Tuesday,

July
30,
2002
Part
II
Environmental
Protection
Agency
40
CFR
Part
63
National
Emission
Standards
for
Hazardous
Air
Pollutants:
Site
Remediation;
Proposed
Rule
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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
63
[FRL–
7241–
6]

RIN
2060–
AH41
National
Emission
Standards
for
Hazardous
Air
Pollutants:
Site
Remediation
AGENCY:
Environmental
Protection
Agency
(EPA).
ACTION:
Proposed
rule.

SUMMARY:
This
action
proposes
National
Emission
Standards
for
Hazardous
Air
Pollutants
(NESHAP)
under
the
authority
of
section
112
of
the
Clean
Air
Act
(CAA)
for
the
site
remediation
source
category.
The
EPA
has
determined
that
site
remediation
activities
can
be
major
sources
of
organic
hazardous
air
pollutants
(HAP)
(including
benzene,
ethyl
benzene,
toluene,
vinyl
chloride,
xylenes)
and
other
volatile
organic
compounds
(VOC).
The
range
of
potential
human
health
effects
associated
with
exposure
to
these
organic
HAP
and
VOC
include
cancer,
aplastic
anemia,
upper
respiratory
tract
irritation,
liver
damage,
and
neurotoxic
effects
(e.
g.,
headache,
dizziness,
nausea,
tremors).
The
proposed
rule
would
implement
section
112(
d)
of
the
CAA
by
requiring
those
affected
site
remediation
activities
to
meet
emissions
limitations,
operating
limit,
and
work
practice
standards
reflecting
the
application
of
the
maximum
achievable
control
technology
(MACT).
When
implemented,
we
estimate
that
the
proposed
rule
would
reduce
annual
regulated
HAP
emissions
from
the
source
category
by
approximately
50
percent
or
570
megagrams
per
year
(Mg/
yr)
(630
tons
per
year
(tpy))
and
reduce
nationwide
VOC
emissions
by
3,680
Mg/
yr
(4,050
tpy).
DATES:
Comments.
Submit
comments
on
or
before
September
30,
2002.
Public
Hearing.
If
anyone
contacts
the
EPA
requesting
to
speak
at
a
public
hearing
by
September
19,
2002,
a
public
hearing
will
be
held
on
August
27,
2002.
ADDRESSES:
Comments.
By
U.
S.
Postal
Service,
send
comments
(in
duplicate
if
possible)
to:
Air
and
Radiation
Docket
and
Information
Center
(6102),
Attention
Docket
Number
A–
99–
20,
U.
S.
EPA,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460.
In
person
or
by
courier,
deliver
comments
(in
duplicate
if
possible)
to:
Air
and
Radiation
Docket
and
Information
Center
(6102),
Attention
Docket
Number
A–
99–
20,
U.
S.
EPA,
401
M
Street,
SW,
Washington,
D.
C.
20460.
The
EPA
requests
that
a
separate
copy
also
be
sent
to
the
contact
person
listed
below
(see
FOR
FURTHER
INFORMATION
CONTACT).
Public
Hearing.
If
a
public
hearing
is
held,
it
will
be
begin
at
10:
00
a.
m.
and
will
be
held
at
the
new
EPA
facility
complex
in
Research
Triangle
Park,
North
Carolina,
or
at
an
alternate
site
nearby.
You
should
contact
Ms.
JoLynn
Collins,
Waste
and
Chemical
Processes
Group,
Emission
Standards
Division,
U.
S.
EPA
(C439–
03),
Research
Triangle
Park,
NC
27711,
telephone
(919)
541–
5671
to
request
a
public
hearing,
to
request
to
speak
at
a
public
hearing,
or
to
find
out
if
a
hearing
will
be
held.
Docket.
Docket
No.
A–
99–
20
contains
supporting
information
used
in
developing
the
standards.
The
docket
is
located
at
the
U.
S.
EPA,
401
M
Street,
SW,
Washington,
DC
20460,
in
Room
M–
1500,
Waterside
Mall
(ground
floor),
and
may
be
inspected
from
8:
30
a.
m.
to
5:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
Copies
of
docket
materials
may
be
obtained
by
request
from
the
Air
Docket
by
calling
(202)
260–
7548.
A
reasonable
fee
may
be
charged
for
copying
docket
materials.
FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Greg
Nizich,
Waste
and
Chemical
Processes
Group,
Emission
Standards
Division
(C439–
03),
U.
S.
EPA,
Research
Triangle
Park,
NC
27711,
telephone
number
(919)
541–
3078,
facsimile
number
(919)
541–
0246,
electronic
mail
address
``
nizich.
greg@
epa.
gov''.
SUPPLEMENTARY
INFORMATION:
Comments.
Comments
and
data
may
be
submitted
by
electronic
mail
(e­
mail)
to:
``
a­
and­
r­
docket@
epa.
gov.
''
Electronic
comments
must
be
submitted
as
an
ASCII
file
to
avoid
the
use
of
special
characters
and
encryption
problems.
Comments
will
also
be
accepted
on
disks
in
WordPerfect    
file
format.
All
comments
and
data
submitted
in
electronic
form
must
note
the
docket
number:
A–
99–
20.
No
confidential
business
information
(CBI)
should
be
submitted
by
e­
mail.
Electronic
comments
may
be
filed
online
at
many
Federal
Depository
libraries.
Commenters
wishing
to
submit
proprietary
information
for
consideration
must
clearly
distinguish
such
information
from
other
comments
and
clearly
label
it
as
CBI.
Send
submissions
containing
such
proprietary
information
directly
to
the
following
address,
and
not
to
the
public
docket,
to
ensure
that
proprietary
information
is
not
inadvertently
placed
in
the
docket:
Attention
Mr.
Greg
Nizich,
c/
o
OAQPS
Document
Control
Officer,
U.
S.
EPA
(C404–
02),
RTP,
NC
27711.
The
EPA
will
disclose
information
identified
as
CBI
only
to
the
extent
allowed
by
the
procedures
set
forth
in
40
CFR
part
2.
If
no
claim
of
confidentiality
accompanies
a
submission
when
it
is
received
by
the
EPA,
the
information
may
be
made
available
to
the
public
without
further
notice
to
the
commenter.
Public
Hearing.
Persons
interested
in
presenting
oral
testimony
or
inquiring
whether
a
hearing
is
to
be
held
should
contact
Ms.
JoLynn
Collins
of
the
EPA
at
(919)
541–
5671
at
least
2
days
before
the
public
hearing.
Persons
interested
in
attending
the
public
hearing
must
also
call
Ms.
Collins
to
verify
the
time,
date,
and
location
of
the
hearing.
The
public
hearing
will
provide
interested
parties
the
opportunity
to
present
data,
views,
or
arguments
concerning
the
proposed
standards.
Docket.
The
docket
is
an
organized
and
complete
file
of
all
the
information
considered
by
the
EPA
in
the
development
of
the
proposed
rule.
The
docket
is
a
dynamic
file
because
material
is
added
throughout
the
rulemaking
process.
The
docketing
system
is
intended
to
allow
members
of
the
public
and
potentially
affected
industries
to
readily
identify
and
locate
documents
so
that
they
can
effectively
participate
in
the
rulemaking
process.
Along
with
the
proposed
and
promulgated
standards
and
their
preambles,
the
contents
of
the
docket
will
serve
as
the
record
in
the
case
of
judicial
review.
(See
section
307(
d)(
7)(
A)
of
the
CAA.)
The
regulatory
text
and
other
materials
related
to
the
proposed
rule
are
available
for
review
in
the
docket,
or
copies
may
be
mailed
on
request
from
the
Air
Docket
by
calling
(202)
260–
7548.
A
reasonable
fee
may
be
charged
for
copying
docket
materials.
Worldwide
Web
(WWW).
In
addition
to
being
available
in
the
docket,
an
electronic
copy
of
the
proposed
rule
is
also
available
on
the
WWW
through
the
Technology
Transfer
Network
(TTN).
Following
signature,
a
copy
of
the
proposed
rule
will
be
posted
on
the
TTN's
policy
and
guidance
page
for
newly
proposed
or
promulgated
rules
at
the
following
address:
http://
www.
epa.
gov/
ttn/
oarpg.
The
TTN
provides
information
and
technology
exchange
in
various
areas
of
air
pollution
control.
If
more
information
regarding
the
TTN
is
needed,
call
the
TTN
HELP
line
at
(919)
541–
5384.
Background
Information.
The
background
information
for
the
proposed
rule
is
not
contained
in
a
formal
background
information
document.
Background
information
we
used
in
developing
the
proposed
rule
is
presented
in
technical
memoranda
that
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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
we
have
included
in
Docket
No.
A–
99–
20.
Regulated
Entities.
Categories
and
entities
potentially
regulated
by
this
action
include:

Category
NAICS*
Examples
of
regulated
entities
Industry
......................................
325211
325192
325188
32411
49311
49319
48611
42269
42271
Site
remediation
activities
at
businesses
at
which
organic
materials
currently
are
or
have
been
in
the
past
stored,
processed,
treated,
or
otherwise
managed
at
the
facility.
These
facilities
include
organic
liquid
storage
terminals,
petroleum
refineries,
chemical
manufacturing
facilities,
and
other
manufacturing
facilities
with
collocated
site
remediation
activities.

Federal
Government
..................
................
Federal
agency
facilities
that
conduct
site
remediation
activities.

*
North
American
Industry
Classification
System
(NAICS)
code.
Representative
industrial
codes
at
which
site
remediation
activities
have
been
or
are
currently
conducted
at
some
but
not
all
facilities
under
a
given
code.
The
list
is
not
necessarily
comprehensive
as
to
the
types
of
facilities
at
which
a
site
remediation
cleanup
may
potentially
be
required
either
now
or
in
the
future.

This
table
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
regulated
by
this
action.
This
table
lists
the
types
of
entities
that
we
are
now
aware
could
potentially
be
regulated
by
this
action.
A
comprehensive
list
of
North
American
Industry
Classification
System
(NAICS)
codes
cannot
be
compiled
for
businesses
or
facilities
potentially
regulated
by
the
proposed
rule
due
to
the
nature
of
activities
regulated
by
the
source
category.
The
industrial
code
alone
for
a
given
facility
does
not
determine
whether
the
facility
is
or
is
not
potentially
subject
to
the
proposed
rule.
The
proposed
rule
may
be
applicable
to
any
type
of
business
or
facility
at
which
a
site
remediation
is
conducted
to
clean
up
media
contaminated
with
organic
HAP
and
other
hazardous
material.
Thus,
for
many
businesses
and
facilities
subject
to
the
proposed
rule,
the
regulated
sources
(i.
e.,
the
site
remediation
activities)
are
not
the
predominant
activity,
process,
operation,
or
service
conducted
at
the
facility.
In
these
cases,
the
industrial
code
indicates
a
primary
product
produced
or
service
provided
at
the
facility
rather
than
the
presence
of
a
site
remediation
performed
to
support
the
predominant
function
of
the
facility.
For
example,
NAICS
code
classifications
where
site
remediation
activities
are
currently
being
performed
at
some
but
not
all
facilities
include,
but
are
not
limited
to,
petroleum
refineries
(NAICS
code
32411),
industrial
organic
chemical
manufacturing
(NAICS
code
3251xx)
and
plastic
materials
and
synthetics
manufacturing
(NAICS
code
3252xx).
However,
we
are
also
aware
of
site
remediation
activities
potentially
subject
to
the
proposed
rule
being
performed
at
facilities
listed
under
NAICS
codes
for
refuse
systems,
waste
management,
business
services,
miscellaneous
services,
and
nonclassifiable.
To
determine
whether
your
facility
is
regulated
by
the
action,
you
should
carefully
examine
the
applicability
criteria
in
the
proposed
rule.
If
you
have
questions
regarding
the
applicability
of
the
proposed
rule
to
a
particular
entity,
consult
the
person
listed
in
the
preceding
FOR
FURTHER
INFORMATION
CONTACT
section
of
this
document.
Outline.
The
following
outline
is
provided
to
assist
you
in
reading
this
preamble.

I.
Background
A.
What
is
the
source
of
authority
for
development
of
the
proposed
rule?
B.
What
is
a
site
remediation?
C.
Why
is
site
remediation
a
unique
NESHAP
source
category?
D.
What
are
the
sources
of
organic
HAP
emissions
from
site
remediation
activities?
E.
What
are
the
potential
health
effects
associated
with
organic
HAP
emitted
from
site
remediation
activities?
F.
What
is
the
relationship
of
the
proposed
rule
to
other
EPA
regulatory
actions
affecting
site
remediation
activities?
G.
What
criteria
are
used
in
the
development
of
NESHAP?
II.
Summary
of
the
Proposed
Rule
A.
Who
is
affected
by
the
proposed
rule?
B.
What
are
the
affected
sources?
C.
What
are
the
standards
for
process
vents?
D.
What
are
the
standards
for
remediation
material
management
units?
E.
What
are
the
standards
for
equipment
leaks?
F.
What
are
requirements
for
remediation
material
sent
off­
site?
G.
What
are
the
general
compliance
requirements?
H.
What
are
the
testing
and
initial
compliance
requirements?
I.
What
are
the
continuous
compliance
provisions?
J.
What
are
the
notification,
recordkeeping,
and
reporting
requirements?
K.
What
are
the
implications
of
this
NESHAP
for
Clean
Air
Act
title
V
requirements?
L.
What
are
the
implications
of
this
NESHAP
for
Clean
Air
Act
New
Source
Review
Requirements?
III.
Rationale
for
Selecting
the
Proposed
Standards
A.
What
is
the
scope
of
the
source
category
to
be
regulated?
B.
How
did
we
select
the
pollutants
to
be
regulated?
C.
How
did
we
select
the
affected
source
to
be
regulated?
D.
How
did
we
determine
MACT
for
the
affected
sources?
E.
How
did
we
select
the
format
of
the
proposed
standards?
F.
How
did
we
select
the
testing
and
initial
compliance
requirements?
G.
How
did
we
select
the
continuous
compliance
requirements?
H.
How
did
we
select
the
notification,
recordkeeping,
and
reporting
requirements?
IV.
Summary
of
Environmental,
Energy,
and
Economic
Impacts
A.
What
are
the
emissions
reductions?
B.
What
are
the
cost
impacts?
C.
What
are
the
economic
impacts?
D.
What
are
the
non­
air
quality
health,
environmental,
and
energy
impacts?
V.
Administrative
Requirements
A.
Executive
Order
12866,
Regulatory
Planning
and
Review
B.
Executive
Order
13132,
Federalism
C.
Executive
Order
13175,
Consultation
and
Coordination
with
Indian
Tribal
Governments
D.
Executive
Order
13045,
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
E.
Executive
Order
13211,
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
F.
Unfunded
Mandates
Reform
Act
of
1995
G.
Regulatory
Flexibility
Act
(RFA)
as
Amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(SBREFA),
5
U.
S.
C.
601
et
seq.
H.
Paperwork
Reduction
Act
I.
National
Technology
Transfer
and
Advancement
Act
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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
I.
Background
A.
What
Is
the
Source
of
Authority
for
Development
of
the
Proposed
Rule?
Section
112
of
the
CAA
requires
us
to
list
categories
and
subcategories
of
major
sources
and
area
sources
of
HAP
and
to
establish
NESHAP
for
the
listed
source
categories
and
subcategories.
The
category
of
major
sources
covered
by
today's
proposed
rule
was
listed
on
July
16,
1992
(57
FR
31576).
Major
sources
of
HAP
are
defined
by
section
112
of
the
CAA
to
be
those
sources
that
emit
or
have
the
potential
to
emit
at
least
10
tpy
of
any
single
HAP
or
25
tpy
of
any
combination
of
HAP.
As
a
supplement
to
the
list
of
source
categories
published
on
July
16,
1992,
the
EPA
developed
the
publication
entitled
``
Documentation
of
Developing
the
Initial
Source
Category
List''
(EPA–
450/
3–
91–
030,
July
1992).
This
document
contains
descriptions
of
the
types
of
activities
included
within
each
source
category
of
major
sources.
This
document
states
that
future
information
may
be
used
to
refine
the
source
category
descriptions
(EPA–
450/
3–
91–
030,
page
A–
2).
We
included
site
remediation
on
the
NESHAP
source
category
list
to
address
HAP
emissions
from
technologies
and
work
practices
used
to
clean
up
or
reduce
chemical
contamination
in
soils,
groundwater,
other
types
of
contaminated
media
and
other
materials
at
those
facilities
that
are
major
sources
of
HAP
as
defined
by
section
112(
a)(
1)
of
the
CAA.
During
the
initial
development
of
the
proposed
rule,
we
obtained
additional
information
regarding
the
cleanup
of
contamination
from
leaking
underground
storage
tanks
at
those
facilities
that
are
not
associated
with
industrial
or
manufacturing
facilities
and
where
the
predominant,
if
not
only,
potential
source
of
HAP
emissions
is
the
remediation
cleanup
activity
itself
(e.
g.,
cleanup
of
contaminated
soil
or
groundwater
due
to
a
leaking
underground
tank
at
a
small
commercial
business,
farm,
or
private
residence).
Our
analysis
shows
that
the
HAP
emissions
from
a
typical
cleanup
of
contamination
from
the
size
and
types
of
underground
tanks
commonly
used
at
these
facilities
to
store
motor
fuels
or
heating
oils
is
significantly
below
the
major
source
levels
(i.
e.,
10
tpy
of
a
single
HAP
or
25
tpy
of
all
HAP)
(see
docket
A–
99–
20).
Therefore,
we
plan
to
modify
our
initial
description
for
the
site
remediation
source
category
to
exclude
remediation
activities
at
residential
and
farm
sites,
and
from
leaking
underground
storage
tanks
located
at
gasoline
service
stations
(businesses
typically
associated
with
NAICS
codes
447110
and
447190).
The
source
category
description
will
be
revised
at
the
next
update
of
the
source
category
list
as
required
under
CAA
section
112(
c).

B.
What
Is
a
Site
Remediation?
A
site
remediation
is
performed
in
response
to
the
release
of
hazardous
substances
into
the
environment
(e.
g.,
soil,
groundwater,
or
other
environmental
media).
It
involves
taking
appropriate
action
to
remove,
store,
treat,
and/
or
dispose
of
the
hazardous
substances
to
the
extent
necessary
to
protect
human
health
and
the
environment.
The
term
``
cleanup''
generally
refers
to
the
activities
performed
to
address
the
hazardous
substance
contamination.
This
term
frequently
is
used
interchangeably
with
the
term
``
remediation.
''
Site
remediations
can
be
performed
to
address
hazardous
substance
contamination
resulting
from
either
past
or
current
human
activities.
Examples
of
such
activities
include
accidental
releases
of
chemical
substances;
undetected
leaks
in
tanks
or
pipelines;
releases
from
the
use
of
incorrectly
designed
or
poorly
maintained
equipment
for
the
management
of
materials
containing
hazardous
substances;
improper
disposal
of
hazardous
substances
in
surface
impoundments,
containers,
waste
piles,
or
landfills;
and
abandoned
hazardous
substances.
Organic
materials
such
as
chlorinated
hydrocarbons,
petroleum
products,
polycyclicaromatic
hydrocarbons,
and
phenols
are
emitted
into
the
air
from
site
remediations.
Site
remediations
are
also
performed
to
clean
up
contamination
from
the
release
of
heavy
metals
(most
commonly
lead,
chromium,
arsenic,
and
cadmium)
and
other
inorganic
hazardous
substances.
Some
site
remediations
address
contamination
resulting
from
management
practices
used
at
a
given
facility
for
special
types
of
waste
materials
such
as
mixed
wastes
(wastes
containing
both
radioactive
and
nonradioactive
hazardous
constituents)
and
low­
level
radioactive
wastes.
The
actions
taken
at
a
given
contamination
site
to
protect
human
health
and
the
environment
vary
depending
on
site­
specific
conditions
such
as
the
composition,
physical
form,
and
quantity
of
the
hazardous
substance
and
the
relative
degree
of
contamination.
Typically,
remediation
or
cleanup
activities
involve
a
contaminated
media
of
one
physical
form
or
another
(e.
g.,
contaminated
soil
or
groundwater).
However,
at
some
sites
remediation
or
cleanup
involves
materials
other
than
contaminated
media;
this
might
include,
for
example,
wastes
left
in
tanks
and
containers
or
other
``
pure''
materials
in
the
environment
that
do
not
include
media
(e.
g.,
oil
pumped
from
below
ground).
We
use
the
term
``
remediation
material''
for
both
contaminated
media
and
pure
materials
that
are
remediated.
At
some
sites,
the
remediation
material
is
left
undisturbed
and
containment
techniques
are
used
to
prevent
or
significantly
reduce
further
migration
of
the
contaminants
to
surrounding
soils
or
to
underlying
groundwater
aquifers
(e.
g.,
installation
of
a
physical
barrier
or
cap
on
the
surface
of
a
contaminated
landfill).
At
many
sites,
the
remediation
material
is
treated
to
remove
or
destroy
the
hazardous
substance,
transform
the
hazardous
substance
into
a
nonhazardous
form,
or
reduce
the
concentration
of
the
hazardous
substance
below
a
threshold
level.
Treatment
processes
are
available
that
allow
the
remediation
material
to
be
treated
in
place
(commonly
referred
to
as
``
in
situ''
treatment).
Other
treatment
processes
require
first
extracting
the
remediation
material
from
the
ground
and
then
placing
it
in
a
treatment
unit
located
at
the
site
(commonly
referred
to
as
``
ex
situ''
treatment).
Alternatively,
all
of
the
remediation
material
may
be
extracted
from
the
site
and
the
remediation
material
sent
offsite
to
a
facility
for
treatment
or
disposal,
as
appropriate
for
the
form
and
characteristics
of
the
remediation
material
(e.
g.,
contaminated
soils
trucked
to
a
hazardous
waste
treatment,
storage,
and
disposal
facility;
or
contaminated
groundwater
discharged
through
a
sewer
system
to
a
publicly
owned
treatment
works).

C.
Why
Is
Site
Remediation
a
Unique
NESHAP
Source
Category?
The
development
of
a
NESHAP
for
site
remediation
presents
a
unique
set
of
considerations
unlike
any
other
source
category
for
which
we
have
established
a
NESHAP.
The
sole
purpose
of
conducting
a
site
remediation
is
to
clean
up
an
existing
environmental
problem.
Any
HAP
emissions
from
site
remediation
are
the
direct
result
of
the
remedial
activities
or
operations
taken
with
the
intent
of
protecting
human
health
and
the
environment
from
exposure
to
hazardous
substances.
The
HAP
emissions
do
not
result
from
processing
or
refining
raw
material,
manufacturing
a
product,
distributing
a
product
to
consumers,
or
even
managing
waste
to
avoid
an
environmental
problem.
In
developing
a
NESHAP
for
site
remediation,
careful
consideration
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/
Vol.
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No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
must
be
given
to
establishing
a
proposed
rule
that
balances
the
need
for
effective
HAP
emissions
control
with
the
overall
goal
of
removing
the
threat
to
human
health
and
the
environment
posed
by
the
hazardous
substances
in
the
remediation
material.
Site
remediation
cannot
be
categorized
by
a
particular
industry
sector
or
group
of
industry
sectors.
Site
remediation
potentially
may
be
conducted
at
any
type
of
business
or
facility
at
which
contamination
has
occurred
due
to
past
events
or
current
activities
at
the
facility.
These
facilities
may
be
privately
or
government
owned.
Site
remediation
is
also
performed
at
facilities
that
have
closed
or
have
been
abandoned.
Implementation
problems
resulting
from
the
fact
that
a
Site
Remediation
NESHAP
would
potentially
be
applicable
to
facilities
across
a
wide
spectrum
of
industry
sectors
are
not
insurmountable.
We
have
promulgated
NESHAP
for
some
source
categories
that
also
affect
multiple
industry
sectors.
For
example,
many
types
of
businesses
and
federal
facilities
in
the
United
States
have
operations
subject
to
the
Off­
Site
Waste
and
Recovery
Operations
(OSWRO)
NESHAP
under
40
CFR
part
63,
subpart
DD.
Establishing
a
NESHAP
for
this
type
of
broad­
based
source
category,
however,
does
affect
the
regulatory
approach
and
format
used
as
well
as
how
to
evaluate
the
impacts
of
the
proposed
rule.
For
the
NESHAP
source
categories
defined
in
terms
of
a
specific
industrial
or
manufacturing
sector,
the
facilities
comprising
the
source
category
(or,
in
some
cases,
subcategories
within
the
source
category)
share
similar
processes
and
emissions
points.
In
contrast
to
these
NESHAP
source
categories,
the
HAP
emissions
sources
in
the
site
remediation
source
category
are
dependent
on
site­
specific
factors.
These
factors
determine
the
remedy
required
for
a
cleanup
and,
thereby,
the
sources
and
level
of
air
emissions
released,
if
any,
by
implementing
activities
associated
with
the
selected
remedy.
Another
consideration
is
the
finite
period
for
which
a
site
remediation
is
conducted.
The
objective
of
a
site
remediation
is
to
mitigate
a
detected
risk
to
public
health
or
the
environment
by
successfully
completing
the
cleanup
of
the
area
contaminated
by
a
hazardous
substance.
For
NESHAP
source
categories
associated
with
industrial
processes
or
product
distribution,
the
air
emission
sources
typically
remain
in
operation
for
many
years
(i.
e.,
10
years,
20
years,
or
even
longer
for
some
sources).
Once
an
existing
source
reaches
the
end
of
its
useful
service
life,
it
is
often
reconstructed
or
replaced
with
a
new
source.
In
contrast,
the
air
emission
sources
associated
with
site
remediations
cease
to
exist
once
the
remediation
cleanup
criteria
are
achieved.
Depending
on
site­
specific
facts
such
as
the
extent
of
the
contamination
and
the
type
of
remediation
activities
needed,
the
life
span
of
a
given
site
remediation
may
be
a
short
period
lasting
several
weeks
to
a
more
extended
period
lasting
several
years.
Even
for
those
site
remediation
activities
requiring
a
number
of
years
to
complete,
it
is
important
to
recognize
that
ultimately
the
remediation
activities
at
a
facility
will
be
completed,
and
the
air
emission
sources
will
no
longer
exist.

D.
What
Are
the
Sources
of
Organic
HAP
Emissions
From
Site
Remediation
Activities?

Site
remediation
activities
may
emit
HAP.
The
levels
of
organic
HAP
emissions
at
any
given
facility
at
which
a
cleanup
of
remediation
material
is
being
conducted
depends
on
sitespecific
factors
including
the
type
of
processes
used
and
activities
conducted;
the
quantity,
organic
HAP
composition,
and
other
characteristics
of
the
remediation
material;
and
the
time
required
to
complete
the
cleanup.
The
following
sections
briefly
summarize
potential
types
of
HAP
emission
sources
related
to
site
remediation
activities.

1.
In
situ
Treatment
Processes
In
situ
treatment
processes
are
available
for
cleanup
of
soils
and
groundwater
contaminated
with
hazardous
organic
substances.
The
in
situ
processes
most
frequently
in
use
at
existing
remediation
sites
physically
extract
volatile
and
semi­
volatile
organics
by
inducing
controlled
air
flow
through
the
remediation
material.
Examples
of
these
processes
are
soil
vapor
extraction
for
contaminated
soil
and
air
sparging
for
contaminated
groundwater.
If
not
controlled,
the
organic
vapors
extracted
from
the
soil
or
aqueous
media
are
released
directly
to
the
atmosphere.
Bioremediation
is
another
category
of
in
situ
treatment
process
that
is
commonly
used
to
remove
organic
contaminants.
These
processes
are
destruction
processes
based
on
stimulating
microbes
in
the
soil
or
groundwater
to
grow
using
the
organic
contaminant
compound
as
a
food
and
energy
source.
A
variety
of
other
chemical,
thermal,
and
physical
treatment
processes
also
have
been
used
in
limited
numbers
of
in
situ
applications.
Organic
HAP
emissions
from
in
situ
treatment
processes
primarily
occur
through
a
process
vent.
A
process
vent
is
a
pipe
or
duct
that
extends
above
ground
level
through
which
an
air
or
gas
stream
from
the
remediation
process
is
exhausted
to
the
atmosphere.
Emissions
occur
at
the
point
at
which
the
organic
vapor
stream
exits
the
process
vent
outlet
into
the
atmosphere.
Because
in
situ
treatment
allows
the
contaminated
material
to
be
treated
in
place,
the
primary
HAP
emissions
points
for
in
situ
treatment
processes
are
process
vents.
Avoiding
the
need
to
first
extract
the
contaminated
media
eliminates
potential
HAP
sources
associated
with
accumulating,
handling,
storing,
and
treating
the
remediation
material
in
aboveground
units.

2.
Ex
situ
Treatment
Processes
Ex
situ
treatment
processes
also
remove,
destroy,
or
transform
the
contaminants
but
first
require
the
contaminated
media
to
be
extracted
from
the
ground
or
water
body
before
it
can
be
treated.
For
a
given
site,
using
an
ex­
situ
treatment
process
in
place
of
an
in
situ
treatment
process
generally
allows
the
remediation
to
be
completed
in
a
shorter
period;
it
also
provides
greater
control
of
the
consistency
of
the
treatment
results
because
of
the
ability
to
mix
the
extracted
materials
and
better
adjust
the
process
parameters
for
optimal
performance.
However,
total
remediation
costs
likely
will
be
higher
using
an
ex
situ
treatment
because
of
additional
costs
for
material
extraction
and
handling,
worker
protection,
treated
residual
disposal,
and
other
factors.
Many
ex
situ
processes
treat
the
extracted
material
in
a
tank,
vessel,
reactor,
combustion
unit,
or
similar
type
of
contained
process
unit.
Extracted
material
for
some
ex
situ
treatment
processes
is
treated
directly
on
the
land
surface
or
in
a
surface
impoundment.
The
ex
situ
treatment
processes
frequently
used
at
remediation
sites
are
groundwater
pump
and
treat,
solidification/
stabilization,
and
incineration.
Thermal
desorption,
bioremediation,
and
air
stripping
are
also
types
of
ex
situ
treatment
technologies
commonly
used
for
cleanup
of
soils
and
groundwater
contaminated
with
hazardous
organic
substances.
Solidification/
stabilization
technologies
are
primarily
used
to
treat
metals
and
other
types
of
inorganic
contaminants.
In
general,
these
technologies
have
limited
effectiveness
for
treatment
of
organics.
Solidification
and
stabilization
processes
reduce
the
mobility
of
a
contaminant
by
physically
binding
or
enclosing
it
within
a
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Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
stabilized
mass
(solidification),
or
by
chemically
binding
to
a
stabilizing
agent
(stabilization).
Incineration
can
be
used
to
destroy
organics
in
contaminated
soils
and
other
contaminated
solid
wastes
by
combustion
at
high
temperatures
(i.
e.,
870
to
1,200
C
(1,400
to
2,200
F)).
The
contaminated
material
is
burned
in
a
rotary,
circulating­
bed,
fluidized­
bed,
or
other
type
of
combustor.
Often
an
auxiliary
fuel
such
as
natural
gas
is
also
burned
to
initiate
and
sustain
combustion
of
the
contaminated
material.
Treatment
of
contaminated
materials
by
incineration
is
most
frequently
conducted
by
sending
the
material
to
a
permanent,
off­
site
incinerator
facility,
although
mobile
incinerators
are
available
and
sometimes
brought
on­
site.
Incinerators
used
to
treat
remediation
wastes
are
subject
to
existing
air
emission
regulations.
We
promulgated
interim
standards
for
the
NESHAP
for
hazardous
waste
combustion
sources
under
40
CFR
part
63,
subpart
EEE
with
final
standards
to
be
promulgated
by
June
14,
2005.
If
the
remediation
wastes
are
classified
as
hazardous
under
the
Resource
Conservation
and
Recovery
Act
(RCRA)
subtitle
C
regulations,
the
waste
must
be
burned
in
a
RCRApermitted
incinerator.
Incinerators
required
to
meet
the
hazardous
waste
combustion
NESHAP
or
RCRA
standards
use
extensive
air
pollution
control
systems
to
achieve
emissions
limitation
standards
for
organics,
particulate
matter,
metals,
and
chloride
emissions.
These
systems
treat
the
incinerator
exhaust
gas
stream
to
control
emissions
of
particulate
matter,
acid
gases,
and
other
pollutants.
Thermal
desorption
is
another
process
used
for
treating
contaminated
soils.
Unlike
incineration,
the
process
is
not
designed
to
destroy
organics
but
instead
to
physically
separate
the
organics
from
the
media.
The
contaminated
soil
or
other
material
is
heated
in
a
vessel
to
volatilize
organic
compounds.
Two
common
vessel
designs
are
the
rotary
dryer
and
thermal
screw.
The
bed
temperatures
and
residence
times
used
for
the
process
are
at
a
level
that
will
volatilize
selected
organic
contaminants
but
will
typically
not
oxidize
them.
A
carrier
gas
or
vacuum
system
is
used
to
vent
the
volatilized
organics
from
the
vessel
to
a
gas
stream
treatment
system
where
the
organic
vapors
are
removed
or
destroyed.
The
organic
contaminants
typically
are
either
removed
through
condensation
followed
by
carbon
adsorption,
or
they
are
destroyed
in
a
secondary
combustion
chamber
or
a
catalytic
oxidizer.
The
thermal
desorption
process
is
used
at
site
remediation
activities
for
the
separation
of
organics
from
refinery
wastes,
hydrocarbon­
contaminated
soils,
coal
tar
wastes,
wood­
treating
wastes,
creosote­
contaminated
soils,
pesticides,
and
paint
wastes.
Many
of
these
process
units
are
transportable
and
are
temporarily
set
up
at
the
remediation
site
for
the
duration
of
the
cleanup.
Air
stripping
is
a
physical
separation
process
widely
used
to
remove
volatile
organics
from
contaminated
groundwater.
Air
stripping
involves
the
mass
transfer
of
VOC
from
the
water
to
air
by
contacting
the
water
with
an
induced
air
flow.
For
groundwater
remediation,
the
air
stripping
process
is
typically
conducted
by
pumping
the
groundwater
from
extraction
wells
to
a
packed
tower
or
an
aeration
tank.
Air
strippers
can
be
operated
continuously
or
in
a
batch
mode
where
the
air
stripper
is
intermittently
fed
from
a
collection
tank.
Using
batch
mode
operation
improves
the
air
stripper
performance
consistency
and
energy
efficiency
compared
to
a
continuously
operated
unit
because
mixing
in
the
storage
tanks
provides
a
uniform
feed
water
composition.
The
typical
packed
tower
air
stripper
uses
a
spray
nozzle
at
the
top
of
a
tower
to
distribute
the
contaminated
water
over
packing
in
the
column.
A
fan
or
blower
forces
air
upward
from
the
bottom
of
the
tower
countercurrent
to
the
water
flow.
A
sump
at
the
bottom
of
the
tower
collects
decontaminated
water
while
a
vent
on
the
top
of
the
tower
discharges
the
air/
vapor
stream.
Depending
on
the
organic
concentrations
in
the
groundwater
and
local
air
permitting
requirements,
the
vent
stream
may
be
discharged
directly
to
the
atmosphere
or
through
an
appropriate
organic
air
emission
control
device
such
as
activated
carbon
adsorber,
catalytic
vapor
oxidizer,
or
thermal
vapor
oxidizer.
Aeration
tanks
strip
VOC
by
bubbling
air
into
an
open­
top
tank
through
which
contaminated
water
flows.
A
forced
air
blower
and
a
distribution
manifold
are
designed
to
provide
good
air­
water
contact
without
the
need
for
any
packing
materials.
If
the
aeration
tank
is
uncovered,
the
stripped
VOC
are
emitted
to
the
atmosphere.
Bioremediation
technologies
are
successfully
used
to
clean
up
excavated
soils,
dredged
sludges
and
sediments,
and
pumped
groundwater
contaminated
with
petroleum
hydrocarbons,
solvents,
pesticides,
wood
preservatives,
and
other
organic
chemicals.
These
processes
rely
on
indigenous
or
inoculated
micro­
organisms
(e.
g.,
fungi,
bacteria,
and
other
microbes)
to
degrade
organic
contaminants
found
in
the
soil
or
groundwater
by
metabolism.
In
the
presence
of
sufficient
oxygen
(aerobic
conditions)
and
other
nutrient
elements,
microorganisms
convert
many
organic
compounds
to
carbon
dioxide,
water,
and
microbial
cell
mass.
In
the
absence
of
oxygen
(anaerobic
conditions),
microorganisms
convert
the
organic
compounds
to
methane,
limited
amounts
of
carbon
dioxide,
and
trace
amounts
of
hydrogen
gas.
For
ex
situ
biotreatment
of
contaminated
soils
and
dredged
sediments,
the
excavated
material
is
first
processed
to
physically
separate
stones
and
other
debris.
The
contaminated
solids
are
then
mixed
with
water
to
a
predetermined
concentration
dependent
upon
the
concentration
of
the
contaminants,
the
rate
of
biodegradation,
and
the
physical
nature
of
the
soils.
This
soil
slurry
is
placed
in
a
reactor
vessel
(i.
e.,
a
bioreactor)
and
mixed
with
nutrients
and,
in
some
cases,
other
additives.
If
the
process
is
an
aerobic
process,
air
or
oxygen
is
blown
into
the
reactor.
When
biodegradation
is
complete,
the
soil
slurry
is
dewatered
using
clarifiers,
pressure
filters,
vacuum
filters,
sand
drying
beds,
or
centrifuges.
Use
of
ex
situ
bioreactors
often
is
favored
over
using
an
in
situ
bioremediation
process
for
heterogenous
soils,
low­
permeability
soils,
or
when
a
shorter
remediation
period
is
required.
Biodegradation
processes
are
used
at
many
industrial
facilities
to
treat
process
wastewaters
containing
organics.
These
same
processes
can
be
used
to
treat
contaminated
groundwater
containing
organics.
At
those
remediation
sites
where
bioremediation
is
used
to
treat
contaminated
groundwater
pumped
from
the
ground,
the
common
practice
is
to
discharge
the
water
either
to
the
facility's
existing
process
wastewater
treatment
facility
or
directly
to
a
sewer
for
treatment
at
an
off­
site
wastewater
treatment
facility.
As
an
alternative
to
conducting
biodegradation
in
a
bioreactor
or
other
type
of
enclosed
vessel,
land
treatment
and
land
farming
are
open
biodegradation
processes
performed
on
top
of
the
ground
surface.
For
these
processes,
the
extracted
material
is
applied
on
top
of
the
ground
in
thin,
lined
beds
or,
in
some
cases,
tilled
directly
back
into
the
upper
soil
layer.
Aerobic
microbes
decompose
the
organic
compounds
contained
in
the
applied
material.
The
material
is
periodically
turned
over
or
tilled
to
aerate
the
waste.
Organic
emissions
are
generated
due
to
the
volatilization
of
organics
from
the
exposed
surface
of
the
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Proposed
Rules
materials
primarily
during
initial
application
and
tilling.
After
application
and
tilling,
organic
emissions
continue
to
occur
from
the
material
mixture,
although
at
a
decreasing
rate,
until
nearly
all
of
the
volatile
organics
originally
in
the
applied
material
are
either
emitted
or
biologically
degraded.
Like
in
situ
treatment
processes,
primary
sources
of
HAP
emissions
from
many
types
of
ex
situ
treatment
processes
are
process
vents.
However,
unlike
in
situ
treatment
processes,
there
are
other
potential
HAP
emissions
sources
associated
with
ex
situ
treatment
processes
because
the
contaminated
media
is
extracted
from
the
ground
and
subsequently
managed
at
the
facility
as
essentially
a
waste
material.
Even
if
treatment
of
the
material
is
not
performed
at
the
facility,
any
tanks,
containers,
and
other
types
of
equipment
used
to
handle
and/
or
temporarily
store
the
material
before
it
is
shipped
off­
site
are
potential
sources
of
air
emissions.
These
potential
HAP
emissions
sources
are
discussed
in
the
next
section.

3.
Other
Extracted­
Media
Sources
Material
extraction
activities.
Depending
on
the
characteristics
of
the
remediation
material
and
the
extraction
method
used,
organic
HAP
may
be
emitted
by
the
extraction
activities.
Soils,
sludges,
and
sediments
are
frequently
extracted
using
heavy
construction
equipment.
Volatilization
of
organics
from
the
freshly
exposed
surfaces
of
the
extracted
materials
can
release
organic
HAP
into
the
atmosphere.
Tanks.
Tanks
can
be
used
at
a
facility
to
accumulate,
temporarily
store,
or
treat
extracted
materials
containing
organics.
These
tanks
can
either
be
open
tanks
(i.
e.,
the
surface
of
the
waste
material
is
exposed
directly
to
the
atmosphere)
or
covered
tanks
(i.
e.,
the
surface
of
the
waste
material
is
enclosed
by
a
roof
or
cover).
Organic
HAP
emissions
result
from
the
volatilization
of
organic­
containing
materials
placed
in
the
tank,
and
the
subsequent
release
of
these
organic
vapors
to
the
atmosphere.
For
open
tanks,
the
organic
vapors
released
from
the
surface
of
the
material
are
dispersed
immediately
into
the
atmosphere
by
diffusion
and
wind
effects.
Covering
a
tank
(referred
to
as
a
``
fixed­
roof
tank'')
significantly
lowers
organic
emissions
compared
to
open
tanks.
However,
organic
HAP
emissions
still
occur
from
fixed­
roof
tanks
from
the
displacement
of
organic
vapors
that
have
collected
in
the
enclosed
space
above
the
surface
of
the
stored
material
through
vents
on
the
tank
roof.
This
displacement
occurs
during
tank
filling
operations
when
the
vapors
are
pushed
out
through
the
tank
vents
by
the
rising
level
of
material
in
the
tank
(commonly
referred
to
as
``
working
losses'')
and
to
a
lesser
extent,
when
the
volume
of
the
vapor
in
the
tank
is
increased
by
fluctuations
in
ambient
temperature
or
pressure
(commonly
referred
to
as
``
breathing
losses''.)
The
quantity
of
organic
emissions
from
a
fixed­
roof
tank
varies
depending
on
volatility
of
the
organic
constituents
in
the
extracted
materials.
Separators.
Separators
are
used
to
separate
oil
or
organics
from
water.
Organic
emissions
from
these
sources
are
similar
to
those
occurring
from
open­
top
wastewater
treatment
tanks.
Containers.
Containers
such
as
drums,
dumpsters,
and
roll­
off
boxes
may
be
used
to
accumulate,
store,
and
treat
extracted
materials.
Organic
HAP
emissions
from
containers
can
result
from
several
emission
mechanisms.
Organic
emissions
occur
during
loading
of
liquid,
slurry,
and
sludge
waste
materials
into
containers
due
to
the
displacement
of
organic
vapors
to
the
atmosphere
through
container
openings
by
the
rising
level
of
material
in
the
container.
Once
loaded,
containers
that
remain
open
to
the
atmosphere
are
an
emission
source
when
organics
evaporate
from
the
exposed
surface
of
the
material
placed
in
the
container.
Surface
Impoundments.
Although
extracted
groundwater,
slurries,
and
sludge
materials
are
managed
in
tanks
at
most
site
remediations,
these
materials
under
special
circumstances
may
be
managed
in
surface
impoundments.
A
surface
impoundment
is
an
earthen
pit,
pond,
or
lagoon.
Organic
emissions
from
surface
impoundments
occur
as
organics
evaporate
from
the
exposed
surface
of
the
materials
placed
in
the
impoundment.
Surface
impoundments
containing
organic­
containing
materials
may
have
high
organic
emissions
because
of
the
large
exposed
surface
area
and
the
extended
residence
time
that
materials
remain
in
the
impoundment
(sometimes
weeks
or
months).
Transfer
Equipment.
Organic
HAP
emissions
can
potentially
occur
during
the
transfer
of
a
material
if
the
transfer
system
is
open
to
the
atmosphere.
Volatilization
of
organics
from
the
exposed
surfaces
of
the
extracted
materials
can
release
organic
HAP
into
the
atmosphere.
Examples
of
such
systems
include
individual
drain
systems
(with
all
associated
drains,
junction
boxes,
and
sewer
lines),
channels,
flumes,
gravity­
operated
conveyors
(such
as
a
chute),
and
mechanically­
powered
conveyors
(such
as
a
belt
or
screw
conveyor).
Equipment
Leaks.
Leaks
from
pumps,
valves,
and
other
ancillary
equipment
needed
to
operate
material
handling
and
treatment
processes
can
be
a
potential
source
of
organic
HAP
emissions.
Organic
vapors
can
be
emitted
directly
to
the
atmosphere
by
flowing
through
small
openings
created
in
worn
or
defective
pump
and
valve
packings,
flange
gaskets,
or
other
types
of
equipment
seals.
In
addition,
organic
emissions
occur
when
liquids
leak
outside
the
equipment
exposing
the
leaked
fluid
to
the
ambient
air.
Emissions
result
when
organics
contained
in
the
drip,
puddle,
or
pool
of
leaked
liquid
evaporate
into
the
atmosphere.
Although
the
quantity
of
organic
emissions
from
a
single
leak
is
small,
when
many
equipment
leaks
occur
at
a
facility,
the
total
organic
HAP
emissions
from
equipment
leaks
can
be
significant.

E.
What
Are
the
Potential
Health
Effects
Associated
With
Organic
HAP
Emitted
From
Site
Remediation
Activities?
The
range
of
potential
human
health
effects
associated
with
exposure
to
organic
HAP
and
VOC
include
cancer,
aplastic
anemia,
upper
respiratory
tract
irritation,
liver
damage,
and
neurotoxic
effects
(e.
g.,
headache,
dizziness,
nausea,
tremors).
Thus,
the
proposed
rule
has
the
potential
for
providing
both
cancer
and
noncancer
related
health
benefits.
The
following
is
a
summary
of
the
potential
health
effects
associated
with
exposure
to
some
of
the
primary
HAP
emitted
from
site
remediation
activities.

1.
Benzene
Acute
(short­
term)
inhalation
exposure
of
humans
to
benzene
may
cause
drowsiness,
dizziness,
and
headaches,
as
well
as
eye,
skin,
and
respiratory
tract
irritation,
and,
at
high
levels,
unconsciousness.
Chronic
longterm
inhalation
exposure
has
caused
various
disorders
in
the
blood,
including
reduced
numbers
of
red
blood
cells
and
aplastic
anemia,
in
occupational
settings.
Reproductive
effects
have
been
reported
for
women
exposed
by
inhalation
to
high
levels,
and
adverse
effects
on
the
developing
fetus
have
been
observed
in
animal
tests.
Increased
incidence
of
leukemia
(cancer
of
the
tissues
that
form
white
blood
cells)
has
been
observed
in
humans
occupationally
exposed
to
benzene.
We
have
classified
benzene
as
a
Group
A,
known
human
carcinogen.

2.
Ethyl
benzene
Acute
exposure
to
ethyl
benzene
in
humans
results
in
respiratory
effects
such
as
throat
irritation
and
chest
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2002
/
Proposed
Rules
constriction,
irritation
of
the
eyes,
and
neurological
effects
such
as
dizziness.
Chronic
exposure
to
ethyl
benzene
by
inhalation
in
humans
has
shown
conflicting
results
regarding
its
effects
on
the
blood.
Animal
studies
have
reported
effects
on
the
blood,
liver,
and
kidneys
from
chronic
inhalation
exposures.
No
information
is
available
on
the
developmental
or
reproductive
effects
of
ethyl
benzene
in
humans,
but
animal
studies
have
reported
developmental
effects,
including
birth
defects
in
animals
exposed
via
inhalation.
We
have
classified
ethyl
benzene
in
Group
D,
not
classifiable
as
to
human
carcinogenicity.

3.
Toluene
Humans
exposed
to
toluene
for
short
periods
may
experience
irregular
heartbeat
and
effects
on
the
central
nervous
system
(CNS)
such
as
fatigue,
sleepiness,
headaches,
and
nausea.
Repeated
exposure
to
high
concentrations
may
induce
loss
of
coordination,
tremors,
decreased
brain
size,
and
involuntary
eye
movements,
and
may
impair
speech,
hearing,
and
vision.
Chronic
exposure
to
toluene
in
humans
has
also
been
indicated
to
irritate
the
skin,
eyes,
and
respiratory
tract,
and
to
cause
dizziness,
headaches,
and
difficulty
with
sleep.
Children
exposed
to
toluene
before
birth
may
suffer
CNS
dysfunction,
attention
deficits,
and
minor
face
and
limb
defects.
Inhalation
of
toluene
by
pregnant
women
may
increase
the
risk
of
spontaneous
abortion.
We
have
developed
a
reference
concentration
of
0.4
milligrams
per
cubic
meters
(mg/
m
3
)
for
toluene.
Inhalation
of
this
concentration
or
less
over
a
lifetime
would
be
unlikely
to
result
in
adverse
noncancer
effects.
No
data
exist
that
suggest
toluene
is
carcinogenic.
We
have
classified
toluene
in
Group
D,
not
classifiable
as
to
human
carcinogenicity.

4.
Vinyl
Chloride
Acute
exposure
to
high
levels
of
vinyl
chloride
in
air
has
resulted
in
CNS
effects
such
as
dizziness,
drowsiness,
and
headaches
in
humans.
Chronic
exposure
to
vinyl
chloride
through
inhalation
has
resulted
in
liver
damage
to
humans.
Human
and
animal
studies
show
adverse
effects
that
raise
a
concern
about
potential
reproductive
and
developmental
hazards
to
humans
from
exposure
to
vinyl
chloride.
Cancer
is
a
major
concern
from
exposure
to
vinyl
chloride
via
inhalation,
as
vinyl
chloride
exposure
has
been
shown
to
increase
the
risk
of
a
rare
form
of
liver
cancer
in
humans.
We
have
classified
vinyl
chloride
as
a
Group
A,
known
human
carcinogen.
5.
Xylenes
Acute
inhalation
of
mixed
xylenes
(a
mixture
of
three
closely
related
compounds)
in
humans
may
cause
irritation
of
the
nose
and
throat,
nausea,
vomiting,
gastric
irritation,
mild
transient
eye
irritation,
and
neurological
effects.
Chronic
inhalation
of
xylenes
in
humans
may
result
in
CNS
effects
such
as
headaches,
dizziness,
fatigue,
tremors,
and
incoordination.
Other
reported
effects
include
labored
breathing,
heart
palpitation,
severe
chest
pain,
abnormal
electrocardiograms,
and
possible
effects
on
the
blood
and
kidneys.
We
have
classified
xylenes
in
Group
D,
not
classifiable
as
to
human
carcinogenicity.

6.
Volatile
Organic
Compounds
By
requiring
facilities
to
reduce
organic
HAP
emitted
from
site
remediation
activities,
the
proposed
rule
would
also
reduce
emissions
of
those
VOC
that
are
not
HAP
but
contribute
to
adverse
human
health
affects.
Many
VOC
react
photochemically
with
nitrogen
oxides
in
the
atmosphere
to
form
tropospheric
(low­
level)
ozone.
A
number
of
factors
affect
the
degree
to
which
VOC
emission
reductions
will
reduce
ambient
ozone
concentrations.
Human
laboratory
and
community
studies
have
shown
that
exposure
to
ozone
levels
that
exceed
the
national
ambient
air
quality
standards
(NAAQS)
can
result
in
various
adverse
health
impacts
such
as
alterations
in
lung
capacity
and
aggravation
of
existing
respiratory
disease.
Animal
studies
have
shown
increased
susceptibility
to
respiratory
infection
and
lung
structure
changes.
The
VOC
emissions
reductions
resulting
from
the
proposed
rule
will
reduce
low­
level
ozone
and
have
a
positive
impact
toward
minimizing
these
health
effects.
Among
the
welfare
impacts
from
exposure
to
air
that
exceeds
the
ozone
NAAQS
are
damage
to
some
types
of
commercial
timber
and
economic
losses
for
commercially
valuable
crops
such
as
soybeans
and
cotton.
Studies
have
shown
that
exposure
to
excessive
ozone
can
disrupt
carbohydrate
production
and
distribution
in
plants.
This
can
lead
in
turn
to
reduced
root
growth,
reduced
biomass
or
yield,
reduced
plant
vigor
(which
can
cause
increased
susceptibility
to
attack
from
insects
and
disease
and
damage
from
cold),
and
diminished
ability
to
successfully
compete
with
more
tolerant
species.
In
addition,
excessive
ozone
levels
may
disrupt
the
structure
and
function
of
forested
ecosystems.
F.
What
Is
the
Relationship
of
the
Rule
to
Other
EPA
Regulatory
Actions
Affecting
Site
Remediation
Activities?
Existing
requirements
for
site
remediations
conducted
under
the
Comprehensive
Environmental
Response
and
Compensation
Liability
Act
(CERCLA)
and
RCRA
programs
are
administered
under
the
oversight
of
EPA's
Office
of
Solid
Waste
and
Emergency
Response
(OSWER).
A
site
remediation
may
be
regulated
under
one
of
three
OSWER
programs.

1.
Superfund
Removal
and
Remedial
Actions
Remediation
activities
under
the
Superfund
program
are
exempt
from
the
requirements
of
the
proposed
rule.
See
discussion
in
section
II.
A
of
this
preamble.

2.
RCRA
Corrective
Actions
Remediation
activities
under
the
RCRA
Corrective
Action
program
are
exempt
from
the
requirements
of
the
proposed
rule.
See
discussion
in
section
II.
A
of
this
preamble.

3.
Underground
Storage
Tanks
Subtitle
I
of
RCRA
directs
the
EPA
to
establish
regulatory
programs
to
prevent,
detect,
and
clean
up
releases
from
underground
storage
tanks
(UST)
containing
petroleum
or
hazardous
substances
listed
under
section
101(
14)
of
CERCLA
(petroleum
is
specifically
excluded
from
this
CERCLA
list).
The
EPA's
Office
of
Underground
Storage
Tanks
is
responsible
for
developing
and
implementing
the
UST
program.
Federal
regulations
for
UST
have
been
developed
which
specify
requirements
for
tank
notification,
interim
prohibition,
new
tank
standards,
reporting
and
recordkeeping
requirements
for
existing
tanks,
corrective
action,
financial
responsibility,
compliance
monitoring
and
enforcement,
and
approval
of
State
programs.
The
technical
standards
are
codified
in
40
CFR
part
280
and
40
CFR
part
281
with
the
list
of
CERCLA
hazardous
substances
in
40
CFR
part
302.4.
The
EPA
is
authorized
under
subtitle
I
to
delegate
UST
regulatory
authority
to
approved
State
programs.
States
with
delegated
authority
administer
and
enforce
their
own
approved
UST
program
instead
of
the
Federal
regulations.
There
are
currently
25
States
and
the
District
of
Columbia
with
approved
UST
programs.
Each
of
the
approved
State
UST
programs
is
codified
in
40
CFR
part
282.
In
the
other
States
without
an
approved
UST
program,
EPA
administers
and
enforces
the
Federal
regulations.

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/
Proposed
Rules
An
UST
is
a
tank
having
a
capacity
greater
than
110
gallons
for
which
the
volume
of
the
tank
(including
the
volume
of
any
connected
underground
pipes)
is
10
percent
or
more
beneath
the
surface
of
the
ground.
The
major
category
of
UST
regulated
under
this
program
are
tanks
used
to
store
petroleum
and
petroleum­
based
substances
including
crude
oil,
motor
fuels,
jet
fuels,
distillate
fuel
oils,
residual
fuel
oils,
lubricants,
petroleum
solvents,
and
used
oils.
The
regulations
also
apply
to
underground
tanks
used
to
store
any
hazardous
substance
defined
in
section
101(
14)
of
CERCLA
but
are
not
regulated
as
a
hazardous
waste
under
RCRA
subtitle
C.
The
regulations
do
not
apply
to
underground
tanks
used
for
a
number
of
specific
applications
listed
in
the
applicability
and
definition
sections
of
the
rules.
The
owners
and
operators
of
petroleum
or
hazardous
substance
UST
systems
must
clean
up
any
spills,
leaks,
or
other
releases
from
the
tank
into
groundwater,
surface
water,
or
subsurface
soils.
Subpart
F
under
40
CFR
part
280
specifies
the
general
requirements
for
a
release
response
and
for
corrective
action.
The
specific
requirements
are
determined
based
on
the
site­
specific
circumstances.
In
cases
where
contamination
of
soil
or
groundwater
has
occurred,
the
site
remediation
may
proceed
according
to
a
corrective
action
plan
approved
by
the
EPA
or
the
designated
State
or
local
agency
responsible
for
implementing
the
UST
program
at
the
UST
site.
Under
the
subpart
F
requirements,
this
plan
must
provide
for
adequate
protection
of
human
health
and
the
environment
as
determined
by
the
site­
specific
factors
including
an
exposure
assessment.

G.
What
Criteria
Are
Used
in
the
Development
of
NESHAP?
Section
112
of
the
CAA
requires
that
we
establish
NESHAP
for
the
control
of
HAP
from
both
new
and
existing
sources.
The
CAA
requires
the
NESHAP
to
reflect
the
maximum
degree
of
reduction
in
emissions
of
HAP
that
is
achievable.
This
level
of
control
is
commonly
referred
to
as
MACT.
The
MACT
floor
is
the
minimum
control
level
allowed
for
NESHAP
and
is
defined
under
section
112(
d)(
3)
of
the
CAA.
In
essence,
the
MACT
floor
ensures
that
standards
are
set
at
levels
that
assure
that
all
major
sources
achieve
the
level
of
control
at
least
as
stringent
as
that
already
achieved
by
the
better­
controlled
and
lower­
emitting
sources
in
each
source
category
or
subcategory.
For
new
sources,
the
MACT
floor
cannot
be
less
stringent
than
the
emission
control
that
is
achieved
in
practice
by
the
bestcontrolled
similar
source.
The
MACT
standards
for
existing
sources
can
be
less
stringent
than
standards
for
new
sources,
but
they
cannot
be
less
stringent
than
the
average
emission
limitations
achieved
by
the
bestperforming
12
percent
of
existing
sources
in
the
category
or
subcategory
(or
the
best­
performing
5
sources
for
categories
or
subcategories
with
fewer
than
30
sources).
In
developing
MACT,
we
also
consider
control
options
that
are
more
stringent
than
the
floor.
We
may
establish
standards
more
stringent
than
the
floor
based
on
the
consideration
of
cost
of
achieving
the
emissions
reductions,
any
health
and
environmental
impacts,
and
energy
requirements.

II.
Summary
of
the
Proposed
Rule
The
proposed
rule
would
amend
title
40,
chapter
I,
part
63
of
the
Code
of
Federal
Regulations
by
adding
a
new
subpart
GGGGG—
National
Emission
Standards
for
Hazardous
Air
Pollutants
for
Site
Remediation.
The
following
is
a
summary
of
the
requirements
for
the
proposed
rule.

A.
Who
is
Affected
by
the
Proposed
Rule?

1.
General
Applicability
The
proposed
rule
would
affect
owners
and
operators
of
facilities,
with
certain
exceptions
described
below,
that
are
major
sources
of
HAP
emissions,
where
a
MACT
activity
is
also
conducted,
and
at
which
a
site
remediation
is
performed.
All
three
criteria
must
exist
for
the
rule
to
apply.
For
the
purpose
of
implementing
the
proposed
rule,
a
site
remediation
is
one
or
more
activities
or
processes
used
to
remove,
destroy,
degrade,
transform,
or
immobilize
organic
HAP
constituents
in
soils,
sediments,
groundwater,
surface
waters,
or
other
types
of
solid
or
liquid
environmental
media
as
well
as
pure
materials
that
are
not
mixed
with
environmental
media.

2.
Major
Source
Determination
A
major
source
of
HAP
is
defined
under
CAA
section
112
as
any
stationary
source
or
group
of
stationary
sources
located
within
a
contiguous
area
and
under
common
control
that
emits,
or
has
the
potential
to
emit,
any
single
HAP
at
a
rate
of
10
tons
or
more
per
year
or
any
combination
of
HAP
at
a
rate
of
25
tons
or
more
per
year.
In
determining
whether
or
not
your
facility
is
a
major
source,
you
would
consider
all
sources
of
HAP
emissions
or
potential
emissions
at
your
facility.
A
major
source
determination
includes
consideration
of
a
facility's
potential
to
emit
(PTE)
as
well
as
actual
emissions.
The
PTE
is
the
maximum
capacity
of
a
stationary
source
to
emit
under
its
physical
and
operational
design.
Any
physical
or
operational
limitations
on
the
source
to
emit
an
air
pollutant,
including
air
pollution
control
equipment
and
restrictions
on
hours
of
operation,
or
on
the
type
or
amount
of
material
combusted,
stored,
or
processed,
is
treated
as
part
of
the
source's
design
if
the
limitation
is
enforceable
by
the
EPA
Administrator.
There
are
a
number
of
tools
and
resources
available
to
assist
an
owner
or
operator
in
estimating
and
inventorying
their
facility's
or
source's
HAP
emissions.
For
example,
our
Air
Clearinghouse
for
Inventories
and
Emission
Factors
(CHIEF)
website
(www.
epa.
gov/
ttn/
chief/
software/
airchief)
provides
the
public
and
private
sector
users
access
to
air
emission
data
specific
to
estimating
the
types
and
quantities
of
pollutants
that
may
be
emitted
from
a
variety
of
sources.
For
those
sources
or
emission
points
most
typically
associated
with
site
remediation
activities
(such
as
tanks
and
surface
impoundments),
our
WATER9
computer
program
provides
an
analytical
model
for
estimating
compound
specific
air
emissions
from
waste
and
wastewater
collection,
storage,
and
treatment
systems.
For
additional
information
on
determining
if
your
source
is
a
major
source,
EPA
policy
memoranda
and
other
guidance
on
major
source
determinations
and
PTE
can
be
found
on
the
Internet
at
www.
epa.
gov/
ttn/
oarpg
under
``
OAR
Policy
and
Guidance
Information''
or
on
the
Air
Toxics
Website
at
www.
epa.
gov/
ttn/
atw/
pte/
ptepa
3.
MACT
Activity
A
``
MACT
activity''
is
defined
as
a
non­
remediation
activity
that
is
covered
by
one
of
the
listed
major
source
categories.
This
list
is
compiled
pursuant
to
CAA
section
112(
c)
and
was
first
published
on
July
16,
1992
(57
FR
31576).
The
list
is
updated
periodically
with
the
most
recent
update
published
in
the
Federal
Register
on
February
12,
2002
(67
FR
6521).
The
term
``
covered''
here
does
not
mean
that
the
nonremediation
activity
is
necessarily
subject
to
a
MACT
standard,
just
that
the
activity
is
included
within
the
scope
of
a
particular
MACT
source
category.

4.
Exemptions
The
proposed
rule
would
not
apply
to
site
remediations
we
are
specifically
excluding
from
applicability.

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Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
a.
CERCLA
Cleanups
and
RCRA
Corrective
Action
The
proposed
rule
exempts
sites
addressed
under
CERCLA
authority
and
corrective
action
activities
initiated
under
permits
or
orders,
including
such
activities
under
authorized
state
programs,
at
RCRA
Treatment,
Storage
and
Disposal
facilities.
Superfund
National
Priorities
List
(NPL)
sites
have
extensive
contamination
that
often
require
many
years
of
study
to
determine
a
permanent
remedy.
Superfund
sites
are
regulated
under
a
program
created
by
CERCLA
that
was
enacted
in
1980
and
amended
by
the
Superfund
Amendments
and
Reauthorization
Act
in
1986.
The
Superfund
program
is
designed
to
protect
public
health
and
the
environment
while
providing
the
flexibility
to
use
effective
and
innovative
remediation
approaches
that
best
suit
the
site­
specific
conditions
at
each
CERCLA
site
(CERCLA
section
121).
The
Superfund
program
conducts
extensive
evaluation
of
the
contamination
at
each
NPL
site
(see
40
CFR
300.430).
As
part
of
the
evaluation
process,
a
decision
document
(i.
e.,
Record
of
Decision
(ROD))
is
developed
for
response
actions,
documenting
the
extent
of
contamination
and
the
cleanup
method(
s)
to
be
used
at
the
site.
Under
this
process,
a
site­
specific
analysis,
considering
the
impacts
to
air,
soil
and
groundwater,
is
conducted
and
an
appropriate
remedy
is
selected.
During
the
ROD
process,
the
general
public
is
given
the
opportunity
for
input
in
the
decision­
making
process
through
public
hearings
and
submission
of
written
comments.
The
public
plays
an
important
role
in
identifying
and
characterizing
site­
specific
factors,
such
as
the
type
of
contaminants,
the
level
and
extent
of
contamination
and
other
site­
specific
factors.
We
believe
this
procedure
results
in
selection
of
the
best
plan
for
cleaning
up
each
site
and
achieving
the
program's
goals.
As
implemented
under
the
requirements
of
RCRA,
hazardous
waste
treatment,
storage
and
disposal
facilities
(TSDF)
must
obtain
a
permit
specifying
requirements
for
managing
hazardous
waste.
As
a
condition
of
obtaining
this
permit,
facilities
are
required
to
undertake
corrective
action
addressing
releases
of
hazardous
waste
and
hazardous
constituents
from
units
at
the
facility
which
do
not
themselves
require
RCRA
permits
(solid
waste
management
units)
(RCRA
section
3004(
u)).
For
such
designated
contamination
areas
at
TSDF,
requirements
for
the
cleanup
of
the
contamination
are
included
in
the
facility's
RCRA
permit,
or
Federal
Order
where
applicable.
Such
cleanup
activities
are
known
as
``
corrective
actions.
''
Although
RCRA
is
a
separate
program
from
Superfund,
the
RCRA
permitting
or
Federal
Order
process
for
TSDF
share
several
significant
characteristics
with
Superfund
cleanup
activities
at
NPL
sites.
First,
it
is
also
the
intent
of
the
RCRA
Corrective
Action
program
to
protect
public
health
and
the
environment
while
allowing
flexibility
in
choosing
solutions
to
eliminate
or
reduce
site
contamination.
Second,
RCRA
permitting
and
Federal
Order
procedures
involve
the
public
in
the
decision­
making
process
through
informal
public
meetings,
public
hearings
or
written
comment.
Finally,
an
extensive
site­
specific
evaluation
is
performed
at
the
RCRA
facility
to
evaluate
the
extent
of
the
contamination,
while
considering
appropriate
remedies
through
a
multimedia
(i.
e.,
air,
soil,
groundwater)
perspective.
We
believe
that
requiring
remediation
activities
at
Superfund
NPL
sites
and
at
permitted
or
Federal
Order
RCRA
corrective
action
sites
to
meet
the
requirements
of
this
proposed
rule
could
either
create
incentives
to
avoid
cleanup,
or
result
in
the
selection
of
a
remediation
approach
that
is
less
desirable,
protective
or
permanent
(e.
g.,
capping
or
containing
the
contaminated
media
instead
of
permanently
removing
or
treating
the
contaminants).
(Cf.
Louisiana
Environmental
Action
Network
v.
EPA,
172
F.
3d
65,
67,
70
(D.
C.
Cir.
1999)
(EPA
lacks
authority
in
many
instances
to
compel
excavation
of
wastes,
so
that
imposition
of
requirements
on
excavated
wastes
discourages
more
protective
remediations;
EPA
may
permissibly
adjust
rules
applicable
to
excavated
wastes
to
avoid
this
result.))
Furthermore,
we
believe
that
these
existing
programs
are
the
most
appropriate,
comprehensive
and
effective
regulatory
approach
to
address
air
emissions
resulting
from
site
remediation
activities
at
sites
addressed
using
CERCLA
authority
and
RCRA
corrective
action
sites
and
to
avoid
transfer
from
one
medium
to
another.

b.
Other
Exemptions
The
proposed
rule
would
not
apply
to
site
remediation
activities
involving
the
cleanup
of
radioactive
mixed
waste
managed
in
accordance
with
all
applicable
regulations
under
Atomic
Energy
Act
and
Nuclear
Waste
Policy
Act
authorities.
Another
applicability
exemption
is
provided
for
those
site
remediations
performed
to
clean
up
remediation
material
containing
little
or
no
organic
HAP.
The
proposed
rule
would
not
apply
to
any
facility
for
which
the
owner
or
operator
demonstrates
that
the
total
annual
organic
HAP
mass
content
of
the
remediation
material
to
be
cleaned
up
at
the
facility
is
less
than
one
Mg/
yr.

5.
Application
of
Once
In,
Always
In
Policy
Due
to
the
potential
short
term
nature
of
site
remediations,
we
have
evaluated
how
the
proposed
rule
fits
with
existing
policies
for
CAA
section
112
standards.
Our
current
policy
is
that
once
a
facility
or
source
is
subject
to
a
MACT
standard,
it
remains
subject
to
that
standard
as
long
as
the
affected
source
definition
or
criteria
are
met.
This
is
called
the
``
once
in,
always
in''
policy.
Because
of
the
uniqueness
of
this
source
category
and
the
nature
of
the
activities
that
are
being
regulated
in
the
proposed
rule,
we
have
evaluated
how
our
once
in,
always
in
policy
should
apply
relative
to
the
site
remediation
source
category.
The
existing
policy
may
affect
facilities
that
conduct
site
remediations
in
situations
where
a
facility
is
presently
an
area
source
and
the
remediation
activities
would
increase
the
total
facility
PTE
such
that
the
facility
exceeds
the
10/
25
tons
of
HAP
criteria
for
a
major
source
under
CAA
section
112.
Because
the
facility
is
now
considered
a
major
source
of
HAP,
another
operation
at
the
facility,
such
as
a
manufacturing
process,
would
now
be
subject
to
NESHAP
for
other
source
categories
located
at
their
facility.
Furthermore,
after
the
remediation
is
completed,
the
facility
would,
in
terms
of
emissions,
essentially
be
back
to
where
it
was
as
an
area
source
(assuming
no
change
in
the
facility
plant
operations).
Under
the
once
in,
always
in
policy,
the
facility
would
remain
subject
to
the
NESHAP
that
was
triggered
by
the
short­
term
change
of
source
status
from
area
to
major
brought
about
by
the
site
remediation
activity.
In
the
situation
described
above,
we
believe
the
once
in,
always
in
policy
would
create
an
obvious
disincentive
for
owners
or
operators
to
engage
in
site
remediations,
particularly
since
voluntary
remediation
would
be
affected
by
the
proposed
rule.
Our
intent
is
to
not
prescribe
requirements
that
create
incentives
to
avoid
a
cleanup
or
result
in
the
selection
of
less
desirable
or
less
protective
or
permanent
remediation
approaches.
Therefore,
we
have
determined
that
the
once
in,
always
in
policy
does
not
apply
relative
to
the
site
remediation
source
category
for
those
facilities
that
are
area
sources
prior
to
and
after
the
cleanup
activity.

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Federal
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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
The
above
application
of
the
once
in,
always
in
policy
to
site
remediation
activities
addresses
the
issue
of
a
facility's
MACT
obligation
after
completing
a
remediation
activity.
We
believe
a
situation
could
occur,
based
on
language
in
the
CAA,
that
this
policy
does
not
address.
Specifically,
certain
area
sources
for
non­
remediation
activities
could
become
major
sources
once
a
remediation
activity
begins
operation.
While
the
facility
would
have
no
MACT
obligation
(Site
Remediation
MACT
or
otherwise)
after
completing
all
remediation,
compliance
with
a
nonremediation
MACT
standard
may
be
required
due
to
the
increase
in
PTE
from
the
remediation
activity.
An
example
of
this
situation
would
be
an
area
source
chemical
processing
plant
not
currently
subject
to
the
Hazardous
Organic
NESHAP
(HON),
but
with
manufacturing
operations
covered
by
that
MACT
standard.
After
operating
for
many
years
as
an
area
source,
the
facility
initiates
a
remediation
operation
that
increases
its
PTE
to
major
source
levels.
Since
the
facility
is
now
a
major
source
of
HAP,
the
facility
would
have
to
comply
with
the
HON
for
the
operations
covered
by
that
MACT
standard.
Furthermore,
since
the
compliance
dates
for
the
various
processes
regulated
by
the
HON
have
all
passed,
any
controls
required
by
the
HON
would
have
to
be
in
place
at
the
time
the
facility
became
a
major
source
as
specified
by
the
HON.
Prior
to
commencing
the
remediation
activity,
the
facility
may
find
it
preferable
to
install
federally
enforceable
controls
on
certain
emission
points
and
maintain
area
source
status
to
avoid
becoming
subject
to
the
industry­
relevant
MACT
standard.
We
realize
this
option
is
not
achievable
in
every
case.

6.
Exemption
of
Short­
Duration
Site
Remediations
The
EPA
is
proposing
to
exempt
sources
from
the
requirements
of
the
proposed
rule
where
the
contamination
requiring
remediation
occurs
within
7
days
prior
to
the
remediation
activity.
This
exemption
is
intended
to
apply
to
contamination
commonly
caused
by
a
spill
where
the
cleanup
is
initiated
soon
after
the
spill
event
and
is
of
very
short
duration
(i.
e.,
typically
30
days
or
less).
The
purpose
of
this
exemption
is
to
encourage
prompt
attention
to
remediating
contaminant
spills
and
leakages.
Although
the
Agency
is
not
proposing
any
other
duration­
based
exemptions
in
the
proposed
rule,
it
is
possible
that
other
duration­
based
exemptions
may
be
appropriate
in
light
of
the
policy
goal
of
encouraging
voluntary
site
remediations
to
remove
risk
to
human
health
and
the
environment.
For
example,
there
may
be
some
site
remediations
that
can
be
completed
in
the
time
required
by
this
proposal
to
modify
relevant
permits;
it
may
make
sense
in
cases
like
this
to
complete
the
remediation
activity
as
quickly
as
possible
without
waiting
for
paperwork
modifications
to
be
completed.
The
Agency
requests
comment
on
which
situations,
if
any,
might
be
appropriate
for
further
duration­
based
exemptions
to
today's
proposed
rule.

B.
What
Are
the
Affected
Sources?
The
proposed
rule
defines
three
groups
of
affected
sources,
(1)
process
vents,
(2)
remediation
material
management
units,
and
(3)
equipment
leaks.
The
affected
source
for
process
vents
is
the
entire
group
of
process
vents
associated
with
both
in
situ
and
ex
situ
remediation
activities.
The
affected
source
for
remediation
material
management
units
is
the
entire
group
of
tanks,
surface
impoundments,
containers,
oil/
water
separators,
and
transfer
systems
used
to
store,
transfer,
treat,
or
otherwise
manage
remediation
material.
The
affected
source
for
equipment
leaks
is
the
entire
group
of
remediation
equipment
components
(pumps,
valves,
etc.)
that
contain
or
contact
remediation
material
having
a
total
organic
HAP
concentration
equal
to
or
greater
than
10
percent
by
weight,
and
are
intended
to
operate
for
300
hours
or
more
during
a
calendar
year.

C.
What
Are
the
Standards
for
Process
Vents?
The
proposed
rule
would
establish
emission
limitation
and
operating
standards
for
certain
process
vents
associated
with
site
remediation
treatment
processes.
The
same
standards
would
apply
to
both
in
situ
and
ex
situ
treatment
processes.
These
standards
would
apply
to
the
entire
group
of
affected
process
vents
associated
with
all
of
the
treatment
processes
used
for
your
site
remediation.
The
standards
would
be
the
same
for
existing
and
new
sources.
The
air
emission
control
requirements
under
the
proposed
rule
would
not
apply
to
certain
process
vent
streams
with
low
flow,
low
HAP
concentration
characteristics.
A
process
vent
would
be
exempted
from
the
air
emission
control
requirements
of
the
NESHAP
if
the
owner
or
operator
determines
the
process
vent
stream
flow
rate
to
be
less
than
0.005
standard
cubic
meters
per
minute.
Also
exempted
would
be
those
process
vent
streams
having
a
flow
rate
less
than
6.0
standard
cubic
meters
per
minute
and
a
total
HAP
concentration
in
the
vent
stream
less
than
20
parts
per
million
by
volume
(ppmv).
This
process
vent
exemption
requires
that
both
the
process
vent
flow
rate
and
the
organic
HAP
concentration
criteria
be
met
to
qualify
for
the
exemption.
A
process
vent
would
also
be
exempted
from
the
air
emission
control
requirements
if
the
HAP
concentration
of
the
remediation
material
being
treated
by
the
vented
process
is
less
than
10
parts
per
million
by
weight
(ppmw).
Under
the
proposed
rule,
you
would
have
two
compliance
options
for
the
affected
process
vents.
The
first
option
would
be
to
reduce
the
total
organic
HAP
emissions
from
all
affected
process
vents
at
the
facility
to
a
level
less
than
1.4
kilograms
per
hour
(kg/
h)
(approximately
3.0
pounds
per
hour)
and
2.8
Mg/
yr
(approximately
3.1
tpy).
You
would
have
to
achieve
both
of
these
mass
emission
limitations
to
comply
with
this
option
under
the
proposed
rule.
If
the
total
organic
HAP
emissions
from
all
affected
process
vents
associated
with
your
site
remediation
exceed
either
the
hourly
or
annual
mass
emission
limitation
then
you
would
need
to
use
appropriate
controls
to
reduce
the
emission
levels
to
comply
with
the
emission
limitations.
If
you
can
meet
both
of
the
total
organic
HAP
mass
emission
limitations
using
no
controls
or
the
existing
controls
you
already
have
in
place
to
meet
federally­
enforceable
organic
emission
standards,
then
no
additional
controls
would
be
required
under
the
proposed
rule
for
your
affected
process
vents.
As
an
alternative
to
complying
with
the
mass
emission
limits,
a
second
option
proposed
under
the
proposed
rule
would
be
to
reduce
the
total
organic
HAP
emissions
from
all
of
the
affected
process
vents
by
at
least
95
weight
percent.
At
sites
with
multiple
affected
process
vent
streams,
you
may
comply
with
this
option
by
a
combination
of
controlled
and
uncontrolled
process
vent
streams
that
achieve
the
95
percent
reduction
standard
on
an
overall
massweighted
average.
For
those
process
vent
streams
controlled
by
venting
to
a
control
device,
the
closed
vent
system
and
control
device
would
need
to
meet
certain
requirements
specified
in
the
proposed
rule.

D.
What
Are
the
Standards
for
Remediation
Material
Management
Units?
The
proposed
rule
would
establish
emissions
limitation
and
operating
standards
for
certain
remediation
management
units
(i.
e.,
units
associated
with
the
management
of
remediation
materials).
For
those
remediation
material
management
units
required
to
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Federal
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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
use
air
emission
controls,
the
proposed
rule
would
establish
by
source
type
(i.
e.,
tanks,
oil­
water
separators,
containers,
surface
impoundments,
transfer
systems)
separate
sets
of
emission
limitation,
operating
limit,
and
work
practice
standards
as
appropriate
for
each
source
type.
The
standards
would
be
the
same
for
existing
and
new
sources.
Air
emission
controls
would
be
required
on
a
remediation
material
management
unit
used
to
manage
remediation
material
having
an
organic
HAP
(VOHAP)
concentration
equal
to
or
greater
than
500
ppmw.
Remediation
material
with
a
VOHAP
concentration
of
less
than
500
ppmw
is
not
required
to
be
managed
in
controlled
units.
The
proposed
rule
also
provides
an
exemption
that
would
allow
an
owner
or
operator
to
selectively
designate,
on
a
site­
specific
basis,
certain
individual
units
to
be
exempt
from
the
air
emission
control
requirements
regardless
of
the
VOHAP
concentration
of
the
remediation
material
placed
in
the
unit.
Application
of
this
discretionary
exemption
by
the
owner
or
operator
would
be
limited
based
on
remediation
material
organic
HAP
content.
Under
this
provision,
the
total
annual
organic
HAP
mass
content
of
the
regulated
remediation
material
placed
in
all
of
the
units
designated
by
the
owner
or
operator
as
exempt
units
could
not
exceed
1
Mg/
yr
as
determined
in
accordance
with
the
procedures
specified
in
the
proposed
rule.
Determination
of
VOHAP
concentration
can
be
made
by
either
direct
measurement
of
samples
of
the
remediation
material
or
through
use
of
knowledge
of
the
remediation
material
(i.
e.,
application
of
owner/
operator
expertise
using
appropriate
information
regarding
the
remediation
material).
In
using
direct
measurement,
the
VOHAP
concentration
of
the
collected
samples
would
be
measured
using
Method
305
in
40
CFR
part
63,
appendix
A.
As
an
alternative
to
using
Method
305,
you
would
be
allowed
to
determine
the
organic
HAP
concentration
using
any
one
of
the
several
alternative
test
methods,
as
applicable
to
the
remediation
material
stream,
and
then
adjust
the
test
results
using
factors
specified
in
the
proposed
rule
to
determined
the
VOHAP
concentration.
The
VOHAP
determination
using
direct
measurement
for
a
given
remediation
material
unit
would
be
based
on
samples
collected
prior
to
placing
the
remediation
material
in
the
unit
at
any
point
you
choose
before
the
organic
constituents
in
the
material
have
the
potential
to
volatilize
and
be
released
to
the
atmosphere.
For
example,
you
may
sample
the
remediation
material
stream
at
the
point
where
it
is
extracted
from
the
ground
(``
point­
of­
extraction''
as
defined
in
the
proposed
rule).
Alternatively,
you
may
choose
to
sample
the
remediation
material
stream
within
the
remediation
material
unit
(provided
that
organic
constituents
in
the
material
have
not
been
allowed
to
volatilize
and
be
released
to
the
atmosphere,
as
specified
in
the
proposed
rule).
Allowing
the
use
of
knowledge
to
determine
the
VOHAP
concentration
of
a
remediation
material
provides
flexibility
for
the
owner
or
operator
to
use
any
appropriate
information
to
determine
VOHAP
concentration
of
a
remediation
material.
The
basis
for
knowledge
of
the
remediation
material
could
include
existing
information
collected
by
the
owner
or
operator
for
other
purposes
or
new
information
collected
specifically
for
the
VOHAP
remediation
material
determination.
For
remediation
material
management
units
downstream
of
the
contaminated
area
in
particular,
it
is
important
to
note
that
the
determination
of
the
VOHAP
concentration
is
made
within
each
remediation
material
management
unit.
This
approach
simplifies
the
determination
process
for
varying
treatment
processes
and
addresses
both
the
situation
of
management
of
a
single
remediation
stream
or
management
of
two
or
more
material
streams
combined
(either
remediation
or
non­
remediation,
or
both).
If
a
single
material
stream,
or
combination
of
streams,
have
a
VOHAP
concentration
of
500
ppmw
or
greater
in
the
management
unit,
then
the
unit
is
subject
to
the
air
emission
control
requirements
for
the
particular
unit
as
specified
in
the
proposed
rule.
Once
the
VOHAP
concentration
falls
below
the
500
ppmw
action
level,
the
material
need
not
be
managed
in
controlled
units.
If
the
HAP
concentration
is
increased
to
500
ppmw
or
more
in
a
downstream
unit,
that
unit
will
need
control.
For
example,
a
facility
remediation
project
involves
a
pump
and
treat
system
that
generates
groundwater
with
more
than
500
ppmw
VOHAP,
measured
as
it
exits
the
groundwater
pumping/
piping
system.
It
is
initially
pumped
into
a
holding
tank
managing
the
single
remediation
stream.
The
remediation
material,
the
groundwater
in
this
case,
has
a
VOHAP
concentration
greater
than
500
ppmw,
and,
therefore,
the
holding
tank
would
be
subject
to
the
tank
standards
under
the
proposed
rule.
From
the
holding
tank,
the
groundwater
is
sent
to
a
larger
mixing
tank
where
the
groundwater
is
mixed
with
other
wastewater
streams,
where
the
combined
VOHAP
concentration
is
less
than
500
ppmw,
and
the
resultant
mixture
is
treated
to
adjust
the
pH
of
the
mixture.
Because
the
VOHAP
concentration
of
the
combined
streams
is
below
500
ppmw,
the
mixing
tank
would
not
be
subject
to
the
tank
standards
under
the
proposed
rule.
Following
this
mixing
operation,
the
combined
wastewater
is
sent
to
an
onsite
wastewater
treatment
system.
Since
the
mixture
leaving
the
mixing
tank
has
a
VOHAP
concentration
of
less
than
500
ppmw,
all
downstream
processes
and
management
units
(e.
g.,
tanks,
surface
impoundments,
containers
or
transfer
systems)
would
not
be
subject
to
the
control
requirements
for
remediation
material
management
units
unless
the
concentration
is
increased
to
500
ppmw
or
greater
through
phase
separation
or
other
method.
In
general,
we
expect
remediation
streams
to
be
managed
separately
so
a
stream
would
be
managed
in
controlled
units
until
it
is
treated
to
reduce
the
concentration
below
500
ppmw.
We
believe,
however,
that
in
some
cases
a
remediation
stream
may
be
combined
with
one
or
more
streams
and
treated
downstream
from
the
mixing
point.
Mixing
merely
for
the
purposes
of
dilution
is
not
allowed,
but
if
mixing
occurs
to
facilitate
treatment
(i.
e.,
to
treat
all
streams
in
a
centralized
operation),
and
the
resulting
stream
has
a
VOHAP
concentration
below
500
ppmw,
then
that
stream
does
not
have
to
be
managed
in
controlled
units.
We
realize
this
approach
deviates
somewhat
from
other
rules
regulating
wastewater­
type
management
or
treatment
units
that
require
air
emission
controls
after
the
VOHAP
concentration
falls
below
500
ppmw
due
to
mixing.
For
site
remediation
operations,
this
is
an
appropriate
approach
since
we
believe
remediation
activities
are
typically
of
a
limited
duration,
relatively
low­
flow
in
comparison
to
facilitywide
wastewater
management
operations,
and
often
treated
effectively
in
a
facility­
wide
treatment
system.
We
do
not
want
to
create
obstacles
that
could
inhibit
overall
treatment
effectiveness.
Moreover,
we
believe
remediation
streams
would
get
some
level
of
HAP
reduction,
and,
thus,
emission
reduction,
through
biological
treatment
within
a
facility's
wastewater
treatment
system.

1.
Tanks
The
proposed
rule
would
establish
emission
limitation
and
work
practice
standards
to
control
organic
HAP
emissions
from
those
tanks
managing
remediation
material
having
an
average
VOHAP
concentration
equal
to
or
greater
than
the
500
ppmw
action
level.

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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
For
those
tanks
required
to
meet
the
air
emission
control
requirements,
you
would
need
to
achieve
one
of
two
levels
of
control.
The
required
level
of
control
would
be
determined
by
the
tank
design
capacity
and
the
maximum
HAP
vapor
pressure
of
the
extracted
material
in
the
tank.
For
each
tank
required
to
use
Level
1
controls,
you
would
be
required
to
comply
with
the
existing
40
CFR
part
63,
subpart
OO—
National
Emission
Standards
for
Tanks—
Level
1.
For
these
tanks,
you
could
also
comply
with
the
proposed
rule
by
using
Level
2
controls
if
you
choose
to
do
so.
For
each
tank
required
to
use
Level
2
controls,
you
would
have
five
compliance
options
under
the
proposed
rule.
The
compliance
alternatives
provided
under
the
proposed
rule
would
allow
you
to
either:
(1)
Use
a
fixed­
roof
tank
with
an
internal
floating
roof;
(2)
use
an
external
floating
roof
tank;
(3)
vent
the
tank
through
a
closed
vent
system
to
a
control
device
that
meets
the
requirements
specified
in
the
proposed
rule;
(4)
locate
an
open
tank
inside
an
enclosure
vented
through
a
closed­
vent
system
to
a
control
device
that
meets
the
requirements
specified
in
the
proposed
rule;
or
(5)
use
a
pressurized
tank
that
operates
as
a
closed
system
during
normal
operations.
The
specific
technical
requirements
for
each
of
these
alternatives
are
implemented
under
the
proposed
rule
by
cross­
referencing
the
existing
Tank
Level
2
control
standards
in
40
CFR
63.685(
d)
of
the
OSWRO
NESHAP.

2.
Containers
The
proposed
rule
would
establish
emission
limitation
and
work
practice
standards
to
control
organic
HAP
emissions
from
containers
having
a
design
capacity
greater
than
0.1
cubic
meters
(approximately
26
gallons)
used
to
manage
remediation
material
having
a
VOHAP
concentration
of
500
ppmw
or
more.
For
those
containers
required
to
use
air
emission
controls,
you
would
need
to
achieve
one
of
three
levels
of
control
that
would
be
determined
by
the
container
design
capacity,
the
organic
content
of
the
extracted
material
in
the
container,
and
whether
the
container
is
used
for
a
waste
stabilization
process.
You
would
be
required
to
comply
with
the
specified
requirements
for
the
applicable
control
level
in
the
existing
40
CFR
part
63,
subpart
PP—
National
Emission
Standards
for
Containers.
Except
for
containers
used
for
waste
stabilization,
these
standards
would
require
that
you
manage
the
extracted
material
in
containers
that
use
covers
according
to
the
requirements
specified
in
the
proposed
rule.
Should
affected
containers
be
used
for
a
waste
stabilization
process,
containers
would
be
required
to
be
vented
to
a
control
device.
Application
of
the
container
standards
and
the
various
levels
of
control
is
illustrated
in
the
following
example.
In
the
situation
where
contaminated
soil
(i.
e.,
the
remediation
material
in
this
case)
is
excavated
and
placed
in
a
dump
truck
(i.
e.,
a
container
under
the
definitions
used
in
the
proposed
rule),
the
truck
containing
the
soil
would
be
required
to
meet
Level
1
controls
if
the
VOHAP
concentration
is
equal
to
or
greater
than
500
ppmw
and
the
criteria
for
Level
2
controls
is
not
met.
If
this
were
the
case,
as
it
likely
would
be
in
most
remediation
situations,
then
a
cover
such
as
tarp
covering
the
remediation
material
would
be
adequate
to
meet
the
Level
1
control
requirements.
If
the
vapor
pressure
and
VOHAP
concentration
were
such
that
Level
2
controls
were
required
then
a
more
strenuous
set
of
controls
would
apply.

3.
Surface
Impoundments
For
each
surface
impoundment
required
to
use
air
emission
controls,
you
would
be
required
to
comply
with
the
existing
40
CFR
part
63,
subpart
QQ—
National
Emission
Standards
for
Surface
Impoundments.
Under
this
subpart,
you
must
meet
one
of
two
options:
(1)
Use
a
cover
over
the
surface
impoundment
and
vent
through
a
closed­
vent
system
to
a
control
device;
or
(2)
use
a
floating
membrane
cover
designed
and
operated
according
to
requirements
specified
in
the
proposed
rule.

4.
Oil­
Water
and
Organic­
Water
Separators
For
each
oil­
water
or
organic­
water
separator
required
to
use
air
emission
controls,
you
would
be
required
to
comply
with
the
existing
40
CFR
part
63,
subpart
VV—
National
Emission
Standards
for
Oil­
Water
and
OrganicWater
Separators.
Under
this
subpart,
you
must
meet
one
of
three
options:
(1)
Use
a
floating
roof
on
the
separator;
(2)
use
a
cover
over
the
separator
that
is
vented
through
a
closed­
vent
system
to
a
control
device;
or
(3)
use
a
pressurized
separator
designed
and
operated
according
to
requirements
specified
in
the
proposed
rule.

5.
Material
Transfer
Systems
For
each
individual
drain
system
required
to
use
air
emission
controls,
you
would
be
required
to
comply
with
the
existing
40
CFR
part
63,
subpart
RR—
National
Emission
Standards
for
Individual
Drain
Systems.
For
transfer
systems
required
to
use
air
emission
controls
other
than
individual
drain
systems,
you
would
be
required
to
comply
with
one
of
three
options:
(1)
Use
covers;
(2)
use
continuous
hardpiping
or
(3)
use
an
enclosure
vented
to
a
control
device.

E.
What
are
the
Standards
for
Equipment
Leaks?
The
proposed
rule
would
establish
work
practice
and
equipment
standards
to
control
organic
HAP
emissions
from
leaks
in
pumps,
compressors,
pressure
relief
devices,
sampling
connection
systems,
open­
ended
valves
or
lines,
valves,
flanges
and
other
connectors,
and
product
accumulator
vessels
that
either
contain
or
contact
a
regulated
material
that
is
a
fluid
(liquid
or
gas)
and
has
a
total
organic
HAP
concentration
equal
to
or
greater
than
10
percent
by
weight.
These
work
practice
and
equipment
standards
would
not
apply
to
equipment
that
operates
less
than
300
hours
per
calendar
year.
You
would
have
the
option
of
complying
with
the
provisions
of
either
40
CFR
part
63,
subpart
UU—
National
Emission
Standards
for
Equipment
Leaks—
Control
Level
1
or
40
CFR
part
63,
subpart
UU—
National
Emission
Standards
for
Equipment
Leaks—
Control
Level
2.
Both
of
these
subparts
require
you
to
implement
a
leak
detection
and
repair
program
(LDAR)
and
to
make
certain
equipment
modifications.

F.
What
Are
the
Requirements
for
Remediation
Material
Sent
Off­
Site?
Under
the
proposed
rule,
if
you
transfer
remediation
material
containing
organic
HAP
to
another
party,
another
facility,
or
receive
it
from
another
facility,
this
material
would
need
to
be
managed
according
to
the
provisions
of
this
subpart.
In
other
words,
if
the
material
has
a
VOHAP
concentration
of
500
ppmw
or
more,
as
determined
according
to
the
procedure
in
the
proposed
rule,
then
at
the
new
facility
this
material
would
need
to
be
managed
in
units
that
meet
the
air
emission
control
requirements
under
the
Site
Remediation
NESHAP
for
the
applicable
remediation
material
management
unit
type
(i.
e.,
tank,
containers,
etc.).
Similarly,
any
treatment
process
used
for
the
transferred
remediation
material
would
need
to
meet
the
process
vent
control
requirements.

G.
What
Are
the
General
Compliance
Requirements?
Under
the
proposed
rule,
you
would
be
required
to
meet
each
applicable
emission
limitation
and
work
practice
standard
in
the
proposed
rule
at
all
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Federal
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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
times,
except
during
periods
of
startup,
shutdown,
and
malfunction.
You
must
develop
and
implement
a
written
startup,
shutdown,
and
malfunction
plan
for
your
site
remediation
according
to
the
provisions
of
40
CFR
63.6(
e)(
3).
Also
with
regard
to
compliance,
it
is
important
to
note
that
under
the
provisions
of
the
proposed
rule,
if
an
affected
source
(i.
e.,
a
remediation
management
or
treatment
unit)
is
subject
to
and
complying
with
the
control
requirements
under
another
part
61
or
part
63
standard
(e.
g.,
has
either
installed
air
emission
controls
or
has
taken
other
actions
to
reduce
HAP
emissions
to
levels
dictated
by
the
other
part
61
or
part
63
standards)
then
the
affected
source
is
exempt
from
the
control
requirements
of
the
proposed
rule
in
40
CFR
63.7883
through
40
CFR
63.7933.
However,
the
source
must
be
controlling
air
emissions
under
the
other
rule;
the
exemption
under
the
proposed
rule
does
not
apply
if
the
source
is
merely
exempt
from
the
control
requirements
of
the
other
rule
and
has
not
taken
action
to
limit
HAP
emissions.

H.
What
Are
the
Testing
and
Initial
Compliance
Requirements?
Initial
compliance
for
process
vents
would
be
demonstrating
that
either:
(1)
The
total
organic
HAP
emissions
from
all
affected
process
vents
is
less
than
1.4
kg/
h
and
2.8
Mg/
yr;
or
(2)
the
total
organic
HAP
emissions
from
all
of
the
affected
process
vents
is
reduced
by
at
least
95
weight
percent.
Initial
compliance
for
remediation
material
units
would
be
demonstrating
that
either:
(1)
The
VOHAP
concentration
of
the
remediation
material
managed
in
the
unit
is
below
the
500
ppmw
action
level;
or
(2)
the
unit
meets
all
applicable
air
emission
control
requirements
for
the
unit.
If
a
control
device
is
used,
initial
compliance
is
determined
by
either:
(1)
Performing
a
performance
test
according
to
40
CFR
63.7
of
the
general
provisions
and
using
specific
EPA
reference
test
methods;
or
(2)
performing
a
design
evaluation
according
to
procedures
specified
in
the
proposed
rule.
You
also
must
establish
your
operating
limits
for
the
control
device
based
on
the
values
measured
during
the
performance
test
or
determined
by
the
design
evaluation.

I.
What
Are
the
Continuous
Compliance
Provisions?
To
demonstrate
continuous
compliance
with
the
applicable
emission
limitations
and
work
practice
standards
under
the
proposed
rule,
you
would
perform
periodic
inspections
and
continuous
monitoring
of
certain
types
of
air
pollution
control
equipment
you
use
to
comply
with
the
proposed
rule.
In
those
situations
when
a
deviation
from
the
operating
limits
specified
for
a
control
device
is
indicated
by
the
monitoring
system
or
when
a
damaged
or
defective
component
is
detected
during
an
inspection,
you
must
implement
the
appropriate
corrective
measures.
To
demonstrate
continuous
compliance
with
an
emission
limitation
for
a
given
source,
you
would
continuously
monitor
air
emissions
or
operating
parameters
appropriate
to
the
type
of
control
device
you
are
using
to
comply
with
the
standard,
and
keep
a
record
of
the
monitoring
data.
Compliance
is
demonstrated
by
maintaining
each
of
the
applicable
parameter
values
within
the
operating
limits
established
during
the
initial
compliance
demonstration
for
the
control
device.
There
are
different
requirements
for
demonstrating
continuous
compliance
with
the
work
practice
standards,
depending
on
which
standards
are
applicable
to
a
given
emission
source.
To
ensure
that
the
control
equipment
used
to
meet
an
applicable
work
practice
standard
is
properly
operated
and
maintained,
the
proposed
rule
would
require
that
you
periodically
inspect
and
monitor
this
equipment.
When
a
cover
is
used
to
comply
with
a
work
practice
standard,
you
must
visually
inspect
the
cover
periodically
and
keep
records
of
the
inspections.
In
addition,
for
external
floating
roofs,
seal
gap
measurements
must
be
performed
on
the
secondary
seal
once
per
year
and
on
the
primary
seal
every
5
years.
Leak
detection
monitoring
using
Method
21
would
be
required
for
certain
types
of
covers
to
ensure
gaskets
and
seals
are
in
good
condition,
and
for
closed­
vent
systems
to
ensure
all
fittings
remain
leak­
tight.
In
general,
annual
inspection
and
leak
detection
monitoring
of
covers
is
proposed.
Annual
inspection
and
leak
detection
monitoring
would
be
required
for
closed­
vent
systems.
Any
defects
or
conditions
causing
failures
detected
by
an
inspection
or
monitoring
need
to
be
promptly
repaired
and
records
of
the
repairs
kept.
You
would
be
allowed
to
use
an
alternative
to
the
monitoring
required
by
these
proposed
standards.
If
you
choose
to
do
so,
you
would
be
required
to
request
approval
for
alternative
monitoring
according
to
the
procedures
in
40
CFR
63.8
of
the
General
Provisions.
J.
What
Are
the
Notification,
Recordkeeping,
and
Reporting
Requirements?

The
proposed
rule
would
require
you
to
keep
records
and
file
reports
consistent
with
the
notification,
recordkeeping,
and
reporting
requirements
of
the
General
Provisions
of
40
CFR
part
63,
subpart
A.
Two
basic
types
of
reports
are
required:
initial
notification
and
semiannual
compliance
reports.
The
initial
notification
report
advises
the
regulatory
authority
of
applicability
for
existing
sources
or
of
construction
for
new
sources.
The
initial
compliance
report
demonstrates
that
compliance
has
been
achieved.
This
report
contains
the
results
of
the
initial
performance
test
or
design
evaluation,
which
includes
the
determination
of
the
reference
operating
parameter
values
or
range
and
a
list
of
the
processes
and
equipment
subject
to
the
standards.
Subsequent
compliance
reports
describe
any
deviations
of
monitored
parameters
from
reference
values;
failures
to
comply
with
the
startup,
shutdown,
and
malfunction
plan
(SSMP)
for
control
devices;
and
results
of
LDAR
monitoring
and
control
equipment
inspections.
Records
required
under
the
proposed
standards
must
be
kept
for
5
years,
with
at
least
2
of
these
years
being
on
the
facility
premises.
These
records
include
copies
of
all
reports
that
you
have
submitted
to
the
responsible
authority,
control
equipment
inspection
records,
and
monitoring
data
from
control
devices
demonstrating
that
operating
limits
are
being
maintained.
Records
from
the
LDAR
program
and
storage
vessel
inspections,
and
records
of
startups,
shutdowns,
and
malfunctions
of
each
control
device
are
needed
to
ensure
that
the
controls
in
place
are
continuing
to
be
effective.

K.
What
Are
the
Implications
of
This
NESHAP
for
Clean
Air
Act
Title
V
Requirements?

1.
What
is
the
title
V
Program?
This
program
is
a
permit
program
established
under
title
V
of
the
CAA
in
1990.
A
title
V
permit
is
intended
to
consolidate
all
of
the
air
pollution
control
requirements
into
a
single
operating
permit
for
a
source's
air
pollution
activities.
2.
Under
what
circumstances
am
I
required
to
obtain
a
title
V
permit
for
my
remediation
activity?
Title
V
requires
all
major
sources
to
obtain
permits
(see
40
CFR
70.3,
or
40
CFR
71.3).
Major
source
status
is
triggered
for
a
source
under
title
V
when
actual
emissions
or
potential
to
emit
meets
or
exceeds
certain
major
source
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Vol.
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No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
thresholds
(see
definition
of
major
source
at
40
CFR
70.2,
or
40
CFR
71.2).
Although
a
source
subject
to
the
Site
Remediation
MACT
will
be
major
for
title
V
purposes
based
on
emissions
of
HAP,
title
V
also
requires
permits
for
sources
that
are
major
for
other
air
pollutants,
(e.
g.,
the
criteria
pollutants).
Sources
that
are
subject
to
the
Site
Remediation
MACT,
by
virtue
of
being
major
sources,
will
typically
have
to
obtain
an
operating
permit,
if
they
don't
already
have
one,
or
modify
their
existing
permit
under
title
V
(either
40
CFR
part
70
or
71).
An
option
for
avoiding
major
source
status
under
title
V
for
some
sources
that
are
not
major
prior
to
the
remediation
activity
is
voluntarily
requesting
practicallyenforceable
limitations
(often
operation
or
emissions­
related)
to
reduce
their
potential
to
emit
or
actual
emissions
to
levels
below
the
major
source
thresholds.
This
option
should
be
pursued
through
your
permitting
authority.
3.
Who
is
responsible
for
obtaining
the
title
V
permit
for
a
remediation
activity?
Typically
the
party
responsible
for
obtaining
the
title
V
major
source
permit
will
be
either:
(1)
The
owner
or
operator
of
the
site
remediation
equipment
or
activities,
or
(2)
the
owner
or
operator
of
the
source
already
existing
at
the
facility
that
is
covered
by
another
MACT
source
category
activity
(the
other
collocated
source).
The
decision
as
to
who
should
apply
for
the
permit
in
any
specific
case
will
be
made
on
a
case­
by­
case
basis
(site­
dependent)
and
should
be
evaluated
in
consultation
with
the
permitting
authority,
however,
normal
practice
will
be
to
issue
the
permit
to
the
entity
that
has
common
control
of
all
activities
at
the
facility.
Under
the
definition
of
major
source
used
for
HAP
in
40
CFR
part
70
or
71,
all
activities
within
a
contiguous
area
under
common
control
will
be
aggregated
(grouped)
together
as
a
single
source
to
determine
major
source
status.
While
the
source
is
ultimately
responsible
for
making
these
determinations,
permitting
authorities
will
commonly
assist
sources
in
this
task.
Also
note
that
the
question
of
who
may
be
required
to
apply
for
the
permit
will
likely
be
affected
by
the
way
that
pre­
construction
review
permits
(also
referred
to
as
New
Source
Review
or
NSR
permits)
were
issued
to
such
sources.
Initial
NSR
permits
are
required
prior
to
the
commencement
of
construction
activities,
while
initial
title
V
operating
permits
are
required
generally
after
commencement
of
operations.
Thus,
permitting
authorities
are
likely
to
follow
decisions
made
in
issuing
NSR
permits
when
looking
at
this
question
for
title
V
purposes.
4.
If
I
already
have
a
title
V
permit,
is
a
modification
required
for
my
remediation
activity?
When
there
is
a
major
source
in
a
MACT
source
category
that
already
has
a
title
V
operating
permit,
and
a
site
remediation
activity
commences
operation
at
the
same
facility
and
all
activities
at
the
facility
are
considered
part
of
the
same
source
(i.
e.,
under
common
ownership
and
control),
permitting
authorities
will
require
the
previously
issued
operating
permit
to
either
be
reopened
or
revised
to
reflect
the
new
applicable
requirements
of
the
Site
Remediation
MACT.
Permit
reopening
under
40
CFR
70.7(
f),
or
40
CFR
71.7(
f),
is
required
when
a
major
source
has
a
permit,
there
are
3
years
or
more
left
on
the
term
of
the
permit,
and
we
promulgate
a
new
MACT
standard
(or
other
applicable
requirement)
that
applies
to
the
source.
For
such
sources,
if
less
than
3
years
is
left
on
the
permit
term,
the
State
may
generally
wait
until
renewal
to
update
the
permit.
On
the
other
hand,
modifications
under
40
CFR
70.7(
e),
or
40
CFR
71.7(
e),
are
required
when
a
source
has
a
permit
and
the
source
becomes
subject
to
the
MACT
standard
after
the
standard
is
promulgated
(in
most
cases,
these
will
be
significant
modifications
under
40
CFR
70.7(
e)(
4),
or
40
CFR
71.7(
e)(
3),
but
in
some
circumstances
other
permit
modification
procedures
may
apply).
5.
If
I
have
an
existing
title
V
permit,
do
I
have
to
wait
for
completion
of
the
permit
modification
before
I
begin
the
remediation
activity?
In
general,
when
site
remediation
activities
are
not
addressed
or
prohibited
by
your
existing
operating
permit,
you
may
commence
such
activities
at
any
time
prior
to
the
finalization
of
any
formal
title
V
permit
modification
procedures.
However,
when
permit
modification
is
required
due
to
a
new
remediation
activity
and
the
new
activity
conflicts
with
(or
is
expressly
prohibited
by)
the
existing
permit
terms
or
conditions,
the
permit
must
be
formally
revised
prior
to
commencing
operation
of
such
activities
or
you
will
be
in
violation
of
the
permit
prior
to
their
revision.
6.
The
increase
in
potential­
to­
emit
from
a
remediation
activity
will
make
my
facility
a
major
source
overall,
but
only
for
a
limited
time.
Am
I
required
to
get
a
title
V
permit?
What
activities
can
occur
before
my
title
V
permit
is
issued?
All
major
sources
are
required
by
40
CFR
70.5(
a)(
1),
or
40
CFR
71.5(
a)(
2)
to
submit
their
permit
application
no
later
than
12
months
after
they
commence
operation,
but
State
law
could
require
it
sooner.
After
that,
40
CFR
70.7(
a)(
2),
or
40
CFR
71.7(
a)(
2),
allows
permitting
authorities
up
to
18
months
to
issue
the
final
permit,
but
State
law
may
also
require
issuance
sooner.
Major
sources
that
expect
to
operate
for
12
months
or
more
obviously
must
submit
a
permit
application
in
all
cases.
Sources
that
expect
to
operate
less
than
12
months
(or
whatever
deadline
the
State
sets)
may
decide
not
to
prepare
a
permit
application,
at
the
risk
of
operating
past
that
deadline
without
submitting
the
required
application.
Also
note
that
policies
concerning
the
permitting
of
such
sources
may
vary
from
State
to
State;
so
it
is
also
a
good
idea
to
contact
your
permitting
authority
concerning
the
steps
necessary
to
fulfill
your
obligations
under
the
operating
permit
program.
7.
What
are
the
requirements
for
remediation
equipment
that
moves
from
one
facility
to
another
after
completing
each
remediation
activity?
Permitting
authorities
will
decide
how
to
permit
such
sources
on
a
caseby
case
basis,
taking
into
account
the
particular
circumstances
known
to
them
at
that
time.
Many
permitting
authorities
have
policies
or
specific
rules
to
address
the
permitting
of
portable
sources,
or
other
activities
of
short­
duration,
which
are
usually
those
expected
to
operate
less
than
1
or
2
years
at
any
one
location,
and
which
are
expected
to
operate
in
more
than
one
location
during
a
typical
5­
year
permit
term.
In
addition,
40
CFR
70.6(
e),
or
40
CFR
71.6(
e),
addressing
temporary
sources,
allows
permitting
authorities
to
issue
a
single
operating
permit
for
a
major
source
that
will
operate
in
multiple
locations
during
its
5­
year
permit
term.
8.
My
facility's
current
operations
are
covered
by
an
existing
title
V
permit,
do
I
have
the
option
of
obtaining
a
separate
title
V
permit
for
a
new
remediation
activity?
In
some
cases,
permitting
authorities
have
authority
to
issue
multiple
operating
permits
to
a
single
source,
and
if
this
is
the
case,
they
may
agree
to
issue
a
separate
permit
for
the
remediation
activities.
Although
title
V
permits
are
typically
thought
of
as
a
single
permit
that
covers
all
the
applicable
requirements
and
all
emissions
units
at
a
single
source,
the
CAA
allows
permitting
authorities
to
issue
multiple
permits
to
a
single
source.
Such
issuance
would
be
consistent
with
title
V
as
long
as
the
assemblage
of
permits
for
a
single
major
source
addresses
all
applicable
requirements
at
all
subject
emission
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Federal
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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
1
Connecticut,
Delaware,
Maine,
Maryland,
Massachusetts,
New
Hampshire,
New
Jersey,
New
York,
Pennsylvania,
Rhode
Island,
Vermont,
and
Washington,
DC.
units
(in
the
same
way
that
a
single
major
source
permit
would).

L.
What
Are
the
Implications
for
This
NESHAP
for
Clean
Air
Act
New
Source
Review
Requirements?

This
NESHAP
does
not
change
any
of
the
existing
requirements
under
the
NSR
program.
The
questions
and
answers
within
this
section
summarize
the
NSR
program
and
a
source's
general
requirements
under
this
program.
1.
How
is
the
NSR
program
structured?
The
NSR
program
is
divided
into
three
parts:
Nonattainment
NSR
for
major
sources,
Prevention
of
Significant
Deterioration
(PSD)
for
major
sources,
and
minor
source
NSR.
The
term
``
NSR''
is
used
to
refer
to
both
the
overall
program,
and
to
the
requirements
that
apply
in
nonattainment
areas
(e.
g.,
nonattainment
NSR).
Nonattainment
NSR
applies
to
large
facilities
(major
sources)
located
in
areas
where
air
quality
is
unhealthy
to
breathe
—i.
e.
where
the
NAAQS
for
a
CAA
pollutant
is
not
being
met.
These
areas
are
called
nonattainment
areas.

Note:
The
term
major
source
as
it
applies
to
the
NSR
program
is
discussed
in
detail
in
the
July
23,
1996
Federal
Register
(61
FR
38429)).
Nonattainment
NSR
for
major
sources
of
certain
pollutants
also
applies
in
the
federally
designated
ozone
transport
region
(OTR),
which
consists
of
eleven
northeastern
states.
1
Prevention
of
significant
deterioration
(PSD)
applies
to
major
sources
located
in
areas
where
air
quality
is
currently
acceptable—
i.
e.
where
the
NAAQS
for
a
CAA
pollutant
is
being
met.
These
are
called
attainment
areas.
Minor
NSR
applies
to
smaller
sources
and
modifications
that
contribute
to
air
pollution
throughout
the
country.
2.
Who
runs
the
NSR
and
PSD
programs?
The
NSR
program
is
administered
by
State
and
local
air
pollution
permitting
authorities,
who
are
responsible
for
issuing
all
permits.
Each
state
or
local
permitting
authority
is
required
to
incorporate
NSR
and
PSD
requirements
into
its
State
Implementation
Plan
(SIP),
which
is
the
State's
plan
to
ensure
progress
toward,
or
maintenance
of,
attainment
of
all
NAAQS.
A
State's
PSD
program
may
be
SIP­
approved
or
delegated.
If
the
State
designs
its
own
program,
EPA
may
approve
it
so
long
as
it
meets
the
criteria
listed
in
Federal
PSD
regulations.
Otherwise,
the
State
may
take
delegation
of
the
Federal
PSD
program,
as
it
is
written
in
the
Federal
PSD
regulations.
A
State's
nonattainment
NSR
program
must
be
a
SIP­
approved
program
meeting
the
criteria
listed
in
Federal
NSR
regulations.
3.
Who
is
subject
to
major
NSR
and
PSD
requirements?
No
one
may
begin
constructing
a
new
major
stationary
source
or
undertake
a
major
modification
at
an
existing
stationary
source
without
obtaining
an
NSR
or
PSD
permit
from
the
permitting
authority.
The
new
major
source
would
not
need
an
NSR
or
PSD
permit
unless
it
had
new
potential
emissions
that
qualify
as
major.
Moreover,
an
existing
major
source
that
undertakes
a
major
modification
is
subject
to
NSR
or
PSD
only
if
there
is
a
significant
increase
in
emissions.
4.
Do
sources
always
need
an
NSR
permit
for
a
construction
project?
Sources
may
avoid
major
NSR
or
PSD
altogether
by
not
increasing
their
emissions
(e.
g.,
by
making
changes
that
do
not
increase
emissions,
by
installing
controls
on
one
part
of
the
facility
to
offset
increases
at
another
part
of
the
facility,
or
by
agreeing
to
emission
limits
in
their
permit).
Alternatively,
facilities
may
comply
with
NSR
by
including
modern
controls
in
conjunction
with
an
upgrade
project
or
a
new
facility.
5.
How
long
does
the
process
take
to
complete?
The
EPA
estimates
that
the
average
time
it
takes
to
get
a
major
NSR
or
PSD
permit
is
about
7
months
from
receipt
of
the
permit
application.
6.
When
NSR
or
PSD
applies,
what
must
sources
do?

a.
Major
Nonattainment
NSR
in
Nonattainment
Areas
New
and
existing
major
sources
undertaking
major
modifications
subject
to
nonattainment
NSR
must
apply
state
of
the
art
emission
controls
that
meet
the
lowest
achievable
emissions
rate
(referred
to
as
LAER).
The
LAER
is
based
on
the
most
stringent
emission
limitation
in
any
State's
SIP,
or
achieved
in
practice
by
the
source
category
under
review.
To
get
a
permit,
the
applicant
must
also
offset
its
emission
increase
by
securing
emissions
reductions
offsets
from
other
sources
in
the
area.
The
amount
of
the
offset
must
be
as
great
or
greater
than
the
new
increase,
and
is
based
on
the
severity
of
the
area's
nonattainment
classification.
The
more
polluted
the
air
is
where
the
source
is
locating
or
expanding,
the
greater
the
emissions
reductions
required
to
offset
the
proposed
increase.
Offsets
must
be
real
reductions
in
emissions,
not
otherwise
required
by
the
CAA,
and
must
be
enforceable
by
the
EPA.
Each
applicant
must
also
conduct
an
analysis
of
``
alternative
sites,
sizes,
production
processes,
and
environmental
control
techniques
*
*
*
(that)
demonstrates
that
benefits
of
the
proposed
source
significantly
outweigh
the
environmental
and
social
costs
of
its
location,
construction,
or
modification.
''
The
applicant
must
also
certify
that
all
other
sources
operating
within
the
State
are
operating
in
compliance
with
the
CAA
and
SIP
requirements.
Finally,
the
public
must
be
given
adequate
notice
and
opportunity
to
comment
on
each
permit
application.

b.
Prevention
of
Significant
Deterioration
in
Attainment
Areas
New
major
sources
and
existing
sources
that
undertake
major
modifications
that
are
subject
to
PSD
must
apply
best
available
control
technology
(BACT).
The
BACT
determination
ultimately
made
by
the
permitting
authority
allows
for
a
consideration
of
energy,
environmental,
and
economic
impacts
and
other
costs
on
a
case­
by­
case
basis
that
is
specific
to
the
facility's
situation.
The
permitting
authority
then
specifies
an
emission
limit
for
the
source
that
represents
BACT.
Each
PSD
applicant
must
also
perform
an
air
quality
analysis
to
demonstrate
that
the
new
emission
increase
will
not
cause
or
contribute
to
a
violation
of
any
applicable
NAAQS
or
result
in
a
significant
deterioration
of
the
air
quality.
Finally,
each
applicant
must
also
conduct
an
analysis
to
ensure
that
the
increase
does
not
result
in
adverse
impact
on
air
quality
related
values,
including
visibility,
that
affect
designated
Class
I
areas,
such
as
wilderness
areas
and
national
parks.

c.
Minor
NSR
For
sources
not
otherwise
covered
by
major
PSD
or
NSR,
the
CAA
requires
permitting
authorities
to
regulate
construction
and
modifications
to
ensure
that
the
NAAQS
are
achieved.
State
programs
have
widely
varying
requirements.
Some
are
comprehensive,
while
others
provide
numerous
exclusions.
Some
require
a
technology
review,
in
addition
to
air
quality
modeling.

III.
Rationale
for
Selecting
the
Proposed
Standards
A.
What
Is
the
Scope
of
the
Source
Category
To
Be
Regulated?

As
we
discussed
in
section
I.
A
of
this
preamble,
site
remediation
is
one
of
the
approximately
170
categories
of
sources
included
on
the
NESHAP
source
category
list.
The
facilities
included
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Proposed
Rules
within
the
scope
of
this
source
category
include
sites
at
which
the
cleanup
is
required
to
comply
with
requirements
under
a
State
regulatory
program
as
well
as
sites
at
which
cleanups
are
performed
on
a
voluntary
basis.
In
section
II.
A
of
this
preamble,
we
discuss
how
statutory
directives
under
RCRA
and
CERCLA
direct
us
to
address
the
control
of
air
emissions
from
certain
site
remediations
and
that
those
activities
under
the
RCRA
Corrective
Action
and
CERCLA
authorities
are
exempt
from
the
requirements
of
the
proposed
rule.

B.
How
Did
We
Select
the
Pollutants
To
Be
Regulated?
The
specific
chemicals,
compounds,
or
groups
of
compounds
designated
by
Congress
to
be
HAP
are
listed
in
CAA
section
112(
b).
Included
on
the
list
are
organic
and
inorganic
chemicals.
From
this
list
of
HAP,
we
selected
the
specific
HAP
to
be
regulated
under
this
NESHAP
for
site
remediations.

1.
Organic
HAP
Organic
HAP
potentially
can
be
emitted
from
site
remediations
at
many
different
types
of
facilities.
We
considered
but
decided
not
to
select
all
of
the
organic
HAP
listed
under
section
112(
b)
for
regulation
in
the
Site
Remediation
NESHAP.
Instead,
we
decided
to
be
consistent
with
the
approach
we
used
for
the
OSWRO
NESHAP
as
well
as
other
NESHAP
promulgated
for
source
categories
with
large
diversity
in
the
organic
chemical
constituents
present
in
the
materials
managed
at
any
given
facility
and
instead
regulate
on
the
basis
of
a
surrogate
that
reasonably
ensures
MACT
control
of
the
organic
HAP
present.
See
National
Lime
v.
EPA,
238
F.
3d,
(D.
C.
Cir.
2000,
upholding
use
of
surrogates
in
establishing
MACT
standards).
When
we
developed
the
organic
HAP
list
for
the
OSWRO
NESHAP,
we
evaluated
each
organic
chemical
or
chemical
group
listed
as
a
HAP
in
CAA
section
112(
b)
with
respect
to
its
potential
to
be
emitted
from
a
waste
management
or
recovery
operation.
The
criteria
used
to
characterize
and
evaluate
emission
potential
was
based
on
a
chemical
constituent's
Henry's
law
constant,
evaluation
of
the
aqueous
and
organic
volatility
characteristics
of
the
chemical,
and
the
ability
of
the
analytical
test
methods
to
quantitate
the
chemical.
Based
on
our
evaluation,
we
selected
98
specific
organic
HAP
compounds
or
compound
groups
to
be
regulated
under
the
proposed
rule
(Table
1
to
40
CFR
part
63,
subpart
DD.).
Although
the
OSWRO
NESHAP,
by
an
exclusion
under
the
rule
applicability,
does
not
apply
to
units
managing
wastes
from
site
remediations,
the
data
base
that
we
used
to
select
the
list
of
organic
HAP
for
the
OSWRO
NESHAP
included
remediation
wastes
sent
to
hazardous
waste
TSDF.
We
believe
that
this
data
base
is
also
representative
of
the
range
of
organic
HAP
chemicals
having
the
potential
to
be
emitted
from
the
sites
requiring
cleanup
of
media
contaminated
with
volatile
or
semivolatile
organics
and
other
remediation
material.
Therefore,
we
are
proposing
that
same
list
of
organic
HAP
used
for
the
OSWRO
NESHAP
also
be
used
for
the
Site
Remediation
NESHAP.
This
list
is
presented
in
Table
1
to
proposed
Subpart
GGGGG.
We
request
comment
on
the
proposal
to
use
this
list
of
organic
HAP
for
the
Site
Remediation
NESHAP.

2.
Inorganic
HAP
The
types
of
inorganic
compounds
listed
as
HAP
in
CAA
section
112(
b)
that
are
most
likely
to
be
in
contaminated
media
requiring
remediation
are
heavy
metals
(i.
e.,
antimony,
arsenic,
beryllium,
cadmium,
chromium
cobalt,
lead,
manganese,
mercury,
nickel,
and
selenium).
A
widely
used
remediation
approach
for
cleanup
of
soils,
sludges,
or
sediments
contaminated
with
heavy
metals
involves
excavating
the
contaminated
media,
treating
the
remediation
material
in
a
solidification
or
stabilization
process,
and
disposing
of
the
treated
material
in
an
appropriate
landfill
(which
may
be
on­
site
or
an
off­
site
facility).
Metals
in
the
contaminated
soil
are
immobilized
by
the
added
binder
material
used
for
the
fixation
process.
In
situations
where
groundwater
is
contaminated
with
heavy
metals,
site
remediation
typically
involves
extracting
the
groundwater
by
pumping
it
to
the
surface
and
then
removing
the
metals
by
a
physical
or
chemical
process
(e.
g.,
precipitation,
ion
exchange).
The
metals
remain
in
the
wet
precipitate
or
other
extraction
media
and
are
not
released
to
the
atmosphere.
For
some
site
remediations
involving
the
cleanup
of
media
containing
both
metals
and
organic
contaminates,
the
extracted
remediation
waste
is
burned
in
an
incinerator
or
other
combustion
device.
Metal
HAP
contained
in
the
remediation
waste
vaporize
at
high
combustion
temperatures
or
become
airborne
as
fine
particles
and
can
remain
in
combustion
gases
in
either
a
gaseous
or
particulate
form.
Any
metal
HAP
contained
in
the
combustion
gases
that
is
not
captured
and
removed
by
a
control
device
is
emitted
to
the
atmosphere.
Based
on
our
information
regarding
the
cleanup
of
media
contaminated
with
metals
or
other
inorganic
HAP,
many
of
the
remediation
techniques
used
do
not
release
the
inorganic
HAP
to
the
atmosphere.
In
cases
where
remediation
material
containing
inorganic
HAP
is
burned
in
an
incinerator,
the
incinerator
used
must
already
meet
air
standards
under
the
CAA
and
RCRA
that
limit
organic,
particulate
matter,
metals,
and
chloride
emissions.
(See,
e.
g.
40
CFR
part
263,
subpart
EEE
(MACT
standards
for
hazardous
waste
combustion
sources).)
Therefore,
we
are
proposing
that
metals
and
other
inorganic
compounds
listed
as
HAP
in
CAA
section
112(
b)
not
be
regulated
by
this
Site
Remediation
NESHAP.
We
are
specifically
requesting
comment
on
this
proposal
and,
in
particular,
would
appreciate
receiving
data
regarding
the
sources
and
quantity
of
inorganic
HAP
emissions
from
site
remediations
and
available
control
technologies
applicable
to
the
sources
in
order
to
either
support
or
revise
our
decision
not
to
regulate
inorganic
HAP
emissions
under
this
NESHAP.

C.
How
Did
We
Select
the
Affected
Source
To
Be
Regulated?
For
the
purpose
of
implementing
a
NESHAP
under
40
CFR
part
63,
``
affected
source''
is
defined
to
mean
the
stationary
source,
or
portion
of
a
stationary
source
that
is
regulated
by
a
relevant
standard
or
other
requirement
established
pursuant
to
section
112
of
the
CAA.
Each
relevant
standard
is
to
designate
the
affected
source
for
the
purposes
of
that
standard.
Within
a
source
category,
we
must
decide
which
of
the
sources
of
HAP
emissions
(i.
e.,
emission
points
or
groupings
of
emission
points)
to
which
the
proposed
rule
applies.
One
option
for
the
Site
Remediation
NESHAP
is
to
define
the
affected
source
as
the
entire
set
of
activities
performed
for
a
given
site
remediation
such
as
the
cleanup
of
contaminated
soil
or
the
cleanup
of
contaminated
groundwater.
The
affected
source
would
consist
of
the
mix
of
emission
points
for
the
sequence
of
activities
in
which
the
contaminated
media
or
other
remediation
material
is
extracted
(if
needed),
stored,
conveyed,
treated,
or,
otherwise
handled
at
the
facility.
Under
this
broad
definition
option,
a
separate
emission
limitation
for
MACT
would
be
determined
for
the
entire
group
of
emission
points
associated
with
a
site
remediation
to
clean
up
the
contaminated
soil.
Another
emission
limitation
for
MACT
would
be
determined
for
the
entire
group
of
emission
points
associated
with
a
site
remediation
to
clean
up
the
contaminated
groundwater.
Unlike
the
NESHAP
source
categories
that
can
be
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Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
readily
characterized
by
one
or
several
standardized
process
configurations
which
are
used
throughout
the
industrial
segment
representing
the
source
category,
the
operations
used
for
all
contaminated
soil
or
contaminated
groundwater
remediations
cannot.
The
activities,
equipment
configurations,
and
sequencing
of
operations
used
are
not
consistent
from
site
remediation
to
site
remediation.
Therefore,
we
concluded
that
this
option
is
not
an
appropriate
approach
for
defining
the
affected
sources
for
the
Site
Remediation
NESHAP.
Another
option
we
considered
is
to
define
the
affected
source
in
terms
of
common
groupings
of
processes
and
equipment
used
for
management
and
cleanup
of
contaminated
media
and
other
remediation
materials
(i.
e.,
tanks,
containers,
process
vents,
and
equipment
leaks).
Under
this
option,
MACT
is
determined
for
each
emission
source
group.
We
believe
that
this
option
is
an
appropriate
way
to
define
the
affected
source
for
the
Site
Remediation
NESHAP.
Designating
the
affected
source
to
be
a
group
of
similar
emission
point
types
ensures
that
air
emission
controls
of
equivalent
performance
are
applied
at
the
same
time
to
all
of
the
units
used
to
manage
a
remediation
material
stream.
Also,
this
approach
to
defining
sources
is
consistent
with
other
NESHAP
for
related
waste
management
operations
(e.
g.,
the
OSWRO
NESHAP).
Therefore,
for
the
Site
Remediation
NESHAP,
we
determined
separate
MACT
for
common
groups
of
emission
point
sources.
The
first
group
of
common
emission
points
designated
to
be
an
affected
source
for
the
Site
Remediation
NESHAP
is
the
group
of
pipes,
stacks,
or
ducts
that
allow
the
passage
of
gases,
vapors,
or
fumes
containing
organic
HAP
to
the
atmosphere
from
any
treatment
process
used
at
the
facility
to
remove,
destroy,
or
otherwise
transform
the
hazardous
substances
in
remediation
material.
These
pipes,
stacks,
and
ducts
are
collectively
referred
to
as
process
vents
in
the
proposed
rule.
The
process
vent
may
be
either
associated
with
an
in
situ
process
(e.
g.,
soil
vapor
extraction
used
to
treat
contaminated
soil)
or
ex
situ
process
(e.
g.,
air
stripper
used
to
treat
contaminated
ground
water,
or
thermal
desorption
unit
used
to
treat
contaminated
soil).
For
the
purposes
of
applying
the
standards,
a
process
vent
is
neither
a
vent
that
operates
as
a
safety
device
nor
a
stack
or
duct
used
to
exhaust
combustion
products
from
a
boiler,
furnace,
incinerator,
or
other
enclosed
combustion
device
that
is
being
used
to
treat
a
remediation
waste
or
material.
If
these
combustion
devices
are
being
used
as
an
air
pollution
control
device
to
control
air
emissions
then
the
vent
could
be
subject
to
the
standards.
The
next
group
of
common
emission
points
designated
to
be
an
affected
source
for
the
Site
Remediation
NESHAP
is
the
group
of
units
used
at
the
facility
which
handle,
temporarily
store,
or
otherwise
manage
the
remediation
material
once
it
has
been
extracted
from
the
ground.
This
group
of
sources
includes
units
that
treat
extracted
contaminated
media
but
do
not
use
a
process
vent
(e.
g.,
a
tank
used
for
biological
degradation
treatment
of
contaminated
groundwater).
These
units
are
tanks,
containers,
surface
impoundments,
oil­
water
and
organicwater
separators,
individual
drain
systems,
and
other
stationary
transfer
or
conveyance.
The
units
regulated
under
this
affected
source
designation
are
collectively
referred
to
as
remediation
material
management
units
in
the
propose
rule.
A
third
group
of
common
emission
points
designated
to
be
an
affected
source
for
the
Site
Remediation
NESHAP
is
the
group
of
equipment
components
prone
to
emitting
organic
HAP
as
a
result
of
liquid
or
vapor
leaks.
This
group
of
equipment
consists
of
pumps,
compressors,
agitators,
pressure
relief
devices,
sampling
connection
systems,
open­
ended
valves
and
lines,
valves,
connectors,
and
instrumentation
systems
that
contain
or
contact
remediation
material
once
it
has
been
extracted
from
the
ground.
We
have
identified
two
other
types
of
remediation
activities
that
may
emit
organic
HAP
but
do
not
belong
in
any
of
the
above
three
affected
source
groups.
These
activities
are
the
excavation
of
contaminated
soil
and
land
treatment
process
for
contaminated
soils,
sediments,
and
sludges.
Excavation
of
contaminated
soil
involves
the
use
of
heavy
machinery
to
dig
up
the
soil.
The
excavated
material
is
then
either
placed
directly
into
dump
trucks
for
transport
offsite
or
moved
to
another
location
at
the
facility
for
storage
or
treatment.
Land
treatment
processes
are
open
biodegradation
processes
in
which
the
contaminated
soil,
sediment,
or
sludge
is
excavated,
re­
applied
in
shallow
layers
on
the
ground
surface,
and
periodically
turned
over
or
tilled
to
aerate
the
applied
material.
The
organic
contaminants
are
neutralized,
destroyed
or
transformed
by
biological
actions
of
microbes
in
the
materials.
Our
information
indicates
that
there
are
no
add­
on
controls
currently
in
use
to
control
organic
emissions
from
these
activities,
nor
are
we
aware
of
any
practical
work
practices
or
process
modification
that
can
be
implemented
to
reduce
organic
HAP
emissions
from
these
activities.
Therefore,
we
are
proposing
not
to
develop
standards
under
this
NESHAP
for
either
excavation
operations
or
land
treatment
activities.
We
specifically
request
comment
on
the
technical
and
practical
feasibility
of
controlling
HAP
emissions
from
these
remediation
activities,
actual
HAP
emissions
rates
that
occur,
and
the
costs
of
applying
any
applicable
controls.

D.
How
Did
We
Determine
MACT
for
the
Affected
Sources?
Section
112(
d)(
3)
of
the
CAA
specifies
that
the
MACT
standards
for
existing
sources
cannot
be
less
stringent
than
the
average
emission
limitation
achieved
by
the
best­
performing
12
percent
of
existing
sources
for
categories
and
subcategories
with
30
or
more
sources.
There
are
many
more
than
30
site
remediations
being
conducted
nationwide.
Therefore,
the
MACT
floor
for
existing
sources
at
site
remediations
is
established
by
the
best­
performing
12
percent
of
existing
sources.
We
reviewed
our
information
for
site
remediations
to
find
an
approach
for
identifying
the
best­
performing
12
percent
of
existing
sources,
arraying
the
data
for
each
category
of
emission
point.
Our
data
includes
individual
existing
sites
where
remediation
activities
use
add­
on
air
emission
controls
(e.
g.,
venting
air
strippers
through
carbon
adsorbers,
management
of
remediation
wastes
in
covered
tanks).
However,
there
are
remediation
sites
in
our
data
base
at
which
no
air
emission
controls
are
used.
The
use
of
air
emission
controls
at
a
given
location
depends
on
a
combination
of
factors
including,
but
not
limited
to,
the
type
and
extent
of
contamination
requiring
cleanup,
the
nature
of
the
site
remediation
activities
used
for
the
cleanup,
and
the
requirements
imposed
by
the
agency
having
oversight
of
the
site
remediation.
Determining
a
MACT
floor
based
on
use
of
control
measures
other
than
addon
controls
(e.
g.,
fuel
switching,
material
substitution
or
reformulation,
process
modification,
material
recycling
within
the
process)
is
not
technically
appropriate
for,
or
applicable
to,
the
site
remediation
source
category.
This
source
category
addresses
HAP
emissions
that
are
released
from
the
cleanup
of
pre­
existing
environmental
contamination
problems.
By
the
time
the
need
for
site
remediation
has
been
identified,
the
opportunity
has
passed
for
applying
any
pollution
prevention
or
source
reduction
techniques.

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

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

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

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

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

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

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

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

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

C.
What
Are
the
Economic
Impacts?

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

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

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

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Proposed
Rules
or
loan
programs,
or
the
rights
and
obligations
of
recipients
thereof;
or
(4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
It
has
been
determined
that
the
proposed
rule
is
not
a
``
significant
regulatory
action''
under
the
terms
of
Executive
Order
12866
and
is,
therefore,
not
subject
to
OMB
review.

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

C.
Executive
Order
13175,
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(65
FR
67249,
November
6,
2000),
requires
the
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.
''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.
''
Under
section
5(
b)
of
Executive
Order
13175,
EPA
may
not
issue
a
regulation
that
has
tribal
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
tribal
governments,
or
EPA
consults
with
tribal
officials
early
in
the
process
of
developing
the
proposed
regulation.
Under
section
5(
c)
of
Executive
Order
13175,
EPA
may
not
issue
a
regulation
that
has
tribal
implications
and
that
preempts
tribal
law,
unless
the
Agency
consults
with
tribal
officials
early
in
the
process
of
developing
the
proposed
regulation.
The
EPA
has
concluded
that
the
proposed
rule
may
have
tribal
implications
since
site
remediation
activities
could
be
conducted
on
tribal
lands.
We
do
not
have
any
information
identifying
specific
remediation
activities
being
conducted
at
this
time.
However,
it
will
neither
impose
substantial
direct
compliance
costs
on
tribal
governments,
nor
preempt
State
law.
Thus,
the
requirements
of
sections
5(
b)
and
5(
c)
of
the
Executive
Order
do
not
apply
to
the
proposed
rule.
Consistent
with
EPA
policy,
EPA
nonetheless
has
made
attempts
to
invite
tribal
representatives
to
participate
in
the
rulemaking
activities
early
in
the
process
of
developing
this
proposed
rule
to
permit
them
to
have
meaningful
and
timely
input
into
its
development.
We
have
contacted
tribal
representatives
and
groups
directly
to
notify
them
of
this
proposed
rule
development
activity
and
to
solicit
their
participation.
Despite
these
efforts,
EPA
has
not
been
contacted
by
tribal
representatives
to
participate
in
the
rulemaking
process
to
date.
In
the
spirit
of
Executive
Order
13175,
and
consistent
with
EPA
policy
to
promote
communications
between
EPA
and
tribal
governments,
EPA
specifically
solicits
comment
on
the
proposed
rule
from
tribal
officials.
D.
Executive
Order
13045,
Protection
of
Children
From
Environmental
Health
Risks
and
Safety
Risks
Executive
Order
13045
(62
FR
19885,
April
23,
1997)
applies
to
any
rule
that:
(1)
is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(2)
concerns
an
environmental
health
or
safety
risk
that
the
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
EPA
must
evaluate
the
environmental
health
or
safety
effects
of
the
proposed
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
EPA.
The
EPA
interprets
Executive
Order
13045
as
applying
only
to
those
regulatory
actions
that
are
based
on
health
or
safety
risks,
such
that
the
analysis
required
under
section
5–
501
of
the
Executive
Order
has
the
potential
to
influence
the
regulation.
The
proposed
rule
is
not
subject
to
Executive
Order
13045
because
it
is
based
on
technology
performance
and
not
on
health
or
safety
risks.
No
children's
risk
analysis
was
performed
because
no
alternative
technologies
exist
that
would
provide
greater
stringency
at
a
reasonable
cost.
Furthermore,
the
proposed
rule
has
been
determined
not
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866.

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

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

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

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

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

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

Dated:
July
3,
2002.
Christine
Todd
Whitman,
Administrator.
For
the
reasons
stated
in
the
preamble,
title
40,
chapter
I,
part
63,
of
the
Code
of
the
Federal
Regulations
is
proposed
to
be
amended
as
follows:

PART
63—[
AMENDED]

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

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

2.
Part
63
is
amended
by
adding
subpart
GGGGG
to
read
as
follows:

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

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

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

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

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

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

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

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

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

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/
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30,
2002
/
Proposed
Rules
(1)
Your
facility
is
an
area
source;
or
(2)
A
MACT
activity
is
not
performed
at
your
facility;
or
(3)
You
are
not
conducting
a
remediation
activity
at
your
facility;
or
(4)
You
do
not
have
an
affected
source
involved
in
any
remediation
activity
conducted
at
the
facility;
or
(5)
Your
facility
is
a
research
and
development
facility,
consistent
with
section
112(
b)(
7)
of
the
CAA.
(6)
The
remediation
is
performed
under
the
authority
of
the
Comprehensive
Environmental
Response
and
Compensation
Liability
Act.
(7)
Your
remediation
activity
is
a
corrective
action:
(i)
At
a
Resource
Conservation
and
Recovery
Act
(RCRA)
Treatment,
Storage
and
Disposal
facility
(TSDF)
permitted
either
by
the
U.
S.
Environmental
Protection
Agency
(EPA)
or
under
a
state
program
authorized
by
EPA
under
RCRA
section
3006;
(ii)
At
an
interim
status
TSDF
conducted
under
an
order
imposed
by
EPA
or
a
state
program
authorized
for
corrective
action
under
RCRA
section
3006;
or
(iii)
at
any
facility
as
required
by
orders
authorized
under
RCRA
section
7003.
(f)
You
are
not
subject
to
the
requirements
of
this
subpart,
except
for
the
recordkeeping
requirements
in
§
63.7933,
if
all
remediation
activities
at
your
facility
subject
to
this
subpart
are
completed
and
you
have
notified
the
Administrator
in
writing
that
all
remediation
activities
subject
to
this
subpart
are
completed.
All
future
remediation
activity
meeting
the
applicability
criteria
in
paragraph
(b)
of
this
section
must
comply
with
the
requirements
of
this
subpart.

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

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

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

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

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

(a)
You
must
meet
each
emissions
limitation
for
process
vent
affected
sources
in
Table
2
of
this
subpart
that
applies
to
you.
(b)
You
must
meet
each
emissions
limitation
for
remediation
material
management
unit
affected
sources
in
Table
3
of
this
subpart
that
applies
to
you.
(c)
You
must
meet
each
operating
limit
in
Table
4
of
this
subpart
that
applies
to
you.
In
lieu
of
the
operating
limits
in
Table
4
of
this
subpart,
you
may
choose
to
establish
an
operating
limit
based
on
total
organic
or
HAP
emissions
concentration
using
a
continuous
emissions
monitoring
system
(CEMS).
In
this
case,
the
average
outlet
total
organic
or
HAP
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Proposed
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concentration
in
any
24­
hour
period
must
not
exceed
the
average
concentration
established
during
the
performance
test
(see
§
63.7913(
f)).
(d)
You
must
meet
each
work
practice
standard
in
Table
5
of
this
subpart
that
applies
to
you.
(e)
As
provided
in
§
63.6(
g),
you
may
request
approval
from
the
EPA
to
use
an
alternative
to
the
work
practice
standards
in
this
section.
If
you
apply
for
permission
to
use
an
alternative
to
the
work
practice
standards
in
this
section,
you
must
submit
the
information
described
in
§
63.6(
g)(
2).

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

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

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

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

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

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

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

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

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

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

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

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

R
E
E
E
V
i
n
o
n
i
n
=
 
×
j=
j=

j=
 
 
 
1
1
1
100
(Eq.
4)

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

R
E
E
E
cd
i
o
i
=
 
×
100
(Eq.
5)

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

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

Where:

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

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

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

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

C
C
X
TOC
ji
n
x
=
i=

i=
 
 
1
1
(Eq.
8)

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

C
C
O
c
m
=
 
 
 
 
 
 
9
2d
17.9

20.%
(Eq.
9)

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

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

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

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

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

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

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49428
Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
(c)
You
may
not
use
data
recorded
during
monitoring
malfunctions,
associated
repairs,
out
of
control
periods
and
required
quality
assurance
or
control
activities
in
data
averages
and
calculations
used
to
report
emissions
or
operating
levels,
nor
may
such
data
be
used
in
fulfilling
a
minimum
data
availability
requirement,
if
applicable.
You
must
use
all
the
data
collected
during
all
other
periods
in
assessing
the
operation
of
the
control
device
and
associated
control
system.

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

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

§
63.7931
What
reports
must
I
submit
and
when?

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

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operating
limit)
and
for
each
deviation
from
the
requirements
for
work
practice
standards
in
Table
11
of
this
subpart
that
occurs
at
an
affected
source
where
you
are
not
using
a
CMS
to
comply
with
the
emissions
limitations
or
work
practice
standards
in
this
subpart,
the
compliance
report
must
contain
the
information
in
(c)(
1)
through
(4)
of
this
section,
and
paragraphs
(d)(
1)
and
(2)
of
this
section.
This
includes
periods
of
startup,
shutdown,
and
malfunction.
(1)
The
total
operating
time
of
each
affected
source
during
the
reporting
period.
(2)
Information
on
the
number,
duration,
and
cause
of
deviations
(including
unknown
cause,
if
applicable),
as
applicable,
and
the
action
taken
to
correct
the
cause
of
the
deviation.
(e)
For
each
deviation
from
an
emissions
limitation
(emissions
limit,
operating
limit)
occurring
at
an
affected
source
where
you
are
using
a
CMS
in
accordance
with
the
monitoring
plan
of
§
63.7900
to
comply
with
the
emissions
limitation
in
this
subpart,
you
must
include
the
information
in
paragraphs
(c)(
1)
through
(4),
and
paragraphs
(e)(
1)
through
(12)
of
this
section.
This
includes
periods
of
startup,
shutdown,
and
malfunction.
(1)
The
date
and
time
that
each
malfunction
started
and
stopped.
(2)
The
date
and
time
that
each
CMS
was
inoperative,
except
for
zero
lowlevel
and
high­
level
checks.
(3)
The
date,
time
and
duration
that
each
CMS
was
out­
of­
control,
including
the
information
in
§
63.8(
c)(
8).
(4)
The
date
and
time
that
each
deviation
started
and
stopped,
and
whether
each
deviation
occurred
during
a
period
of
startup,
shutdown,
or
malfunction
or
during
another
period.
(5)
A
summary
of
the
total
duration
of
the
deviation
during
the
reporting
period
and
the
total
duration
as
a
percent
of
the
total
source
operating
time
during
that
reporting
period.
(6)
A
breakdown
of
the
total
duration
of
the
deviations
during
the
reporting
period
into
those
that
are
due
to
startup,
shutdown,
control
equipment
problems,
process
problems,
other
known
causes,
and
other
unknown
causes.
(7)
A
summary
of
the
total
duration
of
CMS
downtime
during
the
reporting
period
and
the
total
duration
of
CMS
downtime
as
a
percent
of
the
total
source
operating
time
during
that
reporting
period.
(8)
An
identification
of
each
hazardous
air
pollutant
that
was
monitored
at
the
affected
source.
(9)
A
brief
description
of
the
process
units.
(10)
A
brief
description
of
the
CMS.
(11)
The
date
of
the
latest
CMS
certification
or
audit.
(12)
A
description
of
any
changes
in
CMS,
processes,
or
controls
since
the
last
reporting
period.
(f)
Each
affected
source
that
has
obtained
a
title
V
operating
permit
pursuant
to
40
CFR
part
70
or
40
CFR
part
71
must
report
all
deviations
as
defined
in
this
subpart
in
the
semiannual
monitoring
report
required
by
40
CFR
70.6(
a)(
3)(
iii)(
A)
or
40
CFR
71.6(
a)(
3)(
iii)(
A).
If
an
affected
source
submits
a
compliance
report
pursuant
to
Table
12
of
this
subpart
along
with,
or
as
part
of,
the
semiannual
monitoring
report
required
by
40
CFR
70.6(
a)(
3)(
iii)(
A)
or
40
CFR
71.6(
a)(
3)(
iii)(
A),
and
the
compliance
report
includes
all
required
information
concerning
deviations
from
any
emissions
limitation(
including
any
operating
limit),
or
work
practice
requirement
in
this
subpart,
submission
of
the
compliance
report
must
be
deemed
to
satisfy
any
obligation
to
report
the
same
deviations
in
the
semiannual
monitoring
report.
However,
submission
of
a
compliance
report
must
not
otherwise
affect
any
obligation
the
affected
source
may
have
to
report
deviations
from
permit
requirements
to
the
permit
authority.

§
63.7932
What
records
must
I
keep?

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

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

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

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

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

§
63.7941
Who
implements
and
enforces
this
subpart?

(a)
This
subpart
can
be
implemented
and
enforced
by
us,
the
EPA,
or
a
delegated
authority
such
as
your
State,
local,
or
tribal
agency.
If
the
EPA
Administrator
has
delegated
authority
to
your
State,
local,
or
tribal
agency,
then
that
agency,
in
addition
to
the
EPA,
has
the
authority
to
implement
and
enforce
this
subpart.
You
should
contact
your
EPA
Regional
Office
(see
list
in
§
63.13)
to
find
out
if
this
subpart
is
delegated
to
your
State,
local,
or
tribal
agency.
(b)
In
delegating
implementation
and
enforcement
authority
of
this
Subpart
to
a
State,
local,
or
tribal
agency
under
section
40
CFR
part
63,
Subpart
E,
the
authorities
contained
in
paragraph
(c)
of
this
section
are
retained
by
the
Administrator
of
EPA
and
are
not
transferred
to
the
State,
local,
or
tribal
agency.
(c)
The
authorities
that
cannot
be
delegated
to
State,
local,
or
tribal
agencies
are
as
follows.
(1)
Approval
of
alternatives
to
the
non­
opacity
emissions
limitations
and
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Vol.
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30,
2002
/
Proposed
Rules
work
practice
standards
in
§
63.7890(
a)
through
(d)
under
§
63.6(
g).
(2)
Approval
of
major
changes
to
test
methods
under
§
63.7(
e)(
2)(
ii)
and
(f)
and
as
defined
in
§
63.90.
(3)
Approval
of
major
changes
to
monitoring
under
§
63.8(
f)
and
as
defined
in
§
63.90.
(4)
Approval
of
major
changes
to
recordkeeping
and
reporting
under
§
63.10(
f)
and
as
defined
in
§
63.90.

§
63.7942
What
definitions
apply
to
this
subpart?

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

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

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Vol.
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No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
Soil
means
unconsolidated
earth
material
composing
the
superficial
geologic
strata
(material
overlying
bedrock),
consisting
of
clay,
silt,
sand,
or
gravel
size
particles
(sizes
as
classified
by
the
U.
S.
Soil
Conservation
Service),
or
a
mixture
of
such
materials
with
liquids,
sludges,
or
solids
which
is
inseparable
by
simple
mechanical
removal
processes
and
is
made
up
primarily
of
soil.
Solvent
extraction
means
an
operation
or
method
of
separation
in
which
a
solid
or
solution
is
contacted
with
a
liquid
solvent
(the
two
being
mutually
insoluble)
to
preferentially
dissolve
and
transfer
one
or
more
components
into
the
solvent.
Stabilization
process
means
any
physical
or
chemical
process
used
to
either
reduce
the
mobility
of
contaminants
in
media
or
eliminate
free
liquids
as
determined
by
Test
Method
9095—
Paint
Filter
Liquids
Test
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
No.
SW–
846,
Third
Edition,
September
1986,
as
amended
by
Update
I,
November
15,
1992.
(As
an
alternative,
you
may
use
any
more
recent,
updated
version
of
Method
9095
approved
by
the
EPA).
A
stabilization
process
includes
mixing
remediation
material
with
binders
or
other
materials,
and
curing
the
resulting
remediation
material
and
binder
mixture.
Other
synonymous
terms
used
to
refer
to
this
process
are
fixation
or
solidification.
A
stabilization
process
does
not
include
the
adding
of
absorbent
materials
to
the
surface
of
remediation
material,
without
mixing,
agitation,
or
subsequent
curing,
to
absorb
free
liquid.
Surface
impoundment
means
a
unit
that
is
a
natural
topographical
depression,
man­
made
excavation,
or
diked
area
formed
primarily
of
earthen
materials
(although
it
may
be
lined
with
man­
made
materials),
which
is
designed
to
hold
an
accumulation
of
liquids.
Examples
of
surface
impoundments
include
holding,
storage,
settling,
and
aeration
pits,
ponds,
and
lagoons.
Tank
means
a
stationary
unit
that
is
constructed
primarily
of
nonearthen
materials
(such
as
wood,
concrete,
steel,
fiberglass,
or
plastic)
which
provide
structural
support
and
is
designed
to
hold
an
accumulation
of
liquids
or
other
materials.
Temperature
monitoring
device
means
a
piece
of
equipment
used
to
monitor
temperature
and
having
an
accuracy
of
±
1
percent
of
the
temperature
being
monitored
expressed
in
degrees
Celsius
(
C)
or
±
1.2
degrees
°
C,
whichever
value
is
greater.
Transfer
system
means
a
stationary
system
for
which
the
predominant
function
is
to
convey
liquids
or
solid
materials
from
one
point
to
another
point
within
waste
management
operation
or
recovery
operation.
For
the
purpose
of
this
subpart,
the
conveyance
of
material
using
a
container
(as
defined
of
this
subpart)
or
self­
propelled
vehicle
(e.
g.,
a
front­
end
loader)
is
not
a
transfer
system.
Examples
of
a
transfer
system
include
but
are
not
limited
to
a
pipeline,
an
individual
drain
system,
a
gravityoperated
conveyor
(such
as
a
chute),
and
a
mechanically­
powered
conveyor
(such
as
a
belt
or
screw
conveyor).
Treatment
process
means
a
process
in
which
remediation
material
is
physically,
chemically,
thermally,
or
biologically
treated
to
destroy,
degrade,
or
remove
hazardous
air
pollutants
contained
in
the
material.
A
treatment
process
can
be
composed
of
a
single
unit
(e.
g.,
a
steam
stripper)
or
a
series
of
units
(e.
g.,
a
wastewater
treatment
system).
A
treatment
process
can
be
used
to
treat
one
or
more
remediation
material
streams
at
the
same
time.
Vapor­
mounted
seal
means
a
continuous
seal
that
is
mounted
such
that
there
is
a
vapor
space
between
the
liquid
in
the
unit
and
the
bottom
of
the
seal.
Volatile
organic
hazardous
air
pollutant
concentration
or
VOHAP
concentration
means
the
fraction
by
weight
of
the
HAP
listed
in
Table
1
of
this
subpart
that
are
contained
in
the
remediation
material
as
measured
using
Method
305,
40
CFR
part
63,
appendix
A
and
expressed
in
terms
of
parts
per
million
(ppm).
As
an
alternative
to
using
Method
305,
40
CFR
part
63,
appendix
A,
you
may
determine
the
HAP
concentration
of
the
remediation
material
using
any
one
of
the
other
test
methods
specified
in
§
63.694(
b)(
2)(
ii).
When
a
test
method
specified
in
§
63.694(
b)(
2)(
ii)
other
than
Method
305
in
appendix
A
of
this
part
is
used
to
determine
the
speciated
HAP
concentration
of
the
contaminated
material,
the
individual
compound
concentration
may
be
adjusted
by
the
corresponding
fm305
listed
in
Table
1
of
this
subpart
to
determine
a
VOHAP
concentration.
Work
practice
standard
means
any
design,
equipment,
work
practice,
or
operational
standard,
or
combination
thereof,
that
is
promulgated
pursuant
to
section
112(
h)
of
the
CAA.
As
stated
in
§§
63.7882
(c)(
1)(
i)
and
(ii),
(c)(
2),
(c)(
3)(
i)
through
(iii);
63.7912(
a)(
3)(
ii),
(g)(
3)(
ii),
(h);
and
63.7942;
you
must
use
the
information
in
the
following
table
to
determine
the
total
annual
HAP
quantity
in
the
extracted
remediation
material
at
the
facility:

TABLE
1
TO
SUBPART
GGGGG
OF
PART
63—
HAZARDOUS
AIR
POLLUTANTS
CAS
No.
a
Compound
Name
fm
305
75070
.........................................
Acetaldehyde
.................................................................................................................................
1.000
75058
.........................................
Acetonitrile
.....................................................................................................................................
0.989
98862
.........................................
Acetophenone
................................................................................................................................
0.314
107028
.......................................
Acrolein
..........................................................................................................................................
1.000
107131
.......................................
Acrylonitrile
....................................................................................................................................
0.999
107051
.......................................
Allyl
chloride
...................................................................................................................................
1.000
71432
.........................................
Benzene
(includes
benzene
in
gasoline)
......................................................................................
1.000
98077
.........................................
Benzotrichloride
(isomers
and
mixture)
.........................................................................................
0.958
100447
.......................................
Benzyl
chloride
..............................................................................................................................
1.000
92524
.........................................
Biphenyl
.........................................................................................................................................
0.864
542881
.......................................
Bis(
chloromethyl)
ether
b
..................................................................................................................
0.999
75252
.........................................
Bromoform
.....................................................................................................................................
0.998
106990
.......................................
1,3­
Butadiene
.................................................................................................................................
1.000
75150
.........................................
Carbon
disulfide
.............................................................................................................................
1.000
56235
.........................................
Carbon
Tetrachloride
.....................................................................................................................
1.000
43581
.........................................
Carbonyl
sulfide
.............................................................................................................................
1.000
133904
.......................................
Chloramben
...................................................................................................................................
0.633
108907
.......................................
Chlorobenzene
...............................................................................................................................
1.000
67663
.........................................
Chloroform
.....................................................................................................................................
1.000
107302
.......................................
Chloromethyl
methyl
ether
b
...........................................................................................................
1.000
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No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
1
TO
SUBPART
GGGGG
OF
PART
63—
HAZARDOUS
AIR
POLLUTANTS—
Continued
CAS
No.
a
Compound
Name
fm
305
126998
.......................................
Chloroprene
...................................................................................................................................
1.000
98828
.........................................
Cumene
.........................................................................................................................................
1.000
94757
.........................................
2,4­
D,
salts
and
esters
..................................................................................................................
0.167
334883
.......................................
Diazomethane
c
...............................................................................................................................
0.999
132649
.......................................
Dibenzofurans
................................................................................................................................
0.967
96128
.........................................
1,2­
Dibromo­
3­
chloropropane
........................................................................................................
1.000
106467
.......................................
1,4­
Dichlorobenzene(
p)
.................................................................................................................
1.000
107062
.......................................
Dichloroethane
(Ethylene
dichloride)
.............................................................................................
1.000
111444
.......................................
Dichloroethyl
ether
(Bis(
2­
chloroethyl
ether)
.................................................................................
0.757
542756
.......................................
1,3­
Dichloropropene
......................................................................................................................
1.000
79447
.........................................
Dimethyl
carbamoyl
chloride
c
........................................................................................................
0.150
57147
.........................................
1,1­
Dimethyl
hydrazine.
64675
.........................................
Diethyl
sulfate
................................................................................................................................
0.0025
77781
.........................................
Dimethyl
sulfate
.............................................................................................................................
0.086
121697
.......................................
N,
N­
Dimethylaniline
.......................................................................................................................
0.0008
51285
.........................................
2,4­
Dinitrophenol
............................................................................................................................
0.0077
121142
.......................................
2,4­
Dinitrotoluene
...........................................................................................................................
0.0848
123911
.......................................
1,4­
Dioxane
(1,4­
Diethyleneoxide)
................................................................................................
0.869
106898
.......................................
Epichlorohydrin
(1­
Chloro­
2,3­
epoxypropane)
...............................................................................
0.939
106887
.......................................
1,2­
Epoxybutane
............................................................................................................................
1.000
140885
.......................................
Ethyl
acrylate
.................................................................................................................................
1.000
100414
.......................................
Ethyl
benzene
................................................................................................................................
1.000
75003
.........................................
Ethyl
chloride
(Chloroethane)
........................................................................................................
1.000
106934
.......................................
Ethylene
dibromide
(Dibromoethane)
............................................................................................
0.999
107062
.......................................
Ethylene
dichloride
(1,2­
Dichloroethane)
......................................................................................
1.000
151564
.......................................
Ethylene
imine
(Aziridine)
..............................................................................................................
0.867
75218
.........................................
Ethylene
oxide
...............................................................................................................................
1.000
75343
.........................................
Ethylidene
dichloride
(1,1­
Dichloroethane)
....................................................................................
Glycol
ethers
d
that
have
a
Henry's
Law
constant
value
equal
to
or
greater
than
0.1
Y/
X(
1.8
X
10–
6
atm/
gm­
mole/
m
3
)
at
25
C.
1.000
[e]

118741
.......................................
Hexachlorobenzene
.......................................................................................................................
0.97
87683
.........................................
Hexachlorobutadiene
.....................................................................................................................
0.88
67721
.........................................
Hexachloroethane
..........................................................................................................................
0.499
110543
.......................................
Hexane
...........................................................................................................................................
1.000
78591
.........................................
Isophorone
.....................................................................................................................................
0.506
58899
.........................................
Lindane
(all
isomers)
.....................................................................................................................
1.000
67561
.........................................
Methanol
........................................................................................................................................
0.855
74839
.........................................
Methyl
bromide
(Bromomethane)
..................................................................................................
1.000
74873
.........................................
Methyl
chloride
(Choromethane)
...................................................................................................
1.000
71556
.........................................
Methyl
chloroform
(1,1,1­
Trichloroethane)
....................................................................................
1.000
78933
.........................................
Methyl
ethyl
ketone
(2­
Butanone)
.................................................................................................
0.990
74884
.........................................
Methyl
iodide
(Iodomethane)
.........................................................................................................
1.000
108101
.......................................
Methyl
isobutyl
ketone
(Hexone)
...................................................................................................
0.979
624839
.......................................
Methyl
isocyanate
..........................................................................................................................
1.000
80626
.........................................
Methyl
methacrylate
.......................................................................................................................
0.999
1634044
.....................................
Methyl
tert
butyl
ether
....................................................................................................................
1.000
75092
.........................................
Methylene
chloride
(Dichloromethane)
..........................................................................................
1.000
91203
.........................................
Naphthalene
...................................................................................................................................
0.994
98953
.........................................
Nitrobenzene
..................................................................................................................................
0.394
79469
.........................................
2­
Nitropropane
...............................................................................................................................
0.989
82688
.........................................
Pentachloronitrobenzene
(Quintobenzene)
...................................................................................
0.839
87865
.........................................
Pentachlorophenol
.........................................................................................................................
0.0898
75445
.........................................
Phosgene
c
......................................................................................................................................
1.000
123386
.......................................
Propionaldehyde
............................................................................................................................
0.999
78875
.........................................
Propylene
dichloride
(1,2­
Dichloropropane)
..................................................................................
1.000
75569
.........................................
Propylene
oxide
.............................................................................................................................
1.000
75558
.........................................
1,2­
Propylenimine
(2­
Methyl
aziridine)
..........................................................................................
0.945
100425
.......................................
Styrene
...........................................................................................................................................
1.000
96093
.........................................
Styrene
oxide
.................................................................................................................................
0.830
79345
.........................................
1,1,2,2­
Tetrachloroethane
..............................................................................................................
0.999
127184
.......................................
Tetrachloroethylene
(Perchloroethylene)
.......................................................................................
1.000
108883
.......................................
Toluene
..........................................................................................................................................
1.000
95534
.........................................
o­
Toluidine
.....................................................................................................................................
0.152
120821
.......................................
1,2,4­
Trichlorobenzene
..................................................................................................................
1.000
71556
.........................................
1,1,1­
Trichloroethane
(Methyl
chlorform)
......................................................................................
1.000
79005
.........................................
1,1,2­
Trichloroethane
(Vinyl
trichloride)
.........................................................................................
1.000
79016
.........................................
Trichloroethylene
...........................................................................................................................
1.000
95954
.........................................
2,4,5­
Trichlorophenol
.....................................................................................................................
0.108
88062
.........................................
2,4,6­
Trichlorophenol
.....................................................................................................................
0.132
121448
.......................................
Triethylamine
.................................................................................................................................
1.000
540841
.......................................
2,2,4­
Trimethylpentane
..................................................................................................................
1.000
108054
.......................................
Vinyl
acetate
..................................................................................................................................
1.000
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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
1
TO
SUBPART
GGGGG
OF
PART
63—
HAZARDOUS
AIR
POLLUTANTS—
Continued
CAS
No.
a
Compound
Name
fm
305
593602
.......................................
Vinyl
bromide
.................................................................................................................................
1.000
75014
.........................................
Vinyl
chloride
.................................................................................................................................
1.000
75354
.........................................
Vinylidene
chloride
(1,1­
Dichloroethylene)
....................................................................................
1.000
1330207
.....................................
Xylenes
(isomers
and
mixture)
......................................................................................................
1.000
95476
.........................................
o­
Xylenes
.......................................................................................................................................
1.000
108383
.......................................
m­
Xylenes
......................................................................................................................................
1.000
106423
.......................................
p­
Xylenes
.......................................................................................................................................
1.000
Notes:
fm
305
=
Fraction
measure
factor
in
Method
305,
40
CFR
part
63,
appendix
A
of
this
part.
a
CAS
numbers
refer
to
the
Chemical
Abstracts
Services
registry
number
assigned
to
specific
compounds,
isomers,
or
mixtures
of
compounds.
b
Denotes
a
HAP
that
hydrolyzes
quickly
in
water,
but
the
hydrolysis
products
are
also
HAP
chemicals.
c
Denotes
a
HAP
that
may
react
violently
with
water.
d
Denotes
a
HAP
that
hydrolyzes
slowly
in
water.
e
The
fm
305
factors
for
some
of
the
more
common
glycol
ethers
can
be
obtained
by
contacting
the
Waste
and
Chemical
Processes
Group,
Office
of
Air
Quality
Planning
and
Standards,
Research
Triangle
Park,
NC
27711.

As
stated
in
§§
63.7890(
a)
and
63.7912(
e),
(f)(
1)
through
(4),
(g)(
1),
and
(k),
you
must
meet
each
emissions
limitation
for
process
vent
affected
sources
in
the
following
table
that
applies
to
you:

TABLE
2
TO
SUBPART
GGGGG
OF
PART
63.—
EMISSIONS
LIMITATIONS
FOR
PROCESS
VENT
AFFECTED
SOURCES
For
.
.
.
You
must
meet
the
following
emissions
limitation
.
.
.

1.
All
new
and
existing
affected
source
process
vents
associated
with
remediation
activities.
a.
For
each
24­
hour
period,
reduce
emissions
of
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
(minus
methane
and
ethane)
from
all
affected
process
vents
by
95
weight­
percent
by
venting
emissions
through
a
closed­
vent
system
to
any
combination
of
control
devices
meeting
the
requirements
of
§
63.693.
Instead
of
achieving
the
performance
specifications
listed
in
§
63.693(
d)
through
(g),
you
must
meet
a
performance
level
for
each
control
device
necessary
to
achieve
the
95%
control
level
for
all
process
vents
combined;
or
b)
For
each
period
specified,
reduce
emissions
of
TOC
(minus
methane
and
ethane)
from
all
affected
source
process
vents
at
the
facility
below
1.4
kg/
h
(3.0
lb/
h)
and
b.
8
mg/
yr
(3.1
tons/
yr).
Instead
of
achieving
the
performance
specifications
listed
in
§
63.693(
d)
through
(g),
you
must
meet
a
performance
level
for
each
control
device
necessary
to
achieve
the
overall
emissions
rate
limit
for
all
process
vents
(whether
controlled
or
uncontrolled)
combined.

As
stated
in
§§
63.7890(
b),
63.7912
(e)
and
(k),
and
63.7942,
you
must
meet
each
emissions
limitation
for
remediation
material
management
unit
affected
sources
in
the
following
table
that
applies
to
you:

TABLE
3
TO
SUBPART
GGGGG
OF
PART
63.—
EMISSIONS
LIMITATIONS
FOR
REMEDIATION
MATERIAL
MANAGEMENT
UNIT
AFFECTED
SOURCES
For
each
.
.
.
Where
.
.
.
Then
you
must
.
.
.

1.
New
and
existing
tank
that
is
an
affected
source
with
a
design
capacity
less
than
38
cubic
meters
(m
3
)
(10,000
gallons).
a.
The
maximum
HAP
vapor
pressure
of
the
remediation
material
in
the
tank
is
less
than
76.6
kilopascals
(kPa)
(11.1
psia).
i.
For
each
24­
hour
period,
reduce
emissions
of
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
(minus
methane
and
ethane)
by
95
weight­
percent
(or,
for
combustion
devices,
to
an
exhaust
concentration
of
20
parts
per
million
by
volume,
on
a
dry
basis,
corrected
to
3%
oxygen)
by
venting
emissions
through
a
closed­
vent
system
to
any
combination
of
control
devices
meeting
the
requirements
of
§
63.693;
or
ii.
Comply
with
one
of
the
work
practice
standards
(control
level
1
or
2)
specified
in
Table
5,
item
1
of
this
subpart.

2.
New
and
existing
tank
that
is
an
affected
source
with
a
design
capacity
greater
than
or
equal
to
38
m
3
and
less
than
151
m
3
(40,000
gallons).
a.
The
maximum
HAP
vapor
pressure
of
the
remediation
material
in
the
tank
is
less
than
13.1
kPa
(1.9
psia).
Same
as
Table
3,
items
1(
a)
of
this
subpart;

3.
New
and
existing
tank
that
is
an
affected
source
with
a
design
capacity
greater
than
or
equal
to
38
m
3
and
less
than
151
m
3
(40,000
gallons).
a.
The
maximum
HAP
vapor
pressure
of
the
remediation
material
in
the
tank
is
greater
than
or
equal
to
13.1
kPa
(1.9
psia).
i.
Same
as
Table
3,
item
1(
a)
of
this
subpart;
or
ii.
Comply
with
the
work
practice
standards
(for
control
level
2)
specified
in
Table
5,
item
2
of
this
subpart.

4.
New
and
existing
tank
that
is
an
affected
source
with
a
design
capacity
greater
than
or
equal
to
151
m
3
.
a.
The
maximum
HAP
vapor
pressure
of
the
remediation
material
in
the
tank
is
less
than
0.7
kPa
(0.1
psia).
Same
as
Table
3,
item
1(
a)
of
this
subpart.

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
3
TO
SUBPART
GGGGG
OF
PART
63.—
EMISSIONS
LIMITATIONS
FOR
REMEDIATION
MATERIAL
MANAGEMENT
UNIT
AFFECTED
SOURCES—
Continued
For
each
.
.
.
Where
.
.
.
Then
you
must
.
.
.

5.
New
and
existing
tank
that
is
an
affected
source
with
a
design
capacity
greater
than
or
equal
to
151
m
3
.
a.
The
maximum
HAP
vapor
pressure
of
the
remediation
material
in
the
tank
is
greater
than
or
equal
to
0.7
kPa
(0.1
psia).
i.
Same
as
Table
3,
item
1(
a)
of
this
subpart;
or
ii.
Comply
with
the
work
practice
standards
(for
control
level
2)
specified
in
Table
5,
item
2
of
this
subpart.

6.
New
and
existing
container
that
is
an
affected
source.
a.
The
design
capacity
is
greater
than
0.1
m
3
(26
gallons)
and
less
than
or
equal
to
0.46
m
3
(119
gallons).
i.
Same
as
Table
3,
item
1(
a)
of
this
subpart;
or
ii.
Comply
with
one
of
the
work
practice
standards
(control
level
1,
2
or
3)
specified
in
Table
5,
items
3
or
4
of
this
subpart.

7.
New
and
existing
container
that
is
an
affected
source.
a.
The
design
capacity
is
greater
than
0.46
m
3
and
the
container
is
not
in
light­
material
service
as
defined
in
§
63.7942.
i.
Same
as
Table
3,
item
1(
a)
of
this
subpart;
or
ii.
Comply
with
one
of
the
work
practice
standards
(control
level
1,
2
or
3)
specified
in
Table
5,
item
3
or
4
of
this
subpart.

8.
New
and
existing
container
that
is
an
affected
source.
a.
The
design
capacity
is
greater
than
0.46
m
3
and
the
container
is
in
light­
material
service
as
defined
in
§
63.7942.
i.
Same
as
Table
3,
item
1(
a)
of
this
subpart;
or
ii.
Comply
with
one
of
the
work
practice
standards
(control
level
2
or
3)
specified
in
Table
5,
item
4
or
5
of
this
subpart.

9.
New
and
existing
container
that
is
an
affected
source.
a.
The
design
capacity
is
greater
than
0.1
m
3
and
the
container
is
used
for
a
stabilization
process.
i.
Comply
with
one
of
the
following
whenever
the
remediation
material
is
exposed
to
the
atmosphere:
(1)
The
requirements
of
Table
3,
item
1(
a)
of
this
subpart;
or
(2)
The
work
practice
standards
(for
control
level
3)
specified
in
Table
5,
item
4
of
this
subpart.

10.
New
and
existing
surface
impoundment
that
is
an
affected
source.
i.
Same
as
Table
3,
item
1(
a)
of
this
subpart;
or.
ii.
Comply
with
one
of
the
work
practice
standards
specified
in
Table
5,
items
6
or
7
of
this
subpart.

11.
New
and
existing
oil/
water
separator
and
organic/
water
separator.
i.
Same
as
Table
3,
item
1(
a)
of
this
subpart,
or.
ii.
Comply
with
one
of
the
work
practice
standards
specified
in
Table
5,
items
8
or
9
of
this
subpart.

As
stated
in
§§
63.7890(
c),
63.7912(
d),
63.7914(
b)
and
63.7942,
you
must
meet
each
operating
limit
in
the
following
table
that
applies
to
you:

TABLE
4
TO
SUBPART
GGGGG
OF
PART
63.—
OPERATING
LIMITS
AND
ASSOCIATED
WORK
PRACTICES
FOR
CONTROL
DEVICES
For
.
.
.
You
must
.
.
.

1.
Each
existing
and
each
new
affected
source
using
a
thermal
incinerator
to
comply
with
an
emissions
limit
in
Table
2
and
3
of
this
subpart
a.
Maintain
the
daily
average
firebox
temperature
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
b.
Maintain
the
daily
average
total
organic
or
HAP
concentration
at
the
outlet
less
than
or
equal
to
the
concentration
established
during
the
performance
test
(applies
for
CEMS
only).

2.
Each
existing
and
each
new
affected
source
using
a
catalytic
incinerator
to
comply
with
an
emissions
limit
in
Table
2
and
3
of
this
subpart
a.
replace
the
existing
catalyst
bed
with
a
bed
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
bed
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test;
and
b.
Maintain
the
daily
average
temperature
at
the
inlet
of
the
catalyst
bed
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
c.
Maintain
the
daily
average
total
organic
or
HAP
concentration
at
the
outlet
less
than
or
equal
to
the
concentration
established
during
the
performance
test
(applies
for
CEMS
only).

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
4
TO
SUBPART
GGGGG
OF
PART
63.—
OPERATING
LIMITS
AND
ASSOCIATED
WORK
PRACTICES
FOR
CONTROL
DEVICES—
Continued
For
.
.
.
You
must
.
.
.

3.
Each
existing
and
each
new
affected
source
using
a
condenser
to
comply
with
an
emissions
limit
in
Table
2
and
3
of
this
subpart.
a.
Maintain
the
daily
average
condenser
exit
temperature
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
b.
Maintain
the
daily
average
total
organic
or
HAP
concentration
at
the
outlet
less
than
or
equal
to
the
concentration
established
during
the
performance
test
(applies
for
CEMS
only).

4.
Each
existing
and
each
new
affected
source
using
a
carbon
adsorption
system
with
adsorbent
regeneration
to
comply
with
an
emissions
limit
in
Table
2
and
3
of
this
subpart.
a.
Replace
the
existing
adsorbent
in
each
segment
of
the
bed
with
an
adsorbent
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
adsorbent
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test
in
accordance
with
§
63.693(
d)(
2)
through
(4);
and
b.
Maintain
the
frequency
of
regeneration
greater
than
or
equal
to
the
frequency
established
during
the
design
evaluation
or
performance
test
in
accordance
with
§
63.693(
d)(
2)
through
(4);
and
c.
Maintain
the
1­
hour
average
total
regeneration
stream
mass
flow
during
the
adsorption
bed
regeneration
cycle
greater
than
or
equal
to
the
stream
mass
flow
established
during
the
design
evaluation
or
performance
test
in
accordance
with
§
63.693(
d)(
2)
through
(4);
and
d.
Maintain
the
1­
hour
average
temperature
of
the
adsorption
bed
during
regeneration
(except
during
the
cooling
cycle)
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test
in
accordance
with
§
63.693(
d)(
2)
through
(4);
and
e.
Maintain
the
1­
hour
average
temperature
of
the
adsorption
bed
after
regeneration
(and
within
15
minutes
after
completing
any
cooling
cycle)
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test
in
accordance
with
§
63.693(
d)(
2)
through
(4).
f.
Maintain
the
daily
average
total
organic
or
HAP
concentration
at
the
outlet
less
than
or
equal
to
the
concentration
established
during
the
performance
test
in
accordance
with
§
63.693(
d)(
2)
(applies
for
CEMS
only).

5.
Each
existing
and
each
new
affected
source
using
a
carbon
adsorption
system
without
adsorbent
regeneration
to
comply
with
an
emissions
limit
in
Table
2
and
3
of
this
subpart.
a.
Replace
the
existing
adsorbent
in
each
segment
of
the
bed
with
an
adsorbent
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
adsorbent
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test
in
accordance
with
§
63.693(
d)(
2);
and
b.
Maintain
the
1­
hour
average
temperature
of
the
adsorption
bed
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test
in
accordance
with
§
63.693(
d)(
2).
c.
Maintain
the
daily
average
total
organic
or
HAP
concentration
at
the
outlet
less
than
or
equal
to
the
concentration
established
during
the
performance
test
(applies
for
CEMS
only).

6.
Each
existing
and
each
new
affected
source
using
a
boiler
or
process
heater
to
comply
with
an
emissions
limit
in
Table
2
and
3
of
this
subpart.
a.
Maintain
the
daily
average
firebox
temperature
within
the
operating
level
established
during
the
performance
test.
b.
Maintain
the
daily
average
total
organic
or
HAP
concentration
at
the
outlet
less
than
or
equal
to
the
concentration
established
during
the
performance
test
(applies
for
CEMS
only).

7.
Each
existing
and
each
new
affected
source
using
a
flare
to
comply
with
an
emissions
limit
in
Table
2
and
3
of
this
subpart.
a.
Operate
the
flare
at
all
times
when
emissions
may
be
vented
to
it
and
with
no
visible
emissions
in
accordance
with
§
63.11(
b)(
4);
and
b.
Maintain
the
presence
of
a
flame
at
all
times
inaccordance
with
§
63.11(
b)(
5);
and
c.
Meet
the
heat
content
specification
in
§
63.11(
b)(
6)(
ii)
and
the
maximum
tip
velocity
specifications
in
§
63.11(
b)(
8)
or
(7),
or
meet
the
requirements
in
§
63.11(
b)(
6)(
i).
d.
Maintain
the
daily
average
total
organic
or
HAP
concentration
at
the
outlet
less
than
or
equal
to
the
concentration
established
during
the
performance
test
(applies
for
CEMS
only).

As
stated
in
§
63.7890(
d),
you
must
meet
each
work
practice
standard
in
the
following
table
that
applies
to
you:

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
5
TO
SUBPART
GGGGG
OF
PART
63.—
WORK
PRACTICE
STANDARDS
For
each
.
.
.
You
must
.
.
.

1.
New
or
existing
tank
that
is
an
affected
source
meeting
any
set
of
capacity
and
vapor
pressure
limits
specified
in
Table
3,
items
1,
2
or
4
of
this
subpart.
a.
As
an
alternative
to
the
emissions
limit
in
Table
3
of
this
subpart,
comply
with
the
requirements
of
subpart
OO
(control
level
1)
of
this
part;
or
b.
Comply
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.

2.
New
or
existing
tank
that
is
an
affected
source
meeting
any
set
of
capacity
and
vapor
pressure
limits
specified
in
Table
3,
items
3
or
5
of
this
subpart.
As
an
alternative
to
the
emissions
limit
in
Table
3
of
this
subpart,
comply
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.

3.
New
or
existing
container
that
is
an
affected
source
{
meeting
any
set
of
capacity
limits
specified
in
Table
3,
items
6
or
7
of
this
subpart
that
is
not
vented
to
a
control
device.
a.
As
an
alternative
to
the
emissions
limit
in
Table
3
of
this
subpart,
comply
with
the
requirements
of
§
63.922
(control
level
1);
or
b.
Comply
with
the
requirements
of
§
63.923
(control
level
2).

4.
New
or
existing
container
that
is
an
affected
source
{
meeting
any
set
of
capacity
limits
specified
in
Table
3,
items
6,
7,
8
or
9
of
this
subpart
that
is
vented
to
a
control
device.
As
an
alternative
to
the
emissions
limit
in
Table
3
of
this
subpart,
comply
with
the
requirements
of
§
63.924
(control
level
3).

5.
New
or
existing
container
that
is
an
affected
source
{
meeting
the
capacity
limits
specified
in
Table
3,
item
8
of
this
subpart
that
is
not
vented
to
a
control
device.
As
an
alternative
to
the
emissions
limit
in
Table
3
of
this
subpart,
comply
with
the
requirements
of
§
63.923
(control
level
2).

6.
New
or
existing
surface
impoundment
that
is
an
affected
source
that
is
not
vented
to
a
control
device.
Install
a
floating
membrane
cover
designed
to
meet
specifications
in
§
63.942(
a)
through
(c).
The
membrane
must
float
on
the
surface
at
all
times
during
normal
operations.

7.
New
or
existing
surface
impoundment
that
is
an
affected
source
that
is
vented
through
a
closed
vent
system
to
a
control
device.
a.
Install
a
cover
meeting
the
requirements
in
§
63.943(
b)
and
(c);
and
b.
Design
and
operate
the
closed
vent
system
in
accordance
with
the
requirements
of
§
63.693.

8.
New
and
existing
oil/
water
separator,
or
organic/
water
separator
that
is
an
affected
source
that
is
not
vented
to
a
control
device.
Follow
the
requirements
of
§§
63.1042
(fixed
roof),
63.1043
(floating
roof),
or
63.1045
(pressurized
roof),
as
appropriate.

9.
New
and
existing
oil/
water
separator,
or
organic/
water
separator
that
is
an
affected
source
that
is
vented
through
a
closed
vent
system
to
a
control
device.
a.
Follow
the
requirements
of
§
63.1044;
and
b.
design
and
operate
the
closed
vent
system
in
accordance
with
the
requirements
of
§
63.693.

10.
New
and
existing
equipment
component
that
is
an
affected
source
Comply
with
the
requirements
of
subpart
TT
(control
level
1);
or
subpart
WW
(control
level
2).

11.
New
and
existing
transfer
system
that
is
an
affected
source
............
a.
For
individual
drain
systems,
as
defined
in
this
subpart,
comply
with
the
requirements
of
subpart
RR;
and
b.
For
transfer
systems,
other
than
individual
drain
systems,
comply
with
the
requirements
of
§
63.689(
c).

As
stated
in
§§
63.7911(
a),
63.7912(
b)
and
(c),
63.7914(
b),
and
63.7930(
e)(
2),
you
must
conduct
the
performance
testing
required
in
the
following
table
at
any
time
the
EPA
requires
for
non­
flare
control
devices
in
accordance
with
section
114
of
the
CAA:

TABLE
6
TO
SUBPART
GGGGG
OF
PART
63.—
REQUIREMENTS
FOR
PERFORMANCE
TESTS
For
.
.
.
You
must
.
.
.
Using
.
.
.
According
to
the
following
requirements
.
.
.

1.
New
and
existing
affected
source
process
vents,
tanks,
containers,
surface
impoundments,
oil/
water
separators,
and
organic/
water
separators
complying
with
a
HAP
or
TOC
reduction
efficiency
limit
in
Table
2
or
3
of
this
subpart,
an
emissions
rate
limit
in
Table
2
of
this
subpart,
or
an
emissions
concentration
limit
in
Table
3
of
this
subpart.
Select
sampling
port
locations
and
the
number
of
traverse
points.
Method
1
or
1A
of
40
CFR
part
60,
appendix
A
of
§
63.7(
d)(
1)(
i).
Sampling
sites
must
be
located
at
the
inlet
(if
emissions
reduction
or
destruction
efficiency
testing
is
required)
and
outlet
of
the
control
device
and
prior
to
any
releases
to
the
atmosphere

2.
New
and
existing
affected
source
process
vents,
tanks,
containers,
surface
impoundments,
oil/
water
separators,
and
organic/
water
separators
complying
with
a
HAP
or
TOC
reduction
efficiency
limit
in
Table
2
or
3
of
this
subpart
or
an
emissions
rate
limit
in
Table
2
of
this
subpart.
Determine
velocity
and
volumetric
flow
rate.
Method
2,
2A,
2C,
2D,
2F,
or
2G
of
appendix
A
to
part
60
of
this
chapter.
For
HAP
or
TOC
reduction
efficiency
or
emissions
rate
testing;
not
necessary
for
determining
compliance
with
20
ppmv
concentration
limit.

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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
6
TO
SUBPART
GGGGG
OF
PART
63.—
REQUIREMENTS
FOR
PERFORMANCE
TESTS—
Continued
For
.
.
.
You
must
.
.
.
Using
.
.
.
According
to
the
following
requirements
.
.
.

3.
New
and
existing
affected
source
process
vents,
tanks,
containers,
surface
impoundments,
oil/
water
separators,
complying
with
a
HAP
or
TOC
reduction
efficiency
limit
in
Table
2
or
3
of
this
subpart
or
an
emissions
rate
limit
in
Table
2
of
this
subpart.
Conduct
gas
molecular
weight
analysis.
Method
3,
3A,
or
3B
in
appendix
A
to
part
60
of
this
chapter.
For
flow
rate
determination
only.

4.
New
and
existing
affected
source
process
vents,
tanks,
containers,
surface
impoundments,
oil/
water
separators,
and
organic/
water
separators
complying
with
an
emissions
concentration
limit
in
Table
3
of
this
subpart.
Measure
O2
concentration
Method
3A
or
3B
in
appendix
A
to
part
60
of
this
chapter.
For
correcting
HAP
and
TOC
concentrations
measured
from
combustion
control
device
to
3%
O2
for
comparing
to
20
ppmv
concentration
limit.
See
§
63.7912(
f)(
4).

5.
New
and
existing
affected
source
process
vents,
tanks,
containers,
surface
impoundments,
oil/
water
separators,
and
organic/
water
separators
complying
with
a
HAP
or
TOC
reduction
efficiency
limit
in
Table
2
or
3
of
this
subpart,
an
emissions
rate
limit
in
Table
2
of
this
subpart,
or
an
emissions
concentration
limit
in
Table
3
of
this
subpart.
Measure
moisture
content
of
the
stack
gas.
Method
4
in
appendix
A
to
part
60
of
this
chapter.
For
flow
rate
determination
and
correction
to
dry
basis.

6.
New
and
existing
affected
source
process
vents,
tanks,
containers,
surface
impoundments,
oil/
water
separators,
and
organic
water
separators
complying
with
a
HAP
or
TOC
reduction
efficiency
limit
in
Table
2
or
3
of
this
subpart.
a.
Measure
organic
HAP
concentration
at
inlet
and
outlet
locations.
b.
Measure
TOC
concentration
at
inlet
and
outlet
locations.
i.
Method
18
in
appendix
A
to
part
60
of
this
chapter.
i.
Method
18
or
Method
25A
or
Method
25
in
appendix
A
to
part
60
of
this
chapter.
(1)
The
organic
HAP
used
for
the
calibration
gas
for
Method
25A
must
be
the
single
organic
HAP
representing
the
largest
percent
by
volume
of
emissions
and
(2)
during
the
performance
test
or
a
design
evaluation
you
must
establish
the
operating
parameter
limits
within
which
total
organic
HAP
emissions
are
reduced
by
95
weight­
percent
(or
to
the
level
necessary
to
meet
the
emissions
rate
limits
in
Table
2
of
this
subpart
or
to
20
ppmv
exhaust
concentration.

7.
All
affected
source
process
vents
associated
with
remediation
activities
complying
with
the
emissions
rate
limit
in
item
(1)(
b)
of
Table
2
of
this
subpart.
Measure
organic
HAP
at
the
outlet
location.
Method
18
in
appendix
A
to
part
60
of
this
chapter.

8.
New
and
existing
affected
source
tanks,
containers,
surface
impoundments,
oil/
water
separators,
and
organic
water
separators
complying
with
a
HAP
or
TOC
emissions
concentration
limit
in
Table
3
of
this
subpart.
a.
Measure
organic
HAP
at
the
outlet
location.
b.
Measure
TOC
at
the
outlet
location.
i.
Method
18
in
appendix
A
to
part
60
of
this
chapter.
i.
Method
18
in
appendix
A
to
part
60
of
this
chapter,
or.
ii.
Method
25A
in
appendix
A
to
part
60
of
this
chapter

Use
the
following
table
to
determine
if
you
have
demonstrated
initial
compliance
for
each
affected
source
in
Table
2
or
3
of
this
subpart
and
for
process
vents
in
Table
2
of
this
subpart:

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Federal
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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
7
TO
SUBPART
GGGGG
OF
PART
63.—
INITIAL
COMPLIANCE
WITH
EMISSIONS
LIMITATIONS
For
.
.
.
For
the
following
emissions
limitation
.
.
.
You
have
demonstrated
initial
compliance
if
...

1.
Each
affected
source
listed
in
Table
2
or
3
of
this
subpart.
Reduce
total
organic
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
emissions
by
at
least
95
weight­
percent.
Total
organic
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
emissions,
based
on
the
results
of
the
performance
testing
specified
in
Table
6
of
this
subpart,
are
reduced
by
at
least
95
weight­
percent;
and
you
have
a
record
of
the
operating
requirement(
s)
listed
in
Table
4
of
this
subpart
for
the
process
unit
over
the
performance
test
during
which
emissions
did
not
exceed
95
weight­
percent.

2.
Each
affected
source
listed
in
Table
3
of
this
subpart.
Limit
emissions
of
total
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
concentration
to
 
20
ppmv.
The
average
total
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
emissions,
measured
using
the
methods
in
Table
6
of
this
subpart
over
the
3­
hour
initial
performance
test,
do
not
exceed
20
ppmv;
and
you
have
a
record
of
the
operating
requirement(
s)
listed
in
Table
4
of
this
subpart
for
the
process
unit
over
the
performance
test
during
which
emissions
did
not
exceed
20
ppmv.

3.
Affected
source
process
vents
listed
in
Table
2
of
this
subpart.
Reduce
total
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
emissions
below
1.4
kg/
h
(3.0
lb/
hr)
and
2.8
Mg/
yr
(3.1
ton/
yr).
The
average
total
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
emissions,
measured
using
the
methods
in
Table
6
of
this
subpart
over
the
3­
hour
initial
performance
test,
do
not
exceed
1.4
kg/
h
(3.0
lb/
hr);
and
you
have
a
record
of
the
operating
requirement
s)
listed
in
Table
4
of
this
subpart
for
the
process
unit(
s)
over
the
performance
test
during
which
emissions
did
not
exceed
1.4
kg/
h
(3.0
lb/
hr).

Use
the
following
table
to
determine
if
you
have
demonstrated
initial
compliance
for
tanks;
containers;
surface
impoundments;
oil/
water
separators
or
organic/
water
separators;
equipment;
closed­
vent
systems;
and
transfer
systems:

TABLE
8
TO
SUBPART
GGGGG
OF
PART
63.—
INITIAL
COMPLIANCE
WITH
WORK
PRACTICE
STANDARDS
For
each
*
*
*
For
the
following
work
practice
standard
*
*
*
You
have
demonstrated
initial
compliance
if
***

1.
Tank
complying
with
the
requirements
of
subpart
OO
(control
level
1)
of
this
part.
Install
a
fixed
roof
designed
and
operated
in
accordance
with
§
63.902.
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
a
fixed
roof
that
meets
the
specifications
in
§
63.902,
you
have
performed
the
initial
inspection
following
installation
of
the
roof
in
accordance
with
§
63.906,
and
you
have
a
record
documenting
the
roof
design
and
inspection
results

2.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
Operate
a
fixed­
roof
tank
with
an
internal
floating
roof
(IFR)
in
accordance
with
§
63.685(
e).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
an
IFR
that
meets
the
applicable
specifications
in
§
63.685(
e),
you
have
performed
the
initial
inspection
following
installation
of
the
IFR
in
accordance
with
§
63.695(
b)(
1),
and
you
have
a
record
documenting
the
IFR
design
and
inspection
results.

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
8
TO
SUBPART
GGGGG
OF
PART
63.—
INITIAL
COMPLIANCE
WITH
WORK
PRACTICE
STANDARDS—
Continued
For
each
*
*
*
For
the
following
work
practice
standard
*
*
*
You
have
demonstrated
initial
compliance
if
***

3.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
Install
an
external
floating
roof
(EFR)
designed
and
operated
in
accordance
with
§
63.685(
f).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
an
EFR
that
meets
the
specifications
in
§
63.685(
f),
you
have
performed
the
initial
inspection
following
installation
of
the
EFR
in
accordance
with
§
63.695(
b)(
2)(
i),
and
you
have
a
record
documenting
the
EFR
design
and
inspection
results.

4.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
Vent
the
tank
to
a
control
device
in
accordance
with
§
63.685(
g).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
a
fixed
roof
that
meets
the
applicable
specifications
in
§
63.685(
g)(
1)
and
(b),
you
have
performed
the
initial
inspection
following
installation
of
the
fixed
roof
in
accordance
with
§
63.695(
b)(
3),
and
you
have
a
record
documenting
the
fixed
roof
design
and
inspection
results.

5.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
Use
a
pressure
tank
designed
and
operated
in
accordance
with
§
63.685(
h).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
designed
a
pressure
tank
meeting
the
applicable
specifications
in
§
63.685(
h),
and
you
have
a
record
documenting
the
tank
design.

6.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
A
tank
located
inside
an
enclosure
in
accordance
with
§
63.685(
i).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
the
enclosure
meets
the
applicable
specifications
in
§
63.685(
i),
you
have
performed
the
initial
inspection
in
accordance
with
§
63.685(
i)(
1),
and
you
have
a
record
documenting
the
enclosure
design
and
inspection
results.

7.
Container
complying
with
§
63.922
(level
1
controls).
Install
a
cover
meeting
the
requirements
of
§
63.922
whenever
remediation
material
is
in
the
container.
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
the
cover
meets
§
63.922
and
you
have
visually
inspected
the
container
and
its
cover
and
closure
devices
for
visible
cracks,
holes,
gaps,
or
other
open
spaces
within
24
hours
after
the
material
is
placed
in
the
container
and
maintain
a
record
of
the
inspection

8.
Container
complying
with
§
63.923
(level
2
controls).
Install
a
cover
meeting
the
requirements
of
§
63.923
and
be
installed
whenever
remediation
material
is
in
the
container.
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
the
cover
meets
§
63.923
and
you
have
visually
inspected
the
container
and
its
cover
and
closure
devices
for
visible
cracks,
holes,
gaps,
or
other
open
spaces
within
24
hours
after
the
material
is
placed
in
the
container
and
maintain
a
record
of
the
inspection

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
8
TO
SUBPART
GGGGG
OF
PART
63.—
INITIAL
COMPLIANCE
WITH
WORK
PRACTICE
STANDARDS—
Continued
For
each
*
*
*
For
the
following
work
practice
standard
*
*
*
You
have
demonstrated
initial
compliance
if
***

9.
Container
complying
with
§
63.924
(level
3
controls).
Vent
the
container
through
a
closed­
vent
system
(CVS)
to
a
control
device
according
to
the
specifications
of
§
63.924(
b).
You
have
met
the
work
practice
standard,
and
for
containers
vented
inside
an
enclosure,
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that,
you
meet
the
requirements
of
§
63.924(
c)(
1).
Note:
see
item
number
17
of
this
table
for
work
practice
requirements
for
closed­
vent
systems.

10.
Surface
impoundment
subject
to
§
63.940
that
is
not
vented
to
a
control
device.
Install
a
floating
membrane
cover
designed
in
accordance
with
specifications
in
§
63.942(
a)
through
(c).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
a
floating
membrane
cover
the
meets
the
specifications
in
§
63.942(
b),
you
have
performed
the
initial
inspection
following
installation
of
the
cover
in
accordance
with
§
63.946(
a)(
2),
and
you
have
a
record
documenting
the
cover
design
and
inspection
results.

11.
Surface
impoundment
subject
to
§
63.940
that
is
vented
to
a
control
device.
Install
a
cover
designed
in
accordance
with
specifications
in
§
63.943(
b).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
a
cover
the
meets
the
specifications
in
§
63.943(
b),
you
have
performed
the
initial
inspection
following
installation
of
the
cover
as
required
by
§
63.946(
b)(
1)(
ii),
and
you
have
a
record
documenting
the
cover
design
and
inspection
results.

12.
Oil/
water
separator,
or
organic/
water
separator
complying
with
§
63.1042.
Install
a
fixed
roof
designed
in
accordance
with
the
specifications
in
§
63.1042(
b).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
a
fixed
roof
that
meets
the
specifications
in
§
63.1042(
b),
you
have
performed
the
initial
inspection
following
installation
of
the
fixed
roof
as
required
by
§
63.1047(
a),
and
you
have
a
record
documenting
the
fixed
roof
design
and
inspection
results.

13.
Oil/
water
separator,
or
organic/
water
separator
complying
with
§
63.1043.
Install
a
floating
roof
designed
in
accordance
with
the
specifications
in
§
63.1043(
b).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
a
floating
roof
that
meets
the
specifications
in
§
63.1043(
b),
you
have
performed
the
initial
inspection
following
installation
of
the
floating
roof
as
required
by
§
63.1047(
b),
and
you
have
a
record
documenting
the
floating
design
and
inspection
results.

14.
Oil/
water
separator,
or
organic/
water
separator
complying
with
§
63.1044.
Install
a
fixed
roof
designed
in
accordance
with
the
specifications
in
§
63.1044(
b)
and
vent
headspace
to
a
control
device
through
a
CVS.
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
a
fixed
roof
that
meets
the
specifications
in
§
63.1044(
b),
you
have
performed
the
initial
inspection
following
installation
of
the
fixed
roof
as
required
by
§
63.1047(
c),
and
you
have
a
record
documenting
the
fixed
roof
design
and
inspection
results.

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
8
TO
SUBPART
GGGGG
OF
PART
63.—
INITIAL
COMPLIANCE
WITH
WORK
PRACTICE
STANDARDS—
Continued
For
each
*
*
*
For
the
following
work
practice
standard
*
*
*
You
have
demonstrated
initial
compliance
if
***

15.
Oil/
water
separator,
or
organic/
water
separator
that
is
complying
with
§
63.1045.
Operate
the
separator
as
a
closed
system
in
accordance
with
the
specifications
in
§
63.1045(
b).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
the
separator
operates
as
a
closed­
system,
you
have
performed
the
no
detectable
organic
emissions
test
required
in
§
63.1046,
and
you
have
a
record
documenting
the
separator
design
and
inspection
results.

16.
Item
of
equipment
.......................................
Carry
out
a
leak
detection
and
repair
program
to
comply
with
the
requirements
of
subpart
TT
(control
level
1);
or
subpart
WW
(control
level
2)..
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
equipment
subject
to
the
work
practice
requirements
has
been
identified
and
you
make
available
written
specifications
for
the
leak
detection
and
repair
program
or
equivalent
control
approach.

17.
Closed­
vent
system
(CVS)
conveying
emissions
to
a
control
device.
Design
and
operate
the
CVS
in
accordance
with
the
specifications
in
§
63.693.
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
CVS
meets
the
specifications
in
§
63.695(
c)
and
you
perform
the
initial
inspection
required
by
§
63.695(
c)(
1)(
i)
and
have
a
record
documenting
the
design
and
inspection
results.

18.
Transfer
system
that
is
an
individual
drain
system
complying
with
the
applicable
requirements
in
subpart
RR.
Meet
the
design
and
operating
requirements
in
§
63.962(
a).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
designed
the
applicable
controls
in
accordance
with
§
63.962(
a)
and
(b)
and
performed
the
initial
inspection
requirements
in
§
63.964(
a)(
1)(
iv)
and
have
a
record
documenting
the
design
and
inspection
results.
Systems
conveying
emissions
through
a
CVS
to
a
control
device
should
meet
the
requirements
in
item
17
of
this
table.

19.
Transfer
system
that
is
not
an
individual
drain
system
and
complies
with
the
requirements
in
§
63.689(
c).
Design
and
operate
a
transfer
system
using
covers
in
accordance
with
§
63.689(
d).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
designed
and
installed
the
covers
as
required
by
§
63.689(
d)(
1)
through
(5),
performed
the
inspection
requirements
in
§
63.695(
d)(
2)
and
have
a
record
documenting
the
design
and
inspection
results.

20.
Transfer
system
that
is
not
an
individual
drain
system
and
complies
with
the
requirements
in
§
63.689(
c).
Design
and
operate
a
transfer
system
using
hard
piping
in
accordance
with
§
63.689(
c)(
2).
You
have
met
the
work
practice
standard
and
as
part
of
the
Notification
of
Compliance
Status,
you
submit
a
signed
statement
that
you
have
installed
the
hard
piping
as
specified
in
§
63.689(
c)(
2).

Use
the
following
table
to
determine
if
you
have
demonstrated
continuous
compliance
for
each
unit
in
Table
2
or
3
of
this
subpart:

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
9
TO
SUBPART
GGGGG
OF
PART
63.—
CONTINUOUS
COMPLIANCE
WITH
EMISSIONS
LIMITATIONS
For*
*
*
For
the
following
emissions
limitation
*
*
*
You
have
demonstrated
continuous
compliance
by
*
*
*

1.
Each
unit
listed
in
Table
2
or
3
of
this
subpart
a.
Reduce
total
organic
HAP,
listed
in
Table
1
of
this
subpart,
or
TOC
emissions
by
at
least
95
weight­
percent,
i.
Performing
CMS
monitoring
and
collecting
data
according
to
§§
63.7914,
63.7921,
and
63.7930;
ii.
Maintaining
the
site­
specific
operating
limits
within
the
ranges
established
during
the
design
evaluation
or
performance
test;
and
iii.
Continuously
monitoring
and
recording
the
total
organic
or
HAP
concentration
at
least
every
15
minutes,
reducing
the
CEMS
data
to
1­
hour
and
then
24­
hour
block
averages,
and
maintaining
the
24­
hour
block
average
total
organic
or
HAP
concentration
less
than
or
equal
to
the
concentration
established
during
the
performance
test;
and
iv.
Keeping
the
applicable
records
required
in
§
63.10.

2.
Each
unit
listed
in
Table
3
of
this
subpart...
Limit
emissions
of
total
HAP,
listed
in
Table
1
of
this
Subpart,
or
TOC
concentration
of
 
20
ppmv.
Same
as
in
item
1
of
Table
9
of
this
Subpart
3.
Each
unit
listed
in
Table
2
or
3
of
this
subpart
Limit
emissions
of
total
HAP,
listed
in
Table
1
of
this
subpart,
to
below
1.4
kg/
hr
(3.0
lb/
hr)
and
2.8
Mg/
yr
(3.1
ton/
yr).
Same
as
in
item
1
of
Table
9
of
this
subpart.

Use
the
following
table
to
determine
if
you
have
demonstrated
continuous
compliance
for
each
affected
source
unit
in
Table
2
or
3
of
this
subpart:

TABLE
10
TO
SUBPART
GGGGG
OF
PART
63.—
CONTINUOUS
COMPLIANCE
WITH
OPERATING
LIMITS
For
*
*
*
For
the
following
operating
limit
*
*
*
You
must
demonstrate
continuous
compliance
by
*
*
*

1.
Affected
source
using
a
thermal
oxidizer
to
comply
with
an
emissions
limit
in
Table
2
or
3
of
this
subpart.
a.
Maintain
the
hourly
average
firebox
temperature
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
firebox
temperature
every
15
minutes
and
maintaining
the
hourly
average
firebox
temperature
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.

2.
Affected
source
using
a
catalytic
oxidizer
to
comply
with
an
emissions
limit
in
Table
2
or
3
of
this
subpart.
a.
Replace
the
existing
catalyst
bed
with
a
catalyst
bed
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
bed
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test.
i.
Replacing
the
existing
catalyst
bed
with
a
catalyst
bed
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
bed
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
b.
Maintain
the
hourly
average
temperature
at
the
inlet
of
the
catalyst
bed
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
the
temperature
at
the
inlet
of
the
catalyst
bed
at
least
every
15
minutes
and
maintaining
the
hourly
average
temperature
at
the
inlet
of
the
catalyst
bed
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
c.
Maintain
the
hourly
average
temperature
difference
across
the
catalyst
bed
greater
than
or
equal
to
the
minimum
temperature
difference
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
the
temperature
at
the
outlet
of
the
catalyst
bed
every
15
minutes
and
maintaining
the
hourly
average
temperature
difference
across
the
catalyst
bed
greater
than
or
equal
to
the
minimum
temperature
difference
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.

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49444
Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
10
TO
SUBPART
GGGGG
OF
PART
63.—
CONTINUOUS
COMPLIANCE
WITH
OPERATING
LIMITS—
Continued
For
*
*
*
For
the
following
operating
limit
*
*
*
You
must
demonstrate
continuous
compliance
by
*
*
*

3.
Affected
source
using
a
condenser
to
comply
with
an
emissions
limit
in
Table
2
or
3
of
this
subpart.
a.
Maintain
the
hourly
average
condenser
exit
temperature
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
the
temperature
at
the
exit
of
the
condenser
at
least
every
15
minutes
and
maintaining
the
hourly
average
condenser
exit
temperature
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.

4.
Affected
source
using
an
adsorption
system
with
adsorbent
regeneration
to
comply
with
an
emissions
limit
in
Table
2
or
3
of
this
subpart.
a.
Replace
the
existing
adsorbent
in
each
segment
of
the
bed
with
an
adsorbent
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
adsorbent
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test.
i.
Replacing
the
existing
adsorbent
in
each
segment
of
the
bed
with
an
adsorbent
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
adsorbent
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.

b.
Maintain
the
frequency
of
regeneration
greater
than
or
equal
to
the
frequency
established
during
the
design
evaluation
or
performance
test.
i.
Maintaining
the
frequency
of
regeneration
greater
than
or
equal
to
the
frequency
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
c.
Maintain
the
total
regeneration
stream
mass
flow
during
the
adsorption
bed
regeneration
cycle
greater
than
or
equal
to
the
stream
mass
flow
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
the
total
regeneration
stream
mass
flow
during
the
adsorption
bed
regeneration
cycle
and
maintaining
the
flow
greater
than
or
equal
to
the
stream
mass
flow
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
d.
Maintain
the
hourly
temperature
of
the
adsorption
bed
during
regeneration
(except
during
the
cooling
cycle)
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
the
hourly
temperature
of
the
adsorption
bed
during
regeneration
(except
during
the
cooling
cycle)
and
maintaining
the
hourly
temperature
greater
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
e.
Maintain
the
hourly
temperature
of
the
adsorption
bed
after
regeneration
(and
within
15
minutes
after
completing
any
cooling
cycle)
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
the
hourly
temperature
of
the
adsorption
bed
after
regeneration
(and
within
15
minutes
after
completing
any
cooling
cycle)
and
maintaining
the
hourly
temperature
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.

5.
Affected
source
using
an
adsorption
system
without
adsorbent
regeneration
to
comply
with
an
emissions
limit
in
Table
2
or
3.
a.
Replace
the
existing
adsorbent
in
each
segment
of
the
bed
with
an
adsorbent
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
adsorbent
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test.
i.
Replacing
the
existing
adsorbent
in
each
segment
of
the
bed
with
an
adsorption
that
meets
the
replacement
specifications
established
during
the
design
evaluation
or
performance
test
before
the
age
of
the
adsorbent
exceeds
the
maximum
allowable
age
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.

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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
10
TO
SUBPART
GGGGG
OF
PART
63.—
CONTINUOUS
COMPLIANCE
WITH
OPERATING
LIMITS—
Continued
For
*
*
*
For
the
following
operating
limit
*
*
*
You
must
demonstrate
continuous
compliance
by
*
*
*

b.
Maintain
the
hourly
temperature
of
the
adsorption
bed
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test.
i.
Continuously
monitoring
and
recording
the
hourly
temperature
of
the
adsorption
bed
and
maintaining
an
hourly
temperature
less
than
or
equal
to
the
temperature
established
during
the
design
evaluation
or
performance
test;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
6.
Affected
source
using
a
flare
to
comply
with
an
emissions
limit
in
Table
2
or
3
of
this
subpart.
a.
Maintain
a
pilot
flame
present
in
the
flare
at
all
times
that
vapors
are
not
being
vented
to
the
flare
(§
63.11(
b)(
5)).
i.
Continuously
operating
a
device
that
detects
the
presence
of
the
pilot
flame;
and
ii.
Keeping
the
applicable
records
required
in
§
63.695(
e).
b.
Maintain
a
flare
flame
at
all
times
that
vapors
are
being
vented
from
the
emissions
source
(§
63.11(
b)(
5)).
i.
Maintaining
a
flare
flame
at
all
times
that
vapors
are
being
vented
from
the
emissions;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
c.
Operate
the
flare
with
no
visible
emissions,
except
for
up
to
5
minutes
in
any
2
consecutive
hours
(§
63.11(
b)(
4)).
i.
operating
the
flare
with
no
visible
emissions
exceeding
the
amount
allowed;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10
d.
Operate
the
flare
with
an
exit
velocity
that
is
within
the
applicable
limits
in
§
63.11(
b)(
6),
(7),
and
(8).
i.
Operating
the
flare
within
the
applicable
exit
velocity
limits;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.
e.
Operate
the
flare
with
a
net
heating
value
of
the
gas
being
combusted
greater
than
the
applicable
minimum
value
in
§
63.11(
b)(
6)(
ii).
i.
Operating
the
flare
with
the
gas
net
heating
value
within
the
applicable
limit;
and
ii.
Keeping
the
applicable
records
required
in
§
63.10.

Use
the
requirements
in
the
following
table
to
demonstrate
continuous
compliance
for
tanks;
containers;
surface
impoundments;
oil/
water
separators
or
organic/
water
separators;
equipment;
closed­
vent
systems;
and
transfer
systems:

TABLE
11
TO
SUBPART
GGGGG
OF
PART
63.—
CONTINUOUS
COMPLIANCE
WITH
WORK
PRACTICE
STANDARDS
For
each
*
*
For
the
following
work
practice
standard
*
*
*
You
must
demonstrate
continuous
compliance
by
*
*
*

1.
Tank
complying
with
subpart
OO
(control
level
1)
of
this
part.
a.
install
a
fixed
roof
designed
and
operated
in
accordance
with
the
applicable
specifications
in
§
63.902.
i.
following
the
inspection
and
repair
procedures
in
§
63.906(
a)
and
(b);
and
ii.
keeping
the
records
required
in
§
63.907.

2.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
a.
operate
a
fixed­
roof
tank
with
an
internal
floating
roof
(IFR)
in
accordance
with
§
63.685(
e).
i.
following
the
inspection
and
repair
requirements
in
§
63.695(
b)(
1)
and
(4);
and
ii.
keeping
the
records
required
in
§
63.696.

3.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
a.
install
an
external
floating
roof
(EFR)
designed
and
operated
in
accordance
with
§
63.685(
f).
i.
following
the
inspection
and
repair
requirements
in
§
63.695(
b)(
2)
and
(4);
and
ii.
keeping
the
records
required
in
§
63.696(
d).

4.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
a.
vent
the
tank
through
a
closed
vent
system
(CVS)
to
a
control
device
in
accordance
with
§
63.685(
g).
i.
following
the
inspection
and
repair
requirements
in
§
63.695(
b)(
3)
and
(4);
and
ii.
following
the
inspection
and
monitoring
requirements
for
the
CVS
in
§
63.695(
c)(
1)–
(3);
and
iii.
keeping
the
records
required
in
§
63.696(
e).

5.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
use
a
pressure
tank
designed
and
operated
in
accordance
with
§
63.685(
h).
operating
the
pressure
tank
at
all
times
in
accordance
with
the
specifications
in
§
63.685(
h).

6.
Tank
complying
with
the
requirements
of
§
63.685(
d)
(control
level
2)
of
this
part.
a.
a
tank
located
inside
an
enclosure
in
accordance
with
§
63.685(
i).
i.
meeting
the
recordkeeping
requirements
of
§
63.696(
f);
and
ii.
meeting
the
requirements
for
a
closed­
vent
system
specified
in
item
19
of
this
table.

7.
Container
complying
with
§
63.922
(level
1
controls).
install
a
cover
meeting
the
requirements
of
§
63.922
whenever
remediation
material
is
in
the
container.
following
the
inspection
and
repair
requirements
in
§
63.926(
a)(
2)
and
(3).

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Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
11
TO
SUBPART
GGGGG
OF
PART
63.—
CONTINUOUS
COMPLIANCE
WITH
WORK
PRACTICE
STANDARDS—
Continued
For
each
*
*
For
the
following
work
practice
standard
*
*
*
You
must
demonstrate
continuous
compliance
by
*
*
*

8.
Container
complying
with
§
63.923
(level
2
controls).
install
a
cover
meeting
the
requirements
of
§
63.923
whenever
remediation
material
is
in
the
container.
following
the
inspection
and
repair
requirements
in
§
63.926(
c)(
2)
and
(3).

9.
Container
complying
with
§
63.924
(level
3
controls).
a.
vent
the
container
through
a
closed­
vent
system
(CVS)
to
a
control
device
according
to
the
specifications
of
§
63.924(
b).
i.
following
the
inspection
and
monitoring
requirements
for
the
CVS
in
§
63.695(
c)(
1)–
(3);
and
ii.
keeping
the
records
required
in
§
63.927.

10.
Surface
impoundment
complying
with
the
applicable
requirements
in
subpart
QQ
that
is
not
vented
to
a
control
device.
install
a
floating
membrane
cover
designed
according
to
the
specifications
in
§
63.942(
a)–
(b)
and
maintain
the
membrane
floating
on
the
liquid
surface
at
all
times.
maintaining
the
membrane
floating
on
the
liquid
surface
and
visually
inspecting
the
membrane
at
least
once
every
year,
making
a
first
attempt
at
repair
of
any
defects
within
5
calendar
days
of
detection,
completing
repair
within
45
calendar
days
of
detection,
and
keeping
the
records
required
in
§
63.947(
a).

11.
Surface
impoundment
that
is
a
new
or
existing
affected
source
subject
to
subpart
QQ
that
is
vented
to
a
control
device.
install
a
cover
designed
to
meet
the
applicable
specifications
in
§
63.943(
b);
and
vent
the
emissions
through
a
closed­
vent
system
(CVS)
to
a
control
device.
maintaining
a
cover
on
the
surface
impoundment
in
accordance
with
the
specifications
in
§
63.943(
c),
visually
inspecting
the
cover
in
accordance
with
§
63.946(
b),
repairing
any
defects
as
specified
in
§
63.946(
c),
and
keeping
a
record
of
the
inspection
as
required
in
§
63.947;
Note:
see
item
no.
19
in
this
Table
for
CVS
requirements.

12.
Oil/
water
separator,
or
organic/
water
separator
complying
with
§
63.1042.
install
a
fixed
roof
designed
to
meet
specifications
in
§
63.1042(
b).
performing
the
inspection
required
by
§
63.1047(
a)
once
every
calendar
year,
and
maintaining
the
records
required
by
§
63.1048.

13.
Oil/
water
separator,
or
organic/
water
separator
complying
with
§
63.1043.
install
a
floating
roof
designed
to
meet
specifications
in
§
63.1043(
b).
performing
the
inspections
required
by
§
63.1047(
b),
and
maintaining
the
records
required
by
§
63.1048.

14.
Oil/
water
separator,
or
organic/
water
separator
that
is
complying
with
§
63.1044.
install
a
fixed
roof
designed
to
meet
the
specifications
in
§
63.1044(
b)
and
vent
headspace
to
a
control
device
through
a
CVS.
performing
a
visual
inspection
of
the
fixed
roof
at
least
once
every
calendar
year
under
§
63.1047(
c)(
1)(
ii),
operating,
inspecting
and
monitoring
the
CVS
in
accordance
with
the
requirements
in
§
63.693,
and
keeping
the
records
required
by
§
63.1048.

15.
Oil/
water
separator,
or
organic/
water
separator
that
is
complying
with
§
63.1045.
operate
the
separator
as
a
closed
system
in
accordance
with
the
specifications
in
§
63.1045(
b).
operating
the
separator
as
a
closed­
system
and
performing
the
no
detectable
organic
emissions
test
required
by
§
63.1046.

16.
Piece
of
equipment
complying
with
either
subpart
TT
or
WW
of
this
part.
carry
out
a
leak
detection
and
repair
program
complying
with
the
requirements
of
subpart
TT
(control
level
1)
or
subpart
WW
(control
level
2).
meeting
the
monitoring,
repair
and
recordkeeping
requirements
of
either
subpart
TT
or
subpart
WW.

17.
Affected
source
conveying
emissions
to
a
control
device
using
a
closed­
vent
system
(CVS).
a.
design
and
operate
the
CVS
in
accordance
with
the
specifications
in
§
63.693.
i.
following
the
inspection,
repair
and
monitoring
requirements
in
§
63.695(
c)(
1)
through
(3);
and
ii.
keeping
the
records
required
by
§
63.696(
a).
For
the
purposes
of
this
subpart,
the
term
``
Table
2
of
this
subpart''
in
40
CFR
Part
63
Subpart
DD
means
``
Table
13''.

18.
Transfer
system
that
is
an
individual
drain
system
complying
with
the
applicable
requirements
in
subpart
RR.
a.
meet
the
design
and
operating
requirements
in
§
63.962(
a).
i.
following
the
operating
requirements
in
§
63.962(
b),
the
inspection
and
repair
requirements
in
§
63.964(
a)
and
(b);
and
ii.
keeping
the
records
required
by
§
63.965(
a).
iii.
systems
conveying
emissions
through
a
CVS
to
a
control
device
should
meet
the
requirements
in
item
19
of
this
table.

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49447
Federal
Register
/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
11
TO
SUBPART
GGGGG
OF
PART
63.—
CONTINUOUS
COMPLIANCE
WITH
WORK
PRACTICE
STANDARDS—
Continued
For
each
*
*
For
the
following
work
practice
standard
*
*
*
You
must
demonstrate
continuous
compliance
by
*
*
*

19.
Transfer
system
that
is
not
an
individual
drain
system
and
complies
with
the
requirements
in
§
63.689(
c).
a.
transfer
system
using
covers
in
accordance
with
§
63.689(
d).
i.
following
the
operating
requirements
in
§
63.689(
d)(
5)
and
the
inspection
and
repair
requirements
in
§
63.695(
d);
and
ii.
keeping
the
records
required
by
§
63.696.

Use
the
following
table
to
determine
which
reports
to
submit:

TABLE
12
TO
SUBPART
GGGGG
OF
PART
63.—
REQUIREMENTS
FOR
REPORTS
You
must
submit
a(
n)
*
*
*
The
report
must
contain
*
*
*
You
must
submit
the
report
*
*
*

1.
Compliance
report
........................................
a.
A
statement
that
there
were
no
deviations
from
the
emissions
limitations
and
work
practice
standards
during
the
reporting
period
if
there
are
no
deviations
from
any
emissions
limitations
(emissions
limit,
operating
limit,
opacity
limit,
and
visible
emissions
limit)
that
applies
to
you,
and
there
are
no
deviations
from
the
requirements
for
work
practice
standards
in
Table
11
of
this
subpart
that
apply
to
you.
If
there
were
no
periods
during
which
the
CMS,
including
CEMS,
COMS,
and
operating
parameter
monitoring
systems,
was
out­
of­
control
as
specified
in
§
63.8(
c)(
7),
a
statement
that
there
were
no
periods
during
the
which
the
CMS
was
out­
of­
control
during
the
reporting
period;
and.
i.
Semiannually
according
to
the
requirements
in
§
63.7931(
b).

b.
The
information
in
§
63.7931(
c)
and
(d)
if
you
have
a
deviation
from
any
emissions
limitation
(emissions
limit,
operating
limit,
opacity
limit,
and
visible
emissions
limit)
or
work
practice
standard
during
the
reporting
period;
and.
i.
Semiannually
according
to
the
requirements
in
§
63.7931(
b).

c.
The
information
in
§
63.7931(
c)
and
(d)
if
there
were
periods.
i.
Semiannually
according
to
the
requirements
in
§
63.7931(
b).

2.
immediate
startup,
shutup,
shutdown,
and
malfunction
report
if
you
had
a
startup,
shutdown
or
malfunction
during
the
reporting
period
that
is
not
consistent
with
your
startup
shutdown,
and
malfunction
plan.
a.
Actions
taken
for
the
event
..........................
i.
by
fax
or
telephone
within
2
working
days
after
starting
actions
inconsistent
with
the
plan.

b.
The
information
in
§
63.10(
d)(
5)(
ii)
...............
i.
by
letter
within
7
working
days
after
the
end
of
the
event
unless
you
have
made
alternative
arrangements
with
the
permitting
authority

As
stated
in
§
63.7940,
you
must
comply
with
the
applicable
General
Provisions
requirements
according
to
the
following
table:

TABLE
13
TO
SUBPART
GGGGG
OF
PART
63.—
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
GGGGG
Citation
Subject
Brief
description
Applies
to
subpart
GGGGG
§
63.1
.......................................
Applicability
.............................
Initial
Applicability
Determination;
Applicability
After
Standard
Established;
Permit
Requirements;
Extensions,
Notifications
Yes
§
63.2
.......................................
Definitions
...............................
Definitions
for
part
63
standards
..............................................
Yes.

§
63.3
.......................................
Units
and
Abbreviations
.........
Units
and
abbreviations
for
part
63
standards
........................
Yes.

§
63.4
.......................................
Prohibited
Activities
................
Prohibited
Activities;
Compliance
date;
Circumvention,
Severability
Yes.

§
63.5
.......................................
Construction/
Reconstruction
...
Applicability;
applications;
approvals
.......................................
Yes.

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TABLE
13
TO
SUBPART
GGGGG
OF
PART
63.—
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
GGGGG—
Continued
Citation
Subject
Brief
description
Applies
to
subpart
GGGGG
§
63.6(
a)
..................................
Applicability
.............................
GP
apply
unless
compliance
extension
GP
apply
to
area
sources
that
become
major.
Yes.

§
63.6(
b)(
1)–(
4)
........................
Compliance
Dates
for
New
and
Reconstructed
sources.
Standards
apply
at
effective
date;
3
years
after
effective
date;
upon
startup;
10
years
after
construction
or
reconstruction
commences
for
112(
f).
Yes.

§
63.6(
b)(
5)
..............................
Notification
..............................
Must
notify
if
commenced
construction
or
reconstruction
after
proposal.
Yes.

§
63.6(
b)(
6)
..............................
[Reserved]
..............................
.

§
63.6(
b)(
7)
..............................
Compliance
Dates
for
New
and
Reconstructed
Area
Sources
That
Become
Major.
Area
sources
that
become
major
must
comply
with
major
source
standards
immediately
upon
becoming
major,
regardless
of
whether
required
to
comply
when
they
were
an
area
source.
Yes.

§
63.6(
c)(
1)–(
2)
........................
1.
Compliance
Dates
for
Existing
Sources.
a.
Comply
according
to
date
in
subpart,
which
must
be
no
later
than
3
years
after
effective
date.
.................................................
b.
For
112(
f)
standards,
comply
within
90
days
of
effective
date
unless
compliance
extension.
Yes.

§
63.6(
c)(
3)–(
4)
........................
[Reserved]
..............................
.

§
63.6(
c)(
5)
..............................
Compliance
Dates
for
Existing
Area
Sources
That
Become
Major.
Area
sources
that
become
major
must
comply
with
major
source
standards
by
date
indicated
in
subpart
or
by
equivalent
time
period
(for
example,
3
years).
Yes.

§
63.6(
d)
..................................
[Reserved]
..............................
.

§
63.6(
e)(
1)–(
2)
........................
1.
Operation
&
Maintenance
..
a.
Operate
to
minimize
emissions
at
all
times
.........................
Yes.
b.
Correct
malfunctions
as
soon
as
practicable
......................
Yes.
c.
Operation
and
maintenance
requirements
independently
enforceable;
information
Administrator
will
use
to
determine
if
operation
and
maintenance
requirements
were
met.
Yes.

§
63.6(
e)(
3)
..............................
1.
Startup,
Shutdown,
and
malfunction
Plan
(SSMP).
a.
Requirement
for
SSM
and
startup,
shutdown,
and
Malfunction
plan.
Yes
b.
Content
of
SSMP
.................................................................
Yes.

§
63.6(
f)(
1)
...............................
Compliance
Except
During
SSM.
You
must
comply
with
emissions
standards
at
all
times
except
during
SSM.
Yes.

§
63.6(
f)(
2)–(
3)
.........................
Methods
for
Determining
Compliance.
Compliance
based
on
performance
test,
operation
and
maintenance
plans,
records,
inspection.
Yes.

§
63.6(
g)(
1)–(
3)
........................
Alternative
Standard
...............
Procedures
for
getting
an
alternative
standard
.......................
Yes.

§
63.6(
h)
..................................
Opacity/
Visible
Emissions
(VE)
Standards.
Requirements
for
opacity
and
visible
emissions
limits
............
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
1)
..............................
Compliance
with
opacity/
VE
Standards.
You
must
comply
with
Opacity/
VE
emissions
limitations
at
all
times
except
during
SSM.
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
2)(
i)
...........................
Determining
Compliance
with
Opacity/
VE
Standards.
If
standard
does
not
state
test
method,
use
Method
9
for
opacity
and
Method
22
for
VE.
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
2)(
ii)
..........................
[Reserved].

§
63.6(
h)(
2)(
iii)
.........................
Using
Previous
Tests
to
Demonstrate
Compliance
with
Opacity/
VE
Standards.
Criteria
for
when
previous
opacity/
VE
testing
can
be
used
to
show
compliance
with
this
rule.
Yes.
However,
there
are
no
opacity
standards.

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Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
13
TO
SUBPART
GGGGG
OF
PART
63.—
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
GGGGG—
Continued
Citation
Subject
Brief
description
Applies
to
subpart
GGGGG
§
63.6(
h)(
3)
..............................
[Reserved].

§
63.6(
h)(
4)
..............................
Notification
of
Opacity/
VE
Observation
Date.
Must
notify
Administrator
of
anticipated
date
of
observation
..
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
5)(
i),
(iii)­(
v)
..............
Conducting
Opacity/
VE
Observations
Dates
and
Schedule
for
conducting
opacity/
VE
observations
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
5)(
ii)
..........................
Opacity
Test
Duration
and
Averaging
Times.
Must
have
at
least
3
hours
of
observation
with
thirty,
6­
minute
averages.
No.

§
63.6(
h)(
6)
..............................
Records
of
Conditions
During
Opacity/
VE
observations.
Must
keep
records
available
and
allow
Administrator
to
inspect
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
7)(
i)
...........................
Report
COMS
Monitoring
Data
from
Performance
Test.
Must
submit
COMS
data
with
other
performance
test
data
....
No.

§
63.6(
h)(
7)(
ii)
..........................
Using
COMS
instead
of
Method
9.
Can
submit
COMS
data
instead
of
Method
9
results
even
if
rule
requires
Method
9,
but
must
notify
Administrator
before
performance
test.
No.

§
63.6(
h)(
7)(
iii)
.........................
Averaging
time
for
COMS
during
performance
test.
To
determine
compliance,
must
reduce
COMS
data
to
6­
minute
averages.
No.

§
63.6(
h)(
7)(
iv)
.........................
COMS
requirements
...............
Owner/
operator
must
demonstrate
that
COMS
performance
evaluations
are
conducted
according
to
§§
63.8(
e),
COMS
are
properly
maintained
and
operated
according
to
63.8(
c)
and
data
quality
as
§
63.8(
d).
No.

§
63.6(
h)(
7)(
v)
..........................
Determining
Compliance
with
Opacity/
VE
Standards.
COMS
is
probative
but
not
conclusive
evidence
of
compliance
with
opacity
standard,
even
if
Method
9
observation
shows
otherwise.
Requirements
for
COMS
to
be
probative
evidence­
proper
maintenance,
meeting
PS
1,
and
data
have
not
been
altered.
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
8)
..............................
Determining
Compliance
with
Opacity/
VE
Standards.
Administrator
will
use
all
COMS,
Method
9,
and
Method
22
results,
as
well
as
information
about
operation
and
maintenance
to
determine
compliance.
Yes.
However,
there
are
no
opacity
standards.

§
63.6(
h)(
9)
..............................
Adjusted
Opacity
Standard
.....
Procedures
for
Administrator
to
adjust
an
opacity
standard
...
No.

§
63.6(
i)(
1)–(
14)
.......................
Compliance
Extension
............
Procedures
and
criteria
for
Administrator
to
grant
compliance
extension.
Yes.

§
63.6(
j)
...................................
Presidential
Compliance
Exemption
President
may
exempt
source
category
from
requirement
to
comply
with
rule.
Yes.

§
63.7(
a)(
1)–(
2)
........................
Performance
Test
Dates
........
Dates
for
Conducting
Initial
Performance
Testing
and
Other
Compliance
Demonstrations.
Must
conduct
180
days
after
first
subject
to
rule.
Yes.

§
63.7(
a)(
3)
..............................
Section
114
Authority
.............
Administrator
may
require
a
performance
test
under
CAA
Section
114
at
any
time.
Yes.

§
63.7(
b)(
1)
..............................
Notification
of
Performance
Test.
Must
notify
Administrator
60
days
before
the
test
...................
Yes.

§
63.7(
b)(
2)
..............................
Notification
of
Rescheduling
...
If
rescheduling
a
performance
test
is
necessary,
must
notify
Administrator
5
days
before
scheduled
date
of
rescheduled
date.
Yes.

§
63.7(
c)
..................................
1.
Quality
Assurance/
Test
Plan.
a.
Requirement
to
submit
site­
specific
test
plan
60
days
before
the
test
or
on
date
Administrator
agrees
with:.
Yes.

i.
Test
plan
approval
procedures
.............................................
Yes.

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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
13
TO
SUBPART
GGGGG
OF
PART
63.—
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
GGGGG—
Continued
Citation
Subject
Brief
description
Applies
to
subpart
GGGGG
ii.
Performance
audit
requirements
..........................................
Yes.
iii.
Internal
and
External
QA
procedures
for
testing
................
Yes.

§
63.7(
d)
..................................
Testing
Facilities
.....................
Requirements
for
testing
facilities
............................................
Yes.

§
63.7(
e)(
1)
..............................
Conditions
for
Conducting
Performance
Tests.
Performance
tests
must
be
conducted
under
representative
conditions.
Cannot
conduct
performance
tests
during
SSM.
Not
a
violation
to
exceed
standard
during
SSM.
Yes.

§
63.7(
e)(
2)
..............................
Conditions
for
Conducting
Performance
Tests.
Must
conduct
according
to
rule
and
EPA
test
methods
unless
Administrator
approves
alternative.
Yes.

§
63.7(
e)(
3)
..............................
1.
Test
Run
Duration
..............
a.
Must
have
three
test
runs
of
at
least
one
hour
each
..........
Yes.
b.
Complaince
is
based
on
arithmetic
mean
of
three
runs
.....
Yes.
c.
Conditions
when
data
from
an
additional
test
run
can
be
used.
Yes.

§
63.7(
f)
...................................
Alternative
Test
Method
.........
Procedures
by
which
Administrator
can
grant
approval
to
use
an
alternative
test
method.
Yes.

§
63.7(
g)
..................................
1.
Performance
Test
Data
Analysis.
a.
Must
include
raw
data
in
performance
test
report
...............
Yes.

b.
Must
submit
performance
test
data
60
days
after
end
of
test
with
the
Notification
of
Compliance
Status.
Yes.

c.
Keep
data
for
5
years
..........................................................
Yes.

§
63.7(
h)
..................................
Waiver
of
Tests
......................
Procedures
for
Administrator
to
waive
performance
test
........
Yes.

§
63.8(
a)(
1)
..............................
Applicability
of
Monitoring
Requirements
Subject
to
all
monitoring
requirements
in
standard
.................
Yes.

§
63.8(
a)(
2)
..............................
Performance
Specifications
....
Performance
Specifications
in
appendix
B
of
part
60
apply
...
Yes.

§
63.8(
a)(
3)
..............................
[Reserved].

§
63.8(
a)(
4)
..............................
Monitoring
with
Flares
............
Unless
your
rule
says
otherwise,
the
requirements
for
flares
in
63.11
apply.
Yes.

§
63.8(
b)(
1)
..............................
Monitoring
...............................
Must
conduct
monitoring
according
to
standard
unless
Administrator
approves
alternative.
Yes.

§
63.8(
b)(
2)–(
3)
........................
1.
Multiple
Effluents
and
Multiple
Monitoring
Systems.
a.
Specific
requirements
for
installing
monitoring
systems
.....
Yes.

b.
Must
install
on
each
effluent
before
it
is
combined
and
before
it
is
released
to
the
atmosphere
unless
Administrator
approves
otherwise.
Yes.

c.
If
more
than
one
monitoring
system
on
an
emissions
point,
must
report
all
monitoring
system
results,
unless
one
monitoring
system
is
a
backup.
Yes.

§
63.8(
c)(
1)
..............................
Monitoring
System
Operation
and
Maintenance.
Maintain
monitoring
system
in
a
manner
consistent
with
good
air
pollution
control
practices.
Yes.

§
63.8(
c)(
1)(
i)
...........................
Routine
and
Predictable
SSM
Follow
the
SSM
plan
for
routine
repairs.
Keep
parts
for
routine
repairs
readily
available.
Reporting
requirements
for
SSM
when
action
is
described
in
SSM
plan.
Yes.

§
63.8(
c)(
1)(
ii)
..........................
SSM
not
in
SSMP
..................
Reporting
requirements
for
SSM
when
action
is
not
described
in
SSM
plan.
Yes.

§
63.8(
c)(
1)(
iii)
.........................
1.
Compliance
with
Operation
and
Maintenance
Requirements
a.
How
Administrator
determines
if
source
complying
with
operation
and
maintenance
requirements.
Yes.

b.
Review
of
source
O&
M
procedures,
records,
Manufacturer's
instructions,
recommendations,
and
inspection
of
monitoring
system.
Yes.

§
63.8(
c)(
2)–(
3)
........................
1.
Monitoring
System
Installation
a.
Must
install
to
get
representative
emissions
and
parameter
measurements.
Yes.

b.
Must
verify
operational
status
before
or
at
performance
test.
Yes.

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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
13
TO
SUBPART
GGGGG
OF
PART
63.—
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
GGGGG—
Continued
Citation
Subject
Brief
description
Applies
to
subpart
GGGGG
§
63.8(
c)(
4)
..............................
Continuous
Monitoring
System
(CMS)
Requirements.
CMS
must
be
operating
except
during
breakdown,
out­
ofcontrol
repair,
maintenance,
and
high­
level
calibration
drifts.
No.

§
63.8(
c)(
4)(
i)–(
ii)
.....................
Continuous
Monitoring
System
(CMS)
Requirements.
COMS
must
have
a
minimum
of
one
cycle
of
sampling
and
analysis
for
each
successive
10­
second
period
and
one
cycle
of
data
recording
for
each
successive
6­
minute
period
CEMS
must
have
a
minimum
of
one
cycle
of
operation
for
each
successive
15­
minute
period.
Yes.
However,
COMS
are
not
applicable
Requirements
for
CPMS
are
listed
§§
63.7900
and
63.7913.

§
63.8(
c)(
5)
..............................
COMS
Minimum
Procedures
..
COMS
minimum
procedures
....................................................
No.

§
63.8(
c)(
6)
..............................
CMS
Requirements
................
Zero
and
High
level
calibration
check
requirements
...............
Yes.
However
requirements
for
CPMS
are
addressed
in
§§
63.7900
and
63.7913.

§
63.8(
c)(
7)–(
8)
........................
CMS
Requirements
................
Out­
of­
control
periods,
including
reporting
...............................
Yes.

§
63.8(
d)
..................................
CMS
Quality
Control
...............
Requirements
for
CMS
quality
control,
including
calibration,
etc.
Must
keep
quality
control
plan
on
record
for
5
years.
Keep
old
versions
for
5
years
after
revisions.
Yes.

§
63.8(
e)
..................................
CMS
Performance
Evaluation
Notification,
performance
evaluation
test
plan,
reports
...........
Yes.

§
63.8(
f)(
1)–(
5)
.........................
Alternative
Monitoring
Method
Procedures
for
Administrator
to
approve
alternative
monitoring
Yes.

§
63.8(
f)(
6)
...............................
Alternative
to
Relative
Accuracy
Test.
Procedures
for
Administrator
to
approve
alternative
relative
accuracy
tests
for
CEMS.
No.

§
63.8(
g)(
1)–(
4)
........................
Data
Reduction
.......................
COMS
60­
minute
averages
Calculated
over
at
least
36
evenly
spaced
data
points.
CEMS
1­
hour
averages
computed
over
at
least
4
equally
spaced
data
points.
Yes.
However,
COMS
are
not
applicable
Requirements
for
CPMS
are
addressed
in
§§
63.7900
and
63.7913.

§
63.8(
g)(
5)
..............................
Data
Reduction
.......................
Data
that
can't
be
used
in
computing
averages
for
CEMS
and
COMS.
No.

§
63.9(
a)
..................................
Notification
Requirements
......
Applicability
and
State
Delegation
...........................................
Yes.

§
63.9(
b)(
1)–(
5)
........................
1.
Initial
Notifications
..............
a.
Submit
notification
120
days
after
effective
date.
...............
Yes.
b.
Notification
of
intent
to
construct/
reconstruct;
Notification
of
commencement
of
construct/
reconstruct;
Notification
of
startup.
Yes.

c.
Contents
of
each
..................................................................
Yes.

§
63.9(
c)
..................................
Request
for
Compliance
Extension
Can
request
if
cannot
comply
by
date
or
if
installed
BACT/
LAER.
Yes.

§
63.9(
d)
..................................
Notification
of
Special
Compliance
Requirements
for
New
Source.
For
sources
that
commence
construction
between
proposal
and
promulgation
and
want
to
comply
3
years
after
effective
date.
Yes.

§
63.9(
e)
..................................
Notification
of
Performance
Test.
Notify
Administrator
60
days
prior
...........................................
Yes.

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PART
63.—
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
GGGGG—
Continued
Citation
Subject
Brief
description
Applies
to
subpart
GGGGG
§
63.9(
f)
...................................
Notification
of
VE/
Opacity
Test
Notify
Administrator
30
days
prior
...........................................
No.

§
63.9(
g)
..................................
Additional
Notifications
When
Using
CMS.
Notification
of
performance
evaluation;
notification
using
COMS
data;
notification
that
exceeded
criterion
for
relative
accuracy.
Yes.
However,
there
are
no
opacity
standards.

§
63.9(
h)(
1)–(
6)
........................
Notification
of
Compliance
Status.
Contents;
Due
60
days
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.
Yes.

§
63.9(
i)
...................................
Adjustment
of
Submittal
Deadlines
Procedures
for
Administrator
to
approve
change
in
when
notifications
must
be
submitted.
Yes.

§
63.9(
j)
...................................
Change
in
Previous
Information
Must
submit
within
15
days
after
the
change
..........................
Yes.

§
63.10(
a)
................................
1.
Recordkeeping/
Reporting
...
a.
Applies
to
all,
unless
compliance
extension
........................
Yes.
b.
When
to
submit
to
Federal
vs.
State
authority
....................
Yes.
c.
Procedures
for
owners
of
more
than
1
source
....................
Yes.

§
63.10(
b)(
1)
............................
1.
Recordkeeping/
Reporting
...
a.
General
Requirements
.........................................................
Yes..
b.
Keep
all
records
readily
available
........................................
Yes.
c.
Keep
for
5
years
..................................................................
Yes.

§
63.10(
b)(
2)(
i)–(
iv)
..................
1.
Records
related
to
Startup,
Shutdown,
and
Malfunction.
a.
Occurrence
of
each
of
operation
(process
equipment)
.......
Yes.

b.
Occurrence
of
each
malfunction
of
air
pollution
equipment
Yes.
c.
Maintenance
on
air
pollution
control
equipment
..................
Yes.
d.
Actions
during
startup,
shutdown,
and
malfunction
.............
Yes.

§
63.10(
b)(
2)(
vi)
and
(x)–(
xi)
...
1.
CMS
Records
.....................
a.
Malfunctions,
inoperative,
out­
of­
control
..............................
Yes.
b.
Calibration
checks
................................................................
Yes.
c.
Adjustments,
maintenance
...................................................
Yes.

§
63.10(
b)(
2)(
vii)–(
ix)
...............
1.
Records
..............................
a.
Measurements
to
demonstrate
compliance
with
emissions
limitations.
Yes.

b.
Performance
test,
performance
evaluation,
and
visible
emissions
observation
results.
Yes.

c.
Measurements
to
determine
conditions
of
performance
tests
and
performance
evaluations.
Yes.

§
63.10(
b)(
2)(
xii)
......................
Records
..................................
Records
when
under
waiver
....................................................
Yes.

§
63.10(
b)(
2)(
xiii)
.....................
Records
..................................
Records
when
using
alternative
to
relative
accuracy
test
.......
No.

§
63.10(
b)(
2)(
xiv)
.....................
Records
..................................
All
documentation
supporting
Initial
Notification
and
Notification
of
Compliance
Status.
Yes.

§
63.10(
b)(
3)
............................
Records
..................................
Applicability
Determinations
.....................................................
Yes.

§
63.10(
c)
................................
Records
..................................
Additional
Records
for
CMS
....................................................
No.

§
63.10(
d)(
1)
............................
General
Reporting
Requirements
Requirement
to
report
..............................................................
Yes.

§
63.10(
d)(
2)
............................
Report
of
Performance
Test
Results.
When
to
submit
to
Federal
or
State
authority
.........................
Yes.

§
63.10(
d)(
3)
............................
Reporting
Opacity
or
VE
Observations
What
to
report
and
when
.........................................................
No.

§
63.10(
d)(
4)
............................
Progress
Reports
....................
Must
submit
progress
reports
on
schedule
if
under
compliance
extension.
Yes.

§
63.10(
d)(
5)
............................
Startup,
Shutdown,
and
Malfunction
Reports.
Contents
and
submission
.........................................................
Yes.

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/
Vol.
67,
No.
146
/
Tuesday,
July
30,
2002
/
Proposed
Rules
TABLE
13
TO
SUBPART
GGGGG
OF
PART
63.—
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
GGGGG—
Continued
Citation
Subject
Brief
description
Applies
to
subpart
GGGGG
§
63.10(
e)(
1)–(
2)
.....................
Additional
CMS
Reports
.........
Must
report
results
for
each
CEM
on
a
unit;
written
copy
of
performance
evaluation;
3
copies
of
COMS
performance
evaluation.
Yes.
However,
COMS
are
not
applicable

§
63.10(
e)(
3)
............................
Reports
...................................
Excess
Emissions
Reports
......................................................
No.

§
63.10(
e)(
3)(
i)–(
iii)
..................
Reports
...................................
Schedule
for
reporting
excess
emissions
and
parameter
monitor
exceedance
(now
defined
as
deviations).
No.

§
63.10(
e)(
3)(
iv)–(
v)
.................
1.
Excess
Emissions
Reports
a.
Requirement
to
revert
to
quarterly
submission
if
there
is
an
excess
emissions
and
parameter
monitor
exceedance
(now
defined
as
deviations)..
No.

b.
Provision
to
request
semiannual
reporting
after
compliance
for
one
year.
No.

c.
Submit
report
by
30th
day
following
end
of
quarter
or
calendar
half.
No.

d.
If
there
has
not
been
an
exceedance
or
excess
emissions
(now
defined
as
deviations),
report
contents
is
a
statement
that
there
have
been
no
deviations.
No.

§
63.10(
e)(
3)(
iv)–(
v)
.................
Excess
Emissions
Reports
.....
Must
submit
report
containing
all
of
the
information
in
§
63.10(
c)(
5–
13),
§
63.8(
c)(
7–
8).
No.

§
63.10(
e)(
3)(
vi)–(
viii)
..............
Excess
Emissions
Report
and
Summary
Report.
Requirements
for
reporting
excess
emissions
for
CMSs
(now
called
deviations).
Requires
all
of
the
information
in
§
63.10(
c)(
5–
13),
§
63.8(
c)(
7–
8).
No.

§
63.10(
e)(
4)
............................
Reporting
COMS
data
............
Must
submit
COMS
data
with
performance
test
data
.............
No.

§
63.10(
f)
.................................
Waiver
for
Recordkeeping/
Reporting
Procedures
for
Administrator
to
waive
.....................................
Yes.

§
63.11
.....................................
Flares
......................................
Requirements
for
flares
............................................................
Yes.

§
63.12
.....................................
Delegation
...............................
State
authority
to
enforce
standards
........................................
Yes.

§
63.13
.....................................
Addresses
...............................
Addresses
where
reports,
notifications,
and
requests
are
sent.
Yes.

§
63.14
.....................................
Incorporation
by
Reference
....
Test
methods
incorporated
by
reference
.................................
Yes.

§
63.15
.....................................
Availability
of
Information
.......
Public
and
confidential
information
..........................................
Yes.

[FR
Doc.
02–
17360
Filed
7–
29–
02;
8:
45
am]

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