6560­
50­
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
63
and
65
[
EPA­
HQ­
OAR­
2004­
0094;
FRL­
]

RIN
2060­
AM89
National
Emission
Standards
for
Hazardous
Air
Pollutants:
General
Provisions
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Final
rule;
amendments.

SUMMARY:
This
action
promulgates
amendments
to
certain
aspects
of
startup,
shutdown,
and
malfunction
(
SSM)

requirements
affecting
sources
subject
to
the
national
emission
standards
for
hazardous
air
pollutants
(
NESHAP)
in
response
to
a
July
29,
2003
petition
to
reconsider
certain
aspects
of
amendments
to
the
NESHAP
General
Provisions
published
on
May
30,
2003.

EFFECTIVE
DATE:
This
final
rule
is
effective
on
[
INSERT
DATE
OF
PUBLICATION
OF
FINAL
RULE
AMENDMENTS
IN
THE
FEDERAL
REGISTER].

ADDRESSES:
The
EPA
has
established
a
docket
for
this
action
under
Docket
ID
No.
EPA­
HQ­
OAR­
2004­
0094.
All
documents
in
the
docket
are
listed
on
the
www.
regulations.
gov
web
site.
Although
listed
in
the
2
index,
some
information
may
not
be
publicly
available,

i.
e.,
confidential
business
information
or
other
information
whose
disclosure
is
restricted
by
statute.

Certain
other
material,
such
as
copyrighted
material,
is
not
placed
on
the
Internet
and
will
be
publicly
available
only
in
hard
copy
form.
Publicly
available
docket
materials
are
available
either
electronically
through
www.
regulations.
gov
or
in
hard
copy
at
the
EPA
Docket
Center,
Docket
ID
No.
EPA­
HQ­
OAR­
2004­
0094,
EPA
West,
Room
B­
102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,

Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Public
Reading
Room
is
(
202)
566­

1744,
and
the
telephone
number
for
the
EPA
Docket
Center
is
(
202)
566­
1742.

FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Rick
Colyer,
U.
S.
EPA
Office
of
Air
Quality
Planning
and
Standards,
Sector
Policies
and
Programs
Division,
Program
Design
Group
(
C504­

05),
Research
Triangle
Park,
NC
27711;
telephone
number
(
919)
541­
5262;
fax
number
(
919)
541­
5600;
e­
mail
address:

colyer.
rick@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
3
Regulated
Entities.
Categories
and
entities
potentially
regulated
by
this
action
include
sources
in
all
source
categories
regulated
under
40
CFR
parts
63
and
65
that
must
develop
a
startup,
shutdown,
and
malfunction
plan.

Worldwide
Web
(
WWW).
In
addition
to
being
available
in
the
docket,
an
electronic
copy
of
today's
final
rule
amendments
will
also
be
available
on
the
WWW
through
the
Technology
Transfer
Network
(
TTN).
Following
signature,
a
copy
of
this
action
will
be
posted
on
the
TTN's
policy
and
guidance
page
for
newly
promulgated
rules
at
http://
www.
epa.
gov/
ttn/
oarpg.
The
TTN
provides
information
and
technology
exchange
in
various
areas
of
air
pollution
control.

Judicial
Review.
Under
section
307(
b)(
1)
of
the
Clean
Air
Act
(
CAA),
judicial
review
of
the
final
rule
amendments
is
available
only
by
filing
a
petition
for
review
in
the
U.
S.

Court
of
Appeals
for
the
District
of
Columbia
Circuit
by
[
INSERT
DATE
60
DAYS
AFTER
DATE
OF
PUBLICATION
OF
THE
FINAL
RULE
AMENDMENTS
IN
THE
FEDERAL
REGISTER].
Under
section
307(
d)(
7)(
B)
of
the
CAA,
only
an
objection
to
the
final
rule
amendments
that
was
raised
with
reasonable
specificity
during
the
period
for
public
comment
can
be
raised
during
judicial
review.
Moreover,
under
section
307(
b)(
2)
of
the
4
CAA,
the
requirements
established
by
the
final
rule
amendments
may
not
be
challenged
separately
in
any
civil
or
criminal
proceeding
brought
by
EPA
to
enforce
these
requirements.

Outline.
The
information
presented
in
this
preamble
is
organized
as
follows:

I.
General
Information
II.
Summary
of
Final
Amendments
III.
Responses
to
Comments
IV.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
B.
Paperwork
Reduction
Act
C.
Regulatory
Flexibility
Act
D.
Unfunded
Mandates
Reform
Act
E.
Executive
Order
13132:
Federalism
F.
Executive
Order
13175:
Consultation
and
Coordination
with
Indian
Tribal
Governments
G.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
and
Safety
Risks
H.
Executive
Order
13211:
Actions
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
I.
National
Technology
Transfer
Advancement
Act
J.
Congressional
Review
Act
II.
Summary
of
Final
Amendments
The
NESHAP
General
Provisions
were
first
promulgated
on
March
16,
1994
(
59
FR
12408).
We
subsequently
proposed
a
variety
of
amendments
to
the
initial
rule
based
in
part
on
settlement
negotiations
with
industrial
trade
organizations,
which
had
sought
judicial
review
of
the
rule,
and
in
part
on
our
practical
experience
in
developing
and
implementing
NESHAP,
also
known
as
maximum
achievable
5
control
technology
(
MACT)
standards,
under
the
General
Provisions
(
66
FR
16318;
March
23,
2001).
We
then
promulgated
final
amendments
to
the
General
Provisions
pursuant
to
that
proposal
(
67
FR
16582;
April
5,
2002).

On
April
25,
2002,
Sierra
Club
filed
a
petition
seeking
judicial
review
of
those
final
amendments,
Sierra
Club
v.
U.
S.
Environmental
Protection
Agency,
No.
02­
1135
(
DC
Circuit).
The
Sierra
Club
also
filed
a
petition
seeking
administrative
reconsideration
of
certain
provisions
in
the
final
amendments,
pursuant
to
Clean
Air
Act
(
CAA)
section
307(
d)(
7)(
B).

Shortly
after
the
filing
of
the
petition,
EPA
commenced
discussions
with
the
Sierra
Club
concerning
a
settlement
agreement.
We
reached
initial
agreement
with
the
Sierra
Club
on
the
terms
of
a
settlement
and
lodged
the
tentative
agreement
with
the
court
on
August
15,
2002,

under
which
we
agreed
to
propose
a
rule
to
make
specified
amendments
to
the
General
Provisions.

Following
execution
of
the
final
settlement
agreement,

we
published
proposed
amendments
effectuating
its
terms
(
67
FR
72875;
December
9,
2002).
Most
of
the
General
Provisions
amendments
dealt
with
clarifying
the
general
duty
to
minimize
emissions
and
its
relationship
to
the
6
startup,
shutdown,
and
malfunction
(
SSM)
plans
required
under
40
CFR
63.6(
e)(
3).

We
issued
final
amendments
(
68
FR
32586;
May
30,
2003)

that
require
that
a
source
must
promptly
submit
a
copy
of
its
plan
to
its
permitting
authority
if
and
when
the
permitting
authority
requests
that
the
plan
be
submitted.

The
final
amendments
also
require
the
permitting
authority
to
obtain
a
copy
of
the
plan
from
a
facility
if
a
member
of
the
public
makes
a
specific
and
reasonable
request
to
examine
or
receive
a
copy.
We
noted
that
the
permitting
authority
should
work
with
the
requester
to
clarify
any
request
if
it
is
overly
broad
or
insufficiently
specific.

After
promulgation
of
the
amendments,
the
NRDC
petitioned
EPA
on
July
29,
2003,
under
section
307(
d)(
7)(
D)

of
the
CAA,
to
reconsider
the
public
access
aspects
of
the
SSM
plan
provisions.
Specifically,
NRDC
opposed
the
criteria
for
the
public
to
access
SSM
plans,
i.
e.,
that
a
plan
may
be
obtained
only
if
the
request
is
"
specific
and
reasonable."
The
NRDC
concluded
that
the
final
amendments
allow
the
Administrator
to
block
a
citizen's
access
to
SSM
plans
just
by
declaring
the
request
not
"
specific
and
reasonable."
7
On
July
29,
2005
(
70
FR
43992),
we
announced
our
reconsideration
of
these
issues
arising
from
the
final
amendments
of
May
30,
2003,
regarding
SSM
plans,
and
proposed
additional
amendments
to
the
General
Provisions
and
conforming
amendments
to
other
parts
63
and
65
subparts.
Today's
notice
responds
to
comments
on
the
July
29,
2005
proposal
and
promulgates
final
rule
amendments.

The
final
amendments
allow
sources
additional
flexibility
to
address
emissions
during
periods
of
SSM
by
removing
the
requirement
that
the
SSM
plan
must
be
followed
during
such
periods.
This
in
no
way
alters
the
obligation
and
requirement
set
out
at
40
CFR
63.6(
e)(
1)(
i)
that
source
owners
or
operators
"
minimize
emissions"
at
all
times,

including
periods
of
SSM.
Root
cause
analysis
of
excess
emissions
events
may
generally
be
the
most
effective
means
in
many
industry
sectors
to
assist
a
source
in
meeting
its
regulatory
obligation
to
minimize
emissions
at
all
times
including
during
periods
of
SSM.
Appropriately
conducted
root
cause
analysis
should
determine
the
fundamental
cause
of
an
excess
emissions
event,
and
identify
the
steps
and
corrective
action
necessary
to
ensure
that
the
excess
emission
does
not
arise
again.
Through
this
process,
we
have
determined
that
fewer
and
fewer
excess
emission
events
8
occur
over
time.
Thus,
performing
a
root
cause
or
similar
analysis
and
implementing
corrective
action
may
often
be
relevant
in
determining
whether
a
source
has
met
the
good
air
pollution
control
measures
standard.
The
final
amendments
do
not
change
the
current
approach
to
minimizing
emissions
during
periods
of
SSM,
and
we
do
not
expect
owners
or
operators
to
behave
any
differently
than
before,

assuming
that
owners
and
operators
are
in
fact
implementing
good
air
pollution
control
practices.

We
fully
expect
owners
or
operators
to
follow
their
SSM
plans
during
periods
of
SSM.
Although
we
are
removing
the
requirement
that
owners
and
operators
follow
the
SSM
plan,
owners
or
operators
are
still
required
to
minimize
emissions
and
to
keep
records
of
and
report
actions
taken
during
SSM
periods
to
minimize
emissions
whenever
there
is
an
exceedance
of
an
emissions
limit
(
or
a
potential
exceedance
in
the
case
of
a
malfunction).
(
See
discussion
of
recordkeeping
and
recording
requirements
below.)
We
expect
few
owners
or
operators
to
deviate
from
their
plans,

and
only
when
necessary
due
to
unanticipated
types
of
malfunctions,
emergencies
that
are
not
amenable
to
strict
adherence
to
the
plan
at
the
time,
safety
considerations
that
preclude
following
the
plan
as
written,
or
when
9
emissions
can
be
better
minimized
by
taking
steps
that
are
different
from
those
set
forth
in
the
plan.
Even
then,
the
owner
or
operator
must
report
such
deviations
and
demonstrate
how
emissions
were
minimized
when
the
plan
was
not
followed.
This
is
consistent
with
the
prior
provisions,
except
that
deviation
from
the
plan
is
no
longer
a
violation
of
the
SSM
requirements
of
the
General
Provisions
regulations.
This
change
has
been
made
in
all
the
parts
63
and
65
subparts
that
had
previously
required
the
plan
to
be
followed.
This
change
is
expected
to
have
no
impact
on
emissions
or
actions
taken
by
sources
during
periods
of
SSM.

We
are
also
removing
the
requirement
that
the
Administrator
obtain
a
copy
of
a
source's
SSM
plan
whenever
requested
by
a
member
of
the
public.
EPA's
position
is
that
SSM
plans
should
not
be
viewed
as
compliance
plans
under
section
502(
b)(
8)
or
503(
c)
of
the
Clean
Air
Act
or
under
EPA's
Title
V
regulations
at
40
CFR
70.5(
c)(
8).
This
is
the
most
reasonable
interpretation
of
those
statutory
and
regulatory
provisions
and
is
consistent
with
EPA's
position
on
implementation
issues
associated
with
SSM
plan
10
requirements
discussed
in
more
detail
in
the
response
to
comment
section
below.
1
The
definition
of
"
compliance
schedule"
in
§
501(
3)
of
the
CAA
equates
"
schedule
of
compliance"
to
"
schedule
of
remedial
measures."
Nothing
in
this
definition
or
in
any
other
provision
of
the
CAA
suggests
that
SSM
plans
must
be
considered
"
compliance
plans."
In
fact,
the
definition
of
compliance
schedule
suggests
that
the
primary
purpose
of
"
compliance
schedules"
and
"
compliance
plans"
is
to
set
out
measures
to
be
taken
to
remedy
noncompliance.
EPA's
title
V
regulations
at
40
CFR
70.5(
c)(
8),
which
describe
what
is
to
be
included
in
a
compliance
plan,
further
support
the
reasonableness
of
EPA's
view
that
SSM
plans
should
not
be
considered
compliance
plans.
Those
regulations
provide
that
a
compliance
plan
must
include
a
description
of
the
compliance
status
of
the
source,
a
statement
that
the
source
will
continue
to
comply
with
applicable
requirements
1
In
the
preamble
to
the
proposal,
we
suggested
that
EPA
does
not
have
the
authority
to
treat
SSM
plans
as
compliance
plans
or
to
require
permitting
authorities
to
make
such
plans
available
to
the
public.
(
70
FR
43994­
95;
July
29,
2005).
Upon
further
consideration,
we
believe
that
the
term
"
compliance
plan"
is
somewhat
ambiguous.
However,
for
the
reasons
set
forth
below
and
in
the
response
to
comment
section,
we
believe
that
an
interpretation
that
SSM
plans
are
not
compliance
plans
is
reasonable
and
appropriate.
11
and,
if
the
source
is
not
in
compliance
with
an
applicable
requirement,
a
narrative
describing
how
compliance
will
be
achieved.
SSM
plans
serve
a
purpose
different
from
that
of
compliance
plans
(
see
discussion
below)
and
do
not
include
the
components
described
above
that
are
required
in
compliance
plans.
Thus,
EPA's
position
that
SSM
plans
are
not
compliance
plans
is
reasonable.

The
public
may
obtain
a
copy
of
any
plan
obtained
by
the
Administrator
from
a
source.
This
includes
any
permitting
authority
(
state
or
local
agency)
that
has
been
delegated
the
authority
to
enforce
standards
under
parts
63
and
65.
Under
the
amendments,
any
permitting
authority
with
delegation
will
still
have
the
discretion
to
obtain
plans
requested
by
the
public,
but
will
not
be
required
to
do
so.
Plans
available
to
the
public
will
have
confidential
business
information
removed.
Startup,

shutdown,
and
malfunction
plans
are
similar
to
the
risk
management
plans
prepared
under
section
112(
r)
to
prevent
accidental
releases
of
HAP
and
may
likely
contain
information
that
is
protected
as
CBI
or
that
may
be
sensitive
from
a
security
standpoint.
For
these
reasons,

many
facilities
are
reluctant
to
provide
the
details
of
their
plans
and
permitting
authorities
are
reluctant
to
12
request
them
except
when
necessary.
While
these
plans
may
be
redacted
prior
to
public
release
to
remove
sensitive
security
information
or
CBI,
this
imposes
additional
burden
on
both
the
facilities
and
the
permitting
agencies.
Thus
we
believe
the
limitation
we
are
imposing
in
the
final
rule
strikes
a
reasonable
balance
between
the
public's
right
to
know,
protection
against
acts
of
terrorism,
and
protection
of
a
facility's
CBI.

To
judge
whether
the
plan
is
adequate,
EPA
and
citizens
may
need
access
to
the
plans
of
other
members
of
the
same
or
similar
industry
sector,
in
order
to
see
what
other
actors
are
doing
to
address
these
excess
emissions
events.
Consequently,
wherever
appropriate,
EPA
and
permitting
authorities
can
and
should
generally
make
SSM
plans
available
to
the
public,
upon
reasonable
request.

The
amendments
also
make
clarifying
edits
that
reporting
and
recordkeeping
is
only
required
when
a
startup
or
shutdown
causes
the
applicable
emission
standards
to
be
exceeded,
and
for
any
occurrence
of
malfunction
which
also
includes
potential
exceedances2
and
that
such
recordkeeping
2
A
malfunction
is
defined
as
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
and
monitoring
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
13
and
reporting
shall
include
information
on
actions
taken
during
such
periods
of
SSM
to
minimize
emissions
in
conformance
with
§
63.6(
e)(
1)(
i).
When
such
actions
are
consistent
with
the
plan
the
report
can
include
a
checklist,
as
is
currently
allowed
for
recordkeeping.

Reports
would
allow
a
member
of
the
public
to
review
the
actions
taken
and
whether
or
not
they
conform
to
the
general
duty
to
minimize
emissions.
We
are
also
revising
the
definitions
for
malfunction
throughout
parts
63
and
65
in
various
subparts
for
consistency
with
the
previously
revised
definition
in
the
General
Provisions.

III.
Responses
to
Comments
General
Comment:
One
commenter
thought
EPA
should
not
have
considered
petitions
from
parties
who
did
not
participate
in
previous
rulemakings,
and
that
EPA
should
have
denied
NRDC's
petition
for
reconsideration.

Response:
The
EPA
granted
reconsideration
on
a
narrow
issue
and
has
properly
followed
Section
307(
d)
of
the
CAA.

Enforcement
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
14
Comment:
Several
commenters
were
concerned
that
the
amendments
would
render
the
SSM
provisions
essentially
unenforceable.
They
felt
that
removal
of
the
requirement
to
follow
the
plan
would
allow
owners
or
operators
to
do
anything
they
want
during
SSM
periods
with
no
accountability
and
will
lead
to
increases
in
emissions
if
the
plan
is
not
followed.
More
specifically,
Sierra
Club
asserts
that
section
314
of
the
CAA
guarantees
a
citizen's
right
to
enforce
CAA
requirements
and
that
section
504(
a)

of
the
CAA
requires
that
title
V
permits
contain
enforceable
limits
and
standards
and
conditions
necessary
to
assure
compliance.
Sierra
Club
alleges
that
if
the
requirement
that
a
source
implement
its
SSM
plan
is
eliminated,
there
would
be
no
means
by
which
to
measure
a
source's
compliance
with
the
general
duty
to
minimize
emissions.
Sierra
Club
further
argues
that
without
the
ability
to
measure
a
source's
actions
during
an
SSM
event
against
that
source's
SSM
plans,
the
public
can't
enforce
the
general
duty
requirement.

Sierra
Club
also
asserts
that
proving
a
violation
of
the
general
duty
standard
would
be
virtually
impossible
given
the
vagueness
of
the
standard.
Sierra
Club
argues
that
EPA's
proposed
scheme
renders
the
MACT
standard
15
unenforceable
because
if
the
SSM
plan
is
not
incorporated
into
the
title
V
permit
as
a
requirement,
there
will
be
no
information
in
the
title
V
permit
indicating
when
the
limit
applies.
Sierra
Club
believes
that
EPA's
seeks
to
create
a
system
in
which
adherence
to
plan
can
be
used
as
a
defense,

but
failure
to
follow
a
plan
is
not
a
violation.

Comments
submitted
by
Tulane
Environmental
Law
Clinic
on
behalf
of
St.
Benard
Citizens
for
Environmental
Quality
and
Louisiana
Bucket
Brigade
argue
that
the
requirement
to
develop
an
SSM
plan
is
(
even
under
EPA's
proposal)
an
applicable
requirement
and
that
the
only
way
to
assure
compliance
with
this
applicable
requirement
is
to
require
that
it
be
submitted
to
the
regulatory
agency
and
be
available
to
the
public.

Response:
As
summarized
in
the
previous
section,

we
do
not
believe
the
amendments
will
change
anything
with
respect
to
how
owners
and
operators
will
react
during
periods
of
SSM
except
that
they
may
feel
less
reluctance
to
adhere
to
a
SSM
plan
when
doing
so
doesn't
make
sense
under
the
circumstances.
They
are
still
required
to
develop
SSM
plans,
minimize
emissions
during
periods
of
SSM,
and
keep
records
and
report
SSM
events
if
there
is
an
exceedance
(
or
could
have
been,
in
the
case
of
malfunctions)
of
an
16
applicable
MACT
standard.
We
expect
owners
and
operators
to
continue
to
follow
the
SSM
plans
with
respect
to
most
SSM
events
because
those
plans
should
generally
set
forth
the
best
way
to
minimize
emissions.
Those
who
fail
to
follow
their
plan
will
undergo
additional
scrutiny,
as
they
do
now,
to
determine
if
emissions
were
minimized
during
SSM
periods.
Failure
to
follow
the
SSM
plan,
absent
articulable
and
cogent
reasons
to
deviate
from
the
plan,

may
be
considered
evidence
of
a
failure
to
minimize
emissions
as
required.
The
amendments
should
have
no
practical
effects
on
a
source's
obligation
to
minimize
emissions
during
periods
of
SSM.

EPA's
intention
is
that
the
recordkeeping
and
reporting
requirements
will
provide
the
permitting
authority
and
the
public
with
information
to
determine
whether
the
general
duty
to
minimize
emissions
has
been
satisfied
any
time
there
is
an
exceedance
(
or
could
have
been,
in
the
case
of
malfunctions).
We
have
evaluated
the
recordkeeping
and
reporting
requirements
in
light
of
comments
on
the
availability
of
information
necessary
to
evaluate
compliance
with
the
general
duty
requirement
and
have
decided
to
amend
the
recordkeeping
and
reporting
requirements
to
clarify
that
a
source
must
keep
records
of
17
and
report
actions
taken
during
an
SSM
event
any
time
there
is
an
exceedance.
Revisions
to
§
63.10(
d)(
5)(
i)
and
(
ii)

require
that
a
description
of
actions
taken
to
minimize
emissions
be
included
in
SSM
reports
whether
or
not
the
SSM
plan
was
followed.
In
the
case
where
the
plan
is
followed,

a
checklist
may
suffice,
and
in
the
case
of
multiple
events,
only
one
checklist
is
necessary
(
e.
g.,
multiple
startups
of
batch
processes
where
the
procedure
to
minimize
emissions
is
always
the
same).
With
respect
to
recordkeeping,
the
rules
currently
require
sources
to
keep
a
record
of
actions
taken
during
SSM
events
(
40
CFR
63.10(
b)(
2)(
iv)
and
(
v)).
Where
actions
were
consistent
with
an
SSM
plan,
the
rules
require
records
of
"
all
information
necessary
to
demonstrate
conformance"
with
the
plan
and
provide
that
such
information
can
be
recorded
in
the
form
of
a
checklist.
(
§
63.10(
b)(
2)(
v))
We
are
amending
these
rules
today
to
clarify
that
such
records
or
checklist
must
include
all
actions
taken
during
the
SSM
event
to
minimize
emissions.
We
are
also
making
conforming
changes
to
40
CFR
63.6(
e)(
3)(
iii).

With
these
clarifications,
any
time
there
is
an
exceedance
of
an
emission
limit
(
or
could
have
been
in
the
case
of
malfunctions)
and
thus
a
possibility
that
the
18
general
duty
requirement
was
violated,
there
will
be
a
report
filed
that
will
describe
what
actions
were
taken
to
minimize
emissions
that
will
be
available
to
the
public.

Any
member
of
the
public
could
use
the
information
in
these
reports
to
evaluate
whether
adequate
steps
were
taken
to
meet
the
general
duty
requirement.
This
information
is
likely
to
be
of
as
much
if
not
more
use
in
determining
compliance
with
the
general
duty
requirement
than
a
facility's
general
SSM
plan
because
the
information
will
be
specific
to
the
particular
SSM
event
that
caused
the
exceedance.
We
note
that
the
public
can
also
request
that
the
permitting
authority
obtain
the
SSM
plan
if
information
in
the
SSM
report
suggests
that
the
contents
of
the
SSM
plan
would
help
determine
if
there
was
a
violation
of
the
general
duty
requirement.
However,
even
if
the
permitting
authority
is
not
willing
to
obtain
the
SSM
plan,
the
required
reports
should
provide
adequate
information
to
determine
whether
there
is
a
violation
of
the
general
duty
requirement
and
thus
a
basis
for
a
citizen
suit.
In
any
such
citizen
suit,
plaintiffs
can
seek
to
obtain
the
SSM
plan
through
discovery.

The
general
duty
to
minimize
emissions
is
not
too
vague
to
be
enforced
as
suggested
by
Sierra
Club.
Though
19
the
general
duty
to
minimize
emissions
may
not
provide
absolute
certainty
in
all
cases,
there
will
be
many
circumstances
in
which
compliance
or
non­
compliance
will
be
clear.
A
regulation
that
does
not
reach
constitutionally
protected
conduct
is
not
facially
vague
unless
it
is
impermissibly
vague
in
all
its
applications.
(
Village
of
Hoffman
Estates
v.
Flipside,
Hoffman
Estates,
Inc.,
455
U.
S.
489,
496(
1982);
Sweet
Home
Chapter
of
Communities
for
a
Greater
Oregon
v.
Babbit
1.
F.
3d.
1,
4
(
D.
C.
Cir.
1994).

Further,
it
is
not
impossible
to
know
when
the
MACT
applies
without
knowing
how
the
facility
defines
startup,

shutdown
and
malfunction
in
its
SSM
plan.
EPA
regulations
define
the
terms
startup
shutdown
and
malfunction
and
it
is
these
definitions
that
apply
when
determining
whether
a
facility
is
legitimately
claiming
to
be
experiencing
a
period
of
SSM.

With
respect
to
the
argument
that
the
only
way
to
assure
compliance
with
the
duty
to
develop
a
plan
is
to
require
that
it
be
submitted
to
permitting
authority
and
be
available
to
the
public,
assuring
compliance
does
not
require
that
the
Agency
observe
compliance
first
hand.
It
is
perfectly
appropriate
for
the
Agency
to
rely
on
certifications
(
title
V
regulations
require
sources
to
20
certify
compliance
with
all
applicable
requirements
(
40
CFR
70.5(
c)(
9)))
or
on
inspection,
record
keeping
and
reporting
authorities
of
section
114
of
the
CAA
to
decide
on
a
case
by
case
basis
when
to
inspect
or
request
copies
of
documents
Comment:
Two
commenters
said
that
emissions
during
SSM
events
should
be
required
to
comply
with
the
NESHAP
standard.
One
commenter
said
EPA
had
failed
to
support
a
general
assumption
that
sources
cannot
meet
emission
limitations
during
periods
of
SSM
or
that
setting
emission
limitations
during
these
periods
is
not
feasible.

Response:
These
commenters
raise
issues
that
are
outside
of
the
scope
of
this
rulemaking.
The
general
duty
provision
has
been
in
place
since
1994.
Moreover,
comments
concerning
whether
a
particular
source
type
can
meet
a
particular
emission
standard
during
periods
of
startup,

shutdown
or
malfunction
could
be
raised
when
the
emissions
standards
for
that
source
are
developed.
As
one
commenter
noted,
"
EPA
can,
and
in
some
instances
has,
included
requirements
for
compliance
during
SSM
in
source­
specific
NESHAP
standards."

Though
these
comments
raise
issues
that
are
outside
the
scope
of
this
rulemaking,
we
note
that
in
the
May
8,
21
2004
Federal
Register
notice
EPA
stated
"
EPA
believes
that
it
has
discretion
to
make
reasonable
distinctions
concerning
those
particular
activities
to
which
the
emission
limitations
in
a
MACT
standard
apply"
(
68
FR
32586,
32590;
May
30,
2003).
We
also
note
that
the
EPA
SIP
guidance
cited
by
one
commenter
is
not
relevant
to
the
scope
of
EPA's
authority
to
consider
periods
of
SSM
in
promulgating
NESHAP
standards.

Comment:
Several
commenters
stated
that
the
sources
should
be
required
to
provide
the
permitting
authorities
with
copies
of
SSM
plans
even
absent
a
request
because
the
permitting
authorities
need
to
review
SSM
plans
before
problems
arise.
These
commenters
also
felt
that
greater
public
access
to
the
plans
is
beneficial
because
such
scrutiny
can
help
ensure
that
the
plans
are
adequate
and
the
general
duty
to
minimize
emissions
can
be
met.

Response:
We
do
not
believe
that
it
is
necessary
to
have
each
owner
or
operator
automatically
submit
its
SSM
plan.
Our
regulations
make
it
clear
that
all
a
permitting
authority
has
to
do
is
request
the
SSM
plan
and
the
owner
or
operator
is
required
to
provide
it.
While
the
authority
to
request
the
plan
is
derived
from
section
114,
there
is
no
special
order
or
document
that
needs
to
be
issued
to
22
obtain
the
SSM
plan.
Thus,
the
permitting
authority
may
review
any
plan
and
may
also
make
it
available
to
the
public.
We
do
not
believe
prior
review
and
approval
of
plans
are
necessary;
rather,
in
most
cases,
review
of
reports
required
to
be
submitted
by
a
facility
when
emission
limitations
are
exceeded
(
or
could
have
been
in
the
case
of
malfunctions)
will
allow
the
permitting
authority
and
the
public
to
determine
whether
emissions
were
minimized
during
periods
of
SSM.
However,
if
it
so
chooses,
a
permitting
authority
is
free
to
request
SSM
plans
and
review
them
prior
to
any
SSM
events
occurring.

Typically,
permitting
authorities
will
more
often
review
and
assess
SSM
plan
of
sources
with
numerous
and
frequent
periods
of
SSM.
It
may
not
be
necessary
to
review
plans
of
sources
with
few
or
infrequent
SSM
events,
allowing
the
permitting
authority
to
direct
its
resources
to
more
productive
endeavors.
The
permitting
authority
has
the
discretion
to
review
as
many
plans
as
it
wants
in
order
to
ensure,
that
emissions
are
minimized
during
periods
of
SSM.

Comment:
Several
commenters
thought
it
made
no
sense
to
require
that
plans
be
developed
but
not
require
them
to
be
followed.
23
Response:
We
disagree.
Development
of
SSM
plans
help
sources
to
think
through
and
document
actions
to
take
during
SSM
events.
Plans
will
help
sources
more
expeditiously
address
SSM
events
to
minimize
emissions
during
those
periods.
Once
the
plans
are
developed,

sources
will
have
every
incentive
to
follow
the
plans
if
appropriate,
or
face
additional
scrutiny
if
the
plans
are
not
followed.
In
any
event,
sources
are
required
to
minimize
emissions
regardless
of
whether
the
plans
are
followed.
By
not
requiring
strict
adherence
to
the
SSM
plan,
we
are
allowing
the
source
additional
flexibility
as
to
how
it
will
minimize
emissions.
Plans
also
may
help
permitting
authorities
streamline
determinations
of
whether
emissions
are
minimized.
If
it
is
established
that
emissions
are
minimized
by
following
the
plan
during
a
particular
SSM
event,
making
that
determination
when
a
subsequent
similar
SSM
event
occurs
should
be
much
less
burdensome
assuming
the
plan
has
not
been
revised.

Comment:
Several
commenters
felt
that
if
an
SSM
plan
is
developed
in
good
faith
and
is
not
"
obviously
deficient,"
it
should
be
considered
a
"
safe
harbor."

Others
felt
that
following
the
plan
should
not
be
a
safe
harbor.
24
Response:
We
believe
that
following
the
SSM
plan
should
not
be
a
safe
harbor.
Where
the
SSM
plan
is
out
of
date
or
deficient
or
the
circumstances
clearly
called
for
other
steps
to
minimize
emissions,
blind
adherence
to
the
plan
should
not
be
sufficient.
We
leave
to
the
discretion
of
the
permitting
authority
the
question
of
how
much
weight
to
give
the
SSM
plan
in
a
particular
situation.
However,

assuming
that
the
plan
was
made
in
good
faith
and
not
deficient,
we
believe
that
in
most
cases
following
the
SSM
plan
should
help
establish
that
the
source
was
minimizing
emissions.

Comment:
Several
commenters
thought
there
should
be
a
requirement
that
sources
periodically
review
and
update
their
SSM
plans.
Two
commenters
stated
that
because
implementation
of
SSM
plans
will
no
longer
be
required,

sources
will
be
less
likely
to
periodically
review
and
update
SSM
plans.

Response:
Our
regulations
already
require
sources
to
keep
their
SSM
plans
current,
i.
e.,
up
to
date,
and
to
review
and
change
the
plans
to
ensure
that
emissions
are
minimized.
"
The
owner
or
operator
must
maintain
at
the
affected
source
a
current
startup,
shutdown,
and
malfunction
plan
and
must
make
the
plan
available
upon
25
request
for
inspection
and
copying
by
the
Administrator"

(
§
63.6(
e)(
3)(
v)).
Plans
are
required
to
address
potential
expected
SSMs
to
minimize
emissions.
Plans
should
be
updated
whenever
changes
are
necessary
to
address
new
or
different
types
of
SSM
events
as
provided
for
in
paragraphs
63.6(
e)(
3)(
vii)
and
(
viii).
Moreover,
the
Administrator
(
or
delegated
authority)
has
the
ability
under
§
63.6(
e)(
3)(
vii)
to
require
that
SSM
plans
be
revised
if
they
are
deficient
or
not
current.

Applicable
Requirements
Comment:
Numerous
commenters
agreed
with
the
EPA's
position
at
proposal
that
the
SSM
plan
details
themselves
are
not
the
applicable
requirements
under
the
Act,
but
the
general
duty
clause
(
§
63.6(
e)(
1))
is.
They
further
agreed
that
the
plan
elements
should
not
be
incorporated
into
the
title
V
permits.

One
commenter
believed
that
the
SSM
plan
elements
should
be
applicable
requirements.
Another
commenter
thought
that
the
requirement
to
follow
the
plan
should
be
an
applicable
requirement
in
the
title
V
permit
but
the
individual
elements
of
the
SSM
plan
should
not
be
considered
incorporated
into
the
permit.
26
Response:
As
explained
in
our
proposal
(
70
FR
43992;

July
29,
2005),
we
believe
that
the
general
duty
to
minimize
emissions
is
the
applicable
requirement,
not
the
SSM
plan
itself.
However,
we
note
that
the
SSM
plan
is
a
useful
tool
for
sources
to
demonstrate
­­
and
for
permitting
authorities
to
confirm
­­
that
the
general
duty
to
minimize
emissions
is
met.
We
do
not
agree
that
requiring
implementation
of
the
SSM
plan
is
necessary
to
assure
compliance
with
general
duty
requirement.
The
SSM
plan
is
a
useful
tool
that
may
help
the
permitting
authority
determine
compliance
depending
on
the
circumstances,
but
it
is
not
"
necessary."
As
explained
above,
compliance
with
the
general
duty
requirement
can
be
achieved
through
different
means
such
as
examining
SSM
reports
to
determine
whether
general
duty
has
been
satisfied.
The
case
law
cited
by
Sierra
Club
is
not
on
point.
Both
Waterkeeper
Alliance,
Inc.
v
EPA,
399
F.
3d.

486
(
2nd
Cir.
2005)
and
Environmental
Defense
Center,
Inc.

v.
EPA,
344
F.
2d.
832
(
9th
Cir.
2003)
involved
EPA
regulatory
schemes
under
which
plans
developed
by
the
regulated
entity,
which
were
not
reviewed
or
approved
by
the
regulatory
agency
(
nutrient
development
plans
and
stormwater
management
plans
under
the
Clean
Water
Act,
27
respectively),
served
to
establish
binding
requirements,

compliance
with
which
would
automatically
satisfy
an
underlying
statutory
or
regulatory
requirement.

SSM
plans
are
not
binding
requirements
and,
as
explained
above,
adherence
with
an
SSM
plan
does
not
necessarily
establish
compliance
with
the
general
duty
requirement.

Comment:
One
commenter
wanted
clarification
on
the
relationship
of
the
SSM
plan
requirements
to
title
V,

specifically
what
language
should
be
included
in
the
permit
regarding
the
requirement
to
develop
a
plan.
The
commenter
notes
that
§
63.6(
e)(
3)(
ix)
explicitly
refers
to
a
title
V
requirement
whereas
other
provisions
do
not;
the
comment
suggests
an
edit
to
the
paragraph
that
would
clarify
the
provision.

Response:
The
intent
of
§
63.6(
e)(
3)(
ix)
was
to
ensure
that
the
only
requirement
with
respect
to
the
title
V
permit
was
that
an
SSM
plan
be
developed,
that
the
elements
of
the
plan
are
not
to
be
incorporated
into
the
permit,
and
that
changes
to
the
plan
would
not
trigger
a
permit
modification.
The
commenter's
suggested
edits
are
helpful
and
have
been
incorporated
into
the
paragraph.

Conforming
changes
to
other
subparts
28
Comment:
Several
commenters
supported
the
conforming
changes
to
the
other
subparts
with
respect
to
the
requirement
to
follow
the
plan.
One
commenter
stated
that
EPA
failed
to
explain
its
reason
for
changing
specific
part
63
subparts
and
how
the
changes
would
affect
the
specific
source
categories.

Response:
Although
there
was
no
explicit
statement
explaining
why
the
other
subparts
were
being
amended,
these
changes
were
made
merely
to
conform
to
the
changes
being
made
in
the
General
Provisions.
Many
of
the
part
63
subparts
repeated
requirements
in
the
General
Provisions
about
following
the
SSM
plan
and
had
to
be
revised
to
be
consistent
with
the
changes
to
the
General
Provisions.

Because
the
changes
in
the
individual
subparts
are
necessary
for
conformance
with
the
General
Provisions,
we
felt
that
no
explanation
was
required.

Impacts
Comment:
One
commenter
stated
that
EPA
failed
to
comply
with
Executive
Order
12898
on
Environmental
Justice.

The
commenter
asserts
that
the
amendments
will
adversely
affect
minority
and
low
income
communities
around
the
sources.
29
Response:
Executive
Order
12898
establishes
a
Federal
policy
for
incorporating
environmental
justice
into
Federal
agency
actions
by
directing
agencies
to
identify
and
address,
as
appropriate,
disproportionately
high
and
adverse
human
health
or
environmental
effects
of
their
programs,
policies
and
activities
on
minority
and
lowincome
populations.
The
EPA
has
considered
the
impact
of
the
proposal
on
minority
and
low
income
populations.
We
do
not
believe
that
these
amendments
will
have
any
adverse
effects
on
emissions
during
periods
of
SSM.
Therefore,

there
should
not
be
any
adverse
impact
on
minority
and
low
income
populations
as
a
result
of
these
amendments.
The
amendments
do
not
affect
the
underlying
requirement
to
minimize
emissions
during
SSM
events.
Owners
or
operators
are
still
required
to
develop
SSM
plans
to
address
emissions
during
these
periods.
They
are
required
to
report
immediately
when
the
plans
are
not
followed
and
semiannually
when
the
plans
are
followed
and
emission
limitations
are
exceeded
(
or
could
have
been
in
the
case
of
malfunctions)
and
describe
steps
taken
to
minimize
emissions.
The
only
difference
from
current
regulations
is
that
the
source
is
not
required
to
follow
the
plan,

especially
when
the
situation
may
call
for
other
action
or
30
when
safety
considerations
override
following
the
plan
as
written.

Comment:
One
commenter
stated
that
EPA
failed
to
comply
with
Executive
Order
13045
on
Protection
of
Children
for
Environmental
Health
and
Safety
Risk.
The
commenter
disagrees
with
EPA's
position
that
the
Executive
Order
only
applies
to
regulations
that
are
based
on
health
or
safety
risks.

Response:
Executive
Order
13045
does
not
apply
to
this
proposal
because,
as
is
explained
above,
it
does
not
change
any
emission
standard,
it
is
not
economically
significant
and
because
it
is
not
based
on
health
and
safety
risks.

SSM
Plan
Availability
Comment:
There
were
numerous
comments
on
SSM
plan
availability
to
permitting
authorities
and
the
public.

Some
governmental
commenters
stated
that
it
is
difficult
to
obtain
SSM
plans
using
section
114
of
the
Act,
and
that
permitting
authorities
should
not
be
required
to
obtain
the
information
through
a
request
made
under
section
114
of
the
Act.
One
commenter
stated
that
part
63
does
not
clearly
state
that
permitting
authorities
can
request
and
receive
copies
of
the
plans
and
that
the
provisions
should
be
31
amended
to
make
this
clear
and
to
require
that
the
plan
be
provided
within
30
days.
The
commenter
stated
that
state
laws
allowing
access
to
information
vary
from
state
to
state
and
are
sometimes
vague.
Several
industry
commenters
stated
that
SSM
plans
should
be
available
only
through
CAA
section
114
requests.

Response:
The
existing
part
63
regulations
already
require
a
source
to
(
1)
allow
the
permitting
authority
to
inspect
the
SSM
plan
at
the
premises
or
(
2)
"
promptly"

submit
the
plan
to
the
permitting
authority
if
the
permitting
authority
makes
a
written
request
for
it.
The
regulations
state
that
the
"
Administrator
may
at
any
time
request
in
writing
that
the
owner
or
operator
submit
a
copy
of
any
startup,
shutdown,
and
malfunction
plan
(
or
portion
thereof).
.
.
[
and]
the
owner
or
operator
must
promptly
submit
a
copy
of
the
requested
plan
(
or
a
portion
thereof)

to
the
Administrator"
(
§
63.6(
d)(
3)(
v)).
The
authority
for
this
provision
is
section
114(
a)
of
the
Act.
However,

there
is
no
special
procedure
or
order
required;
the
Administrator
or
the
permitting
authority
need
only
request
the
SSM
plan
in
writing.
The
Administrator
or
permitting
authority
may
also
inspect
and
copy
the
SSM
plan
at
the
premises:
"
The
owner
or
operator
must
maintain
at
the
32
affected
source
a
current
startup,
shutdown,
and
malfunction
plan
and
must
make
the
plan
available
upon
request
for
inspection
and
copying
by
the
Administrator"

(
§
63.6(
e)(
3)(
v)).
The
authority
for
this
inspection
provision
is
also
section
114(
a).
Under
section
114(
b),

states
may
develop
and
submit
to
the
Administrator
a
procedure
for
carrying
out
section
114
in
the
state,
and
the
Administrator
may
delegate
his/
her
authority
to
the
state.
All
permitting
authorities
that
have
obtained
delegation
of
part
63
standards
have
already
demonstrated
that
they
have
state
authority
equivalent
to
section
114
to
monitor,
to
inspect,
and
to
obtain
records,
including
SSM
plans.
Accordingly,
permitting
authorities
should
have
no
difficulty
in
obtaining
plans.
The
underlying
authority
for
the
part
63
provisions
allowing
permitting
authorities
to
inspect
or
obtain
copies
of
SSM
plans
is
based
on
section
114(
a)
or
its
state
equivalent.
Because
all
SSM
plans
are
obtained
under
section
114(
a)
or
its
state
equivalent,
any
plans
so
obtained
must
be
available
to
the
public
under
section
114(
c)
of
the
Act,
which
provides
that
any
records
obtained
under
section
114(
a)
"
shall
be
available
to
the
public,"
with
the
exception
of
portions
considered
confidential.
33
Comment:
Several
commenters
agreed
that
permitting
authorities
should
not
be
required
to
obtain
SSM
plans
whenever
a
member
of
the
public
requests
one.
Other
commenters
disagreed
and
believed
that
any
member
of
the
public
should
be
able
to
request
an
SSM
plan.
Several
commenters
thought
the
public
should
be
able
to
review
the
plans
to
determine
if
emissions
are
minimized
and
argued
that
denying
public
access
makes
general
duty
unenforceable.

Response:
As
discussed
above,
we
do
not
believe
that
the
details
of
SSM
plans
are
compliance
plans
or
are
required
to
be
available
under
title
V.
As
discussed
above,
recordkeeping
and
reporting
requirements
will
provide
regulators
and
the
public
with
adequate
information
concerning
actions
taken
during
periods
of
SSM.
Permitting
authorities
can
obtain
and
review
plans
as
necessary,
and
all
plans
that
are
obtained
will
be
available
to
the
public
subject
to
limitation
on
availability
of
CBI.

Comment:
Several
commenters
believed
the
proposal
effectively
cut
off
public
access
to
plans.

Response:
We
disagree.
Public
access
to
SSM
plans
is
still
available,
in
the
case
where
the
permitting
authority
has
obtained
a
plan.
We
believe
that
most
permitting
34
authorities
will
request
a
plan
from
a
source
when
presented
with
a
reasonable
request
for
the
plan.
There
is
no
federal
requirement
to
do
so,
however,
and
unless
otherwise
specified
under
state
statute
or
regulations,

state
and
local
authorities
have
the
discretion
to
obtain
the
plan
upon
public
request.

Comment:
Several
commenters
argued
that
companies
will
not
be
responsive
to
requests
for
SSM
plans
from
the
public.

Response:
We
recognize
that
some
companies
might
choose
not
to
respond
to
requests
from
the
public.

However,
we
hope
and
expect
that
other
companies
would
indeed
respond
to
public
requests.
Moreover,
as
explained
above,
the
public
may
ask
the
permitting
authority
to
obtain
the
SSM
plan.
Where
the
public
has
made
a
reasonable
request,
we
believe
that
the
permitting
authority
would
likely
be
responsive
and
obtain
the
plan
from
the
source.
Because
the
authority
to
obtain
such
plan
is
based
on
section
114
of
the
Act
or
its
state
equivalent,

any
plan
obtained
by
the
permitting
authority
will
be
available
to
the
public.

Comment:
Another
commenter
noted
that
the
difficulty
of
"
untangling"
SSM
plans
from
facility
operating
35
procedures
and
CBI
are
not
good
reasons
for
restricting
public
access.

Response:
As
stated
earlier,
all
SSM
plans
obtained
by
the
permitting
authority
are
publicly
accessible.
We
are
sensitive
to
the
effort
involved
by
some
sources
to
create
a
standalone
SSM
plan
for
submittal,
but
do
not
believe
requiring
all
plans
to
be
submitted
automatically
for
review
is
justified.
However,
permitting
authorities
will
obtain
SSM
plans
as
necessary,
regardless
of
the
burden
imposed
on
the
source
to
develop
a
standalone
document.

Comment:
The
same
commenter
maintained
that
the
paperwork
burden
on
permitting
authorities
also
should
not
be
a
reason
for
not
requiring
submittal
of
SSM
plans.

Response:
Permitting
authorities
may
obtain
any
SSM
plan
that
it
wants.
Thousands
of
sources
are
required
to
prepare
SSM
plans,
and
we
believe
the
permitting
authority
should
have
the
discretion
to
obtain
those
it
feels
are
appropriate.
For
the
reasons
discussed
above,
we
do
not
think
it
is
necessary
to
impose
a
requirement
that
all
plans
be
automatically
submitted
to
the
permitting
authority,
especially
if
this
results
in
the
permitting
authority
reallocating
resources
from
enforcement
and
36
implementation
to
handling
paper.
We
think
it
is
best
for
the
individual
permitting
authority
to
make
that
decision.

If
they
so
choose,
they
can
routinely
ask
all
sources
to
submit
SSM
plans.

Confidential
Business
Information
(
CBI)

Comment:
Two
commenters
noted
that
plans
can
be
sanitized
of
their
CBI­
sensitive
information
prior
to
submittal
to
the
permitting
authority,
but
other
commenters
insisted
that
SSM
plans
not
be
released
because
of
sensitive
information.
One
commenter
additionally
noted
that
SSM
plans
may
contain
security­
sensitive
information
and
provide
a
roadmap
to
terrorists
seeking
to
disrupt
a
facility.

Response:
Plans
may
be
submitted
with
CBI
identified;

such
submittals
will
be
treated
in
accordance
with
requirements
applicable
to
claims
of
CBI.
We
also
agree
that
plans
can
be
"
cleansed"
of
CBI
and
other
sensitive
information
and
submitted.
The
public
will
have
access
to
any
non­
CBI
submittal
and
non­
CBI
portions
of
plans
with
CBI
identified.
This
is
what
happens
now.

Comment:
Some
commenters
stated
that
limiting
public
access
to
plans
and
removing
the
requirement
to
implement
the
SSM
plan
makes
it
difficult
for
the
public
to
determine
37
when
an
emission
exceedance
constitutes
a
violation
of
a
MACT
standard.
These
commenters
also
stated
that
reducing
public
access
to
SSM
plans
hinders
citizen
enforcement
efforts.

Response:
These
amendments
do
not
change
the
ability
of
the
public
to
determine
when
an
emissions
exceedance
constitutes
a
violation
of
a
MACT
standard
and
shouldn't
make
enforcement
of
the
general
duty
requirement
more
difficult.
Plans
previously
available
are
still
available
for
public
review.
Permitting
authorities
may
obtain
any
SSM
plan
from
any
source
and
allow
the
public
to
examine
it.
Sources
must
report
what
procedures
and
actions
it
did
take
during
periods
of
SSM
if
there
was
an
exceedance
of
an
emission
limit
(
or
could
have
been
in
the
case
of
malfunctions).
Such
reports
are
also
available
to
the
public.
As
explained
above,
this
information
can
be
used
by
the
public
and
the
permitting
authority
to
support
enforcement
efforts.

Reporting
Comment:
One
commenter
stated
that
without
a
requirement
to
implement
SSM
plans,
the
regulation
should
require
reporting
of
all
SSM
events
so
that
the
general
duty
can
be
evaluated
for
each
event.
Another
commenter
38
added
that
only
those
SSM
events
that
exceeded
the
emission
standards
be
reported.

Response:
We
agree
that
all
SSM
events
that
exceed
(
or
could
have
exceeded,
in
the
case
of
malfunctions)
the
emission
limitations
be
reported.
We
also
agree
that
as
long
as
the
emission
limitations
are
being
met,
SSM
events
need
not
be
reported
(
except
those
malfunctions
that
could
have
exceeded
the
emission
limitations),
i.
e.,
as
long
as
the
relevant
standards
are
being
met,
there
is
no
benefit
to
a
reporting
requirement
in
terms
of
assuring
compliance
with
the
general
duty
standard.
We
have
made
clarifying
edits
in
the
regulatory
language.

Comment:
One
commenter
did
not
think
that
facilities
should
have
to
report
whether
or
not
they
followed
their
SSM
plan.
Another
commenter
did
not
think
sources
should
have
to
report
immediately
if
the
SSM
plan
was
not
followed.

Response:
We
disagree.
Information
on
whether
or
not
an
SSM
plan
was
followed
gives
the
permitting
authority
and
the
public
information
that
can
help
them
determine
if
further
scrutiny
of
a
source
is
in
order.
If
the
permitting
authority
has
reviewed
a
source's
SSM
plan
and
determined
that
it
is
adequate,
information
that
the
source
39
followed
that
plan
during
an
SSM
event
could
be
helpful
to
the
regulator
in
determining
whether
to
investigate
the
event.
Not
following
the
plan
may
or
may
not
indicate
a
problem,
but
such
information
would
be
very
helpful
to
the
permitting
authority
and
the
public
in
order
to
determine
if
additional
scrutiny
or
investigation
of
the
event
is
necessary.
Immediate
reporting
if
the
plan
was
not
followed
is
appropriate
to
alert
the
permitting
authority
and
the
public
of
a
potential
problem.

Comment:
One
commenter
questioned
why
SSM
events
still
have
to
be
reported
as
deviations
if
emission
limitations
do
not
apply.

Response:
The
general
duty
to
minimize
emissions
is
the
applicable
requirement
during
SSM
events.
In
order
to
effectively
enforce
this
requirement,
it
is
important
to
have
information
about
SSM
events
that
involve
exceedances
(
or
potential
exceedances
in
the
case
of
malfunctions)
in
order
to
determine
whether
further
scrutiny
is
appropriate
Deviations
do
not
necessarily
equate
to
violations.

Recordkeeping
Comment:
Numerous
commenters
agreed
with
the
elimination
of
certain
recordkeeping
requirements
for
startups
and
shutdowns
when
relevant
emission
standards
are
40
not
exceeded.
One
commenter
was
not
clear
on
how
burden
had
been
relieved;
the
commenter
cites
§
63.6(
e)(
3)(
iii)
and
asked
what
documentation
was
necessary.

Response:
The
amendments
and
the
clarifications
we
are
promulgating
today
relieve
the
recordkeeping
burden
for
startups
and
shutdowns
that
do
not
result
in
a
exceedance
of
an
emissions
limitation.

Regulatory
Language
Comment:
Several
commenters
pointed
out
that
some
subparts
have
their
own
SSM
provisions
and
do
not
cite
subpart
A
as
the
applicable
requirements.
The
proposal
should
have
not
referenced
subpart
A
but
instead
continued
to
reference
the
applicable
provisions
within
their
subparts.

Response:
We
agree
with
the
commenters
and
have
made
the
suggested
edits.

Comment:
Several
commenters
noted
that
the
reference
to
§
63.6(
e)
instead
of
the
requirement
to
follow
the
SSM
plan
was
overly
broad,
and
in
fact
should
have
referred
more
narrowly
to
the
general
duty
to
minimize
emissions
since
that
is
the
applicable
requirement.

Response:
We
agree
with
the
commenters
and
have
made
the
suggested
edit
to
refer
to
§
63.6(
e)(
1).
41
Comment:
One
commenter
suggested
clarifying
changes
to
ensure
reporting
and
recordkeeping
for
startups
and
shutdowns
is
required
only
when
the
applicable
emission
limitation
is
exceeded.

Response:
We
agree
and
have
made
the
suggested
edits.

As
explained
above,
as
long
as
the
standards
are
being
attained
there
is
no
need
to
report.

Comment:
Several
commenters
recommended
revising
the
definition
for
"
malfunction"
in
other
subparts
where
it
occurs
to
be
consistent
with
the
definition
in
subpart
A.

One
commenter
also
suggested
revising
the
general
duty
provision
where
it
occurs
in
other
subparts
to
be
consistent
with
subpart
A.

Response:
We
agree
this
is
appropriate
for
consistency
and
have
revised
the
definitions
and
provisions
accordingly.

Comment:
A
couple
of
commenters
recommended
incorporating
paragraph
§
63.6(
e)(
3)(
ix)
into
the
General
Provisions
applicability
table
in
all
of
the
applicable
subparts.

Response:
We
agree
that
§
63.6(
e)(
3)(
ix)
should
apply
to
all
the
applicable
part
63
subparts.
We
have
revised
42
all
of
the
applicable
General
Provisions
applicability
tables
accordingly.

IV.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866
(
58
FR
51735,

October
4,
1993),
the
EPA
must
determine
whether
this
regulatory
action
is
"
significant,"
and,
therefore,
subject
to
Office
of
Management
and
Budget
(
OMB)
review
and
the
requirements
of
the
Executive
Order.
The
Executive
Order
defines
a
"
significant
regulatory
action"
as
one
that
is
likely
to
result
in
a
rule
that
may:

(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,

competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
tribal
governments
or
communities;

(
2)
create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;

(
3)
materially
alter
the
budgetary
impact
of
entitlement,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
43
(
4)
raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.

Pursuant
to
the
terms
of
Executive
Order
12866,
OMB
has
notified
EPA
that
it
considers
this
a
"
significant
regulatory
action"
within
the
meaning
of
the
Executive
Order.
The
EPA
has
submitted
this
action
to
OMB
for
review.
Changes
made
in
response
to
OMB
suggestions
or
recommendations
will
be
documented
in
the
public
record.

B.
Paperwork
Reduction
Act
As
required
by
the
Paperwork
Reduction
Act
(
PRA),
44
U.
S.
C.
3501
et
seq.,
the
OMB
must
clear
any
reporting
and
recordkeeping
requirements
that
qualify
as
an
information
collection
request
(
ICR)
under
the
PRA.

Approval
of
an
ICR
is
not
required
in
connection
with
these
final
amendments.
This
is
because
the
General
Provisions
do
not
themselves
require
any
reporting
and
recordkeeping
activities,
and
no
ICR
was
submitted
in
connection
with
their
original
promulgation
or
their
subsequent
amendment.
Any
recordkeeping
and
reporting
requirements
are
imposed
only
through
the
incorporation
of
specific
elements
of
the
General
Provisions
in
the
individual
MACT
standards
which
are
promulgated
for
44
particular
source
categories
which
have
their
own
ICRs.
In
any
case,
we
believe
that
adoption
of
the
amendments
will
not
materially
alter
the
burden
imposed
on
affected
sources
through
the
incorporation
of
the
General
Provisions
in
individual
MACT
standards.
We
anticipate
that
any
incremental
changes
in
the
recordkeeping
and
reporting
burden
estimate
for
individual
MACT
standards
will
be
addressed
in
the
context
of
the
periodic
renewal
process
required
by
the
PRA.

However,
OMB
has
previously
approved
the
information
collection
requirements
contained
in
the
existing
regulations
of
40
CFR
parts
63
and
65
under
the
provisions
of
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501,
et
seq.
A
copy
of
the
OMB
approved
Information
Collection
Request
(
ICR)
for
any
of
the
existing
regulations
may
be
obtained
from
Susan
Auby,
Collection
Strategies
Division;
U.
S.
EPA
(
2822T);
1200
Pennsylvania
Ave.,
NW,
Washington,
DC
20460,

or
by
calling
(
202)
566­
1672.

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
45
technology
and
systems
for
the
purposes
of
collecting,

validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.

An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.

The
OMB
control
numbers
for
EPA's
regulations
in
40
CFR
are
listed
in
40
CFR
part
9.

C.
Regulatory
Flexibility
Act
The
Regulatory
Flexibility
Act
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,

small
organizations,
and
small
governmental
jurisdictions.
46
For
purposes
of
assessing
the
impacts
of
the
final
rule
amendments
on
small
entities,
small
entity
is
defined
as:
(
1)
a
small
business
as
defined
by
the
Small
Business
Administration's
(
SBA)
regulations
at
13
CFR
121.201
for
each
applicable
subpart;
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,

school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
that
is
not
dominant
in
its
field.

After
considering
the
economic
impacts
of
today's
final
rule
amendments
on
small
entities,
EPA
has
concluded
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
In
determining
whether
a
rule
has
significant
economic
impact
on
a
substantial
number
of
small
entities,
the
impact
of
concern
is
any
significant
adverse
economic
impact
on
small
entities,
since
the
primary
purpose
of
the
regulatory
flexibility
analysis
is
to
identify
and
address
regulatory
alternatives
which
minimize
any
significant
economic
impact
on
a
substantial
number
of
small
entities
(
5
U.
S.
C.
603­

604).
Thus,
an
agency
may
certify
that
a
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
47
of
small
entities
if
the
rule
relieves
regulatory
burden,

or
otherwise
has
a
positive
economic
effect
on
all
of
the
small
entities
subject
to
the
rule.

Small
entities
that
are
subject
to
MACT
standards
would
not
be
required
to
take
any
action
under
the
final
rule
amendments;
the
amendments
simply
remove
the
requirement
that
sources
must
follow
their
SSM
plan.

However,
we
do
not
expect
sources
will
address
periods
of
SSM
any
differently
than
they
do
now.

Based
on
the
considerations
above,
we
have
concluded
that
the
final
rule
amendments
will
add
no
regulatory
burden
for
any
affected
small
entities.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104­
4,
establishes
requirements
for
Federal
agencies
to
assess
effects
of
their
regulatory
actions
on
State,
local,
and
tribal
governments
and
the
private
sector.
Under
section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
"
Federal
mandates"
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
1
48
year.
Before
promulgating
a
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
us
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
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
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,

including
tribal
governments,
it
must
have
developed
under
section
203
of
the
UMRA
a
small
government
agency
plan.

The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,

educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
49
The
EPA
has
determined
that
the
final
rule
amendments
do
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
State,
local,
or
tribal
governments,
in
the
aggregate,
or
to
the
private
sector
in
any
1
year.
Thus,
today's
final
rule
amendments
are
not
subject
to
sections
202
and
205
of
the
UMRA.
The
EPA
has
also
determined
that
the
final
rule
amendments
contain
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments.
Thus,
today's
final
rule
amendments
are
not
subject
to
the
requirements
of
section
203
of
the
UMRA.

E.
Executive
Order
13132:
Federalism
Executive
Order
13132
(
64
FR
43255,
August
10,
1999)

requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications."
"
Policies
that
have
federalism
implications"
is
defined
in
the
Executive
Order
to
include
regulations
that
have
"
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government."
50
The
final
rule
amendments
do
not
have
federalism
implications
and
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.
None
of
the
affected
facilities
are
owned
or
operated
by
State
governments.
Thus,
Executive
Order
13132
does
not
apply
to
the
final
rule
amendments.

F.
Executive
Order
13175:
Consultation
and
Coordination
with
Indian
Tribal
Governments
Executive
Order
13175
(
65
FR
67249,
November
9,
2000)

requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications."
The
final
rule
amendments
do
not
have
tribal
implications,
as
specified
in
Executive
Order
13175.

They
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.
Thus,
Executive
Order
13175
does
not
apply
to
the
final
rule
amendments.
51
G.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
and
Safety
Risks
Executive
Order
13045
(
62
FR
19885,
April
23,
1997)

applies
to
any
rule
that:
(
1)
is
determined
to
be
"
economically
significant,"
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.

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
final
rule
amendments
are
not
subject
to
Executive
Order
13045
because
they
are
not
"
economically
significant"
and
are
based
on
technology
performance
and
not
on
health
or
safety
risks.

H.
Executive
Order
13211:
Actions
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
52
The
final
rule
amendments
are
not
subject
to
Executive
Order
13211,
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"

(
66
FR
28355,
May
22,
2001)
because
they
do
not
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.

I.
National
Technology
Transfer
Advancement
Act
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
(
NTTAA)
of
1995,
Public
Law
No.
104­
113,

12(
d)
(
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
(
VCS)
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
The
VCS
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
business
practices)
that
are
developed
or
adopted
by
VCS
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
the
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
VCS.

The
final
rule
amendments
do
not
involve
technical
standards.
Therefore,
EPA
did
not
consider
the
use
of
any
VCS.

J.
Congressional
Review
Act
53
The
Congressional
Review
Act,
5
U.
S.
C.
801,
et
seq.,

as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
The
EPA
will
submit
a
report
containing
the
final
rule
and
other
required
information
to
the
United
States
Senate,
the
United
States
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
final
rule
in
the
Federal
Register.
A
major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
The
final
rule
amendments
are
not
a
"
major
rule"
as
defined
by
5
U.
S.
C.
804(
2).
The
final
rule
amendments
are
effective
on
[
INSERT
DATE
OF
PUBLICATION
OF
THE
FINAL
RULE
AMENDMENTS
IN
THE
FEDERAL
REGISTER].
General
Provisions­­
page
54
of
159
List
of
Subjects
in
40
CFR
Parts
63
and
65
Environmental
protection,
Air
pollution
control,

Hazardous
substances,
Reporting
and
recordkeeping
requirements.

____________
Dated:

_____________________
Stephen
L.
Johnson,
Administrator.
55
For
the
reasons
cited
in
the
preamble,
title
40,
chapter
1,

parts
63
and
65
of
the
Code
of
Federal
Regulations
are
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.

Subpart
A­ [
AMENDED]

2.
Section
63.6
is
amended
by:

a.
Revising
the
first
sentence
in
paragraph
(
e)(
1)(
ii);

b.
Removing
the
first
sentence
in
paragraph
(
e)(
3)(
i)

introductory
text
and
adding
two
new
sentences
in
its
place;

c.
Removing
and
reserving
paragraph
(
e)(
3)(
ii);

d.
Revising
the
first
through
third
sentences
in
paragraph
(
e)(
3)(
iii);

e.
Removing
the
sixth
sentence
in
paragraph
(
e)(
3)(
v);
and
f.
Revising
the
first
and
second
sentences
in
paragraph
(
e)(
3)(
ix)
to
read
as
follows:

§
63.6
Compliance
with
standards
and
maintenance
requirements.
56
*
*
*
*
*

(
e)
*
*
*

(
1)(
i)
*
*
*

(
ii)
Malfunctions
must
be
corrected
as
soon
as
practicable
after
their
occurrence.
*
*
*

*
*
*
*
*

(
3)
*
*
*

(
i)
The
owner
or
operator
of
an
affected
source
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
that
describes,
in
detail,
procedures
for
operating
and
maintaining
the
source
during
periods
of
startup,
shutdown,

and
malfunction;
and
a
program
of
corrective
action
for
malfunctioning
process,
air
pollution
control,
and
monitoring
equipment
used
to
comply
with
the
relevant
standard.
The
startup,
shutdown,
and
malfunction
plan
does
not
need
to
address
any
scenario
that
would
not
cause
the
source
to
exceed
an
applicable
emission
limitation
in
the
relevant
standard.
*
*
*

*
*
*
*
*

(
ii)
[
Reserved]

(
iii)
When
actions
taken
by
the
owner
or
operator
during
a
startup
or
shutdown
(
and
the
startup
or
shutdown
causes
the
source
to
exceed
any
applicable
emission
57
limitation
in
the
relevant
emission
standards),
or
malfunction
(
including
actions
taken
to
correct
a
malfunction)
are
consistent
with
the
procedures
specified
in
the
affected
source's
startup,
shutdown,
and
malfunction
plan,
the
owner
or
operator
must
keep
records
for
that
event
which
demonstrate
that
the
procedures
specified
in
the
plan
were
followed.
These
records
may
take
the
form
of
a
"
checklist,"
or
other
effective
form
of
recordkeeping
that
confirms
conformance
with
the
startup,
shutdown,
and
malfunction
plan
and
describes
the
actions
taken
for
that
event.
In
addition,
the
owner
or
operator
must
keep
records
of
these
events
as
specified
in
paragraph
63.10(
b),

including
records
of
the
occurrence
and
duration
of
each
startup
or
shutdown
(
if
the
startup
or
shutdown
causes
the
source
to
exceed
any
applicable
emission
limitation
in
the
relevant
emission
standards),
or
malfunction
of
operation
and
each
malfunction
of
the
air
pollution
control
and
monitoring
equipment.
*
*
*

*
*
*
*
*

(
ix)
The
title
V
permit
for
an
affected
source
must
require
that
the
owner
or
operator
develop
a
startup,

shutdown,
and
malfunction
plan
which
conforms
to
the
provisions
of
this
part,
but
may
do
so
by
citing
to
the
58
relevant
subpart
or
subparagraphs
of
paragraph
(
e)
of
this
section.
However,
any
revisions
made
to
the
startup,

shutdown,
and
malfunction
plan
in
accordance
with
the
procedures
established
by
this
part
shall
not
be
deemed
to
constitute
permit
revisions
under
part
70
or
part
71
of
this
chapter
and
the
elements
of
the
startup,
shutdown,
and
malfunction
plan
shall
not
be
considered
an
applicable
requirement
as
defined
in
§
70.2
and
§
71.2
of
this
chapter.

*
*
*

*
*
*
*
*

3.
Section
63.8
is
amended
by
revising
paragraph
(
c)(
1)(
iii)
to
read
as
follows:

§
63.8
Monitoring
requirements.

*
*
*
*
*

(
c)
*
*
*

(
1)
*
*
*

(
iii)
The
owner
or
operator
of
an
affected
source
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
for
CMS
as
specified
in
§
63.6(
e)(
3).

*
*
*
*
*

4.
Section
63.10
is
amended
by:

a.
Revising
paragraphs
(
b)(
2)(
i),
(
ii),
and
(
iv),
and
the
first
sentence
in
paragraph
(
v);
and
59
b.
Revising
the
first
four
sentences
in
paragraph
(
d)(
5)(
i)
and
the
first
and
second
sentences
in
(
d)(
5)(
ii)

to
read
as
follows:

§
63.10
Recordkeeping
and
reporting
requirements.

*
*
*
*
*

(
b)
*
*
*

(
2)
*
*
*

(
i)
The
occurrence
and
duration
of
each
startup
or
shutdown
when
the
startup
or
shutdown
causes
the
source
to
exceed
any
applicable
emission
limitation
in
the
relevant
emission
standards;

(
ii)
The
occurrence
and
duration
of
each
malfunction
of
operation
(
i.
e.,
process
equipment)
or
the
required
air
pollution
control
and
monitoring
equipment;

*
*
*
*
*

(
iv)(
A)
Actions
taken
during
periods
of
startup
or
shutdown
when
the
source
exceeded
applicable
emission
limitations
in
a
relevant
standard
and
when
the
actions
taken
are
different
from
the
procedures
specified
in
the
affected
source's
startup,
shutdown,
and
malfunction
plan
(
see
§
63.6(
e)(
3));
or
(
B)
Actions
taken
during
periods
of
malfunction
(
including
corrective
actions
to
restore
malfunctioning
60
process
and
air
pollution
control
and
monitoring
equipment
to
its
normal
or
usual
manner
of
operation)
when
the
actions
taken
are
different
from
the
procedures
specified
in
the
affected
source's
startup,
shutdown,
and
malfunction
plan
(
see
§
63.6(
e)(
3));

(
v)
All
information
necessary,
including
actions
taken,
to
demonstrate
conformance
with
the
affected
source's
startup,
shutdown,
and
malfunction
plan
(
see
§
63.6(
e)(
3))
when
all
actions
taken
during
periods
of
startup
or
shutdown
(
and
the
startup
or
shutdown
causes
the
source
to
exceed
any
applicable
emission
limitation
in
the
relevant
emission
standards),
and
malfunction
(
including
corrective
actions
to
restore
malfunctioning
process
and
air
pollution
control
and
monitoring
equipment
to
its
normal
or
usual
manner
of
operation)
are
consistent
with
the
procedures
specified
in
such
plan.
*
*
*

*
*
*
*
*

(
d)
*
*
*

(
5)(
i)
*
*
*
If
actions
taken
by
an
owner
or
operator
during
a
startup
or
shutdown
(
and
the
startup
or
shutdown
causes
the
source
to
exceed
any
applicable
emission
limitation
in
the
relevant
emission
standards),
or
malfunction
of
an
affected
source
(
including
actions
taken
61
to
correct
a
malfunction)
are
consistent
with
the
procedures
specified
in
the
source's
startup,
shutdown,
and
malfunction
plan
(
see
§
63.6(
e)(
3)),
the
owner
or
operator
shall
state
such
information
in
a
startup,
shutdown,
and
malfunction
report.
Actions
taken
to
minimize
emissions
during
such
startups,
shutdowns,
and
malfunctions
shall
be
summarized
in
the
report
and
may
be
done
in
checklist
form;

if
actions
taken
are
the
same
for
each
event,
only
one
checklist
is
necessary.
Such
a
report
shall
also
include
the
number,
duration,
and
a
brief
description
for
each
type
of
malfunction
which
occurred
during
the
reporting
period
and
which
caused
or
may
have
caused
any
applicable
emission
limitation
to
be
exceeded.
Reports
shall
only
be
required
if
a
startup
or
shutdown
caused
the
source
to
exceed
any
applicable
emission
limitation
in
the
relevant
emission
standards,
or
if
a
malfunction
occurred
during
the
reporting
period.
*
*
*

(
ii)
*
*
*
Notwithstanding
the
allowance
to
reduce
the
frequency
of
reporting
for
periodic
startup,
shutdown,

and
malfunction
reports
under
paragraph
(
d)(
5)(
i)
of
this
section,
any
time
an
action
taken
by
an
owner
or
operator
during
a
startup
or
shutdown
that
caused
the
source
to
exceed
any
applicable
emission
limitation
in
the
relevant
62
emission
standards,
or
malfunction
(
including
actions
taken
to
correct
a
malfunction)
is
not
consistent
with
the
procedures
specified
in
the
affected
source's
startup,

shutdown,
and
malfunction
plan,
the
owner
or
operator
shall
report
the
actions
taken
for
that
event
within
2
working
days
after
commencing
actions
inconsistent
with
the
plan
followed
by
a
letter
within
7
working
days
after
the
end
of
the
event.
The
immediate
report
required
under
this
paragraph
(
d)(
5)(
ii)
shall
consist
of
a
telephone
call
(
or
facsimile
(
FAX)
transmission)
to
the
Administrator
within
2
working
days
after
commencing
actions
inconsistent
with
the
plan,
and
it
shall
be
followed
by
a
letter,
delivered
or
postmarked
within
7
working
days
after
the
end
of
the
event,
that
contains
the
name,
title,
and
signature
of
the
owner
or
operator
or
other
responsible
official
who
is
certifying
its
accuracy,
explaining
the
circumstances
of
the
event,
the
reasons
for
not
following
the
startup,

shutdown,
and
malfunction
plan,
describing
all
excess
emissions
and/
or
parameter
monitoring
exceedances
which
are
believed
to
have
occurred
(
or
could
have
occurred
in
the
case
of
malfunctions),
and
actions
taken
to
minimize
emissions
in
conformance
with
§
63.6(
e)(
1)(
i).
*
*
*

*
*
*
*
*
63
Subpart
F­ (
AMENDED)

5.
Section
63.102
is
amended
by
revising
paragraph
(
a)(
4)
to
read
as
follows:

§
63.102
General
standards.

(
a)
*
*
*

(
4)
During
start­
ups,
shutdowns,
and
malfunctions
when
the
requirements
of
this
subpart
F,
subparts
G
and/
or
H
of
this
part
do
not
apply
pursuant
to
paragraphs
(
a)(
1)

through
(
a)(
3)
of
this
section,
the
owner
or
operator
shall
implement,
to
the
extent
reasonably
available,
measures
to
prevent
or
minimize
excess
emissions
to
the
extent
practical.
The
general
duty
to
minimize
emissions
during
a
period
of
startup,
shutdown,
or
malfunction
does
not
require
the
owner
or
operator
to
achieve
emission
levels
that
would
be
required
by
the
applicable
standard
at
other
times
if
this
is
not
consistent
with
safety
and
good
air
pollution
control
practices,
nor
does
it
require
the
owner
or
operator
to
make
any
further
efforts
to
reduce
emissions
if
levels
required
by
the
applicable
standard
have
been
achieved.
Determination
of
whether
such
operation
and
maintenance
procedures
are
being
used
will
be
based
on
information
available
to
the
Administrator
which
may
include,
but
is
not
limited
to,
monitoring
results,
review
64
of
operation
and
maintenance
procedures
(
including
the
startup,
shutdown,
and
malfunction
plan
required
in
§
63.6(
e)(
3)),
review
of
operation
and
maintenance
records,

and
inspection
of
the
source.
The
measures
to
be
taken
may
include,
but
are
not
limited
to,
air
pollution
control
technologies,
recovery
technologies,
work
practices,

pollution
prevention,
monitoring,
and/
or
changes
in
the
manner
of
operation
of
the
source.
Back­
up
control
devices
are
not
required,
but
may
be
used
if
available.

*
*
*
*
*

6.
Section
63.105
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:

§
63.105
Maintenance
wastewater
requirements.

*
*
*
*
*

(
d)
The
owner
or
operator
shall
incorporate
the
procedures
described
in
paragraphs
(
b)
and
(
c)
of
this
section
as
part
of
the
startup,
shutdown,
and
malfunction
plan
required
under
§
63.6(
e)(
3).

*
*
*
*
*

7.
Table
3
to
Subpart
F
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:
65
Table
3
to
Subpart
F
of
Part
63 
General
Provisions
Applicability
to
Subparts
F,
G,
and
H
to
Subpart
F
Reference
Applies
to
subparts
F,
G,
and
H
Comment
*
*
*
*
*
*
*

63.6(
e)(
3)(
ix)....
Yes...

*
*
*
*
*
*
*

*
*
*
*
*

Subpart
G­ [
AMENDED]

8.
Section
63.152
is
amended
by
revising
paragraphs
(
c)(
2)(
ii)(
C)(
1)
and
(
g)(
2)(
iv)(
A)
to
read
as
follows:

§
63.152
General
reporting
and
continuous
records.

*
*
*
*
*

(
c)
*
*
*

(
2)
*
*
*

(
ii)
*
*
*

(
C)
*
*
*

(
1)
Periods
of
startup,
shutdown,
or
malfunction.

During
periods
of
startup,
shutdown,
or
malfunction
when
the
source
is
operated
during
such
periods
in
accordance
with
§
63.102(
a)(
4).

*
*
*
*
*

(
g)
*
*
*
66
(
2)
*
*
*

(
iv)
*
*
*

(
A)
The
daily
average
value
during
any
startup,

shutdown,
or
malfunction
shall
not
be
considered
an
excursion
for
purposes
of
this
paragraph
(
g)(
2),
if
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.102(
a)(
4).

*
*
*
*
*

Subpart
L­ [
AMENDED]

9.
Section
63.301
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

§
63.301
Definitions.

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

10.
Section
63.310
is
amended
by
revising
paragraphs
(
b)
and
(
c)
to
read
as
follows:
67
§
63.310
Requirements
for
startups,
shutdowns,
and
malfunctions.

*
*
*
*
*

(
b)
Each
owner
or
operator
of
a
coke
oven
battery
shall
develop,
according
to
paragraph
(
c)
of
this
section,

a
written
startup,
shutdown,
and
malfunction
plan
that
describes
procedures
for
operating
the
battery,
including
associated
air
pollution
control
equipment,
during
a
period
of
a
startup,
shutdown,
or
malfunction
in
a
manner
consistent
with
good
air
pollution
control
practices
for
minimizing
emissions,
and
procedures
for
correcting
malfunctioning
process
and
air
pollution
control
equipment
as
quickly
as
practicable.

(
c)
Malfunctions
shall
be
corrected
as
soon
as
practicable
after
their
occurrence.

*
*
*
*
*

Subpart
N­­[
AMENDED]

11.
Section
63.342
is
amended
by:

a.
Revising
paragraphs
(
f)(
1)(
i)
and
(
ii);
and
b.
Revising
the
first
sentence
in
paragraph
(
f)(
3)(
i)

introductory
text
to
read
as
follows:

§
63.342
Standards.

*
*
*
*
*
68
(
f)
*
*
*

(
1)(
i)
At
all
times,
including
periods
of
startup,

shutdown,
and
malfunction,
owners
or
operators
shall
operate
and
maintain
any
affected
source,
including
associated
air
pollution
control
devices
and
monitoring
equipment,
in
a
manner
consistent
with
good
air
pollution
control
practices.

(
ii)
Malfunctions
shall
be
corrected
as
soon
as
practicable
after
their
occurrence.

*
*
*
*
*

(
3)
Operation
and
maintenance
plan.
(
i)
The
owner
or
operator
of
an
affected
source
subject
to
paragraph
(
f)
of
this
section
shall
prepare
an
operation
and
maintenance
plan
no
later
than
the
compliance
date,
except
for
hard
chromium
electroplaters
and
the
chromium
anodizing
operations
in
California
which
have
until
January
25,
1998.

*
*
*

*
*
*
*
*

Subpart
U­ [
AMENDED]

§
63.480
­
[
Amended]

12.
Section
63.480
is
amended
by
removing
the
third
sentence
in
paragraph
(
j)(
1).

13.
Section
63.506
is
amended
by:
69
a.
Revising
the
first
sentence
in
paragraph
(
b)(
1)

introductory
text;
and
b.
Revising
paragraph
(
h)(
2)(
iv)(
A)
to
read
as
follows:

§
63.506
General
recordkeeping
and
reporting
provisions.

*
*
*
*
*

(
b)
*
*
*

(
1)
*
*
*
The
owner
or
operator
of
an
affected
source
shall
develop
a
written
startup,
shutdown,
and
malfunction
plan
as
specified
in
§
63.6(
e)(
3).
*
*
*

*
*
*
*
*

(
h)
*
*
*

(
2)
*
*
*

(
iv)
*
*
*

(
A)
The
daily
average
or
batch
cycle
daily
average
value
during
any
startup,
shutdown,
or
malfunction
shall
not
be
considered
an
excursion
for
purposes
of
paragraph
(
h)(
2)
of
this
section,
if
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*
70
14.
Table
1
to
Subpart
U
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
1
to
Subpart
U
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
U
Affected
Sources
Reference
Applies
to
subpart
U
Explanation
*
*
*
*
*
*
*

§
63.6(
e)(
3)(
ix)....
Yes...

*
*
*
*
*
*
*

*
*
*
*
*

Subpart
W­ [
AMENDED]

15.
Section
63.526
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.526
Monitoring
requirements.

*
*
*
*
*

(
c)
Periods
of
time
when
monitoring
measurements
exceed
the
parameter
values
do
not
constitute
a
violation
if
they
occur
during
a
startup,
shutdown,
or
malfunction,

and
the
facility
is
operated
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
Y­ [
AMENDED]
71
16.
Section
63.562
is
amended
by
revising
the
first
sentence
of
paragraph
(
e)(
2)
introductory
text
to
read
as
follows:

§
63.562
Standards.

*
*
*
*
*

(
e)
*
*
*

(
2)
The
owner
or
operator
of
an
affected
source
shall
develop
a
written
operation
and
maintenance
plan
that
describes
in
detail
a
program
of
corrective
action
for
varying
(
i.
e.,
exceeding
baseline
parameters)
air
pollution
control
equipment
and
monitoring
equipment,
based
on
monitoring
requirements
in
§
63.564,
used
to
comply
with
these
emissions
standards.
*
*
*

*
*
*
*
*

Subpart
AA­­[
AMENDED]

17.
Section
63.600
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:

§
63.600
Applicability.

*
*
*
*
*

(
e)
The
emission
limitations
and
operating
parameter
requirements
of
this
subpart
do
not
apply
during
periods
of
startup,
shutdown,
or
malfunction,
as
those
terms
are
72
defined
in
§
63.2,
provided
that
the
source
is
operated
in
accordance
with
§
63.6(
e)(
1)(
i).

Subpart
BB ­[
AMENDED]

18.
Section
63.620
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:

§
63.620
Applicability.

*
*
*
*
*

(
e)
The
emission
limitations
and
operating
parameter
requirements
of
this
subpart
do
not
apply
during
periods
of
startup,
shutdown,
or
malfunction,
as
those
terms
are
defined
in
§
63.2,
provided
that
the
source
is
operated
in
accordance
with
§
63.6(
e)(
1)(
i).

Subpart
DD­ [
AMENDED]

19.
Section
63.695
is
amended
by
revising
paragraph
(
e)(
6)(
i)(
A)
to
read
as
follows:

§
63.695
Inspection
and
monitoring
requirements.

*
*
*
*
*

(
e)
*
*
*

(
6)
*
*
*

(
i)
*
*
*

(
A)
During
a
period
of
startup,
shutdown,
or
malfunction
when
the
affected
facility
is
operated
during
such
period
in
accordance
with
§
63.6(
e)(
1);
or
73
*
*
*
*
*

Subpart
GG­ [
AMENDED]

20.
Section
63.743
is
amended
by
revising
the
first
sentence
in
paragraph
(
b)
introductory
text
as
follows:

§
63.743
Standards:
General.

*
*
*
*
*

(
b)
*
*
*
Each
owner
or
operator
that
uses
an
air
pollution
control
device
or
equipment
to
control
HAP
emissions
shall
prepare
a
startup,
shutdown,
and
malfunction
plan
in
accordance
with
§
63.6.
*
*
*

*
*
*
*
*

Subpart
HH­ [
AMENDED]

21.
Section
63.773
is
amended
by
revising
paragraph
(
d)(
8)(
i)(
A)
to
read
as
follows:

§
63.773
Inspection
and
monitoring
requirements.

*
*
*
*
*

(
d)
*
*
*

(
8)
*
*
*

(
i)
*
*
*

(
A)
During
a
period
of
startup,
shutdown,
or
malfunction
when
the
affected
facility
is
operated
during
such
period
in
accordance
with
§
63.6(
e)(
1);
or
*
*
*
*
*
74
22.
Table
2
to
Subpart
HH
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
2
to
Subpart
HH
of
Part
63 
Applicability
of
40
CFR
Part
63
General
Provisions
to
Subpart
HH
General
Provisions
reference
Applies
to
subpart
HH
Explanation
*
*
*
*
*
*
*

§
63.6(
e)(
3)(
ix)....
Yes...

*
*
*
*
*
*
*

Subpart
LL­ [
AMENDED]

23.
Section
63.848
is
amended
by
revising
the
first
sentence
in
paragraph
(
h)
to
read
as
follows:

§
63.848
Emission
monitoring
requirements.

*
*
*
*
*

(
h)
*
*
*
If
a
monitoring
device
for
a
primary
control
device
measures
an
operating
parameter
outside
the
limit(
s)
established
pursuant
to
§
63.847(
h),
if
visible
emissions
indicating
abnormal
operation
are
observed
from
the
exhaust
stack
of
a
control
device
during
a
daily
inspection,
or
if
a
problem
is
detected
during
the
daily
inspection
of
a
wet
roof
scrubber
for
potline
secondary
75
emission
control,
the
owner
or
operator
shall
initiate
corrective
action
procedures
within
1
hour.
*
*
*

*
*
*
*
*

24.
Section
63.850
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
introductory
text
to
read
as
follows:

§
63.850
Notification,
reporting,
and
recordkeeping
requirements.

*
*
*
*
*

(
c)
*
*
*
The
owner
or
operator
shall
develop
a
written
plan
as
described
in
§
63.6(
e)(
3)
that
contains
specific
procedures
to
be
followed
for
operating
the
source
and
maintaining
the
source
during
periods
of
startup,

shutdown,
and
malfunction
and
a
program
of
corrective
action
for
malfunctioning
process
and
control
systems
used
to
comply
with
the
standards.
*
*
*

*
*
*
*
*

Subpart
MM ­[
AMENDED]

25.
Section
63.864
is
amended
by
revising
paragraphs
(
k)(
1)
introductory
text
and
the
first
sentence
in
paragraph
(
k)(
2)(
v)
to
read
as
follows:

§
63.864
Monitoring
requirements.

*
*
*
*
*
76
(
k)
*
*
*
(
1)
Following
the
compliance
date,
owners
or
operators
of
all
affected
sources
or
process
units
are
required
to
implement
corrective
action
if
the
monitoring
exceedances
in
paragraphs
(
k)(
1)(
i)
through
(
vi)
of
this
section
occur:

*
*
*
*
*

(
2)
*
*
*

(
v)
For
the
hog
fuel
dryer
at
Weyerhaeuser
Paper
Company's
Cosmopolis,
Washington
facility
(
Emission
Unit
no.
HD 
14),
when
corrective
action
is
not
initiated
within
1
hour
of
a
bag
leak
detection
system
alarm
and
the
alarm
is
engaged
for
more
than
5
percent
of
the
total
operating
time
in
a
6­
month
block
reporting
period.
*
*
*

*
*
*
*
*

26.
Section
63.866
is
amended
by
revising
the
first
sentence
in
paragraph
(
a)
introductory
text
to
read
as
follows:

§
63.866
Recordkeeping
requirements.

(
a)
*
*
*
The
owner
or
operator
must
develop
a
written
plan
as
described
in
§
63.6(
e)(
3)
that
contains
specific
procedures
for
operating
the
source
and
maintaining
the
source
during
periods
of
startup,
shutdown,
and
malfunction,
and
a
program
of
corrective
action
for
77
malfunctioning
process
and
control
systems
used
to
comply
with
the
standards.
*
*
*

*
*
*
*
*

Subpart
SS ­[
AMENDED]

27.
Section
63.998
is
amended
by:

a.
Revising
paragraph
(
b)(
2)(
iii);

b.
Revising
paragraph
(
b)(
6)(
i)(
A);
and
c.
Revising
the
second
sentence
in
paragraph
(
b)(
6)(
ii)
to
read
as
follows:

§
63.998
Recordkeeping
requirements.

*
*
*
*
*

(
b)
*
*
*

(
2)
*
*
*

(
iii)
Startups,
shutdowns,
and
malfunctions,
if
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.1111(
a)
and
maintains
the
records
specified
in
paragraph
(
d)(
3)
of
this
section.

*
*
*
*
*

(
6)(
i)
*
*
*

(
A)
The
daily
average
value
during
any
startup,

shutdown,
or
malfunction
shall
not
be
considered
an
excursion
if
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.1111(
a)
and
78
maintains
the
records
specified
in
paragraph
(
d)(
3)
of
this
section.

*
*
*
*
*

(
ii)
*
*
*
If
a
source
has
developed
a
startup,

shutdown
and
malfunction
plan,
and
a
monitored
parameter
is
outside
its
established
range
or
monitoring
data
are
not
collected
during
periods
of
start­
up,
shutdown,
or
malfunction
(
and
the
source
is
operated
during
such
periods
in
accordance
with
§
63.1111(
a))
or
during
periods
of
nonoperation
of
the
process
unit
or
portion
thereof
(
resulting
in
cessation
of
the
emissions
to
which
monitoring
applies),
then
the
excursion
is
not
a
violation
and,
in
cases
where
continuous
monitoring
is
required,
the
excursion
does
not
count
as
the
excused
excursion
for
determining
compliance.

*
*
*
*
*

Subpart
YY­ [
AMENDED]

28.
Section
63.1101
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

§
63.1101
Definitions.

*
*
*
*
*
79
Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

29.
Section
63.1108
is
amended
by:

a.
Removing
the
second
sentence
in
paragraph
(
a)(
1)

introductory
text;

b.
Revising
paragraph
(
a)(
6);
and
c.
Revising
paragraph
(
b)(
2)(
i)
to
read
as
follows:

§
63.1108
Compliance
with
standards
and
operation
and
maintenance
requirements.

(
a)
*
*
*

(
6)
Malfunctions
shall
be
corrected
as
soon
as
practical
after
their
occurrence.

*
*
*
*
*

(
b)
*
*
*

(
2)
*
*
*

(
i)
During
periods
of
startup,
shutdown,
or
malfunction
(
and
the
source
is
operated
during
such
periods
in
accordance
with
§
63.1111(
a)),
or
80
*
*
*
*
*

30.
Section
63.1111
is
amended
by
revising
the
first
and
fifth
sentences
in
paragraph
(
a)(
1)
introductory
text
and
revising
paragraph
(
a)(
2)
to
read
as
follows:

§
63.1111
Startup,
shutdown,
and
malfunction.

(
a)
*
*
*
(
1)
Description
and
purpose
of
plan.
The
owner
or
operator
of
an
affected
source
shall
develop
a
written
startup,
shutdown,
and
malfunction
plan
that
describes,
in
detail,
procedures
for
operating
and
maintaining
the
affected
source
during
periods
of
startup,

shutdown,
and
malfunction.
*
*
*
The
requirement
to
develop
this
plan
shall
be
incorporated
into
the
source's
title
V
permit.
*
*
*

*
*
*
*
*

(
2)
Operation
of
source.
During
periods
of
startup,

shutdown,
and
malfunction,
the
owner
or
operator
of
an
affected
source
subject
to
this
subpart
YY
shall
operate
and
maintain
such
affected
source
(
including
associated
air
pollution
control
equipment
and
CPMS)
in
a
manner
consistent
with
safety
and
good
air
pollution
control
practices
for
minimizing
emissions
to
the
extent
practical.

The
general
duty
to
minimize
emissions
during
a
period
of
startup,
shutdown,
or
malfunction
does
not
require
the
81
owner
or
operator
to
achieve
emission
levels
that
would
be
required
by
the
applicable
standard
at
other
times
if
this
is
not
consistent
with
safety
and
good
air
pollution
control
practices,
nor
does
it
require
the
owner
or
operator
to
make
any
further
efforts
to
reduce
emissions
if
levels
required
by
the
applicable
standard
have
been
achieved.
Determination
of
whether
such
operation
and
maintenance
procedures
are
being
used
will
be
based
on
information
available
to
the
Administrator
which
may
include,
but
is
not
limited
to,
monitoring
results,
review
of
operation
and
maintenance
procedures
(
including
the
startup,
shutdown,
and
malfunction
plan
required
by
this
section),
review
of
operation
and
maintenance
records,
and
inspection
of
the
source.

*
*
*
*
*

Subpart
CCC ­[
AMENDED]

31.
Section
63.1164
is
amended
by
revising
the
last
sentence
in
paragraph
(
c)
introductory
text
and
revising
paragraph
(
c)(
1)
to
read
as
follows:

§
63.1164
Reporting
requirements.

*
*
*
*
*

(
c)
*
*
*
Malfunctions
must
be
corrected
as
soon
as
practicable
after
their
occurrence.
82
(
1)
Plan.
As
required
by
§
63.6(
e)(
3)
of
subpart
A
of
this
part,
the
owner
or
operator
shall
develop
a
written
startup,
shutdown,
and
malfunction
plan
that
describes,
in
detail,
procedures
for
operating
and
maintaining
the
source
during
periods
of
startup,
shutdown,
or
malfunction,
and
a
program
of
corrective
action
for
malfunctioning
process
and
air
pollution
control
equipment
used
to
comply
with
the
relevant
standards.

*
*
*
*
*

Subpart
EEE­ [
AMENDED]

32.
Section
63.1206
is
amended
by
revising
paragraphs
(
c)(
2)(
v)(
A)(
2)
and
(
c)(
2)(
v)(
B)(
4)
to
read
as
follows:

§
63.1206
When
and
how
must
you
comply
with
the
standards
and
operating
requirements?

*
*
*
*
*

(
c)
*
*
*

(
2)
*
*
*

(
v)
*
*
*

(
A)
*
*
*

(
2)
Although
the
automatic
waste
feed
cutoff
requirements
continue
to
apply
during
a
malfunction,
an
exceedance
of
an
emission
standard
monitored
by
a
CEMS
or
COMS
or
operating
limit
specified
under
§
63.1209
is
not
a
83
violation
of
this
subpart
EEE
if
you
operate
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

(
B)
*
*
*

(
4)
Although
the
automatic
waste
feed
cutoff
requirements
of
this
paragraph
(
c)(
2)(
v)(
B)(
4)
apply
during
startup
and
shutdown,
an
exceedance
of
an
emission
standard
or
operating
limit
is
not
a
violation
of
this
subpart
EEE
if
you
operate
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
GGG­ [
AMENDED]

33.
Section
63.1251
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

§
63.1251
Definitions.

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
emissions
monitoring
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*
84
*
*
*
*
*

34.
Section
63.1256
is
amended
by
revising
paragraph
(
a)(
4)(
iii)
to
read
as
follows:

§
63.1256
Standards:
wastewater.

(
a)
*
*
*

(
4)
*
*
*

(
iii)
The
owner
or
operator
shall
incorporate
the
procedures
described
in
paragraphs
(
a)(
4)(
i)
and
(
ii)
of
this
section
as
part
of
the
startup,
shutdown,
and
malfunction
plan
required
under
§
63.6(
e)(
3).

*
*
*
*
*

35.
Section
63.1258
is
amended
by
revising
paragraph
(
b)(
8)(
iv)
to
read
as
follows:

§
63.1258
Monitoring
requirements.

*
*
*
*
*

(
b)
*
*
*

(
8)
*
*
*

(
iv)
Periods
of
time
when
monitoring
measurements
exceed
the
parameter
values
as
well
as
periods
of
inadequate
monitoring
data
do
not
constitute
a
violation
if
they
occur
during
a
start­
up,
shutdown,
or
malfunction,
and
the
facility
operates
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*
85
36.
Section
63.1259
is
amended
by
revising
the
first
sentence
in
paragraph
(
a)(
3)
introductory
text
to
read
as
follows:

§
63.1259
Recordkeeping
requirements.

(
a)
*
*
*

(
3)
*
*
*
The
owner
or
operator
of
an
affected
source
shall
develop
a
written
startup,
shutdown,
and
malfunction
plan
as
specified
in
§
63.6(
e)(
3).
*
*
*

*
*
*
*
*

Subpart
HHH ­[
AMENDED]

37.
Section
63.1283
is
amended
by
revising
paragraph
(
d)(
8)(
i)(
A)
to
read
as
follows:

§
63.1283
Inspection
and
monitoring
requirements.

*
*
*
*
*

(
d)
*
*
*

(
8)
*
*
*

(
i)
*
*
*

(
A)
During
a
period
of
startup,
shutdown,
or
malfunction
when
the
affected
facility
is
operated
during
such
period
in
accordance
with
§
63.6(
e)(
1);
or
*
*
*
*
*
86
38.
Table
2
to
Subpart
HHH
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Appendix:
Table
2
to
Subpart
HHH
of
Part
63 
Applicability
of
40
CFR
Part
63
General
Provisions
to
Subpart
HHH
General
Provisions
reference
Applies
to
subpart
HHH
Explanation
*
*
*
*
*
*
*

§
63.6(
e)(
3)(
ix)....
Yes...

*
*
*
*
*
*
*

Subpart
JJJ­ [
AMENDED]

§
63.1310
­
[
Amended]

39.
Section
63.1310
is
amended
by
removing
the
third
sentence
in
paragraph
(
j)(
1).

40.
Section
63.1335
is
amended
by:

a.
Revising
the
first
sentence
in
paragraph
(
b)(
1)

introductory
text;
and
b.
Revising
paragraph
(
h)(
2)(
iv)(
A)
to
read
as
follows:

§
63.1335
General
recordkeeping
and
reporting
provisions.

*
*
*
*
*

(
b)
*
*
*
87
(
1)
*
*
*
The
owner
or
operator
of
an
affected
source
shall
develop
a
written
startup,
shutdown,
and
malfunction
plan
as
specified
in
§
63.6(
e)(
3).
*
*
*

*
*
*
*
*

(
h)
*
*
*

(
2)
*
*
*

(
iv)
*
*
*

(
A)
The
daily
average
or
(
batch
cycle
daily
average)

value
during
any
startup,
shutdown,
or
malfunction
shall
not
be
considered
an
excursion
for
purposes
of
paragraph
(
h)(
2)
of
this
section,
if
the
owner
or
operator
follows
the
applicable
provisions
of
§
63.6(
e)(
1).

*
*
*
*
*

41.
Table
1
to
Subpart
JJJ
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
1
to
Subpart
JJJ
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
JJJ
Affected
Sources
Reference
Applies
to
subpart
JJJ
Explanation
*
*
*
*
*
*
*

§
63.6(
e)(
3)(
ix)....
Yes...

*
*
*
*
*
*
*
*
*
*
*
*

Subpart
MMM ­[
AMENDED]
88
42.
Section
63.1361
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

§
63.1361
Definitions.

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
emissions
monitoring
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

43.
Section
63.1366
is
amended
by
revising
paragraph
(
b)(
8)(
iv)
to
read
as
follows:

§
63.1366
Monitoring
and
inspection
requirements.

*
*
*
*
*

(
b)
*
*
*

(
8)
*
*
*

(
iv)
Periods
of
time
when
monitoring
measurements
exceed
the
parameter
values
as
well
as
periods
of
inadequate
monitoring
data
do
not
constitute
a
violation
if
89
they
occur
during
a
startup,
shutdown,
or
malfunction,
and
the
facility
operates
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

44.
Section
63.1367
is
amended
by
revising
the
first
sentence
in
paragraph
(
a)(
3)
introductory
text
to
read
as
follows:

§
63.1367
Recordkeeping
requirements.

(
a)
*
*
*

(
3)
*
*
*
The
owner
or
operator
of
an
affected
source
shall
develop
a
written
startup,
shutdown,
and
malfunction
plan
as
specified
in
§
63.6(
e)(
3).
*
*
*

*
*
*
*
*

Subpart
NNN­ [
AMENDED]

45.
Section
63.1386
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)(
1)
introductory
text
to
read
as
follows:

§
63.1386
Notification,
recordkeeping,
and
reporting
requirements.

*
*
*
*
*

(
c)
*
*
*

(
1)
The
owner
or
operator
shall
develop
a
written
plan
as
described
in
§
63.6(
e)(
3)
that
contains
specific
procedures
to
be
followed
for
operating
the
source
and
90
maintaining
the
source
during
periods
of
startup,
shutdown,

and
malfunction
and
a
program
of
corrective
action
for
malfunctioning
process
modifications
and
control
systems
used
to
comply
with
the
standards.
*
*
*

*
*
*
*
*

Subpart
OOO­ [
AMENDED]

§
63.1400
­
[
Amended]

46.
Section
63.1400
is
amended
by
removing
the
third
sentence
in
paragraph
(
k)(
1)
and
by
removing
the
last
sentence
in
paragraph
(
k)(
2).

47.
Section
63.1402
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
in
paragraph
(
b)

to
read
as
follows:

§
63.1402
Definitions.

*
*
*
*
*

(
b)
*
*
*

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment
or
process
equipment,
or
failure
of
a
process
to
operate
in
a
normal
or
usual
manner,
or
opening
of
a
safety
device
which
causes,
or
has
the
potential
to
cause,
the
91
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

48.
Section
63.1413
is
amended
by
revising
the
first
sentence
in
paragraph
(
h)(
4)
introductory
text
and
paragraph
(
5)
introductory
text
to
read
as
follows:

§
63.1413
Compliance
demonstration
procedures.

*
*
*
*
*

(
h)
*
*
*

(
4)
Deviation
from
the
emission
standard.
If
an
affected
source
is
not
operated
during
periods
of
startup,

shutdown,
or
malfunction
in
accordance
with
§
63.6(
e)(
1),

there
has
been
a
deviation
from
the
emission
standard.
*
*

*

*
*
*
*
*

(
5)
Situations
that
are
not
deviations.
If
an
affected
source
is
operated
during
periods
of
startup,

shutdown,
or
malfunction
in
accordance
with
§
63.6(
e)(
1),

and
any
of
the
situations
listed
in
paragraphs
(
h)(
5)(
i)

through
(
iv)
of
this
section
occur,
such
situations
shall
not
be
considered
to
be
deviations.

*
*
*
*
*

49.
Section
63.1416
is
amended
by:
92
a.
Revising
the
first
sentence
in
paragraph
(
b)

introductory
text;
and
b.
Revising
paragraph
(
h)(
2)(
iv)
to
read
as
follows:

§
63.1416
Recordkeeping
requirements.

*
*
*
*
*

(
b)
*
*
*
The
owner
or
operator
of
an
affected
source
shall
develop
a
startup,
shutdown,
and
malfunction
plan
as
specified
in
§
63.6(
e)(
3)
and
shall
keep
the
plan
on­
site.
*

*
*

*
*
*
*
*

(
h)
*
*
*

(
2)
*
*
*

(
iv)
For
purposes
of
paragraph
(
h)(
2)
of
this
section,
a
deviation
means
that
the
daily
average,
batch
cycle
daily
average,
or
block
average
value
of
monitoring
data
for
a
parameter
is
greater
than
the
maximum,
or
less
than
the
minimum
established
value,
except
that
the
daily
average,
batch
cycle
daily
average,
or
block
average
value
during
any
startup,
shutdown,
or
malfunction
shall
not
be
considered
a
deviation,
if
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.6(
e)(
1).
93
50.
Table
1
to
Subpart
OOO
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
1
to
Subpart
OOO
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
OOO
Affected
Sources
Reference
Applies
to
subpart
OOO
Explanation
*
*
*
*
*
*
*

63.6(
e)(
3)(
ix)....
Yes...

*
*
*
*
*
*
*
*
*
*
*
*

Subpart
PPP ­[
AMENDED]

§
63.1420
­
[
Amended]

51.
Section
63.1420
is
amended
by
removing
the
third
sentence
in
paragraph
(
h)(
1).

52.
Section
63.1439
is
amended
by:

a.
Revising
the
first
sentence
in
paragraph
(
b)(
1)

introductory
text;
and
b.
Revising
paragraph
(
h)(
2)(
iv)(
A)
to
read
as
follows:

§
63.1439
General
recordkeeping
and
reporting
provisions.

*
*
*
*
*

(
b)
*
*
*
94
(
1)
*
*
*
The
owner
or
operator
of
an
affected
source
shall
develop
a
written
startup,
shutdown,
and
malfunction
plan
as
specified
in
§
63.6(
e)(
3).
*
*
*

*
*
*
*
*

(
h)
*
*
*

(
2)
*
*
*

(
iv)
*
*
*

(
A)
The
daily
average
value
during
any
startup,

shutdown,
or
malfunction
shall
not
be
considered
an
excursion
for
purposes
of
paragraph
(
h)(
2)
of
this
section,

if
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

53.
Table
2
to
Subpart
PPP
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
1
to
Subpart
PPP
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
PPP
Affected
Sources
Reference
Applies
to
subpart
PPP
Explanation
*
*
*
*
*
*
*

63.6(
e)(
3)(
ix)....
Yes...

*
*
*
*
*
*
*

*
*
*
*
*
95
Subpart
QQQ­ [
AMENDED]

54.
Section
63.1448
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.1448
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

55.
Section
63.1453
is
amended
by
revising
paragraph
(
c)(
1)(
ii)
to
read
as
follows:

§
63.1453
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations,
work
practice
standards,
and
operation
and
maintenance
requirements
that
apply
to
me?

*
*
*
*
*

(
c)
*
*
*

(
1)
*
*
*

(
ii)
Alarms
that
occur
during
startup,
shutdown,
or
malfunction
are
not
included
in
the
calculation
if
the
condition
is
described
in
the
startup,
shutdown,
and
malfunction
plan,
and
you
operated
the
source
during
such
periods
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*
96
Subpart
RRR­ [
AMENDED]

56.
Section
63.1516
is
amended
by
revising
the
first
sentence
in
paragraph
(
a)
introductory
text
as
follows:

§
63.1516
Reports.

(
a)
*
*
*
The
owner
or
operator
must
develop
a
written
plan
as
described
in
§
63.6(
e)(
3)
that
contains
specific
procedures
to
be
followed
for
operating
and
maintaining
the
source
during
periods
of
startup,
shutdown,
and
malfunction,
and
a
program
of
corrective
action
for
malfunctioning
process
and
air
pollution
control
equipment
used
to
comply
with
the
standard.
*
*
*

*
*
*
*
*

Subpart
TTT ­[
AMENDED]

57.
Section
63.1542
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

§
63.1542
Definitions.

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
97
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

58.
Section
63.1547
is
amended
by
revising
paragraph
(
g)(
2)
to
read
as
follows:

§
63.1547
Monitoring
requirements.

*
*
*
*
*

(
g)
*
*
*

(
2)
Alarms
that
occur
during
startup,
shutdown,
or
malfunction
shall
not
be
included
in
the
calculation
if
the
condition
is
described
in
the
startup,
shutdown,
and
malfunction
plan
and
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
UUU­ [
AMENDED]

59.
Section
63.1570
is
amended
by:

a.
Revising
paragraph
(
d);

b.
Removing
and
reserving
paragraph
(
e);
and
c.
Revising
paragraph
(
g)
to
read
as
follows:

§
63.1570
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*
98
(
d)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

(
e)
[
Reserved]

*
*
*
*
*

(
g)
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
§
63.6(
e)(
1).
The
SSMP
must
include
elements
designed
to
minimize
the
frequency
of
such
periods
(
i.
e.,
root
cause
analysis).
The
Administrator
will
determine
whether
deviations
that
occur
during
a
period
of
startup,
shutdown,
or
malfunction
are
violations,
according
to
the
provisions
in
§
63.6(
e).

60.
Table
44
to
Subpart
UUU
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
44
to
Subpart
UUU
of
Part
63 
Applicability
of
NESHAP
General
Provisions
to
Subpart
UUU
As
stated
in
§
63.1577,
you
must
meet
each
requirement
in
the
following
table
that
applies
to
you.
Citation
Subject
Applies
to
subpart
UUU
Explanation
99
*
*
*
*
*
*
*

§
63.6(
e)(
3)(
ix)...
........
Yes...

*
*
*
*
*
*
*

Subpart
XXX­ [
AMENDED]

61.
Section
63.1651
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

62.
Section
63.1656
is
amended
by
revising
paragraph
(
e)(
2)(
ii)
to
read
as
follows:

§
63.1656
Performance
testing,
test
methods,
and
compliance
demonstrations.

*
*
*
*
*

(
e)
*
*
*

(
2)
*
*
*
100
(
ii)
Do
not
include
alarms
that
occur
during
startup,

shutdown,
and
malfunction
in
the
calculation
if
the
condition
is
described
in
the
startup,
shutdown,
and
malfunction
plan
and
the
owner
or
operator
operates
the
source
during
such
periods
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
AAAA ­[
AMENDED]

63.
Section
63.1960
is
amended
by
revising
the
fourth
and
sixth
sentences
to
read
as
follows:

§
63.1960
How
is
compliance
determined?

*
*
*
Finally,
you
must
develop
a
written
SSM
plan
according
to
the
provisions
in
40
CFR
63.6(
e)(
3).
*
*
*

Failure
to
write
or
maintain
a
copy
of
the
SSM
plan
is
a
deviation
from
the
requirements
of
this
subpart.

64.
Section
63.1965
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.1965
What
is
a
deviation?

*
*
*
*
*

(
c)
A
deviation
occurs
when
a
SSM
plan
is
not
developed
or
maintained
on
site.

Subpart
CCCC­ [
AMENDED]

65.
Section
63.2150
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:
101
§
63.2150
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
malfunction
plan.
*
*

*

66.
Section
63.2164
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:

§
63.2164
If
I
monitor
brew
ethanol,
what
are
my
monitoring
installation,
operation,
and
maintenance
requirements?

(
a)
Each
CEMS
must
be
installed,
operated,
and
maintained
according
to
manufacturer's
specifications
and
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

§
63.2171
­
[
Amended]

67.
Section
63.2171
is
amended
by
removing
paragraph
(
d).

Subpart
DDDD ­[
AMENDED]

68.
Section
63.2250
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.2250
What
are
the
general
requirements?

*
*
*
*
*

(
c)
You
must
develop
a
written
SSMP
according
to
the
provisions
in
§
63.6(
e)(
3).
102
*
*
*
*
*

69.
Section
63.2271
is
amended
by
removing
and
reserving
paragraph
(
b)(
1)
and
revising
the
first
sentence
in
paragraph
(
b)(
2)
to
read
as
follows:

§
63.2271
How
do
I
demonstrate
continuous
compliance
with
the
compliance
options,
operating
requirements,
and
work
practice
requirements?

*
*
*
*
*

(
b)
*
*
*

(
1)
[
Reserved]

(
2)
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
EPA
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

Subpart
EEEE­ [
AMENDED]

70.
Section
63.2350
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

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

*
*
*
*
*
103
(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
(
SSM)
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

§
63.2378
­
[
Amended]

71.
Section
63.2378
is
amended
by
removing
the
third
sentence
of
paragraph
(
b)(
1).

72.
Table
12
to
subpart
EEEE
is
amended
by
revising
the
citation
to
§
63.8(
c)(
1)(
i)­(
iii)
to
read
as
follows:
104
Table
12
to
Subpart
EEEE
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
EEEE
As
stated
in
§
§
63.2382
and
63.2398,
you
must
comply
with
the
applicable
General
Provisions
requirements
as
follows:

Citation
Subject
Brief
Description
Applies
to
Subpart
EEEE
*
*
*
*
*
*
*

§
63.8(
c)(
1)(
i)­(
iii)...
Routine
and
Predictable
SSM
Keep
parts
for
routine
repairs
readily
available;
reporting
requirements
for
SSM
when
action
is
described
in
SSM
plan.
Yes
*
*
*
*
*
*
*
105
Subpart
FFFF [
AMENDED]

73.
Table
12
to
Subpart
FFFF
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
12
to
Subpart
FFFF
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
FFFF
As
specified
in
§
63.2540,
the
parts
of
the
General
Provisions
that
apply
to
you
are
shown
in
the
following
table:
Citation
Subject
Explanation
*
*
*
*
*
*
*

§
63.6(
e)(
3)(
ix)....
SSMP
incorporation
into
title
V
permit
Yes
*
*
*
*
*
*
*

Subpart
GGGG­­[
AMENDED]

74.
Table
1
to
§
63.2850
is
amended
by
revising
the
paragraph
(
a)
entries
to
read
as
follows:

§
63.2850
How
do
I
comply
with
the
hazardous
air
pollutant
emission
standards?

*
*
*
*
*
106
Table
1
to
§
63.2850­­
Requirements
for
Compliance
with
HAP
Emission
Standards
Are
you
required
to
.
.
.
For
periods
of
normal
operation?
For
initial
startup
periods
subject
to
§
63.2850(
c)(
2)
or
(
d)(
2)?
For
malfunction
periods
subject
to
§
63.2850(
e)(
2)?

(
a)
Operate
and
maintain
your
source
in
accordance
with
general
duty
provisions
of
§
63.6(
e)?
Yes.
Additionally,

the
HAP
emission
limits
will
apply.
Yes,
you
are
required
to
minimize
emissions
to
the
extent
practicable
throughout
the
initial
startup
period.
Such
measures
should
be
described
in
the
SSM
plan.
Yes,
you
are
required
to
minimize
emissions
to
the
extent
practicable
throughout
the
initial
startup
period.
Such
measures
should
be
described
in
the
SSM
plan.

*
*
*
*
*
*
*

*
*
*
*
*
107
75.
Section
63.2852
is
amended
by
revising
the
first
sentence
to
read
as
follows:

§
63.2852
What
is
a
startup,
shutdown,
and
malfunction
plan?

You
must
develop
a
written
SSM
plan
in
accordance
with
§
63.6(
e)(
3).
*
*
*

76.
Table
1
to
§
63.2870
is
amended
by
revising
the
entry
for
"
§
63.6(
e)(
1)
through
(
e)(
3)(
ii)
and
§
63.6(
e)(
3)(
v)
through
(
vii)";
by
removing
the
entry
"
§
63.6(
e)(
3)(
v)(
iii)"
and
adding
in
it's
place
a
new
entry
for
"
§
63.6(
e)(
3)(
iii)";
and
by
adding
in
numerical
order
a
new
entry
for
"
§
63.6(
e)(
3)(
ix)"
to
read
as
follows:

§
63.2870
What
parts
of
the
General
Provisions
apply
to
me?

*
*
*
*
*
108
Table
1
to
§
63.2870­­
Applicability
of
40
CFR
Part
63,
Subpart
A,
to
40
CFR,
Part
63,

Subpart
GGGG
General
provisions
citation
Subject
of
citation
Brief
description
of
requirement
Applies
to
subpart
Explanation
*
*
*
*
*
*
*

§
63.6(
e)(
1)
through
(
e)(
3)(
ii)
and
§
63.6(
e)(
3)(
v)

through
(
vii).......
Operation
and
maintenance
requirements...
..............
Yes.......
Minimize
emissions
to
the
extent
practical.

§
63.6(
e)(
3)(
iii).
Operation
and
maintenance
requirements...
..............
No........
Minimize
emissions
to
the
extent
practical.

§
63.6(
e)(
3)(
ix)...
Title
V
permit
..............
Yes.......

*
*
*
*
*
*
*
109
77.
Section
63.2872(
c)
is
amended
by:

a.
Revising
the
second
sentence
in
the
definition
of
initial
startup
period;
and
b.
Revising
the
third
sentence
in
the
definition
of
malfunction
period
to
read
as
follows:

§
63.2872
What
definitions
apply
to
this
subpart?

*
*
*
*
*

(
c)
*
*
*

Initial
startup
period
means
*
*
*
During
an
initial
startup
period,
a
source
complies
with
the
standards
by
minimizing
HAP
emissions
to
the
extent
practical.
*
*
*

*
*
*
*
*

Malfunction
period
means
*
*
*
During
a
malfunction
period,
a
source
complies
with
the
standards
by
minimizing
HAP
emissions
to
the
extent
practical.
*
*
*

*
*
*
*
*

Subpart
HHHH­ [
AMENDED]

78.
Section
63.2984
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:

§
63.2984
What
operating
limits
must
I
meet?

*
*
*
*
*

(
b)
When
during
a
period
of
normal
operations
you
detect
that
an
operating
parameter
deviates
from
the
limit
110
or
range
established
in
paragraph
(
a)
of
this
section,
you
must
initiate
corrective
actions
within
1
hour
according
to
the
provisions
of
your
OMM
plan.
The
corrective
actions
must
be
completed
in
an
expeditious
manner
as
specified
in
the
OMM
plan.

*
*
*
*
*

79.
Section
63.2986
is
amended
by
revising
the
first
sentence
in
paragraph
(
g)(
3)
to
read
as
follows:

§
63.2986
How
do
I
comply
with
the
standards?

*
*
*
*
*

(
g)
*
*
*

(
3)
You
must
develop
a
written
SSMP
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

Subpart
IIII­ [
AMENDED]

80.
Section
63.3100
is
amended
by
revising
the
first
sentence
in
paragraph
(
f)
to
read
as
follows:

§
63.3100
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
f)
If
your
affected
source
uses
emission
capture
systems
and
add­
on
control
devices,
you
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)

according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*
111
81.
Section
63.3163
is
amended
by:

a.
Removing
and
reserving
paragraph
(
g);
and
b.
Revising
the
first
sentence
in
paragraph
(
h)
to
read
as
follows:

§
63.3163
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
g)
[
Reserved]

(
h)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,

or
malfunction
of
the
emission
capture
system,
add­
on
control
device,
or
coating
operation
that
may
affect
emission
capture
or
control
device
efficiency
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

Subpart
KKKK­ [
AMENDED]

82.
Section
63.3500
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.3500
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*
112
(
c)
If
your
affected
source
uses
an
emission
capture
system
and
add­
on
control
device
for
purposes
of
complying
with
this
subpart,
you
must
develop
a
written
startup,

shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

83.
Section
63.3542
is
amended
by:

a.
Removing
and
reserving
paragraph
(
g);
and
b.
Revising
the
first
sentence
in
paragraph
(
h)
to
read
as
follows:

§
63.3542
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
g)
[
Reserved]

(
h)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,

or
malfunction
of
the
emission
capture
system,
add­
on
control
device,
or
coating
operation
that
may
affect
emission
capture
or
control
device
efficiency
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

84.
Section
63.3552
is
amended
by:
113
a.
Removing
and
reserving
paragraph
(
f);
and
b.
Revising
the
first
sentence
in
paragraph
(
g)
to
read
as
follows:

§
63.3552
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
f)
[
Reserved]

(
g)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,

or
malfunction
of
the
emission
capture
system,
add­
on
control
device,
or
coating
operation
that
may
affect
emission
capture
or
control
device
efficiency
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

Subpart
MMMM­ [
AMENDED]

85.
Section
63.3900
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.3900
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*
114
(
c)
If
your
affected
source
uses
an
emission
capture
system
and
add­
on
control
device,
you
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

§
63.3963
­
[
Amended]

86.
Section
63.3963
is
amended
by
removing
and
reserving
paragraph
(
g)

Subpart
NNNN ­[
AMENDED]

87.
Section
63.4100
is
amended
by
revising
the
first
sentence
in
paragraph
(
d)
to
read
as
follows:

§
63.4100
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
d)
If
your
affected
source
uses
an
emission
capture
system
and
add­
on
control
device,
you
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

88.
Section
63.4110
is
amended
by
revising
paragraph
(
b)(
9)(
v)
to
read
as
follows:

§
63.4110
What
notifications
must
I
submit?

*
*
*
*
*

(
b)
*
*
*

(
9)
*
*
*
115
(
v)
A
statement
of
whether
or
not
you
developed
the
startup,
shutdown,
and
malfunction
plan
required
by
§
63.4100(
d).

*
*
*
*
*

89.
Section
63.4163
is
amended
by:

a.
Removing
and
reserving
paragraph
(
g);
and
b.
Revising
the
first
sentence
in
paragraph
(
h)
to
read
as
follows:

§
63.4163
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
g)
[
Reserved]

(
h)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,

or
malfunction
of
the
emission
capture
system,
add­
on
control
device,
or
coating
operation
that
may
affect
emission
capture
or
control
device
efficiency
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e).
*
*
*

*
*
*
*
*

Subpart
OOOO­ [
AMENDED]

90.
Section
63.4300
is
amended
by:
116
a.
Revising
paragraph
(
a)(
3)(
i);
and
b.
Revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.4300
What
are
my
general
requirements
for
complying
with
this
subpart?

(
a)
*
*
*

(
3)
*
*
*

(
i)
The
web
coating/
printing
or
dyeing/
finishing
operation(
s)
must
be
in
compliance
with
the
applicable
emission
limit
in
Table
1
to
this
subpart
or
minimize
emissions
at
all
times
as
required
by
§
63.6(
e)(
1).

*
*
*
*
*

(
c)
If
your
affected
source
uses
an
emission
capture
system
and
add­
on
control
device,
you
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

91.
Section
63.4310
is
amended
by
revising
paragraph
(
c)(
9)(
iv)
to
read
as
follows:

§
63.4310
What
notifications
must
I
submit?

*
*
*
*
*

(
c)
*
*
*

(
9)
*
*
*
117
(
iv)
A
statement
of
whether
or
not
you
developed
and
implemented
the
work
practice
plan
required
by
§
63.4293
and
developed
the
startup,
shutdown,
and
malfunction
plan
required
by
§
63.4300.

92.
Section
63.4342
is
amended
by:

a.
Removing
and
reserving
paragraph
(
g);
and
b.
Revising
the
first
sentence
in
paragraph
(
h)
to
read
as
follows:

§
63.4342
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
g)
[
Reserved]

(
h)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,

or
malfunction
of
the
emission
capture
system,
add­
on
control
device,
or
web
coating/
printing
or
dyeing/
finishing
operation
that
may
affect
emission
capture
or
control
device
efficiency
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

93.
Section
63.4352
is
amended
by:

a.
Removing
and
reserving
paragraph
(
g);
and
118
b.
Revising
the
first
sentence
in
paragraph
(
h)
to
read
as
follows:

§
63.4352
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
g)
[
Reserved]

(
h)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,

or
malfunction
of
the
emission
capture
system,
add­
on
control
device,
or
web
coating/
printing
operation
that
may
affect
emission
capture
or
control
device
efficiency
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

Subpart
PPPP­­[
AMENDED]

94.
Section
63.4500
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.4500
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
If
your
affected
source
uses
an
emission
capture
system
and
add­
on
control
device,
you
must
develop
a
119
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

§
63.4563
­
[
Amended]

95.
Section
63.4563
is
amended
by
removing
and
reserving
paragraph
(
g).

Section
QQQQ­ [
AMENDED]

96.
Section
63.4700
is
amended
by
revising
the
first
sentence
in
paragraph
(
d)
to
read
as
follows:

§
63.4700
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
d)
If
your
affected
source
uses
an
emission
capture
system
and
add­
on
control
device,
you
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)

according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

97.
Section
63.4763
is
amended
by:

a.
Removing
and
reserving
paragraph
(
g);
and
b.
Revising
the
first
sentence
in
paragraph
(
h)
to
read
as
follows:

§
63.4763
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
g)
[
Reserved]
120
(
h)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
SSM
of
the
emission
capture
system,
add­
on
control
device,
or
coating
operation
that
may
affect
emission
capture
or
control
device
efficiency
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

Subpart
RRRR­­[
AMENDED]

98.
Section
63.4900
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.4900
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
If
your
affected
source
uses
an
emission
capture
system
and
add­
on
control
device
to
comply
with
the
emission
limitations
in
§
63.4890,
you
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)

according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

§
63.4962­[
Amended]

99.
Section
63.4962
is
amended
by
removing
and
reserving
paragraph
(
g).
121
Subpart
UUUU ­[
AMENDED]

100.
Section
63.5515
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.5515
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
(
SSM)
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

101.
Section
63.5555
is
amended
by:

a.
Removing
and
reserving
paragraph
(
c);
and
b.
Revising
paragraph
(
d)
to
read
as
follows:

§
63.5555
How
do
I
demonstrate
continuous
compliance
with
the
emission
limits,
operating
limits,
and
work
practice
standards?

*
*
*
*
*

(
c)
[
Reserved]

(
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
§
63.6(
e)(
1).
The
Administrator
will
122
determine
whether
deviations
that
occur
during
a
period
you
identify
as
a
startup,
shutdown,
or
malfunction
are
violations,
according
to
the
provisions
in
§
63.6(
e).

102.
Table
10
to
subpart
UUUU
of
part
63
is
amended
by
revising
the
citation
to
§
63.8(
c)(
1)(
i)
to
read
as
follows:
123
Table
10
to
Subpart
UUUU
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
UUUU
As
required
in
§
§
63.5515(
h)
and
63.5600,
you
must
comply
with
the
appropriate
General
Provisions
requirements
specified
in
the
following
table:

Citation
Subject
Brief
Description
Applies
to
Subpart
UUUU
*
*
*
*
*
*
*

§
63.8(
c)(
1)(
i).........
Routine
and
Predictable
SSM
Keep
parts
for
routine
repairs
readily
available;
reporting
requirements
for
SSM
when
action
is
described
in
SSM
plan.
Yes
*
*
*
*
*
*
*
124
Subpart
WWWW­ [
AMENDED]

103.
Section
63.5835
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:

§
63.5835
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
d)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3)

for
any
organic
HAP
emissions
limits
you
meet
using
an
addon
control.

104.
Section
63.5900
is
amended
by:

a.
Revising
paragraph
(
d);
and
b.
Revising
the
first
sentence
in
paragraph
(
e)
to
read
as
follows:

§
63.5900
How
do
I
demonstrate
continuous
compliance
with
the
standards?

*
*
*
*
*

(
d)
When
you
use
an
add­
on
control
device
to
meet
standards
in
§
63.5805,
you
are
not
required
to
meet
those
standards
during
periods
of
startup,
shutdown,
or
malfunction,
but
you
must
operate
your
affected
source
to
minimize
emissions
in
accordance
with
§
63.6(
e)(
1).
125
(
e)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
malfunction
for
those
affected
sources
and
standards
specified
in
paragraph
(
d)
of
this
section
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

Subpart
XXXX­ [
AMENDED]

105.
Section
63.5990
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:

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

*
*
*
*
*

(
d)
For
each
affected
source
that
complies
with
the
emission
limits
in
Tables
1
through
3
to
this
subpart
using
a
control
device,
you
must
develop
a
written
startup,

shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

Subpart
YYYY­ [
AMENDED]

106.
Section
63.6140
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.6140
How
do
I
demonstrate
continuous
compliance
with
the
emission
and
operating
limitations?
126
*
*
*
*
*

(
c)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,

and
malfunction
are
not
violations
if
you
have
operated
your
stationary
combustion
turbine
in
accordance
with
§
63.6(
e)(
1)(
i).

107.
Section
63.6175
is
amended
by
revising
paragraph
(
4)
under
the
definition
of
deviation
to
read
as
follows:

§
63.6175
What
definitions
apply
to
this
subpart?

*
*
*
*
*

Deviation
means
*
*
*

*
*
*
*
*

(
4)
Fails
to
satisfy
the
general
duty
to
minimize
emissions
established
by
§
63.6(
e)(
1)(
i).

*
*
*
*
*

Subpart
ZZZZ­­[
AMENDED]

108.
Section
63.6640
is
amended
by:

a.
Removing
and
reserving
paragraph
(
c);
and
b.
Revising
the
first
sentence
in
paragraph
(
d)
to
read
as
follows:

§
63.6640
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations
and
operating
limitations?

*
*
*
*
*
127
(
c)
[
Reserved]

(
d)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
from
the
emission
or
operating
limitations
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
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

109.
Section
63.6675
is
amended
by
revising
paragraph
(
4)
under
the
definition
of
deviation
and
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

§
63.6675
What
definitions
apply
to
this
subpart?

*
*
*
*
*

Deviation
means
*
*
*

*
*
*
*
*

(
4)
Fails
to
satisfy
the
general
duty
to
minimize
emissions
established
by
§
63.6(
e)(
1)(
i).

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
128
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

Subpart
AAAAA­­[
AMENDED]

110.
Section
63.7100
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:

§
63.7100
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
e)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

111.
Section
63.7121
is
amended
by:

a.
Removing
and
reserving
paragraph
(
c);
and
b.
Revising
the
first
sentence
in
paragraph
(
d)
to
read
as
follows:

§
63.7121
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations
standard?

*
*
*
*
*

(
c)
[
Reserved]

(
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
129
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

Subpart
BBBBB­­[
AMENDED]

112.
Section
63.7185
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.7185
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP).
*
*
*

*
*
*
*
*

§
63.7187
­
[
Amended]

113.
Section
63.7187
is
amended
by
removing
and
reserving
paragraph
(
d).

Subpart
CCCCC ­[
AMENDED]

114.
Section
63.7310
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.7310
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*
130
(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

115.
Section
63.7336
is
amended
by
removing
introductory
text
in
paragraph
(
b)
and
revising
paragraph
(
b)(
1)
to
read
as
follows:

§
63.7336
What
other
requirements
must
I
meet
to
demonstrate
continuous
compliance?

*
*
*
*
*

(
b)
Startup,
shutdowns,
and
malfunctions.
(
1)

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
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
DDDDD­­[
AMENDED]

116.
Section
63.7505
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:

§
63.7505
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*
131
(
e)
If
you
have
an
applicable
emission
limit
or
work
practice
standard,
you
must
develop
a
written
startup,

shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

117.
Section
63.7540
is
amended
by:

a.
Revising
the
first
sentence
in
paragraph
(
a)(
9);

b.
Removing
and
reserving
paragraph
(
c);
and
c.
Revising
the
first
sentence
in
paragraph
(
d)
to
read
as
follows:

§
63.7540
How
do
I
demonstrate
continuous
compliance
with
the
emission
limits
and
work
practice
standards?

(
a)
*
*
*

(
9)
If
your
unit
is
controlled
with
a
fabric
filter,

and
you
demonstrate
continuous
compliance
using
a
bag
leak
detection
system,
you
must
initiate
corrective
action
within
1
hour
of
a
bag
leak
detection
system
alarm
and
complete
corrective
actions
as
soon
as
practical,
and
operate
and
maintain
the
fabric
filter
system
such
that
the
alarm
does
not
sound
more
than
5
percent
of
the
operating
time
during
a
6­
month
period.
*
*
*

*
*
*
*
*

(
c)
[
Reserved]
132
(
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
EPA
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

118.
Table
10
to
subpart
DDDDD
of
part
63
is
amended
by
revising
the
citation
to
§
63.8(
c)(
1)(
iii)
to
read
as
follows:
133
Table
10
to
Subpart
DDDDD
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
DDDDD
As
stated
in
§
63.7565,
you
must
comply
with
the
applicable
General
Provisions
according
to
the
following:

Citation
Subject
Brief
Description
Applicable
*
*
*
*
*
*
*

§
63.8(
c)(
1)(
iii)...
Compliance
with
Operation
and
Maintenance
Must
develop
an
SSMP
for
CMS.
Yes
*
*
*
*
*
*
*
134
Subpart
EEEEE­­[
AMENDED]

119.
Section
63.7720
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.7720
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

120.
Section
63.7746
is
amended
by
removing
introductory
text
in
paragraph
(
b)
and
revising
paragraph
(
b)(
1)
to
read
as
follows:

§
63.7746
What
other
requirements
must
I
meet
to
demonstrate
continuous
compliance?

*
*
*
*
*

(
b)
Startups,
shutdowns,
and
malfunctions.
(
1)

Consistent
with
the
requirements
of
§
§
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
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
FFFFF­­[
AMENDED]
135
121.
Section
63.7810
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.7810
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

122.
Section
63.7835
is
amended
by
revising
removing
introductory
text
to
paragraph
(
b)
and
revising
paragraph
(
b)(
1)
to
read
as
follows:

§
63.7835
What
other
requirements
must
I
meet
to
demonstrate
continuous
compliance?

*
*
*
*
*

(
b)
Startups,
shutdowns,
and
malfunctions.
(
1)

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
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
GGGGG­­[
AMENDED]

123.
Section
63.7935
is
amended
by:
136
a.
Revising
paragraph
(
c);

b.
Removing
and
reserving
paragraph
(
d);
and
c.
Revising
the
first
sentence
in
paragraph
(
f)
to
read
as
follows:

§
63.7935
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

(
d)
[
Reserved]

*
*
*
*
*

(
f)
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
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

124.
Table
3
to
subpart
GGGGG
of
part
63
is
amended
by
revising
the
citation
to
§
63.8(
c)(
1)(
i)
to
read
as
follows:
137
Table
3
to
Subpart
GGGGG
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
GGGGG
As
stated
in
§
63.7940,
you
must
comply
with
the
applicable
General
Provisions
requirements
according
to
the
following
table:

Citation
Subject
Brief
Description
Applies
to
Subpart
GGGGG
*
*
*
*
*
*
*

§
63.8(
c)(
1)(
i).........
Routine
and
Predictable
SSM
Keep
parts
for
routine
repairs
readily
available;
reporting
requirements
for
SSM
when
action
is
described
in
SSM
plan.
Yes
*
*
*
*
*
*
*
138
Subpart
HHHHH [
AMENDED]

125.
Table
10
to
Subpart
HHHHH
is
amended
by
adding
in
numerical
order
a
new
entry
for
63.6(
e)(
3)(
ix)
to
read
as
follows:

Table
10
to
Subpart
HHHHH
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
HHHHH
As
specified
in
§
63.8095,
the
parts
of
the
General
Provisions
that
apply
to
you
are
shown
in
the
following
table:
Citation
Subject
Explanation
*
*
*
*
*
*
*

§
63.6(
e)(
3)(
ix)...
Title
V
permit
Yes
*
*
*
*
*
*
*

Subpart
IIIII­­[
AMENDED]

126.
Section
63.8226
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:

§
63.8226
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
b)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

127.
Section
63.8248
is
amended
by
removing
introductory
text
in
paragraph
(
b)
and
revising
paragraph
(
b)(
1)
to
read
as
follows:
139
§
63.8248
What
other
requirements
must
I
meet?

*
*
*
*
*

(
b)
Startups,
shutdowns,
and
malfunctions.
(
1)

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
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
JJJJJ­­[
AMENDED]

128.
Section
63.8420
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.8420
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

129.
Section
63.8470
is
amended
by:

a.
Removing
and
reserving
paragraph
(
d);
and
b.
Revising
the
first
sentence
in
paragraph
(
e)
to
read
as
follows:
140
§
63.8470
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
d)
[
Reserved]

(
e)
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
§
63.6(
e)(
1)
and
your
OM&
M
plan.
*
*
*

*
*
*
*
*

Subpart
KKKKK­­[
AMENDED]

130.
Section
63.8570
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.8570
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
For
each
kiln
that
is
subject
to
the
emission
limits
specified
in
Table
1
to
this
subpart,
you
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

131.
Section
63.8620
is
amended
by:

a.
Removing
and
reserving
paragraph
(
d);
and
141
b.
Revising
the
first
sentence
in
paragraph
(
e)
to
read
as
follows:

§
63.8620
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations
and
work
practice
standards?

*
*
*
*
*

(
d)
[
Reserved]

(
e)
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
§
63.6(
e)(
1)
and
your
OM&
M
plan.
*
*
*

*
*
*
*
*

Subpart
LLLLL­­[
AMENDED]

132.
Section
63.8685
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.8685
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

133.
Section
63.8691
is
amended
by:
142
a.
Removing
and
reserving
paragraph
(
c);
and
b.
Revising
the
first
sentence
in
paragraph
(
d)
to
read
as
follows:

§
63.8691
How
do
I
demonstrate
continuous
compliance
with
the
operating
limits?

*
*
*
*
*

(
c)
[
Reserved]

(
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
§
63.6(
e)(
1).
*
*
*

134.
Table
7
to
subpart
LLLLL
of
part
63
is
amended
by
revising
the
citation
to
§
63.8(
c)(
1)(
i)
to
read
as
follows:
143
Table
7
to
Subpart
LLLLL
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
LLLLL
Citation
Subject
Brief
Description
Applicable
*
*
*
*
*
*
*

§
63.8(
c)(
1)(
i).....
Routine
and
predictable
CMS
malfunction
1.
Keep
parts
for
routine
repairs
readily
available.

2.
Reporting
requirements
for
CMS
malfunction
when
action
is
described
in
SSM
plan.
Yes
*
*
*
*
*
*
*
144
Subpart
MMMMM­­[
AMENDED]

135.
Section
63.8794
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:

§
63.8794
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
e)
For
each
new
or
reconstructed
flame
lamination
affected
source,
you
must
develop
a
written
startup,

shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

136.
Section
63.8812
is
amended
by:

a.
Removing
and
reserving
paragraph
(
c);
and
b.
Revising
the
first
sentence
in
paragraph
(
d)
to
read
as
follows:

§
63.8812
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
c)
[
Reserved]

(
d)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
at
a
new
or
reconstructed
flame
lamination
affected
source
during
a
period
of
startup,

shutdown,
or
malfunction
are
not
violations
if
you
145
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

*
*
*
*
*

Subpart
NNNNN­­[
AMENDED]

137.
Section
63.9005
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.9005
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

138.
Section
63.9040
is
amended
by:

a.
Removing
and
reserving
paragraph
(
d);
and
b.
Revising
the
first
sentence
in
paragraph
(
e)
to
read
as
follows:

§
63.9040
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations
and
work
practice
standards?

*
*
*
*
*

(
d)
[
Reserved]

(
e)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),

deviations
that
occur
during
a
period
of
startup,
shutdown,
146
or
malfunction
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).
*
*
*

Subpart
PPPPP­­[
AMENDED]

139.
Section
63.9305
is
amended
by
revising
the
first
sentence
in
paragraph
(
c)
to
read
as
follows:

§
63.9305
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
SSM
plan
(
SSMP)
for
emission
control
devices
and
associated
monitoring
equipment
according
to
the
provisions
in
§
63.6(
e)(
3).
*
*
*

140.
Section
63.9340
is
amended
by
removing
introductory
text
in
paragraph
(
c)
and
revising
paragraph
(
c)(
1)
to
read
as
follows:

§
63.9340
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

*
*
*
*
*

(
c)
Startups,
shutdowns,
and
malfunctions.
(
1)

Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),
deviations
that
occur
during
a
period
of
SSM
of
control
devices
and
associated
monitoring
equipment
are
not
violations
if
you
147
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
§
63.6(
e)(
1).

*
*
*
*
*

141.
Section
63.9375
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

142.
Table
7
to
subpart
PPPPP
of
part
63
is
amended
by
revising
the
citation
to
§
63.8(
c)(
1)(
i)
to
read
as
follows:
148
Table
7
to
Subpart
PPPPP
of
Part
63 
Applicability
of
General
Provisions
to
Subpart
PPPPP
As
stated
in
§
63.9365,
you
must
comply
with
the
General
Provisions
in
§
§
63.1
through
63.15
that
apply
to
you
according
to
the
following
table:

Citation
Subject
Brief
Description
Applicable
*
*
*
*
*
*
*

§
63.8(
c)(
1)(
i).........
Routine
and
predictable
CMS
malfunctions.
1.
Keep
parts
for
routine
repairs
of
CMS
readily
available.

2.
Reporting
requirements
for
SSM
when
action
is
described
in
SSMP.
Yes
*
*
*
*
*
*
*
149
Subpart
QQQQQ­­[
AMENDED]

143.
Section
63.9505
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.9505
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

144.
Section
63.9530
is
amended
by:

a.
Removing
and
reserving
paragraph
(
d);
and
b.
Revising
the
first
sentence
in
paragraph
(
e)
to
read
as
follows:

§
63.9530
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitation
that
applies
to
me?

*
*
*
*
*

(
d)
[
Reserved]

(
e)
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
§
63.6(
e)(
1).
*
*
*

Subpart
RRRRR­­[
AMENDED]
150
145.
Section
63.9610
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.9610
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

146.
Section
63.9637
is
amended
by
removing
introductory
text
in
paragraph
(
b)
and
revising
paragraph
(
b)(
1)
to
read
as
follows:

§
63.9637
What
other
requirements
must
I
meet
to
demonstrate
continuous
compliance?

*
*
*
*
*

(
b)
Startups,
shutdowns,
and
malfunctions.
(
1)

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
§
63.6(
e)(
1).

*
*
*
*
*

Subpart
SSSSS­­[
AMENDED]
151
147.
Section
63.9792
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:

§
63.9792
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
c)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
(
SSMP)
according
to
the
provisions
in
§
63.6(
e)(
3).

*
*
*
*
*

148.
Section
63.9810
is
amended
by
removing
and
reserving
paragraph
(
e)(
1)
and
revising
the
first
sentence
in
paragraph
(
e)(
2)
to
read
as
follows:

§
63.9810
How
do
I
demonstrate
continuous
compliance
with
the
emission
limits,
operating
limits,
and
work
practice
standards?

*
*
*
*
*

(
e)
*
*
*

(
1)
[
Reserved]

(
2)
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
§
63.6(
e)(
1)
and
your
OM&
M
plan.
*
*
*
152
Subpart
TTTTT­­[
AMENDED]

149.
Section
63.9910
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:

§
63.9910
What
are
my
general
requirements
for
complying
with
this
subpart?

*
*
*
*
*

(
b)
You
must
develop
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).

150.
Section
63.9925
is
amended
by
removing
introductory
text
in
paragraph
(
b)
and
revising
paragraph
(
b)(
1)
to
read
as
follows:

§
63.9925
What
other
requirements
must
I
meet
to
demonstrate
continuous
compliance?

*
*
*
*
*

(
b)
Startups,
shutdowns,
and
malfunctions.
(
1)

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
§
63.6(
e)(
1).

*
*
*
*
*

Part
65­­[
AMENDED]
153
151.
The
authority
citation
of
part
65
continues
to
read
as
follows:

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

Subpart
A­­[
AMENDED]

152.
Section
65.2
is
amended
by
revising
the
first
sentence
in
the
definition
of
malfunction
to
read
as
follows:

§
65.2
Definitions.

*
*
*
*
*

Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
monitoring
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner
which
causes,
or
has
the
potential
to
cause,
the
emission
limitations
in
an
applicable
standard
to
be
exceeded.
*
*
*

*
*
*
*
*

153.
Section
65.3
is
amended
by
a.
Revising
the
second
sentence
in
paragraph
(
a)(
3);

b.
revising
the
first
sentence
in
paragraph
(
a)(
4);

and
c.
Revising
paragraph
(
b)(
2)(
i)
to
read
as
follows:

§
65.3
Compliance
with
standards
and
operation
and
maintenance
requirements.
154
(
a)
*
*
*

(
3)
*
*
*
The
measures
to
be
taken
may
include,
but
are
not
limited
to,
air
pollution
control
technologies,

recovery
technologies,
work
practices,
pollution
prevention,
monitoring,
and/
or
changes
in
the
manner
of
operation
of
the
regulated
source.
*
*
*

(
4)
Malfunctions
shall
be
corrected
as
soon
as
practical
after
their
occurrence.
*
*
*

*
*
*
*
*

(
b)
*
*
*

(
2)
*
*
*

(
i)
During
periods
of
startup,
shutdown,
or
malfunction
(
and
the
source
is
operated
during
such
periods
in
accordance
with
§
65.3(
a)(
3)),
a
monitoring
parameter
is
outside
its
established
range
or
monitoring
data
cannot
be
collected;
or
*
*
*
*
*

154.
Section
65.6
is
amended
by
a.
Revising
the
first
and
fourth
sentence
in
paragraph
(
b)(
1)
introductory
text;

b.
Revising
paragraph
(
b)(
2);
and
c.
Revising
paragraph
(
c)(
3)
to
read
as
follows:
155
§
65.6
Startup,
shutdown,
and
malfunction
plan
and
procedures.

*
*
*
*
*

(
b)
Startup,
shutdown,
and
malfunction
plan
(
1)

Description
and
purpose
of
plan.
The
owner
or
operator
of
a
regulated
source
shall
develop
a
written
startup,

shutdown,
and
malfunction
plan
that
describes,
in
detail,

procedures
for
operating
and
maintaining
the
regulated
source
during
periods
of
startup,
shutdown,
and
malfunction
and
a
program
of
corrective
action
for
malfunctioning
process
and
air
pollution
control
equipment
used
to
comply
with
the
relevant
standard.
*
*
*
The
requirement
to
develop
this
plan
shall
be
incorporated
into
the
source's
title
V
permit.
*
*
*

*
*
*
*
*

(
2)
Operation
of
source.
During
periods
of
startup,

shutdown,
and
malfunction,
the
owner
or
operator
of
a
regulated
source
shall
operate
and
maintain
such
source
(
including
associated
air
pollution
control
equipment
and
CPMS)
in
accordance
with
§
65.3(
a).
The
general
duty
to
minimize
emissions
during
a
period
of
startup,
shutdown,
or
malfunction
does
not
require
the
owner
or
operator
to
achieve
emission
levels
that
would
be
required
by
the
156
applicable
standard
at
other
times
if
this
is
not
consistent
with
safety
and
good
air
pollution
control
practices,
nor
does
it
require
the
owner
or
operator
to
make
any
further
efforts
to
reduce
emissions
if
levels
required
by
the
applicable
standard
have
been
achieved.

Determination
of
whether
such
operation
and
maintenance
procedures
are
being
used
will
be
based
on
information
available
to
the
Administrator
which
may
include,
but
is
not
limited
to,
monitoring
results,
review
of
operation
and
maintenance
procedures
(
including
the
startup,
shutdown,

and
malfunction
plan
required
in
paragraph
(
b)(
1)
of
this
section),
review
of
operation
and
maintenance
records,
and
inspection
of
the
source.

*
*
*
*
*

(
c)
*
*
*

(
3)
If
actions
taken
by
an
owner
or
operator
during
a
startup,
shutdown,
and
malfunction
of
a
regulated
source,

or
of
a
control
device
or
monitoring
system
required
for
compliance
(
including
actions
taken
to
correct
a
malfunction)
are
consistent
with
the
procedures
specified
in
the
source's
startup,
shutdown,
and
malfunction
plan,

then
the
owner
or
operator
shall
state
such
information
in
a
startup,
shutdown,
and
malfunction
report,
and
describe
157
the
actions
taken.
Such
description
can
take
the
form
of
a
checklist;
only
one
checklist
is
necessary
if
actions
taken
are
the
same
for
multiple
events
during
the
reporting
period.

*
*
*
*
*

155.
Section
65.115
is
amended
by
revising
the
last
sentence
in
paragraph
(
b)(
1)
and
the
last
sentence
in
paragraph
(
b)(
2)
to
read
as
follows:

§
65.115
Standards:
Closed
vent
systems
and
control
devices;
or
emissions
routed
to
a
fuel
gas
system
or
process.

*
*
*
*
*

(
b)
Compliance
standard.
(
1)
*
*
*
Note
that
this
includes
the
startup,
shutdown,
and
malfunction
provisions
of
§
65.6.

(
2)
*
*
*
Note
that
this
includes
the
startup,

shutdown,
and
malfunction
provisions
of
§
65.6.

156.
Section
65.156
is
amended
by
revising
paragraphs
(
d)(
3)(
i)
and
(
ii)
to
read
as
follows:

§
65.156
General
monitoring
requirements
for
control
and
recovery
devices.

*
*
*
*
*

(
d)
*
*
*
158
(
3)
*
*
*

(
i)
Excursions
which
occur
during
periods
of
startup,

shutdown,
and
malfunction,
when
the
source
is
being
operated
during
such
periods
to
minimize
emissions
in
accordance
with
§
65.3(
a)(
3).

(
ii)
Excursions
which
occur
due
to
failure
to
collect
a
valid
hour
of
data
during
periods
of
startup,
shutdown,

and
malfunction,
when
the
source
is
being
operated
during
such
periods
in
accordance
with
§
65.3(
a)(
3).

*
*
*
*
*

157.
Section
65.161
is
amended
by
revising
paragraph
(
e)(
2)(
iv)(
A)
to
read
as
follows:

§
65.161
Continuous
records
and
monitoring
data
system
handling.

*
*
*
*
*

(
e)
*
*
*

(
2)
*
*
*

(
iv)
*
*
*

(
A)
The
daily
average
value
during
any
startup,

shutdown,
or
malfunction
shall
not
be
considered
an
excursion
for
purposes
of
this
paragraph
(
e)
if
the
owner
or
operator
operates
the
source
in
accordance
with
§
65.3(
a).
159
*
*
*
*
*

158.
Section
65.163
is
amended
by
revising
paragraph
(
c)(
2)
to
read
as
follows:

§
65.163
Other
records.

(
c)
*
*
*

(
2)
For
each
startup,
shutdown,
and
malfunction
during
which
excess
emissions
occur,
records
whether
the
procedures
specified
in
the
source's
startup,
shutdown,
and
malfunction
plan
were
followed,
and
a
description
of
actions
taken
to
minimize
emissions.
For
example,
if
a
startup,
shutdown,
and
malfunction
plan
includes
procedures
for
routing
control
device
emissions
to
a
backup
control
device
(
for
example,
the
incinerator
for
a
halogenated
stream
could
be
routed
to
a
flare
during
periods
when
the
primary
control
device
is
out
of
service),
records
must
be
kept
of
whether
the
plan
was
followed.
These
records
may
take
the
form
of
a
checklist
or
other
form
of
recordkeeping
that
confirms
conformance
with
the
startup,
shutdown,
and
malfunction
plan
for
the
event.

*
*
*
*
*
