

[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Rules and Regulations]               
[Page 1915-1953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja08-13]                         


[[Page 1915]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



 National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and 
Pipeline Facilities; and Gasoline Dispensing Facilities; Final Rule


[[Page 1916]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0406, FRL-8512-3]
RIN 2060-AM74

 
National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, 
and Pipeline Facilities; and Gasoline Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants for the facilities in the gasoline 
distribution (Stage I) area source category. We are promulgating these 
emission standards for hazardous air pollutants pursuant to Clean Air 
Act section 112(c)(3) and 112(d)(5). We are adding two regulations that 
address the facilities contained in this area source category. The 
first includes requirements for bulk distribution facilities, i.e., 
gasoline distribution bulk terminals, bulk plants, and pipeline 
facilities. The second includes requirements for loading of storage 
tanks at gasoline dispensing facilities. We are also incorporating by 
reference four test methods. This action also finalizes our decision 
not to regulate the above noted facilities under Clean Air Act section 
112(c)(6).

DATES: These final rules are effective on January 10, 2008. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of January 10, 
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2006-0406. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 

information is not publicly available, e.g., 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 http://www.regulations.gov or in hard copy at the Air 

and Radiation Docket in the EPA Headquarters Library, EPA West 
Building, Room 3334, 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. The Air and Radiation Docket and 
Information Center's Web site is: http://www.epa.gov/oar/docket.html. 

The electronic mail (e-mail) address for the Air and Radiation Docket 
is: a-and-r-Docket@epa.gov, the telephone number is (202) 566-1742, and 
the Fax number is (202) 566-9744.

FOR FURTHER INFORMATION CONTACT: General and Technical Information: Mr. 
Stephen Shedd, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
EPA, Research Triangle Park, NC 27711, telephone: (919) 541-5397, 
facsimile number: (919) 685-3195, e-mail address: shedd.steve@epa.gov.
    Economic Analysis Information: Mr. Tom Walton, Office of Air 
Quality Planning and Standards, Health and Environmental Impacts 
Division, Air Benefit and Cost Group (C339-01), EPA, Research Triangle 
Park, NC 27711, telephone: (919) 541-5311, facsimile number: (919) 541-
0242, e-mail address: walton.tom@epa.gov.
    Compliance Information: Ms. Maria Malave, Office of Compliance, Air 
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, telephone: (202) 564-7027, facsimile 
number: (202) 564-0050, e-mail address: malave.maria@epa.gov.

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

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information
III. Summary of Final Rules and Changes Since Proposal
    A. Applicability and Compliance Dates
    B. Summary of Emission Limits and Management Practices
    C. What are the testing and initial compliance requirements?
    D. What are the notification, recordkeeping, and reporting 
requirements?
    E. Summary of Major Changes Since Proposal
IV. Additional Actions
    A. Title V Permitting Requirements
    B. Not Regulating This Source Category Under CAA Section 
112(c)(6)
V. Summary of Comments and Responses
    A. Applicability
    B. Selection of Regulatory Alternative
    C. Bulk Terminals
    D. Testing and Monitoring
    E. Control Costs and Cost Analyses Performed
    F. Notifications, Reporting, and Recordkeeping
VI. Summary of Environmental, Energy, Cost, and Economic Impacts
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air environmental and energy impacts?
VII. 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 Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    The regulated categories and entities affected by these final rules 
include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category                NAICS \a\            entities
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Industry.......................          324110  Operations at area
                                         493190   sources that transfer
                                         486910   and store gasoline,
                                         424710   including bulk
                                         447110   terminals, bulk
                                         447190   plants, pipeline
                                                  facilities, and
                                                  gasoline dispensing
                                                  facilities.
Federal/State/local/tribal
 governments .
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\a\ North American Industry Classification System.


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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by the 
national emission standards. To determine whether your facility will be 
affected by the national emission standards, you should examine the 
applicability criteria in these final rules. If you have any questions 
regarding the applicability of the national emission standards to a 
particular entity, consult either the air permit authority for the 
entity or your EPA regional representative as listed in 40 CFR 63.13.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
these final rules is also available on the World Wide Web through the 
Technology Transfer Network (TTN). Following signature, a copy of these 
final rules will be posted on the TTN's policy and guidance page for 
newly proposed or promulgated rules at the following address: http://www.epa.gov/ttn/oarpg/.
 The TTN provides information and technology 

exchange in various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the United States Court of Appeals for the District of Columbia 
Circuit by March 10, 2008. Under section 307(b)(2) of the CAA, the 
requirements established by these final rules may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for us to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to the EPA that it was impracticable to raise such objection within 
[the period for public comment] or if the grounds for such objection 
arose after the period for public comment (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to us should submit a Petition for Reconsideration to 
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to both the persons(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section, and the Associate General Counsel for the 
Air and Radiation Law Office, Office of General Counsel (Mail Code 
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

II. Background Information

    On December 14, 1994 (59 FR 64303), we promulgated national 
emission standards for hazardous air pollutants (NESHAP) for major 
source facilities within the gasoline distribution source category (see 
40 CFR part 63, subpart R (Major Source NESHAP)). The Major Source 
NESHAP imposed control requirements on sources within the source 
category that met the definition of major sources, e.g., a source that 
emits 10 tons per year or more of any individual hazardous air 
pollutant (HAP) or 25 tons per year or more of any combination of HAP. 
Gasoline vapors normally contain nine HAP: benzene, ethylbenzene, 
hexane, toluene, xylenes, isooctane, naphthalene, cumene, and methyl 
tert-butyl ether. Some gasoline distribution terminals and pipeline 
facilities were found to be major sources by themselves or to be 
located at major sources. Gasoline storage tanks at bulk terminals and 
pipeline breakout stations, loading racks at bulk terminals, vapor 
leaks from gasoline cargo tanks, and equipment components in gasoline 
service were emission sources that were regulated under the Major 
Source NESHAP. Area sources of HAP emissions within the source category 
(many bulk terminals and pipeline breakout stations and all pipeline 
pumping stations, bulk plants, and gasoline dispensing facilities (GDF) 
(service stations, convenience stores, and other retail outlets)) are 
not subject to the Major Source NESHAP.
    Section 112(k)(3)(B) of the CAA requires EPA to identify at least 
30 HAP which, as the result of emissions from area sources,\1\ pose the 
greatest threat to public health in urban areas. Consistent with this 
provision, in 1999, in the Integrated Urban Air Toxics Strategy 
(Strategy), EPA identified the 30 HAP that pose the greatest potential 
health threat in urban areas, and these HAP are referred to as the 
``urban HAP.'' See 64 FR 38706, 38715-716, July 19, 1999. Section 
112(c)(3) requires EPA to list sufficient categories or subcategories 
of area sources to ensure that area sources representing 90 percent of 
the emissions of the 30 urban HAP are subject to regulation. EPA listed 
the source categories that account for 90 percent of the urban HAP 
emissions in the Strategy.\2\
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    \1\ An area source is a stationary source of HAP emissions that 
is not a major source.
    \2\ Since its publication in the Integrated Urban Air Toxics 
Strategy in 1999, the area source category list has undergone 
several amendments.
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    CAA Section 112(d) standards include new and existing source 
maximum achievable control technology (MACT) standards, health 
threshold standards, and generally available control technology or 
management practices (GACT) standards for area sources. The standards 
that are the subject of these final rules are based on GACT pursuant to 
CAA section 112(d)(5).
    Gasoline vapors contain two HAP (benzene and ethylene dichloride 
(EDC)) included among the 30 area source HAP listed under the Strategy. 
The gasoline distribution (Stage I) area source category was listed in 
the Strategy because the facilities in this category contributed 
approximately 36 percent of the national emissions of benzene and 2 
percent of the EDC emissions from stationary area sources. We are 
adding two subparts to 40 CFR part 63 to address the benzene emissions 
from the facilities in this area source category. As explained in the 
proposed rule, EDC emissions are no longer emitted from facilities in 
this area source category as a result of the lead phase-down provisions 
of section 218 of the CAA. We received no comments on this matter; 
therefore, we are taking no further action regarding EDC emissions in 
this rulemaking.

III. Summary of Final Rules and Changes Since Proposal

    This section summarizes the final rules and identifies and 
discusses changes since proposal. For changes that were made as a 
result of public comments, we have provided explanations of the changes 
and the rationale in the responses to comments in section V of this 
preamble.

A. Applicability and Compliance Dates

    These final rules apply to any existing or new gasoline 
distribution facility that is an area source. 40 CFR part 63, subpart 
BBBBBB applies to bulk gasoline terminals, pipeline facilities, and 
bulk gasoline plants. 40 CFR part 63, subpart CCCCCC applies to GDF. 
The owner or operator of an existing area source must comply with all 
the requirements of these final rules by January 10, 2011. The owner or 
operator of a new area source must comply with these final rules by 
January 10, 2008 or upon initial startup, whichever is later.

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B. Summary of Emission Limits and Management Practices

    40 CFR part 63, subpart BBBBBB requires that area source bulk 
gasoline terminals and pipeline breakout stations \3\ that meet the 
applicability criteria in 40 CFR 63.11081 control emissions from large 
storage tanks (those at or above 20,000 gallons capacity) by using 
either specified floating roofs and seals or a closed vent system and 
control device to reduce emissions by 95 percent. Small storage tanks 
(those below 20,000 gallons capacity) must be covered.
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    \3\ See 40 CFR 63.11100 for the definitions of the specific 
facilities regulated under subpart BBBBBB.
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    40 CFR part 63, subpart BBBBBB also requires that cargo tank 
loading rack emissions located at bulk gasoline terminals with gasoline 
throughputs above 250,000 gallons per day be reduced to a level of 80 
milligrams (mg), or less, per liter of gasoline loaded into cargo 
tanks. Those bulk terminals with gasoline throughputs below 250,000 
gallons per day must use submerged filling for the loading of cargo 
tanks.
    Additionally, bulk terminal owners or operators with gasoline 
throughputs above 250,000 gallons per day must not allow the loading of 
cargo tanks that do not have the appropriate vapor tightness testing 
documentation. Before loading at an affected bulk terminal, the owner 
or operator of a cargo tank must present documentation of passing the 
vapor tightness test to demonstrate, using EPA Reference Method 27, or 
equivalent, that they meet a maximum pressure or vacuum decay rate of 3 
inches of water, or less, during a 5-minute test period.
    At bulk plants, 40 CFR part 63, subpart BBBBBB requires the use of 
submerged filling of gasoline storage tanks and cargo tanks.
    40 CFR part 63, subpart BBBBBB also requires the implementation of 
a monthly equipment leak inspection at bulk terminals, bulk plants, 
pipeline breakout stations, and pipeline pumping stations. The 
standards allow a sight, sound, and smell inspection of all equipment 
components in gasoline liquid or vapor service. In the final rule, all 
leaking equipment components must be repaired within a specified time 
period.
    40 CFR part 63, subpart CCCCCC requires controls at GDF nationwide 
depending on the GDF's monthly gasoline throughput. All GDF must 
perform specified good management practices to check for and minimize 
evaporation of gasoline. All those GDF above 10,000 gallons per month 
throughput must also employ submerged filling of gasoline storage 
tanks. The submerged filling requirement is met by either bottom 
filling the storage tank or by using a fill pipe to load the storage 
tank that extends to no more than 12 inches from the bottom of the 
storage tank for fill pipes installed on or before November 9, 2006, 
and no more than 6 inches from the bottom of the storage tank for fill 
pipes installed after November 9, 2006. Additionally, those GDF with a 
monthly throughput of 100,000 gallons, or more, must also use vapor 
balancing when filling their gasoline storage tanks.
    Additionally, under the final rule, GDF that have tanks with a 250 
gallon capacity or less, regardless of monthly throughput, are only 
required to perform the good management practices to check for and 
minimize evaporation of gasoline described in section 63.11116(a); 
these tanks are not required to comply with either the submerged fill 
or vapor balancing requirements of the final rule.

C. What are the testing and initial compliance requirements?

    40 CFR part 63, subpart BBBBBB requires that control devices being 
used to reduce emissions from loading racks at bulk terminals be tested 
to demonstrate that they comply with the emission limit. Closed vent 
systems and control devices used to reduce emissions from storage tanks 
also have to be tested to demonstrate that they comply with the 
emission limit. Other options for demonstrating compliance with the 
rule include using recent performance tests or providing documentation 
that the devices are complying with enforceable State, local, or tribal 
rules or operating permits that contain requirements at least as 
stringent as this final rule.
    Affected facilities that use control devices (vapor processors) to 
comply with the emission limits for storage tanks or loading racks at 
bulk terminals are required to monitor operating parameters to 
demonstrate continuous compliance with the emission limits. The 
monitored operating parameter values must be determined during a 
performance test or by engineering assessment. An operating parameter 
monitoring approach approved by the Administrator and included in an 
enforceable operating permit is allowed as an alternative.
    Annual inspections of storage tank roofs and seals are required for 
bulk terminals and pipeline breakout stations. Such inspections must be 
conducted using either the procedures required in 40 CFR part 60, 
subpart Kb, Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Storage Vessels New Source Performance Standards 
(NSPS)) or the procedures required in 40 CFR part 63, subpart WW 
(National Emission Standards for Storage Vessels (Tanks)--Control Level 
2).
    In addition, each owner or operator of a bulk gasoline terminal is 
required to monitor the loading of gasoline into gasoline cargo tanks 
to limit the loading to vapor-tight gasoline cargo tanks. The owner or 
operator of each gasoline cargo tank loading at an affected bulk 
terminal is required to perform vapor tightness testing on each cargo 
tank to demonstrate compliance with the maximum allowable pressure and 
vacuum change of 3 inches of water, or less, in 5 minutes. Vapor 
tightness testing must be performed using EPA Reference Method 27. 
Railcar cargo tanks may also use the ``Railcar Bubble Leak Test 
Procedures'' specified in the rule.
    40 CFR part 63, Subpart CCCCCC requires that the owner or operator 
of GDF meeting the applicability criteria for vapor balancing 
demonstrate initial compliance with this emission limit by conducting 
an initial performance test on the vapor balance system. The rule also 
contains other options for demonstrating compliance with this emission 
limit, such as using recent performance tests or providing 
documentation that the vapor balance systems are complying with 
enforceable State, local, or tribal rules or operating permits that 
contain requirements at least as stringent as this final rule.
    Each owner or operator must also determine, at the time of 
installation and every 3 years thereafter, the leak rate and cracking 
pressure of pressure-vacuum vent valves installed on gasoline storage 
tanks and must conduct a static pressure test on gasoline storage 
tanks.

D. What are the notification, recordkeeping, and reporting 
requirements?

    Affected sources that are subject to the control requirements under 
these final rules are required to submit four types of notifications or 
reports as set forth in the General Provisions: (1) Initial 
Notification; (2) Notification of Compliance Status; (3) periodic 
reports; and (4) other reports. The Initial Notification alerts the 
regulatory authority of applicability for existing sources or of 
construction for new sources. This notification also includes a 
statement as to whether the facility can achieve compliance by the 
required compliance date. The Notification of Compliance Status 
demonstrates that compliance has been achieved. This

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notification contains the results of initial performance tests and a 
list of equipment subject to the standard. Periodic reports are 
required on a semi-annual basis. The semi-annual compliance report 
informs the regulatory authority of the results of required inspections 
or additional testing results. An excess emissions report, if 
applicable, must be submitted with the semi-annual compliance report 
and is required if excess emission events occur. Excess emission events 
include events such as the loading of a cargo tank that does not have 
documentation of vapor tightness testing, deviations from acceptable 
operating parameter values, or equipment leaks that are not repaired 
within the required time.
    Other reports are also required under the General Provisions, 
generally on a one-time basis, for events such as a notification before 
a performance test or a storage vessel inspection. Reporting these 
events allows the regulatory authority the opportunity to have an 
observer present.
    Reporting requirements for owners or operators of bulk plants and 
GDF are limited in most cases to the Initial Notification and the 
Notification of Compliance Status. Those bulk plants that are located 
in States that require the use of submerged fill would not be required 
to submit these notifications. The same is true for GDF located in 
States or counties that already require submerged fill or submerged 
fill plus vapor balancing.
    Records required under these final rules must be kept for 5 years. 
These include records of cargo tank vapor tightness test 
certifications, records of storage tank and equipment component 
inspections, and records of monthly throughput.

E. Summary of Major Changes Since Proposal

    As a result of the public comments received in response to the 
November 9, 2006 proposal, we have made several changes in the final 
rules for this source category. This section presents a summary of the 
major changes since proposal. Additional discussion of the details of 
the changes and the rationale for making these changes is presented in 
section V of this preamble.
    As proposed, 40 CFR part 63, subpart BBBBBB applied to both bulk 
facilities nationwide and GDF in Urban 1 and Urban 2 areas. We also 
requested comment on whether to require vapor balancing at GDF in Urban 
1 areas and provided rule text in the docket. In order to simplify the 
final rules, we have included the requirements for bulk facilities in 
subpart BBBBBB and have included all requirements for GDF in a separate 
subpart (40 CFR part 63, subpart CCCCCC).
    We have made some changes to the requirements for bulk facilities. 
Internal floating roof storage tanks at bulk terminals and pipeline 
breakout stations will not have to be equipped with secondary rim seals 
(as proposed) if they have vapor mounted primary seals. Also, we are 
clarifying that storage tanks below 20,000 gallons in capacity require 
a cover, and those at or above 20,000 gallons in capacity require the 
controls as proposed and mentioned above.
    We have also made some changes to the requirements for loading 
racks at bulk terminals. We proposed a requirement that all bulk 
terminals meet an 80 mg per liter (mg/l) emission standard for loading 
racks. Based on comments received, however, the type of control 
required in the final rule depends on the daily gasoline throughput of 
the bulk terminal. Loading racks at bulk terminals with daily gasoline 
throughputs of less than 250,000 gallons are required to use submerged 
filling; those at or above a daily gasoline throughput of 250,000 
gallons are required to meet the 80 mg/l standard.
    Additionally, we requested comment and supporting information on 
alternative parameter monitoring approaches for vapor processors used 
to meet the 80 mg/l standard for bulk terminal loading racks. After 
consideration of the public comments, we have decided to include 
presence of flame monitoring (as was proposed) for thermal oxidizers, 
and vacuum level monitoring for carbon adsorbers, as alternatives for 
monitoring the performance of vapor processors. We also took comments 
and requested data on additional requirements for these alternative 
monitoring approaches. We have incorporated these additional periodic 
equipment and maintenance inspections of the vapor processor systems 
into the final rule.
    No major changes since proposal have been made to the requirements 
for pipeline facilities or bulk plants.
    For GDF (40 CFR part 63, subpart CCCCCC), we have incorporated 
changes to the submerged fill requirements and the vapor balance 
requirements on which we requested comments. The final rule contains 
specific requirements for GDF nationwide depending on the GDF's monthly 
gasoline throughput. All GDF, regardless of size, must implement 
management practices that will minimize vapor releases to the 
atmosphere. GDF with a monthly gasoline throughput of 10,000 gallons or 
more must also use submerged fill when loading their storage tanks. In 
addition to the requirements described above, GDF with a monthly 
gasoline throughput of 100,000 gallons or more must use vapor balancing 
when loading the storage tank. Subpart CCCCCC also contains 
requirements applicable to gasoline cargo tanks.

IV. Additional Actions

    In today's final rulemaking, we are also finalizing two additional 
actions that were announced at proposal. These final actions address 
title V permit requirements and our decision not to regulate the 
gasoline distribution (Stage I) area source category under CAA section 
112(c)(6).

A. Title V Permitting Requirements

    Section 502(a) of the CAA provides that EPA may exempt one or more 
area source categories from the requirements of title V if the 
Administrator finds that compliance with such requirements is 
``impracticable, infeasible, or unnecessarily burdensome'' on such 
categories. EPA must determine whether to exempt an area source from 
title V at the time we issue the relevant CAA section 112 standard (40 
CFR 70.3(b)(2)). In this action, we are finalizing the proposed 
exemption of gasoline distribution area sources from the requirement to 
apply for and obtain a title V permit as a result of being subject to 
these final rules. We justified this finding at proposal and did not 
receive any negative comments during the public comment period 
regarding this issue. In fact, we received two positive comments 
supporting the exemption. As a result, gasoline distribution area 
sources are not required to obtain title V permits because of being 
subject to these final rules. However, if such sources are otherwise 
required to obtain title V permits, e.g., due to being part of a major 
source defined under title V (40 CFR 70.2, 40 CFR 71.2, and 40 CFR 
63.2), they must apply for and obtain title V permits. The 
applicability criteria for title V are in 40 CFR 70.3(a) and (b) and 40 
CFR 71.3(a) and (b). We are adding additional regulatory text to this 
rule to clarify the above.

B. Not Regulating This Source Category Under CAA Section 112(c)(6)

    On November 8, 2002 (67 FR 68124), the Gasoline Distribution (Stage 
I) Area Source category was added to the list of source categories for 
development of standards under CAA section 112(c)(6) toward the 90-
percent requirement for polycyclic organic matter (POM). One

[[Page 1920]]

surrogate for POM is the sum of 16 polynuclear aromatic hydrocarbon 
compounds (16-PAH) measured in EPA Test Method 610. Naphthalene is the 
only 16-PAH estimated and reported in the 1990 inventory that is 
emitted from gasoline distribution facilities. As explained in the 
proposal preamble, we have revised the 1990 inventory of naphthalene 
from this source category downward based on additional data received. 
Based on that information, we have concluded that gasoline distribution 
facilities (area sources) contribute only 0.02 percent of the total 16-
PAH (1.73 tons out of 8,051 tons) and are not needed to meet the 90-
percent requirement for POM in CAA section 112(c)(6). This action 
finalizes our decision not to regulate this source category under CAA 
section 112(c)(6) since we fully justified this conclusion at proposal 
and did not receive any negative comments at proposal.

V. Summary of Comments and Responses

    The gasoline distribution area source rules were proposed on 
November 9, 2006 (71 FR 66064). The 60-day public comment period ended 
on January 8, 2007, and we received 36 comment letters. Comments were 
received from industry representatives, trade associations, State and 
local air pollution control agencies, environmental groups, air 
pollution control device vendors, and private citizens. The final rules 
reflect our consideration of all of the comments received on the 
proposed action. This section summarizes the significant comments and 
those that resulted in changes in the final rules. Our responses to 
comments not specifically addressed in this preamble are presented in 
the Response to Comments Document, which is available in Docket No. 
EPA-HQ-OAR-2006-0406.

A. Applicability

1. Area Sources
    Comment: One commenter questioned whether EPA intended the area 
source rules to apply to facilities that are major sources and that 
have GDF on site for refueling of their vehicles (fleet vehicle 
refueling centers). Another commenter stated that EPA should clarify 
that the proposed rule does not apply to gasoline distribution major 
sources.
    Response: The gasoline distribution (Stage I) area source rules 
apply to those gasoline distribution facilities that qualify as area 
sources. Facilities that are major sources (emit >= 10 tons per year of 
one HAP or emit >= 25 tons per year of any combination of HAP) as a 
result of their gasoline distribution activities, or as a result of any 
other activities, would not be subject to these final area source 
rules. We have clarified in the final rules that these rules only apply 
to area sources.
2. GACT Versus MACT Approach
    Comment: One commenter stated that EPA's own interpretation of CAA 
section 112(d)(5) allowed it to set GACT standards ``when the 
imposition of MACT is determined to be unreasonable,'' (60 FR 4948, 
4953, January 25, 1995) and that because EPA did not offer any 
technological or economic reasons why MACT was unreasonable for this 
source category, the selection of GACT rather than MACT was arbitrary 
and capricious.
    Response: EPA disagrees with the commenter's assertion. The 
commenter has taken the phrase cited above in a prior Federal Register 
notice out of context and erroneously asserts that EPA must first 
justify why it is not setting a MACT standard before it can issue a 
GACT standard for a particular area source category.
    In the Federal Register notice cited above, EPA promulgated final 
rules limiting the discharge of chromium compound emissions from both 
major sources and area sources in the hard chromium electroplating, 
decorative chromium electroplating and chromium anodizing tanks source 
categories. In developing that rulemaking, we first established the 
MACT standards for the major sources in each source category. Once we 
determined the standards for major sources, which must be based on 
MACT, we then evaluated what the standards should be for area sources. 
At that time, EPA recognized that it had authority to issue GACT 
standards for area sources. In determining what was GACT for those area 
sources, EPA considered the standards it had just set for the major 
sources and evaluated the technical feasibility of imposing the major 
source requirements on the area sources.
    Additionally, since EPA could consider cost in setting a GACT 
standard, EPA also evaluated whether the cost of imposing the major 
source standards on the area sources in those source categories would 
be reasonable. The statements in the prior Federal Register notice 
concerning CAA section 112(d)(5) were focused on the factual 
circumstances of that rule, which involved the simultaneous 
promulgation of major and area source standards. We did not, in that 
rulemaking, conduct a thorough analysis of the requirements for setting 
a GACT standard under CAA section 112(d)(5).
    As recognized in the Federal Register notice cited above, and in 
this final rule, Congress gave EPA explicit authority to issue 
alternative emission standards for area sources in section 112(d)(5) of 
the CAA. Specifically, CAA section 112(d)(5), which is entitled 
``Alternative standard for area sources,'' provides:

    With respect only to categories and subcategories of area 
sources listed pursuant to subsection (c) of this section, the 
Administrator may, in lieu of the authorities provided in paragraph 
(2) and subsection (f) of this section, elect to promulgate 
standards or requirements applicable to sources in such categories 
or subcategories which provide for the use of generally available 
control technologies or management practices by such sources to 
reduce emissions of hazardous air pollutants. (Emphasis added.)

    There are two critical aspects to CAA section 112(d)(5). First, CAA 
section 112(d)(5) applies only to those categories and subcategories of 
area sources listed pursuant to CAA section 112(c). The commenter does 
not dispute that EPA listed the Gasoline Distribution (Stage I) Area 
Source category pursuant to CAA section 112(c)(3). Second, CAA section 
112(d)(5) provides that for area sources listed pursuant to CAA section 
112(c), EPA ``may, in lieu of '' the authorities provided in CAA 
section 112(d)(2) and 112(f), elect to promulgate standards pursuant to 
CAA section 112(d)(5). CAA Section 112(d)(2) provides that emission 
standards established under that provision ``require the maximum degree 
of reduction in emissions'' of HAP (also known as MACT). CAA Section 
112(d)(3), in turn, defines what constitutes the ``maximum degree of 
reduction in emissions'' for new and existing sources. See CAA section 
112(d)(3).\4\ Webster's dictionary defines the phrase ``in lieu of'' to 
mean ``in the place of'' or ``instead of.'' See Webster's II New 
Riverside University (1994). Thus, CAA section 112(d)(5) authorizes EPA 
to promulgate standards under CAA section 112(d)(5) that provide for 
the use of generally available control

[[Page 1921]]

technologies or management practices (GACT), instead of issuing MACT 
standards pursuant to CAA section 112(d)(2) and (d)(3). The statute 
does not set any condition precedent for issuing standards under 
section 112(d)(5) other than that the area source category or 
subcategory at issue must be one that EPA listed pursuant to CAA 
section 112(c), which is the case here.\5\
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    \4\ Specifically, section 112(d)(3) sets the minimum degree of 
emission reduction that MACT standards must achieve, which is known 
as the MACT floor. For new sources, the degree of emission reduction 
shall not be less stringent than the emission control that is 
achieved in practice by the best-controlled similar source, and for 
existing sources, the degree of emission reduction shall not be less 
stringent than the average emission limitation achieved by the best-
performing 12 percent of the existing sources for which the 
Administrator has emissions information. CAA section 112(d)(2) 
directs EPA to consider whether more stringent--so called beyond-
the-floor limits--are technologically achievable considering, among 
other things, the cost of achieving the emission reduction.
    \5\ CAA section 112(d)(5) also references CAA section 112(f). 
See CAA section 112(f)(5) (entitled ``Area Sources'' and providing 
that EPA is not required to conduct a review or promulgate standards 
under CAA section 112(f) for any area source category or subcategory 
listed pursuant to CAA section 112(c)(3) and for which an emission 
standard is issued pursuant to CAA section 112(d)(5)).
---------------------------------------------------------------------------

    The commenter argues that EPA must provide a rationale for why 
issuing MACT standards for this area source category is 
``unreasonable'' before it can issue GACT standards under CAA section 
112(d)(5). The commenter is incorrect, however. Had Congress intended 
that EPA first conduct a MACT analysis for each area source category, 
and only if cost or some other reason made applying the MACT standard 
``unreasonable'' for the category would EPA be able to issue a standard 
under CAA section 112(d)(5), Congress would have stated so expressly in 
CAA section 112(d)(5). Congress did not require EPA to conduct any MACT 
analysis, floor analysis, or beyond-the-floor analysis before the 
Agency could issue a CAA section 112(d)(5) standard. Rather, Congress 
authorized EPA to issue GACT standards for area source categories 
listed under CAA section 112(c)(3), and that is precisely what EPA has 
done in this rulemaking.
    Although EPA has no obligation to justify why it is issuing a GACT 
standard for an area source category as opposed to a MACT standard, EPA 
must set a GACT standard that is consistent with the requirements of 
CAA section 112(d)(5) and have a reasoned basis for its GACT 
determination. In determining what constitutes GACT for a particular 
area source category, EPA evaluates the control technologies and 
management practices that reduce HAP emissions that are generally 
available for the area source category.\6\ The legislative history 
supporting CAA section 112(d)(5) provides that EPA may consider costs 
in determining what constitutes GACT for the area source category.\7\ 
EPA cannot consider cost in setting MACT floors, pursuant to CAA 
section 112(d)(3). Area sources differ from major sources, which is why 
Congress permitted EPA to consider costs in setting GACT standards for 
area sources under CAA section 112(d)(5), but did not permit that 
consideration in setting MACT floors for major sources. This important 
dichotomy between CAA section 112(d)(3) and CAA section 112(d)(5) 
provides further evidence that Congress sought to do precisely what the 
title of CAA section 112(d)(5) states--provide EPA the authority to 
issue ``[a]lternative standards for area sources.'' EPA properly issued 
standards for this area source category under CAA section 112(d)(5), 
and as demonstrated below, EPA has a reasoned basis for each of its 
GACT determinations.
---------------------------------------------------------------------------

    \6\ As explained above, in developing GACT for the area sources 
subject to this rule, EPA analyzed both the control technologies and 
management practices used by area sources in the category to reduce 
HAP and the control approaches employed by the major sources in this 
category to reduce HAP.
    \7\ Additional information on the definition of ``generally 
available control technology or management practices'' (GACT) is 
found in the Senate report on the 1990 amendments to the CAA (S. 
Rep. No. 101-228, 101st Cong. 1st session, 171-172). That report 
states that GACT is to encompass:
    * * * Methods, practices, and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.
---------------------------------------------------------------------------

    Finally, even accepting, for arguments sake, the commenter's 
assertion that EPA must provide a rational basis for setting a GACT 
standard as opposed to a MACT standard, we did so in the proposed rule. 
In the proposal, we explained that we can and do consider costs and 
economic impacts in determining GACT. We also explained that the 
facilities in the source categories at issue here are already well 
controlled for the Urban HAP for which the source category was listed 
pursuant to CAA section 112(c)(3). We believe the consideration of 
costs and economic impacts is especially important for the well-
controlled facilities in this area source category because, given 
current well-controlled levels, a MACT floor determination, where costs 
cannot be considered, could result in only marginal reductions in 
emissions at very high costs for modest incremental improvement in 
control for this area source category.
    Comment: One commenter encouraged EPA to reevaluate GACT based on 
the cost-effectiveness of controls for volatile organic compounds (VOC) 
as a function of the source's throughput instead of using the cost-
effectiveness of controls for benzene. The commenter believes doing so 
would demonstrate that more stringent emission standards and monitoring 
requirements (similar to the MACT) are warranted for all but the 
smallest of facilities. The commenter pointed out that in 1980, when 
EPA developed the Control Technique Guidelines (CTG) for VOC control in 
ozone non-attainment areas, $2,000 per ton was considered reasonably 
available control technology (RACT). With inflation over the past 26 
years, it should be in the range of $6,000 per ton. According to the 
commenter, since benzene constitutes only about 1 percent of the VOC 
emissions, the cost-effectiveness of these controls for VOC will be 
about 100 times better. The commenter prefers applicability thresholds 
based on throughput, rather than geographical boundaries, as proposed. 
The commenter believes that the proposed GACT neglects consideration of 
the risk posed by individual sources to the local communities. The 
commenter also encouraged EPA to consider more stringent requirements 
for ``new sources.''
    Another commenter pointed out that, in addition to benzene 
exposure, VOC from gasoline fueling play a role in the formation of 
ground level ozone (smog). The commenter stated that EPA should 
consider the full scope of air pollution concerns that are affected by 
emissions from gasoline distribution and should design its Stage I 
regulations to maximize the amount of reductions achieved for both air 
toxics and ozone precursor emissions.
    Response: We understand the commenters' desires for achieving 
greater VOC emission reductions in this rulemaking. We agree that VOC 
emissions contribute to other air pollution concerns and appreciate the 
State and local agencies' efforts in addressing these emissions through 
their regulatory programs. We also agree that an analysis of the 
impacts of this rule based strictly on the control of VOC would yield 
different cost-effectiveness values and potentially support requiring 
more stringent control technologies for these facilities. In fact, we 
did calculate VOC impacts during our analysis of the proposed and final 
regulatory alternatives and these values are presented in the 
supporting documentation. But, as explained in other sections of this 
preamble, the primary focus of these area source rules is fulfilling 
our obligations under CAA section 112(c)(3) for regulating stationary 
sources of benzene. While the controls finalized today will achieve 
reductions in both HAP and VOC emissions, we appropriately focused on 
the HAP cost-effectiveness values in determining what is GACT for 
facilities in this area source category.
    Based on comments received, we have reconsidered the use of 
gasoline throughput for determining what is GACT for these facilities 
and have

[[Page 1922]]

incorporated multiple throughputs into the final rules. The final rules 
require controls at affected facilities nationwide, thus, addressing 
the impacts of benzene emissions from this area source category 
regardless of geographical boundaries.
    In the final rules we distinguish between new and existing sources 
for the submerged fill requirements applicable to bulk gasoline plants 
and GDF. See 40 CFR 63.11086, 40 CFR 63.11117, and 40 CFR 63.11118 for 
the specific requirements. Control requirements at the remaining 
facilities (bulk gasoline terminals, pipeline breakout stations, and 
pipeline pumping stations) apply equally to both new and existing 
sources.
3. Proposed Exemptions
    Comment: One commenter stated that CAA section 112(d)(5) does not 
authorize EPA to base GACT decisions on whether it believes that 
control technologies are or are not cost-effective but, rather, 
intended EPA to consider ``economic impacts.'' Therefore, EPA's 
decision not to require a control level of 35 mg/l for loading racks, 
1-inch pressure drop testing for cargo tanks, and vapor balancing of 
storage tanks at bulk plants and GDF, based on cost-effectiveness 
rather than technological or economic impact issues, is unlawful.
    Response: We disagree with the commenter's interpretation that CAA 
section 112(d)(5) does not authorize EPA to consider cost-effectiveness 
as well as economic impacts in determining what is GACT for the 
affected facilities in an area source category. The legislative history 
supporting CAA section 112(d)(5) provides that EPA may consider costs 
in determining what constitutes GACT for the area source category (see 
footnote 7). Area sources differ from major sources, which is why 
Congress permitted EPA to consider costs, including cost-effectiveness, 
in setting GACT standards for area sources under CAA section 112(d)(5), 
but did not permit that consideration in setting MACT floors for major 
sources. The commenter did not cite any specific language in the CAA 
that prevents us from considering cost-effectiveness as well as other 
economic impacts in determining the level of control that constitutes 
GACT for an area source category. We believe EPA properly considered 
cost-effectiveness in each of its GACT determinations for this area 
source category under CAA section 112(d)(5). See also Husqvarna AB v. 
EPA, 349 U.S. App. D.C. 118, 254 F.3d 195, 201 (DC Cir. 2001) (finding 
EPA's decision to consider costs on a per ton of emissions removed 
basis reasonable because CAA section 213 did not mandate a specific 
method of cost analysis).
    Comment: One commenter stated that because the CAA requires 
standards for all sources in a category, EPA's refusal to set standards 
for storage tanks with a capacity less than 20,000 gallons is unlawful. 
The commenter stated that EPA does not claim that no control technology 
is generally available for storage tanks with a capacity less than 
20,000 gallons or provide any reason that they cannot employ the same 
technology that is used by larger storage tanks.
    Response: In response to this comment, EPA reexamined its GACT 
determination for storage tanks with a capacity less than 20,000 
gallons. As explained above, determining what constitutes GACT involves 
considering the control technologies and management practices that are 
generally available to the facilites in the area source category. We 
also consider standards applicable to major sources in the same 
industrial sector to determine if the control technologies and 
management practices are transferable and generally available to area 
sources. We further consider the costs and economic impacts of 
available control technologies and management practices on that source 
category.
    In the proposed and final rule, we distinguished storage tanks 
based on size and developed a 20,000 gallon capacity threshold. This 
size threshold is similar to the threshold used in several other 
standards that apply to storage tanks, including 40 CFR part 60, 
subpart Kb and the Gasoline Distribution Major Source NESHAP. As 
explained in the 1994 ``Alternative Control Techniques Document: 
Volatile Organic Liquid Storage in Floating and Fixed Roof Tanks'' 
(EPA-453/R-94-001), 20,000 gallons is generally considered to be the 
breakpoint between horizontal and vertical tanks. The document reports 
that most storage tanks below 20,000 gallons are horizontal rather than 
vertical and a large percentage of these tanks are also underground 
tanks.
    In the final rule, we are requiring storage tanks with a capacity 
of 20,000 gallons or more to have floating roof and seal technologies. 
In response to this comment, we re-evaluated the application of these 
same controls on tanks with a capacity less than 20,000 gallons and 
determined that these control approaches do not represent GACT for 
tanks with a capacity less than 20,000 gallons. First, for horizontal 
tanks, which are generally tanks with a capacity below 20,000 gallons, 
the floating roof technology is not technically feasible. Horizontal 
tanks do not have perpendicular sides; this precludes the application 
of floating roof technology to these tanks. Second, our analysis shows 
that the cost-effectiveness of requiring the application of floating 
roof technology to vertical storage tanks below the 20,000 gallon size 
is, at best, about $8,000 per ton of HAP.
    Instead, in the final rule, we are requiring that facilities using 
storage tanks with a capacity below 20,000 gallons follow certain 
management practices for controlling emissions. See 40 CFR 63.11087 for 
those specific requirements.
    Comment: One commenter believes it is not necessary to regulate GDF 
that are already using submerged fill, especially when required by an 
enforceable State, local, or tribal rule or permit. The commenter 
believes that facilities already have safety, economic, and 
environmental reasons to minimize spills, clean them up quickly, and 
prevent gasoline from remaining in the environment; thus, according to 
the commenter, additional emission reductions achieved by including 
these management practices in the final rule might not be significant. 
The commenter recommends that EPA evaluate the potential for emission 
reductions achievable by requiring these management practices and, if 
minimal emission reductions would result, EPA could either entirely 
exclude tanks already equipped with a submerged fill system, or exclude 
tanks covered by a submerged fill requirement in an enforceable State, 
local, or tribal rule or permit. In either case, the commenter suggests 
that the provision in the proposed 40 CFR 63.11085(f) would become an 
exclusion in the proposed 40 CFR 63.11081.
    Another commenter believes that GDF should be excluded from any and 
all proposed and final regulatory alternatives because most States/
regions with unacceptable levels of VOC and HAP already require Stage I 
controls which include submerged filling of underground storage tanks. 
The commenter believes that including GDF in the applicability of the 
proposed rule will inordinately increase the amount of paperwork 
(requiring the submittal of Initial Notifications and Notification of 
Compliance Status to dozens of States and local agencies) with little 
to no environmental benefit. The commenter believes that GDF should be 
regulated at the State and local level as they are today.
    Response: By suggesting that we should not set Federal emission

[[Page 1923]]

standards, the commenters ignore the language of the statute. The CAA 
requires that EPA set Federal emission standards under CAA section 
112(d) for source categories listed under CAA section 112(c)(3), and 
that is precisely what we are doing here. GDF are affected facilities 
within the gasoline distribution (Stage I) area source category. These 
facilities formed part of the basis for listing this area source 
category; hence, EPA is promulgating rules regulating emissions from 
these facilities. As summarized in section III.B of this preamble, 40 
CFR part 63, subpart CCCCCC requires controls at GDF nationwide 
depending on their monthly gasoline throughput. All GDF must employ 
certain management practices. GDF with monthly throughput of 10,000 
gallons or more must use submerged fill when loading their storage 
tanks. GDF with a monthly throughput of 100,000 gallons or more must 
also install a vapor balance system. These controls are GACT for these 
facilities in this area source category.
    We agree with the concept of reducing the reporting and 
recordkeeping burden on affected facilities. We have taken steps in the 
proposed and final rules to minimize these burdens by not requiring 
notifications or reports from facilities that are already operating in 
compliance with enforceable State, local, or tribal rules and permits 
that include requirements that are at least as stringent as those 
contained in these final rules.
    Comment: Two commenters support exempting bulk plants and pipeline 
pumping facilities because emissions from pipeline pumping stations are 
insignificant and because the recordkeeping and reporting would 
represent a burden with no benefit. The commenters stated that if EPA 
does not agree to fully exempt bulk plants and pipeline pumping 
stations, at the very least, those facilities that do not have a 
storage tank or loading rack subject to controls should be exempted 
from the equipment leak requirements.
    Response: As explained above, by suggesting that we should not set 
Federal emission standards for these facilities, the commenters ignore 
the language of the statute. The CAA requires that EPA set Federal 
emission standards under CAA section 112(d) for source categories 
listed under CAA section 112(c)(3), and that is precisely what we are 
doing here. Bulk plants and pipeline pumping stations are affected 
facilities within the Gasoline Distribution (Stage I) Area Source 
category. These facilities formed part of the basis for listing this 
area source category; hence, EPA is promulgating rules regulating 
emissions from these facilities. As such, 40 CFR part 63, subpart 
BBBBBB includes requirements for controls at these facilities based on 
what EPA determined was GACT for each facility.
    We have, however, taken steps to reduce the reporting and 
recordkeeping burden on these facilities. The requirement to submit a 
combined Initial Notification/Notification of Compliance Status is the 
only routine reporting requirement imposed on these facilities. No 
periodic reports are required as part of the equipment leak inspection 
program as long as leaks are repaired in a timely manner. We believe 
that the potential safety and environmental benefits of an equipment 
leak inspection program justify the minimal expense involved.
4. Nationwide Coverage Versus Urban Area Coverage for Standards
    Comment: Several commenters stated that they were strongly opposed 
to EPA's intended approach to narrow the application of CAA section 
112(d) area source rules to urban areas, while other commenters were 
opposed to broadening the applicability of the rules to all areas.
    One commenter stated that because CAA section 112 does not 
authorize EPA to decline to set standards for any sources within a 
category of sources that it has listed pursuant to CAA section 112(c), 
the threshold for sources that are not in urban areas (as well as those 
below the proposed size applicability thresholds) would be unlawful.
    One commenter stated that there is little justification apparent in 
the proposed rule for mandating submerged fill for loading of storage 
tanks in non-urban areas. The commenter claimed that to do so would 
result in additional costs to GDF, while achieving minimal reductions 
in emissions. The commenter stated that, as a matter of law, the 
Agency's discretion is limited to imposing area source controls to area 
sources located within urban areas.
    One commenter believes that EPA should apply the rule in accordance 
with the expressed intent of Congress, which was to reduce ``risks to 
public health in urban areas.'' Therefore, according to this commenter, 
the rule should apply only to facilities that are located in or near 
urban areas. The commenter also stated that health risk should be taken 
into account in evaluating cost-effectiveness, and risk-distance issues 
should be considered. The commenter provided an analysis of their 
recommended use of a risk-distance look-up table to determine 
applicability of the rule.
    Other commenters stated that regardless of whether residential 
populations are urban or rural, individuals living in close proximity 
to GDF are subjected to elevated exposures to HAP and, given the trend 
of building very high volume throughput GDF, the level of exposure is 
likely to remain high and even increase.
    One commenter urged EPA to follow conventional approaches in 
determining the scope of controls, and, in so doing, apply proposed 
Regulatory Alternatives (RA) 2 and 3 to all counties nationwide. The 
commenter urges EPA in this rulemaking, and in future area source 
rulemakings, to apply area source standards uniformly in all counties 
nationwide, particularly in circumstances where the area source 
category is ubiquitous, as is the case with gasoline distribution.
    Another commenter stressed that the impacts of emissions from 
gasoline distribution and dispensing facilities are localized and would 
be similar for most urban and rural areas. The commenter stated that 
the cost of controlling these facilities would be the same in rural or 
urban settings as well; therefore, because the costs and environmental 
impacts are the same, there does not appear to be any rationale for 
treating rural and urban facilities differently.
    One commenter stated that the fact that some State and local 
agencies already regulate these sources does not relieve EPA of its 
obligation to reduce emissions under CAA section 112. According to 
another commenter, many State and local agencies cannot be more 
stringent than the Federal government. The commenter further stated 
that once a Federal rule is promulgated, some agencies must change 
their regulations to make them consistent with those of the Federal 
government, which could result in backsliding if the State or local 
rule was more stringent to begin with.
    Two comments expressed opposition to limiting the geographic scope 
of the proposed regulatory alternatives to reduce the ``overall cost of 
the rule.''
    Response: After consideration of all comments related to the issue 
of nationwide versus urban applicability of the proposed standards for 
submerged fill and vapor balancing at GDF (proposed RA 2 and 3), we 
believe a nationwide approach is appropriate given the facts and 
circumstances of this particular area source category. As suggested by 
commenters, the final rule requires GDFs nationwide to control HAP 
emissions, and those control requirements differ depending on the 
monthly throughput of the GDF, which

[[Page 1924]]

is a reasonable factor for distinguishing between GDF. As explained in 
other responses and sections of this preamble, the final rule requires 
all GDF, regardless of size, to implement certain management practices 
to reduce vapor evaporation. Additionally, GDF with a monthly 
throughput of 10,000 gallons or more must use submerged fill, while GDF 
with a monthly throughput of 100,000 gallons or more must install vapor 
balance systems.
    As proposed, the rule would have only required controls at GDF 
located in Urban 1 and Urban 2 areas. Some commenters suggested further 
narrowing the applicability of the rule to GDF based on the health 
risks and distance to the population of individual facilities. However, 
facilities located in Urban 1 and Urban 2 areas were the basis for 
listing area source categories pursuant to section 112(c)(3) of the 
CAA. We are currently under court-ordered deadlines to complete issuing 
standards for all listed area source categories. Changing our focus 
would mean recreating an area source category list which may differ 
significantly from the current list, greatly hindering our effort to 
complete our obligation by the court-ordered deadlines. Therefore, we 
believe that revisiting the basis for listing the area source 
categories is inappropriate at this time. And, as further explained 
below, we believe the particular facts for this area source category 
indicate that GDF nationwide should implement controls based on their 
monthly gasoline throughput.
    We believe that the CAA provides the Agency with the authority to 
regulate area sources nationwide. As explained in the Strategy and the 
proposed rule, we interpret these provisions as providing EPA authority 
to regulate listed area source categories on a nationwide basis. 
Indeed, in several other area source rules, EPA has exercised this 
discretion and issued rules of nationwide applicability, as it has done 
here. See, e.g., 72 FR 26 (January 3, 2007); 72 FR 2930 (January 23, 
2007); 72 FR 38864 (July 16, 2007).
    A rule of nationwide applicability is particularly appropriate here 
because control costs are not expected to differ in rural vs. urban 
settings, so the control's cost-effectiveness is the same, and economic 
impacts are equally distributed. In addition, after reviewing the 
public comments and the additional analyses presented in support of 
those comments, we determined that the controls discussed above are 
commercially available as they are being used by many bulk facilities 
and GDF, and they are cost-effective (considering the source type and 
size thresholds noted above) for bulk facilities and GDF.
    Therefore, consistent with CAA section 112(d)(5), the final rule 
establishes standards that reflect the application of generally 
available control technology or management practices, and we properly 
considered cost-effectiveness and other economic impacts in determining 
what constitutes GACT for this area source category.
    The commenter also suggested that we should consider health risks 
in making our GACT determination for each facility. In the 1990 CAA 
Amendments, Congress established a two-phase approach for setting HAP 
emission standards. Sierra Club v. EPA, 353 F.3d 976, 980 (DC Cir. 
2004). The first phase is the initial standard setting phase, which is 
the phase at issue in this rulemaking.\8\ In this phase, the standards 
are technology-based, and this is true regardless of whether we issue 
MACT standards under CAA section 112(d)(2) and (d)(3), or GACT 
standards under CAA section 112(d)(5).\9\ See Senate Report at 148 
(1989); Sierra Club v. EPA, 353 F.3d at 980.
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    \8\ The second phase of standard setting involves a risk-based 
analysis. Specifically, CAA section 112(f)(2) requires EPA to 
determine--8 years after issuance of the initial MACT standard--
whether residual risks remain that warrant more stringent standards 
than achieved through MACT. CAA section 112(f)(5) provides that the 
Agency shall not be required to conduct a residual risk for area 
sources for which EPA has issued a GACT standard.
    \9\ CAA section 112(d)(4) does provide, however, that with 
respect to pollutants for which the EPA Administrator has 
established a health threshold, EPA can consider such threshold in 
setting standards under CAA section 112(d). Benzene is a carcinogen 
and is, thus, not a pollutant for which the Administrator has 
established a health threshold, and, therefore, CAA section 
112(d)(4) is not relevant to this category.
---------------------------------------------------------------------------

    In this final rule, EPA is establishing emissions standards for 
this area source category under CAA section 112(d)(5), which authorizes 
EPA to set emissions standards based on GACT for a listed area source 
category. The legislative history describes GACT as ``methods, 
practices, and techniques which are commercially available and 
appropriate for application by sources in the category considering 
economic impacts and the technical capabilities of the firms to operate 
and maintain the emissions control systems.'' S. Rep. No. 101-228, at 
171 (1989) (Senate Report). Consistent with the statute and the 
legislative history, in determining GACT, we evaluated the control 
technologies and management practices that reduce benzene emissions 
from the Gasoline Distribution (Stage I) Area Source category, and we 
assessed the costs of implementing such approaches. We did not consider 
health impacts or risks in determining GACT for the facilities in this 
area source category, as the commenter recommended, nor were we 
required by statute to do so. However, we note that health risk did 
play a role in this process in that the determination of which 
pollutants to regulate and from which categories was governed by the 
statutory requirement to regulate sources accounting for 90 percent or 
more of the 30 HAP that present the greatest health threat in urban 
areas.
    Regarding the comment concerning whether State and local 
regulations may be more stringent than Federal regulations, we 
recognize that this could be an issue in a few States. As an initial 
matter, however, for the reasons described herein, we believe the 
record for this final rule fully supports the GACT determinations that 
we made for the affected facilities. A survey conducted by STAPPA-
ALAPCO in 2002 showed that only two States, Idaho and South Dakota, 
were precluded from issuing State regulations more stringent than 
Federal rules. Twenty four other States have similar restrictions but 
include a variety of exceptions such as: (1) Pre-existing rules; (2) 
when significant benefits can be achieved; or (3) when the requirements 
are needed to meet State Implementation Plan (SIP) commitments. We 
believe that most States that have elected to implement standards more 
stringent than the GACT standards finalized today for the gasoline 
distribution (Stage I) area source category will be able to justify 
maintaining their standards based on VOC reduction benefits or ozone 
non-attainment requirements.

B. Selection of Regulatory Alternative

    Comment: Two commenters recommended that if proposed RA 2 or RA 3 
are considered, that the throughput volume of the GDF storage tanks be 
taken into consideration and explicitly expressed in the regulatory 
text. In the commenters' view, GDF should be re-defined to address 
commercial or commercial-like operations only. The commenters further 
asserted that facilities with storage tanks between 250 and 2,000 
gallons that do not have high volume throughputs should not be 
regulated as the reduction in emissions will not be significant if the 
facility is filling the tanks only once or twice a year. One commenter 
stated that, using AP-42 emission factors, a rough estimate of the 
cost-effectiveness for a throughput of 1,000 gallons per year over the 
15-year life of the tank is $79,000 dollars per ton of VOC and 
$1,100,000 dollars per ton of HAP.

[[Page 1925]]

    Two of the commenters stated that if EPA adopts either proposed RA 
2 or RA 3, it would pose unnecessary regulatory burdens, conflict with 
most State RACT requirements, and likely prove to be ineffective in 
controlling ozone-causing vapors. One commenter stated that if EPA 
adopts either proposed RA 2 or RA 3, the NESHAP should be limited to 
GDF with storage tanks of greater than 1,000 gallons capacity.
    One commenter stated that, with very few exceptions, State/local 
RACT rules set tank capacity thresholds much higher than 250 gallons. 
In objecting to proposed RA 2 and 3, the commenters stated: (1) The 250 
gallon NESHAP applicability threshold under proposed RA 2 and 3 for GDF 
is lower than all but two State RACT regulatory applicability 
thresholds; (2) establishing a NESHAP threshold lower than most RACT 
regulations will lead to confusion on the part of small owners of small 
tanks who would be subject to the NESHAP, but not the RACT requirements 
in most urban areas; (3) many manufacturing facilities operate numerous 
small-capacity gasoline dispensing units to fuel a variety of fire 
protection, maintenance, fleet and pool vehicles, as well as small non-
road equipment such as forklifts, landscaping/mowing equipment, 
portable generators, and portable pumps. The commenter explained that 
these fueling operations should be exempt from the NESHAP because the 
proposed rule would conflict with State and local RACT requirements 
under SIP for the ozone National Ambient Air Quality Standards, and 
thus would require retrofits to the fueling areas.
    Response: These commenters raise several issues related to the 
application of the proposed rule to GDF, and especially to small GDF. 
First, we believe that the preamble to the proposed rule is clear that 
EPA intended for the proposed rule to cover both public and private 
GDF. The types of storage tanks found at private refueling facilities 
are the same as those found at large and small retail GDF. Likewise, 
the potential for emissions and emission reductions and the control 
technology is the same.
    Second, as proposed, the rule required submerged fill on storage 
tanks of greater than 250 gallons capacity. This threshold level for 
control was based on a review of applicable State and local rules and 
is believed to be consistent with existing requirements that cover a 
large portion of the country. For the final rule, we considered the 
comments above by analyzing the costs and cost-effectiveness at these 
small tanks. Under CAA section 112(d)(1), we can distinguish among 
classes, types, and sizes of sources within a source category. We have 
finalized different requirements for the smallest of storage tanks 
because the HAP cost-effectiveness of submerged fill climbs 
significantly as the throughput of a tank becomes very small. If you 
assume a 250 gallon capacity tank is loaded once a week (1,000 gallons 
a month), which is an unusually high number of loadings, the resulting 
cost-effectiveness for submerged fill would be well above $36,000 per 
ton of HAP reduced. Using the threshold in many State VOC rules for 
vapor balancing (10,000 gallons per month) the cost-effectiveness is 
$12,000 per ton of HAP reduced. Therefore, we agree with the 
commenters' concern and the final rule distinguishes between GDF based 
on the monthly throughput of the facility. Specifically, we are 
adopting a facility-wide threshold that distinguishes between GDF with 
a monthly throughput of 10,000 gallons per month or more and those 
below this threshold. In addition, we are retaining from the proposal 
that submerged fill is not required for individual tanks with a 250-
gallon capacity independent of monthly throughput. However, under the 
final rule, all GDF, including those with throughput less than 10,000 
gallons per month and tanks with a 250-gallon capacity or less, are 
required to perform the management practices to minimize evaporation.
    The submerged fill and management practices requirements reduce 
nationally 150 tons of HAP annually, including 5 tons of benzene 
emissions. The cost of both the submerged fill for larger GDF and 
management practices for all GDF is a capital cost of $3 million 
nationally, but an annual cost credit of almost $500,000 nationally 
because the value of the recovered gasoline ($1.73 million) is higher 
than the annual control costs ($1.26 million). In addition to 
establishing these monthly throughput levels, we have maintained the 
reduced requirements for notifications, reporting, and recordkeeping 
that were proposed for GDF.
    Comment: Many commenters expressed their preference for proposed RA 
3 and several offered recommendations on variations of the Stage I 
vapor balancing requirements for GDF. One commenter suggested an annual 
throughput threshold of 200,000 gallons for Stage I vapor balancing 
applicability. The commenter further suggested that this applicability 
threshold should be on a calendar year basis with onsite records of 
monthly throughput required for all GDF, even those below the 200,000 
gallon threshold. Two commenters stated that any requirement for Stage 
I vapor balancing should specify that, unless otherwise approved by the 
air pollution control agency having jurisdiction, only California Air 
Resources Board (CARB) certified Stage I vapor balancing equipment 
should be allowed at GDF.
    One commenter recommended that Stage I vapor balancing be 
universally required within 2 years of adoption of 40 CFR part 63, 
subpart BBBBBB for tanks above a specified size and throughput and that 
all new GDF storage tanks and all new delivery trucks be equipped with 
Stage I vapor balancing equipment. Another commenter believes that all 
GDF (urban and rural) with throughputs greater than 10,000 gallons per 
month should be required to install and operate a vapor balance system.
    Two other commenters expressed opposition to proposed RA 3 and 
stated that they believe that vapor balancing is not cost-effective and 
is substantially more difficult to implement than submerged fill. The 
commenters claim that proposed RA 3 would impose significant costs on 
GDF to achieve only marginal gains over submerged filling.
    Two additional commenters stated that proposed RA 3 would cover a 
high percentage of above-ground tanks that are not easily retrofitted 
with Stage I vapor recovery. Specifically, the commenter stated that 
retrofitting small above-ground tanks with vapor recovery poses two 
practical difficulties. First, most small above-ground tanks were not 
designed with fittings that will accommodate a vapor recovery line. 
According to the commenter, for these tanks, vapor recovery retrofit 
would require either cutting and welding to install new fittings or 
tank replacement. Second, because the fittings in above-ground tanks 
are elevated above grade, any fuel that enters the vapor recovery line 
does not drain readily. The commenter noted that this would cause vapor 
blockage and ineffective vapor recovery. The commenter further 
indicated that many States do not approve vapor recovery systems for 
any above-ground tanks for this reason.
    Response: After considering all of the comments, we have concluded 
that GDF vapor balancing at GDF is cost-effective and should be 
required for GDF with throughputs greater than or equal to 100,000 
gallons per month. We have not made any significant changes since the 
proposal on how we implement the vapor balancing requirements. Also, we 
believe our unit costs are representative of the installed control 
costs.
    As indicated by the proposal preamble and several commenters,

[[Page 1926]]

vapor balancing is required by many State and local agencies and is, 
therefore, already generally available and in widespread use. About 62 
percent of the national volume of gasoline is vapor balanced at GDF. 
\10\ Given that most of these vapor balance systems were installed to 
control VOC instead of HAP (nearly 100 percent of gasoline vapor versus 
about 5 percent, respectively), we analyzed the HAP emissions reduction 
and costs for different sized GDF. We concluded that a monthly 
throughput could be developed to reasonably estimate the size of the 
GDF, thereby enabling us to better determine what is GACT for the 
different sizes of GDF. In our evaluation, some emission and cost 
parameters changed (HAP content and interest rate, see section VI of 
this preamble). We concluded from our cost and emission reduction 
analysis that when vapor balancing is applied to facilities with 
throughput levels above 100,000 gallons per month, the HAP cost-
effectiveness is about $3,700 per ton of HAP reduced as opposed to the 
cost-effectiveness of the 10,000 gallon per month threshold analyzed at 
proposal (about $9,000 per ton). The national emission reductions and 
costs just for vapor balancing are about 2,600 tons of HAP reduced, at 
a capital cost of $44 million and an annualized cost of $9.3 million 
per year. In total, for all bulk facilities and all GDF requirements, 
the total national impacts of today's final rules are 4,900 tons of HAP 
reduced, at a capital cost of $75 million. The annualized capital, 
operating and maintenance, and compliance costs are $20 million; 
however, there is a $26.5 million per year credit for the recovered 
gasoline, resulting in a total annualized cost credit of $6.5 million 
per year for these final rules.
---------------------------------------------------------------------------

    \10\ As reported at proposal, vapor balancing is already used at 
GDF in areas where about 68 percent of the gasoline is consumed. 
However, some smaller facilities are exempted from this requirement, 
thus, about 62 percent of the gasoline delivered to GDF is actually 
controlled with vapor balancing.
---------------------------------------------------------------------------

    As described in the proposal preamble (71 FR 66073, November 9, 
2006), we evaluated various vapor balancing requirements and selected 
an implementation approach for the proposed and final rules that 
included management practices rather than requiring each owner or 
operator to test the efficiency of installed vapor balance systems. We 
also proposed, and included in the final rules, that owners or 
operators may use other equipment configurations if they successfully 
demonstrate to the Administrator through performance testing, as 
specified in the final rules, that their system is capable of reducing 
emissions from the loading of their storage tanks by 95 percent. We 
also allow owners or operators to demonstrate compliance with the 
requirements of the final rule by informing EPA that the facility has 
installed CARB or other State certified vapor balance systems. We do 
not, however, require that only CARB certified systems be allowed as 
suggested by the commenter. This approach of allowing owners or 
operators to demonstrate that their chosen vapor balance systems are 
effective is used by many State and local agencies and we believe that 
the added flexibility is beneficial, and, therefore, have not made 
implementation changes to what was proposed.
    We believe that vapor balancing is GACT for these GDF. The 
technology of vapor balancing has been effectively applied to storage 
tanks at bulk plants (nearly all having above-ground tanks) and GDF for 
many years. The commenter who claimed that vapor balancing would be 
difficult or costly for many facilities, especially those with above-
ground tanks, did not provide any supporting data or cost estimates, 
and we do not have any information that supports these claims. Our 
analysis of the cost of installing a vapor balance system was based on 
an average cost that included about $2,000 in labor costs plus $2,500 
in capital costs, based on estimates obtained from the States of 
California and Texas. While it is possible that some facilities may 
incur costs greater than these, we believe that they represent the 
upper end of the range of ``typical'' costs for installing a vapor 
balance system. In fact, one State agency submitted a vendor's cost 
estimate of $1,044 plus labor for a submerged fill and vapor balance 
system. Thus, we believe that not only is vapor balance technology 
available, but that the cost we analyzed is a reasonable estimate.

C. Bulk Terminals

1. Alternative To Comply With 40 CFR Part 63, Subpart WW
    Comment: Two commenters stated that EPA should modify the rule to 
allow for facilities to comply with either NSPS subpart Kb \11\ of 40 
CFR part 60 or NESHAP subpart WW \12\ of 40 CFR part 63 for both 
internal and external floating roof tanks. In addition, the commenters 
stated that the rule language and Table 2 should be revised to allow 
for compliance with subpart WW in lieu of subpart Kb for those tanks 
subject to subpart Kb and to provide facilities the option to switch 
from subpart Kb to subpart WW. The commenters also suggested that the 
regulation should be clarified to reflect that a facility may choose to 
comply with subpart WW in lieu of subpart Kb for tanks subject to 
controls only under the proposed area source rule (with deck fitting 
controls waived if the tank is subject to controls only under the area 
source rule). The commenters explained that the ability to comply with 
either rule is important because subpart WW provides clarity in areas 
where subpart Kb is unclear. The commenters stated that these 
clarifications are particularly important with respect to ladder/
guidepole combinations on internal floating roof tanks. According to 
the commenters, these devices are commonly used with internal floating 
roof tanks, yet were not addressed in prior rulemakings. The commenters 
claim that while subpart WW allows for an equivalency demonstration on 
the basis of emission factors and specifies test methods for 
determining emission factors, subpart Kb is unclear on equivalency 
demonstration.
---------------------------------------------------------------------------

    \11\ 40 CFR part 60, subpart Kb, Standards of Performance for 
Volatile Organic Liquid Storage Vessels (Storage Vessels New Source 
Performance Standards (NSPS)).
    \12\ 40 CFR part 63, subpart WW, National Emission Standards for 
Storage Vessels (Tanks)--Control Level 2.
---------------------------------------------------------------------------

    Response: The final rule for these storage tanks was based on 
portions of 40 CFR part 60, subpart Kb, which applies to storage tanks 
installed after 1984. EPA determined that these requirements are GACT 
for the storage tanks in this area source category and have, therefore, 
included them in the final rule. Alternatively, the final rule allows 
affected facilities the option of complying with applicable provisions 
in 40 CFR part 63, subpart WW, as EPA believes these requirements are 
equivalent to the applicable provisions in subpart Kb. See Table 1 in 
40 CFR part 63, subpart BBBBBB for the specific requirements from these 
subparts that storage tanks at bulk facilities must implement as GACT 
under this area source rule.
    Additionally, recognizing that certain facilities may be 
simultaneously subject to 40 CFR part 60, subpart Kb and this area 
source rule, the final rule specifies that owners or operators of 
facilities that are subject to both subparts, and who are currently 
operating in compliance with all applicable requirements in subpart Kb, 
will be deemed in compliance with this area source rule.
    However, we are not incorporating the commenter's recommendation 
that facilities subject to subpart Kb should instead be allowed to 
comply with 40

[[Page 1927]]

CFR part 63, subpart WW. We do not have the authority to allow owners 
or operators subject to standards under different CAA provisions 
(section 111 and section 112) to choose which regulations will apply to 
their facilities. Facilities must comply with all applicable 
regulations.
    In addition, we disagree with the commenters claim that the 
requirements of 40 CFR part 60, subpart Kb are unclear. We believe, and 
industry agreed in the Storage Tank Emission Reduction Partnership 
Program agreement (65 FR 19891, April 13, 2000), that the subpart Kb 
wording of ``no visible gap'' means that the slotted guidepoles are 
required to be controlled.
2. Control of Guidepoles
    Comment: One commenter recommended that the final rule require that 
rim seals and guidepoles be controlled on all external floating roof 
tanks (EFRT) and that no other deck fitting controls be required. The 
commenter presented emissions and emissions reduction estimates that 
they believe supports their position that EFRT guidepoles are the 
primary source of deck fitting emissions. In their example case of a 
tank equipped with a slotted guidepole, 99 percent of the potential 
emission reductions from the control of deck fittings are attributable 
to control of the slotted guidepole. The commenter also presented 
information to support their conclusion that the control of guidepoles 
is a cost-effective measure, whereas the control of other deck fittings 
is not cost-effective.
    Response: We evaluated the commenter's recommendation, and the 
supporting materials they provided, and decided not to revise the final 
rule as requested. We believe that the commenter is correct that 
guidepoles are the largest single source of emissions from deck 
fittings, based on typical emission factors presented by the commenter, 
and that controls are available and required by many rules. Thus, we 
agree that they should be controlled under this rule. We also agree 
that, in most typical cases, the emissions from all other deck fittings 
are lower. However, we do not agree that all of the other deck fittings 
should be allowed to remain uncontrolled.
    The primary reason for our position on the control of deck fittings 
is the difficulty in determining the point at which an ``opening'' in 
the deck becomes large enough to be a serious concern. For example, a 
loose-fitting cover on an access hatch may not be a significant source 
of emissions if the openings or gaps around the cover are small. 
However, if the same cover had a gap twice as large, the emissions 
would be much greater and would probably warrant controls. The process 
of determining when a gap around a cover actually becomes equivalent to 
an opening in the deck would be very difficult, not only for facility 
personnel, but also for enforcement personnel.
    Another factor that we considered in making the decision to require 
deck fitting controls is the variable nature of the emissions from 
EFRT. While the emission factors used to estimate emissions from EFRT 
are believed to provide reliable estimates for the typical tank, there 
may be case-by-case factors that have a significant impact on 
emissions. For example, the relative locations of two or more gaps or 
openings in the deck may lead to the ``channeling'' of air currents 
that significantly increase the emission rate. The position of a gap or 
opening relative to the prevailing wind direction (whether the opening 
is normally shielded or exposed) may also influence the emission rate.
    As mentioned earlier, and for the reasons discussed above, we 
believe that the final rule should require control of all deck 
fittings. Because the cost of installing fitting controls on all deck 
fittings is low, and, as proposed, we are allowing up to 10 years for 
the installation of these controls so that the fittings can be 
installed at a time when the tank is out of service and appropriate 
service staff are on site, we believe that this requirement is 
reasonable.

D. Testing and Monitoring

1. Continuous Monitoring and CEMS on Vapor Processors
    Comment: One commenter recommended that EPA consider allowing 
Continuous Parameter Monitoring Systems in cases where the facility 
owner or operator can demonstrate that the monitored parameter is 
sufficient to ensure compliance with the standards. The commenter 
stated that parameter monitoring is already in place at most, if not 
all, of these facilities in their State. Several other commenters 
support alternative monitoring options for vapor combustion and carbon 
adsorption units. The commenters claim that these alternatives, coupled 
with comprehensive annual inspections and adequate maintenance programs 
and the more frequent compliance testing requirements in the proposal, 
should be reasonable to assure compliance with the proposed emission 
limits. The commenters provided emissions testing data to support their 
claims that the alternative monitoring options were an effective means 
of ensuring continuing compliance. They also provided specific 
recommendations on inspection and maintenance requirements that they 
believe should be included in the alternative monitoring option.
    Response: We have reviewed the data provided by the commenters and 
believe that the alternative monitoring options will be acceptable for 
ensuring compliance with the final rule. The devices used to control 
gasoline vapors emitted from loading racks at bulk terminals are almost 
exclusively thermal systems or carbon adsorbers. Thermal systems 
achieve very high removal efficiencies in this source category because 
the vapor stream being controlled is extremely combustible. The data 
provided by the commenters show that as long as a pilot flame is 
present to ignite the vapors, these systems consistently achieve 
controlled emission levels far below the level required by the final 
rule. The performance of carbon adsorbers has, likewise, been shown by 
the commenter's data to remain sufficiently high when the system vacuum 
levels are maintained at the appropriate levels.
    The commenters also recommended that numerous specific components 
of the control systems be inspected periodically (daily, for most 
items) and maintained as necessary as a means of assuring that the 
devices continue to perform as designed. Most of the commenter's 
recommendations have been incorporated into the final rule. The 
commenters did, however, recommend that the daily inspections occur 
during each ``manned day of operation.'' We did not limit the 
inspections to manned days of operation, but require them for each day 
of operation. We believe that at least the routine daily inspections 
should be conducted during each day that the facility is in operation, 
regardless of whether the facility has operators on site, to assure 
continuous compliance. For those facilities with no on-site personnel, 
the owner or operator can choose not to use this alternative monitoring 
approach, they can choose to have someone visit the site daily, or they 
can install monitoring equipment necessary to record the specified 
parameters on a daily basis.
    The proposed rule specified in 40 CFR 63.11092(d) that operation of 
the vapor processing system in a manner exceeding or going below the 
monitored operating parameter value constituted a violation of the 
emission standard for the applicable loading rack. As with the major 
source MACT standard for this source category, we continue to require

[[Page 1928]]

that operation of the system at times when specific monitored 
parameters exceed or go below the applicable monitored parameter value 
be reported as a violation of the emission standard. However, we did 
consider what the continuous compliance status should be if the 
additional (to parameter monitoring) periodic maintenance and 
inspection procedures reveal operational problems. The commenters 
stated that problems discovered during maintenance and inspections 
should trigger corrective actions, but should not be considered 
violations of the emission standard. Because we have no data to support 
a direct relationship between the maintenance and inspection procedures 
and the actual emission rates, we agree with the commenters and believe 
that the results of these procedures should be viewed as indicators of 
proper operation rather than violations of the emission standard.
    To ensure that proper maintenance and inspection procedures are 
followed, we have included in the final rule a requirement that owners 
or operators prepare a monitoring and inspection plan. The plan must 
contain a description of each item to be included in the periodic 
inspections and must define the normal operation of each item. The plan 
must also specify conditions that would be considered malfunctions, 
describe the corrective actions to be taken to correct any malfunction, 
and define what the owner or operator considers to be a timely repair 
for each potential malfunction. For the timing of necessary corrective 
actions, we have used the corrective action timing from the recently 
proposed NESHAP for Iron and Steel Foundries (72 FR 52984, September 
17, 2007). We are requiring that facilities initiate corrective action 
to determine the cause of a problem within 1 hour, initiate corrective 
action to fix the problem within 24 hours, and complete all corrective 
actions to fix the problem as soon as practicable (and as specified in 
the monitoring and inspection plan). Thus, problems discovered during 
inspections will be monitored and recorded by being subject to 
corrective actions according to a monitoring and inspection plan that 
the owner or operator is required to develop. Owners or operators will 
be required to maintain a record of all corrective actions and report 
them semi-annually.
    We believe that, when combined with the periodic maintenance and 
inspection requirements, the monitoring for the presence of a flame in 
a thermal system and vacuum level in a carbon adsorber will provide 
adequate assurance of continuing compliance with the final rule. We 
have, therefore, incorporated the commenter's recommended options for 
alternative parameter monitoring and periodic inspections (and 
associated corrective action) into the final rule.
2. Past Performance Tests
    Comment: One commenter supports EPA's willingness to accept past 
performance tests, but requests that performance tests completed within 
the 5 previous years be accepted. Many States require permit updates on 
a 5-year cycle, so some facilities may have performance tests only 
every 5 years.
    Response: When we proposed to accept performance tests conducted 
within the past 3 years, we considered that time period to be 
representative of typical permit cycles. After consideration of the 
commenter's request, we agree with the commenter that 5 years is a more 
typical permit cycle and we have revised the provision in the final 
rule to more accurately correspond to the typical 5-year cycle for most 
State permits. In the final rule, we specify that we will accept 
performance testing completed up to 5 years prior to submittal under 40 
CFR 63.11092 rather than the 3 years that was proposed.

E. Control Costs and Cost Analyses Performed

1. Loading Racks
    Comment: Two commenters stated that the costs of installing control 
devices at loading racks is significantly more than was estimated in 
EPA's cost analysis of the 80 mg/l control level. One of the commenters 
stated that there were currently about 20 small uncontrolled loading 
racks in use and submitted estimates of the costs to convert these 
uncontrolled loading racks to bottom loading and to add a vapor 
processor system. The commenter also stated that the HAP cost-
effectiveness for converting these uncontrolled loading racks was very 
poor and suggested that a throughput threshold of 2 million barrels per 
year was justified based on HAP cost-effectiveness. Three commenters 
support the requirement of submerged fill for ``small'' bulk gasoline 
terminals rather than routing vapors from the loading rack to a vapor 
control device. The commenters claim that this level of control is 
appropriate because these smaller facilities are typically located in 
rural areas as designated by the urbanized area plus offset and urban 
cluster definition (40 CFR 63.761), and, as such, do not pose an 
unacceptable health risk to urban areas. One of these commenters also 
presented data and concluded that the cost and cost-effectiveness of 
converting uncontrolled splash loading facilities to submerged, top-
loading facilities was very reasonable.
    Response: In the proposed rule, all bulk terminals would have been 
required to control loading rack emissions to 80 mg/l, or less, with a 
vapor processor. We reviewed both the cost data provided by the 
commenter and the data we used to develop the proposal and then 
considered the appropriateness of establishing a daily throughput for 
bulk terminals in the final rule. We have placed a memorandum 
documenting our analysis in the docket (Docket No. EPA-HQ-OAR-2006-
0406).
    Based on our review of the information provided by the commenter, 
and our analysis of their recommendation to include a daily throughput 
for bulk terminals required to meet the 80 mg/l loading rack standard, 
we have decided to revise the final rule. Because of the large capital 
investment required for installing these controls (over $3 million per 
facility), the resulting HAP cost-effectiveness is greater than $10,000 
per ton for facilities with a gasoline throughput of less than 250,000 
gallons per day. We are, therefore, including in the final rule a 
different requirement for those terminals with an average gasoline 
throughput less than 250,000 gallons per day (about 2 million barrels 
per year).
    Specifically, we determined that GACT for these low throughput 
facilities is submerged fill systems for outgoing loads. We believe 
that both the initial capital investment and the HAP cost-effectiveness 
of this requirement are reasonable. The capital investment is about 
$25,000 per facility and the annualized cost of the capital investment 
is about $2,400. However, because the value of the recovered product is 
about $75,700 per year, the net annualized cost of control is a credit 
of about $73,000 per year. The resulting HAP cost-effectiveness is a 
credit of almost $11,000 per ton. The requirement to use submerged fill 
will result in greater than 50 percent reduction in emissions compared 
to the splash fill base case. The impacts of controls on bulk terminals 
(submerged fill for terminals below 250,000 gallons per day throughput, 
80 mg/l vapor processors terminals above 250,000 gallons per day, and 
leak testing of vapor recovery tank trucks loaded at terminal) in the 
final rule is a reduction of 190 tons of HAP per year at a capital

[[Page 1929]]

cost of $500,000 and a cost credit of $1.4 million in annualized cost 
(because of the value of the gasoline vapor recovered (about $1.5 
million)).
    Although the commenters claim that these sources are located in 
rural areas, the decision to include this level of control for small 
bulk terminals was based on our re-analysis of the costs of control 
rather than on location. As was discussed in the response to an earlier 
comment, we believe that the development of area source standards that 
apply nationwide in all areas is appropriate given the facts and 
circumstances of this particular source category.
2. Internal Floating Roof Tanks
    Comment: One commenter submitted facility data used to develop 
estimates of the cost, HAP reductions, and HAP cost-effectiveness of 
adding a secondary seal to internal floating roof tanks (IFRT) that 
have vapor mounted primary seals. The commenter provided capacity and 
throughput data for nine storage tanks. The commenter did not provide 
any specific recommendations for changes to the proposed rule, but 
stated that the cost-effectiveness for this control measure was very 
poor.
    Response: As a result of our review of the data provided by the 
commenter, and a re-evaluation of the costs we estimated during the 
development of the proposal, we have decided to revise the final rule. 
In our examination of the impacts of storage tank controls prior to 
proposal, we combined the estimated impacts for IFRT and EFRT and 
considered the combined impacts. The impacts of the proposed rule, when 
all storage tank types are combined, were considered to be reasonable. 
However, the commenter is correct that the cost-effectiveness of adding 
secondary rim seals to an IFRT with an existing vapor mounted primary 
rim seal, when considered separately from the other tank types, is 
estimated to be greater than $150,000 per ton of HAP reduced. The final 
rule will, therefore, require that IFRT have a primary seal but will 
not require a secondary seal.

F. Notifications, Reporting, and Recordkeeping

    Comment: One commenter supported the proposal to waive the 
requirements for submission of Initial Notification and Notification of 
Compliance Status for bulk plants and GDF and suggests this waiver be 
expanded to include pipeline breakout stations and pipeline pumping 
stations.
    The commenter also suggests that all facilities be allowed to 
submit reports only when there are deviations to report rather than 
being required to submit semi-annual reports even if there are no 
deviations during the period. The commenter stated that if there were 
no deviations, there would be no report. The commenter noted that EPA 
wrote in the preamble to the proposed rule ``there are approximately 
1,800 pipeline breakout stations nationwide.'' The commenter points out 
that this would result in 3,600 new semi-annual reports to agencies 
each year, placing undue burden on facilities and agencies. The 
commenter suggested that, as an alternative, only terminals and bulk 
plants should be required to submit semi-annual reports. The commenter 
stated that the regulatory requirements proposed for pipeline breakout 
stations, pipeline pumping stations, and GDF are easily auditable 
(e.g., log of equipment leak inspections, installation of submerged 
fill) and should not require semi-annual reporting. The commenter also 
stated that EPA should clarify that delay of repair is allowed with 
proper documentation and that the Administrator's approval is not 
required.
    Response: Our intent in not requiring the submission of Initial 
Notification and Notification of Compliance Status for bulk plants and 
GDF was to reduce the burden on small businesses. We also believe this 
provision is appropriate because of the relative ease with which an 
inspector can determine if these facilities are meeting either 
submerged fill or vapor balancing requirements of the rule. However, it 
is more difficult to determine compliance with the storage tank 
requirements and equipment leak inspection requirements for pipeline 
breakout stations and pipeline pumping stations. We believe that it is 
reasonable to require these larger facilities to submit notifications 
certifying their status. These facilities are also typically not small 
businesses, the commenter did not provide data to support their 
position, and the reporting burden is not expected to be a significant 
burden.
    With regard to the commenter's position that only reports of 
deviations be required rather than semi-annual reporting, we agree that 
for some source types these reports may not be necessary. Thus, we have 
revised the periodic reporting requirements in the final rule to 
require that pipeline pumping stations and bulk plants must only 
submit, on a semi-annual basis, any occurrences of an equipment leak 
for which no repair attempt was made within 5 days or for which repair 
was not completed within 15 days after detection. If there are no such 
occurrences, no semi-annual report is required. However, the monthly 
equipment leak inspections must be performed and a record of the 
inspections must be kept. We have made this revision because, other 
than monthly equipment leak inspections, the only control measure 
typically required at these facilities is the use of submerged fill at 
bulk plants. Because submerged fill equipment is not expected to 
deteriorate significantly over time and is not subject to operating 
variables that impact emissions, we do not believe that semi-annual 
reporting is necessary. Likewise, as the commenter pointed out, the 
monthly equipment leak requirements include the maintenance (recording 
of the inspection event) of an inspection log which is required to be 
readily accessible to an inspector. We also considered that there are a 
large number of these facilities and that a significant number of the 
semi-annual reports would only be reporting that no delays in repair 
occurred. Therefore, as long as the equipment leak inspections are 
performed and documented, and as long as there are no delays in needed 
repairs, we do not believe that any reporting is necessary.
    We have not, however, changed the requirement for semi-annual 
reporting by bulk terminals and pipeline breakout stations because we 
view these reports as necessary to ensure that facilities operate and 
maintain their storage tanks (and loading racks at bulk terminals) 
according to the provisions of the rule.
    Finally, in response to the commenter's suggestion, we have 
clarified in the final rule that Administrator approval is not 
necessary for a facility to utilize the delay of repair provisions in 
the rule. Instead, the facility must document why repair within 15 days 
was not feasible, and provide that explanation in its next semi-annual 
report. We would point out, however, that this requirement may be 
implemented by a delegated authority under 40 CFR 63.11099 and that the 
reasons for a delay in repairs must be properly documented and must be 
acceptable to the delegated authority. If the documentation is not 
acceptable to the delegated authority, the delay in repair may be 
considered a violation of the standards.

VI. Summary of Environmental, Energy, Cost, and Economic Impacts

    As discussed earlier, gasoline distribution activities are carried 
out at several different types of facilities. These include bulk 
terminals, pipeline breakout stations, pipeline pumping stations, bulk 
plants, and GDF. Our analysis of the gasoline distribution industry led 
us to estimate that there

[[Page 1930]]

were approximately the following numbers of affected area sources 
incurring costs (and emission reductions) within each type of facility: 
20 bulk terminals, 1,600 cargo tanks, 400 pipeline breakout stations, 
1,800 pipeline pumping stations, 390 bulk plants, and 9,900 GDF. The 
following paragraphs present our estimates of the impacts that these 
final rules would have on these facilities.

A. What are the air impacts?

    Nationwide, gasoline distribution facilities emit annually an 
estimated 475,000 tons of VOC and 22,800 tons of HAP (including 800 
tons of benzene). As discussed earlier, gasoline no longer contains EDC 
so there are no longer any emissions of EDC from this source category. 
We estimate that, after the final rules are implemented, annual HAP 
emissions will be reduced by 4,900 tons, which includes 175 tons of 
benzene, from about 14,000 facilities. The final rules will also reduce 
VOC emissions by 103,000 tons per year, which represents about a 22 
percent reduction in emissions of these pollutants, compared to the 
baseline. At proposal, we did a separate analysis of the impacts of the 
proposed Mobile Source Air Toxics Rule (MSAT), but since the MSAT rule 
is now final, it is considered as part of the baseline. Instead of the 
total HAP content of gasoline vapor, including 0.27 percent benzene (as 
used in our analysis at proposal), the MSAT rule will reduce it to 
about 0.17 percent. Also, we assume that MTBE will be completely phased 
out of the gasoline pool. The net effect is that the HAP content will 
be reduced from about 7.3 percent (estimated at proposal) to about 4.8 
percent in gasoline vapor. Thus, all impact estimates reported in this 
notice reflect the impacts after full implementation of the MSAT rule 
and the elimination of MTBE in gasoline.
    We project that any adverse air impacts associated with this rule 
will be insignificant. Using national data from all stationary benzene 
emission sources in the 1999 National Air Toxic Assessment (NATA) and 
ratioing them to the national benzene emissions from this source 
category, we approximate that this rule will reduce about 22 percent of 
the current benzene emissions from these sources, resulting in a 
reduction of incidences of cancer from benzene exposure by 0.08 cases 
per year. These cancer incidence reduction approximations are 
considered a very rough estimate because no exposure analysis was 
performed for this source category and the 1999 NATA data should be 
used cautiously, as the overall quality and uncertainties of the NATA 
results will vary from location to location, as well as from pollutant 
to pollutant. In addition, EPA's Scientific Advisory Board has 
cautioned the Agency against using the results of the NATA assessment 
for regulatory purposes. Further information on the limitations of NATA 
is discussed at the following Web site: http://www.epa.gov/ttn/atw/nata1999/index.html
.


B. What are the cost impacts?

    The cost of implementing the final rules for gasoline distribution 
area source facilities would include the capital and annualized costs 
to control storage tanks, loading racks, equipment leaks, and cargo 
tanks, as well as the costs of complying with the testing, monitoring, 
reporting, and recordkeeping requirements. Since proposal we changed 
the interest rate used in our cost analysis to amortize the initial 
costs. The annualized cost estimates presented in the proposal are 
based on a 10 percent interest rate. As we reported in the proposed 
rule, cost documentation, the interest rate that the Agency uses for 
cost analyses such as these should have been 7 percent. We committed to 
correct that over-estimate in the final analyses. We have also 
corrected the cost analysis to incorporate the changes discussed in 
section III of this preamble and to incorporate the simplified 
monitoring, reporting, and recordkeeping requirement costs discussed in 
the proposal cost documentation. Thus, the cost analyses reported below 
and elsewhere in this notice includes these changes.
    The final rules are estimated to result in capital expenditures of 
approximately $75 million. The annualized cost of the capital 
expenditures is estimated to be about $7.5 million. Annual operating 
and maintenance costs are estimated at about $4.1 million. We have 
estimated the annual costs of testing, monitoring, reporting, and 
recordkeeping to be about $8.4 million. Because of the value ($26.5 
million) of the product that is either recovered or prevented from 
evaporating, however, we estimate that the annualized cost of the final 
rules is a credit of about $6.5 million.

C. What are the economic impacts?

    These final rules affect area sources from pipeline transportation, 
bulk stations and terminals, local and long-haul trucking, and gasoline 
stations which make up the gasoline distribution industry. We performed 
an economic impact analysis with methodology based on a single-market 
partial-equilibrium analysis of the national gasoline market. The 
analysis estimates changes in gasoline prices and outputs for affected 
sources under the control requirements in the final rules. The results 
of our analyses are stated below.
    The compliance cost results in an insignificant increase in 
gasoline prices. This price increase is less than 1 cent per gallon 
(less than 0.001 percent).
    Given these small increase in prices, the corresponding reductions 
in gasoline consumption are also minor. The estimated annual reduction 
is less than 3 million gallons per year.
    The overall total annual surplus changes (social costs/gains), 
which reflect changes in consumer and producer behavior in response to 
the compliance costs of the final rule, is a net gain of $6.5 million.
    For more information, please refer to the Economic Impact Analysis 
report that is in the public docket for these rules.

D. What are the non-air environmental and energy impacts?

    Water quality would not be affected by implementation of these 
rules. These final rules do not contain any requirements related to 
water discharges or wastewater collection, and no additional gasoline 
is expected to enter these areas as a result of these rules. We project 
that the implementation of the required management practices will 
result in a decrease in the release of gasoline to the environment, but 
we have not quantified this reduction.
    We also project that there will be no significant solid waste 
impact. Neither thermal oxidizers nor condensers generate any solid 
waste as a by-product of their operation. When carbon adsorption 
systems are used, the spent activated carbon that cannot be further 
regenerated may be disposed of in a landfill, which would contribute a 
small amount of solid waste.
    The control devices used to control emissions from loading racks 
and some storage tanks use electric motor-driven blowers, dampers, or 
pumps, depending on the type of system, in addition to electronic 
control and monitoring systems. The installation of these devices would 
have a small negative energy impact. We believe, however, that there 
will be very few, if any, new installations of these control devices as 
a result of these rules. Also, because the liquid being controlled by 
these systems is gasoline, and some of the applied control measures 
would keep this fuel in the distribution system, they would have a 
positive impact on this form of energy. We estimate that these rules

[[Page 1931]]

would prevent a total of approximately 35 million gallons of gasoline 
from being lost to evaporation annually.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action.'' The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may ``raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in the Executive Order.'' Accordingly, EPA submitted this 
action to the Office of Management and Budget (OMB) for review under 
Executive Order 12866 and any changes made in response to OMB 
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in these final rules have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq. An Information Collection Request (ICR) 
document has been prepared by EPA and has been assigned EPA ICR number 
2237.02. A copy may be obtained from Susan Auby, Collection Strategies 
Division (2822T), EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 
20460, or by calling (202) 566-1672. A copy may also be downloaded from 
the public docket for this action (Docket ID number EPA-HQ-OAR-2006-
0406), which can be found in http://www.regulations.gov. The 

information collection requirements are not enforceable until OMB 
approves them.
    The information to be collected for the final area source rules are 
based on notification, recordkeeping, and reporting requirements in the 
NESHAP General Provisions in 40 CFR part 63, subpart A, which are 
mandatory for all operators subject to national emission standards. 
These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to the EPA pursuant to the recordkeeping and reporting 
requirements for which a claim of confidentiality is made is 
safeguarded according to EPA policies set forth in 40 CFR part 2, 
subpart B.
    These final rules require performance testing of control devices 
used to control emissions from loading racks at bulk terminals and from 
some storage tanks at bulk terminals and pipeline breakout stations. 
They also require annual inspections of storage tanks at bulk terminals 
and pipeline breakout stations and collection of cargo tank vapor 
tightness documentation by bulk terminals. In addition, the rules 
require periodic pressure testing of vapor balance equipment at GDF. 
Finally, monthly equipment leak inspections at bulk terminals, pipeline 
breakout stations, pipeline pumping stations, and bulk plants are 
required. These final rules do not require any notifications or reports 
beyond those required by the General Provisions. The recordkeeping 
requirements require only the specific information needed to determine 
compliance. We have taken steps to minimize the reporting and 
recordkeeping requirements for the smaller facilities (bulk plants and 
GDF) that are affected by these final rules.
    The annual monitoring, reporting, and recordkeeping burden to 
affected sources for this collection (averaged over the first three 
years after the effective date of the promulgated rule) is estimated to 
be about 129,700 labor hours per year, with a total annual cost of $8.4 
million per year. Most of this burden will be spread over approximately 
14,000 facilities that will be required to keep records and file 
reports. Of this total burden, however, about 68,500 labor hours (and 
$4.5 million) will be incurred by about 4,200 of the larger, bulk 
distribution facilities. Depending on the facility type, these 
estimates include two one-time notifications, a one-time performance 
test and report for control devices, periodic equipment inspections, 
and semi-annual compliance reporting. We did not receive any comments 
on the proposed ICR, therefore, the ICR has only been updated to 
reflect any changes in affected sources and reporting and recordkeeping 
discussed earlier in this notice. 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 as well as the 
time to develop, acquire, install, and use 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. When this ICR is 
approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in these 
final rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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.
    For the purposes of assessing the impacts of these final rules on 
small entities, small entity is defined as: (1) A small business whose 
parent company has less than $25 million in revenue (NAICS 447110, 
Gasoline Stations with Convenience Stores), less than $23.5 million in 
revenue (NAICS 484220 and 484230, Hazardous Materials Trucking [except 
waste], local and long-distance), and less than $8.0 million in revenue 
(NAICS 447190, Other Gasoline Stations), and fewer than 100 employees 
(NAICS 424710, Petroleum Bulk Stations and Terminals), and 1,500 
employees (NAICS 486910, Pipeline Transportation of Refined Petroleum 
Products) based on Small Business Administration size standards; (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 is not 
dominant in its field. Under these definitions, approximately 60,000 
gasoline distribution firms are considered small entities. For more 
information, refer to http://www.sba.gov/size/sizetable2002.html. The 

economic impacts of the regulatory alternatives are analyzed based on 
the consumption of gasoline. However, for the small business impact 
analysis, these impacts are described in terms of comparing the 
compliance costs to sales

[[Page 1932]]

revenues for representative entities. For more detail, see the current 
Economic Impact Analysis in the public docket.
    After considering the economic impacts of these final rules on 
small entities, I certify that the final rules will not have a 
significant economic impact on a substantial number of small entities. 
This certification is based on the economic impact of the final rules 
to affected small entities in the entire gasoline distribution 
industry. The small entities directly regulated by these final rules 
are industries within the NAICS codes 424710, 447110, 447190, 484220, 
and 484230. We have determined that Pipeline Transportation of Refined 
Petroleum Products (NAICS 486910) does not contain any small business 
entities and, therefore, is not included in the small business impact 
analysis. For the regulatory alternatives analyzed, all gasoline 
distribution industry categories that contain small business entities 
are expected to have an average annual cost to sales ratio of less than 
one percent with cost impacts for all regulated small entities ranging 
from a cost savings to less than 0.61 percent of sales. In addition, no 
other adverse impacts are expected to occur to these affected small 
businesses.
    For more information on the small entity economic impacts 
associated with the final decisions for gasoline distribution 
industries affected by this action, please refer to the Economic Impact 
and Small Business Analyses in the public docket.
    Although these final rules will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of these final rules on small entities. When 
developing the standards, we took special steps to ensure that the 
burdens imposed on small entities were minimal. We conducted meetings 
with industry officials to discuss regulatory options and the 
corresponding burden on industry, such as recordkeeping and reporting.

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 the 
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 
one year. Before promulgating an EPA 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 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 regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Based on the cost and economic impact analyses discussed in 
sections VI.B and C, and the paperwork analysis in section VII.B of 
this preamble, EPA has determined that these final rules do not contain 
a Federal mandate that may result in expenditures of $100 million or 
more to State, local, and tribal governments in the aggregate, or to 
the private sector in any one year. Thus, these final rules are not 
subject to the requirements of sections 202 and 205 of the UMRA. EPA 
has determined, for the same reason as above for all governments, that 
these final rules contain no regulatory requirements that might 
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (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.''
    These final rules do not have federalism implications. They 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. These final rules impose 
requirements on owners and operators of specified area sources and not 
State and local governments. Thus, Executive Order 13132 does not apply 
to these final rules.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 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.''
    These final rules 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 these final rules.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental health or safety 
effects of the planned rule on children and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by the Agency.
    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. These final rules are not 
subject to Executive Order 13045 because they are based on technology

[[Page 1933]]

performance and not on health or safety risks.

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

    These final rules are not a ``significant energy action'' as 
defined in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because they are not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that these final rules are not likely to have any 
adverse energy effects.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, 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. VCS 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS.
    This rule involves technical standards. EPA has decided to use the 
following methods: EPA Methods 9, 21, 22, and 27 (40 CFR part 60, 
appendix A); American Society of Testing Materials (ASTM) Standard D 
5228-92, ``Standard Test Method for Determination of Butane Working 
Capacity of Activated Carbon''; CARB Vapor Recovery Test Procedure TP-
201.1, ``Volumetric Efficiency for Phase I Vapor Recovery Systems''; 
CARB Vapor Recovery Test Procedure TP-201.1E, ``Leak Rate and Cracking 
Pressure of Pressure/Vacuum Vent Valves''; and CARB Vapor Recovery Test 
Procedure TP-201.3, ``Determination of 2-Inch WC Static Pressure 
Performance of Vapor Recovery Systems of Dispensing Facilities.''
    The standard ASTM D 5228-92, ``Standard Test Method for 
Determination of Butane Working Capacity of Activated Carbon,'' is also 
a VCS. This standard will be incorporated by reference into 40 CFR 
63.14.
    Consistent with the NTTAA, EPA conducted searches to identify VCS 
in addition to these methods. No applicable VCS were identified for EPA 
Methods 9, 21, 22, 27, ASTM D5228-92, or CARB methods TP-201.1, TP-
201.1E, and TP-201.3. The search and review results are in the docket 
for this rule.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
test methods or alternative monitoring requirements in place of any 
required testing methods, performance specifications, or procedures.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that these final rules will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because they increase the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. These final rules establish national standards.

K. Congressional Review Act

    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. EPA will submit a report containing these 
final rules 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 rules in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). These final rules will be 
effective on January 10, 2008.

List of Subjects for 40 CFR Part 63

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

    Dated: December 20, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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


0
2. Section 63.14 is amended by adding new paragraphs (b)(63) and (l) to 
read as follows:


Sec.  63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (63) ASTM D 5228-92--``Standard Test Method for Determination of 
Butane Working Capacity of Activated Carbon,'' reapproved 2005, IBR 
approved for Sec.  63.11092(b)(1)(i)(B)(1)(ii).
* * * * *
    (l) The following materials are available from the California Air 
Resources Board, Engineering and Certification Branch, 1001 I Street, 
P.O. Box 2815, Sacramento, CA 95812-2815, Telephone (916) 327-0900 and 
are also available at the following Web site: http://www.arb.ca.gov/vapor/vapor.htm
.

    (1) California Air Resources Board Vapor Recovery Test Procedure 
TP-201.1.--``Volumetric Efficiency for Phase I Vapor Recovery 
Systems,'' adopted April 12, 1996, and amended February 1, 2001 and 
October 8, 2003, IBR approved for Sec.  63.11120(b)(1).
    (2) California Air Resources Board Vapor Recovery Test Procedure 
TP-201.1E--``Leak Rate and Cracking Pressure of Pressure/Vacuum Vent 
Valves,'' adopted October 8, 2003, IBR approved for Sec.  
63.11120(a)(1)(i).
    (3) California Air Resources Board Vapor Recovery Test Procedure 
TP-201.3--``Determination of 2-Inch WC Static Pressure Performance of 
Vapor Recovery Systems of Dispensing Facilities,'' adopted April 12, 
1996 and amended March 17, 1999, IBR approved for Sec.  
63.11120(a)(2)(i).

0
3. Part 63 is amended by adding a new subpart BBBBBB to read as 
follows:

[[Page 1934]]

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

Sec.

What This Subpart Covers

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

Emission Limitations and Management Practices

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

Testing and Monitoring Requirements

63.11092 What testing and monitoring requirements must I meet?

Notification, Records, and Reports

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

Other Requirements and Information

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

Tables to Subpart BBBBBB of Part 63

Table 1 to Subpart BBBBBB of Part 63--Applicability Criteria, 
Emission Limits, and Management Practices for Storage Tanks
Table 2 to Subpart BBBBBB of Part 63--Applicability Criteria, 
Emission Limits, and Management Practices for Loading Racks
Table 3 to Subpart BBBBBB of Part 63--Applicability of General 
Provisions

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

What This Subpart Covers


Sec.  63.11080  What is the purpose of this subpart?

    This subpart establishes national emission limitations and 
management practices for hazardous air pollutants (HAP) emitted from 
area source gasoline distribution bulk terminals, bulk plants, and 
pipeline facilities. This subpart also establishes requirements to 
demonstrate compliance with the emission limitations and management 
practices.


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

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


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

    (a) The emission sources to which this subpart applies are gasoline 
storage tanks, gasoline loading racks, vapor collection-equipped 
gasoline cargo tanks, and equipment components in vapor or liquid 
gasoline service that meet the criteria specified in Tables 1 through 3 
to this subpart.
    (b) An affected source is a new affected source if you commenced 
construction on the affected source after November 9, 2006, and you 
meet the applicability criteria in Sec.  63.11081 at the time you 
commenced operation.
    (c) An affected source is reconstructed if you meet the criteria 
for reconstruction as defined in Sec.  63.2.
    (d) An affected source is an existing affected source if it is not 
new or reconstructed.


Sec.  63.11083  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your affected source before January 10, 2008, 
you must comply with the standards in this subpart no later than 
January 10, 2008.
    (2) If you start up your affected source after January 10, 2008, 
you must comply with the standards in this subpart upon startup of your 
affected source.
    (b) If you have an existing affected source, you must comply with 
the standards in this subpart no later than January 10, 2011.
    (c) If you have an existing affected source that becomes subject to 
the control requirements in this subpart because of an increase in the 
average daily throughput, as specified in option 1 of Table 2 to this 
subpart, you must comply with the standards in this subpart no later 
than 3 years after the affected source becomes subject to the control 
requirements in this subpart.

Emission Limitations and Management Practices


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

    Each owner or operator of an affected bulk gasoline plant, as 
defined in Sec.  63.11100, must comply with the requirements of 
paragraphs (a) through (i) of this section.
    (a) Except as specified in paragraph (b), you must only load 
gasoline into storage tanks and cargo tanks at your facility by 
utilizing submerged filling, as defined in Sec.  63.11100, and, as 
specified in paragraph (a)(1) or paragraph (a)(2) of this section.
    (1) Submerged fill pipes installed on or before November 9, 2006, 
must be no more than 12 inches from the bottom of the tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be 
no more than 6 inches from the bottom of the tank.
    (b) The emission sources listed in paragraphs (b)(1) through (2) of 
this section are not required to comply with

[[Page 1935]]

the control requirements in paragraph (a) of this section, but must 
comply only with the requirements in paragraph (d) of this section.
    (1) Gasoline storage tanks with a capacity of less than 250 
gallons.
    (2) Gasoline storage tanks that are subject to subpart CCCCCC of 
this part.
    (c) You must perform a monthly leak inspection of all equipment in 
gasoline service according to the requirements specified in Sec.  
63.11089(a) through (d).
    (d) You must not allow gasoline to be handled in a manner that 
would result in vapor releases to the atmosphere for extended periods 
of time. Measures to be taken include, but are not limited to, the 
following:
    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers and all gasoline storage 
tank fill-pipes with a gasketed seal when not in use;
    (4) Minimize gasoline sent to open waste collection systems that 
collect and transport gasoline to reclamation and recycling devices, 
such as oil/water separators.
    (e) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008 unless you meet the requirements in 
paragraph (g) of this section. The Initial Notification must contain 
the information specified in paragraphs (e)(1) through (4) of this 
section. The notification must be submitted to the applicable EPA 
Regional Office and the delegated State authority, as specified in 
Sec.  63.13.
    (1) The name and address of the owner and the operator.
    (2) The address (i.e., physical location) of the bulk plant.
    (3) A statement that the notification is being submitted in 
response to this subpart and identifying the requirements in paragraphs 
(a), (b), (c), and (d) of this section that apply to you.
    (4) A brief description of the bulk plant, including the number of 
storage tanks in gasoline service, the capacity of each storage tank in 
gasoline service, and the average monthly gasoline throughput at the 
affected source.
    (f) You must submit a Notification of Compliance Status to the 
applicable EPA Regional Office and the delegated State authority, as 
specified in Sec.  63.13, by the compliance date specified in Sec.  
63.11083 unless you meet the requirements in paragraph (g) of this 
section. The Notification of Compliance Status must be signed by a 
responsible official who must certify its accuracy and must indicate 
whether the source has complied with the requirements of this subpart. 
If your facility is in compliance with the requirements of this subpart 
at the time the Initial Notification required under paragraph (e) of 
this section is due, the Notification of Compliance Status may be 
submitted in lieu of the Initial Notification provided it contains the 
information required under paragraph (e) of this section.
    (g) If, prior to January 10, 2008, you are operating in compliance 
with an enforceable State, local, or tribal rule or permit that 
requires submerged fill as specified in Sec.  63.11086(a), you are not 
required to submit an Initial Notification or a Notification of 
Compliance Status under paragraph (e) or paragraph (f) of this section.
    (h) You must comply with the requirements of this subpart by the 
applicable dates specified in Sec.  63.11083.
    (i) You must keep applicable records and submit reports as 
specified in Sec.  63.11094(d) and (e) and Sec.  63.11095(c).


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

    (a) You must meet each emission limit and management practice in 
Table 1 to this subpart that applies to your gasoline storage tank.
    (b) You must comply with the requirements of this subpart by the 
applicable dates specified in Sec.  63.11083, except that storage 
vessels equipped with floating roofs and not meeting the requirements 
of paragraph (a) of this section must be in compliance at the first 
degassing and cleaning activity after January 10, 2011 or by January 
10, 2018, whichever is first.
    (c) You must comply with the applicable testing and monitoring 
requirements specified in Sec.  63.11092(e).
    (d) You must submit the applicable notifications as required under 
Sec.  63.11093.
    (e) You must keep records and submit reports as specified in 
Sec. Sec.  63.11094 and 63.11095.
    (f) If your gasoline storage tank is subject to, and complies with, 
the control requirements of 40 CFR part 60, subpart Kb of this chapter, 
your storage tank will be deemed in compliance with this section. You 
must report this determination in the Notification of Compliance Status 
report under Sec.  63.11093(b).


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

    (a) You must meet each emission limit and management practice in 
Table 2 to this subpart that applies to you.
    (b) As an alternative for railcar cargo tanks to the requirements 
specified in Table 2 to this subpart, you may comply with the 
requirements specified in Sec.  63.422(e).
    (c) You must comply with the requirements of this subpart by the 
applicable dates specified in Sec.  63.11083.
    (d) You must comply with the applicable testing and monitoring 
requirements specified in Sec.  63.11092.
    (e) You must submit the applicable notifications as required under 
Sec.  63.11093.
    (f) You must keep records and submit reports as specified in 
Sec. Sec.  63.11094 and 63.11095.


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

    (a) Each owner or operator of a bulk gasoline terminal, bulk plant, 
pipeline breakout station, or pipeline pumping station subject to the 
provisions of this subpart shall perform a monthly leak inspection of 
all equipment in gasoline service, as defined in Sec.  63.11100. For 
this inspection, detection methods incorporating sight, sound, and 
smell are acceptable.
    (b) A log book shall be used and shall be signed by the owner or 
operator at the completion of each inspection. A section of the log 
book shall contain a list, summary description, or diagram(s) showing 
the location of all equipment in gasoline service at the facility.
    (c) Each detection of a liquid or vapor leak shall be recorded in 
the log book. When a leak is detected, an initial attempt at repair 
shall be made as soon as practicable, but no later than 5 calendar days 
after the leak is detected. Repair or replacement of leaking equipment 
shall be completed within 15 calendar days after detection of each 
leak, except as provided in paragraph (d) of this section.
    (d) Delay of repair of leaking equipment will be allowed if the 
repair is not feasible within 15 days. The owner or operator shall 
provide in the semiannual report specified in Sec.  63.11095(b), the 
reason(s) why the repair was not feasible and the date each repair was 
completed.
    (e) You must comply with the requirements of this subpart by the 
applicable dates specified in Sec.  63.11083.
    (f) You must submit the applicable notifications as required under 
Sec.  63.11093.
    (g) You must keep records and submit reports as specified in 
Sec. Sec.  63.11094 and 63.11095.

[[Page 1936]]

Testing and Monitoring Requirements


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

    (a) Each owner or operator subject to the emission standard in 
Sec.  63.11088 for gasoline loading racks must comply with the 
requirements in paragraphs (a) through (d) of this section.
    (1) Conduct a performance test on the vapor processing and 
collection systems according to either paragraph (a)(1)(i) or paragraph 
(a)(1)(ii) of this section.
    (i) Use the test methods and procedures in Sec.  60.503 of this 
chapter, except a reading of 500 parts per million shall be used to 
determine the level of leaks to be repaired under Sec.  60.503(b) of 
this chapter.
    (ii) Use alternative test methods and procedures in accordance with 
the alternative test method requirements in Sec.  63.7(f).
    (2) If you are operating your gasoline loading rack in compliance 
with an enforceable State, local, or tribal rule or permit that 
requires your loading rack to meet an emission limit of 80 milligrams 
(mg), or less, per liter of gasoline loaded (mg/l), you may submit a 
statement by a responsible official of your facility certifying the 
compliance status of your loading rack in lieu of the test required 
under paragraph (a)(1) of this section.
    (3) If you have conducted performance testing on the vapor 
processing and collection systems within 5 years prior to January 10, 
2008, and the test is for the affected facility and is representative 
of current or anticipated operating processes and conditions, you may 
submit the results of such testing in lieu of the test required under 
paragraph (a)(1) of this section, provided the testing was conducted 
using the test methods and procedures in Sec.  60.503 of this chapter. 
Should the Administrator deem the prior test data unacceptable, the 
facility is still required to meet the requirement to conduct an 
initial performance test within 180 days of the rule promulgation; 
thus, previous test reports should be submitted as soon as possible 
after January 10, 2008.
    (4) The performance test requirements of Sec.  63.11092(a) do not 
apply to flares defined in Sec.  63.11100 and meeting the flare 
requirements in Sec.  63.11(b). The owner or operator shall demonstrate 
that the flare and associated vapor collection system is in compliance 
with the requirements in Sec.  63.11(b) and 40 CFR 60.503(a), (b), and 
(d).
    (b) For each performance test conducted under paragraph (a)(1) of 
this section, the owner or operator shall determine a monitored 
operating parameter value for the vapor processing system using the 
procedures specified in paragraphs (b)(1) through (5) of this section.
    (1) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall install, calibrate, certify, 
operate, and maintain, according to the manufacturer's specifications, 
a continuous monitoring system (CMS) while gasoline vapors are 
displaced to the vapor processor systems specified in paragraphs 
(b)(1)(i) through (iv) of this section. During the performance test, 
continuously record the operating parameter as specified under 
paragraphs (b)(1)(i) through (iv) of this section.
    (i) Where a carbon adsorption system is used, the owner or operator 
shall monitor the operation of the system as specified in paragraphs 
(b)(1)(i)(A) or (B) of this section.
    (A) A continuous emissions monitoring system (CEMS) capable of 
measuring organic compound concentration shall be installed in the 
exhaust air stream.
    (B) As an alternative to paragraph (b)(1)(i)(A) of this section, 
you may choose to meet the requirements listed in paragraph 
(b)(1)(i)(B)(1) and (2) of this section.
    (1) Carbon adsorption devices shall be monitored as specified in 
paragraphs (b)(1)(i)(B)(1)(i),(ii), and (iii) of this section.
    (i) Vacuum level shall be monitored using a pressure transmitter 
installed in the vacuum pump suction line, with the measurements 
displayed on a gauge that can be visually observed. Each carbon bed 
shall be observed during one complete regeneration cycle on each day of 
operation of the loading rack to determine the maximum vacuum level 
achieved.
    (ii) Conduct annual testing of the carbon activity for the carbon 
in each carbon bed. Carbon activity shall be tested in accordance with 
the butane working capacity test of the American Society for Testing 
and Materials (ASTM) Method D 5228-92 (incorporated by reference, see 
Sec.  63.14), or by another suitable procedure as recommended by the 
manufacturer.
    (iii) Conduct monthly measurements of the carbon bed outlet 
volatile organic compounds (VOC) concentration over the last 5 minutes 
of an adsorption cycle for each carbon bed, documenting the highest 
measured VOC concentration. Measurements shall be made using a portable 
analyzer, in accordance with 40 CFR part 60, Appendix A-7, EPA Method 
21 for open-ended lines.
    (2) Develop and submit to the Administrator a monitoring and 
inspection plan that describes the owner or operator's approach for 
meeting the requirements in paragraphs (b)(1)(i)(B)(2)(i) through (v) 
of this section.
    (i) The lowest maximum required vacuum level and duration needed to 
assure regeneration of the carbon beds shall be determined by an 
engineering analysis or from the manufacturer's recommendation and 
shall be documented in the monitoring and inspection plan.
    (ii) The owner or operator shall verify, during each day of 
operation of the loading rack, the proper valve sequencing, cycle time, 
gasoline flow, purge air flow, and operating temperatures. Verification 
shall be through visual observation or through an automated alarm or 
shutdown system that monitors and records system operation.
    (iii) The owner or operator shall perform semi-annual preventive 
maintenance inspections of the carbon adsorption system according to 
the recommendations of the manufacturer of the system.
    (iv) The monitoring plan developed under paragraph (2) of this 
section shall specify conditions that would be considered malfunctions 
of the carbon adsorption system during the inspections or automated 
monitoring performed under paragraphs (b)(1)(i)(B)(2)(i) through (iii) 
of this section, describe specific corrective actions that will be 
taken to correct any malfunction, and define what the owner or operator 
would consider to be a timely repair for each potential malfunction.
    (v) The owner or operator shall document the maximum vacuum level 
observed on each carbon bed from each daily inspection and the maximum 
VOC concentration observed from each carbon bed on each monthly 
inspection as well as any system malfunction, as defined in the 
monitoring and inspection plan, and any activation of the automated 
alarm or shutdown system with a written entry into a log book or other 
permanent form of record. Such record shall also include a description 
of the corrective action taken and whether such corrective actions were 
taken in a timely manner, as defined in the monitoring and inspection 
plan, as well as an estimate of the amount of gasoline loaded during 
the period of the malfunction.
    (ii) Where a refrigeration condenser system is used, a continuous 
parameter monitoring system (CPMS) capable of measuring temperature 
shall be installed immediately downstream from the outlet to the 
condenser section. Alternatively, a CEMS capable of

[[Page 1937]]

measuring organic compound concentration may be installed in the 
exhaust air stream.
    (iii) Where a thermal oxidation system other than a flare is used, 
the owner or operator shall monitor the operation of the system as 
specified in paragraphs (b)(1)(iii)(A) or (B) of this section.
    (A) A CPMS capable of measuring temperature shall be installed in 
the firebox or in the ductwork immediately downstream from the firebox 
in a position before any substantial heat exchange occurs.
    (B) As an alternative to paragraph (b)(1)(iii)(A) of this section, 
you may choose to meet the requirements listed in paragraphs 
(b)(1)(iii)(B)(1) and (2) of this section.
    (1) The presence of a thermal oxidation system pilot flame shall be 
monitored using a heat-sensing device, such as an ultraviolet beam 
sensor or a thermocouple, installed in proximity to the pilot light to 
indicate the presence of a flame.
    (2) Develop and submit to the Administrator a monitoring and 
inspection plan that describes the owner or operator's approach for 
meeting the requirements in paragraphs (b)(1)(iii)(B)(2)(i) through (v) 
of this section.
    (i) The thermal oxidation system shall be equipped to automatically 
prevent gasoline loading operations from beginning at any time that the 
pilot flame is absent.
    (ii) The owner or operator shall verify, during each day of 
operation of the loading rack, the proper operation of the assist-air 
blower, the vapor line valve, and the emergency shutdown system. 
Verification shall be through visual observation or through an 
automated alarm or shutdown system that monitors and records system 
operation.
    (iii) The owner or operator shall perform semi-annual preventive 
maintenance inspections of the thermal oxidation system according to 
the recommendations of the manufacturer of the system.
    (iv) The monitoring plan developed under paragraph (2) of this 
section shall specify conditions that would be considered malfunctions 
of the thermal oxidation system during the inspections or automated 
monitoring performed under paragraphs (b)(1)(iii)(B)(2)(ii) and (iii) 
of this section, describe specific corrective actions that will be 
taken to correct any malfunction, and define what the owner or operator 
would consider to be a timely repair for each potential malfunction.
    (v) The owner or operator shall document any system malfunction, as 
defined in the monitoring and inspection plan, and any activation of 
the automated alarm or shutdown system with a written entry into a log 
book or other permanent form of record. Such record shall also include 
a description of the corrective action taken and whether such 
corrective actions were taken in a timely manner, as defined in the 
monitoring and inspection plan, as well as an estimate of the amount of 
gasoline loaded during the period of the malfunction.
    (iv) Monitoring an alternative operating parameter or a parameter 
of a vapor processing system other than those listed in paragraphs 
(b)(1)(i) through (iii) of this section will be allowed upon 
demonstrating to the Administrator's satisfaction that the alternative 
parameter demonstrates continuous compliance with the emission standard 
in Sec.  63.11088(a).
    (2) Where a flare meeting the requirements in Sec.  63.11(b) is 
used, a heat-sensing device, such as an ultraviolet beam sensor or a 
thermocouple, must be installed in proximity to the pilot light to 
indicate the presence of a flame.
    (3) Determine an operating parameter value based on the parameter 
data monitored during the performance test, supplemented by engineering 
assessments and the manufacturer's recommendations.
    (4) Provide for the Administrator's approval the rationale for the 
selected operating parameter value, monitoring frequency, and averaging 
time, including data and calculations used to develop the value and a 
description of why the value, monitoring frequency, and averaging time 
demonstrate continuous compliance with the emission standard in Sec.  
63.11088(a).
    (5) If you have chosen to comply with the performance testing 
alternatives provided under paragraph (a)(2) or paragraph (a)(3) of 
this section, the monitored operating parameter value may be determined 
according to the provisions in paragraph (b)(5)(i) or paragraph 
(b)(5)(ii) of this section.
    (i) Monitor an operating parameter that has been approved by the 
Administrator and is specified in your facility's current enforceable 
operating permit. At the time that the Administrator requires a new 
performance test, you must determine the monitored operating parameter 
value according to the requirements specified in paragraph (b) of this 
section.
    (ii) Determine an operating parameter value based on engineering 
assessment and the manufacturer's recommendation and submit the 
information specified in paragraph (b)(4) of this section for approval 
by the Administrator. At the time that the Administrator requires a new 
performance test, you must determine the monitored operating parameter 
value according to the requirements specified in paragraph (b) of this 
section.
    (c) For performance tests performed after the initial test required 
under paragraph (a) of this section, the owner or operator shall 
document the reasons for any change in the operating parameter value 
since the previous performance test.
    (d) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall comply with the requirements in 
paragraphs (d)(1) through (4) of this section.
    (1) Operate the vapor processing system in a manner not to exceed 
or not to go below, as appropriate, the operating parameter value for 
the parameters described in paragraph (b)(1) of this section.
    (2) In cases where an alternative parameter pursuant to paragraph 
(b)(1)(iv) or paragraph (b)(5)(i) of this section is approved, each 
owner or operator shall operate the vapor processing system in a manner 
not to exceed or not to go below, as appropriate, the alternative 
operating parameter value.
    (3) Operation of the vapor processing system in a manner exceeding 
or going below the operating parameter value, as appropriate, shall 
constitute a violation of the emission standard in Sec.  63.11088(a), 
except as specified in paragraph (d)(4) of this section.
    (4) For the monitoring and inspection, as required under paragraphs 
(b)(1)(i)(B)(2) and (b)(1)(iii)(B)(2) of this section, malfunctions 
that are discovered shall not constitute a violation of the emission 
standard in Sec.  63.11088(a) if corrective actions as described in the 
monitoring and inspection plan are followed. The owner or operator 
must:
    (i) Initiate corrective action to determine the cause of the 
problem within 1 hour;
    (ii) Initiate corrective action to fix the problem within 24 hours;
    (iii) Complete all corrective actions needed to fix the problem as 
soon as practicable consistent with good air pollution control 
practices for minimizing emissions;
    (iv) Minimize periods of start-up, shutdown, or malfunction; and
    (v) Take any necessary corrective actions to restore normal 
operation and prevent the recurrence of the cause of the problem.
    (e) Each owner or operator subject to the emission standard in 
Sec.  63.11087 for

[[Page 1938]]

gasoline storage tanks shall comply with the requirements in paragraphs 
(e)(1) through (3) of this section.
    (1) If your gasoline storage tank is equipped with an internal 
floating roof, you must perform inspections of the floating roof system 
according to the requirements of Sec.  60.113b(a) if you are complying 
with option 2(b) in Table 1 to this subpart, or according to the 
requirements of Sec.  63.1063(c)(1) if you are complying with option 
2(d) in Table 1 to this subpart.
    (2) If your gasoline storage tank is equipped with an external 
floating roof, you must perform inspections of the floating roof system 
according to the requirements of Sec.  60.113b(b) if you are complying 
with option 2(c) in Table 1 to this subpart, or according to the 
requirements of Sec.  63.1063(c)(2) if you are complying with option 
2(d) in Table 1 to this subpart.
    (3) If your gasoline storage tank is equipped with a closed vent 
system and control device, you must conduct a performance test and 
determine a monitored operating parameter value in accordance with the 
requirements in paragraphs (a) through (d) of this section, except that 
the applicable level of control specified in paragraph (a)(2) of this 
section shall be a 95-percent reduction in inlet total organic 
compounds (TOC) levels rather than 80 mg/l of gasoline loaded.
    (f) The annual certification test for gasoline cargo tanks shall 
consist of the test methods specified in paragraphs (f)(1) or (f)(2) of 
this section.
    (1) EPA Method 27, Appendix A-8, 40 CFR part 60. Conduct the test 
using a time period (t) for the pressure and vacuum tests of 5 minutes. 
The initial pressure (Pi) for the pressure test shall be 460 
millimeters (mm) of water (18 inches of water), gauge. The initial 
vacuum (Vi) for the vacuum test shall be 150 mm of water (6 
inches of water), gauge. The maximum allowable pressure and vacuum 
changes ([Delta] p, [Delta] v) for all affected gasoline cargo tanks is 
3 inches of water, or less, in 5 minutes.
    (2) Railcar bubble leak test procedures. As an alternative to the 
annual certification test required under paragraph (1) of this section 
for certification leakage testing of gasoline cargo tanks, the owner or 
operator may comply with paragraphs (f)(2)(i) and (ii) of this section 
for railcar cargo tanks, provided the railcar cargo tank meets the 
requirement in paragraph (f)(2)(iii) of this section.
    (i) Comply with the requirements of 49 CFR 173.31(d), 49 CFR 179.7, 
49 CFR 180.509, and 49 CFR 180.511 for the periodic testing of railcar 
cargo tanks.
    (ii) The leakage pressure test procedure required under 49 CFR 
180.509(j) and used to show no indication of leakage under 49 CFR 
180.511(f) shall be ASTM E 515-95, BS EN 1593:1999, or another bubble 
leak test procedure meeting the requirements in 49 CFR 179.7, 49 CFR 
180.505, and 49 CFR 180.509.
    (iii) The alternative requirements in this paragraph (f)(2) may not 
be used for any railcar cargo tank that collects gasoline vapors from a 
vapor balance system and the system complies with a Federal, State, 
local, or tribal rule or permit. A vapor balance system is a piping and 
collection system designed to collect gasoline vapors displaced from a 
storage vessel, barge, or other container being loaded, and routes the 
displaced gasoline vapors into the railcar cargo tank from which liquid 
gasoline is being unloaded.

Notifications, Records, and Reports


Sec.  63.11093  What notifications must I submit and when?

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


Sec.  63.11094  What are my recordkeeping requirements?

    (a) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station whose storage vessels are subject to the provisions of 
this subpart shall keep records as specified in Sec.  60.115b of this 
chapter if you are complying with options 2(a), 2(b), or 2(c) in Table 
1 to this subpart, except records shall be kept for at least 5 years. 
If you are complying with the requirements of option 2(d) in Table 1 to 
this subpart, you shall keep records as specified in Sec.  63.1065.
    (b) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall keep records of the test results 
for each gasoline cargo tank loading at the facility as specified in 
paragraphs (b)(1) through (3) of this section.
    (1) Annual certification testing performed under Sec.  
63.11092(f)(1) and periodic railcar bubble leak testing performed under 
Sec.  63.11092(f)(2).
    (2) The documentation file shall be kept up-to-date for each 
gasoline cargo tank loading at the facility. The documentation for each 
test shall include, as a minimum, the following information:
    (i) Name of test: Annual Certification Test--Method 27 or Periodic 
Railcar Bubble Leak Test Procedure.
    (ii) Cargo tank owner's name and address.
    (iii) Cargo tank identification number.
    (iv) Test location and date.
    (v) Tester name and signature.
    (vi) Witnessing inspector, if any: Name, signature, and 
affiliation.
    (vii) Vapor tightness repair: Nature of repair work and when 
performed in relation to vapor tightness testing.
    (viii) Test results: Test pressure; pressure or vacuum change, mm 
of water; time period of test; number of leaks found with instrument; 
and leak definition.
    (3) If you are complying with the alternative requirements in Sec.  
63.11088(b), you must keep records documenting that you have verified 
the vapor tightness testing according to the requirements of the 
Administrator.
    (c) As an alternative to keeping records at the terminal of each 
gasoline cargo tank test result as required in paragraph (b) of this 
section, an owner or operator may comply with the requirements in 
either paragraph (c)(1) or paragraph (c)(2) of this section.
    (1) An electronic copy of each record is instantly available at the 
terminal.
    (i) The copy of each record in paragraph (c)(1) of this section is 
an exact duplicate image of the original paper record with certifying 
signatures.
    (ii) The Administrator is notified in writing that each terminal 
using this alternative is in compliance with paragraph (c)(1) of this 
section.
    (2) For facilities that use a terminal automation system to prevent 
gasoline cargo tanks that do not have valid cargo tank vapor tightness 
documentation from loading (e.g., via a card lock-out system), a copy 
of the documentation is made available (e.g., via facsimile) for

[[Page 1939]]

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


Sec.  63.11095  What are my reporting requirements?

    (a) Each owner or operator of a bulk terminal or a pipeline 
breakout station subject to the control requirements of this subpart 
shall include in a semiannual compliance report to the Administrator 
the following information, as applicable:
    (1) For storage vessels, if you are complying with options 2(a), 
2(b), or 2(c) in Table 1 to this subpart, the information specified in 
Sec.  60.115b(a), Sec.  60.115b(b), or Sec.  60.115b(c) of this 
chapter, depending upon the control equipment installed, or, if you are 
complying with option 2(d) in Table 1 to this subpart, the information 
specified in Sec.  63.1066.
    (2) For loading racks, each loading of a gasoline cargo tank for 
which vapor tightness documentation had not been previously obtained by 
the facility.
    (3) For equipment leak inspections, the number of equipment leaks 
not repaired within 15 days after detection.
    (b) Each owner or operator of an affected source subject to the 
control requirements of this subpart shall submit an excess emissions 
report to the Administrator at the time the semiannual compliance 
report is submitted. Excess emissions events under this subpart, and 
the information to be included in the excess emissions report, are 
specified in paragraphs (b)(1) through (5) of this section.
    (1) Each instance of a non-vapor-tight gasoline cargo tank loading 
at the facility in which the owner or operator failed to take steps to 
assure that such cargo tank would not be reloaded at the facility 
before vapor tightness documentation for that cargo tank was obtained.
    (2) Each reloading of a non-vapor-tight gasoline cargo tank at the 
facility before vapor tightness documentation for that cargo tank is 
obtained by the facility in accordance with Sec.  63.11094(b).
    (3) Each exceedance or failure to maintain, as appropriate, the 
monitored operating parameter value determined under Sec.  63.11092(b). 
The report shall include the monitoring data for the days on which 
exceedances or failures to maintain have occurred, and a description 
and timing of the steps taken to repair or perform maintenance on the 
vapor collection and processing systems or the CMS.
    (4) Each instance in which malfunctions discovered during the 
monitoring and inspections required under Sec.  63.11092(b)(1)(i)(B)(2) 
and (b)(1)(iii)(B)(2) were not resolved according to the necessary 
corrective actions described in the monitoring and inspection plan. The 
report shall include a description of the malfunction and the timing of 
the steps taken to correct the malfunction.
    (5) For each occurrence of an equipment leak for which no repair 
attempt was made within 5 days or for which repair was not completed 
within 15 days after detection:
    (i) The date on which the leak was detected;
    (ii) The date of each attempt to repair the leak;
    (iii) The reasons for the delay of repair; and
    (iv) The date of successful repair.
    (c) Each owner or operator of a bulk gasoline plant or a pipeline 
pumping station shall submit a semiannual excess emissions report, 
including the information specified in paragraphs (a)(3) and (b)(4) of 
this section, only for a 6-month period during which an excess emission 
event has occurred. If no excess emission events have occurred during 
the previous 6-month period, no report is required.

Other Requirements and Information


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

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

[[Page 1940]]

Sec.  63.11099  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities specified in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.11086 through 63.11088 and Sec.  63.11092. Any owner or operator 
requesting to use an alternative means of emission limitation for 
storage vessels in Table 1 to this subpart must follow either the 
provisions in Sec.  60.114b of this chapter if you are complying with 
options 2(a), 2(b), or 2(c) in Table 1 to this subpart, or the 
provisions in Sec.  63.1064 if you are complying with option 2(d) in 
Table 1 to this subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.


Sec.  63.11100  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Clean Air Act (CAA), in subparts A, K, 
Ka, Kb, and XX of part 60 of this chapter, or in subparts A, R, and WW 
of this part. All terms defined in both subpart A of part 60 of this 
chapter and subparts A, R, and WW of this part shall have the meaning 
given in subparts A, R, and WW of this part. For purposes of this 
subpart, definitions in this section supersede definitions in other 
parts or subparts.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this subpart).
    Bulk gasoline plant means any gasoline storage and distribution 
facility that receives gasoline by pipeline, ship or barge, or cargo 
tank and has a gasoline throughput of less than 20,000 gallons per day. 
Gasoline throughput shall be the maximum calculated design throughput 
as may be limited by compliance with an enforceable condition under 
Federal, State, or local law and discoverable by the Administrator and 
any other person.
    Bulk gasoline terminal means any gasoline storage and distribution 
facility that receives gasoline by pipeline, ship or barge, or cargo 
tank and has a gasoline throughput of 20,000 gallons per day or 
greater. Gasoline throughput shall be the maximum calculated design 
throughput as may be limited by compliance with an enforceable 
condition under Federal, State, or local law and discoverable by the 
Administrator and any other person.
    Equipment means each valve, pump, pressure relief device, sampling 
connection system, open-ended valve or line, and flange or other 
connector in the gasoline liquid transfer and vapor collection systems. 
This definition also includes the entire vapor processing system except 
the exhaust port(s) or stack(s).
    Flare means a thermal oxidation system using an open (without 
enclosure) flame.
    Gasoline cargo tank means a delivery tank truck or railcar which is 
loading gasoline or which has loaded gasoline on the immediately 
previous load.
    In gasoline service means that a piece of equipment is used in a 
system that transfers gasoline or gasoline vapors.
    Monthly means once per calendar month at regular intervals of no 
less than 28 days and no more than 35 days.
    Operating parameter value means a value for an operating or 
emission parameter of the vapor processing system (e.g., temperature) 
which, if maintained continuously by itself or in combination with one 
or more other operating parameter values, determines that an owner or 
operator has complied with the applicable emission standard. The 
operating parameter value is determined using the procedures specified 
in Sec.  63.11092(b).
    Pipeline breakout station means a facility along a pipeline 
containing storage vessels used to relieve surges or receive and store 
gasoline from the pipeline for re-injection and continued 
transportation by pipeline or to other facilities.
    Pipeline pumping station means a facility along a pipeline 
containing pumps to maintain the desired pressure and flow of product 
through the pipeline and not containing storage vessels.
    Submerged filling means, for the purposes of this subpart, the 
filling of a gasoline cargo tank or a stationary storage tank through a 
submerged fill pipe whose discharge is no more than the applicable 
distance specified in Sec.  63.11086(a) from the bottom of the tank. 
Bottom filling of gasoline cargo tanks or storage tanks is included in 
this definition.
    Vapor collection-equipped gasoline cargo tank means a gasoline 
cargo tank that is outfitted with the equipment necessary to transfer 
vapors, displaced during the loading of gasoline into the cargo tank, 
to a vapor processor system.
    Vapor-tight gasoline cargo tank means the same as the definition of 
the term ``vapor-tight gasoline tank truck'' in Sec.  60.501, except 
that for this subpart the term ``gasoline tank truck'' means ``gasoline 
cargo tank,'' as defined in this section.

 Table 1 to Subpart BBBBBB of Part 63.--Applicability Criteria, Emission
           Limits, and Management Practices for Storage Tanks
------------------------------------------------------------------------
       If you own or operate                    Then you must
------------------------------------------------------------------------
1. A gasoline storage tank with a   Equip each gasoline storage tank
 capacity of less than 75 cubic      with a fixed roof that is mounted
 meters (m\3\).                      to the storage tank in a stationary
                                     manner, and maintain all openings
                                     in a closed position at all times
                                     when not in use.
2. A gasoline storage tank with a   (a) Reduce emissions of total
 capacity of greater than or equal   organic HAP or TOC by 95 weight-
 to 75 m\3\.                         percent with a closed vent system
                                     and control device as specified in
                                     Sec.   60.112b(a)(3) of this
                                     chapter; or

[[Page 1941]]


                                    (b) Equip each internal floating
                                     roof gasoline storage tank
                                     according to the requirements in
                                     Sec.   60.112b(a)(1) of this
                                     chapter, except for the secondary
                                     seal requirements under Sec.
                                     60.112b(a)(1)(ii)(B) and the
                                     requirements in Sec.
                                     60.112b(a)(1)(iv) through (ix) of
                                     this chapter; and
                                    (c) Equip each external floating
                                     roof gasoline storage tank
                                     according to the requirements in
                                     Sec.   60.112b(a)(2) of this
                                     chapter, except that the
                                     requirements of Sec.
                                     60.112b(a)(2)(ii) of this chapter
                                     shall only be required if such
                                     storage tank does not currently
                                     meet the requirements of Sec.
                                     60.112b(a)(2)(i) of this chapter;
                                     or
                                    (d) Equip and operate each internal
                                     and external floating roof gasoline
                                     storage tank according to the
                                     applicable requirements in Sec.
                                     63.1063(a)(1) and (b), and equip
                                     each external floating roof
                                     gasoline storage tank according to
                                     the requirements of Sec.
                                     63.1063(a)(2) if such storage tank
                                     does not currently meet the
                                     requirements of Sec.
                                     63.1063(a)(1).
------------------------------------------------------------------------


 Table 2 to Subpart BBBBBB of Part 63.--Applicability Criteria, Emission
           Limits, and Management Practices for Loading Racks
------------------------------------------------------------------------
       If you own or operate                    Then you must
------------------------------------------------------------------------
1. A gasoline loading rack(s) at a  (a) Equip your loading rack(s) with
 bulk gasoline terminal with a       a vapor collection system designed
 gasoline throughput of 250,000      to collect the TOC vapors displaced
 gallons per day, or greater.        from cargo tanks during product
                                     loading; and
                                    (b) Reduce emissions of TOC to less
                                     than or equal to 80 mg/l of
                                     gasoline loaded into gasoline cargo
                                     tanks at the loading rack; and
                                    (c) Design and operate the vapor
                                     collection system to prevent any
                                     TOC vapors collected at one loading
                                     rack from passing to another
                                     loading rack; and
                                    (d) Limit the loading of gasoline
                                     into gasoline cargo tanks that are
                                     vapor tight using the procedures
                                     specified in Sec.   60.502(e)
                                     through (j) of this chapter. For
                                     the purposes of this section, the
                                     term ``tank truck'' as used in Sec.
                                       60.502(e) through (j) of this
                                     chapter means ``cargo tank'' as
                                     defined in Sec.   63.11100.
2. A gasoline loading rack(s) at a  (a) Use submerged filling with a
 bulk gasoline terminal with a       submerged fill pipe that is no more
 gasoline throughput of less than    than 6 inches from the bottom of
 250,000 gallons per day.            the cargo tank.
                                    (b) Make records available within 24
                                     hours of a request by the
                                     Administrator to document your
                                     gasoline throughput.
------------------------------------------------------------------------


                   Table 3 to Subpart BBBBBB of Part 63.--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description               BBBBBB
----------------------------------------------------------------------------------------------------------------
Sec.   63.1........................  Applicability.........  Initial applicability        Yes, specific
                                                              determination;               requirements given in
                                                              applicability after          Sec.   63.11081.
                                                              standard established;
                                                              permit requirements;
                                                              extensions, notifications.
Sec.   63.1(c)(2)..................  Title V permit........  Requirements for obtaining   Yes, Sec.
                                                              a title V permit from the    63.11081(b) of
                                                              applicable permitting        subpart BBBBBB
                                                              authority.                   exempts identified
                                                                                           area sources from the
                                                                                           obligation to obtain
                                                                                           title V operating
                                                                                           permits.
Sec.   63.2........................  Definitions...........  Definitions for part 63      Yes, additional
                                                              standards.                   definitions in Sec.
                                                                                           63.11100.
Sec.   63.3........................  Units and               Units and abbreviations for  Yes.
                                      Abbreviations.          part 63 standards.
Sec.   63.4........................  Prohibited Activities   Prohibited activities;       Yes.
                                      and Circumvention.      circumvention,
                                                              severability.
Sec.   63.5........................  Construction/           Applicability;               Yes.
                                      Reconstruction.         applications; approvals.
Sec.   63.6(a).....................  Compliance with         General Provisions apply     Yes.
                                      Standards/Operation &   unless compliance
                                      Maintenance             extension; General
                                      Applicability.          Provisions apply to area
                                                              sources that become major.
Sec.   63.6(b)(1)-(4)..............  Compliance Dates for    Standards apply at           Yes.
                                      New and Reconstructed   effective date; 3 years
                                      Sources.                after effective date; upon
                                                              startup; 10 years after
                                                              construction or
                                                              reconstruction commences
                                                              for CAA section 112(f).
Sec.   63.6(b)(5)..................  Notification..........  Must notify if commenced     Yes.
                                                              construction or
                                                              reconstruction after
                                                              proposal.
Sec.   63.6(b)(6)..................  [Reserved]............
Sec.   63.6(b)(7)..................  Compliance Dates for    Area sources that become     No.
                                      New and Reconstructed   major must comply with
                                      Area Sources that       major source standards
                                      Become Major.           immediately upon becoming
                                                              major, regardless of
                                                              whether required to comply
                                                              when they were an area
                                                              source.

[[Page 1942]]


Sec.   63.6(c)(1)-(2)..............  Compliance Dates for    Comply according to date in  No, Sec.   63.11083
                                      Existing Sources.       this subpart, which must     specifies the
                                                              be no later than 3 years     compliance dates.
                                                              after effective date; for
                                                              CAA section 112(f)
                                                              standards, comply within
                                                              90 days of effective date
                                                              unless compliance
                                                              extension.
Sec.   63.6(c)(3)-(4)..............  [Reserved]............
Sec.   63.6(c)(5)..................  Compliance Dates for    Area sources that become     No.
                                      Existing Area Sources   major must comply with
                                      that Become Major.      major source standards by
                                                              date indicated in this
                                                              subpart or by equivalent
                                                              time period (e.g., 3
                                                              years).
Sec.   63.6(d).....................  [Reserved]............
Sec.   63.6(e)(1)..................  Operation &             Operate to minimize          Yes.
                                      Maintenance.            emissions at all times;
                                                              correct malfunctions as
                                                              soon as practicable; and
                                                              operation and maintenance
                                                              requirements independently
                                                              enforceable; information
                                                              Administrator will use to
                                                              determine if operation and
                                                              maintenance requirements
                                                              were met.
Sec.   63.6(e)(2)..................  [Reserved]............
Sec.   63.6(e)(3)..................  Startup, Shutdown, and  Requirement for SSM plan;    No.
                                      Malfunction (SSM)       content of SSM plan;
                                      plan.                   actions during SSM.
Sec.   63.6(f)(1)..................  Compliance Except       You must comply with         No.
                                      During SSM.             emission standards at all
                                                              times except during SSM.
Sec.   63.6(f)(2)-(3)..............  Methods for             Compliance based on          Yes.
                                      Determining             performance test,
                                      Compliance.             operation and maintenance
                                                              plans, records, inspection.
Sec.   63.6(g)(1)-(3)..............  Alternative Standard..  Procedures for getting an    Yes.
                                                              alternative standard.
Sec.   63.6(h)(1)..................  Compliance with         You must comply with         No.
                                      Opacity/VE Standards.   opacity/VE standards at
                                                              all times except during
                                                              SSM.
Sec.   63.6(h)(2)(i)...............  Determining Compliance  If standard does not State   No.
                                      with Opacity/VE         test method, use EPA
                                      Standards.              Method 9 for opacity in
                                                              appendix A of part 60 of
                                                              this chapter and EPA
                                                              Method 22 for VE in
                                                              appendix A of part 60 of
                                                              this chapter.
Sec.   63.6(h)(2)(ii)..............  [Reserved]............
Sec.   63.6(h)(2)(iii).............  Using Previous Tests    Criteria for when previous   No.
                                      to Demonstrate          opacity/VE testing can be
                                      Compliance with         used to show compliance
                                      Opacity/VE Standards.   with this subpart.
Sec.   63.6(h)(3)..................  [Reserved]............
Sec.   63.6(h)(4)..................  Notification of         Must notify Administrator    No.
                                      Opacity/VE              of anticipated date of
                                      Observation Date.       observation.
Sec.   63.6(h)(5)(i), (iii)-(v)....  Conducting Opacity/VE   Dates and schedule for       No.
                                      Observations.           conducting opacity/VE
                                                              observations.
Sec.   63.6(h) (5)(ii).............  Opacity Test Duration   Must have at least 3 hours   No.
                                      and Averaging Times.    of observation with 30 6-
                                                              minute averages.
Sec.   63.6(h)(6)..................  Records of Conditions   Must keep records available  No.
                                      During Opacity/VE       and allow Administrator to
                                      Observations.           inspect.
Sec.   63.6(h)(7)(i)...............  Report Continuous       Must submit COMS data with   No.
                                      Opacity Monitoring      other performance test
                                      System (COMS)           data.
                                      Monitoring Data from
                                      Performance Test.
Sec.   63.6(h)(7)(ii)..............  Using COMS Instead of   Can submit COMS data         No.
                                      EPA Method 9.           instead of EPA Method 9
                                                              results even if rule
                                                              requires EPA Method 9 in
                                                              appendix A of part 60 of
                                                              this chapter, but must
                                                              notify Administrator
                                                              before performance test.
Sec.   63.6(h)(7)(iii).............  Averaging Time for      To determine compliance,     No.
                                      COMS During             must reduce COMS data to 6-
                                      Performance Test.       minute averages.
Sec.   63.6(h)(7)(iv)..............  COMS Requirements.....  Owner/operator must          No.
                                                              demonstrate that COMS
                                                              performance evaluations
                                                              are conducted according to
                                                              Sec.   63.8(e); COMS are
                                                              properly maintained and
                                                              operated according to Sec.
                                                                63.8(c) and data quality
                                                              as Sec.   63.8(d).
Sec.   63.6(h)(7)(v)...............  Determining Compliance  COMS is probable but not     No.
                                      with Opacity/VE         conclusive evidence of
                                      Standards.              compliance with opacity
                                                              standard, even if EPA
                                                              Method 9 observation shows
                                                              otherwise. Requirements
                                                              for COMS to be probable
                                                              evidence-proper
                                                              maintenance, meeting
                                                              Performance Specification
                                                              1 in appendix B of part 60
                                                              of this chapter, and data
                                                              have not been altered.
Sec.   63.6(h)(8)..................  Determining Compliance  Administrator will use all   No.
                                      with Opacity/VE         COMS, EPA Method 9 (in
                                      Standards.              appendix A of part 60 of
                                                              this chapter), and EPA
                                                              Method 22 (in appendix A
                                                              of part 60 of this
                                                              chapter) results, as well
                                                              as information about
                                                              operation and maintenance
                                                              to determine compliance.

[[Page 1943]]


Sec.   63.6(h)(9)..................  Adjusted Opacity        Procedures for               No.
                                      Standard.               Administrator to adjust an
                                                              opacity standard.
Sec.   63.6(i)(1)-(14).............  Compliance Extension..  Procedures and criteria for  Yes.
                                                              Administrator to grant
                                                              compliance extension.
Sec.   63.6(j).....................  Presidential            President may exempt any     Yes.
                                      Compliance Exemption.   source from requirement to
                                                              comply with this subpart.
Sec.   63.7(a)(2)..................  Performance Test Dates  Dates for conducting         Yes.
                                                              initial performance
                                                              testing; must conduct 180
                                                              days after compliance date.
Sec.   63.7(a)(3)..................  Section 114 Authority.  Administrator may require a  Yes.
                                                              performance test under CAA
                                                              section 114 at any time.
Sec.   63.7(b)(1)..................  Notification of         Must notify Administrator    Yes.
                                      Performance Test.       60 days before the test.
Sec.   63.7(b)(2)..................  Notification of Re-     If have to reschedule        Yes.
                                      scheduling.             performance test, must
                                                              notify Administrator of
                                                              rescheduled date as soon
                                                              as practicable and without
                                                              delay.
Sec.   63.7(c).....................  Quality Assurance (QA)/ Requirement to submit site-  Yes.
                                      Test Plan.              specific test plan 60 days
                                                              before the test or on date
                                                              Administrator agrees with;
                                                              test plan approval
                                                              procedures; performance
                                                              audit requirements;
                                                              internal and external QA
                                                              procedures for testing.
Sec.   63.7(d).....................  Testing Facilities....  Requirements for testing     Yes.
                                                              facilities.
Sec.   63.7(e)(1)..................  Conditions for          Performance tests must be    Yes.
                                      Conducting              conducted under
                                      Performance Tests.      representative conditions;
                                                              cannot conduct performance
                                                              tests during SSM.
Sec.   63.7(e)(2)..................  Conditions for          Must conduct according to    Yes.
                                      Conducting              this subpart and EPA test
                                      Performance Tests.      methods unless
                                                              Administrator approves
                                                              alternative.
Sec.   63.7(e)(3)..................  Test Run Duration.....  Must have three test runs    Yes.
                                                              of at least 1 hour each;
                                                              compliance is based on
                                                              arithmetic mean of three
                                                              runs; conditions when data
                                                              from an additional test
                                                              run can be used.
Sec.   63.7(f).....................  Alternative Test        Procedures by which          Yes.
                                      Method.                 Administrator can grant
                                                              approval to use an
                                                              intermediate or major
                                                              change, or alternative to
                                                              a test method.
Sec.   63.7(g).....................  Performance Test Data   Must include raw data in     Yes.
                                      Analysis.               performance test report;
                                                              must submit performance
                                                              test data 60 days after
                                                              end of test with the
                                                              notification of compliance
                                                              status; keep data for 5
                                                              years.
Sec.   63.7(h).....................  Waiver of Tests.......  Procedures for               Yes.
                                                              Administrator to waive
                                                              performance test.
Sec.   63.8(a)(1)..................  Applicability of        Subject to all monitoring    Yes.
                                      Monitoring              requirements in standard.
                                      Requirements.
Sec.   63.8(a)(2)..................  Performance             Performance specifications   Yes.
                                      Specifications.         in appendix B of 40 CFR
                                                              part 60 apply.
Sec.   63.8(a)(3)..................  [Reserved]............
Sec.   63.8(a)(4)..................  Monitoring of Flares..  Monitoring requirements for  Yes.
                                                              flares in Sec.   63.11
                                                              apply.
Sec.   63.8(b)(1)..................  Monitoring............  Must conduct monitoring      Yes.
                                                              according to standard
                                                              unless Administrator
                                                              approves alternative.
Sec.   63.8(b)(2)-(3)..............  Multiple Effluents and  Specific requirements for    Yes.
                                      Multiple Monitoring     installing monitoring
                                      Systems.                systems; must install on
                                                              each affected source or
                                                              after combined with
                                                              another affected source
                                                              before it is released to
                                                              the atmosphere provided
                                                              the monitoring is
                                                              sufficient to demonstrate
                                                              compliance with the
                                                              standard; if more than one
                                                              monitoring system on an
                                                              emission point, must
                                                              report all monitoring
                                                              system results, unless one
                                                              monitoring system is a
                                                              backup.
Sec.   63.8(c)(1)..................  Monitoring System       Maintain monitoring system   Yes.
                                      Operation and           in a manner consistent
                                      Maintenance.            with good air pollution
                                                              control practices.
Sec.   63.8(c)(1)(i)-(iii).........  Routine and             Follow the SSM plan for      Yes.
                                      Predictable SSM.        routine repairs; keep
                                                              parts for routine repairs
                                                              readily available;
                                                              reporting requirements for
                                                              SSM when action is
                                                              described in SSM plan.
Sec.   63.8(c) (2)-(8).............  CMS Requirements......  Must install to get          Yes.
                                                              representative emission or
                                                              parameter measurements;
                                                              must verify operational
                                                              status before or at
                                                              performance test.
Sec.   63.8(d).....................  CMS Quality Control...  Requirements for CMS         No.
                                                              quality control, including
                                                              calibration, etc.; must
                                                              keep quality control plan
                                                              on record for 5 years;
                                                              keep old versions for 5
                                                              years after revisions.
Sec.   63.8(e).....................  CMS Performance         Notification, performance    Yes.
                                      Evaluation.             evaluation test plan,
                                                              reports.

[[Page 1944]]


Sec.   63.8(f) (1)-(5).............  Alternative Monitoring  Procedures for               Yes.
                                      Method.                 Administrator to approve
                                                              alternative monitoring.
Sec.   63.8(f)(6)..................  Alternative to          Procedures for               Yes.
                                      Relative Accuracy       Administrator to approve
                                      Test.                   alternative relative
                                                              accuracy tests for CEMS.
Sec.   63.8(g).....................  Data Reduction........  COMS 6-minute averages       Yes.
                                                              calculated over at least
                                                              36 evenly spaced data
                                                              points; CEMS 1 hour
                                                              averages computed over at
                                                              least 4 equally spaced
                                                              data points; data that
                                                              cannot be used in average.
Sec.   63.9(a).....................  Notification            Applicability and State      Yes.
                                      Requirements.           delegation.
Sec.   63.9(b) (1)-(2), (4)-(5)....  Initial Notifications.  Submit notification within   Yes.
                                                              120 days after effective
                                                              date; notification of
                                                              intent to construct/
                                                              reconstruct, notification
                                                              of commencement of
                                                              construction/
                                                              reconstruction,
                                                              notification of startup;
                                                              contents of each.
Sec.   63.9(c).....................  Request for Compliance  Can request if cannot        Yes.
                                      Extension.              comply by date or if
                                                              installed best available
                                                              control technology or
                                                              lowest achievable emission
                                                              rate.
Sec.   63.9(d).....................  Notification of         For sources that commence    Yes.
                                      Special Compliance      construction between
                                      Requirements for New    proposal and promulgation
                                      Sources.                and want to comply 3 years
                                                              after effective date.
Sec.   63.9(e).....................  Notification of         Notify Administrator 60      Yes.
                                      Performance Test.       days prior.
Sec.   63.9(f).....................  Notification of VE/     Notify Administrator 30      No.
                                      Opacity Test.           days prior.
Sec.   63.9(g).....................  Additional              Notification of performance  Yes, however, there
                                      Notifications When      evaluation; notification     are no opacity
                                      Using CMS.              about use of COMS data;      standards.
                                                              notification that exceeded
                                                              criterion for relative
                                                              accuracy alternative.
Sec.   63.9(h) (1)-(6).............  Notification of         Contents due 60 days after   Yes, however, there
                                      Compliance Status.      end of performance test or   are no opacity
                                                              other compliance             standards.
                                                              demonstration, except for
                                                              opacity/VE, which are due
                                                              30 days after; when to
                                                              submit to Federal vs.
                                                              State authority.
Sec.   63.9(i).....................  Adjustment of           Procedures for               Yes.
                                      Submittal Deadlines.    Administrator to approve
                                                              change when notifications
                                                              must be submitted.
Sec.   63.9(j).....................  Change in Previous      Must submit within 15 days   Yes.
                                      Information.            after the change.
Sec.   63.10(a)....................  Record-keeping/         Applies to all, unless       Yes.
                                      Reporting.              compliance extension; when
                                                              to submit to Federal vs.
                                                              State authority;
                                                              procedures for owners of
                                                              more than one source.
Sec.   63.10(b)(1).................  Record-keeping/         General requirements; keep   Yes.
                                      Reporting.              all records readily
                                                              available; keep for 5
                                                              years.
Sec.   63.10(b)(2)(i)-(iv).........  Records Related to SSM  Occurrence of each for       Yes.
                                                              operations (process
                                                              equipment); occurrence of
                                                              each malfunction of air
                                                              pollution control
                                                              equipment; maintenance on
                                                              air pollution control
                                                              equipment; actions during
                                                              SSM.
Sec.   63.10(b)(2)(vi)-(xi)........  CMS Records...........  Malfunctions, inoperative,   Yes.
                                                              out-of-control periods.
Sec.   63.10(b)(2)(xii)............  Records...............  Records when under waiver..  Yes.
Sec.   63.10(b)(2)(xiii)...........  Records...............  Records when using           Yes.
                                                              alternative to relative
                                                              accuracy test.
Sec.   63.10(b)(2)(xiv)............  Records...............  All documentation            Yes.
                                                              supporting initial
                                                              notification and
                                                              notification of compliance
                                                              status.
Sec.   63.10(b)(3).................  Records...............  Applicability                Yes.
                                                              determinations.
Sec.   63.10(c)....................  Records...............  Additional records for CMS.  No.
Sec.   63.10(d)(1).................  General Reporting       Requirement to report......  Yes.
                                      Requirements.
Sec.   63.10(d)(2).................  Report of Performance   When to submit to Federal    Yes.
                                      Test Results.           or State authority.
Sec.   63.10(d)(3).................  Reporting Opacity or    What to report and when....  No.
                                      VE Observations.
Sec.   63.10(d)(4).................  Progress Reports......  Must submit progress         Yes.
                                                              reports on schedule if
                                                              under compliance extension.
Sec.   63.10(d)(5).................  SSM Reports...........  Contents and submission....  Yes.
Sec.   63.10(e)(1)-(2).............  Additional CMS Reports  Must report results for      No.
                                                              each CEMS on a unit;
                                                              written copy of CMS
                                                              performance evaluation; 2-
                                                              3 copies of COMS
                                                              performance evaluation.
Sec.   63.10(e)(3)(i)-(iii)........  Reports...............  Schedule for reporting       Yes, note that Sec.
                                                              excess emissions.            63.11095 specifies
                                                                                           excess emission
                                                                                           events for this
                                                                                           subpart.

[[Page 1945]]


Sec.   63.10(e)(3)(iv)-(v).........  Excess Emissions        Requirement to revert to     Yes, Sec.   63.11095
                                      Reports.                quarterly submission if      specifies excess
                                                              there is an excess           emission events for
                                                              emissions and parameter      this subpart.
                                                              monitor exceedances (now
                                                              defined as deviations);
                                                              provision to request
                                                              semiannual reporting after
                                                              compliance for 1 year;
                                                              submit report by 30th day
                                                              following end of quarter
                                                              or calendar half; if there
                                                              has not been an exceedance
                                                              or excess emissions (now
                                                              defined as deviations),
                                                              report contents in a
                                                              statement that there have
                                                              been no deviations; must
                                                              submit report containing
                                                              all of the information in
                                                              Sec.  Sec.   63.8(c)(7)-
                                                              (8) and 63.10(c)(5)-(13).
Sec.   63.10(e)(3)(vi)-(viii)......  Excess Emissions        Requirements for reporting   Yes.
                                      Report and Summary      excess emissions for CMS;
                                      Report.                 requires all of the
                                                              information in Sec.  Sec.
                                                               63.8(c)(7)-(8) and
                                                              63.10(c)(5)-(13).
Sec.   63.10(e)(4).................  Reporting COMS Data...  Must submit COMS data with   Yes.
                                                              performance test data.
Sec.   63.10(f)....................  Waiver for              Procedures for               Yes.
                                      Recordkeeping/          Administrator to waive.
                                      Reporting.
Sec.   63.11(b)....................  Flares................  Requirements for flares....  Yes, the section
                                                                                           references Sec.
                                                                                           63.11(b).
Sec.   63.12.......................  Delegation............  State authority to enforce   Yes.
                                                              standards.
Sec.   63.13.......................  Addresses.............  Addresses where reports,     Yes.
                                                              notifications, and
                                                              requests are sent.
Sec.   63.14.......................  Incorporations by       Test methods incorporated    Yes.
                                      Reference.              by reference.
Sec.   63.15.......................  Availability of         Public and confidential      Yes.
                                      Information.            information.
----------------------------------------------------------------------------------------------------------------


0
4. Part 63 is amended by adding a new subpart CCCCCC to read as 
follows:

Subpart CCCCCC--National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Dispensing Facilities

Sec.

What This Subpart Covers

63.11110 What is the purpose of this subpart?
63.11111 Am I subject to the requirements in this subpart?
63.11112 What parts of my affected source does this subpart cover?
63.11113 When do I have to comply with this subpart?

Emission Limitations and Management Practices

63.11116 Requirements for facilities with monthly throughput of less 
than 10,000 gallons of gasoline.
63.11117 Requirements for facilities with monthly throughput of 
10,000 gallons of gasoline or more.
63.11118 Requirements for facilities with monthly throughput of 
100,000 gallons of gasoline or more.

Testing and Monitoring Requirements

63.11120 What testing and monitoring requirements must I meet?

Notification, Records, and Reports

63.11124 What notifications must I submit and when?
63.11125 What are my recordkeeping requirements?
63.11126 What are my reporting requirements?

Other Requirements and Information

63.11130 What parts of the General Provisions apply to me?
63.11131 Who implements and enforces this subpart?
63.11132 What definitions apply to this subpart?

Tables to Subpart CCCCCC of Part 63

Table 1 to Subpart CCCCCC of Part 63--Applicability Criteria and 
Management Practices for Gasoline Dispensing Facilities with Monthly 
Throughput of 100,000 Gallons of Gasoline or More
Table 2 to Subpart CCCCCC of Part 63--Applicability Criteria and 
Management Practices for Gasoline Cargo Tanks Unloading at Gasoline 
Dispensing Facilities with Monthly Throughput of 100,000 Gallons of 
Gasoline or More
Table 3 to Subpart CCCCCC of Part 63--Applicability of General 
Provisions

Subpart CCCCCC--National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Dispensing Facilities

What This Subpart Covers


Sec.  63.11110  What is the purpose of this subpart?

    This subpart establishes national emission limitations and 
management practices for hazardous air pollutants (HAP) emitted from 
the loading of gasoline storage tanks at gasoline dispensing facilities 
(GDF). This subpart also establishes requirements to demonstrate 
compliance with the emission limitations and management practices.


Sec.  63.11111  Am I subject to the requirements in this subpart?

    (a) The affected source to which this subpart applies is each GDF 
that is located at an area source. The affected source includes each 
gasoline cargo tank during the delivery of product to a GDF and also 
includes each storage tank.
    (b) If your GDF has a monthly throughput of less than 10,000 
gallons of gasoline, you must comply with the requirements in Sec.  
63.11116.
    (c) If your GDF has a monthly throughput of 10,000 gallons of 
gasoline or more, you must comply with the requirements in Sec.  
63.11117.
    (d) If your GDF has a monthly throughput of 100,000 gallons of 
gasoline or more, you must comply with the requirements in Sec.  
63.11118.
    (e) An affected source shall, upon request by the Administrator, 
demonstrate that their average monthly throughput is less than the 
10,000-gallon or the 100,000-gallon threshold level, as applicable.
    (f) If you are an owner or operator of affected sources, as defined 
in paragraph (a) of this section, you are not required to obtain a 
permit under 40 CFR part 70 or 40 CFR part 71 as a result of being 
subject to this subpart. However, you must still apply for and obtain a 
permit under 40 CFR part 70 or 40 CFR part 71 if you meet one or more 
of the applicability criteria found in 40 CFR 70.3(a) and (b) or 40 CFR 
71.3(a) and (b).

[[Page 1946]]

    (g) The loading of aviation gasoline storage tanks at airports is 
not subject to this subpart and the aviation gasoline is not included 
in the gasoline throughput specified in paragraphs (b) through (e) of 
this section.


Sec.  63.11112  What parts of my affected source does this subpart 
cover?

    (a) The emission sources to which this subpart applies are gasoline 
storage tanks and associated equipment components in vapor or liquid 
gasoline service at new, reconstructed, or existing GDF that meet the 
criteria specified in Sec.  63.11111. Pressure/Vacuum vents on gasoline 
storage tanks and the equipment necessary to unload product from cargo 
tanks into the storage tanks at GDF are covered emission sources. The 
equipment used for the refueling of motor vehicles is not covered by 
this subpart.
    (b) An affected source is a new affected source if you commenced 
construction on the affected source after November 9, 2006, and you 
meet the applicability criteria in Sec.  63.11111 at the time you 
commenced operation.
    (c) An affected source is reconstructed if you meet the criteria 
for reconstruction as defined in Sec.  63.2.
    (d) An affected source is an existing affected source if it is not 
new or reconstructed.


Sec.  63.11113  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your affected source before January 10, 2008, 
you must comply with the standards in this subpart no later than 
January 10, 2008.
    (2) If you start up your affected source after January 10, 2008, 
you must comply with the standards in this subpart upon startup of your 
affected source.
    (b) If you have an existing affected source, you must comply with 
the standards in this subpart no later than January 10, 2011.
    (c) If you have an existing affected source that becomes subject to 
the control requirements in this subpart because of an increase in the 
average monthly throughput, as specified in Sec.  63.11111(c) or Sec.  
63.11111(d), you must comply with the standards in this subpart no 
later than 3 years after the affected source becomes subject to the 
control requirements in this subpart.

Emission Limitations and Management Practices


Sec.  63.11116  Requirements for facilities with monthly throughput of 
less than 10,000 gallons of gasoline.

    (a) You must not allow gasoline to be handled in a manner that 
would result in vapor releases to the atmosphere for extended periods 
of time. Measures to be taken include, but are not limited to, the 
following:
    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers and all gasoline storage 
tank fill-pipes with a gasketed seal when not in use;
    (4) Minimize gasoline sent to open waste collection systems that 
collect and transport gasoline to reclamation and recycling devices, 
such as oil/water separators.
    (b) You are not required to submit notifications or reports, but 
you must have records available within 24 hours of a request by the 
Administrator to document your gasoline throughput.
    (c) You must comply with the requirements of this subpart by the 
applicable dates specified in Sec.  63.11113.


Sec.  63.11117  Requirements for facilities with monthly throughput of 
10,000 gallons of gasoline or more.

    (a) You must comply with the requirements in section Sec.  
63.11116(a).
    (b) Except as specified in paragraph (c), you must only load 
gasoline into storage tanks at your facility by utilizing submerged 
filling, as defined in Sec.  63.11132, and as specified in paragraph 
(b)(1) or paragraph (b)(2) of this section.
    (1) Submerged fill pipes installed on or before November 9, 2006, 
must be no more than 12 inches from the bottom of the storage tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be 
no more than 6 inches from the bottom of the storage tank.
    (c) Gasoline storage tanks with a capacity of less than 250 gallons 
are not required to comply with the submerged fill requirements in 
paragraph (b) of this section, but must comply only with all of the 
requirements in Sec.  63.11116.
    (d) You must have records available within 24 hours of a request by 
the Administrator to document your gasoline throughput.
    (e) You must submit the applicable notifications as required under 
Sec.  63.11124(b).
    (f) You must comply with the requirements of this subpart by the 
applicable dates contained in Sec.  63.11113.


Sec.  63.11118  Requirements for facilities with monthly throughput of 
100,000 gallons of gasoline or more.

    (a) You must comply with the requirements in Sec. Sec.  63.11116(a) 
and 63.11117(b).
    (b) Except as provided in paragraph (c) of this section, you must 
meet the requirements in either paragraph (b)(1) or paragraph (b)(2) of 
this section.
    (1) Each management practice in Table 1 to this subpart that 
applies to your GDF.
    (2) If, prior to January 10, 2008, you satisfy the requirements in 
both paragraphs (b)(2)(i) and (ii) of this section, you will be deemed 
in compliance with this subsection.
    (i) You operate a vapor balance system at your GDF that meets the 
requirements of either paragraph (b)(2)(i)(A) or paragraph (b)(2)(i)(B) 
of this section.
    (A) Achieves emissions reduction of at least 90 percent.
    (B) Operates using management practices at least as stringent as 
those in Table 1 to this subpart.
    (ii) Your gasoline dispensing facility is in compliance with an 
enforceable State, local, or tribal rule or permit that contains 
requirements of either paragraph (b)(2)(i)(A) or paragraph (b)(2)(i)(B) 
of this section.
    (c) The emission sources listed in paragraphs (c)(1) through (3) of 
this section are not required to comply with the control requirements 
in paragraphs (a) and (b) of this section, but must comply with the 
requirements in Sec.  63.11116.
    (1) Gasoline storage tanks with a capacity of less than 250 gallons 
that are constructed after January 10, 2008.
    (2) Gasoline storage tanks with a capacity of less than 2,000 
gallons that were constructed before January 10, 2008.
    (3) Gasoline storage tanks equipped with floating roofs, or the 
equivalent.
    (d) Cargo tanks unloading at GDF must comply with the management 
practices in Table 2 to this subpart.
    (e) You must comply with the applicable testing requirements 
contained in Sec.  63.11120.
    (f) You must submit the applicable notifications as required under 
Sec.  63.11124.
    (g) You must keep records and submit reports as specified in 
Sec. Sec.  63.11125 and 63.11126.
    (h) You must comply with the requirements of this subpart by the 
applicable dates contained in Sec.  63.11113.

[[Page 1947]]

Testing and Monitoring Requirements


Sec.  63.11120  What testing and monitoring requirements must I meet?

    (a) Each owner or operator, at the time of installation of a vapor 
balance system required under Sec.  63.11118(b)(1), and every 3 years 
thereafter, must comply with the requirements in paragraphs (a)(1) and 
(2) of this section.
    (1) You must demonstrate compliance with the leak rate and cracking 
pressure requirements, specified in item 1(g) of Table 1 to this 
subpart, for pressure-vacuum vent valves installed on your gasoline 
storage tanks using the test methods identified in paragraph (a)(1)(i) 
or paragraph (a)(1)(ii) of this section.
    (i) California Air Resources Board Vapor Recovery Test Procedure 
TP-201.1E,--Leak Rate and Cracking Pressure of Pressure/Vacuum Vent 
Valves, adopted October 8, 2003 (incorporated by reference, see Sec.  
63.14).
    (ii) Use alternative test methods and procedures in accordance with 
the alternative test method requirements in Sec.  63.7(f).
    (2) You must demonstrate compliance with the static pressure 
performance requirement, specified in item 1(h) of Table 1 to this 
subpart, for your vapor balance system by conducting a static pressure 
test on your gasoline storage tanks using the test methods identified 
in paragraph (a)(2)(i) or paragraph (a)(2)(ii) of this section.
    (i) California Air Resources Board Vapor Recovery Test Procedure 
TP-201.3,--Determination of 2-Inch WC Static Pressure Performance of 
Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 
1996, and amended March 17, 1999 (incorporated by reference, see Sec.  
63.14).
    (ii) Use alternative test methods and procedures in accordance with 
the alternative test method requirements in Sec.  63.7(f).
    (b) Each owner or operator choosing, under the provisions of Sec.  
63.6(g), to use a vapor balance system other than that described in 
Table 1 to this subpart must demonstrate to the Administrator or 
delegated authority under paragraph Sec.  63.11131(a) of this subpart, 
the equivalency of their vapor balance system to that described in 
Table 1 to this subpart using the procedures specified in paragraphs 
(b)(1) through (3) of this section.
    (1) You must demonstrate initial compliance by conducting an 
initial performance test on the vapor balance system to demonstrate 
that the vapor balance system achieves 95 percent reduction using the 
California Air Resources Board Vapor Recovery Test Procedure TP-
201.1,--Volumetric Efficiency for Phase I Vapor Recovery Systems, 
adopted April 12, 1996, and amended February 1, 2001, and October 8, 
2003, (incorporated by reference, see Sec.  63.14).
    (2) You must, during the initial performance test required under 
paragraph (b)(1) of this section, determine and document alternative 
acceptable values for the leak rate and cracking pressure requirements 
specified in item 1(g) of Table 1 to this subpart and for the static 
pressure performance requirement in item 1(h) of Table 1 to this 
subpart.
    (3) You must comply with the testing requirements specified in 
paragraph (a) of this section.

Notifications, Records, and Reports


Sec.  63.11124  What notifications must I submit and when?

    (a) Each owner or operator subject to the control requirements in 
Sec.  63.11117 must comply with paragraphs (a)(1) through (4) of this 
section.
    (1) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008, or at the time you become subject to the 
control requirements in Sec.  63.11117, unless you meet the 
requirements in paragraph (a)(3) of this section. The Initial 
Notification must contain the information specified in paragraphs 
(a)(1)(i) through (iii) of this section. The notification must be 
submitted to the applicable EPA Regional Office and delegated State 
authority as specified in Sec.  63.13.
    (i) The name and address of the owner and the operator.
    (ii) The address (i.e., physical location) of the GDF.
    (iii) A statement that the notification is being submitted in 
response to this subpart and identifying the requirements in paragraphs 
(a), (b), and (c)(1) or paragraph (c)(2) of Sec.  63.11117 that apply 
to you.
    (2) You must submit a Notification of Compliance Status to the 
applicable EPA Regional Office and the delegated State authority, as 
specified in Sec.  63.13, by the compliance date specified in Sec.  
63.11113 unless you meet the requirements in paragraph (a)(3) of this 
section. The Notification of Compliance Status must be signed by a 
responsible official who must certify its accuracy and must indicate 
whether the source has complied with the requirements of this subpart. 
If your facility is in compliance with the requirements of this subpart 
at the time the Initial Notification required under paragraph (a)(1) of 
this section is due, the Notification of Compliance Status may be 
submitted in lieu of the Initial Notification provided it contains the 
information required under paragraph (a)(1) of this section.
    (3) If, prior to January 10, 2008, you are operating in compliance 
with an enforceable State, local, or tribal rule or permit that 
requires submerged fill as specified in Sec.  63.11117(b), you are not 
required to submit an Initial Notification or a Notification of 
Compliance Status under paragraph (a)(1) or paragraph (a)(2) of this 
section.
    (b) Each owner or operator subject to the control requirements in 
Sec.  63.11118 must comply with paragraphs (b)(1) through (5) of this 
section.
    (1) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008, or at the time you become subject to the 
control requirements in Sec.  63.11118. The Initial Notification must 
contain the information specified in paragraphs (b)(1)(i) through (iii) 
of this section. The notification must be submitted to the applicable 
EPA Regional Office and the delegated State authority as specified in 
Sec.  63.13.
    (i) The name and address of the owner and the operator.
    (ii) The address (i.e., physical location) of the GDF.
    (iii) A statement that the notification is being submitted in 
response to this subpart and identifying the requirements in paragraphs 
(a) through (d) of Sec.  63.11118 that apply to you.
    (2) You must submit a Notification of Compliance Status to the 
applicable EPA Regional Office and the delegated State authority, as 
specified in Sec.  63.13, by the compliance date specified in Sec.  
63.11113. The Notification of Compliance Status must be signed by a 
responsible official who must certify its accuracy and must indicate 
whether the source has complied with the requirements of this subpart. 
If your facility is in compliance with the requirements of this subpart 
at the time the Initial Notification required under paragraph (b)(1) of 
this section is due, the Notification of Compliance Status may be 
submitted in lieu of the Initial Notification provided it contains the 
information required under paragraph (b)(1) of this section.
    (3) If, prior to January 10, 2008, you satisfy the requirements in 
both paragraphs (b)(3)(i) and (ii) of this section, you are not 
required to submit an Initial Notification or a Notification of 
Compliance Status under paragraph (b)(1) or paragraph (b)(2) of this 
subsection.
    (i) You operate a vapor balance system at your gasoline dispensing 
facility that meets the requirements of

[[Page 1948]]

either paragraphs (b)(3)(i)(A) or (b)(3)(i)(B) of this section.
    (A) Achieves emissions reduction of at least 90 percent.
    (B) Operates using management practices at least as stringent as 
those in Table 1 to this subpart.
    (ii) Your gasoline dispensing facility is in compliance with an 
enforceable State, local, or tribal rule or permit that contains 
requirements of either paragraphs (b)(3)(i)(A) or (b)(3)(i)(B) of this 
section.
    (4) You must submit a Notification of Performance Test, as 
specified in Sec.  63.9(e), prior to initiating testing required by 
Sec.  63.11120(a) and (b).
    (5) You must submit additional notifications specified in Sec.  
63.9, as applicable.


Sec.  63.11125  What are my recordkeeping requirements?

    (a) Each owner or operator subject to the management practices in 
Sec.  63.11118 must keep records of all tests performed under Sec.  
63.11120(a) and (b).
    (b) Records required under paragraph (a) of this section shall be 
kept for a period of 5 years and shall be made available for inspection 
by the Administrator's delegated representatives during the course of a 
site visit.


Sec.  63.11126  What are my reporting requirements?

    Each owner or operator subject to the management practices in Sec.  
63.11118 shall report to the Administrator the results of all 
volumetric efficiency tests required under Sec.  63.11120(b). Reports 
submitted under this paragraph must be submitted within 180 days of the 
completion of the performance testing.

Other Requirements and Information


Sec.  63.11130  What parts of the General Provisions apply to me?

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


Sec.  63.11131  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (3) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.11116 through 63.11118 and 63.11120.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.


Sec.  63.11132  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Clean Air Act (CAA), or in subparts A and 
BBBBBB of this part. For purposes of this subpart, definitions in this 
section supersede definitions in other parts or subparts.
    Dual-point vapor balance system means a type of vapor balance 
system in which the storage tank is equipped with an entry port for a 
gasoline fill pipe and a separate exit port for a vapor connection.
    Gasoline cargo tank means a delivery tank truck or railcar which is 
loading gasoline or which has loaded gasoline on the immediately 
previous load.
    Gasoline dispensing facility (GDF) means any stationary facility 
which dispenses gasoline into the fuel tank of a motor vehicle.
    Monthly throughput means the total volume of gasoline that is 
loaded into all gasoline storage tanks during a month, as calculated on 
a rolling 30-day average.
    Submerged filling means, for the purposes of this subpart, the 
filling of a gasoline storage tank through a submerged fill pipe whose 
discharge is no more than the applicable distance specified in Sec.  
63.11117(b) from the bottom of the tank. Bottom filling of gasoline 
storage tanks is included in this definition.
    Vapor balance system means a combination of pipes and hoses that 
create a closed system between the vapor spaces of an unloading 
gasoline cargo tank and a receiving storage tank such that vapors 
displaced from the storage tank are transferred to the gasoline cargo 
tank being unloaded. [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
    Vapor-tight means equipment that allows no loss of vapors. 
Compliance with vapor-tight requirements can be determined by checking 
to ensure that the concentration at a potential leak source is not 
equal to or greater than 100 percent of the Lower Explosive Limit when 
measured with a combustible gas detector, calibrated with propane, at a 
distance of 1 inch from the source.

    Table 1 to Subpart CCCCCC of Part 63.--Applicability Criteria and
  Management Practices for Gasoline Dispensing Facilities With Monthly
            Throughput of 100,000 Gallons of Gasoline or More
------------------------------------------------------------------------
       If you own or operate                    Then you must
------------------------------------------------------------------------
1. A new, reconstructed, or         Install and operate a vapor balance
 existing GDF subject to Sec.        system on your gasoline storage
 63.11118.                           tanks that meets the design
                                     criteria in paragraphs (a) through
                                     (h).
                                    (a) All vapor connections and lines
                                     on the storage tank shall be
                                     equipped with closures that seal
                                     upon disconnect.
                                    (b) The vapor line from the gasoline
                                     storage tank to the gasoline cargo
                                     tank shall be vapor-tight, as
                                     defined in Sec.   63.11132.
                                    (c) The vapor balance system shall
                                     be designed such that the pressure
                                     in the tank truck does not exceed
                                     18 inches water pressure or 5.9
                                     inches water vacuum during product
                                     transfer.
                                    (d) The vapor recovery and product
                                     adaptors, and the method of
                                     connection with the delivery elbow,
                                     shall be designed so as to prevent
                                     the over-tightening or loosening of
                                     fittings during normal delivery
                                     operations.

[[Page 1949]]


                                    (e) If a gauge well separate from
                                     the fill tube is used, it shall be
                                     provided with a submerged drop tube
                                     that extends the same distance from
                                     the bottom of the storage tank as
                                     specified in Sec.   63.11117(b).
                                    (f) Liquid fill connections for all
                                     systems shall be equipped with
                                     vapor-tight caps.
                                    (g) Pressure/vacuum vent valves
                                     shall be installed on the storage
                                     tank vent pipes. For systems where
                                     vapors from vehicle refueling
                                     operations are not recovered, the
                                     positive cracking pressure shall be
                                     13.8 inches of water and the
                                     negative cracking pressure shall be
                                     6.9 inches of water. For systems
                                     where vapors from vehicle refueling
                                     operations are recovered (Stage II
                                     controls), the positive cracking
                                     pressure shall be 3 inches of water
                                     and the negative cracking pressure
                                     shall be 8 inches of water.
                                     Deviations of within 
                                     0.5 inches of the specified
                                     positive cracking pressures and
                                      2.0 inches of the
                                     negative pressure are acceptable.
                                     The leak rates for pressure/vacuum
                                     valves, including connections,
                                     shall be less that or equal to 0.17
                                     cubic foot per hour at a pressure
                                     of 2.0 inches of water and 0.21
                                     cubic foot per hour at a vacuum of
                                     4 inches of water.
                                    (h) The vapor balance system shall
                                     be capable of meeting the static
                                     pressure performance requirement of
                                     the following equation:

                                    Pf = 2e-500.887/v

                                    Where:

                                    Pf = Minimum allowable final
                                     pressure, inches of water.
                                    v = Total ullage affected by the
                                     test, gallons.
                                    e = Dimensionless constant equal to
                                     approximately 2.718.
                                    2 = The initial pressure, inches
                                     water.
2. For new or reconstructed GDF,    Equip your gasoline storage tanks
 or new storage tank(s) at an        with a dual-point vapor balance
 existing affected facility          system, as defined in Sec.
 subject to Sec.   63.11118.         63.11132, and comply with the
                                     requirements of item 1 in this
                                     Table.
------------------------------------------------------------------------


    Table 2 to Subpart CCCCCC of Part 63.--Applicability Criteria and
   Management Practices for Gasoline Cargo Tanks Unloading at Gasoline
   Dispensing Facilities With Monthly Throughput of 100,000 Gallons of
                            Gasoline or More
------------------------------------------------------------------------
       If you own or operate                    Then you must
------------------------------------------------------------------------
A gasoline cargo tank.............  Not unload gasoline into a storage
                                     tank at a GDF subject to the
                                     control requirements in this
                                     subpart unless the following
                                     conditions are met:
                                    (i) All hoses in the vapor balance
                                     system are properly connected,
                                    (ii) The adapters or couplers that
                                     attach to the vapor line on the
                                     storage tank have closures that
                                     seal upon disconnect,
                                    (iii) All vapor return hoses,
                                     couplers, and adapters used in the
                                     gasoline delivery are vapor-tight,
                                    (iv) All tank truck vapor return
                                     equipment is compatible in size and
                                     forms a vapor-tight connection with
                                     the vapor balance equipment on the
                                     GDF storage tank, and
                                    (v) All hatches on the tank truck
                                     are closed and securely fastened.
                                    (vi) The filling of storage tanks at
                                     GDF shall be limited to unloading
                                     by vapor-tight gasoline cargo
                                     tanks. Documentation that the cargo
                                     tank has met the specifications of
                                     EPA Method 27 shall be carried on
                                     the cargo tank.
------------------------------------------------------------------------


                   Table 3 to Subpart CCCCCC of Part 63.--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description               CCCCCC
----------------------------------------------------------------------------------------------------------------
Sec.   63.1........................  Applicability.........  Initial applicability        Yes, specific
                                                              determination;               requirements given in
                                                              applicability after          Sec.   63.11111.
                                                              standard established;
                                                              permit requirements;
                                                              extensions, notifications.
Sec.   63.1(c)(2)..................  Title V Permit........  Requirements for obtaining   Yes, Sec.
                                                              a title V permit from the    63.11111(f) of
                                                              applicable permitting        subpart CCCCCC
                                                              authority.                   exempts identified
                                                                                           area sources from the
                                                                                           obligation to obtain
                                                                                           title V operating
                                                                                           permits.
Sec.   63.2........................  Definitions...........  Definitions for part 63      Yes, additional
                                                              standards.                   definitions in Sec.
                                                                                           63.11132.
Sec.   63.3........................  Units and               Units and abbreviations for  Yes.
                                      Abbreviations.          part 63 standards.
Sec.   63.4........................  Prohibited Activities   Prohibited activities;       Yes.
                                      and Circumvention.      Circumvention,
                                                              severability.
Sec.   63.5........................  Construction/           Applicability;               Yes.
                                      Reconstruction.         applications; approvals.

[[Page 1950]]


Sec.   63.6(a).....................  Compliance with         General Provisions apply     Yes.
                                      Standards/Operation &   unless compliance
                                      Maintenance--Applicab   extension; General
                                      ility.                  Provisions apply to area
                                                              sources that become major.
Sec.   63.6(b)(1)-(4)..............  Compliance Dates for    Standards apply at           Yes.
                                      New and Reconstructed   effective date; 3 years
                                      Sources.                after effective date; upon
                                                              startup; 10 years after
                                                              construction or
                                                              reconstruction commences
                                                              for CAA section 112(f).
Sec.   63.6(b)(5)..................  Notification..........  Must notify if commenced     Yes.
                                                              construction or
                                                              reconstruction after
                                                              proposal.
Sec.   63.6(b)(6)..................  [Reserved]............
Sec.   63.6(b)(7)..................  Compliance Dates for    Area sources that become     No.
                                      New and Reconstructed   major must comply with
                                      Area Sources That       major source standards
                                      Become Major.           immediately upon becoming
                                                              major, regardless of
                                                              whether required to comply
                                                              when they were an area
                                                              source.
Sec.   63.6(c)(1)-(2)..............  Compliance Dates for    Comply according to date in  No, Sec.   63.11113
                                      Existing Sources.       this subpart, which must     specifies the
                                                              be no later than 3 years     compliance dates.
                                                              after effective date; for
                                                              CAA section 112(f)
                                                              standards, comply within
                                                              90 days of effective date
                                                              unless compliance
                                                              extension.
Sec.   63.6(c)(3)-(4)..............  [Reserved]............
Sec.   63.6(c)(5)..................  Compliance Dates for    Area sources That become     No.
                                      Existing Area Sources   major must comply with
                                      That Become Major.      major source standards by
                                                              date indicated in this
                                                              subpart or by equivalent
                                                              time period (e.g., 3
                                                              years).
Sec.   63.6(d).....................  [Reserved]............
Sec.   63.6(e)(1)..................  Operation &             Operate to minimize          Yes.
                                      Maintenance.            emissions at all times;
                                                              correct malfunctions as
                                                              soon as practicable; and
                                                              operation and maintenance
                                                              requirements independently
                                                              enforceable; information
                                                              Administrator will use to
                                                              determine if operation and
                                                              maintenance requirements
                                                              were met.
Sec.   63.6(e)(2)..................  [Reserved]............
Sec.   63.6(e)(3)..................  Startup, Shutdown, and  Requirement for SSM plan;    No.
                                      Malfunction (SSM)       content of SSM plan;
                                      Plan.                   actions during SSM.
Sec.   63.6(f)(1)..................  Compliance Except       You must comply with         No.
                                      During SSM.             emission standards at all
                                                              times except during SSM.
Sec.   63.6(f)(2)-(3)..............  Methods for             Compliance based on          Yes.
                                      Determining             performance test,
                                      Compliance.             operation and maintenance
                                                              plans, records, inspection.
Sec.   63.6(g)(1)-(3)..............  Alternative Standard..  Procedures for getting an    Yes.
                                                              alternative standard.
Sec.   63.6(h)(1)..................  Compliance with         You must comply with         No.
                                      Opacity/Visible         opacity/VE standards at
                                      Emission (VE)           all times except during
                                      Standards.              SSM.
Sec.   63.6(h)(2)(i)...............  Determining Compliance  If standard does not State   No.
                                      with Opacity/VE         test method, use EPA
                                      Standards.              Method 9 for opacity in
                                                              appendix A of part 60 of
                                                              this chapter and EPA
                                                              Method 22 for VE in
                                                              appendix A of part 60 of
                                                              this chapter.
Sec.   63.6(h)(2)(ii)..............  [Reserved]............
Sec.   63.6(h)(2)(iii).............  Using Previous Tests    Criteria for when previous   No.
                                      To Demonstrate          opacity/VE testing can be
                                      Compliance With         used to show compliance
                                      Opacity/VE Standards.   with this subpart.
Sec.   63.6(h)(3)..................  [Reserved]............
Sec.   63.6(h)(4)..................  Notification of         Must notify Administrator    No.
                                      Opacity/VE              of anticipated date of
                                      Observation Date.       observation.
Sec.   63.6(h)(5)(i), (iii)-(v)....  Conducting Opacity/VE   Dates and schedule for       No.
                                      Observations.           conducting opacity/VE
                                                              observations.
Sec.   63.6(h)(5)(ii)..............  Opacity Test Duration   Must have at least 3 hours   No.
                                      and Averaging Times.    of observation with 30 6-
                                                              minute averages.
Sec.   63.6(h)(6)..................  Records of Conditions   Must keep records available  No.
                                      During Opacity/VE       and allow Administrator to
                                      Observations.           inspect.
Sec.   63.6(h)(7)(i)...............  Report Continuous       Must submit COMS data with   No.
                                      Opacity Monitoring      other performance test
                                      System (COMS)           data.
                                      Monitoring Data From
                                      Performance Test.
Sec.   63.6(h)(7)(ii)..............  Using COMS Instead of   Can submit COMS data         No.
                                      EPA Method 9.           instead of EPA Method 9
                                                              results even if rule
                                                              requires EPA Method 9 in
                                                              appendix A of part 60 of
                                                              this chapter, but must
                                                              notify Administrator
                                                              before performance test.
Sec.   63.6(h)(7)(iii).............  Averaging Time for      To determine compliance,     No.
                                      COMS During             must reduce COMS data to 6-
                                      Performance Test.       minute averages.

[[Page 1951]]


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

[[Page 1952]]


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

[[Page 1953]]


Sec.   63.10(b)(2)(xiv)............  Records...............  All documentation            Yes.
                                                              supporting Initial
                                                              Notification and
                                                              Notification of Compliance
                                                              Status.
Sec.   63.10(b)(3).................  Records...............  Applicability                Yes.
                                                              determinations.
Sec.   63.10(c)....................  Records...............  Additional records for CMS.  No.
Sec.   63.10(d)(1).................  General Reporting       Requirement to report......  Yes.
                                      Requirements.
Sec.   63.10(d)(2).................  Report of Performance   When to submit to Federal    Yes.
                                      Test Results.           or State authority.
Sec.   63.10(d)(3).................  Reporting Opacity or    What to report and when....  No.
                                      VE Observations.
Sec.   63.10(d)(4).................  Progress Reports......  Must submit progress         Yes.
                                                              reports on schedule if
                                                              under compliance extension.
Sec.   63.10(d)(5).................  SSM Reports...........  Contents and submission....  Yes.
Sec.   63.10(e)(1)-(2).............  Additional CMS Reports  Must report results for      No.
                                                              each CEMS on a unit;
                                                              written copy of CMS
                                                              performance evaluation;
                                                              two-three copies of COMS
                                                              performance evaluation.
Sec.   63.10(e)(3)(i)-(iii)........  Reports...............  Schedule for reporting       Yes, note that Sec.
                                                              excess emissions.            63.11130(K) specifies
                                                                                           excess emission
                                                                                           events for this
                                                                                           subpart.
Sec.   63.10(e)(3)(iv)-(v).........  Excess Emissions        Requirement to revert to     No, Sec.   63.11130(K)
                                      Reports.                quarterly submission if      specifies excess
                                                              there is an excess           emission events for
                                                              emissions and parameter      this subpart.
                                                              monitor exceedances (now
                                                              defined as deviations);
                                                              provision to request
                                                              semiannual reporting after
                                                              compliance for 1 year;
                                                              submit report by 30th day
                                                              following end of quarter
                                                              or calendar half; if there
                                                              has not been an exceedance
                                                              or excess emissions (now
                                                              defined as deviations),
                                                              report contents in a
                                                              statement that there have
                                                              been no deviations; must
                                                              submit report containing
                                                              all of the information in
                                                              Sec.  Sec.   63.8(c)(7)-
                                                              (8) and 63.10(c)(5)-(13).
Sec.   63.10(e)(3)(vi)-(viii)......  Excess Emissions        Requirements for reporting   No.
                                      Report and Summary      excess emissions for CMS;
                                      Report.                 requires all of the
                                                              information in Sec.  Sec.
                                                               63.10(c)(5)-(13) and
                                                              63.8(c)(7)-(8).
Sec.   63.10(e)(4).................  Reporting COMS Data...  Must submit COMS data with   No.
                                                              performance test data.
Sec.   63.10(f)....................  Waiver for              Procedures for               Yes.
                                      Recordkeeping/          Administrator to waive.
                                      Reporting.
Sec.   63.11(b)....................  Flares................  Requirements for flares....  No.
Sec.   63.12.......................  Delegation............  State authority to enforce   Yes.
                                                              standards.
Sec.   63.13.......................  Addresses.............  Addresses where reports,     Yes.
                                                              notifications, and
                                                              requests are sent.
Sec.   63.14.......................  Incorporations by       Test methods incorporated    Yes.
                                      Reference.              by reference.
Sec.   63.15.......................  Availability of         Public and confidential      Yes.
                                      Information.            information.
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 [FR Doc. E7-25400 Filed 1-9-08; 8:45 am]

BILLING CODE 6560-50-P
