[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Rules and Regulations]
[Pages 7458-7468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3252]
[[Page 7457]]
_______________________________________________________________________
Part X
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 51, 60, 61, and 63
Clean Air Act: Recordkeeping and Reporting Burden Reduction; Final Rule
Federal Register / Vol. 64, No. 29 / Friday, February 12, 1999 /
Rules and Regulations
[[Page 7458]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 60, 61, and 63
[AD-FRL-6300-4]
Recordkeeping and Reporting Burden Reduction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final amendments.
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SUMMARY: On September 11, 1996, the EPA proposed changes to reduce
unnecessary reporting and recordkeeping burdens due to regulations
implementing the Clean Air Act (the Act). This review was part of a
Government-wide initiative as directed by the President on March 1,
1995. With today's document, the EPA is finalizing the proposed
changes, with minor amendments as discussed below. On the whole, public
comments that were received on the proposed changes were overwhelmingly
supportive of the Agency's efforts.
DATES: Effective Date. April 13, 1999.
Judicial Review. Under Section 307(b)(1) of the Act, judicial
review is available only by filing a petition for review in the U.S.
Court of Appeals for the District of Columbia Circuit within 60 days of
today's publication of this final rule. Under Section 307(b)(2) of the
Act, the requirements that are the subject of today's document may not
be challenged later in civil or criminal proceedings brought by the EPA
to enforce these requirements.
ADDRESSES: Docket. Docket No. A-95-50, containing supporting
information used in developing the final amendments to the standards,
is available for public inspection and copying from 8:00 a.m. to 5:30
p.m., Monday through Friday, at the EPA's Air and Radiation Docket and
Information Center (6102), 401 M Street, SW, Washington, D.C. 20460;
telephone (202) 260-7548. Both the public comment letters and a
detailed summary of the comments and the EPA's responses to them are
included in the docket. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning the
standards or technical aspects, contact Mr. David W. Markwordt,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone (919)
541-0837.
SUPPLEMENTARY INFORMATION:
An electronic version of this rule is available for download from
the EPA Technology Transfer Network (TTN) at ``http://www.epa.gov/ttn/
oarpg/ramain.html''. For assistance in downloading files, call the TTN
Help line at (919) 541-5384.
I. Significant Public Comments and Responses
Fourteen letters on the proposed revisions were received. Of these,
four were from State agencies and ten were from industry commenters. A
detailed discussion of all the comments and the EPA's responses can be
found in the comment summary and response document, which is referenced
in the ADDRESSES section of this preamble. This summary of comments and
responses serves as the basis for the revisions that have been made to
the standards between proposal and promulgation. Most of the comment
letters contained multiple comments.
The comments addressed the General Provisions for 40 CFR parts 60,
61, and 63; NSPS for Steam Generators (40 CFR part 60 subparts D, Da,
Db, and Dc); NSPS for Municipal Waste Combustors (40 CFR 60 subpart
Ea); Emission Reporting Requirements for 40 CFR part 51; NSPS for New
Residential Wood Heaters (40 CFR part 60 subpart AAA); and additional
burden reduction. These comments and the EPA's responses are summarized
below.
A. General Provisions for 40 CFR Parts 60, 61, and 63
The EPA's proposals concerning reducing the record keeping and
reporting burden in the General Provisions were generally supported.
Nine commenters strongly supported the EPA's commitment to reducing
record keeping and reporting burdens. Three commenters also supported
the EPA's proposal to allow electronic data submission, and made
detailed suggestions concerning implementation of electronic reporting.
The EPA's proposal to eliminate the notification of the anticipated
date of initial startup was also supported by four commenters. Five
commenters supported the EPA's proposal to require only a 7-day notice
prior to rescheduling a performance test. However, sources in this
situation should notify their delegated State agency (or EPA Region if
there is no delegated State agency) as soon as possible, when they have
a need to use this provision. There were no negative comments on the
EPA's proposals concerning electronic data submission, eliminating
notification of anticipated initial startup date, and requiring only a
7-day prior notice for rescheduling a performance test.
This document corrects a typographical error in the proposal notice
(61 FR 47852). The EPA's intent was to delete the paragraph requiring
notification of the anticipated date of startup for new affected
facilities. Section 63.9(b)(2)(iv) was erroneously cited. The correct
citation is section 63.9(b)(4)(iv).
1. Quarterly or Semi-Annual Reporting
Three commenters supported the proposed change to semi-annual
excess emissions reporting, arguing that semi-annual reporting would be
sufficient to ensure compliance and would reduce regulatory costs and
burden. One of the commenters contended that State and local
regulations would also need to be revised to semi-annual reporting to
realize the cost savings. However, one commenter supported retaining
the requirement for quarterly reporting, stating that a reduction of
reporting frequency would result in an inability for State and local
agencies to identify and respond to violations in a timely manner, and
delay the resolution of enforcement actions. The commenter requested
that the EPA add language to Sec. 60.7(c), and any other applicable
sections, specifying that semi-annual reporting would not apply when
more frequent reporting is specifically required by a State or local
agency. Two commenters supported retaining the quarterly reporting
requirement only for continuous emissions monitoring (CEMs) and
continuous opacity monitors (COMs), as such a requirement would allow
response to emission problems in a timely manner.
The EPA recognizes that some State and local agencies audit
quarterly. States are not precluded from adopting more stringent
requirements than the Federal regulations and are free to maintain
quarterly reporting requirements for CEMs and COMs data. The semi-
annual reporting requirements comport with those under the part 70 and
part 71 title V operating permit program regulations, which require
monitoring, record keeping, and reporting sufficient to demonstrate
compliance with applicable requirements under the Clean Air Act (Act).
One of the commenters noted that Sec. 63.10(e)(3) already allows
semi-annual reporting, but that the requirement is too restrictive. The
commenter suggested that plants triggering quarterly reporting because
of excess emissions only be subject to a 6-month period of quarterly
reporting. If the 6 months expire with no further exceedances, the
reporting schedule would automatically revert to semi-
[[Page 7459]]
annual reporting. While the commenter is correct that Sec. 63.10(e)(3)
allows semi-annual reporting, paragraph (e)(3)(i)(C) modifies the
requirement in the case where a source experiences excessive emissions.
As explained in the proposal notice (61 FR 47844), the EPA's experience
over the past ten years with a variety of NSPS and NESHAP rulemakings
covering industries of all types suggests that semi-annual reporting
provides sufficiently timely information to both ensure compliance and
enable adequate enforcement of applicable requirements, while imposing
less burden on the affected industry than would quarterly reporting.
Therefore, the EPA will finalize its proposal to remove
Sec. 63.10(e)(3)(i)(C), which results in a reduction of the burden for
those sources who would have otherwise been affected by its
requirements.
2. Reduction in Retention of Sub-Hourly Data for CEMs
In today's amendments, the EPA is finalizing the proposed changes
to allow owners or operators the option to reduce record keeping
requirements of sub-hourly data recorded by CEMs. Six commenters
provided specific comments pertaining to these amendments (IV-D-01, IV-
D-02, IV-D-04, IV-D-08, IV-D-07, IV-D-10).
Two commenters (IV-D-07, IV-D-10) supported the revisions that
allow for the reduced data record keeping from 15-minute to hourly
interval.
Two other commenters (IV-D-02, IV-D-04) stated that the proposal
would eliminate the regulatory authority's ability to determine if the
hourly averages reflect the actual data readings. Additionally, one
commenter (IV-D-02) requested EPA to revise the language concerning
data availability to state that the 15-minute readings could be
discarded except where a State or local agency requires retention of
such data.
Two commenters (IV-D-01, IV-01-08) opposed the EPA's proposal on
the grounds that it adds a record keeping requirement, maintaining that
the current regulations do not require retention of the 15-minute data
averages. One (IV-D-01) further commented that CEMs do not typically
save sub-hourly measurements, and that the revision would conflict with
requirements in 40 CFR part 75. These commenters (IV-D-01, IV-01-08)
were also concerned that the revision would create an additional cost
burden by requiring expansion of data acquisition capabilities.
The EPA has revised the proposed amendments to address compliance
concerns raised by State agencies. In addition, the EPA believes that
it is necessary to point out that these amendments provide an option to
the owners or operator, and the requirement is not mandatory. For
sources with CEMs that decide to comply with the record retention
requirements as amended in today's rulemaking, the owner and operator
maintains the burden of proof for hourly averages that the source
claims is invalid. The owner or operator may not later assert that the
hourly averages were based on invalid data, if the source did not
previously identify the hour as including periods of monitor system
breakdown, repair, calibration checks, and zero and span adjustments.
With respect to the amendments, the EPA no longer requires that a
source achieve 95% data availability in order to discard the sub-hourly
measurements. The EPA decided to eliminate the data availability
requirement based on the fact that the general provisions define a
priority data availability of 100%, unless allowed otherwise within
individual rules. Further, a demonstration of compliance with the 95%
data availability threshold would require additional record keeping,
running counter to the goal of burden reduction.
The agency has restructured the final amendments to distinguish
between automated and manual CEMs. This is because both systems have
different ways (e.g., computerized versus manual) to reduce the data to
the final form of the standard. The requirements provide record keeping
reductions for both automated and manual CEMs, but differ in the record
retention requirements depending on the type of CEMs. The basis for the
difference is to allow an inspector to determine if the sub-hourly data
is being properly reduced in both instances. In cases where the data
reduction is automated, it is expected that data reduction procedures
would not vary; hence, the Agency is only requiring the retention of
sub-hourly measurements from the most recent three averaging periods,
so as to allow a replicable check of the data reduction calculations.
Where data is manually reduced, there is greater potential for
variation between data reduction calculations; hence, it needs to be
possible to confirm the accuracy of the periodic reports.
The agency has added language that requires the hourly averages
include periods of CEMs malfunction or breakdown, for sources wishing
to delete the sub-hourly data. This restriction is necessary to ensure
that data which indicates potential emission violations are not both
excluded from the hourly average and then destroyed due to mis-
classification as a CEMs breakdown or malfunction. Since Sec. 60.13(h)
allows sources to exclude data from the hourly average which was
collected during periods of monitor malfunction, Sec. 60.13(h) has also
been amended to reference the new provision at Sec. 60.7(f) which
allows for disposal of raw data in limited circumstances.
Finally a paragraph has been added to the final amendments to allow
the Administrator or a delegated authority, such as the State or local
agency, the ability to require an owner or operator to maintain all
sub-hourly data, if the Administrator finds the data necessary to more
accurately assess compliance.
As discussed above, two commenters (IV-D-01, IV-01-08) asserted
that the current regulations do not require the retention of 15-minute
data averages. EPA disagrees with this these commenters. In fact,
Sec. 63.10(b)(2)(vii) requires retention of all ``required measurements
needed to achieve compliance with a relevant standard (including, but
not limited to 15-minute averages of CMS data . . . ),'' which is
consistent with the monitoring requirements laid out in Sec. 63.8.
Similarly, Sec. 60.7(f) requires retention of all continuous monitoring
system device measurements, which builds from the requirement in
Sec. 60.13(e)(2) to measure and record data for each successive 15-
minute period.
B. 40 CFR Part 60, Subparts D, Da, Db, and Dc
Several commenters supported the EPA's proposal to reduce reporting
frequency for part 60 subparts D, Da, Db, and Dc boilers from quarterly
to semi-annual. The EPA will implement the proposed changes with this
document. In addition, the EPA has made other minor changes to related
language in these subparts to clarify the semi-annual reporting
requirements.
One commenter further suggested that the EPA accept the semi-annual
reporting requirement for steam generators that are subject to part 75
(the acid rain program). This commenter explained that many units
subject to subpart D are also subject to part 75, and would not benefit
from the proposed revisions unless they were accepted for compliance
with part 75 also. One commenter disagreed, preferring that both part
75 and part 60 retain the quarterly reporting requirement. This
commenter stated that the quarterly data are used to determine
continuous compliance, and the change would not reduce the reporting
burden on sources.
One commenter suggested that the EPA could further reduce the
regulatory
[[Page 7460]]
burden for subpart Dc boilers by eliminating the reporting requirement
in Secs. 60.48c(f)(1) and 60.48c(e)(11) regarding fuel supplier
certification, and allowing record keeping to document compliance. This
commenter said that the record keeping provisions in Sec. 60.48c(e)(11)
should also be simplified to allow the affected facility to maintain
records that the supplier is contractually obligated to provide fuel
oil.
Revisions to part 75 are not within the scope of this rulemaking.
However, the EPA will consider whether part 75 should be amended to
require semi-annual, rather than quarterly, reporting in future
rulemakings. States are not precluded from adopting more stringent
requirements than the Federal regulations and are free to maintain
quarterly reporting requirements for any CEMs or COMs data that may be
required under parts 60, 61, and 63. The EPA will also consider the
proposal to replace the reporting requirements in Secs. 60.48c(f)(1)
and 60.48c(e)(11) with record keeping requirements in future
rulemakings.
C. 40 CFR Part 60, Subpart Ea
One commenter opposed changing the reporting requirements for
municipal waste combustors from quarterly to semi-annual because these
sources may potentially be opt-in units subject to the part 75
regulations, which require quarterly reporting. This commenter reasoned
that acid rain municipal waste combustors are controversial sources
that the public perceives as an environmental problem, and that the
change would not reduce the reporting burden.
The Agency recognizes that State and local agencies may elect to be
more stringent than the Federal regulations and require quarterly
reporting for identified source categories such as municipal waste
combustors. However, the EPA does not believe that any changes from the
proposed rule are needed, in this case. The EPA has made minor wording
changes to the final language to clarify the reporting requirements for
affected sources.
D. 40 CFR Part 51, Subpart Q
Two commenters opposed the EPA's proposal to raise the emission
reporting threshold from 100 to 200 tons per year (tpy). Both
commenters indicated that a higher threshold would not reduce the
source reporting burden, as the 100 tpy threshold information would
still be required by the States to determine whether other Clean Air
Act programs would apply.
The EPA did not propose the change to reduce the amount of
information collected by the States. The Agency recognizes that the
States gather this information to support their own planning and
permitting purposes and do not gather this information in response to
this rule. The proposed change focuses on reducing the amount of the
information that States transfer to the EPA (and the burden that
results from this transfer of information).
One commenter suggested that the EPA should revamp the entire
subpart. The commenter identified four ways in which the Agency should
revise the regulation: (1) Allow an additional six months for
facilities to provide information to the States and for the States to
then enter the data into their system for transferral to the Aerometric
Information Retrieval System (AIRS); (2) Decrease the reporting of data
items; (3) Update the users' manuals and forms for data submittal; and
(4) Delete the requirement for HATREMS in Sec. 51.323, as it no longer
exists.
In general, the purpose of the proposed change is directed at
reducing the burden that results from the States transmitting data to
the EPA. The burden on industry to report this data to the States does
not result from this rule. States require their industries to report
such information for the States' own planning and permitting purposes.
The EPA also considered the specific suggestions raised by the
commenters. During recent discussions in a joint EPA/State and local
work group, State and local representatives (STAPPA/ALAPCO) agreed that
a 6-month schedule made sense and was feasible even if extending the
time period is contrary to the need for timely emissions data. Second,
the rule does not require most of the data items supported by AIRS;
however, AIRS includes these data items at the request of State and
local agencies to support their own program needs. Reporting additional
data items is completely voluntary. Third, the EPA has acknowledged the
need for updating Sec. 51.323 as part of the burden reduction exercise
and has done so in the final amendments. Finally, the Agency agrees
with the need for removing any reference to HATREMS; however, the
Agency views moving data reporting to the facility level as
inappropriate because of the limited usefulness of such data.
E. 40 CFR Part 60, Subpart AAA
As part of the record keeping and reporting burden reduction
initiative, the Agency proposed to revise part 60, subpart AAA--NSPS;
New Residential Wood Heaters. The proposed revisions included editorial
changes for two provisions of the rule, and deletion of the entire
prohibitions section.
Written comments on the proposed changes to the wood heater NSPS
were submitted by the Hearth Products Association (HPA), which had no
objection to the two proposed editorial changes. However, they did
object to changes to the prohibitions section of the rule. The HPA's
comments regarding changes to the prohibitions section and the Agency's
response to those comments are addressed in a separate Federal Register
notice (see Docket #A-95-50 IV-E-01 and 02).
After reviewing the comments received, the Agency is proceeding
with the editorial changes. These modifications to the rule will make
it easier to understand as well as administer; thereby, reducing the
resources needed to achieve compliance with the rule. However, the
Agency has decided to revise Sec. 60.538, Prohibitions, in a separate
Federal Register notice (see Docket #A-95-50 IV-E-01 and 02).
F. 40 CFR Part 61, Subpart F
As part of the record keeping and reporting burden reduction
initiative, the Agency solicited comment on the concept of removing the
requirement for the fixed-point monitoring system and associated record
keeping from the vinyl chloride standard.
Written comments explained that area monitoring requirements in the
vinyl chloride NESHAP rule should be eliminated because they are
duplicative of and less effective than instrumental monitoring; that
computerized leak detecting systems or other similar devices would be
more effective in identifying major releases; that the Hazardous
Organic NESHAP (HON) rule applies to all facilities subject to the
vinyl chloride NESHAP and supersedes that rule; and that area
monitoring is extremely costly. The commenter requested that the EPA
consider replacing the area monitoring program with the use of the Leak
Detection and Repair (LDAR) program.
The EPA agrees that a continuous area monitoring program has
significant costs, and that the area monitoring program is less
effective in detecting leaking equipment than a leak detection and
repair program using instrumental monitoring. The EPA disagrees with
the comment regarding the Hazardous Organic NESHAP (HON) applying to
all facilities subject to the vinyl chloride NESHAP. The HON leak
detection and repair program applies to operations which produce
ethylene dichloride (EDC) and vinyl chloride monomer (VCM) as primary
products, but does not apply to polyvinyl chloride or
[[Page 7461]]
copolymers production. And, the HON does not supersede the area
monitoring requirements of the vinyl chloride NESHAP. The EPA regards
the area monitoring role as distinctly different than that of a leak
detection program, although at times the area monitoring is a helpful
indicator when leaks exist. The EPA regards continuous area monitoring
as the most reliable way to quickly detect major releases from process
equipment including but not limited to leaking equipment. The EPA is
open to innovative ways to achieve the same result in a less costly
way. In recent cases, process related releases have occurred that would
have been unnoticed by leak detection and repair procedures, and would
have gone undetected for extended periods had it not been for an area
monitoring program. These types of releases can be extremely harmful to
human health and the environment, and the liability for these releases
could be far more costly than the area monitoring requirements. For
these reasons the EPA does not intend to make any change to the area
monitoring requirements at this time.
G. Additional Burden Reductions
Suggestions for additional burden reduction included: (1) merging
the part 60 reporting requirements with the emission inventory
requirements to create a single coordinated set of requirements; (2)
allowing the title V permitting authority to exempt area sources of
hazardous air pollutants (HAP) from the startup, shutdown, and
malfunction plan required under Sec. 63.10(d)(5)(i) and (ii); (3)
eliminating Sec. 50.145(a)(2), as notifications of otherwise unrelated
activities are good candidates for deletion; and (4) Eliminating all
routine reports of compliance information under parts 60, 61, and 63
for sources that have title V permits.
One commenter requested that the EPA reduce the vinyl chloride
NESHAP reporting requirement from quarterly to semi-annual.
One commenter explained in detail why the incidental wood furniture
manufacturing requirements were onerous, and proposed three solutions
to remedy the problems with the record keeping requirements of the
rule: (1) eliminate the record keeping requirements for incidental wood
manufacturers; (2) limit the record keeping requirement to incidental
wood furniture manufacturers who make furniture for commercial sale; or
(3) replace the record keeping requirements with a one-time
certification that the facility does not use more than 100 gallons per
month in manufacturing wood furniture. The commenter recommended the
second approach, and suggested revisions to the language at
Sec. 63.800(a) to implement the change.
The EPA is committed to reducing regulatory burden. The Agency
appreciates the positive response to its proposals, and will continue
to seek ways to minimize record keeping and reporting requirements in
future rulemakings.
II. Administrative Requirements
A. Docket
The docket for this rulemaking is A-95-50. The docket is an
organized and complete file of all the information submitted to or
otherwise considered by the EPA in the development of this rulemaking.
The principle purposes of the docket are: (1) to allow interested
parties a means to identify and locate documents so that they can
effectively participate in the rulemaking process; and (2) to serve as
the record in case of judicial review (except for interagency review
materials) (Section 307(d)(7)(A) of the Act). The docket is available
for public inspection at the EPA's Air and Radiation Docket and
Information Center, the location of which is given in the ADDRESSES
section of this document.
B. Analysis Under E.O. 12866, the Unfunded Mandates Reform Act of 1995,
the Regulatory Flexibility Act, and the Small Business Regulatory
Enforcement Fairness Act of 1996
Because the regulatory revisions that are the subject of today's
document would reduce the regulatory burden, this action is not a
``significant'' regulatory action within the meaning of Executive Order
12866, and does not impose any Federal mandate on State, local and
tribal governments or the private sector within the meaning of the
Unfunded Mandates Reform Act of 1995. Further, the EPA has determined
that it is not necessary to prepare a regulatory flexibility analysis
in connection with this action under the Regulatory Flexibility Act and
the Small Business Regulatory Enforcement Fairness Act of 1996. The
regulatory changes proposed here are expected to reduce regulatory
burdens on small businesses, and are not expected to have any adverse
effect on small businesses. Therefore, the EPA certifies that this rule
will not have a significant impact on a substantial number of small
entities.
C. Paperwork Reduction Act
The revisions to existing standards are intended to reduce existing
record keeping and reporting requirements. In the proposal notice (61
FR 47840), the EPA explained the changes, identified who would be
affected by the changes, and estimated the reductions associated with
each change. The EPA also requested comment on all aspects of the
paperwork burden reductions, including the number of affected entities
and estimate of burden reduction. Comments on the proposed rule
revisions were generally favorable, and acknowledged the burden
reduction that would occur due to the proposed changes. Although there
were no quantitative estimates of burden reduction, public comments in
particular recognized the burden reduction that would occur as a result
of the changes from quarterly to semi-annual reporting and of deleting
notification of the anticipated date of initial startup. There were no
public comments on the EPA's numerical estimates of burden reduction in
the proposal (61 FR 47841). As the result of EPA's analysis of the
public comments received on technical aspects of the proposed changes,
the EPA is making only minor, insignificant changes to the proposed
rule in the promulgated version of the revisions. Therefore, the EPA's
original estimate of the record keeping and reporting burden due to the
revisions remains unchanged from proposal.
D. National Technology Transfer and Advancement Act
Under Section 12 of the National Technology Transfer and
Advancement Act of 1995, the EPA must consider the use of ``voluntary
consensus standards,'' if available and applicable, when implementing
policies and programs, unless it would be ``inconsistent with
applicable law or otherwise impractical.'' The intent of the National
Technology Transfer and Advancement Act is to reduce the costs to the
private and public sectors by requiring federal agencies to draw upon
any existing, suitable technical standards used in commerce or
industry.
A ``voluntary consensus standard'' is a technical standard
developed or adopted by a legitimate standards-developing organization.
The Act defines ``technical standards'' as ``performance-based or
design-specific technical specifications and related management systems
practices.'' A legitimate standards-developing organization must
produce standards by consensus and observe principles of due process,
openness, and balance of interests. Examples of organizations that are
regarded as legitimate standards-developing organizations include the
American Society for Testing and
[[Page 7462]]
Materials (ASTM), International Organization for Standardization (ISO),
International Electrotechnical Commission (IEC), American Petroleum
Institute (API), National Fire Protection Association (NFPA) and
Society of Automotive Engineers (SAE).
Since today's action does not involve the establishment or
modification of technical standards, the requirements of the National
Technology Transfer and Advancement Act do not apply.
E. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that (1) OMB determines is ``economically
significant'' as defined under Executive Order 12866, and (2) EPA
determines the environmental health or safety risk addressed by the
rule has a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety aspects 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.
These regulatory revisions are not subject to the Executive Order
because it is not economically significant as defined in E.O. 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.
F. Executive Order 13084--Consultation and Coordination with Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. These rule revisions impose
no enforceable duties on these entities. Rather, these rule revisions
reduce burdens associated with certain regulatory requirements.
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply to this rule.
G. Executive Order 12875: Enhancing the Intergovernmental Partnership
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule changes do not create a mandate on State, local or
tribal governments. The rule changes do not impose any enforceable
duties on these entities. Rather, the rule changes reduce recordkeeping
and reporting burden for certain regulatory requirements. Accordingly,
the requirements of section 1(a) of Executive Order 12875 do not apply
to this rule.
H. Submission to Congress and the Comptroller General
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 affect, the agecy 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 this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective April 13, 1999.
Statutory Authority: The statutory authority for this action is
provided by Sections 101, 112, 114, 116, and 301 of the Clean Air
Act, as amended, 42 U.S.C. 7401, 7412, 7414, 7416, and 7601.
List of Subjects
40 CFR Part 51
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
40 CFR Part 60
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
40 CFR Part 61
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
40 CFR Part 63
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
Dated: February 4, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble title 40, chapter I of the
Code of Federal Regulations is to be amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S. C. 7401-7671q.
Subpart Q--[Amended]
2. Section 51.322 is amended by revising paragraphs (a)(1) and
(a)(2) to read as follows:
Sec. 51.322 Sources subject to emissions reporting.
(a) * * *
(1) For particulate matter, PM10, sulfur oxides, VOC and
nitrogen oxides, any facility that actually emits a total of 181.4
metric tons (200 tons) per year or more of any one pollutant. For
particulate matter emissions, the reporting requirement ends with the
[[Page 7463]]
reporting of calendar year 1987 emissions. For PM10
emissions, the reporting requirement begins with the reporting of
calendar year 1988 emissions.
(2) For carbon monoxide, any facility that actually emits a total
of 1814 metric tons (2000 tons) per year or more.
* * * * *
3. Section 51.323 is amended by removing and reserving paragraph
(a)(2) and revising paragraphs (a)(1), (a)(3), and (b) to read as
follows:
Sec. 51.323 Reportable emissions data and information.
(a) * * *
(1) Emissions of particulate matter (PM10), sulfur oxides, carbon
monoxide, nitrogen oxides, VOC and lead or lead compounds measured as
elemental lead as specified by the AIRS Facility Subsystem User's Guide
AF2 ``AFS Data Coding'' (EPA-454/B-94-004) point source coding form,
(2) [Reserved].
(3) Emissions of PM 2.5 as will be specified in a future guideline.
(b) Such emissions data and information specified in paragraph (a)
of this section must be submitted to the AIRS/AFS database via either
online data entry or batch update system.
* * * * *
PART 60--[AMENDED]
1. The authority citation for part 60 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7601.
Subpart A--[Amended]
2. Section 60.7 is amended by removing and reserving paragraph
(a)(2) and revising paragraphs (a) introductory text and (c)
introductory text, the last sentence of paragraph (f), and adding
paragraphs (f)(1), (f)(2), and (f)(3) to read as follows:
Sec. 60.7 Notification and recordkeeping.
* * * * *
(a) Any owner or operator subject to the provisions of this part
shall furnish the Administrator written notification or, if acceptable
to both the Administrator and the owner or operator of a source,
electronic notification, as follows:
* * * * *
(c) Each owner or operator required to install a continuous
monitoring device shall submit excess emissions and monitoring systems
performance report (excess emissions are defined in applicable
subparts) and-or summary report form (see paragraph (d) of this
section) to the Administrator semiannually, except when: more frequent
reporting is specifically required by an applicable subpart; or the
Administrator, on a case-by-case basis, determines that more frequent
reporting is necessary to accurately assess the compliance status of
the source. All reports shall be postmarked by the 30th day following
the end of each six-month period. Written reports of excess emissions
shall include the following information:
* * * * *
(f) * * * The file shall be retained for at least two years
following the date of such measurements, maintenance, reports, and
records, except as follows;
(1) This paragraph applies to owners or operators required to
install a continuous emissions monitoring system (CEMS) where the CEMS
installed is automated, and where the calculated data averages do not
exclude periods of CEMS breakdown or malfunction. An automated CEMS
records and reduces the measured data to the form of the pollutant
emission standard through the use of a computerized data acquisition
system. In lieu of maintaining a file of all CEMS subhourly
measurements as required under paragraph (f) of this section, the owner
or operator shall retain the most recent consecutive three averaging
periods of subhourly measurements and a file that contains a hard copy
of the data acquisition system algorithm used to reduce the measured
data into the reportable form of the standard.
(2) This paragraph applies to owners or operators required to
install a CEMS where the measured data is manually reduced to obtain
the reportable form of the standard, and where the calculated data
averages do not exclude periods of CEMS breakdown or malfunction. In
lieu of maintaining a file of all CEMS subhourly measurements as
required under paragraph (f) of this section, the owner or operator
shall retain all subhourly measurements for the most recent reporting
period. The subhourly measurements shall be retained for 120 days from
the date of the most recent summary or excess emission report submitted
to the Administrator.
(3) The Administrator or delegated authority, upon notification to
the source, may require the owner or operator to maintain all
measurements as required by paragraph (f) of this section, if the
Administrator or the delegated authority determines these records are
required to more accurately assess the compliance status of the
affected source.
* * * * *
3. Section 60.8 is amended by revising paragraph (d) to read as
follows:
Sec. 60.8 Performance tests.
* * * * *
(d) The owner or operator of an affected facility shall provide the
Administrator at least 30 days prior notice of any performance test,
except as specified under other subparts, to afford the Administrator
the opportunity to have an observer present. If after 30 days notice
for an initially scheduled performance test, there is a delay (due to
operational problems, etc.) in conducting the scheduled performance
test, the owner or operator of an affected facility shall notify the
Administrator (or delegated State or local agency) as soon as possible
of any delay in the original test date, either by providing at least 7
days prior notice of the rescheduled date of the performance test, or
by arranging a rescheduled date with the Administrator (or delegated
State or local agency) by mutual agreement.
* * * * *
3A. Section 60.13 is amended by revising the fourth sentence in
paragraph (h) to read as follows:
Sec. 60.13 Monitoring requirements.
* * * * *
(h) * * *Data recorded during periods of continuous system
breakdown, repair, calibration checks, and zero and span adjustments
shall not be included in the data averages computed under this
paragraph. For owners and operators complying with the requirements in
Sec. 60.7(f) (1) or (2), data averages must include any data recorded
during periods of monitor breakdown or malfunction. * * *
* * * * *
4. Section 60.19 is amended by revising paragraph (b) to read as
follows:
Sec. 60.19 General notification and reporting requirements.
* * * * *
(b) For the purposes of this part, if an explicit postmark deadline
is not specified in an applicable requirement for the submittal of a
notification, application, report, or other written communication to
the Administrator, the owner or operator shall postmark the submittal
on or before the number of days specified in the applicable
requirement. For example, if a notification must be submitted 15 days
before a particular event is scheduled to take place, the notification
shall be postmarked on or before 15 days preceding the event; likewise,
if a notification must be submitted 15 days after a particular event
takes place, the
[[Page 7464]]
notification shall be delivered or postmarked on or before 15 days
following the end of the event. The use of reliable non-Government mail
carriers that provide indications of verifiable delivery of information
required to be submitted to the Administrator, similar to the postmark
provided by the U.S. Postal Service, or alternative means of delivery,
including the use of electronic media, agreed to by the permitting
authority, is acceptable.
* * * * *
Subpart D--[Amended]
5. Section 60.45 is amended by revising paragraph (g) introductory
text to read as follows:
Sec. 60.45 Emission and fuel monitoring.
* * * * *
(g) Excess emission and monitoring system performance reports shall
be submitted to the Administrator semiannually for each six-month
period in the calendar year. All semiannual reports shall be postmarked
by the 30th day following the end of each six-month period. Each excess
emission and MSP report shall include the information required in
Sec. 60.7(c). Periods of excess emissions and monitoring systems (MS)
downtime that shall be reported are defined as follows:
* * * * *
Subpart Da--[Amended]
6. Section 60.49a is amended by revising paragraph (i) to read as
follows:
Sec. 60.49a Reporting requirements.
* * * * *
(i) The owner or operator of an affected facility shall submit the
written reports required under this section and subpart A to the
Administrator semiannually for each six-month period. All semiannual
reports shall be postmarked by the 30th day following the end of each
six-month period.
* * * * *
Subpart Db--[Amended]
7. Section 60.49b is amended by revising paragraphs (d), (e), (h)
introductory text, (i), (j), (k)(2), (k)(3), (m) introductory text, (n)
introductory text, (n)(1), (n)(2), (q) introductory text, (q)(2),
(q)(3), (r), and (s) to read as follows:
Sec. 60.49b Reporting and recordkeeping requirements.
* * * * *
(d) The owner or operator of an affected facility shall record and
maintain records of the amounts of each fuel combusted during each day
and calculate the annual capacity factor individually for coal,
distillate oil, residual oil, natural gas, wood, and municipal-type
solid waste for the reporting period. The annual capacity factor is
determined on a 12-month rolling average basis with a new annual
capacity factor calculated at the end of each calendar month.
(e) For an affected facility that combusts residual oil and meets
the criteria under Secs. 60.46b(e)(4), 60.44b (j), or (k), the owner or
operator shall maintain records of the nitrogen content of the residual
oil combusted in the affected facility and calculate the average fuel
nitrogen content for the reporting period. The nitrogen content shall
be determined using ASTM Method D3431-80, Test Method for Trace
Nitrogen in Liquid Petroleum Hydrocarbons (IBR-see Sec. 60.17), or fuel
suppliers. If residual oil blends are being combusted, fuel nitrogen
specifications may be prorated based on the ratio of residual oils of
different nitrogen content in the fuel blend.
* * * * *
(h) The owner or operator of any affected facility in any category
listed in paragraphs (h) (1) or (2) of this section is required to
submit excess emission reports for any excess emissions which occurred
during the reporting period.
* * * * *
(i) The owner or operator of any affected facility subject to the
continuous monitoring requirements for nitrogen oxides under
Sec. 60.48(b) shall submit reports containing the information recorded
under paragraph (g) of this section.
(j) The owner or operator of any affected facility subject to the
sulfur dioxide standards under Sec. 60.42b shall submit reports.
(k) * * *
(2) Each 30-day average sulfur dioxide emission rate (ng/J or 1b/
million Btu heat input) measured during the reporting period, ending
with the last 30-day period; reasons for noncompliance with the
emission standards; and a description of corrective actions taken.
(3) Each 30-day average percent reduction in sulfur dioxide
emissions calculated during the reporting period, ending with the last
30-day period; reasons for noncompliance with the emission standards;
and a description of corrective actions taken.
* * * * *
(m) For each affected facility subject to the sulfur dioxide
standards under Sec. 60.42(b) for which the minimum amount of data
required under Sec. 60.47b(f) were not obtained during the reporting
period, the following information is reported to the Administrator in
addition to that required under paragraph (k) of this section:
* * * * *
(n) If a percent removal efficiency by fuel pretreatment (i.e., %
Rf) is used to determine the overall percent reduction
(i.e., % Ro) under Sec. 60.45b, the owner or operator of the
affected facility shall submit a signed statement with the report.
(1) Indicating what removal efficiency by fuel pretreatment (i.e.,
% Rf) was credited during the reporting period;
(2) Listing the quantity, heat content, and date each pre-treated
fuel shipment was received during the reporting period, the name and
location of the fuel pretreatment facility; and the total quantity and
total heat content of all fuels received at the affected facility
during the reporting period.
* * * * *
(q) The owner or operator of an affected facility described in
Sec. 60.44b(j) or Sec. 60.44b(k) shall submit to the Administrator a
report containing:
* * * * *
(2) The average fuel nitrogen content during the reporting period,
if residual oil was fired; and
(3) If the affected facility meets the criteria described in
Sec. 60.44b(j), the results of any nitrogen oxides emission tests
required during the reporting period, the hours of operation during the
reporting period, and the hours of operation since the last nitrogen
oxides emission test.
(r) The owner or operator of an affected facility who elects to
demonstrate that the affected facility combusts only very low sulfur
oil under Sec. 60.42b(j)(2) shall obtain and maintain at the affected
facility fuel receipts from the fuel supplier which certify that the
oil meets the definition of distillate oil as defined in Sec. 60.41b.
For the purposes of this section, the oil need not meet the fuel
nitrogen content specification in the definition of distillate oil.
Reports shall be submitted to the Administrator certifying that only
very low sulfur oil meeting this definition was combusted in the
affected facility during the reporting period.
(s) The reporting period for the reports required under this
subpart is each six-month period. All reports shall be submitted to the
Administrator and shall be postmarked by the 30th day following the end
of the reporting period.
[[Page 7465]]
Subpart Dc--[Amended]
8. Section 60.48c is amended by revising paragraphs (c), (d), (e)
introductory text, (e)(2), (e)(3), and (e)(11); and by adding paragraph
(j) to read as follows:
Sec. 60.48c Reporting and recordkeeping requirements.
* * * * *
(c) The owner or operator of each coal-fired, residual oil-fired,
or wood-fired affected facility subject to the opacity limits under
Sec. 60.43c(c) shall submit excess emission reports for any excess
emissions from the affected facility which occur during the reporting
period.
(d) The owner or operator of each affected facility subject to the
SO2 emission limits, fuel oil sulfur limits, or percent
reduction requirements under Sec. 60.42c shall submit reports to the
Administrator.
(e) The owner or operator of each affected facility subject to the
SO2 emission limits, fuel oil sulfur limits, or percent
reduction requirements under Sec. 60.43c shall keep records and submit
reports as required under paragraph (d) of this section, including the
following information, as applicable.
* * * * *
(2) Each 30-day average SO2 emission rate (nj/J or lb/
million Btu), or 30-day average sulfur content (weight percent),
calculated during the reporting period, ending with the last 30-day
period; reasons for any noncompliance with the emission standards; and
a description of corrective actions taken.
(3) Each 30-day average percent of potential SO2
emission rate calculated during the reporting period, ending with the
last 30-day period; reasons for any noncompliance with the emission
standards; and a description of the corrective actions taken.
* * * * *
(11) If fuel supplier certification is used to demonstrate
compliance, records of fuel supplier certification is used to
demonstrate compliance, records of fuel supplier certification as
described under paragraph (f)(1), (2), or (3) of this section, as
applicable. In addition to records of fuel supplier certifications, the
report shall include a certified statement signed by the owner or
operator of the affected facility that the records of fuel supplier
certifications submitted represent all of the fuel combusted during the
reporting period.
* * * * *
(j) The reporting period for the reports required under this
subpart is each six-month period. All reports shall be submitted to the
Administrator and shall be postmarked by the 30th day following the end
of the reporting period.
Subpart Ea--[Amended]
9. Section 60.59a is amended by revising paragraphs (e), (f), and
(g) to read as follows:
Sec. 60.59a Reporting and recordkeeping requirements.
* * * * *
(e)(1) The owner or operator of an affected facility located within
a large MWC plant shall submit annual compliance reports for sulfur
dioxide, nitrogen oxide (if applicable), carbon monoxide, load level,
and particulate matter control device temperature to the Administrator
containing the information recorded under paragraphs (b)(1), (2)(ii),
(4), (5), and (6) of this section for each pollutant or parameter. The
hourly average values recorded under paragraph (b)(2)(i) of this
section are not required to be included in the annual reports.
Combustors firing a mixture of medical waste and other MSW shall also
provide the information under paragraph (b)(15) of this section, as
applicable, in each annual report. The owner or operator of an affected
facility must submit reports semiannually once the affected facility is
subject to permitting requirements under Title V of the Act.
(2) The owner or operator shall submit a semiannual report for any
pollutant or parameter that does not comply with the pollutant or
parameter limits specified in this subpart. Such report shall include
the information recorded under paragraph (b)(3) of this section. For
each of the dates reported, include the sulfur dioxide, nitrogen oxide,
carbon monoxide, load level, and particulate matter control device
temperature data, as applicable, recorded under paragraphs
(b)(2)(ii)(A) through (D) of this section.
(3) Reports shall be postmarked no later than the 30th day
following the end of the annual or semiannual period, as applicable.
(f)(1) The owner or operator of an affected facility located within
a large MWC plant shall submit annual compliance reports, as
applicable, for opacity. The annual report shall list the percent of
the affected facility operating time for the reporting period that the
opacity CEMS was operating and collecting valid data. Once the unit is
subject to permitting requirements under Title V of the Act, the owner
or operator of an affected facility must submit these reports
semiannually.
(2) The owner or operator shall submit a semiannual report for all
periods when the 6-minute average levels exceeded the opacity limit
under Sec. 60.52a. The semiannual report shall include all information
recorded under paragraph (b)(3) of this section which pertains to
opacity, and a listing of the 6-minute average opacity levels recorded
under paragraph (b)(2)(i)(A) of this section, which exceeded the
opacity limit.
(3) Reports shall be postmarked no later than the 30th day
following the end of the annual of semiannual period, as applicable.
(g)(1) The owner or operator of an affected facility located within
a large MWC plant shall submit reports to the Administrator of all
annual performance tests for particulate matter, dioxin/furan, and
hydrogen chloride as recorded under paragraph (b)(7) of this section,
as applicable, from the affected facility. For each annual dioxin/furan
compliance test, the maximum demonstrated MWC unit load and maximum
demonstrated particulate matter control device temperature shall be
reported. Such reports shall be submitted when available and in no case
later than the date of required submittal of the annual report
specified under paragraphs (e) and (f) of this section, or within six
months of the date the test was conducted, whichever is earlier.
(2) The owner or operator shall submit a report of test results
which document any particulate matter, dioxin/furan, and hydrogen
chloride levels that were above the applicable pollutant limit. The
report shall include a copy of the test report documenting the emission
levels and shall include the corrective action taken. Such reports
shall be submitted when available and in no case later than the date
required for submittal of any semiannual report required in paragraphs
(e) or (f) of this section, or within six months of the date the test
was conducted, whichever is earlier.
* * * * *
Subpart J--[Amended]
10. Section 60.107 is amended by revising paragraphs (a), (c)
introductory text, (d), and (e) to read as follows:
Sec. 60.107 Reporting and recordkeeping requirements.
* * * * *
(a) Each owner or operator subject to Sec. 60.104(b) shall notify
the Administrator of the specific provisions of Sec. 60.104(b) with
which the owner or operator seeks to comply. Notification
[[Page 7466]]
shall be submitted with the notification of initial startup required by
Sec. 60.7(a)(3). If an owner or operator elects at a later date to
comply with an alternative provision of Sec. 60.104(b), then the
Administrator shall be notified by the owner or operator in the report
described in paragraph (c) of this section.
* * * * *
(c) Each owner or operator subject to Sec. 60.104(b) shall submit a
report except as provided by paragraph (d) of this section. The
following information shall be contained in the report:
* * * * *
(d) For any periods for which sulfur dioxide or oxides emissions
data are not available, the owner or operator of the affected facility
shall submit a signed statement indicating if any changes were made in
operation of the emission control system during the period of data
unavailability which could affect the ability of the system to meet the
applicable emission limit. Operations of the control system and
affected facility during periods of data unavailability are to be
compared with operation of the control system and affected facility
before and following the period of data unavailability.
(e) The owner or operator of an affected facility shall submit the
reports required under this subpart to the Administrator semiannually
for each six-month period. All semiannual reports shall be postmarked
by the 30th day following the end of each six-month period.
* * * * *
11. Section 60.108 is amended by revising paragraph (e) to read as
follows:
Sec. 60.108 Performance test and compliance provisions.
* * * * *
(e) Each owner or operator subject to Sec. 60.104(b) who has
demonstrated compliance with one of the provisions of Sec. 60.104(b)
but a later date seeks to comply with another of the provisions of
Sec. 60.104(b) shall begin conducting daily performance tests as
specified under paragraph (d) of this section immediately upon electing
to become subject to one of the other provisions of Sec. 60.104(b). The
owner or operator shall furnish the Administrator with a written
notification of the change in the semiannual report required by
Sec. 60.107(e).
Subpart CC--[Amended]
12. Section 60.293 is amended by revising paragraphs (c)(4),
(c)(5), (d)(3) introductory text and (d)(3)(iii) to read as follows:
Sec. 60.293 Standards for particulate matter from glass melting
furnace with modified-processes.
* * * * *
(c) * * *
(4) Determine, based on the 6-minute opacity averages, the opacity
value corresponding to the 99 percent upper confidence level of a
normal distribution of average opacity values.
(5) For the purposes of Sec. 60.7, report to the Administrator as
excess emissions all of the 6-minute periods during which the average
opacity, as measured by the continuous monitoring system installed
under paragraph (c)(1) of this section, exceeds the opacity value
corresponding to the 99 percent upper confidence level determined under
paragraph (c)(4) of this section.
(d) * * *
(3) An owner or operator may redetermine the opacity value
corresponding to the 99 percent upper confidence level as described in
paragraph (c)(4) of this section if the owner or operator:
* * * * *
(iii) Uses the redetermined opacity value corresponding to the 99
percent upper confidence level for the purposes of paragraph (c)(5) of
this section.
* * * * *
Subpart NN--[Amended]
13. Section 60.403 is amended by revising paragraph (f) to read as
follows:
Sec. 60.403 Monitoring of emissions and operations.
* * * * *
(f) Any owner or operator subject to the requirements under
paragraph (c) of this section shall report on a frequency specified in
Sec. 60.7(c) all measurement results that are less than 90 percent of
the average levels maintained during the most recent performance test
conducted under Sec. 60.8 in which the affected facility demonstrated
compliance with the standard under Sec. 60.402.
Subpart XX--[Amended]
14. Section 60.502 is amended by revising paragraphs (e)(3) and
(e)(4) to read as follows:
Sec. 60.502 Standards for Volatile Organic Compound (VOC) emissions
from bulk gasoline terminals.
* * * * *
(e) * * *
(3)(i) The owner or operator shall cross-check each tank
identification number obtained in paragraph (e)(2) of this section with
the file of tank vapor tightness documentation within 2 weeks after the
corresponding tank is loaded, unless either of the following conditions
is maintained:
(A) If less than an average of one gasoline tank truck per month
over the last 26 weeks is loaded without vapor tightness documentation
then the documentation cross-check shall be performed each quarter; or
(B) If less than an average of one gasoline tank truck per month
over the last 52 weeks is loaded without vapor tightness documentation
then the documentation cross-check shall be performed semiannually.
(ii) If either the quarterly or semiannual cross-check provided in
paragraphs (e)(3)(i) (A) through (B) of this section reveals that these
conditions were not maintained, the source must return to biweekly
monitoring until such time as these conditions are again met.
(4) The terminal owner or operator shall notify the owner or
operator of each non-vapor-tight gasoline tank truck loaded at the
affected facility within 1 week of the documentation cross-check in
paragraph (e)(3) of this section.
* * * * *
Subpart AAA--[Amended]
15. Section 60.531 is amended by revising the definition for ``wood
heater'' to read as follows:
Sec. 60.531 Definitions.
* * * * *
Wood heater means an enclosed, wood burning appliance capable of
and intended for space heating or domestic water heating that meets all
of the following criteria:
(1) An air-to-fuel ratio in the combustion chamber averaging less
than 35-to-1 as determined by the test procedure prescribed in
Sec. 60.534 performed at an accredited laboratory;
(2) A usable firebox volume of less than 20 cubic feet;
(3) A minimum burn rate of less than 5 kg/hr as determined by the
test procedure prescribed in Sec. 60.534 performed at an accredited
laboratory; and
(4) A maximum weight of 800 kg. In determining the weight of an
appliance for these purposes, fixtures and devices that are normally
sold separately, such as flue pipe, chimney, and masonry components
that are not an integral part of the appliance or heat distribution
ducting, shall not be included.
16. Section 60.536 is amended by revising paragraph (f)(3) to read
as follows:
Sec. 60.536 Permanent label, temporary label, and owner's manual.
* * * * *
[[Page 7467]]
(f) * * *
(3) If an appliance is a coal-only heater as defined in
Sec. 60.530, the following statement shall appear on the permanent
label:
U.S. Environmental Protection Agency
This heater is only for burning coal. Use of any other solid fuel
except for coal ignition purposes is a violation of Federal law.
* * * * *
Subpart SSS--[Amended]
17. Section 60.714 is amended by revising paragraph (a) to read as
follows:
Sec. 60.714 Installation of monitoring devices and recordkeeping.
* * * * *
(a) Each owner or operator of an affected coating operation that
utilizes less solvent annually than the applicable cutoff provided in
Sec. 60.710(b) and that is not subject to Sec. 60.712 (standards for
coating operations) shall maintain records of actual solvent use.
* * * * *
18. Section 60.717 is amended by revising paragraphs (c) and (d)
introductory text, to read as follows:
Sec. 60.717 Reporting and monitoring requirements.
* * * * *
(c) Each owner or operator of an affected coating operation
initially utilizing less than the applicable volume of solvent
specified in Sec. 60.710(b) per calendar year shall report the first
calendar year in which actual annual solvent use exceeds the applicable
volume.
(d) Each owner or operator of an affected coating operation, or
affected coating mix preparation equipment subject to Sec. 60.712(c),
shall submit semiannual reports to the Administrator documenting the
following:
* * * * *
PART 61--[AMENDED]
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.
Subpart A--[Amended]
2. Section 61.04 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 61.04 Address.
* * * * *
(b) Section 112(d) of the Act directs the Administrator to delegate
to each State, when appropriate, the authority to implement and enforce
national emission standards for hazardous air pollutants for stationary
sources located in such State. If the authority to implement and
enforce a standard under this part has been delegated to a State, all
information required to be submitted to EPA under paragraph (a) of this
section shall also be submitted to the appropriate State agency
(provided, that each specific delegation may exempt sources from a
certain Federal or State reporting requirement). The Administrator may
permit all or some of the information to be submitted to the
appropriate State agency only, instead of to EPA and the State agency.
If acceptable to both the Administrator and the owner or operator of a
source, notifications and reports may be submitted on electronic media.
The appropriate mailing address for those States whose delegation
request has been approved is as follows:
* * * * *
Subpart L--[Amended]
3. Section 61.139 is amended by removing paragraphs (i)(1)(ii), and
paragraph (j)(3); re-designating paragraph (i)(1)(iv) as paragraph
(i)(1)(ii); re-designating paragraph (i)(1)(v) as paragraph (i)(1)(iv);
and revising newly designated paragraph (i)(1)(ii), and paragraphs
(j)(2) introductory text, and (j)(2)(iv) to read as follows:
Sec. 61.139 Provisions for alternative means for process vessels,
storage tanks, and tar-intercepting sumps.
* * * * *
(i) * * *
(1) * * *
(ii) For each carbon absorber, a plan for the method for handling
captured benzene and removed carbon to comply with paragraphs (b)(1)
and (2) of this section.
* * * * *
(j) * * *
(2) The following information shall be reported as part of the
semiannual reports required in Sec. 61.138(f).
* * * * *
(iv) For each vapor incinerator, the owner or operator shall
specify the method of monitoring chosen under paragraph (f)(2) of this
section in the first semiannual report. Any time the owner or operator
changes that choice, he shall specify the change in the first
semiannual report following the change.
* * * * *
Subpart M--[Amended]
4. Section 61.142 is amended by revising paragraph (b)(6) to read
as follows:
Sec. 61.142 Standard for asbestos mills.
* * * * *
(b) * * *
(6) Submit semiannually a copy of visible emission monitoring
records to the Administrator if visible emissions occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
* * * * *
5. Section 61.144 is amended by revising paragraph (b)(8) to read
as follows:
Sec. 61.144 Standard for manufacturing.
* * * * *
(b) * * *
(8) Submit semiannually a copy of the visible emission monitoring
records to the Administrator if visible emission occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
6. Section 61.147 is amended by revising paragraph (b)(8) to read
as follows:
Sec. 61.147 Standard for fabricating.
* * * * *
(b) * * *
(8) Submit semiannually a copy of the visible emission monitoring
records to the Administrator if visible emission occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
Subpart N--[Amended]
7. Section 61.163 is amended by revising paragraph (c)(3) to read
as follows:
Sec. 61.163 Emission monitoring.
* * * * *
(c) * * *
(3) Determine, based on the 6-minute opacity averages, the opacity
value corresponding to the 99 percent upper confidence level of a
normal or log-normal (whichever the owner or operator determines is
more representative) distribution of the average opacity values.
* * * * *
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 7468]]
Subpart A--[Amended]
2. Section 63.8 is amended by adding the last sentence in paragraph
(g)(5) to read as follows:
Sec. 63.8 Monitoring requirements.
* * * * *
(g) * * *
(5) * * * For owners or operators complying with the requirements
of Sec. 63.10(b)(2)(vii) (A) or (B), data averages must include any
data recorded during periods of monitor breakdown or malfunction.
Sec. 63.9 [Amended]
3. Section 63.9 is amended by removing and reserving paragraph
(b)(4)(iv).
4. Section 63.10 is amended by adding paragraphs (b)(2)(vii)(A),
(b)(2)(vii)(B), and (b)(2)(vii)(C) and removing and reserving paragraph
(e)(3)(i)(C) to read as follows:
Sec. 63.10 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(2) * * *
(vii) * * *
(A) This paragraph applies to owners or operators required to
install a continuous emissions monitoring system (CEMS) where the CEMS
installed is automated, and where the calculated data averages do not
exclude periods of CEMS breakdown or malfunction. An automated CEMS
records and reduces the measured data to the form of the pollutant
emission standard through the use of a computerized data acquisition
system. In lieu of maintaining a file of all CEMS subhourly
measurements as required under paragraph (b)(2)(vii) of this section,
the owner or operator shall retain the most recent consecutive three
averaging periods of subhourly measurements and a file that contains a
hard copy of the data acquisition system algorithm used to reduce the
measured data into the reportable form of the standard.
(B) This paragraph applies to owners or operators required to
install a CEMS where the measured data is manually reduced to obtain
the reportable form of the standard, and where the calculated data
averages do not exclude periods of CEMS breakdown or malfunction. In
lieu of maintaining a file of all CEMS subhourly measurements as
required under paragraph (b)(2)(vii) of this section, the owner or
operator shall retain all subhourly measurements for the most recent
reporting period. The subhourly measurements shall be retained for 120
days from the date of the most recent summary or excess emission report
submitted to the Administrator.
(C) The Administrator or delegated authority, upon notification to
the source, may require the owner or operator to maintain all
measurements as required by paragraph (b)(2)(vii), if the administrator
or the delegated authority determines these records are required to
more accurately assess the compliance status of the affected source.
* * * * *
[FR Doc. 99-3252 Filed 2-11-99; 8:45 am]
BILLING CODE 6560-50-P
