National Emission Standards for Hazardous Air Pollutants: Site Remediation, 69011-69022 [E6-20119]

Download as PDF Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–6967, email: david.newkirk@fda.hhs.gov. SUPPLEMENTARY INFORMATION: Bertek Pharmaceuticals, Inc., 12720 Dairy Ashford, Sugar Land, TX 77478, has informed FDA that it has changed its name to Mylan Bertek Pharmaceuticals, Inc. Accordingly, the agency is amending the regulations in 21 CFR 510.600 to reflect the change. This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801–808. List of Subjects in 21 CFR Part 510 Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements. I Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 510 is amended as follows: PART 510—NEW ANIMAL DRUGS 2. In § 510.600 in the table in paragraph (c)(1) remove the entry for ‘‘Bertek Pharmaceuticals, Inc.’’ and alphabetically add a new entry for ‘‘Mylan Bertek Pharmaceuticals, Inc.’’; and in the table in paragraph (c)(2) revise the entry for ‘‘062794’’ to read as follows: § 510.600 Names, addresses, and drug labeler codes of sponsors of approved applications. * Firm name and address Drug labeler code * * * * * * (2) * * * Drug labeler code * 062794 * Firm name and address * * * * Mylan Bertek Pharmaceuticals, Inc., 12720 Dairy Ashford, Sugar Land, TX 77478 * * * * Dated: November 16, 2006. Bernadette Dunham, Deputy Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6–20250 Filed 11–28–06; 8:45 am] BILLING CODE 4160–01–S ENVIRONMENTAL PROTECTION AGENCY RIN 2060–AM30 I * 062794 [EPA–HQ–OAR–2002–0021; FRL–8249–3] Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e. * * (c) * * * (1) * * * Mylan Bertek Pharmaceuticals, Inc., 12720 Dairy Ashford, Sugar Land, TX 77478. * * * Drug labeler code 40 CFR Part 63 1. The authority citation for 21 CFR part 510 continues to read as follows: I * Firm name and address * National Emission Standards for Hazardous Air Pollutants: Site Remediation Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This action amends the national emission standards for hazardous air pollutants (NESHAP) for site remediation activities. This final rule revises specific provisions in the rule to resolve issues and questions subsequent to promulgation; correct technical omissions; and correct typographical, cross-reference, and grammatical errors. DATES: This final rule is effective on November 29, 2006. SUMMARY: 69011 EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2002–0021. 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 & Radiation Docket, Docket ID No. EPA–HQ–OAR–2002–0021, EPA/ DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. ADDRESSES: Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to visit the Public Ready Room to view documents. Consult EPA’s Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site http://www.epa.gov/epahome/ dockets.htm for current information on docket status, locations, and telephone numbers. Mr. Greg Nizich, Chemicals and Coatings Group, Sector Policies and Programs Division (E143–01), U.S. EPA, Research Triangle Park, NC 27711, telephone number: (919) 541–3078, facsimile number: (919) 541–0246, electronic mail (e-mail) address: nizich.greg@epa.gov. FOR FURTHER INFORMATION CONTACT: Regulated Entities. The regulated categories and entities affected by the NESHAP include: SUPPLEMENTARY INFORMATION: NAICS 1 Examples of regulated entities Industry ............................................ cprice-sewell on PROD1PC66 with RULES Category 325211 325192 325188 32411 49311 49319 48611 42269 42271. Federal Government ....................... ........................................................ Site remediation activities at businesses at which materials containing organic HAP currently are or have been in the past stored, processed, treated, or otherwise managed at the facility. These facilities include: organic liquid storage terminals, petroleum refineries, chemical manufacturing facilities, and other manufacturing facilities with co-located site remediation activities. Federal agency facilities that conduct site remediation activities to clean up materials contaminated with organic HAP. VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1 69012 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations Category NAICS 1 Examples of regulated entities State/ Local/ Tribal Government ..... ........................................................ Tribal governments that conduct site remediation activities to clean up materials contaminated with organic HAP. cprice-sewell on PROD1PC66 with RULES 1 North American Industry Classification System (NAICS) code. Representative industrial codes at which site remediation activities have been or are currently conducted at some but not all facilities under a given code. The list is not necessarily comprehensive as to the types of facilities at which a site remediation cleanup may potentially be required either now or in the future. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that we are now aware could potentially be regulated by this action. A comprehensive list of NAICS codes cannot be compiled for businesses or facilities potentially regulated by the rule due to the nature of activities regulated by the source category. The industrial code alone for a given facility does not determine whether the facility is or is not potentially subject to this final rule. This final rule may be applicable to any type of business or facility at which a site remediation is conducted to clean up media contaminated with organic hazardous air pollutant (HAP) and other hazardous material. Thus, for many businesses and facilities subject to the rule, the regulated sources (i.e., the site remediation activities) are not the predominant activity, process, operation, or service conducted at the facility. In these cases, the industrial code indicates a primary product produced or service provided at the facility rather than the presence of a site remediation at the facility. For example, NAICS code classifications where site remediation activities are currently being performed at some but not all facilities include, but are not limited to, petroleum refineries (NAICS code 32411), industrial organic chemical manufacturing (NAICS code 3251xx), and plastic materials and synthetics manufacturing (NAICS code 3252xx). However, we are also aware of site remediation activities potentially subject to the rule being performed at facilities listed under NAICS codes for refuse systems, waste management, business services, miscellaneous services, and nonclassifiable. To determine whether your facility is regulated by the action, you should carefully examine the applicability criteria in the 40 CFR part 63, subpart GGGGG-National Emissions Standards for Hazardous Air Pollutants: Site Remediation. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of this final action will also be available on the Worldwide Web through the Technology Transfer Network (TTN). Following signature, a copy of this final rule will be posted on the TTN’s policy and guidance page for newly proposed or promulgated rules at the following address: http:// www.epa.gov/ttn/oarpg/. The TTN provides information and technology exchange in various areas of air pollution control. Judicial Review. Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of the final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by January 29, 2007. Under section 307(d)(7)(B) of the CAA, only an objection to the final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by the final rule may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements. Organization of This Document. The information presented in this preamble is organized as follows: I. Background II. Final Amendments to Rule A. Applicability Determination for Remediation Activities at Certain Oil and Natural Gas Production Facilities B. 1 Megagram (Mg) Site Remediation Applicability Exemption C. Short-Term Site Remediation Exemption (30-day) D. Point of Determination of Remediation Material VOHAP Concentration E. Requirements for Equipment Leaks F. Other Rule Corrections III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Congressional Review Act I. Background On October 8, 2003 (68 FR 58172), we issued a NESHAP for site remediation activities (40 CFR part 63, subpart GGGGG). This NESHAP implements section 112(d) of the CAA by requiring owners and operators of facilities that are major sources of HAP emissions and where a site remediation is conducted, that meets the definitions and conditions specified in this rule, to comply with emission standards and work practices for control of HAP reflecting application of the maximum achievable control technology. After promulgation of subpart 40 CFR part 63, GGGGG, we received questions about our intent and interpretation of specific provisions in the rule. To clarify these issues, we decided that technical amendments to the rule are appropriate. We proposed on May 1, 2006, (71 FR 25531) amendments to subpart GGGGG to clarify certain provisions of the rule and to correct unintentional technical omissions and terminology, typographical, printing, and grammatical errors that we have identified since promulgation of the original rule. A 60-day period, which ended on June 30, 2006, was provided to accept public comments on the proposed amendments to subpart GGGGG. We received comments on the proposed amendments from 12 commenters. A petition for reconsideration for 40 CFR part, subpart GGGGG was filed by the Sierra Club on December 8, 2003. The amendments to subpart GGGGG promulgated by this action do not address any issues cited in the Sierra Club’s petition. We are still reviewing the items for reconsideration and will address them in a future notice. II. Final Amendments to Rule We are amending 40 CFR part 63, subpart GGGGG to clarify our intent for applying and implementing specific rule requirements and to correct unintentional technical omissions and editorial errors. This action promulgates our proposed regulatory language for the amendments to subpart GGGGG except E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations cprice-sewell on PROD1PC66 with RULES for those provisions, as noted below, for which modifications were made to the regulatory language for the final amendments in response to specific public comments. Our original projections for the subpart GGGGG compliance costs, environmental benefits, burden on industry, or the number of affected facilities are not changed by these final amendments. This final rule promulgated by this action reflects our full consideration of all the comments we received on the amendment proposal. Our responses to all of the substantive public comments on the proposal are presented in a comment summary and response document available in Docket ID No. EPA–HQ–OAR–2002–0021 and at http://www.epa.gov/ttn/atw/siterm/ sitermpg.html. A. Applicability Determination for Remediation Activities at Certain Oil and Natural Gas Production Facilities The major source determination requirements used for determining the applicability of 40 CFR part 63, subpart GGGGG are amended for certain facilities involved with oil and natural gas production to be consistent with special directives for these facilities in CAA section 112(n)(4)(A). As discussed in the preamble for the proposed amendments (71 FR 25536), in the Oil and Natural Gas Production NESHAP (40 CFR part 63, subpart HH) we address the provisions of CAA section 112(n)(4)(A) by limiting the emission points that are aggregated for the major source status determination of a production field facility to only the glycol dehydration units and storage vessels with flash emission potential, as defined in the rule (see 40 CFR 63.761). Consistent with our approach used for subpart HH, we are amending subpart GGGGG to specify that for a major source status determination of a production field facility, only the HAP emissions from the glycol dehydration units and storage vessels with the potential for flash emissions, as defined in subpart HH, are to be aggregated with the HAP emissions from the site remediation activities at the facility. Several commenters on the proposed amendments stated that in compliance with the CAA section 112(n)(4) statutory directives, EPA should provide a similar applicability provision in 40 CFR part 63, subpart GGGGG for natural gas transmission and storage facilities consistent with the major source definition in the Natural Gas Transmission and Storage Facilities NESHAP (40 CFR part 63, subpart HHH). We agree that such a provision is appropriate, and are amending subpart VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 GGGGG to specify that for natural gas transmission and storage facilities, HAP emissions are to be aggregated according to the definition of major source in § 63.1271 for a major source determination. B. 1 Megagram (Mg) Site Remediation Applicability Exemption The final amendments clarify the 40 CFR part 63, subpart GGGGG language with respect to how the 1 Mg applicability exemption is to be applied at a facility. Under this applicability exemption, site remediation activities conducted at your facility are not subject to the requirements of subpart GGGGG (except for certain recordkeeping requirements) if you determine that the total quantity of the HAP that is contained in the remediation material excavated, extracted, pumped, or otherwise removed during all of the site remediations conducted at your facility is less than 1 Mg annually. This final rule language for the exemption provisions does not change how the 1 Mg limit is applied nor change the documentation requirements for the exemption, but adds clarifying language stating that the 1 Mg limit applies on a facility-wide, annual basis and that there is no restriction to the number of site remediations that can be conducted under the exemption. Also, in response to public comments on the proposed regulatory language, the term ‘‘annual’’ was substituted for ‘‘calendar year’’, and language was added to the final rule stating that a Title V permit does not have to be reopened or revised solely to include the recordkeeping requirement required for the 1 Mg exemption. However, the recordkeeping requirement must be included in the facility’s Title V permit the next time the permit is renewed, reopened, or revised for another reason. C. Short-Term Site Remediation Exemption (30-Day) Subpart GGGGG of 40 CFR part 63 is amended to clarify the rule language with respect to our intent for application of the 30-day site remediation exemption, including those situations when the remediation material is transferred off-site. Under this exemption, site remediations at your facility with affected sources subject to regulation under subpart GGGGG that can be completed within 30 days are exempted from having to meet the air emission control requirements specified in this final rule. The final rule language explicitly defines the beginning and end of the 30- PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 69013 day period for the purpose of qualifying for the exemption. The first day of the 30-day exemption period is defined as the day on which you initiate any action that removes, destroys, degrades, transforms, immobilizes, or otherwise manages the remediation materials. Certain activities that you perform to prepare for the actual cleanup of the contaminated media are not counted as part of the 30day period. The period of time (i.e., number days) that you are required to perform the following activities are not counted as part of the 30-day interval that cannot be exceeded in order to qualify for the exemption provided that these activities are completed before the actual site cleanup begins: Activities to characterize the type and extent of the contamination by collecting and analyzing samples; activities to obtain permits from Federal, State, or local authorities to conduct the site remediation; activities to schedule workers and necessary equipment; and activities to arrange for contractor or third party assistance in performing the site remediation. The last day of the 30-day exemption period is defined as the day on which all of the remediation materials generated by the cleanup have been treated or disposed of in a manner such that the organic HAP in the material no longer have a reasonable potential for volatilizing and being released to the atmosphere (e.g., placed in a landfill). The exemption does not apply to a site remediation where the only activities completed during the 30-day period are excavating, pumping, or otherwise removing the remediation material from the contaminated area, and then storing this material on-site (e.g., in waste piles, tanks, or containers) to be treated or disposed at some later date after the end of the 30-day period. In this case, the processes and equipment used for site remediation need to meet the applicable air emission control requirement in 40 CFR part 63, subpart GGGGG (unless the site remediation qualifies for another exemption allowed under the rule). It was our intent that this exemption be used for those short-term site remediations for which all of the remediation materials generated by the cleanup are treated or disposed within the 30-day period to meet the requirement that the organic HAP constituents in the materials no longer have a reasonable potential for volatilizing and subsequent release to the atmosphere. However, we recognize that in some situations where the remediation materials are shipped offsite for treatment or disposal, unexpected special circumstances E:\FR\FM\29NOR1.SGM 29NOR1 69014 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations beyond the direct control of the facility owner or operator may not allow the final treatment or disposal of the remediation material sent to the off-site location to be completed within the 30day period required to qualify for the exemption. To address these situations, this final rule includes a provision allowing you to qualify for the exemption provided that all of the remediation material generated by your cleanup is transferred off-site within the 30-day exemption period according to the existing requirements specified in section 63.7936 of subpart GGGGG for remediation material transferred to another party or shipped to another facility. The requirements in section 63.7936 apply to the off-site transfer of remediation materials that have an average total average volatile organic HAP (VOHAP) concentration equal to or greater than 10 parts per million by weight (ppmw), and provide the owner or operator of the affected facility from which the remediation material is transferred with several compliance options. This final rule adds the requirement that you must include in the applicable shipping documentation used to transfer the remediation material off-site, in addition to any notifications and certifications required under section 63.7936, a statement that the shipped material was generated by a site remediation activity subject to the conditions specified for the 30-day exemption. The statement must include the date on which you initiated the site remediation activity generating the shipped remediation materials and the date 30 calendar days following your initiation date. cprice-sewell on PROD1PC66 with RULES D. Point of Determination of Remediation Material VOHAP Concentration Subpart GGGGG of 40 CFR part 63 applies the air emission control requirements for remediation material management units (i.e., tanks, surface impoundments, containers, oil/water separators, organic/water separators and transfer systems) to those units that manage remediation material with an average VOHAP concentration equal to or greater than 500 ppmw. The final rule revises the applicable regulatory language in subpart GGGGG referring to the point at which the facility owner or operator determines the average VOHAP concentration of a remediation material. The final rule implements our original intended VOHAP determination procedure by reinstating the regulatory language and terminology we originally proposed for rule, and removing the term ‘‘point-of-extraction’’ from the rule. VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 Under the amended 40 CFR part 63, subpart GGGGG, you are required to determine the average total VOHAP concentration of the remediation material at a point prior to or within a remediation material management unit. Thus, once the VOHAP concentration for a remediation material has been determined to be less than 500 ppmw, all remediation material management units downstream from the point of determination that manage this material are no longer required to meet the air emission control requirements in subpart GGGGG unless a remediation process is used that concentrates all, or part of, the remediation material being managed in the unit such that the VOHAP concentration of the material increases to 500 ppmw or more. The amended regulatory language also clarifies that any free product returned to a manufacturing process is no longer subject to the air emission control requirements in subpart GGGGG. E. Requirements for Equipment Leaks The final rule adds a compliance option to 40 CFR part 63, subpart GGGGG, air emission control requirements for those affected equipment leak sources already using air pollution controls or work practices to comply with another subpart under 40 CFR part 61 or 40 CFR part 63. Under this option, the affected source is in compliance with subpart GGGGG if the HAP emissions from the affected equipment leak source are controlled in compliance with the applicable standards specified in the other subpart in part 61 or 63 that the affected source is subject. This final rule extends the same compliance option that subpart GGGGG already allows for process vents and remediation material management units to equipment leak sources. If you choose to comply with this option, you must comply with all of the applicable emissions limitations and work practice standards under the other subpart (e.g., you implement leak detection and control measures to reduce HAP emissions as specified by the applicable subpart). This provision does not apply to any exemption of the affected source from the emissions limitations and work practice standards allowed by the other applicable subpart. F. Other Rule Corrections For purposes of implementing the requirements of subpart GGGGG, Table 1 in the rule lists the specific organic chemical compounds, isomers, and mixtures that are HAP. The final rule updates this table to be consistent with EPA’s current HAP list. The final rule removes from Table 1 the listings for PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 1,1-dimethyl hydrazine and methyl ethyl ketone. Both of these organic chemical compounds have been delisted as HAP. Provisions in 40 CFR part 63, subpart GGGGG related to startup, shutdown, and malfunction plan requirements have been revised, as appropriate, to be consistent with the amendments to the General Provisions under subpart A to 40 CFR part 63 that we promulgated on April 20, 2006 (71 FR 20446). The final rule includes changes to the cross-reference citations in §§ 63.7938(b)(2), 63.7938(d)(2), 63.7938(d)(3), 63.7941(h), 63.7950(c), 63.7884(b)(2), and Table 3 of the rule to cite the correct provision in 40 CFR part 63, subpart GGGGG that we had intended to be referenced. Also, the final amendments correct terminology, typographical, and grammatical errors in specific provisions of subpart GGGGG that have been identified since the rule was originally promulgated. The final rule replaces the rule language with the correct cross-reference citation, term, or wording, but do not change any of the technical or administrative requirements of the rule. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the Executive Order. B. Paperwork Reduction Act This action does not impose any new information collection burden. The final rule results in no changes to the information collection requirements of the existing rule. OMB has previously approved the information collection requirements contained in 40 CFR part 63, subpart GGGGG, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060– 0534, EPA ICR number 2062.02. A copy of the OMB approved Information Collection Request (ICR) may be obtained from Susan Auby; Collection Strategies Division; U.S. EPA (2822T); 1200 Pennsylvania Ave., NW.; Washington, DC 20460 or by calling (202) 566–1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations cprice-sewell on PROD1PC66 with RULES acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to 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 part 63 are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For the purposes of assessing the impacts of the final rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration at 13 CFR 121.201; (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. After considering the economic impacts of the final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The small entities that may be directly regulated by the rule include small businesses and small governmental jurisdictions. We have determined that there is little or no impact on any affected small entities because the final rule amends existing regulations to clarify specific provisions and to correct technical omissions and editorial errors. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 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 by State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any 1 year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that the final rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or to the private sector in any 1 year. Thus, the final rule is not subject to the requirements of sections 202 and 205 of the UMRA. In addition, EPA has determined that the final rule contains no regulatory requirements that might significantly or uniquely affect small governments, because they contain no requirements that apply to such governments or impose obligations upon them. 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 69015 and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ are 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.’’ The final rule does not have federalism implications. The final rule does 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. The final rule does not add any new requirements to the current rule, they only clarify our intent and correct errors. Thus, Executive Order 13132 does not apply to the final amendments. 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 6, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ The final rule does not have tribal implications, as specified in Executive Order 13175. This action does not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Thus, Executive Order 13175 does not apply to the final rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ‘‘economically significant,’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, EPA 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 EPA. EPA interprets Executive Order 13045 as applying only to those regulatory E:\FR\FM\29NOR1.SGM 29NOR1 69016 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. The final rule is not subject to the Executive Order because they are based on control technology and not on health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is 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 it is not likely to have a significant adverse effect on the supply, distribution, or use of energy because it only clarifies our intent and corrects errors in the existing rule. Further, we have concluded that the final rule is not likely to have any adverse energy effects. cprice-sewell on PROD1PC66 with RULES I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No. 104–113, 15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities, unless to do so would be inconsistent with applicable law or otherwise impractical. The VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by one or more VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency does not use available and applicable VCS. This action does not involve any new technical standards or the incorporation by reference of existing technical standards. Therefore, the consideration of VCS is not relevant to this action. J. 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 the final amendments 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 final amendments in the Federal Register. A major rule VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 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 amendments are effective on November 29, 2006. I extracted, pumped, or otherwise removed during all of the site remediations conducted at your facility is less than 1 megagram (Mg) annually. This exemption applies the 1 Mg limit on a facility-wide, annual basis, and there is no restriction to the number of site remediations that can be conducted during this period. (2) You must prepare and maintain at your facility written documentation to support your determination that the total HAP quantity in your remediation materials for the year is less than 1 Mg. The documentation must include a description of your methodology and data used for determining the total HAP content of the remediation material. (3) Your Title V permit does not have to be reopened or revised solely to include the recordkeeping requirement specified in paragraph (c)(2) of this section. However, the requirement must be included in your permit the next time the permit is renewed, reopened, or revised for another reason. * * * * * I 3. Section 63.7884 is revised to read as follows: § 63.7881 § 63.7884 What are the general standards I must meet for each site remediation with affected sources? List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: November 22, 2006. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 63, of the Code of the Federal Regulations is amended as follows: I PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: I Authority: 42 U.S.C. 7401, et seq. Subpart GGGGG—[Amended] 2. Section 63.7881 is amended by revising paragraphs (a)(3) and (c) to read as follows: Am I subject to this subpart? (a) * * * (3) Your facility is a major source of HAP as defined in § 63.2, except as specified in paragraph (a)(3)(i) or (ii) of this section. A major source emits or has the potential to emit any single HAP at the rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year. (i) For production field facilities, as defined in § 63.761, only the HAP emissions from the glycol dehydration units and storage vessels with the potential for flash emissions (both as defined in § 63.761) shall be aggregated with the HAP emissions from the site remediation activities at the facility for a major source determination. (ii) For natural gas transmission and storage facilities, HAP emissions shall be aggregated in accordance with the definition of major source in § 63.1271 for a major source determination. * * * * * (c) Your site remediation activities are not subject to the requirements of this subpart, except for the recordkeeping requirements in this paragraph, provided that you meet the requirements specified in paragraphs (c)(1) through (c)(3) of this section. (1) You determine that the total quantity of the HAP listed in Table 1 to this subpart that is contained in the remediation material excavated, PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (a) For each site remediation with an affected source designated under § 63.7882, you must meet the standards specified in §§ 63.7885 through 63.7955, as applicable to your affected source, unless your site remediation meets the requirements for an exemption under paragraph (b) of this section. (b) A site remediation that is completed within 30 consecutive calendar days according to the conditions in paragraphs (b)(1) through (3) of this section is not subject to the standards under paragraph (a) of this section. This exemption cannot be used for a site remediation involving the staged or intermittent cleanup of remediation material whereby the remediation activities at the site are started, stopped, and then re-started in a series of intervals, with durations less than 30-days per interval, when the time period from the beginning of the first interval to the end of the last interval exceeds 30 days. (1) The 30 consecutive calendar day period for a site remediation that qualifies for this exemption is determined according to actions taken by you as defined in paragraphs (b)(1)(i) through (iii) of this section. (i) The first day of the 30-day period is defined as the day on which you initiate any action that removes, destroys, degrades, transforms, immobilizes, or otherwise manages the E:\FR\FM\29NOR1.SGM 29NOR1 cprice-sewell on PROD1PC66 with RULES Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations remediation materials. The following activities, when completed before beginning this initial action, are not counted as part of the 30-day period: Activities to characterize the type and extent of the contamination by collecting and analyzing samples; activities to obtain permits from Federal, State, or local authorities to conduct the site remediation; activities to schedule workers and necessary equipment; and activities to arrange for contractor or third party assistance in performing the site remediation. (ii) The last day of the 30-day period is defined as the day on which treatment or disposal of all of the remediation materials generated by the cleanup is completed such that the organic constituents in these materials no longer have a reasonable potential for volatilizing and being released to the atmosphere. (iii) If treatment or disposal of the remediation materials is conducted at an off-site facility where the final treatment or disposal of the material cannot, or may not, be completed within the 30-day exemption period, then the shipment of all of the remediation material generated from your cleanup that is transferred to another party, or shipped to another facility, within the 30-day period, must be performed according to the applicable requirements specified in § 63.7936. (2) For the purpose of complying with paragraph (b)(1) of this section, if you ship or otherwise transfer the remediation material off-site you must include in the applicable shipping documentation, in addition to any notifications and certifications required under § 63.7936, a statement that the shipped material was generated by a site remediation activity subject to the conditions of this exemption. The statement must include the date on which you initiated the site remediation activity generating the shipped remediation materials, as specified in paragraph (b)(1)(i) of this section, and the date 30 calendar days following your initiation date. (3) You must prepare and maintain at your facility written documentation describing the exempted site remediation, and listing the initiation and completion dates for the site remediation. I 4. Section 63.7886 is amended by revising paragraph (b)(2) to read as follows: § 63.7886 What are the general standards I must meet for my affected remediation material management units? * * * (b) * * * VerDate Aug<31>2005 * * 13:36 Nov 28, 2006 Jkt 211001 (2) You determine that the average total VOHAP concentration, as defined in § 63.7957, of the remediation material managed in the remediation material management unit material is less than 500 ppmw. You must follow the requirements in § 63.7943 to demonstrate that the VOHAP concentration of the remediation material is less than 500 ppmw. Once the VOHAP concentration for a remediation material has been determined to be less than 500 ppmw, all remediation material management units downstream from the point of determination managing this material meet the requirements of this paragraph unless a remediation process is used that concentrates all, or part of, the remediation material being managed in the unit such that the VOHAP concentration of the material could increase. Any free product returned to the manufacturing process (e.g., recovered oil returned to a storage tank at a refinery) is no longer subject to this subpart. * * * * * 5. Section 63.7887 is revised to read as follows: I § 63.7887 What are the general standards I must meet for my affected equipment leak sources? (a) You must control HAP emissions from equipment leaks from each equipment component that is part of the affected source by implementing leak detection and control measures according to the standards specified in §§ 63.7920 through 63.7922 unless you elect to meet the requirements in paragraph (b) of this section. (b) If the affected equipment leak source is also subject to another subpart in 40 CFR part 61 or 40 CFR part 63, you may control emissions of the HAP listed in Table 1 to this subpart from the affected equipment leak source in compliance with the standards specified in the other applicable subpart. This means you are complying with all applicable emissions limitations and work practice standards under the other subpart (e.g., you implement leak detection and control measures to reduce HAP emissions as specified by the applicable subpart). This provision does not apply to any exemption of the affected source from the emissions limitations and work practice standards allowed by the other applicable subpart. 6. Section 63.7890 is amended by revising paragraph (b)(2) to read as follows: I PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 69017 § 63.7890 What emissions limitations and work practice standards must I meet for process vents? * * * * * (b) * * * (2) Reduce from all affected process vents the emissions of total organic compounds (TOC) (minus methane and ethane) to a level below 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or * * * * * I 7. Section 63.7893 is amended by revising paragraph (b) introductory text to read as follows: § 63.7893 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for process vents? * * * * * (b) You must maintain emission levels from all of your affected process vents to meet the facilitywide emission limits in § 63.7890(b) that apply to you, as specified in paragraphs (b)(1) through (4) of this section. * * * * * I 8. Section 63.7896 is amended by revising paragraph (b)(2) to read as follows: § 63.7896 How do I demonstrate initial compliance with the emissions limitations and work practice standards for tanks? * * * * * (b) * * * (2) You have determined, according to the procedures in § 63.7944, and recorded the maximum HAP vapor pressure of the remediation material placed in each affected tank subject to § 63.7886(b)(1)(i) that does not use Tank Level 2 controls. * * * * * I 9. Section 63.7898 is amended by revising paragraph (e)(2) to read as follows: § 63.7898 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for tanks? * * * * * (e) * * * (2) Visually inspecting the external floating roof according to the requirements in § 63.1063(d)(1) and inspecting the seals according to the requirements in § 63.1063(d)(2) and (3). * * * * * I 10. Section 63.7913 is amended by revising paragraph (c) introductory text to read as follows: § 63.7913 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for separators? * E:\FR\FM\29NOR1.SGM * * 29NOR1 * * 69018 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations (c) You must demonstrate continuous compliance for each separator using a fixed roof vented through a closed vent system to a control device according to § 63.7910(b)(2) by meeting the requirements in paragraphs (c)(1) through (6) of this section. * * * * * I 11. Section 63.7915 is amended by revising paragraph (c)(2) to read as follows: § 63.7915 What emissions limitations and work practice standards must I meet for transfer systems? * * * * * (c) * * * (2) A transfer system that consists of continuous hard piping. All joints or seams between the pipe sections must be permanently or semi-permanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed flange). * * * * * I 12. Section 63.7917 is amended by revising paragraph (c) to read as follows: § 63.7917 What are my inspection and monitoring requirements for transfer systems? * * * * * (c) If you operate a transfer system consisting of hard piping according to § 63.7915(c)(2), you must annually inspect the unburied portion of pipeline and all joints for leaks and other defects. In the event that a defect is detected, you must repair the leak or defect according to the requirements of paragraph (e) of this section. * * * * * I 13. Section 63.7918 is amended by revising paragraphs (d) and (e) introductory text to read as follows: § 63.7918 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for transfer systems? cprice-sewell on PROD1PC66 with RULES * * * * * (d) You must demonstrate continuous compliance for each transfer system that consists of hard piping according to § 63.7915(c)(2) by meeting the requirements in paragraphs (d)(1) through (4) of this section. (1) Operating and maintaining the pipeline to ensure that all joints or seams between the pipe sections remain permanently or semi-permanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed flange). (2) Inspecting the pipeline for defects at least annually according to the requirements in § 63.7917(c). (3) Repairing defects according to the requirements in § 63.7917(e). VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 (4) Keeping records to document compliance with the requirements of this subpart according to the requirements in § 63.7952. (e) You must demonstrate continuous compliance for each transfer system that is enclosed and vented to a control device according to § 63.7915(c)(3) by meeting the requirements in paragraphs (e)(1) through (5) of this section. * * * * * I 14. Section 63.7927 is amended by revising paragraph (b)(3) to read as follows: § 63.7927 What are my inspection and monitoring requirements for closed vent systems and control devices? * * * * * (b) * * * (3) Use a CPMS to measure and record the hourly average temperature of the adsorption bed after regeneration (and within 15 minutes after completing any cooling cycle). * * * * * I 15. Section 63.7928 is amended by revising paragraphs (b)(6) and (7) and (c) introductory text to read as follows: § 63.7928 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for closed vent systems and control devices? * * * * * (b) * * * (6) If the closed vent system is equipped with a flow indicator, recording the information in § 63.693(c)(2)(i). (7) If the closed vent system is equipped with a seal or locking device, visually inspecting the seal or closure mechanism at least monthly according to the requirements in § 63.693(c)(2)(ii), and recording the results of each inspection. (c) You must demonstrate continuous compliance of each control device subject to the emissions limits in § 63.7925(d) with the applicable emissions limit in § 63.7925(d) by meeting the requirements in paragraph (c)(1) or (2) of this section. * * * * * I 16. Section 63.7935 is amended by revising paragraphs (c) and (f) to read as follows: § 63.7935 What are my general requirements for complying with this subpart? * * * * * (c) You must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6(e)(3). * * * * * PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (f) Consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator’s satisfaction that you were operating in accordance with § 63.6(e)(1). We will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in § 63.6(e). * * * * * I 17. Section 63.7937 is amended by revising paragraphs (c)(2) and (c)(4)(ii) to read as follows: § 63.7937 How do I demonstrate initial compliance with the general standards? * * * * * (c) * * * (2) If the remediation material managed in the affected remediation material management unit has an average total VOHAP concentration less than 500 ppmw according to § 63.7886(b)(2), you have submitted as part of your notification of compliance status, specified in § 63.7950, a signed statement that you have determined, according to the procedures in § 63.7943, and recorded the average VOHAP concentration of the remediation material placed in the affected remediation material management unit. * * * * * (4) * * * (ii) You will monitor the biological treatment process conducted in each unit according to the requirements in § 63.684(e)(4). * * * * * I 18. Section 63.7938 is amended by revising paragraphs (b)(2) and (c)(4)(ii) to read as follows: 63.7938 How do I demonstrate continuous compliance with the general standards? * * * * * (b) * * * (2) If the remediation material treated or managed by the process vented through the affected process vents has an average total VOHAP less than 10 ppmw according to § 63.7885(c)(1), you must demonstrate continuous compliance by performing a new determination and preparing new documentation as required in § 63.7885(c)(2) to show that the total VOHAP concentration of the remediation material remains less than 10 ppmw. (c) * * * (4) * * * (ii) Monitoring the biological treatment process conducted in each E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations § 63.7940 By what date must I conduct performance tests or other initial compliance demonstrations? * * * * * (c) For new sources, you must conduct initial performance tests and other initial compliance demonstrations according to the provisions in § 63.7(a)(2). I 20. Section 63.7941 is amended as follows: I a. By revising paragraph (c); I b. By revising paragraph (g); and I c. By removing and reserving paragraph (h): § 63.7941 How do I conduct a performance test, design evaluation, or other type of initial compliance demonstration? cprice-sewell on PROD1PC66 with RULES * * * * * (c) If you use a carbon adsorption system, condenser, vapor incinerator, boiler, or process heater to meet an emission limit in this subpart, you may choose to perform a design evaluation to demonstrate initial compliance instead of a performance test. You must perform a design evaluation according to the general requirements in § 63.693(b)(8) and the specific requirements in § 63.693(d)(2)(ii) for a carbon adsorption system (including establishing carbon replacement schedules and associated requirements), § 63.693(e)(2)(ii) for a condenser, § 63.693(f)(2)(ii) for a vapor incinerator, or § 63.693(g)(2)(i)(B) for a boiler or process heater. * * * * * (g) If you are required to conduct a visual inspection of an affected source, you must conduct the inspection according to the procedures in § 63.906(a)(1) for Tank Level 1 controls, § 63.1063(d) for Tank Level 2 controls, § 63.926(a) for Container Level 1 controls, § 63.946(a) for a surface impoundment equipped with a floating membrane cover, § 63.946(b) for a surface impoundment equipped with a cover and vented to a control device, § 63.1047(a) for a separator with a fixed roof, § 63.1047(c) for a separator equipped with a fixed roof and vented to a control device, § 63.695(c)(1)(i) or (c)(2)(i) for a closed vent system, and § 63.964(a) for individual drain systems. * * * * * (h) [Reserved] * * * * * 21. Section 63.7943 is amended as follows: I a. By revising paragraph (a); I VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 b. By revising paragraph (b) introductory text; I c. By revising paragraphs (b)(1) introductory text and (b)(3); and I d. By revising paragraph (c) introductory text. I § 63.7943 How do I determine the average VOHAP concentration of my remediation material? (a) General requirements. You must determine the average total VOHAP concentration of a remediation material using either direct measurement as specified in paragraph (b) of this section or by knowledge as specified in paragraph (c) of this section. These methods may be used to determine the average VOHAP concentration of any material listed in (a)(1) through (3) of this section. (1) A single remediation material stream; or (2) Two or more remediation material streams that are combined prior to, or within, a remediation material management unit or treatment process; or (3) Remediation material that is combined with one or more nonremediation material streams prior to, or within, a remediation material management unit or treatment process. (b) Direct measurement. To determine the average total VOHAP concentration of a remediation material using direct measurement, you must use the procedures in paragraphs (b)(1) through (3) of this section. (1) Sampling. Samples of each material stream must be collected from the container, pipeline, or other device used to deliver each material stream prior to entering the remediation material management unit or treatment process in a manner such that volatilization of organics contained in the sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method. * * * * * (3) Calculations. The average total ¯ VOHAP concentration (C) on a massweighted basis must be calculated by using the results for all samples analyzed according to paragraph (b)(2) of this section and Equation 1 of this section as follows: C= n 1 × ∑ ( Q i × Ci ) QT i =1 ( Eq. 1) Where: ¯ C = Average VOHAP concentration of the material on a mass-weighted basis, ppmw. i = Individual sample ‘‘i’’ of the material. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 n = Total number of samples of the material collected (at least 4 per stream) for the averaging period (not to exceed 1 year). Qi = Mass quantity of material stream represented by Ci, kilograms per hour (kg/hr). QT = Total mass quantity of all material during the averaging period, kg/hr. Ci = Measured VOHAP concentration of sample ‘‘i’’ as determined according to the requirements of paragraph (b)(2) of this section, ppmw. (c) Knowledge of the material. To determine the average total VOHAP concentration of a remediation material using knowledge, you must use the procedures in paragraphs (c)(1) through (3) of this section. * * * * * I 22. Section 63.7950 is amended by revising paragraph (c) to read as follows: § 63.7950 What notifications must I submit and when? * * * * * (c) As specified in § 63.9(b)(3), if you start up your new or reconstructed affected source on or after the effective date, you must submit an Initial Notification no later than 120 calendar days after initial startup. * * * * * I 23. Section 63.7956 is amended by revising paragraph (c) introductory text to read as follows: § 63.7956 Who implements and enforces this subpart? * * * * * (c) The authorities that cannot be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section. * * * * * I 24. Section 63.7957 is amended by removing the definition of ‘‘Point-ofextraction’’ and revising the definitions of ‘‘deviation’’ and ‘‘transfer system’’ to read as follows: § 63.7957 subpart? What definitions apply to this * * * * * Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emissions limitation (including any operating limit), or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or E:\FR\FM\29NOR1.SGM 29NOR1 ER29NO06.007</MATH> unit according to the requirements in § 63.7886(4)(i). * * * * * I 19. Section 63.7940 is amended by revising paragraph (c) to read as follows: 69019 69020 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations (3) Fails to meet any emissions limitation, (including any operating limit), or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. * * * * * Transfer system means a stationary system for which the predominant function is to convey liquids or solid materials from one point to another point within a waste management operation or recovery operation. For the purpose of this subpart, the conveyance of material using a container (as defined for this subpart) or a self-propelled vehicle (e.g., a front-end loader) is not a transfer system. Examples of a transfer system include but are not limited to a pipeline, an individual drain system, a gravity-operated conveyor (such as a chute), and a mechanically-powered conveyor (such as a belt or screw conveyor). * * * * * 25. Table 1 to Subpart GGGGG of Part 63 is revised to read as follows: I TABLE 1 TO SUBPART GGGGG OF PART 63.—LIST OF HAZARDOUS AIR POLLUTANTS Compound name 75070 ..................... 75058 ..................... 98862 ..................... 98862 ..................... 107028 ................... 107131 ................... 107051 ................... 71432 ..................... 98077 ..................... 100447 ................... 92524 ..................... 542881 ................... 75252 ..................... 106990 ................... 75150 ..................... 56235 ..................... 43581 ..................... 133904 ................... 108907 ................... 67663 ..................... 107302 ................... 126998 ................... 98828 ..................... 94757 ..................... 334883 ................... 132649 ................... 96128 ..................... 106467 ................... 107062 ................... 111444 ................... 542756 ................... 64675 ..................... 79447 ..................... 77781 ..................... 121697 ................... 51285 ..................... 121142 ................... 123911 ................... 106898 ................... 106887 ................... 140885 ................... 100414 ................... 75003 ..................... 106934 ................... 107062 ................... 151564 ................... 75218 ..................... 75343 ..................... cprice-sewell on PROD1PC66 with RULES CAS No.a Acetaldehyde .................................................................................................................................................... Acetonitrile ........................................................................................................................................................ Acetophenone ................................................................................................................................................... Acetophenone ................................................................................................................................................... Acrolein ............................................................................................................................................................. Acrylonitrile ........................................................................................................................................................ Allyl chloride ...................................................................................................................................................... Benzene (includes benzene in gasoline) .......................................................................................................... Benzotrichloride (isomers and mixture) ............................................................................................................ Benzyl chloride .................................................................................................................................................. Biphenyl ............................................................................................................................................................ Bis(chloromethyl)ether b .................................................................................................................................... Bromoform ........................................................................................................................................................ 1,3-Butadiene .................................................................................................................................................... Carbon disulfide ................................................................................................................................................ Carbon Tetrachloride ........................................................................................................................................ Carbonyl sulfide ................................................................................................................................................ Chloramben ....................................................................................................................................................... Chlorobenzene .................................................................................................................................................. Chloroform ........................................................................................................................................................ Chloromethyl methyl ether b .............................................................................................................................. Chloroprene ...................................................................................................................................................... Cumene ............................................................................................................................................................. 2,4-D, salts and esters ...................................................................................................................................... Diazomethane c ................................................................................................................................................. Dibenzofurans ................................................................................................................................................... B1,2-Dibromo-3-chloropropane ......................................................................................................................... 1,4-Dichlorobenzene(p) ..................................................................................................................................... Dichloroethane (Ethylene dichloride) ................................................................................................................ Dichloroethyl ether (Bis(2-chloroethylether) ...................................................................................................... 1,3-Dichloropropene .......................................................................................................................................... Diethyl sulfate ................................................................................................................................................... Dimethyl carbamoyl chloride c ........................................................................................................................... Dimethyl sulfate ................................................................................................................................................ N,N-Dimethylaniline .......................................................................................................................................... 2,4-Dinitrophenol ............................................................................................................................................... 2,4-Dinitrotoluene .............................................................................................................................................. 1,4-Dioxane (1,4-Diethyleneoxide) .................................................................................................................... Epichlorohydrin (1-Chloro-2,3-epoxypropane) .................................................................................................. 1,2-Epoxybutane ............................................................................................................................................... Ethyl acrylate .................................................................................................................................................... Ethyl benzene ................................................................................................................................................... Ethyl chloride (Chloroethane) ........................................................................................................................... Ethylene dibromide (Dibromoethane) ............................................................................................................... Ethylene dichloride (1,2-Dichloroethane) .......................................................................................................... Ethylene imine (Aziridine) ................................................................................................................................. Ethylene oxide .................................................................................................................................................. Ethylidene dichloride (1,1-Dichloroethane) ....................................................................................................... Glycol ethers d that have a Henry’s Law Constant value equal to or greater than 0.01 Y/X(1.8 × 10¥6 atm/gm-mole/m3) at 25°C. Hexachlorobenzene .......................................................................................................................................... Hexachlorobutadiene ........................................................................................................................................ Hexachloroethane ............................................................................................................................................. Hexane .............................................................................................................................................................. Isophorone ........................................................................................................................................................ Lindane (all isomers) ........................................................................................................................................ Methanol ........................................................................................................................................................... Methyl bromide (Bromomethane) ..................................................................................................................... Methyl chloride (Choromethane) ....................................................................................................................... Methyl chloroform (1,1,1-Trichloroethane) ........................................................................................................ 118741 ................... 87683 ..................... 67721 ..................... 110543 ................... 78591 ..................... 58899 ..................... 67561 ..................... 74839 ..................... 74873 ..................... 71556 ..................... VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM Fm 305 29NOR1 1.000 0.989 0.314 0.314 1.000 0.999 1.000 1.000 0.958 1.000 0.864 0.999 0.998 1.000 1.000 1.000 1.000 0.633 1.000 1.000 1.000 1.000 1.000 0.167 0.999 0.967 1.000 1.000 1.000 0.757 1.000 0.0025 0.150 0.086 0.0008 0.0077 0.0848 0.869 0.939 1.000 1.000 1.000 1.000 0.999 1.000 0.867 1.000 1.000 [e] 0.97 0.88 0.499 1.000 0.506 1.000 0.855 1.000 1.000 1.000 69021 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations TABLE 1 TO SUBPART GGGGG OF PART 63.—LIST OF HAZARDOUS AIR POLLUTANTS—Continued CAS No.a Compound name Fm 305 74884 ..................... 108101 ................... 624839 ................... 80626 ..................... 1634044 ................. 75092 ..................... 91203 ..................... 98953 ..................... 79469 ..................... 82688 ..................... 87865 ..................... 75445 ..................... 123386 ................... 78875 ..................... 75569 ..................... 75558 ..................... 100425 ................... 96093 ..................... 79345 ..................... 127184 ................... 108883 ................... 95534 ..................... 120821 ................... 71556 ..................... 79005 ..................... 79016 ..................... 95954 ..................... 88062 ..................... 121448 ................... 540841 ................... 108054 ................... 593602 ................... 75014 ..................... 75354 ..................... 1330207 ................. 95476 ..................... 108383 ................... 106423 ................... Methyl iodide (Iodomethane) ............................................................................................................................ Methyl isobutyl ketone (Hexone) ...................................................................................................................... Methyl isocyanate ............................................................................................................................................. Methyl methacrylate .......................................................................................................................................... Methyl tert butyl ether ....................................................................................................................................... Methylene chloride (Dichloromethane) ............................................................................................................. Naphthalene ...................................................................................................................................................... Nitrobenzene ..................................................................................................................................................... 2-Nitropropane .................................................................................................................................................. Pentachloronitrobenzene (Quintobenzene) ...................................................................................................... Pentachlorophenol ............................................................................................................................................ Phosgene c ........................................................................................................................................................ Propionaldehyde ............................................................................................................................................... Propylene dichloride (1,2-Dichloropropane) ..................................................................................................... Propylene oxide ................................................................................................................................................ 1,2-Propylenimine (2-Methyl aziridine) ............................................................................................................. Styrene .............................................................................................................................................................. Styrene oxide .................................................................................................................................................... 1,1,2,2-Tetrachloroethane ................................................................................................................................. Tetrachloroethylene (Perchloroethylene) .......................................................................................................... Toluene ............................................................................................................................................................. o-Toluidine ........................................................................................................................................................ 1,2,4-Trichlorobenzene ..................................................................................................................................... 1,1,1-Trichloroethane (Methyl chlorform) .......................................................................................................... 1,1,2-Trichloroethane (Vinyltrichloride) ............................................................................................................. Trichloroethylene ............................................................................................................................................... 2,4,5-Trichlorophenol ........................................................................................................................................ 2,4,6-Trichlorophenol ........................................................................................................................................ Triethylamine ..................................................................................................................................................... 2,2,4-Trimethylpentane ..................................................................................................................................... Vinyl acetate ..................................................................................................................................................... Vinyl bromide .................................................................................................................................................... Vinyl chloride ..................................................................................................................................................... Vinylidene chloride (1,1-Dichloroethylene) ....................................................................................................... Xylenes (isomers and mixture) ......................................................................................................................... o-Xylenes .......................................................................................................................................................... m-Xylenes ......................................................................................................................................................... p-Xylenes .......................................................................................................................................................... 1.000 0.979 1.000 0.999 1.000 1.000 0.994 0.394 0.989 0.839 0.0898 1.000 0.999 1.000 1.000 0.945 1.000 0.830 0.999 1.000 1.000 0.152 1.000 1.000 1.000 1.000 0.0108 0.0132 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Notes: Fm 305 Fraction measure factor in Method 305, 40 CFR 305 part 63, appendix A. a CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers, or mixtures of compounds. b Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals. c Denotes a HAP that may react violently with water. d Denotes a HAP that hydrolyzes slowly in water. e The F m 305 factors for some of the more common glycol 305 ethers can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. 26. Table 3 is amended by revising the entries for ‘‘63.7(c)’’, ‘‘63.8(c)(1)(i)’’, and ‘‘63.8(c)(6)’’ to read as follows: I TABLE 3 TO SUBPART GGGGG OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART GGGGG * * Citation * * Subject * Applies to subpart GGGGG Brief description cprice-sewell on PROD1PC66 with RULES * * * § 63.7(c) ................................ Quality Assurance/Test Plan * * * Requirement to submit site-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. * * * § 63.8(c)(1)(i) ........................ Routine and Predictable SSM. * * * Keep parts for routine repairs available; reporting requirements for SSM when action is described in SSM plan. VerDate Aug<31>2005 13:36 Nov 28, 2006 Jkt 211001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1 * Yes. * Yes. 69022 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations TABLE 3 TO SUBPART GGGGG OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART GGGGG— Continued * * Citation * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2003–0090; FRL–8249–4] RIN 2060–AN90 Final Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for Early Action Compact Areas Environmental Protection Agency (EPA). ACTION: Final rule. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: The EPA is finalizing the extension of the deferred effective date of air quality designations for 14 areas of the country that have entered into Early Action Compacts. Early Action Compact areas have agreed to reduce ground-level ozone pollution earlier than the Clean Air Act (CAA) requires. On April 30, 2004, EPA published an action designating all areas of the country for the 8-hour ozone National Ambient Air Quality Standards (NAAQS). In the designation rule, EPA deferred the effective date of the nonattainment designation for 14 areas that had entered into Early Action Compacts until September 30, 2005. On August 29, 2005, EPA deferred the nonattainment designation for these areas a second time until December 31, 2006. The EPA is now extending the deferred effective date of the nonattainment designation for 13 Early Action Compact areas until April 15, 2008, and for the Denver Early Action Compact area until July 1, 2007. EFFECTIVE DATE: This final rule is effective on December 29, 2006. ADDRESSES: The EPA has established a docket for this action under Docket ID no. EPA–HQ–OAR–2003–0090. All documents in the docket are listed on VerDate Aug<31>2005 Applies to subpart GGGGG * * * Zero and High level calibration check requirements ........ * Yes. However requirements for CPMS are addressed in § 63.7927. * [FR Doc. E6–20119 Filed 11–28–06; 8:45 am] 13:36 Nov 28, 2006 Jkt 211001 * Brief description Subject * * * § 63.8(c)(6) ........................... CMS Requirements ............. * * * * the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) 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 Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., Northwest, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Office of Air and Radiation Docket is (202) 566–1742. In addition, we have placed a copy of the rule and a variety of materials relevant to Early Action Compact areas on EPA’s Web site at http://www.epa.gov/ttn/ naaqs/ozone/eac/. Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to visit the Public Reading Room to view documents. Consult EPA’s Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at http://www.epa.gov/ epahome/dockets.htm for current information on docket status, locations and telephone numbers. Ms. Barbara Driscoll, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539–04, Research Triangle Park, NC 27711, phone number (919) 54l– 1051 or by e-mail at: driscoll.barbara@epa.gov or Mr. David Cole, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C304–05, FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 * * Research Triangle Park, NC 27711, phone number (919) 54l–5565 or by email at: cole.david@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information Does This Action Apply to Me? This action applies only to the 14 areas that entered into Early Action compacts and for which the effective date of the nonattainment designation was deferred. A list of these areas is included in Table 1. The information presented in this preamble is organized as follows: Outline I. General Information Does this Action Apply to Me? II. What Is the Purpose of This Document? III. What Action has EPA Taken to Date for Early Action Compact Areas? A. What progress are compact areas making toward completing their milestones? B. What is this final action for compact areas? C. What is EPA’s schedule for taking further action to further defer the effective date of nonattainment designation for compact areas? D. What comments did EPA receive on the August 3, 2006 proposal to extend the deferral of the effective date of the nonattainment designations for 14 Early Action Compact areas? IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 71, Number 229 (Wednesday, November 29, 2006)]
[Rules and Regulations]
[Pages 69011-69022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20119]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0021; FRL-8249-3]
RIN 2060-AM30


National Emission Standards for Hazardous Air Pollutants: Site 
Remediation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends the national emission standards for 
hazardous air pollutants (NESHAP) for site remediation activities. This 
final rule revises specific provisions in the rule to resolve issues 
and questions subsequent to promulgation; correct technical omissions; 
and correct typographical, cross-reference, and grammatical errors.

DATES: This final rule is effective on November 29, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2002-0021. 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 & Radiation Docket, Docket ID No. EPA-HQ-
OAR-2002-0021, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air Docket is (202) 566-1742.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Ready Room to view 
documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA Web site http://www.epa.gov/
epahome/dockets.htm for current information on docket status, 
locations, and telephone numbers.


FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, Chemicals and 
Coatings Group, Sector Policies and Programs Division (E143-01), U.S. 
EPA, Research Triangle Park, NC 27711, telephone number: (919) 541-
3078, facsimile number: (919) 541-0246, electronic mail (e-mail) 
address: nizich.greg@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated categories 
and entities affected by the NESHAP include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category                 NAICS \1\             entities
------------------------------------------------------------------------
Industry......................  325211 325192      Site remediation
                                 325188 32411       activities at
                                 49311 49319        businesses at which
                                 48611 42269        materials containing
                                 42271.             organic HAP
                                                    currently are or
                                                    have been in the
                                                    past stored,
                                                    processed, treated,
                                                    or otherwise managed
                                                    at the facility.
                                                    These facilities
                                                    include: organic
                                                    liquid storage
                                                    terminals, petroleum
                                                    refineries, chemical
                                                    manufacturing
                                                    facilities, and
                                                    other manufacturing
                                                    facilities with co-
                                                    located site
                                                    remediation
                                                    activities.
Federal Government............  .................  Federal agency
                                                    facilities that
                                                    conduct site
                                                    remediation
                                                    activities to clean
                                                    up materials
                                                    contaminated with
                                                    organic HAP.

[[Page 69012]]

 
State/ Local/ Tribal            .................  Tribal governments
 Government.                                        that conduct site
                                                    remediation
                                                    activities to clean
                                                    up materials
                                                    contaminated with
                                                    organic HAP.
------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS) code.
  Representative industrial codes at which site remediation activities
  have been or are currently conducted at some but not all facilities
  under a given code. The list is not necessarily comprehensive as to
  the types of facilities at which a site remediation cleanup may
  potentially be required either now or in the future.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action.
    A comprehensive list of NAICS codes cannot be compiled for 
businesses or facilities potentially regulated by the rule due to the 
nature of activities regulated by the source category. The industrial 
code alone for a given facility does not determine whether the facility 
is or is not potentially subject to this final rule. This final rule 
may be applicable to any type of business or facility at which a site 
remediation is conducted to clean up media contaminated with organic 
hazardous air pollutant (HAP) and other hazardous material. Thus, for 
many businesses and facilities subject to the rule, the regulated 
sources (i.e., the site remediation activities) are not the predominant 
activity, process, operation, or service conducted at the facility. In 
these cases, the industrial code indicates a primary product produced 
or service provided at the facility rather than the presence of a site 
remediation at the facility. For example, NAICS code classifications 
where site remediation activities are currently being performed at some 
but not all facilities include, but are not limited to, petroleum 
refineries (NAICS code 32411), industrial organic chemical 
manufacturing (NAICS code 3251xx), and plastic materials and synthetics 
manufacturing (NAICS code 3252xx).
    However, we are also aware of site remediation activities 
potentially subject to the rule being performed at facilities listed 
under NAICS codes for refuse systems, waste management, business 
services, miscellaneous services, and nonclassifiable.
    To determine whether your facility is regulated by the action, you 
should carefully examine the applicability criteria in the 40 CFR part 
63, subpart GGGGG-National Emissions Standards for Hazardous Air 
Pollutants: Site Remediation. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final action will also be available on the 
Worldwide Web through the Technology Transfer Network (TTN). Following 
signature, a copy of this final rule will be posted on the TTN's policy 
and guidance page for newly proposed or promulgated rules at the 
following address: http://www.epa.gov/ttn/oarpg/. The TTN provides 
information and technology exchange in various areas of air pollution 
control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of the final rule is available only by filing a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by January 29, 2007. Under section 307(d)(7)(B) of the 
CAA, only an objection to the final rule that was raised with 
reasonable specificity during the period for public comment can be 
raised during judicial review. Moreover, under section 307(b)(2) of the 
CAA, the requirements established by the final rule may not be 
challenged separately in any civil or criminal proceedings brought by 
EPA to enforce these requirements.
    Organization of This Document. The information presented in this 
preamble is organized as follows:

I. Background
II. Final Amendments to Rule
    A. Applicability Determination for Remediation Activities at 
Certain Oil and Natural Gas Production Facilities
    B. 1 Megagram (Mg) Site Remediation Applicability Exemption
    C. Short-Term Site Remediation Exemption (30-day)
    D. Point of Determination of Remediation Material VOHAP 
Concentration
    E. Requirements for Equipment Leaks
    F. Other Rule Corrections
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background

    On October 8, 2003 (68 FR 58172), we issued a NESHAP for site 
remediation activities (40 CFR part 63, subpart GGGGG). This NESHAP 
implements section 112(d) of the CAA by requiring owners and operators 
of facilities that are major sources of HAP emissions and where a site 
remediation is conducted, that meets the definitions and conditions 
specified in this rule, to comply with emission standards and work 
practices for control of HAP reflecting application of the maximum 
achievable control technology.
    After promulgation of subpart 40 CFR part 63, GGGGG, we received 
questions about our intent and interpretation of specific provisions in 
the rule. To clarify these issues, we decided that technical amendments 
to the rule are appropriate. We proposed on May 1, 2006, (71 FR 25531) 
amendments to subpart GGGGG to clarify certain provisions of the rule 
and to correct unintentional technical omissions and terminology, 
typographical, printing, and grammatical errors that we have identified 
since promulgation of the original rule. A 60-day period, which ended 
on June 30, 2006, was provided to accept public comments on the 
proposed amendments to subpart GGGGG. We received comments on the 
proposed amendments from 12 commenters.
    A petition for reconsideration for 40 CFR part, subpart GGGGG was 
filed by the Sierra Club on December 8, 2003. The amendments to subpart 
GGGGG promulgated by this action do not address any issues cited in the 
Sierra Club's petition. We are still reviewing the items for 
reconsideration and will address them in a future notice.

II. Final Amendments to Rule

    We are amending 40 CFR part 63, subpart GGGGG to clarify our intent 
for applying and implementing specific rule requirements and to correct 
unintentional technical omissions and editorial errors. This action 
promulgates our proposed regulatory language for the amendments to 
subpart GGGGG except

[[Page 69013]]

for those provisions, as noted below, for which modifications were made 
to the regulatory language for the final amendments in response to 
specific public comments. Our original projections for the subpart 
GGGGG compliance costs, environmental benefits, burden on industry, or 
the number of affected facilities are not changed by these final 
amendments.
    This final rule promulgated by this action reflects our full 
consideration of all the comments we received on the amendment 
proposal. Our responses to all of the substantive public comments on 
the proposal are presented in a comment summary and response document 
available in Docket ID No. EPA-HQ-OAR-2002-0021 and at http://
www.epa.gov/ttn/atw/siterm/sitermpg.html.

A. Applicability Determination for Remediation Activities at Certain 
Oil and Natural Gas Production Facilities

    The major source determination requirements used for determining 
the applicability of 40 CFR part 63, subpart GGGGG are amended for 
certain facilities involved with oil and natural gas production to be 
consistent with special directives for these facilities in CAA section 
112(n)(4)(A). As discussed in the preamble for the proposed amendments 
(71 FR 25536), in the Oil and Natural Gas Production NESHAP (40 CFR 
part 63, subpart HH) we address the provisions of CAA section 
112(n)(4)(A) by limiting the emission points that are aggregated for 
the major source status determination of a production field facility to 
only the glycol dehydration units and storage vessels with flash 
emission potential, as defined in the rule (see 40 CFR 63.761). 
Consistent with our approach used for subpart HH, we are amending 
subpart GGGGG to specify that for a major source status determination 
of a production field facility, only the HAP emissions from the glycol 
dehydration units and storage vessels with the potential for flash 
emissions, as defined in subpart HH, are to be aggregated with the HAP 
emissions from the site remediation activities at the facility.
    Several commenters on the proposed amendments stated that in 
compliance with the CAA section 112(n)(4) statutory directives, EPA 
should provide a similar applicability provision in 40 CFR part 63, 
subpart GGGGG for natural gas transmission and storage facilities 
consistent with the major source definition in the Natural Gas 
Transmission and Storage Facilities NESHAP (40 CFR part 63, subpart 
HHH). We agree that such a provision is appropriate, and are amending 
subpart GGGGG to specify that for natural gas transmission and storage 
facilities, HAP emissions are to be aggregated according to the 
definition of major source in Sec.  63.1271 for a major source 
determination.

B. 1 Megagram (Mg) Site Remediation Applicability Exemption

    The final amendments clarify the 40 CFR part 63, subpart GGGGG 
language with respect to how the 1 Mg applicability exemption is to be 
applied at a facility. Under this applicability exemption, site 
remediation activities conducted at your facility are not subject to 
the requirements of subpart GGGGG (except for certain recordkeeping 
requirements) if you determine that the total quantity of the HAP that 
is contained in the remediation material excavated, extracted, pumped, 
or otherwise removed during all of the site remediations conducted at 
your facility is less than 1 Mg annually. This final rule language for 
the exemption provisions does not change how the 1 Mg limit is applied 
nor change the documentation requirements for the exemption, but adds 
clarifying language stating that the 1 Mg limit applies on a facility-
wide, annual basis and that there is no restriction to the number of 
site remediations that can be conducted under the exemption. Also, in 
response to public comments on the proposed regulatory language, the 
term ``annual'' was substituted for ``calendar year'', and language was 
added to the final rule stating that a Title V permit does not have to 
be reopened or revised solely to include the recordkeeping requirement 
required for the 1 Mg exemption. However, the recordkeeping requirement 
must be included in the facility's Title V permit the next time the 
permit is renewed, reopened, or revised for another reason.

C. Short-Term Site Remediation Exemption (30-Day)

    Subpart GGGGG of 40 CFR part 63 is amended to clarify the rule 
language with respect to our intent for application of the 30-day site 
remediation exemption, including those situations when the remediation 
material is transferred off-site. Under this exemption, site 
remediations at your facility with affected sources subject to 
regulation under subpart GGGGG that can be completed within 30 days are 
exempted from having to meet the air emission control requirements 
specified in this final rule. The final rule language explicitly 
defines the beginning and end of the 30-day period for the purpose of 
qualifying for the exemption.
    The first day of the 30-day exemption period is defined as the day 
on which you initiate any action that removes, destroys, degrades, 
transforms, immobilizes, or otherwise manages the remediation 
materials. Certain activities that you perform to prepare for the 
actual cleanup of the contaminated media are not counted as part of the 
30-day period. The period of time (i.e., number days) that you are 
required to perform the following activities are not counted as part of 
the 30-day interval that cannot be exceeded in order to qualify for the 
exemption provided that these activities are completed before the 
actual site cleanup begins: Activities to characterize the type and 
extent of the contamination by collecting and analyzing samples; 
activities to obtain permits from Federal, State, or local authorities 
to conduct the site remediation; activities to schedule workers and 
necessary equipment; and activities to arrange for contractor or third 
party assistance in performing the site remediation.
    The last day of the 30-day exemption period is defined as the day 
on which all of the remediation materials generated by the cleanup have 
been treated or disposed of in a manner such that the organic HAP in 
the material no longer have a reasonable potential for volatilizing and 
being released to the atmosphere (e.g., placed in a landfill). The 
exemption does not apply to a site remediation where the only 
activities completed during the 30-day period are excavating, pumping, 
or otherwise removing the remediation material from the contaminated 
area, and then storing this material on-site (e.g., in waste piles, 
tanks, or containers) to be treated or disposed at some later date 
after the end of the 30-day period. In this case, the processes and 
equipment used for site remediation need to meet the applicable air 
emission control requirement in 40 CFR part 63, subpart GGGGG (unless 
the site remediation qualifies for another exemption allowed under the 
rule).
    It was our intent that this exemption be used for those short-term 
site remediations for which all of the remediation materials generated 
by the cleanup are treated or disposed within the 30-day period to meet 
the requirement that the organic HAP constituents in the materials no 
longer have a reasonable potential for volatilizing and subsequent 
release to the atmosphere. However, we recognize that in some 
situations where the remediation materials are shipped off-site for 
treatment or disposal, unexpected special circumstances

[[Page 69014]]

beyond the direct control of the facility owner or operator may not 
allow the final treatment or disposal of the remediation material sent 
to the off-site location to be completed within the 30-day period 
required to qualify for the exemption. To address these situations, 
this final rule includes a provision allowing you to qualify for the 
exemption provided that all of the remediation material generated by 
your cleanup is transferred off-site within the 30-day exemption period 
according to the existing requirements specified in section 63.7936 of 
subpart GGGGG for remediation material transferred to another party or 
shipped to another facility. The requirements in section 63.7936 apply 
to the off-site transfer of remediation materials that have an average 
total average volatile organic HAP (VOHAP) concentration equal to or 
greater than 10 parts per million by weight (ppmw), and provide the 
owner or operator of the affected facility from which the remediation 
material is transferred with several compliance options. This final 
rule adds the requirement that you must include in the applicable 
shipping documentation used to transfer the remediation material off-
site, in addition to any notifications and certifications required 
under section 63.7936, a statement that the shipped material was 
generated by a site remediation activity subject to the conditions 
specified for the 30-day exemption. The statement must include the date 
on which you initiated the site remediation activity generating the 
shipped remediation materials and the date 30 calendar days following 
your initiation date.

D. Point of Determination of Remediation Material VOHAP Concentration

    Subpart GGGGG of 40 CFR part 63 applies the air emission control 
requirements for remediation material management units (i.e., tanks, 
surface impoundments, containers, oil/water separators, organic/water 
separators and transfer systems) to those units that manage remediation 
material with an average VOHAP concentration equal to or greater than 
500 ppmw. The final rule revises the applicable regulatory language in 
subpart GGGGG referring to the point at which the facility owner or 
operator determines the average VOHAP concentration of a remediation 
material. The final rule implements our original intended VOHAP 
determination procedure by reinstating the regulatory language and 
terminology we originally proposed for rule, and removing the term 
``point-of-extraction'' from the rule.
    Under the amended 40 CFR part 63, subpart GGGGG, you are required 
to determine the average total VOHAP concentration of the remediation 
material at a point prior to or within a remediation material 
management unit. Thus, once the VOHAP concentration for a remediation 
material has been determined to be less than 500 ppmw, all remediation 
material management units downstream from the point of determination 
that manage this material are no longer required to meet the air 
emission control requirements in subpart GGGGG unless a remediation 
process is used that concentrates all, or part of, the remediation 
material being managed in the unit such that the VOHAP concentration of 
the material increases to 500 ppmw or more. The amended regulatory 
language also clarifies that any free product returned to a 
manufacturing process is no longer subject to the air emission control 
requirements in subpart GGGGG.

E. Requirements for Equipment Leaks

    The final rule adds a compliance option to 40 CFR part 63, subpart 
GGGGG, air emission control requirements for those affected equipment 
leak sources already using air pollution controls or work practices to 
comply with another subpart under 40 CFR part 61 or 40 CFR part 63. 
Under this option, the affected source is in compliance with subpart 
GGGGG if the HAP emissions from the affected equipment leak source are 
controlled in compliance with the applicable standards specified in the 
other subpart in part 61 or 63 that the affected source is subject. 
This final rule extends the same compliance option that subpart GGGGG 
already allows for process vents and remediation material management 
units to equipment leak sources.
    If you choose to comply with this option, you must comply with all 
of the applicable emissions limitations and work practice standards 
under the other subpart (e.g., you implement leak detection and control 
measures to reduce HAP emissions as specified by the applicable 
subpart). This provision does not apply to any exemption of the 
affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.

F. Other Rule Corrections

    For purposes of implementing the requirements of subpart GGGGG, 
Table 1 in the rule lists the specific organic chemical compounds, 
isomers, and mixtures that are HAP. The final rule updates this table 
to be consistent with EPA's current HAP list. The final rule removes 
from Table 1 the listings for 1,1-dimethyl hydrazine and methyl ethyl 
ketone. Both of these organic chemical compounds have been delisted as 
HAP.
    Provisions in 40 CFR part 63, subpart GGGGG related to startup, 
shutdown, and malfunction plan requirements have been revised, as 
appropriate, to be consistent with the amendments to the General 
Provisions under subpart A to 40 CFR part 63 that we promulgated on 
April 20, 2006 (71 FR 20446).
    The final rule includes changes to the cross-reference citations in 
Sec. Sec.  63.7938(b)(2), 63.7938(d)(2), 63.7938(d)(3), 63.7941(h), 
63.7950(c), 63.7884(b)(2), and Table 3 of the rule to cite the correct 
provision in 40 CFR part 63, subpart GGGGG that we had intended to be 
referenced. Also, the final amendments correct terminology, 
typographical, and grammatical errors in specific provisions of subpart 
GGGGG that have been identified since the rule was originally 
promulgated. The final rule replaces the rule language with the correct 
cross-reference citation, term, or wording, but do not change any of 
the technical or administrative requirements of the rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The final rule results in no changes to the information collection 
requirements of the existing rule. OMB has previously approved the 
information collection requirements contained in 40 CFR part 63, 
subpart GGGGG, under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and has assigned OMB control number 2060-0534, EPA 
ICR number 2062.02. A copy of the OMB approved Information Collection 
Request (ICR) may be obtained from Susan Auby; Collection Strategies 
Division; U.S. EPA (2822T); 1200 Pennsylvania Ave., NW.; Washington, DC 
20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop,

[[Page 69015]]

acquire, install, and utilize technology and systems for the purposes 
of collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    An agency may not conduct or sponsor, and a person is not required 
to 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 part 63 are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For the purposes of assessing the impacts of the final rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration at 13 CFR 121.201; (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.
    After considering the economic impacts of the final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities that may be directly regulated by the rule include small 
businesses and small governmental jurisdictions. We have determined 
that there is little or no impact on any affected small entities 
because the final rule amends existing regulations to clarify specific 
provisions and to correct technical omissions and editorial errors.

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 by State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA 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 EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that the final rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or to the 
private sector in any 1 year. Thus, the final rule is not subject to 
the requirements of sections 202 and 205 of the UMRA. In addition, EPA 
has determined that the final rule contains no regulatory requirements 
that might significantly or uniquely affect small governments, because 
they contain no requirements that apply to such governments or impose 
obligations upon them.

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'' are 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.''
    The final rule does not have federalism implications. The final 
rule does 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. The final rule does 
not add any new requirements to the current rule, they only clarify our 
intent and correct errors. Thus, Executive Order 13132 does not apply 
to the final amendments.

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 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The final rule does not have 
tribal implications, as specified in Executive Order 13175. This action 
does not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, Executive Order 13175 does not 
apply to the final rule.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant,'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA 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 EPA.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory

[[Page 69016]]

actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Executive Order has the 
potential to influence the regulation. The final rule is not subject to 
the Executive Order because they are based on control technology and 
not on health or safety risks.

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

    This action is 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 it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy because it 
only clarifies our intent and corrects errors in the existing rule. 
Further, we have concluded that the final rule is not likely to have 
any adverse energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
one or more VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency does not use available and 
applicable VCS.
    This action does not involve any new technical standards or the 
incorporation by reference of existing technical standards. Therefore, 
the consideration of VCS is not relevant to this action.

J. 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 the 
final amendments 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 final amendments 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 amendments are 
effective on November 29, 2006.

List of Subjects in 40 CFR Part 63

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

    Dated: November 22, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63, 
of the Code of the 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.

Subpart GGGGG--[Amended]

0
2. Section 63.7881 is amended by revising paragraphs (a)(3) and (c) to 
read as follows:


Sec.  63.7881  Am I subject to this subpart?

    (a) * * *
    (3) Your facility is a major source of HAP as defined in Sec.  
63.2, except as specified in paragraph (a)(3)(i) or (ii) of this 
section. A major source emits or has the potential to emit any single 
HAP at the rate of 10 tons (9.07 megagrams) or more per year or any 
combination of HAP at a rate of 25 tons (22.68 megagrams) or more per 
year.
    (i) For production field facilities, as defined in Sec.  63.761, 
only the HAP emissions from the glycol dehydration units and storage 
vessels with the potential for flash emissions (both as defined in 
Sec.  63.761) shall be aggregated with the HAP emissions from the site 
remediation activities at the facility for a major source 
determination.
    (ii) For natural gas transmission and storage facilities, HAP 
emissions shall be aggregated in accordance with the definition of 
major source in Sec.  63.1271 for a major source determination.
* * * * *
    (c) Your site remediation activities are not subject to the 
requirements of this subpart, except for the recordkeeping requirements 
in this paragraph, provided that you meet the requirements specified in 
paragraphs (c)(1) through (c)(3) of this section.
    (1) You determine that the total quantity of the HAP listed in 
Table 1 to this subpart that is contained in the remediation material 
excavated, extracted, pumped, or otherwise removed during all of the 
site remediations conducted at your facility is less than 1 megagram 
(Mg) annually. This exemption applies the 1 Mg limit on a facility-
wide, annual basis, and there is no restriction to the number of site 
remediations that can be conducted during this period.
    (2) You must prepare and maintain at your facility written 
documentation to support your determination that the total HAP quantity 
in your remediation materials for the year is less than 1 Mg. The 
documentation must include a description of your methodology and data 
used for determining the total HAP content of the remediation material.
    (3) Your Title V permit does not have to be reopened or revised 
solely to include the recordkeeping requirement specified in paragraph 
(c)(2) of this section. However, the requirement must be included in 
your permit the next time the permit is renewed, reopened, or revised 
for another reason.
* * * * *

0
3. Section 63.7884 is revised to read as follows:


Sec.  63.7884  What are the general standards I must meet for each site 
remediation with affected sources?

    (a) For each site remediation with an affected source designated 
under Sec.  63.7882, you must meet the standards specified in 
Sec. Sec.  63.7885 through 63.7955, as applicable to your affected 
source, unless your site remediation meets the requirements for an 
exemption under paragraph (b) of this section.
    (b) A site remediation that is completed within 30 consecutive 
calendar days according to the conditions in paragraphs (b)(1) through 
(3) of this section is not subject to the standards under paragraph (a) 
of this section. This exemption cannot be used for a site remediation 
involving the staged or intermittent cleanup of remediation material 
whereby the remediation activities at the site are started, stopped, 
and then re-started in a series of intervals, with durations less than 
30-days per interval, when the time period from the beginning of the 
first interval to the end of the last interval exceeds 30 days.
    (1) The 30 consecutive calendar day period for a site remediation 
that qualifies for this exemption is determined according to actions 
taken by you as defined in paragraphs (b)(1)(i) through (iii) of this 
section.
    (i) The first day of the 30-day period is defined as the day on 
which you initiate any action that removes, destroys, degrades, 
transforms, immobilizes, or otherwise manages the

[[Page 69017]]

remediation materials. The following activities, when completed before 
beginning this initial action, are not counted as part of the 30-day 
period: Activities to characterize the type and extent of the 
contamination by collecting and analyzing samples; activities to obtain 
permits from Federal, State, or local authorities to conduct the site 
remediation; activities to schedule workers and necessary equipment; 
and activities to arrange for contractor or third party assistance in 
performing the site remediation.
    (ii) The last day of the 30-day period is defined as the day on 
which treatment or disposal of all of the remediation materials 
generated by the cleanup is completed such that the organic 
constituents in these materials no longer have a reasonable potential 
for volatilizing and being released to the atmosphere.
    (iii) If treatment or disposal of the remediation materials is 
conducted at an off-site facility where the final treatment or disposal 
of the material cannot, or may not, be completed within the 30-day 
exemption period, then the shipment of all of the remediation material 
generated from your cleanup that is transferred to another party, or 
shipped to another facility, within the 30-day period, must be 
performed according to the applicable requirements specified in Sec.  
63.7936.
    (2) For the purpose of complying with paragraph (b)(1) of this 
section, if you ship or otherwise transfer the remediation material 
off-site you must include in the applicable shipping documentation, in 
addition to any notifications and certifications required under Sec.  
63.7936, a statement that the shipped material was generated by a site 
remediation activity subject to the conditions of this exemption. The 
statement must include the date on which you initiated the site 
remediation activity generating the shipped remediation materials, as 
specified in paragraph (b)(1)(i) of this section, and the date 30 
calendar days following your initiation date.
    (3) You must prepare and maintain at your facility written 
documentation describing the exempted site remediation, and listing the 
initiation and completion dates for the site remediation.

0
4. Section 63.7886 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  63.7886  What are the general standards I must meet for my 
affected remediation material management units?

* * * * *
    (b) * * *
    (2) You determine that the average total VOHAP concentration, as 
defined in Sec.  63.7957, of the remediation material managed in the 
remediation material management unit material is less than 500 ppmw. 
You must follow the requirements in Sec.  63.7943 to demonstrate that 
the VOHAP concentration of the remediation material is less than 500 
ppmw. Once the VOHAP concentration for a remediation material has been 
determined to be less than 500 ppmw, all remediation material 
management units downstream from the point of determination managing 
this material meet the requirements of this paragraph unless a 
remediation process is used that concentrates all, or part of, the 
remediation material being managed in the unit such that the VOHAP 
concentration of the material could increase. Any free product returned 
to the manufacturing process (e.g., recovered oil returned to a storage 
tank at a refinery) is no longer subject to this subpart.
* * * * *

0
5. Section 63.7887 is revised to read as follows:


Sec.  63.7887  What are the general standards I must meet for my 
affected equipment leak sources?

    (a) You must control HAP emissions from equipment leaks from each 
equipment component that is part of the affected source by implementing 
leak detection and control measures according to the standards 
specified in Sec. Sec.  63.7920 through 63.7922 unless you elect to 
meet the requirements in paragraph (b) of this section.
    (b) If the affected equipment leak source is also subject to 
another subpart in 40 CFR part 61 or 40 CFR part 63, you may control 
emissions of the HAP listed in Table 1 to this subpart from the 
affected equipment leak source in compliance with the standards 
specified in the other applicable subpart. This means you are complying 
with all applicable emissions limitations and work practice standards 
under the other subpart (e.g., you implement leak detection and control 
measures to reduce HAP emissions as specified by the applicable 
subpart). This provision does not apply to any exemption of the 
affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.

0
6. Section 63.7890 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  63.7890  What emissions limitations and work practice standards 
must I meet for process vents?

* * * * *
    (b) * * *
    (2) Reduce from all affected process vents the emissions of total 
organic compounds (TOC) (minus methane and ethane) to a level below 1.4 
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
* * * * *

0
7. Section 63.7893 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec.  63.7893  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for process vents?

* * * * *
    (b) You must maintain emission levels from all of your affected 
process vents to meet the facilitywide emission limits in Sec.  
63.7890(b) that apply to you, as specified in paragraphs (b)(1) through 
(4) of this section.
* * * * *

0
8. Section 63.7896 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  63.7896  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards for tanks?

* * * * *
    (b) * * *
    (2) You have determined, according to the procedures in Sec.  
63.7944, and recorded the maximum HAP vapor pressure of the remediation 
material placed in each affected tank subject to Sec.  63.7886(b)(1)(i) 
that does not use Tank Level 2 controls.
* * * * *

0
9. Section 63.7898 is amended by revising paragraph (e)(2) to read as 
follows:


Sec.  63.7898  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for tanks?

* * * * *
    (e) * * *
    (2) Visually inspecting the external floating roof according to the 
requirements in Sec.  63.1063(d)(1) and inspecting the seals according 
to the requirements in Sec.  63.1063(d)(2) and (3).
* * * * *

0
10. Section 63.7913 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  63.7913  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for separators?

* * * * *

[[Page 69018]]

    (c) You must demonstrate continuous compliance for each separator 
using a fixed roof vented through a closed vent system to a control 
device according to Sec.  63.7910(b)(2) by meeting the requirements in 
paragraphs (c)(1) through (6) of this section.
* * * * *

0
11. Section 63.7915 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  63.7915  What emissions limitations and work practice standards 
must I meet for transfer systems?

* * * * *
    (c) * * *
    (2) A transfer system that consists of continuous hard piping. All 
joints or seams between the pipe sections must be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
* * * * *

0
12. Section 63.7917 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.7917  What are my inspection and monitoring requirements for 
transfer systems?

* * * * *
    (c) If you operate a transfer system consisting of hard piping 
according to Sec.  63.7915(c)(2), you must annually inspect the 
unburied portion of pipeline and all joints for leaks and other 
defects. In the event that a defect is detected, you must repair the 
leak or defect according to the requirements of paragraph (e) of this 
section.
* * * * *

0
13. Section 63.7918 is amended by revising paragraphs (d) and (e) 
introductory text to read as follows:


Sec.  63.7918  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for transfer systems?

* * * * *
    (d) You must demonstrate continuous compliance for each transfer 
system that consists of hard piping according to Sec.  63.7915(c)(2) by 
meeting the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Operating and maintaining the pipeline to ensure that all 
joints or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (2) Inspecting the pipeline for defects at least annually according 
to the requirements in Sec.  63.7917(c).
    (3) Repairing defects according to the requirements in Sec.  
63.7917(e).
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each transfer 
system that is enclosed and vented to a control device according to 
Sec.  63.7915(c)(3) by meeting the requirements in paragraphs (e)(1) 
through (5) of this section.
* * * * *

0
14. Section 63.7927 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  63.7927  What are my inspection and monitoring requirements for 
closed vent systems and control devices?

* * * * *
    (b) * * *
    (3) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed after regeneration (and within 15 minutes after 
completing any cooling cycle).
* * * * *

0
15. Section 63.7928 is amended by revising paragraphs (b)(6) and (7) 
and (c) introductory text to read as follows:


Sec.  63.7928  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for closed vent 
systems and control devices?

* * * * *
    (b) * * *
    (6) If the closed vent system is equipped with a flow indicator, 
recording the information in Sec.  63.693(c)(2)(i).
    (7) If the closed vent system is equipped with a seal or locking 
device, visually inspecting the seal or closure mechanism at least 
monthly according to the requirements in Sec.  63.693(c)(2)(ii), and 
recording the results of each inspection.
    (c) You must demonstrate continuous compliance of each control 
device subject to the emissions limits in Sec.  63.7925(d) with the 
applicable emissions limit in Sec.  63.7925(d) by meeting the 
requirements in paragraph (c)(1) or (2) of this section.
* * * * *

0
16. Section 63.7935 is amended by revising paragraphs (c) and (f) to 
read as follows:


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

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).
* * * * *
    (f) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec.  63.6(e)(1). We will 
determine whether deviations that occur during a period of startup, 
shutdown, or malfunction are violations, according to the provisions in 
Sec.  63.6(e).
* * * * *

0
17. Section 63.7937 is amended by revising paragraphs (c)(2) and 
(c)(4)(ii) to read as follows:


Sec.  63.7937  How do I demonstrate initial compliance with the general 
standards?

* * * * *
    (c) * * *
    (2) If the remediation material managed in the affected remediation 
material management unit has an average total VOHAP concentration less 
than 500 ppmw according to Sec.  63.7886(b)(2), you have submitted as 
part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have determined, according to the 
procedures in Sec.  63.7943, and recorded the average VOHAP 
concentration of the remediation material placed in the affected 
remediation material management unit.
* * * * *
    (4) * * *
    (ii) You will monitor the biological treatment process conducted in 
each unit according to the requirements in Sec.  63.684(e)(4).
* * * * *

0
18. Section 63.7938 is amended by revising paragraphs (b)(2) and 
(c)(4)(ii) to read as follows:


63.7938  How do I demonstrate continuous compliance with the general 
standards?

* * * * *
    (b) * * *
    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec.  63.7885(c)(1), you must 
demonstrate continuous compliance by performing a new determination and 
preparing new documentation as required in Sec.  63.7885(c)(2) to show 
that the total VOHAP concentration of the remediation material remains 
less than 10 ppmw.
    (c) * * *
    (4) * * *
    (ii) Monitoring the biological treatment process conducted in each

[[Page 69019]]

unit according to the requirements in Sec.  63.7886(4)(i).
* * * * *

0
19. Section 63.7940 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.7940  By what date must I conduct performance tests or other 
initial compliance demonstrations?

* * * * *
    (c) For new sources, you must conduct initial performance tests and 
other initial compliance demonstrations according to the provisions in 
Sec.  63.7(a)(2).

0
20. Section 63.7941 is amended as follows:
0
a. By revising paragraph (c);
0
b. By revising paragraph (g); and
0
c. By removing and reserving paragraph (h):


Sec.  63.7941  How do I conduct a performance test, design evaluation, 
or other type of initial compliance demonstration?

* * * * *
    (c) If you use a carbon adsorption system, condenser, vapor 
incinerator, boiler, or process heater to meet an emission limit in 
this subpart, you may choose to perform a design evaluation to 
demonstrate initial compliance instead of a performance test. You must 
perform a design evaluation according to the general requirements in 
Sec.  63.693(b)(8) and the specific requirements in Sec.  
63.693(d)(2)(ii) for a carbon adsorption system (including establishing 
carbon replacement schedules and associated requirements), Sec.  
63.693(e)(2)(ii) for a condenser, Sec.  63.693(f)(2)(ii) for a vapor 
incinerator, or Sec.  63.693(g)(2)(i)(B) for a boiler or process 
heater.
* * * * *
    (g) If you are required to conduct a visual inspection of an 
affected source, you must conduct the inspection according to the 
procedures in Sec.  63.906(a)(1) for Tank Level 1 controls, Sec.  
63.1063(d) for Tank Level 2 controls, Sec.  63.926(a) for Container 
Level 1 controls, Sec.  63.946(a) for a surface impoundment equipped 
with a floating membrane cover, Sec.  63.946(b) for a surface 
impoundment equipped with a cover and vented to a control device, Sec.  
63.1047(a) for a separator with a fixed roof, Sec.  63.1047(c) for a 
separator equipped with a fixed roof and vented to a control device, 
Sec.  63.695(c)(1)(i) or (c)(2)(i) for a closed vent system, and Sec.  
63.964(a) for individual drain systems.
* * * * *
    (h) [Reserved]
* * * * *


0
21. Section 63.7943 is amended as follows:
0
a. By revising paragraph (a);
0
b. By revising paragraph (b) introductory text;
0
c. By revising paragraphs (b)(1) introductory text and (b)(3); and
0
d. By revising paragraph (c) introductory text.


Sec.  63.7943  How do I determine the average VOHAP concentration of my 
remediation material?

    (a) General requirements. You must determine the average total 
VOHAP concentration of a remediation material using either direct 
measurement as specified in paragraph (b) of this section or by 
knowledge as specified in paragraph (c) of this section. These methods 
may be used to determine the average VOHAP concentration of any 
material listed in (a)(1) through (3) of this section.
    (1) A single remediation material stream; or
    (2) Two or more remediation material streams that are combined 
prior to, or within, a remediation material management unit or 
treatment process; or
    (3) Remediation material that is combined with one or more non-
remediation material streams prior to, or within, a remediation 
material management unit or treatment process.
    (b) Direct measurement. To determine the average total VOHAP 
concentration of a remediation material using direct measurement, you 
must use the procedures in paragraphs (b)(1) through (3) of this 
section.
    (1) Sampling. Samples of each material stream must be collected 
from the container, pipeline, or other device used to deliver each 
material stream prior to entering the remediation material management 
unit or treatment process in a manner such that volatilization of 
organics contained in the sample is minimized and an adequately 
representative sample is collected and maintained for analysis by the 
selected method.
* * * * *
    (3) Calculations. The average total VOHAP concentration (C) on a 
mass-weighted basis must be calculated by using the results for all 
samples analyzed according to paragraph (b)(2) of this section and 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29NO06.007

Where:
C = Average VOHAP concentration of the material on a mass-weighted 
basis, ppmw.
i = Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 
per stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by 
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the 
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
determined according to the requirements of paragraph (b)(2) of this 
section, ppmw.

    (c) Knowledge of the material. To determine the average total VOHAP 
concentration of a remediation material using knowledge, you must use 
the procedures in paragraphs (c)(1) through (3) of this section.
* * * * *

0
22. Section 63.7950 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.7950  What notifications must I submit and when?

* * * * *
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification no later than 120 calendar days after 
initial startup.
* * * * *

0
23. Section 63.7956 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  63.7956  Who implements and enforces this subpart?

* * * * *
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section.
* * * * *

0
24. Section 63.7957 is amended by removing the definition of ``Point-
of-extraction'' and revising the definitions of ``deviation'' and 
``transfer system'' to read as follows:


Sec.  63.7957  What definitions apply to this subpart?

* * * * *
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emissions limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or

[[Page 69020]]

    (3) Fails to meet any emissions limitation, (including any 
operating limit), or work practice standard in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
* * * * *
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within a waste management operation or recovery 
operation. For the purpose of this subpart, the conveyance of material 
using a container (as defined for this subpart) or a self-propelled 
vehicle (e.g., a front-end loader) is not a transfer system. Examples 
of a transfer system include but are not limited to a pipeline, an 
individual drain system, a gravity-operated conveyor (such as a chute), 
and a mechanically-powered conveyor (such as a belt or screw conveyor).
* * * * *

0
25. Table 1 to Subpart GGGGG of Part 63 is revised to read as follows:

 Table 1 to Subpart GGGGG of Part 63.--List of Hazardous Air Pollutants
------------------------------------------------------------------------
           CAS No.a                    Compound name           Fm 305
------------------------------------------------------------------------
75070.........................  Acetaldehyde..............        1.000
75058.........................  Acetonitrile..............        0.989
98862.........................  Acetophenone..............        0.314
98862.........................  Acetophenone..............        0.314
107028........................  Acrolein..................        1.000
107131........................  Acrylonitrile.............        0.999
107051........................  Allyl chloride............        1.000
71432.........................  Benzene (includes benzene         1.000
                                 in gasoline).
98077.........................  Benzotrichloride (isomers         0.958
                                 and mixture).
100447........................  Benzyl chloride...........        1.000
92524.........................  Biphenyl..................        0.864
542881........................  Bis(chloromethyl)ether b..        0.999
75252.........................  Bromoform.................        0.998
106990........................  1,3-Butadiene.............        1.000
75150.........................  Carbon disulfide..........        1.000
56235.........................  Carbon Tetrachloride......        1.000
43581.........................  Carbonyl sulfide..........        1.000
133904........................  Chloramben................        0.633
108907........................  Chlorobenzene.............        1.000
67663.........................  Chloroform...............