Recordkeeping and Reporting Burden Reduction

SUMMARY: On September 11, 1996, the EPA proposed changes to reduce

unnecessary reporting and recordkeeping burdens due to regulations

implementing the Clean Air Act (the Act). This review was part of a

Government-wide initiative as directed by the President on March 1,

1995. With today's document, the EPA is finalizing the proposed

changes, with minor amendments as discussed below. On the whole, public

comments that were received on the proposed changes were overwhelmingly

supportive of the Agency's efforts.

DATES: Effective Date. April 13, 1999.

Judicial Review. Under Section 307(b)(1) of the Act, judicial

review is available only by filing a petition for review in the U.S.

Court of Appeals for the District of Columbia Circuit within 60 days of

today's publication of this final rule. Under Section 307(b)(2) of the

Act, the requirements that are the subject of today's document may not

be challenged later in civil or criminal proceedings brought by the EPA

to enforce these requirements.

ADDRESSES: Docket. Docket No. A-95-50, containing supporting

information used in developing the final amendments to the standards,

is available for public inspection and copying from 8:00 a.m. to 5:30

p.m., Monday through Friday, at the EPA's Air and Radiation Docket and

Information Center (6102), 401 M Street, SW, Washington, D.C. 20460;

telephone (202) 260-7548. Both the public comment letters and a

detailed summary of the comments and the EPA's responses to them are

included in the docket. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the

standards or technical aspects, contact Mr. David W. Markwordt,

Emission Standards Division (MD-13), U.S. Environmental Protection

Agency, Research Triangle Park, North Carolina 27711; telephone (919)

541-0837.

SUPPLEMENTARY INFORMATION:

An electronic version of this rule is available for download from

the EPA Technology Transfer Network (TTN) at ``http://www.epa.gov/ttn/

oarpg/ramain.html''. For assistance in downloading files, call the TTN

Help line at (919) 541-5384.

I. Significant Public Comments and Responses

Fourteen letters on the proposed revisions were received. Of these,

four were from State agencies and ten were from industry commenters. A

detailed discussion of all the comments and the EPA's responses can be

found in the comment summary and response document, which is referenced

in the ADDRESSES section of this preamble. This summary of comments and

responses serves as the basis for the revisions that have been made to

the standards between proposal and promulgation. Most of the comment

letters contained multiple comments.

The comments addressed the General Provisions for 40 CFR parts 60,

61, and 63; NSPS for Steam Generators (40 CFR part 60 subparts D, Da,

Db, and Dc); NSPS for Municipal Waste Combustors (40 CFR 60 subpart

Ea); Emission Reporting Requirements for 40 CFR part 51; NSPS for New

Residential Wood Heaters (40 CFR part 60 subpart AAA); and additional

burden reduction. These comments and the EPA's responses are summarized

below.

A. General Provisions for 40 CFR Parts 60, 61, and 63

The EPA's proposals concerning reducing the record keeping and

reporting burden in the General Provisions were generally supported.

Nine commenters strongly supported the EPA's commitment to reducing

record keeping and reporting burdens. Three commenters also supported

the EPA's proposal to allow electronic data submission, and made

detailed suggestions concerning implementation of electronic reporting.

The EPA's proposal to eliminate the notification of the anticipated

date of initial startup was also supported by four commenters. Five

commenters supported the EPA's proposal to require only a 7-day notice

prior to rescheduling a performance test. However, sources in this

situation should notify their delegated State agency (or EPA Region if

there is no delegated State agency) as soon as possible, when they have

a need to use this provision. There were no negative comments on the

EPA's proposals concerning electronic data submission, eliminating

notification of anticipated initial startup date, and requiring only a

7-day prior notice for rescheduling a performance test.

This document corrects a typographical error in the proposal notice

(61 FR 47852). The EPA's intent was to delete the paragraph requiring

notification of the anticipated date of startup for new affected

facilities. Section 63.9(b)(2)(iv) was erroneously cited. The correct

citation is section 63.9(b)(4)(iv).

1. Quarterly or Semi-Annual Reporting

Three commenters supported the proposed change to semi-annual

excess emissions reporting, arguing that semi-annual reporting would be

sufficient to ensure compliance and would reduce regulatory costs and

burden. One of the commenters contended that State and local

regulations would also need to be revised to semi-annual reporting to

realize the cost savings. However, one commenter supported retaining

the requirement for quarterly reporting, stating that a reduction of

reporting frequency would result in an inability for State and local

agencies to identify and respond to violations in a timely manner, and

delay the resolution of enforcement actions. The commenter requested

that the EPA add language to Sec. 60.7(c), and any other applicable

sections, specifying that semi-annual reporting would not apply when

more frequent reporting is specifically required by a State or local

agency. Two commenters supported retaining the quarterly reporting

requirement only for continuous emissions monitoring (CEMs) and

continuous opacity monitors (COMs), as such a requirement would allow

response to emission problems in a timely manner.

The EPA recognizes that some State and local agencies audit

quarterly. States are not precluded from adopting more stringent

requirements than the Federal regulations and are free to maintain

quarterly reporting requirements for CEMs and COMs data. The semi-

annual reporting requirements comport with those under the part 70 and

part 71 title V operating permit program regulations, which require

monitoring, record keeping, and reporting sufficient to demonstrate

compliance with applicable requirements under the Clean Air Act (Act).

One of the commenters noted that Sec. 63.10(e)(3) already allows

semi-annual reporting, but that the requirement is too restrictive. The

commenter suggested that plants triggering quarterly reporting because

of excess emissions only be subject to a 6-month period of quarterly

reporting. If the 6 months expire with no further exceedances, the

reporting schedule would automatically revert to semi-

[[Page 7459]]

annual reporting. While the commenter is correct that Sec. 63.10(e)(3)

allows semi-annual reporting, paragraph (e)(3)(i)(C) modifies the

requirement in the case where a source experiences excessive emissions.

As explained in the proposal notice (61 FR 47844), the EPA's experience

over the past ten years with a variety of NSPS and NESHAP rulemakings

covering industries of all types suggests that semi-annual reporting

provides sufficiently timely information to both ensure compliance and

enable adequate enforcement of applicable requirements, while imposing

less burden on the affected industry than would quarterly reporting.

Therefore, the EPA will finalize its proposal to remove

Sec. 63.10(e)(3)(i)(C), which results in a reduction of the burden for

those sources who would have otherwise been affected by its

requirements.

2. Reduction in Retention of Sub-Hourly Data for CEMs

In today's amendments, the EPA is finalizing the proposed changes

to allow owners or operators the option to reduce record keeping

requirements of sub-hourly data recorded by CEMs. Six commenters

provided specific comments pertaining to these amendments (IV-D-01, IV-

D-02, IV-D-04, IV-D-08, IV-D-07, IV-D-10).

Two commenters (IV-D-07, IV-D-10) supported the revisions that

allow for the reduced data record keeping from 15-minute to hourly

interval.

Two other commenters (IV-D-02, IV-D-04) stated that the proposal

would eliminate the regulatory authority's ability to determine if the

hourly averages reflect the actual data readings. Additionally, one

commenter (IV-D-02) requested EPA to revise the language concerning

data availability to state that the 15-minute readings could be

discarded except where a State or local agency requires retention of

such data.

Two commenters (IV-D-01, IV-01-08) opposed the EPA's proposal on

the grounds that it adds a record keeping requirement, maintaining that

the current regulations do not require retention of the 15-minute data

averages. One (IV-D-01) further commented that CEMs do not typically

save sub-hourly measurements, and that the revision would conflict with

requirements in 40 CFR part 75. These commenters (IV-D-01, IV-01-08)

were also concerned that the revision would create an additional cost

burden by requiring expansion of data acquisition capabilities.

The EPA has revised the proposed amendments to address compliance

concerns raised by State agencies. In addition, the EPA believes that

it is necessary to point out that these amendments provide an option to

the owners or operator, and the requirement is not mandatory. For

sources with CEMs that decide to comply with the record retention

requirements as amended in today's rulemaking, the owner and operator

maintains the burden of proof for hourly averages that the source

claims is invalid. The owner or operator may not later assert that the

hourly averages were based on invalid data, if the source did not

previously identify the hour as including periods of monitor system

breakdown, repair, calibration checks, and zero and span adjustments.

With respect to the amendments, the EPA no longer requires that a

source achieve 95% data availability in order to discard the sub-hourly

measurements. The EPA decided to eliminate the data availability

requirement based on the fact that the general provisions define a

priority data availability of 100%, unless allowed otherwise within

individual rules. Further, a demonstration of compliance with the 95%

data availability threshold would require additional record keeping,

running counter to the goal of burden reduction.

The agency has restructured the final amendments to distinguish

between automated and manual CEMs. This is because both systems have

different ways (e.g., computerized versus manual) to reduce the data to

the final form of the standard. The requirements provide record keeping

reductions for both automated and manual CEMs, but differ in the record

retention requirements depending on the type of CEMs. The basis for the

difference is to allow an inspector to determine if the sub-hourly data

is being properly reduced in both instances. In cases where the data

reduction is automated, it is expected that data reduction procedures

would not vary; hence, the Agency is only requiring the retention of

sub-hourly measurements from the most recent three averaging periods,

so as to allow a replicable check of the data reduction calculations.

Where data is manually reduced, there is greater potential for

variation between data reduction calculations; hence, it needs to be

possible to confirm the accuracy of the periodic reports.

The agency has added language that requires the hourly averages

include periods of CEMs malfunction or breakdown, for sources wishing

to delete the sub-hourly data. This restriction is necessary to ensure

that data which indicates potential emission violations are not both

excluded from the hourly average and then destroyed due to mis-

classification as a CEMs breakdown or malfunction. Since Sec. 60.13(h)

allows sources to exclude data from the hourly average which was

collected during periods of monitor malfunction, Sec. 60.13(h) has also

been amended to reference the new provision at Sec. 60.7(f) which

allows for disposal of raw data in limited circumstances.

Finally a paragraph has been added to the final amendments to allow

the Administrator or a delegated authority, such as the State or local

agency, the ability to require an owner or operator to maintain all

sub-hourly data, if the Administrator finds the data necessary to more

accurately assess compliance.

As discussed above, two commenters (IV-D-01, IV-01-08) asserted

that the current regulations do not require the retention of 15-minute

data averages. EPA disagrees with this these commenters. In fact,

Sec. 63.10(b)(2)(vii) requires retention of all ``required measurements

needed to achieve compliance with a relevant standard (including, but

not limited to 15-minute averages of CMS data . . . ),'' which is

consistent with the monitoring requirements laid out in Sec. 63.8.

Similarly, Sec. 60.7(f) requires retention of all continuous monitoring

system device measurements, which builds from the requirement in

Sec. 60.13(e)(2) to measure and record data for each successive 15-

minute period.

B. 40 CFR Part 60, Subparts D, Da, Db, and Dc

Several commenters supported the EPA's proposal to reduce reporting

frequency for part 60 subparts D, Da, Db, and Dc boilers from quarterly

to semi-annual. The EPA will implement the proposed changes with this

document. In addition, the EPA has made other minor changes to related

language in these subparts to clarify the semi-annual reporting

requirements.

One commenter further suggested that the EPA accept the semi-annual

reporting requirement for steam generators that are subject to part 75

(the acid rain program). This commenter explained that many units

subject to subpart D are also subject to part 75, and would not benefit

from the proposed revisions unless they were accepted for compliance

with part 75 also. One commenter disagreed, preferring that both part

75 and part 60 retain the quarterly reporting requirement. This

commenter stated that the quarterly data are used to determine

continuous compliance, and the change would not reduce the reporting

burden on sources.

One commenter suggested that the EPA could further reduce the

regulatory

[[Page 7460]]

burden for subpart Dc boilers by eliminating the reporting requirement

in Secs. 60.48c(f)(1) and 60.48c(e)(11) regarding fuel supplier

certification, and allowing record keeping to document compliance. This

commenter said that the record keeping provisions in Sec. 60.48c(e)(11)

should also be simplified to allow the affected facility to maintain

records that the supplier is contractually obligated to provide fuel

oil.

Revisions to part 75 are not within the scope of this rulemaking.

However, the EPA will consider whether part 75 should be amended to

require semi-annual, rather than quarterly, reporting in future

rulemakings. States are not precluded from adopting more stringent

requirements than the Federal regulations and are free to maintain

quarterly reporting requirements for any CEMs or COMs data that may be

required under parts 60, 61, and 63. The EPA will also consider the

proposal to replace the reporting requirements in Secs. 60.48c(f)(1)

and 60.48c(e)(11) with record keeping requirements in future

rulemakings.

C. 40 CFR Part 60, Subpart Ea

One commenter opposed changing the reporting requirements for

municipal waste combustors from quarterly to semi-annual because these

sources may potentially be opt-in units subject to the part 75

regulations, which require quarterly reporting. This commenter reasoned

that acid rain municipal waste combustors are controversial sources

that the public perceives as an environmental problem, and that the

change would not reduce the reporting burden.

The Agency recognizes that State and local agencies may elect to be

more stringent than the Federal regulations and require quarterly

reporting for identified source categories such as municipal waste

combustors. However, the EPA does not believe that any changes from the

proposed rule are needed, in this case. The EPA has made minor wording

changes to the final language to clarify the reporting requirements for

affected sources.

D. 40 CFR Part 51, Subpart Q

Two commenters opposed the EPA's proposal to raise the emission

reporting threshold from 100 to 200 tons per year (tpy). Both

commenters indicated that a higher threshold would not reduce the

source reporting burden, as the 100 tpy threshold information would

still be required by the States to determine whether other Clean Air

Act programs would apply.

The EPA did not propose the change to reduce the amount of

information collected by the States. The Agency recognizes that the

States gather this information to support their own planning and

permitting purposes and do not gather this information in response to

this rule. The proposed change focuses on reducing the amount of the

information that States transfer to the EPA (and the burden that

results from this transfer of information).

One commenter suggested that the EPA should revamp the entire

subpart. The commenter identified four ways in which the Agency should

revise the regulation: (1) Allow an additional six months for

facilities to provide information to the States and for the States to

then enter the data into their system for transferral to the Aerometric

Information Retrieval System (AIRS); (2) Decrease the reporting of data

items; (3) Update the users' manuals and forms for data submittal; and

(4) Delete the requirement for HATREMS in Sec. 51.323, as it no longer

exists.

In general, the purpose of the proposed change is directed at

reducing the burden that results from the States transmitting data to

the EPA. The burden on industry to report this data to the States does

not result from this rule. States require their industries to report

such information for the States' own planning and permitting purposes.

The EPA also considered the specific suggestions raised by the

commenters. During recent discussions in a joint EPA/State and local

work group, State and local representatives (STAPPA/ALAPCO) agreed that

a 6-month schedule made sense and was feasible even if extending the

time period is contrary to the need for timely emissions data. Second,

the rule does not require most of the data items supported by AIRS;

however, AIRS includes these data items at the request of State and

local agencies to support their own program needs. Reporting additional

data items is completely voluntary. Third, the EPA has acknowledged the

need for updating Sec. 51.323 as part of the burden reduction exercise

and has done so in the final amendments. Finally, the Agency agrees

with the need for removing any reference to HATREMS; however, the

Agency views moving data reporting to the facility level as

inappropriate because of the limited usefulness of such data.

E. 40 CFR Part 60, Subpart AAA

As part of the record keeping and reporting burden reduction

initiative, the Agency proposed to revise part 60, subpart AAA--NSPS;

New Residential Wood Heaters. The proposed revisions included editorial

changes for two provisions of the rule, and deletion of the entire

prohibitions section.

Written comments on the proposed changes to the wood heater NSPS

were submitted by the Hearth Products Association (HPA), which had no

objection to the two proposed editorial changes. However, they did

object to changes to the prohibitions section of the rule. The HPA's

comments regarding changes to the prohibitions section and the Agency's

response to those comments are addressed in a separate Federal Register

notice (see Docket #A-95-50 IV-E-01 and 02).

After reviewing the comments received, the Agency is proceeding

with the editorial changes. These modifications to the rule will make

it easier to understand as well as administer; thereby, reducing the

resources needed to achieve compliance with the rule. However, the

Agency has decided to revise Sec. 60.538, Prohibitions, in a separate

Federal Register notice (see Docket #A-95-50 IV-E-01 and 02).

F. 40 CFR Part 61, Subpart F

As part of the record keeping and reporting burden reduction

initiative, the Agency solicited comment on the concept of removing the

requirement for the fixed-point monitoring system and associated record

keeping from the vinyl chloride standard.

Written comments explained that area monitoring requirements in the

vinyl chloride NESHAP rule should be eliminated because they are

duplicative of and less effective than instrumental monitoring; that

computerized leak detecting systems or other similar devices would be

more effective in identifying major releases; that the Hazardous

Organic NESHAP (HON) rule applies to all facilities subject to the

vinyl chloride NESHAP and supersedes that rule; and that area

monitoring is extremely costly. The commenter requested that the EPA

consider replacing the area monitoring program with the use of the Leak

Detection and Repair (LDAR) program.

The EPA agrees that a continuous area monitoring program has

significant costs, and that the area monitoring program is less

effective in detecting leaking equipment than a leak detection and

repair program using instrumental monitoring. The EPA disagrees with

the comment regarding the Hazardous Organic NESHAP (HON) applying to

all facilities subject to the vinyl chloride NESHAP. The HON leak

detection and repair program applies to operations which produce

ethylene dichloride (EDC) and vinyl chloride monomer (VCM) as primary

products, but does not apply to polyvinyl chloride or

[[Page 7461]]

copolymers production. And, the HON does not supersede the area

monitoring requirements of the vinyl chloride NESHAP. The EPA regards

the area monitoring role as distinctly different than that of a leak

detection program, although at times the area monitoring is a helpful

indicator when leaks exist. The EPA regards continuous area monitoring

as the most reliable way to quickly detect major releases from process

equipment including but not limited to leaking equipment. The EPA is

open to innovative ways to achieve the same result in a less costly

way. In recent cases, process related releases have occurred that would

have been unnoticed by leak detection and repair procedures, and would

have gone undetected for extended periods had it not been for an area

monitoring program. These types of releases can be extremely harmful to

human health and the environment, and the liability for these releases

could be far more costly than the area monitoring requirements. For

these reasons the EPA does not intend to make any change to the area

monitoring requirements at this time.

G. Additional Burden Reductions

Suggestions for additional burden reduction included: (1) merging

the part 60 reporting requirements with the emission inventory

requirements to create a single coordinated set of requirements; (2)

allowing the title V permitting authority to exempt area sources of

hazardous air pollutants (HAP) from the startup, shutdown, and

malfunction plan required under Sec. 63.10(d)(5)(i) and (ii); (3)

eliminating Sec. 50.145(a)(2), as notifications of otherwise unrelated

activities are good candidates for deletion; and (4) Eliminating all

routine reports of compliance information under parts 60, 61, and 63

for sources that have title V permits.

One commenter requested that the EPA reduce the vinyl chloride

NESHAP reporting requirement from quarterly to semi-annual.

One commenter explained in detail why the incidental wood furniture

manufacturing requirements were onerous, and proposed three solutions

to remedy the problems with the record keeping requirements of the

rule: (1) eliminate the record keeping requirements for incidental wood

manufacturers; (2) limit the record keeping requirement to incidental

wood furniture manufacturers who make furniture for commercial sale; or

(3) replace the record keeping requirements with a one-time

certification that the facility does not use more than 100 gallons per

month in manufacturing wood furniture. The commenter recommended the

second approach, and suggested revisions to the language at

Sec. 63.800(a) to implement the change.

The EPA is committed to reducing regulatory burden. The Agency

appreciates the positive response to its proposals, and will continue

to seek ways to minimize record keeping and reporting requirements in

future rulemakings.

II. Administrative Requirements

A. Docket

The docket for this rulemaking is A-95-50. The docket is an

organized and complete file of all the information submitted to or

otherwise considered by the EPA in the development of this rulemaking.

The principle purposes of the docket are: (1) to allow interested

parties a means to identify and locate documents so that they can

effectively participate in the rulemaking process; and (2) to serve as

the record in case of judicial review (except for interagency review

materials) (Section 307(d)(7)(A) of the Act). The docket is available

for public inspection at the EPA's Air and Radiation Docket and

Information Center, the location of which is given in the ADDRESSES

section of this document.

B. Analysis Under E.O. 12866, the Unfunded Mandates Reform Act of 1995,

the Regulatory Flexibility Act, and the Small Business Regulatory

Enforcement Fairness Act of 1996

Because the regulatory revisions that are the subject of today's

document would reduce the regulatory burden, this action is not a

``significant'' regulatory action within the meaning of Executive Order

12866, and does not impose any Federal mandate on State, local and

tribal governments or the private sector within the meaning of the

Unfunded Mandates Reform Act of 1995. Further, the EPA has determined

that it is not necessary to prepare a regulatory flexibility analysis

in connection with this action under the Regulatory Flexibility Act and

the Small Business Regulatory Enforcement Fairness Act of 1996. The

regulatory changes proposed here are expected to reduce regulatory

burdens on small businesses, and are not expected to have any adverse

effect on small businesses. Therefore, the EPA certifies that this rule

will not have a significant impact on a substantial number of small

entities.

C. Paperwork Reduction Act

The revisions to existing standards are intended to reduce existing

record keeping and reporting requirements. In the proposal notice (61

FR 47840), the EPA explained the changes, identified who would be

affected by the changes, and estimated the reductions associated with

each change. The EPA also requested comment on all aspects of the

paperwork burden reductions, including the number of affected entities

and estimate of burden reduction. Comments on the proposed rule

revisions were generally favorable, and acknowledged the burden

reduction that would occur due to the proposed changes. Although there

were no quantitative estimates of burden reduction, public comments in

particular recognized the burden reduction that would occur as a result

of the changes from quarterly to semi-annual reporting and of deleting

notification of the anticipated date of initial startup. There were no

public comments on the EPA's numerical estimates of burden reduction in

the proposal (61 FR 47841). As the result of EPA's analysis of the

public comments received on technical aspects of the proposed changes,

the EPA is making only minor, insignificant changes to the proposed

rule in the promulgated version of the revisions. Therefore, the EPA's

original estimate of the record keeping and reporting burden due to the

revisions remains unchanged from proposal.

D. National Technology Transfer and Advancement Act

Under Section 12 of the National Technology Transfer and

Advancement Act of 1995, the EPA must consider the use of ``voluntary

consensus standards,'' if available and applicable, when implementing

policies and programs, unless it would be ``inconsistent with

applicable law or otherwise impractical.'' The intent of the National

Technology Transfer and Advancement Act is to reduce the costs to the

private and public sectors by requiring federal agencies to draw upon

any existing, suitable technical standards used in commerce or

industry.

A ``voluntary consensus standard'' is a technical standard

developed or adopted by a legitimate standards-developing organization.

The Act defines ``technical standards'' as ``performance-based or

design-specific technical specifications and related management systems

practices.'' A legitimate standards-developing organization must

produce standards by consensus and observe principles of due process,

openness, and balance of interests. Examples of organizations that are

regarded as legitimate standards-developing organizations include the

American Society for Testing and

[[Page 7462]]

Materials (ASTM), International Organization for Standardization (ISO),

International Electrotechnical Commission (IEC), American Petroleum

Institute (API), National Fire Protection Association (NFPA) and

Society of Automotive Engineers (SAE).

Since today's action does not involve the establishment or

modification of technical standards, the requirements of the National

Technology Transfer and Advancement Act do not apply.

E. Executive Order 13045--Protection of Children From Environmental

Health Risks and Safety Risks

Executive Order 13045, entitled Protection of Children from

Environmental Health Risks and Safety Risks (62 FR 19885, April 23,

1997), applies to any rule that (1) OMB determines is ``economically

significant'' as defined under Executive Order 12866, and (2) EPA

determines the environmental health or safety risk addressed by the

rule has a disproportionate effect on children. If the regulatory

action meets both criteria, the Agency must evaluate the environmental

health or safety aspects of the planned rule on children, and explain

why the planned regulation is preferable to other potentially effective

and reasonably feasible alternatives considered by the Agency.

These regulatory revisions are not subject to the Executive Order

because it is not economically significant as defined in E.O. 12866,

and because the Agency does not have reason to believe the

environmental health or safety risks addressed by this action present a

disproportionate risk to children.

F. Executive Order 13084--Consultation and Coordination with Indian

Tribal Governments

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. These rule revisions impose

no enforceable duties on these entities. Rather, these rule revisions

reduce burdens associated with certain regulatory requirements.

Accordingly, the requirements of section 3(b) of Executive Order 13084

do not apply to this rule.

G. Executive Order 12875: Enhancing the Intergovernmental Partnership

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule changes do not create a mandate on State, local or

tribal governments. The rule changes do not impose any enforceable

duties on these entities. Rather, the rule changes reduce recordkeeping

and reporting burden for certain regulatory requirements. Accordingly,

the requirements of section 1(a) of Executive Order 12875 do not apply

to this rule.

H. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take affect, the agecy promulgating the

rule must submit a rule report, which includes a copy of the rule, to

each House of the Congress and to the Comptroller General of the United

States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This action is not

a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be

effective April 13, 1999.

Statutory Authority: The statutory authority for this action is

provided by Sections 101, 112, 114, 116, and 301 of the Clean Air

Act, as amended, 42 U.S.C. 7401, 7412, 7414, 7416, and 7601.

List of Subjects

40 CFR Part 51

Environmental protection, Air pollution control, Reporting and

recordkeeping requirements.

40 CFR Part 60

Environmental protection, Air pollution control, Reporting and

recordkeeping requirements.

40 CFR Part 61

Environmental protection, Air pollution control, Reporting and

recordkeeping requirements.

40 CFR Part 63

Environmental protection, Air pollution control, Reporting and

recordkeeping requirements.

Dated: February 4, 1999.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble title 40, chapter I of the

Code of Federal Regulations is to be amended as follows:

PART 51--[AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 42 U.S. C. 7401-7671q.

Subpart Q--[Amended]

2. Section 51.322 is amended by revising paragraphs (a)(1) and

(a)(2) to read as follows:

Sec. 51.322 Sources subject to emissions reporting.

(a) * * *

(1) For particulate matter, PM10, sulfur oxides, VOC and

nitrogen oxides, any facility that actually emits a total of 181.4

metric tons (200 tons) per year or more of any one pollutant. For

particulate matter emissions, the reporting requirement ends with the

[[Page 7463]]

reporting of calendar year 1987 emissions. For PM10

emissions, the reporting requirement begins with the reporting of

calendar year 1988 emissions.

(2) For carbon monoxide, any facility that actually emits a total

of 1814 metric tons (2000 tons) per year or more.

* * * * *

3. Section 51.323 is amended by removing and reserving paragraph

(a)(2) and revising paragraphs (a)(1), (a)(3), and (b) to read as

follows:

Sec. 51.323 Reportable emissions data and information.

(a) * * *

(1) Emissions of particulate matter (PM10), sulfur oxides, carbon

monoxide, nitrogen oxides, VOC and lead or lead compounds measured as

elemental lead as specified by the AIRS Facility Subsystem User's Guide

AF2 ``AFS Data Coding'' (EPA-454/B-94-004) point source coding form,

(2) [Reserved].

(3) Emissions of PM 2.5 as will be specified in a future guideline.

(b) Such emissions data and information specified in paragraph (a)

of this section must be submitted to the AIRS/AFS database via either

online data entry or batch update system.

* * * * *

PART 60--[AMENDED]

1. The authority citation for part 60 is revised to read as

follows:

Authority: 42 U.S.C. 7401-7601.

Subpart A--[Amended]

2. Section 60.7 is amended by removing and reserving paragraph

(a)(2) and revising paragraphs (a) introductory text and (c)

introductory text, the last sentence of paragraph (f), and adding

paragraphs (f)(1), (f)(2), and (f)(3) to read as follows:

Sec. 60.7 Notification and recordkeeping.

* * * * *

(a) Any owner or operator subject to the provisions of this part

shall furnish the Administrator written notification or, if acceptable

to both the Administrator and the owner or operator of a source,

electronic notification, as follows:

* * * * *

(c) Each owner or operator required to install a continuous

monitoring device shall submit excess emissions and monitoring systems

performance report (excess emissions are defined in applicable

subparts) and-or summary report form (see paragraph (d) of this

section) to the Administrator semiannually, except when: more frequent

reporting is specifically required by an applicable subpart; or the

Administrator, on a case-by-case basis, determines that more frequent

reporting is necessary to accurately assess the compliance status of

the source. All reports shall be postmarked by the 30th day following

the end of each six-month period. Written reports of excess emissions

shall include the following information:

* * * * *

(f) * * * The file shall be retained for at least two years

following the date of such measurements, maintenance, reports, and

records, except as follows;

(1) This paragraph applies to owners or operators required to

install a continuous emissions monitoring system (CEMS) where the CEMS

installed is automated, and where the calculated data averages do not

exclude periods of CEMS breakdown or malfunction. An automated CEMS

records and reduces the measured data to the form of the pollutant

emission standard through the use of a computerized data acquisition

system. In lieu of maintaining a file of all CEMS subhourly

measurements as required under paragraph (f) of this section, the owner

or operator shall retain the most recent consecutive three averaging

periods of subhourly measurements and a file that contains a hard copy

of the data acquisition system algorithm used to reduce the measured

data into the reportable form of the standard.

(2) This paragraph applies to owners or operators required to

install a CEMS where the measured data is manually reduced to obtain

the reportable form of the standard, and where the calculated data

averages do not exclude periods of CEMS breakdown or malfunction. In

lieu of maintaining a file of all CEMS subhourly measurements as

required under paragraph (f) of this section, the owner or operator

shall retain all subhourly measurements for the most recent reporting

period. The subhourly measurements shall be retained for 120 days from

the date of the most recent summary or excess emission report submitted

to the Administrator.

(3) The Administrator or delegated authority, upon notification to

the source, may require the owner or operator to maintain all

measurements as required by paragraph (f) of this section, if the

Administrator or the delegated authority determines these records are

required to more accurately assess the compliance status of the

affected source.

* * * * *

3. Section 60.8 is amended by revising paragraph (d) to read as

follows:

Sec. 60.8 Performance tests.

* * * * *

(d) The owner or operator of an affected facility shall provide the

Administrator at least 30 days prior notice of any performance test,

except as specified under other subparts, to afford the Administrator

the opportunity to have an observer present. If after 30 days notice

for an initially scheduled performance test, there is a delay (due to

operational problems, etc.) in conducting the scheduled performance

test, the owner or operator of an affected facility shall notify the

Administrator (or delegated State or local agency) as soon as possible

of any delay in the original test date, either by providing at least 7

days prior notice of the rescheduled date of the performance test, or

by arranging a rescheduled date with the Administrator (or delegated

State or local agency) by mutual agreement.

* * * * *

3A. Section 60.13 is amended by revising the fourth sentence in

paragraph (h) to read as follows:

Sec. 60.13 Monitoring requirements.

* * * * *

(h) * * *Data recorded during periods of continuous system

breakdown, repair, calibration checks, and zero and span adjustments

shall not be included in the data averages computed under this

paragraph. For owners and operators complying with the requirements in

Sec. 60.7(f) (1) or (2), data averages must include any data recorded

during periods of monitor breakdown or malfunction. * * *

* * * * *

4. Section 60.19 is amended by revising paragraph (b) to read as

follows:

Sec. 60.19 General notification and reporting requirements.

* * * * *

(b) For the purposes of this part, if an explicit postmark deadline

is not specified in an applicable requirement for the submittal of a

notification, application, report, or other written communication to

the Administrator, the owner or operator shall postmark the submittal

on or before the number of days specified in the applicable

requirement. For example, if a notification must be submitted 15 days

before a particular event is scheduled to take place, the notification

shall be postmarked on or before 15 days preceding the event; likewise,

if a notification must be submitted 15 days after a particular event

takes place, the

[[Page 7464]]

notification shall be delivered or postmarked on or before 15 days

following the end of the event. The use of reliable non-Government mail

carriers that provide indications of verifiable delivery of information

required to be submitted to the Administrator, similar to the postmark

provided by the U.S. Postal Service, or alternative means of delivery,

including the use of electronic media, agreed to by the permitting

authority, is acceptable.

* * * * *

Subpart D--[Amended]

5. Section 60.45 is amended by revising paragraph (g) introductory

text to read as follows:

Sec. 60.45 Emission and fuel monitoring.

* * * * *

(g) Excess emission and monitoring system performance reports shall

be submitted to the Administrator semiannually for each six-month

period in the calendar year. All semiannual reports shall be postmarked

by the 30th day following the end of each six-month period. Each excess

emission and MSP report shall include the information required in

Sec. 60.7(c). Periods of excess emissions and monitoring systems (MS)

downtime that shall be reported are defined as follows:

* * * * *

Subpart Da--[Amended]

6. Section 60.49a is amended by revising paragraph (i) to read as

follows:

Sec. 60.49a Reporting requirements.

* * * * *

(i) The owner or operator of an affected facility shall submit the

written reports required under this section and subpart A to the

Administrator semiannually for each six-month period. All semiannual

reports shall be postmarked by the 30th day following the end of each

six-month period.

* * * * *

Subpart Db--[Amended]

7. Section 60.49b is amended by revising paragraphs (d), (e), (h)

introductory text, (i), (j), (k)(2), (k)(3), (m) introductory text, (n)

introductory text, (n)(1), (n)(2), (q) introductory text, (q)(2),

(q)(3), (r), and (s) to read as follows:

Sec. 60.49b Reporting and recordkeeping requirements.

* * * * *

(d) The owner or operator of an affected facility shall record and

maintain records of the amounts of each fuel combusted during each day

and calculate the annual capacity factor individually for coal,

distillate oil, residual oil, natural gas, wood, and municipal-type

solid waste for the reporting period. The annual capacity factor is

determined on a 12-month rolling average basis with a new annual

capacity factor calculated at the end of each calendar month.

(e) For an affected facility that combusts residual oil and meets

the criteria under Secs. 60.46b(e)(4), 60.44b (j), or (k), the owner or

operator shall maintain records of the nitrogen content of the residual

oil combusted in the affected facility and calculate the average fuel

nitrogen content for the reporting period. The nitrogen content shall

be determined using ASTM Method D3431-80, Test Method for Trace

Nitrogen in Liquid Petroleum Hydrocarbons (IBR-see Sec. 60.17), or fuel

suppliers. If residual oil blends are being combusted, fuel nitrogen

specifications may be prorated based on the ratio of residual oils of

different nitrogen content in the fuel blend.

* * * * *

(h) The owner or operator of any affected facility in any category

listed in paragraphs (h) (1) or (2) of this section is required to

submit excess emission reports for any excess emissions which occurred

during the reporting period.

* * * * *

(i) The owner or operator of any affected facility subject to the

continuous monitoring requirements for nitrogen oxides under

Sec. 60.48(b) shall submit reports containing the information recorded

under paragraph (g) of this section.

(j) The owner or operator of any affected facility subject to the

sulfur dioxide standards under Sec. 60.42b shall submit reports.

(k) * * *

(2) Each 30-day average sulfur dioxide emission rate (ng/J or 1b/

million Btu heat input) measured during the reporting period, ending

with the last 30-day period; reasons for noncompliance with the

emission standards; and a description of corrective actions taken.

(3) Each 30-day average percent reduction in sulfur dioxide

emissions calculated during the reporting period, ending with the last

30-day period; reasons for noncompliance with the emission standards;

and a description of corrective actions taken.

* * * * *

(m) For each affected facility subject to the sulfur dioxide

standards under Sec. 60.42(b) for which the minimum amount of data

required under Sec. 60.47b(f) were not obtained during the reporting

period, the following information is reported to the Administrator in

addition to that required under paragraph (k) of this section:

* * * * *

(n) If a percent removal efficiency by fuel pretreatment (i.e., %

Rf) is used to determine the overall percent reduction

(i.e., % Ro) under Sec. 60.45b, the owner or operator of the

affected facility shall submit a signed statement with the report.

(1) Indicating what removal efficiency by fuel pretreatment (i.e.,

% Rf) was credited during the reporting period;

(2) Listing the quantity, heat content, and date each pre-treated

fuel shipment was received during the reporting period, the name and

location of the fuel pretreatment facility; and the total quantity and

total heat content of all fuels received at the affected facility

during the reporting period.

* * * * *

(q) The owner or operator of an affected facility described in

Sec. 60.44b(j) or Sec. 60.44b(k) shall submit to the Administrator a

report containing:

* * * * *

(2) The average fuel nitrogen content during the reporting period,

if residual oil was fired; and

(3) If the affected facility meets the criteria described in

Sec. 60.44b(j), the results of any nitrogen oxides emission tests

required during the reporting period, the hours of operation during the

reporting period, and the hours of operation since the last nitrogen

oxides emission test.

(r) The owner or operator of an affected facility who elects to

demonstrate that the affected facility combusts only very low sulfur

oil under Sec. 60.42b(j)(2) shall obtain and maintain at the affected

facility fuel receipts from the fuel supplier which certify that the

oil meets the definition of distillate oil as defined in Sec. 60.41b.

For the purposes of this section, the oil need not meet the fuel

nitrogen content specification in the definition of distillate oil.

Reports shall be submitted to the Administrator certifying that only

very low sulfur oil meeting this definition was combusted in the

affected facility during the reporting period.

(s) The reporting period for the reports required under this

subpart is each six-month period. All reports shall be submitted to the

Administrator and shall be postmarked by the 30th day following the end

of the reporting period.

[[Page 7465]]

Subpart Dc--[Amended]

8. Section 60.48c is amended by revising paragraphs (c), (d), (e)

introductory text, (e)(2), (e)(3), and (e)(11); and by adding paragraph

(j) to read as follows:

Sec. 60.48c Reporting and recordkeeping requirements.

* * * * *

(c) The owner or operator of each coal-fired, residual oil-fired,

or wood-fired affected facility subject to the opacity limits under

Sec. 60.43c(c) shall submit excess emission reports for any excess

emissions from the affected facility which occur during the reporting

period.

(d) The owner or operator of each affected facility subject to the

SO2 emission limits, fuel oil sulfur limits, or percent

reduction requirements under Sec. 60.42c shall submit reports to the

Administrator.

(e) The owner or operator of each affected facility subject to the

SO2 emission limits, fuel oil sulfur limits, or percent

reduction requirements under Sec. 60.43c shall keep records and submit

reports as required under paragraph (d) of this section, including the

following information, as applicable.

* * * * *

(2) Each 30-day average SO2 emission rate (nj/J or lb/

million Btu), or 30-day average sulfur content (weight percent),

calculated during the reporting period, ending with the last 30-day

period; reasons for any noncompliance with the emission standards; and

a description of corrective actions taken.

(3) Each 30-day average percent of potential SO2

emission rate calculated during the reporting period, ending with the

last 30-day period; reasons for any noncompliance with the emission

standards; and a description of the corrective actions taken.

* * * * *

(11) If fuel supplier certification is used to demonstrate

compliance, records of fuel supplier certification is used to

demonstrate compliance, records of fuel supplier certification as

described under paragraph (f)(1), (2), or (3) of this section, as

applicable. In addition to records of fuel supplier certifications, the

report shall include a certified statement signed by the owner or

operator of the affected facility that the records of fuel supplier

certifications submitted represent all of the fuel combusted during the

reporting period.

* * * * *

(j) The reporting period for the reports required under this

subpart is each six-month period. All reports shall be submitted to the

Administrator and shall be postmarked by the 30th day following the end

of the reporting period.

Subpart Ea--[Amended]

9. Section 60.59a is amended by revising paragraphs (e), (f), and

(g) to read as follows:

Sec. 60.59a Reporting and recordkeeping requirements.

* * * * *

(e)(1) The owner or operator of an affected facility located within

a large MWC plant shall submit annual compliance reports for sulfur

dioxide, nitrogen oxide (if applicable), carbon monoxide, load level,

and particulate matter control device temperature to the Administrator

containing the information recorded under paragraphs (b)(1), (2)(ii),

(4), (5), and (6) of this section for each pollutant or parameter. The

hourly average values recorded under paragraph (b)(2)(i) of this

section are not required to be included in the annual reports.

Combustors firing a mixture of medical waste and other MSW shall also

provide the information under paragraph (b)(15) of this section, as

applicable, in each annual report. The owner or operator of an affected

facility must submit reports semiannually once the affected facility is

subject to permitting requirements under Title V of the Act.

(2) The owner or operator shall submit a semiannual report for any

pollutant or parameter that does not comply with the pollutant or

parameter limits specified in this subpart. Such report shall include

the information recorded under paragraph (b)(3) of this section. For

each of the dates reported, include the sulfur dioxide, nitrogen oxide,

carbon monoxide, load level, and particulate matter control device

temperature data, as applicable, recorded under paragraphs

(b)(2)(ii)(A) through (D) of this section.

(3) Reports shall be postmarked no later than the 30th day

following the end of the annual or semiannual period, as applicable.

(f)(1) The owner or operator of an affected facility located within

a large MWC plant shall submit annual compliance reports, as

applicable, for opacity. The annual report shall list the percent of

the affected facility operating time for the reporting period that the

opacity CEMS was operating and collecting valid data. Once the unit is

subject to permitting requirements under Title V of the Act, the owner

or operator of an affected facility must submit these reports

semiannually.

(2) The owner or operator shall submit a semiannual report for all

periods when the 6-minute average levels exceeded the opacity limit

under Sec. 60.52a. The semiannual report shall include all information

recorded under paragraph (b)(3) of this section which pertains to

opacity, and a listing of the 6-minute average opacity levels recorded

under paragraph (b)(2)(i)(A) of this section, which exceeded the

opacity limit.

(3) Reports shall be postmarked no later than the 30th day

following the end of the annual of semiannual period, as applicable.

(g)(1) The owner or operator of an affected facility located within

a large MWC plant shall submit reports to the Administrator of all

annual performance tests for particulate matter, dioxin/furan, and

hydrogen chloride as recorded under paragraph (b)(7) of this section,

as applicable, from the affected facility. For each annual dioxin/furan

compliance test, the maximum demonstrated MWC unit load and maximum

demonstrated particulate matter control device temperature shall be

reported. Such reports shall be submitted when available and in no case

later than the date of required submittal of the annual report

specified under paragraphs (e) and (f) of this section, or within six

months of the date the test was conducted, whichever is earlier.

(2) The owner or operator shall submit a report of test results

which document any particulate matter, dioxin/furan, and hydrogen

chloride levels that were above the applicable pollutant limit. The

report shall include a copy of the test report documenting the emission

levels and shall include the corrective action taken. Such reports

shall be submitted when available and in no case later than the date

required for submittal of any semiannual report required in paragraphs

(e) or (f) of this section, or within six months of the date the test

was conducted, whichever is earlier.

* * * * *

Subpart J--[Amended]

10. Section 60.107 is amended by revising paragraphs (a), (c)

introductory text, (d), and (e) to read as follows:

Sec. 60.107 Reporting and recordkeeping requirements.

* * * * *

(a) Each owner or operator subject to Sec. 60.104(b) shall notify

the Administrator of the specific provisions of Sec. 60.104(b) with

which the owner or operator seeks to comply. Notification

[[Page 7466]]

shall be submitted with the notification of initial startup required by

Sec. 60.7(a)(3). If an owner or operator elects at a later date to

comply with an alternative provision of Sec. 60.104(b), then the

Administrator shall be notified by the owner or operator in the report

described in paragraph (c) of this section.

* * * * *

(c) Each owner or operator subject to Sec. 60.104(b) shall submit a

report except as provided by paragraph (d) of this section. The

following information shall be contained in the report:

* * * * *

(d) For any periods for which sulfur dioxide or oxides emissions

data are not available, the owner or operator of the affected facility

shall submit a signed statement indicating if any changes were made in

operation of the emission control system during the period of data

unavailability which could affect the ability of the system to meet the

applicable emission limit. Operations of the control system and

affected facility during periods of data unavailability are to be

compared with operation of the control system and affected facility

before and following the period of data unavailability.

(e) The owner or operator of an affected facility shall submit the

reports required under this subpart to the Administrator semiannually

for each six-month period. All semiannual reports shall be postmarked

by the 30th day following the end of each six-month period.

* * * * *

11. Section 60.108 is amended by revising paragraph (e) to read as

follows:

Sec. 60.108 Performance test and compliance provisions.

* * * * *

(e) Each owner or operator subject to Sec. 60.104(b) who has

demonstrated compliance with one of the provisions of Sec. 60.104(b)

but a later date seeks to comply with another of the provisions of

Sec. 60.104(b) shall begin conducting daily performance tests as

specified under paragraph (d) of this section immediately upon electing

to become subject to one of the other provisions of Sec. 60.104(b). The

owner or operator shall furnish the Administrator with a written

notification of the change in the semiannual report required by

Sec. 60.107(e).

Subpart CC--[Amended]

12. Section 60.293 is amended by revising paragraphs (c)(4),

(c)(5), (d)(3) introductory text and (d)(3)(iii) to read as follows:

Sec. 60.293 Standards for particulate matter from glass melting

furnace with modified-processes.

* * * * *

(c) * * *

(4) Determine, based on the 6-minute opacity averages, the opacity

value corresponding to the 99 percent upper confidence level of a

normal distribution of average opacity values.

(5) For the purposes of Sec. 60.7, report to the Administrator as

excess emissions all of the 6-minute periods during which the average

opacity, as measured by the continuous monitoring system installed

under paragraph (c)(1) of this section, exceeds the opacity value

corresponding to the 99 percent upper confidence level determined under

paragraph (c)(4) of this section.

(d) * * *

(3) An owner or operator may redetermine the opacity value

corresponding to the 99 percent upper confidence level as described in

paragraph (c)(4) of this section if the owner or operator:

* * * * *

(iii) Uses the redetermined opacity value corresponding to the 99

percent upper confidence level for the purposes of paragraph (c)(5) of

this section.

* * * * *

Subpart NN--[Amended]

13. Section 60.403 is amended by revising paragraph (f) to read as

follows:

Sec. 60.403 Monitoring of emissions and operations.

* * * * *

(f) Any owner or operator subject to the requirements under

paragraph (c) of this section shall report on a frequency specified in

Sec. 60.7(c) all measurement results that are less than 90 percent of

the average levels maintained during the most recent performance test

conducted under Sec. 60.8 in which the affected facility demonstrated

compliance with the standard under Sec. 60.402.

Subpart XX--[Amended]

14. Section 60.502 is amended by revising paragraphs (e)(3) and

(e)(4) to read as follows:

Sec. 60.502 Standards for Volatile Organic Compound (VOC) emissions

from bulk gasoline terminals.

* * * * *

(e) * * *

(3)(i) The owner or operator shall cross-check each tank

identification number obtained in paragraph (e)(2) of this section with

the file of tank vapor tightness documentation within 2 weeks after the

corresponding tank is loaded, unless either of the following conditions

is maintained:

(A) If less than an average of one gasoline tank truck per month

over the last 26 weeks is loaded without vapor tightness documentation

then the documentation cross-check shall be performed each quarter; or

(B) If less than an average of one gasoline tank truck per month

over the last 52 weeks is loaded without vapor tightness documentation

then the documentation cross-check shall be performed semiannually.

(ii) If either the quarterly or semiannual cross-check provided in

paragraphs (e)(3)(i) (A) through (B) of this section reveals that these

conditions were not maintained, the source must return to biweekly

monitoring until such time as these conditions are again met.

(4) The terminal owner or operator shall notify the owner or

operator of each non-vapor-tight gasoline tank truck loaded at the

affected facility within 1 week of the documentation cross-check in

paragraph (e)(3) of this section.

* * * * *

Subpart AAA--[Amended]

15. Section 60.531 is amended by revising the definition for ``wood

heater'' to read as follows:

Sec. 60.531 Definitions.

* * * * *

Wood heater means an enclosed, wood burning appliance capable of

and intended for space heating or domestic water heating that meets all

of the following criteria:

(1) An air-to-fuel ratio in the combustion chamber averaging less

than 35-to-1 as determined by the test procedure prescribed in

Sec. 60.534 performed at an accredited laboratory;

(2) A usable firebox volume of less than 20 cubic feet;

(3) A minimum burn rate of less than 5 kg/hr as determined by the

test procedure prescribed in Sec. 60.534 performed at an accredited

laboratory; and

(4) A maximum weight of 800 kg. In determining the weight of an

appliance for these purposes, fixtures and devices that are normally

sold separately, such as flue pipe, chimney, and masonry components

that are not an integral part of the appliance or heat distribution

ducting, shall not be included.

16. Section 60.536 is amended by revising paragraph (f)(3) to read

as follows:

Sec. 60.536 Permanent label, temporary label, and owner's manual.

* * * * *

[[Page 7467]]

(f) * * *

(3) If an appliance is a coal-only heater as defined in

Sec. 60.530, the following statement shall appear on the permanent

label:

U.S. Environmental Protection Agency

This heater is only for burning coal. Use of any other solid fuel

except for coal ignition purposes is a violation of Federal law.

* * * * *

Subpart SSS--[Amended]

17. Section 60.714 is amended by revising paragraph (a) to read as

follows:

Sec. 60.714 Installation of monitoring devices and recordkeeping.

* * * * *

(a) Each owner or operator of an affected coating operation that

utilizes less solvent annually than the applicable cutoff provided in

Sec. 60.710(b) and that is not subject to Sec. 60.712 (standards for

coating operations) shall maintain records of actual solvent use.

* * * * *

18. Section 60.717 is amended by revising paragraphs (c) and (d)

introductory text, to read as follows:

Sec. 60.717 Reporting and monitoring requirements.

* * * * *

(c) Each owner or operator of an affected coating operation

initially utilizing less than the applicable volume of solvent

specified in Sec. 60.710(b) per calendar year shall report the first

calendar year in which actual annual solvent use exceeds the applicable

volume.

(d) Each owner or operator of an affected coating operation, or

affected coating mix preparation equipment subject to Sec. 60.712(c),

shall submit semiannual reports to the Administrator documenting the

following:

* * * * *

PART 61--[AMENDED]

1. The authority citation for part 61 continues to read as follows:

Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.

Subpart A--[Amended]

2. Section 61.04 is amended by revising paragraph (b) introductory

text to read as follows:

Sec. 61.04 Address.

* * * * *

(b) Section 112(d) of the Act directs the Administrator to delegate

to each State, when appropriate, the authority to implement and enforce

national emission standards for hazardous air pollutants for stationary

sources located in such State. If the authority to implement and

enforce a standard under this part has been delegated to a State, all

information required to be submitted to EPA under paragraph (a) of this

section shall also be submitted to the appropriate State agency

(provided, that each specific delegation may exempt sources from a

certain Federal or State reporting requirement). The Administrator may

permit all or some of the information to be submitted to the

appropriate State agency only, instead of to EPA and the State agency.

If acceptable to both the Administrator and the owner or operator of a

source, notifications and reports may be submitted on electronic media.

The appropriate mailing address for those States whose delegation

request has been approved is as follows:

* * * * *

Subpart L--[Amended]

3. Section 61.139 is amended by removing paragraphs (i)(1)(ii), and

paragraph (j)(3); re-designating paragraph (i)(1)(iv) as paragraph

(i)(1)(ii); re-designating paragraph (i)(1)(v) as paragraph (i)(1)(iv);

and revising newly designated paragraph (i)(1)(ii), and paragraphs

(j)(2) introductory text, and (j)(2)(iv) to read as follows:

Sec. 61.139 Provisions for alternative means for process vessels,

storage tanks, and tar-intercepting sumps.

* * * * *

(i) * * *

(1) * * *

(ii) For each carbon absorber, a plan for the method for handling

captured benzene and removed carbon to comply with paragraphs (b)(1)

and (2) of this section.

* * * * *

(j) * * *

(2) The following information shall be reported as part of the

semiannual reports required in Sec. 61.138(f).

* * * * *

(iv) For each vapor incinerator, the owner or operator shall

specify the method of monitoring chosen under paragraph (f)(2) of this

section in the first semiannual report. Any time the owner or operator

changes that choice, he shall specify the change in the first

semiannual report following the change.

* * * * *

Subpart M--[Amended]

4. Section 61.142 is amended by revising paragraph (b)(6) to read

as follows:

Sec. 61.142 Standard for asbestos mills.

* * * * *

(b) * * *

(6) Submit semiannually a copy of visible emission monitoring

records to the Administrator if visible emissions occurred during the

report period. Semiannual reports shall be postmarked by the 30th day

following the end of the six-month period.

* * * * *

5. Section 61.144 is amended by revising paragraph (b)(8) to read

as follows:

Sec. 61.144 Standard for manufacturing.

* * * * *

(b) * * *

(8) Submit semiannually a copy of the visible emission monitoring

records to the Administrator if visible emission occurred during the

report period. Semiannual reports shall be postmarked by the 30th day

following the end of the six-month period.

6. Section 61.147 is amended by revising paragraph (b)(8) to read

as follows:

Sec. 61.147 Standard for fabricating.

* * * * *

(b) * * *

(8) Submit semiannually a copy of the visible emission monitoring

records to the Administrator if visible emission occurred during the

report period. Semiannual reports shall be postmarked by the 30th day

following the end of the six-month period.

Subpart N--[Amended]

7. Section 61.163 is amended by revising paragraph (c)(3) to read

as follows:

Sec. 61.163 Emission monitoring.

* * * * *

(c) * * *

(3) Determine, based on the 6-minute opacity averages, the opacity

value corresponding to the 99 percent upper confidence level of a

normal or log-normal (whichever the owner or operator determines is

more representative) distribution of the average opacity values.

* * * * *

PART 63--[AMENDED]

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

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

[[Page 7468]]

Subpart A--[Amended]

2. Section 63.8 is amended by adding the last sentence in paragraph

(g)(5) to read as follows:

Sec. 63.8 Monitoring requirements.

* * * * *

(g) * * *

(5) * * * For owners or operators complying with the requirements

of Sec. 63.10(b)(2)(vii) (A) or (B), data averages must include any

data recorded during periods of monitor breakdown or malfunction.

Sec. 63.9 [Amended]

3. Section 63.9 is amended by removing and reserving paragraph

(b)(4)(iv).

4. Section 63.10 is amended by adding paragraphs (b)(2)(vii)(A),

(b)(2)(vii)(B), and (b)(2)(vii)(C) and removing and reserving paragraph

(e)(3)(i)(C) to read as follows:

Sec. 63.10 Recordkeeping and reporting requirements.

* * * * *

(b) * * *

(2) * * *

(vii) * * *

(A) This paragraph applies to owners or operators required to

install a continuous emissions monitoring system (CEMS) where the CEMS

installed is automated, and where the calculated data averages do not

exclude periods of CEMS breakdown or malfunction. An automated CEMS

records and reduces the measured data to the form of the pollutant

emission standard through the use of a computerized data acquisition

system. In lieu of maintaining a file of all CEMS subhourly

measurements as required under paragraph (b)(2)(vii) of this section,

the owner or operator shall retain the most recent consecutive three

averaging periods of subhourly measurements and a file that contains a

hard copy of the data acquisition system algorithm used to reduce the

measured data into the reportable form of the standard.

(B) This paragraph applies to owners or operators required to

install a CEMS where the measured data is manually reduced to obtain

the reportable form of the standard, and where the calculated data

averages do not exclude periods of CEMS breakdown or malfunction. In

lieu of maintaining a file of all CEMS subhourly measurements as

required under paragraph (b)(2)(vii) of this section, the owner or

operator shall retain all subhourly measurements for the most recent

reporting period. The subhourly measurements shall be retained for 120

days from the date of the most recent summary or excess emission report

submitted to the Administrator.

(C) The Administrator or delegated authority, upon notification to

the source, may require the owner or operator to maintain all

measurements as required by paragraph (b)(2)(vii), if the administrator

or the delegated authority determines these records are required to

more accurately assess the compliance status of the affected source.

* * * * *

[FR Doc. 99-3252 Filed 2-11-99; 8:45 am]

BILLING CODE 6560-50-P