Air pollutants, hazardous; national emission standards: Oil and natural gas production facilities,

 
CONTENT

[Federal Register: January 3, 2007 (Volume 72, Number 1)]

[Rules and Regulations]

[Page 26-43]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03ja07-11]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0238; FRL-8264-1]

RIN 2060-AM16

National Emission Standards for Hazardous Air Pollutants for Source Categories From Oil and Natural Gas Production Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: This action promulgates national emission standards for hazardous air pollutants to regulate hazardous air pollutant emissions from oil and natural gas production facilities that are area sources. The final national emission standards for hazardous air pollutants for major sources was promulgated on June 17, 1999, but final action with respect to area sources was deferred. Oil and natural gas production is identified in the Urban Air Toxics Strategy as an area source category for regulation under section 112(c)(3) of the Clean Air Act because of benzene emissions from triethylene glycol dehydration units located at such facilities. This final rule also amends a general provision in the regulation to allow the use of an ASTM standard as an alternative test method to EPA Method 18 in the National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities.

DATES: This final rule is effective on January 3, 2007. The incorporation by reference of certain publications listed in these rules is approved by the Director of the Federal Register as of January 3, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2004-0238. All documents in the docket are listed either on the http://www.regulations.gov Web site or in the legacy docket, A-94-04.

Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air and Radiation Docket,

EPA West, Room B-102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air and Radiation 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 make hand deliveries or 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 operations, locations, and telephone numbers. The Docket Center's mailing address for U.S. mail and the procedure for submitting comments to http://www.regulations.gov are not affected by the

flooding and will remain the same.

FOR FURTHER INFORMATION CONTACT: Greg Nizich, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (E143-01), Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-3078; fax number: (919) 541-0246; e-mail address: nizich.greg@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially affected by this final rule include, but are not limited to, the following:

Examples of regulated Category

NAICS Code*

entities

Industry.................. 211111, 211112 Condensate tank batteries, glycol dehydration units, and natural gas processing plants.

* North American Industry Classification System.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility would be regulated by this action, you should examine the applicability criteria in 40 CFR part 63, subpart HH, National Emissions Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities. If you have any 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 rule is also

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available on the Worldwide Web (WWW) through the Technology Transfer Network (TTN). Following the Administrator's 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 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 this final rule is available by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by March 5, 2007. Only those objections to this final rule that were raised with reasonable specificity during the period for public comment may be raised during judicial review. Under section 307(b)(2) of the CAA, the requirements that are the subject of this final rule may not be challenged later in civil or criminal proceedings brought by EPA to enforce these requirements.

Section 307(d)(7)(B) of the CAA further provides a mechanism for us to convene a proceeding for reconsideration, ``[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.'' Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

Organization of this Document. The information presented in this preamble is organized as follows:

  1. Background Information

    1. What is the statutory authority for this final rule?

    2. What criteria are used in the development of area source standards?

    3. How was this final rule developed? II. Summary of This Final Rule

    4. What source categories are affected by this final rule?

    5. What is the affected source?

    6. What pollutants are emitted and controlled?

    7. Does this final rule apply to me?

    8. What are the emission limitations and work practice standards?

    9. What are the testing and initial compliance requirements?

    10. What are the continuous compliance requirements? III. Significant Changes Since Proposal

    11. Compliance Dates

    12. Applicability Requirements

    13. Startup, Shutdown, and Malfunction Requirements IV. Responses To Significant Comments

    14. What geographic applicability criteria is being used in this final rule?

    15. What urban definition is being used in this final rule?

    16. What are the requirements for remote/unmanned sources? V. Impacts of This Final Rule

    17. What Are The Air Impacts?

    18. What Are The Cost Impacts?

    19. What Are The Economic Impacts?

    20. What Are The Non-Air Environmental and Energy Impacts? VI. Statutory and Executive Order Reviews

    21. Executive Order 12866: Regulatory Planning and Review

    22. Paperwork Reduction Act

    23. Regulatory Flexibility Act

    24. Unfunded Mandates Reform Act of 1995

    25. Executive Order 13132: Federalism

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

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

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

  2. National Technology Transfer and Advancement Act

    1. Congressional Review Act

  3. Background Information

    1. What is the statutory authority for this final rule?

      Sections 112(c)(3) and 112(k)(3)(B) of the CAA instruct us to identify not less than 30 hazardous air pollutants (HAP) which, as a result of emissions from area sources,\1\ present the greatest threat to public health in the largest number of urban areas, and to list sufficient source categories or subcategories to ensure that 90 percent of the emissions of the listed HAP (area source HAP) are subject to regulation. CAA Section 112(c)(3) requires us to regulate these listed area source categories under CAA section 112(d). Section 112(d)(5) of the CAA provides us with the discretion to set standards for area sources according to generally available control technologies (GACT) or management practices in lieu of maximum achievable control technologies (MACT). Unlike MACT, there is no prescription in CAA section 112(d)(5) that standards for existing sources must, at a minimum, be set at the level of emission reduction achieved by the best performing 12 percent of existing sources, or that standards for new sources be set at the level of emission reduction achieved in practice by the best controlled similar source. The legislative history suggests that standards under CAA section 112(d)(5) should ``[reflect] application of generally available control technology--that is, methods, practices, and techniques which are commercially available and appropriate for application by the sources in the category considering economic impacts and the technical capabilities of the firms to operate and maintain the emissions control systems.'' SEN. REP. NO. 101-228, at 171 (1989). Thus, by contrast to MACT, CAA section 112(d)(5) allows us to consider various factors in determining the appropriate standard for a given area source category.

      \1\ Under section 112(a) of the CAA, an area source is a stationary source that is not a major source. A major source, as defined under section 112(a) of the CAA, is a stationary source or a group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any HAP or 25 tons per year or more of any combination of HAP.

    2. What criteria are used in the development of area source standards?

      We are issuing standards for this area source category under CAA section 112(d)(5), in lieu of a MACT standard. There are factors relevant to this area source category that warrant our consideration, and we can properly assess those factors under section 112(d)(5) of the CAA. For example, the locations of oil and natural gas production sources are dictated by the locations of the relevant natural resources rather than a need to serve a particular population center. In addition, these sources do not typically require on-site operators and are usually not manned by large staff, if manned at all. Given the unique nature of these sources, many of these sources are located in remote areas. We believe that a CAA section 112(d)(5) standard is appropriate because it would allow us to adequately address these and other relevant factors, including costs, in promulgating these national emission standards for hazardous air pollutants (NESHAP).

    3. How was this final rule developed?

      We initially proposed NESHAP for the Oil and Natural Gas Production source category on February 6, 1998 (63 FR 6288) that addressed both major and area source oil and natural gas production facilities. CAA Section

      [[Page 28]]

      112(c)(3) authorizes us to list for regulation an area source category ``which the Administrator finds present a threat of adverse effects to human health or the environment * * * warranting regulation.'' In the 1998 proposed NESHAP, we proposed to regulate this area source category pursuant to CAA section 112(c)(3) due to the risks from exposure to benzene emissions from triethylene glycol (TEG) dehydration units at these area sources. Public comments were solicited at the time of the proposal. We received 29 comment letters on the proposed area source standards. On June 17, 1999, we promulgated the NESHAP for major sources of oil and natural gas production (64 FR 32610) but did not finalize either the 1998 proposed listing of this area source category for regulation or the proposed area source standards. Instead, on July 19, 1999, we published the Urban Air Toxics Strategy (Strategy) (64 FR 38706, July 19, 1999). The Strategy included benzene as one of the 30 listed area source HAP under CAA section 112(k)(3)(B)(i). The Strategy also listed oil and natural gas production for regulation under CAA section 112(k)(3)(B)(ii) because TEG dehydration units at oil and natural gas production facilities contributed approximately 47 percent of the national urban benzene emissions from area sources. On July 8, 2005 (70 FR 39443), we published a supplemental proposal to the 1998 proposed area source standards. The 60-day comment period ended on September 6, 2005, and we received 18 comment letters on the supplemental proposal. Today's final rule reflects our consideration of all of the comments received on both the 1998 and 2005 proposed standards for area sources of oil and natural gas production.

  4. Summary of This Final Rule

    1. What source categories are affected by this final rule?

      This final rule affects area source oil and natural gas production facilities. An oil and natural gas production facility processes, upgrades, or stores (1) hydrocarbon liquids (with the exception of those facilities that exclusively handle black oil) to the point of custody transfer and (2) natural gas from the well up to and including the natural gas processing plant.

    2. What is the affected source?

      In this final rule, the affected source is defined as each TEG dehydration unit located at an area source oil and natural gas production facility. Other types of dehydration units or other emission points (e.g., equipment leaks) at area source oil and natural gas production facilities are not a part of the affected source.

    3. What pollutants are emitted and controlled?

      The primary HAP associated with oil and natural gas production facilities include benzene, toluene, ethylbenzene, and mixed xylenes and n-hexane. Only benzene is listed under CAA section 112(k)(3)(B)(i) as one of the 30 area source HAP. Benzene is classified as a known human carcinogen based on convincing human evidence (such as observed increases in the incidence of leukemia in exposed workers), as well as supporting evidence from animal studies. In addition, short-term inhalation of high benzene levels may cause nervous system effects such as drowsiness, dizziness, headaches, and unconsciousness in humans. At even higher concentrations of benzene, exposure may cause death, while lower concentrations may irritate the skin, eyes, and upper respiratory tract. Long-term inhalation exposure to benzene may cause various disorders of the blood and toxicity to the immune system. Reproductive disorders in women, as well as developmental effects in animals, have also been reported for benzene exposure.

      Benzene emissions from TEG dehydration units at oil and natural gas production facilities contributed approximately 47 percent of the nationwide urban area source benzene emissions. Accordingly, this final rule regulates benzene emissions from TEG dehydration units at area source oil and natural gas production facilities.

    4. Does this final rule apply to me?

      You are subject to emissions reduction requirements in this final rule if you own or operate a TEG dehydration unit with an actual annual average natural gas flow rate equal to or greater than 85 thousand standard cubic meters per day (thousand m\3\/day) (3 million standard cubic feet per day (MMSCF/D)), and with benzene emissions equal to or greater than 0.90 Megagrams per year (Mg/yr) (1.0 ton per year (tpy)).

    5. What are the emission limitations and work practice standards?

      We created three subcategories of sources in this final rule. We created a subcategory of TEG dehydration units with either an annual average natural gas flowrate less than 85 thousand m\3\/day (3 MMSCF/D) or benzene emissions less than 0.90 Mg/yr (1.0 tpy). As explained in the supplemental proposed rule, we determined that GACT is no control for these sources. We did not receive any comments on this determination.

      As for those TEG dehydration units with an annual average natural gas flow rate equal to or greater than 85 thousand m\3\/day (3 MMSCF/D) and benzene emissions equal to or greater than 0.90 Mg/yr (1.0 tpy), we subcategorized these units based on their locations with regard to areas of higher population densities. In evaluating population density, we started with the U.S. Census Bureau terms of ``urbanized area'' and ``urban cluster.'' Upon evaluating the characteristics of this area source category, we define areas of higher population densities to be urbanized areas (UA),\2\ urban clusters (UC) \3\ that contain 10,000 people or more,\4\ and the area located two miles \5\ or less from each UA boundary. For ease of reference, this final rule refers to these areas as ``UA plus offset and UC.'' As mentioned above, UA and UC are terms used by the United States Census Bureau to identify densely settled areas. Among other Census Bureau criteria, an UA has a population of at least 50,000 people, and an UC has a population of at least 2,500, but less than 50,000 people.

      \2\ Urbanized area (UA) refers to Census 2000 Urbanized Area, which is defined in the Urban Area Criteria for Census 2000, 67 FR 11663, 11667 (March 15, 2002). Essentially, an UA consists of densely settled territory with a population of at least 50,000 people.

      \3\ Urban cluster (UC) refers to Census 2000 Urban Cluster, which is defined in the Urban Area Criteria for Census 2000, 67 FR 11667. Essentially, an UC consists of densely settled territory with at least 2,500 people, but fewer than 50,000 people.

      \4\ This final rule does not cover all UC areas, but only those UC areas that contain 10,000 people or more, which are used to construct Census 2000 core-based statistical areas (65 FR 82233).

      \5\ We determined the 2-mile offset distance by reviewing maps of different UA areas and measuring the distance across the largest pockets or holes within the UA footprint. Since our evaluations showed that the largest distance was just under 4 miles across, we decided to use one half of that distance, i.e., 2 miles, as the offset distance. This would ensure that any sources located within a pocket or hole would be controlled as part of the UA source-group. Since we did not find the presence of holes in UC's, no offset is provided.

      For those area source TEG dehydration units with natural gas throughput and benzene emission rates above the cutoff levels described above that are located within the UA plus offset and UC boundary, we are requiring, pursuant to CAA section 112(d)(5), that each such unit be connected, through a closed vent system, to one or more emission control devices. The control devices must: (1) Reduce HAP emissions by 95 percent or more (generally by a condenser with a

      [[Page 29]]

      flash tank); or (2) reduce HAP emissions to an outlet concentration of 20 parts per million by volume (ppmv) or less (for combustion devices); or (3) reduce benzene emissions to a level less than 0.90 Mg/yr (1.0 tpy). As an alternative to complying with these control requirements, pollution prevention measures such as process modifications or combinations of process modifications and one or more control devices that reduce the amount of HAP generated, are allowed provided that they achieve the same required emission reductions.

      For those area source TEG dehydration units with natural gas throughput and benzene emission rates above the cutoff levels described above that are located outside of UA plus offset and UC boundaries, we are requiring, pursuant to CAA section 112(d)(5), that each unit reduce emissions by lowering the glycol circulation rate to be less than or equal to an optimum rate. The optimum rate is determined by the following equation:

      [GRAPHIC] [TIFF OMITTED] TR02JA07.000

      Where:

      LOPT= Optimal circulation rate, gal/hr. F = Gas flowrate (MMSCF/D). I = Inlet water content (lb/MMSCF), and O = Outlet water content (lb/MMSCF).

      The constant 3.0 gal TEG/lb H2O is the industry accepted rule of thumb for a TEG-to-water ratio. The constant 1.15 is an adjustment factor included for a margin of safety.

      We decided to subcategorize in the manner described above for several reasons. We received a number of comments on both the 1998 and 2005 proposals that this source category contains many sources that are located in remote areas. Our understanding of this area source category is consistent with the comment on the remoteness of the locations of many of these sources. We recognize that the oil and natural gas production source category is unique compared to many other area source categories in that the location of these sources is dictated by the location of the relevant natural resources rather than a need to serve a particular population center. In addition, sources in this category do not typically require on-site operators and are usually not manned by large staff, if manned at all. As previously mentioned, we believe that the standards need to be tailored to appropriately address these unique circumstances.

      In conducting our analysis, we compared the impacts of applying the add-on control requirement described above to TEG dehydration units nationwide to the impacts of only applying the requirement to units located in areas of high population densities (i.e., within the UA plus offset and UC boundary).\6\ Applying the add-on control to the estimated 2,222 TEG dehydration units nationwide would result in approximately 13,400 tpy of HAP (4,020 tpy of benzene) emission reduction. We estimate that these 2,222 TEG dehydration units are located in States with a combined population of 92 million people.\7\ The annual cost for this option was estimated to be $39 million. We then evaluated the impacts of applying the add-on control requirement to only those TEG dehydration units located within UA plus offset and UC boundaries. We estimated 50 TEG dehydration units in this area with a combined population of 80 million people. This scenario would result in a 300 tpy HAP (90 tpy of benzene) emission reduction and an annual cost of compliance of $883 thousand. Thus, extending the add-on control requirement to sources outside the UA plus offset and UC boundaries would result in an additional annual cost exceeding $38 million in an area with a combined population of 12 million people. This analysis showed that the overall cost of controlling units outside UA plus offset and UC boundaries was much higher for a lower population.

      \6\ Because we have determined that GACT is no control for units below the natural gas throughput and benzene emission threshold, we only considered the impacts of sources above the thresholds.

      \7\ We are using an approach by which we are evaluating the affected TEG dehydration units relative to the populations contained in the top 13 natural gas producing States (Texas, New Mexico, Oklahoma, Wyoming, Louisiana, Colorado, Alaska, Kansas, California, Utah, Michigan, Alabama, and Mississippi). This approach is consistent with that used in the July 2005 proposal (70 FR 39446).

      Since the areas located outside UA plus offset and UC boundaries are sparsely populated compared to those inside UA plus offset and UC boundaries, we do not believe the additional cost associated with extending the add-on control requirement to sources in this area is justified. Under this final rule, the add-on control requirement applies only to sources located within the UA plus offset and UC boundaries. Section 112(d)(5) of the CAA authorizes us to set standards for area sources that provide for the use of generally available management practices by sources to reduce HAP emissions. Pursuant to CAA section 112(d)(5), we have prescribed a management practice for sources located outside the UA plus offset and UC boundaries. We have determined that adjusting the TEG circulation rate is an appropriate management practice for several reasons. First, by lowering the TEG circulation rate, the amount of glycol that comes in contact with the natural gas is reduced, thereby lowering the amount of HAP (e.g., benzene) that is absorbed by the glycol and subsequently emitted through the reboiler vent when the glycol is regenerated. We estimate that the HAP emissions reduction is approximately 7,600 tpy (2,400 tpy of benzene) for the approximately 2,172 sources located outside UA plus offset and UC boundaries. Second, reducing the TEG circulation rate has the added benefit of reducing natural gas losses. Natural gas is also absorbed by the TEG, and subsequently emitted through the reboiler vent. The amount of natural gas vented is directly proportional to the TEG circulation rate. Lowering the TEG circulation rate has a direct impact on the amount of natural gas lost. Third, optimizing the TEG circulation rate can be achieved without sacrificing the performance of the TEG dehydration unit. Fourth, this process variable does not require the presence of an on-site operator to maintain and, thus, would be an achievable option for unmanned sources. Finally, the TEG circulation rate can be optimized for minimal capital cost (e.g., a new pump may be required) and could result in an annual cost savings due to the reduction of the natural gas losses. Therefore, this final rule requires each TEG dehydration unit at area source oil and natural gas production facilities located outside of UA plus offset and UC boundaries to reduce emissions by optimizing the TEG circulation rate.

    6. What are the testing and initial compliance requirements?

      To demonstrate that the actual annual average natural gas flowrate of your TEG dehydration unit is less than 85 thousand m3/day (3 MMSCF/D), this final rule specifies that you must determine the natural gas flow rate using either a flow measurement device or another method approved by the Administrator. To demonstrate that your TEG dehydration unit emits less than 0.90 Mg/yr (1.0 tpy) of benzene, this final rule specifies that you must determine its emissions using either GRI-GLYCalcTM, Version 3.0 or higher, or direct measurement.

      For TEG dehydration units that have an actual annual average natural gas flowrate and benzene emission rate at or above the cut-off levels mentioned above and are located within the UA

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      plus offset and UC boundaries, the source must submit Notification of Compliance Status Reports, inspect/test the closed-vent system and control device(s), and establish monitoring parameter values. If the unit is above the cut-offs and located outside the UA plus offset and UC boundaries, the source only has to submit an Initial Notification which must include a certified statement of future compliance.

      We are finalizing the change proposed in the July 8, 2005 notice to allow ASTM D6420-99 (2004) as an alternative where EPA Method 18 is specified. The General Provisions of 40 CFR part 63 will be amended to incorporate the approved method by reference for 40 CFR part 63, subpart HH. See section VI.J. for further discussion.

    7. What are the continuous compliance requirements?

      Area sources within UA plus offset and UC boundaries are required to submit periodic reports on an annual basis, instead of semiannually, as is required for major sources. Continuous compliance requirements include submitting periodic reports, conducting annual inspections of closed-vent systems, repairing leaks and defects, conducting the required monitoring, and maintaining the required records. As described in the 1998 proposal and the 2005 proposal, these monitoring, recordkeeping, and reporting requirements are the same as those required for major sources except for the frequency of submittal for periodic reports. Sources outside the UA plus offset and UC boundaries must maintain a record of the circulation rate determination.

  5. Significant Changes Since Proposal

    1. Compliance Dates

      The compliance date provisions for existing sources in this final rule differ from the two proposed rules in two respects. First, because we have added a management practice requirement to this final rule, we included a 2-year compliance deadline for existing sources subject to this requirement. The management practice requirement would require, at most, that a source install a new glycol pump to optimize the TEG circulation rate. We believe that 2 years is a sufficient length of time in which to install and operate the glycol pump at the optimum circulation rate. We considered making the compliance deadline 1 year, however we decided that given the estimated 2,172 sources required to implement this management practice, a 2-year compliance period was more appropriate.

      Second, we use the date of the 1998 proposed rule for defining existing and new sources in ``Urban-1'' counties only. In the 2005 supplemental proposal, we used the date of the 1998 proposed rule to define new and existing sources in both Urban-1 and ``Urban-2'' counties, because we had proposed to regulate sources in these counties in the 1998 proposed rule.\8\ Since then, we concluded that defining existing and new sources in Urban-2 counties based on the date of the 1998 proposed rule would be inappropriate because the 1998 proposed rule contained an inaccurate definition for Urban-2 and, therefore, did not provide adequate notice to sources in Urban-2 counties. Accordingly, this final rule uses the date of the 1998 proposal for defining existing and new sources in Urban-1 counties only. For sources in areas other than Urban-1 counties, this final rule determines existing and new sources based on the date of the 2005 supplemental proposal.

      \8\ Both the 1998 and 2005 proposed rules provided definitions for ``Urban-1'' and ``Urban-2.'' However, we did not accurately define ``Urban-2'' in the 1998 proposed rule. The definition for ``Urban-2'' was corrected in the 2005 supplemental proposed rule.

      Table 1 of this preamble presents compliance dates for existing and new sources for this final rule.

      and the For an affected source located in a county we

      where the source was constructed/ then the source compliance date classified as * * *

      and is located * * *

      reconstruct-ed * * *

      is * * * for that source would be * * *

      (a) Urban-1 based on 2000 census data,............. within any UA plus offset and UC boundary,................. before February 6, 1998,.................. Existing......... January 5, 2010. (b) Urban-1 based on 2000 census data,............. Not within any UA plus offset and UC boundary,............. before February 6, 1998,.................. Existing......... January 5, 2009. (c) Urban-1 based on 2000 census data,............. either within or outside any UA plus offset and UC

      on or after February 6, 1998,............. New.............. January 3, 2007 boundary,.

      or startup, whichever is later. (d) Not Urban-1 based on 2000 census data,......... within any UA plus offset and UC boundary,................. before July 8, 2005,...................... Existing......... January 4, 2010. (e) Not Urban-1 based on 2000 census data,......... Not within any UA plus offset and UC boundary,............. before July 8, 2005,...................... Existing......... January 5, 2009. (f) Not Urban-1 based on 2000 census data,......... Either within or outside any UA plus offset and UC

      on or after July 8, 2005,................. New.............. January 3, 2007 boundary,.

      or startup, whichever is later.

    2. Applicability Requirements

      Whereas the proposed rules proposed applying the add-on control requirement either nationally or only to TEG dehydration units at sources located in ``urban'' counties, this final rule applies this requirement to: Units at area sources located within a UA plus offset and UC boundary, which is described in section II.E above. Units at area sources not located within the UA plus offset and UC boundaries must implement the prescribed management practices (i.e., adjust TEG circulation rate) for operation of the TEG dehydration unit. Guidance is available on the Internet at http://www.epa.gov/ttn/atw/oilgas/oilgaspg.html to assist in determining your location relative to a UA

      plus offset and UC boundary, or you can access the Bureau of Census Web site at http://factfinder.census.gov to generate a map based on the

      location of your TEG dehydration unit and calculate the location relative to the nearest UA plus offset and UC boundaries.

      [[Page 31]]

    3. Startup, Shutdown, and Malfunction Requirements

      This final rule follows the requirements of the General Provisions (40 CFR part 63, subpart A) regarding startup, shutdown, and malfunction (SSM) events. Because this final rule only requires area sources within UA plus offset and UC boundaries to have add-on control, only sources within the UA plus offset and UC boundaries are subject to the General Provisions regarding SSM.

  6. Responses to Significant Comments

    Our responses to all of the significant public comments on both proposals are presented in the Response to Comments Document which is available in Docket No. EPA-HQ-OAR-2004-0238.

    1. What Geographic Applicability Criteria is Being Used in this final rule?

      Comment: We proposed two options for the geographic applicability criteria: (1) all TEG dehydration units would be subject to area source standards (hereinafter referred to as ``Option 1''); and (2) area source standards would apply to TEG dehydration units located in Urban- 1 and Urban-2 counties (hereinafter referred to as ``Option 2''). We received comments objecting to Option 1 for primarily two reasons: (1) EPA does not have the authority to regulate rural sources under the CAA; and (2) regulation of rural or remote sources is not warranted due to low exposure risks.

      The commenters stated that nationwide applicability is contrary to the plain language of the CAA, specifically section 112(k). According to the commenters, CAA section 112(k) is designed to address those smaller sources of HAP that create unacceptable exposures in concentrated urban areas; remote, small, or sparsely populated rural areas, where many dehydrators are located, are therefore not within the scope of CAA section 112(k)(1). Several commenters stated that there is no clear indication that emissions from remote sources provide a meaningful contribution to ambient air toxic levels in urban areas; therefore, regulating rural sources would not have the effect intended by the CAA.

      We also received comments objecting to Option 1 asserting that exposure risks from facilities located in rural or remote areas are low or nonexistent. One commenter stressed that the foundation for the area source program was based on regulating area sources in a manner that would result in a public health benefit. The commenter stated that regulating dehydration units in rural areas, which are sparsely populated, would not yield the same public health benefits that were ``contemplated'' by the statute.

      Response: We believe that the CAA provides the Agency with the authority to regulate area sources nationwide. CAA section 112(k)(1) states that ``It is the purpose of this subsection to achieve a substantial reduction in emissions of hazardous air pollutants from area sources and an equivalent reduction in the public health risks associated with such sources including a reduction of not less than 75 per centum in the incidence of cancer attributable to emissions from such sources.'' Consistent with this expressed purpose of CAA section 112(k) to reduce both emissions and risks, CAA section 112(k)(3)(i) requires that we list not less than 30 HAP that, as a result of emissions from area sources, present the greatest threat to public health in the largest number of urban areas. CAA sections 112(c)(3) and (k)(3)(ii) require that we list area source categories that represent not less than 90 percent of the area source emissions of each of the listed HAP. CAA section 112(c) requires that we issue standards for listed categories under CAA section 112(d). These relevant statutory provisions authorize us to regulate listed area source categories and not just sources located in urban areas.

      In both the UATS and our July 8, 2005 supplemental proposal, we identified the reasons supporting a national rule (e.g., benzene's toxicity and carcinogenicity, a level playing field, the 75 percent cancer incidence reduction goal) (64 FR 38724 and 70 FR 39446). Furthermore, by requiring management practices rather than control requirements on sources outside the UA plus offset and UC boundaries, we believe that we have appropriately addressed commenters' concern with respect to remote sources being subject to unnecessary or costly requirements.

    2. What urban definition is being used in this final rule?

      Comment: Several commenters opposed EPA's definition of ``urban areas.'' According to the commenters, by defining urban areas as county-wide areas, EPA has expanded urban areas to include large expanses of rural territories. One commenter stated that a comparison of land area to population on a county basis shows that the target population for protection is very thinly distributed. Four commenters referred to maps noting that the maps show vast areas of the United States that would be classified as urban areas based on the proposed definition, but have very low population. The commenters specifically referred to the State of Wyoming, in which half of the State is classified as ``urban'' using EPA's proposed definition. One commenter also pointed out that in Utah, six of the 12 counties designated as urban using EPA's definition have a population density of less than ten persons per square mile.

      Other commenters stated that some counties with a total population of less than 5,000, and an average population density of less than two people per square mile, would be classified as urban under the Urban-2 designation. In order to illustrate the broad geographical applicability that includes remote locations, the commenters stated that, based on the Urban-2 definition, urban designations would be applied to:

      14 of 23 counties in Wyoming;

      20 of 33 counties in New Mexico;

      10 or 17 counties in Nevada; and

      17 of 56 counties in Montana.

      One commenter stated that EPA's proposed definition of urban areas would be unnecessarily costly and burdensome on sites located in rural or remote areas, but classified as urban. One commenter acknowledged that there has been, and will continue to be, instances of energy production and population encroachment. However, according to the commenter, most of the known conventional or unconventional gas supply basins are likely to remain rural for the foreseeable future.

      Response: The statute does not define urban, thus, leaving us the discretion to define the term. We proposed and took comments on our definition of the term urban as part of our 1999 UATS. The definition was the basis for the listing of area source categories pursuant to section 112(c)(3) and (k)(3)(B)(ii) of the CAA. We are currently under court-ordered deadlines to complete issuing standards for all listed area source categories. Changing the definition of urban would mean recreating an area source category list, which may differ significantly from the current list and, thus, greatly hinders our effort to complete our obligation by the court-ordered deadlines. Therefore, we believe that revisiting the definition of urban is inappropriate at this time. However, we have tailored this rule to address the unique circumstances associated with this source category, as described above. Moreover, in response to comments regarding the nature of remote sources, we modified this final rule and are only requiring the add-on control requirement for sources in areas of higher population densities, which we have identified as areas within the UA plus offset and UC boundaries. This

      [[Page 32]]

      rule imposes the less costly management practice requirements on sources outside the UA plus offset and UC boundaries.

    3. What are the requirements for remote/unmanned sources?

      Comment: Commenters said if EPA imposes controls on TEG dehydrators outside of Urban-1 areas, it should adopt a separate (lesser) control standard for those remote area sources for the following reasons:

      It is not justified based on health effects.

      Practical considerations prevent operators from achieving the 95-percent control efficiency on remote, unmanned TEG dehydrators.

      Commenters said that in order to meet the 95-percent control efficiency or the outlet concentration, an operator generally has to install a system with a forced draft fan for the condenser and a flare or vapor recovery system. Many remote sources do not have an electric power supply, which precludes using a forced draft fan. Routing the vapors to the firebox or fire-tube is not practical in all situations because the high water vapor content can extinguish the fire. While flares and vapor recovery systems address this problem, they require frequent monitoring, which is a problem at unmanned sites that are only visited infrequently. The lack of electric power supply would make certain automated monitoring systems impossible.

      Commenters said EPA should adopt a separate GACT standard for facilities outside of ``Urban-1'' areas and ``urbanized areas.'' The 95-percent control efficiency standard could still apply in Urban-1 areas and urbanized areas, but it would not otherwise apply to area source TEG dehydrators. The commenters recommended that EPA set GACT for facilities that are not located in Urban-1 or urbanized areas as a reduction of benzene to a level of less than 1 tpy, and remove the 95- percent control efficiency requirement. One commenter added that GACT could also be considered as the installation of a flash tank/condenser or incinerator process.

      Response: We agree with the commenters that it is reasonable to require a higher level of emission reductions for TEG dehydration units located in more densely populated areas. We also recognize that the oil and natural gas source category is unique because there are many area sources that are located in remote or rural areas. For these reasons and the reasons discussed above, we have subcategorized to differentiate between those sources above the cutoff levels identified above that are located inside UA plus offset and UC boundaries and those located outside such boundaries. We require installation of control equipment for TEG dehydration units located inside UA plus offset and UC boundaries and management practices (i.e., optimized glycol circulation rate) for units located outside UA plus offset and UC boundaries. We believe that this approach addresses the commenters' concerns regarding the control of remote or rural facilities.

  7. Impacts of This Final Rule

    The environmental and cost impacts for this final rule are presented in Table 2 of this preamble:

    Existing

    New

    Total Number of Impacted Facilities.........

    2,222

    *141

    Facilities Required to Install Add-On Controls

    Number of Facilities........................

    50

    3 Emission Reductions (Mg/yr):

    HAP.....................................

    300

    17

    VOC.....................................

    530

    30

    Benzene.................................

    90

    5 Secondary Emissions Increases (Mg/yr):

    SO2.....................................

    OPT= Optimal circulation rate, gal/hr. F = Gas flowrate (MMSCF/D). I = Inlet water content (lb/MMSCF). O = Outlet water content (lb/MMSCF). 3.0 = The industry accepted rule of thumb for a TEG-to water ratio (gal TEG/lb H2O). 1.15 = Adjustment factor included for a margin of safety.

    (ii) Operate the TEG dehydration unit such that the actual glycol circulation rate does not exceed the optimum glycol circulation rate determined in accordance with paragraph (d)(2)(i) of this section. If the TEG dehydration unit is unable to meet the sales gas specification for moisture content using the glycol circulation rate determined in accordance with paragraph (d)(2)(i), the owner or operator must calculate an alternate circulation rate using GRI-GLYCalcTM, Version 3.0 or higher. The owner or operator must document why the TEG dehydration unit must be operated using the alternate circulation rate and submit this documentation with the initial notification in accordance with Sec. 63.775(c)(7).

    (iii) Maintain a record of the determination specified in paragraph (d)(2)(ii) in accordance with the requirements in Sec. 63.774(f) and submit the Initial Notification in accordance with the requirements in Sec. 63.775(c)(7). If operating conditions change and a modification to the optimum glycol circulation rate is required, the owner or operator shall prepare a new determination in accordance with paragraph (d)(2)(i) or (ii) of this section and submit the information specified under Sec. 63.775(c)(7)(ii) through (v).

    (e) * * *

    (1) The owner or operator is exempt from the requirements of paragraph (c)(1) and (d) of this section if the criteria listed in paragraph (e)(1)(i) or (ii) of this section are met, except that the records of the determination of these criteria must be maintained as required in Sec. 63.774(d)(1). * * * * *

    0 7. Section 63.765 is amended by revising paragraph (a) to read as follows:

    Sec. 63.765 Glycol dehydration unit process vent standards.

    (a) This section applies to each glycol dehydration unit subject to this subpart with an actual annual average natural gas flowrate equal to or greater than 85 thousand standard cubic meters per day and with actual average benzene glycol dehydration unit process vent emissions equal to or greater than 0.90 megagrams per year, that must be controlled for HAP emissions as specified in either paragraph (c)(1)(i) or paragraph (d)(1)(i) of Sec. 63.764. * * * * *

    0 8. Section 63.772 is amended as follows: 0 a. By revising paragraph (a)(1); 0 b. By revising the first sentence of paragraph (b)(2)(ii); 0 c. By revising paragraph (e)(3)(iii) introductory text; 0 d. By revising paragraph (e)(3)(iii)(B)(2); and 0 e. By revising the first and second sentences of paragraph (e)(3)(iv) introductory text.

    Sec. 63.772 Test methods, compliance procedures, and compliance demonstrations.

    (a) * * *

    (1) For a piece of ancillary equipment and compressors to be considered not in VHAP service, it must be determined that the percent VHAP content can be reasonably expected never to exceed 10.0 percent by weight. For the purposes of determining the percent VHAP content of the process fluid that is contained in or contacts a piece of ancillary equipment or compressor, you shall use the method in either paragraph (a)(1)(i) or paragraph (a)(1)(ii) of this section.

    (i) Method 18 of 40 CFR part 60, appendix A, or

    (ii) ASTM D6420-99 (2004), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography- Mass Spectrometry (incorporated by reference--see Sec. 63.14), provided that the provisions of paragraphs (a)(1)(ii)(A) through (D) of this section are followed:

    (A) The target compound(s) are those listed in section 1.1 of ASTM D6420-99 (2004);

    (B) The target concentration is between 150 parts per billion by volume and 100 parts per million by volume;

    (C) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 (2004), but potentially detected by mass spectrometry, the additional system continuing calibration check after each run, as detailed in section 10.5.3 of ASTM D6420-99 (2004), is conducted, met, documented, and submitted with the data report, even if there is no moisture condenser used or the compound is not considered water soluble; and

    (D) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 (2004), and not amenable to detection by mass spectrometry, ASTM D6420- 99 (2004) may not be used. * * * * *

    (b) * * *

    (2) * * * (ii) The owner or operator shall determine an average mass rate of benzene emissions in kilograms per hour through direct measurement using the methods in Sec. 63.772(a)(1)(i) or (ii), or an alternative method according to Sec. 63.7(f).* * * * * * * *

    (e) * * *

    (3) * * *

    (iii) To determine compliance with the control device percent reduction performance requirement in

    [[Page 39]]

    Sec. 63.771(d)(1)(i)(A), (d)(1)(ii), and (e)(3)(ii), the owner or operator shall use one of the following methods: Method 18, 40 CFR part 60, appendix A; Method 25A, 40 CFR part 60, appendix A; ASTM D6420-99 (2004), as specified in Sec. 63.772(a)(1)(ii); or any other method or data that have been validated according to the applicable procedures in Method 301, 40 CFR part 63, appendix A. The following procedures shall be used to calculate percent reduction efficiency: * * * * *

    (B) * * *

    (2) When the TOC mass rate is calculated, all organic compounds (minus methane and ethane) measured by Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR part 60, appendix A, or ASTM D6420-99 (2004) as specified in Sec. 63.772(a)(1)(ii), shall be summed using the equations in paragraph (e)(3)(iii)(B)(1) of this section. * * * * *

    (iv) To determine compliance with the enclosed combustion device total HAP concentration limit specified in Sec. 63.771(d)(1)(i)(B), the owner or operator shall use one of the following methods to measure either TOC (minus methane and ethane) or total HAP: Method 18, 40 CFR part 60, appendix A; Method 25A, 40 CFR part 60, appendix A; ASTM D6420-99 (2004), as specified in Sec. 63.772(a)(1)(ii), or any other method or data that have been validated according to Method 301 of appendix A of this part.* * * * * * * *

    0 9. Section 63.774 is amended as follows: 0 a. By revising paragraph (b) introductory text; 0 b. By revising paragraph (d)(1) introductory text; and 0 c. By adding paragraph (f).

    Sec. 63.774 Recordkeeping requirements.

    * * * * *

    (b) Except as specified in paragraphs (c), (d), and (f) of this section, each owner or operator of a facility subject to this subpart shall maintain the records specified in paragraphs (b)(1) through (11) of this section: * * * * *

    (d)(1) An owner or operator of a glycol dehydration unit that meets the exemption criteria in Sec. 63.764(e)(1)(i) or Sec. 63.764(e)(1)(ii) shall maintain the records specified in paragraph (d)(1)(i) or paragraph (d)(1)(ii) of this section, as appropriate, for that glycol dehydration unit. * * * * *

    (f) The owner or operator of an area source not located within a UA plus offset and UC boundary must keep a record of the calculation used to determine the optimum glycol circulation rate in accordance with Sec. 63.764(d)(2)(i) or Sec. 63.764(d)(2)(ii), as applicable. 0 10. Section 63.775 is amended as follows: 0 a. By adding paragraph (c); 0 b. By revising paragraph (e) introductory text; and 0 c. By adding paragraph (e)(3).

    Sec. 63.775 Reporting requirements.

    * * * * *

    (c) Except as provided in paragraph (c)(8), each owner or operator of an area source subject to this subpart shall submit the information listed in paragraph (c)(1) of this section. If the source is located within a UA plus offset and UC boundary, the owner or operator shall also submit the information listed in paragraphs (c)(2) through (6) of this section. If the source is not located within any UA plus offset and UC boundaries, the owner or operator shall also submit the information listed within paragraph (c)(7).

    (1) The initial notifications required under Sec. 63.9(b)(2) not later than January 3, 2008. In addition to submitting your initial notification to the addressees specified under Sec. 63.9(a), you must also submit a copy of the initial notification to EPA's Office of Air Quality Planning and Standards. Send your notification via e-mail to CCG-ONG@EPA.GOV or via U.S. mail or other mail delivery service to U.S.

    EPA, Sector Policies and Programs Division/Coatings and Chemicals Group (E143-01), Attn: Oil and Gas Project Leader, Research Triangle Park, NC 27711.

    (2) The date of the performance evaluation as specified in Sec. 63.8(e)(2) if an owner or operator is required by the Administrator to conduct a performance evaluation for a continuous monitoring system.

    (3) The planned date of a performance test at least 60 days before the test in accordance with Sec. 63.7(b). Unless requested by the Administrator, a site-specific test plan is not required by this subpart. If requested by the Administrator, the owner or operator must submit the site-specific test plan required by Sec. 63.7(c) with the notification of the performance test. A separate notification of the performance test is not required if it is included in the initial notification submitted in accordance with paragraph (c)(1) of this section.

    (4) A Notification of Compliance Status as described in paragraph (d) of this section;

    (5) Periodic reports as described in paragraph (e)(3) of this section; and

    (6) Startup, shutdown, and malfunction reports specified in Sec. 63.10(d)(5). Separate startup, shutdown, and malfunction reports as described in Sec. 63.10(d)(5) are not required if the information is included in the Periodic Report specified in paragraph (e) of this section.

    (7) The information listed in paragraphs (c)(1)(i) through (v) of this section. This information shall be submitted with the initial notification.

    (i) Documentation of the source's location relative to the nearest UA plus offset and UC boundaries. This information shall include the latitude and longitude of the affected source; whether the source is located in an urban cluster with 10,000 people or more; the distance in miles to the nearest urbanized area boundary if the source is not located in an urban cluster with 10,000 people or more; and the names of the nearest urban cluster with 10,000 people or more and nearest urbanized area.

    (ii) Calculation of the optimum glycol circulation rate determined in accordance with Sec. 63.764(d)(2)(i).

    (iii) If applicable, documentation of the alternate glycol circulation rate calculated using GRI-GLYCalcTM, Version 3.0 or higher and documentation stating why the TEG dehydration unit must operate using the alternate glycol circulation rate.

    (iv) The name of the manufacturer and the model number of the glycol circulation pump(s) in operation.

    (v) Statement by a responsible official, with that official's name, title, and signature, certifying that the facility will always operate the glycol dehydration unit using the optimum circulation rate determined in accordance with Sec. 63.764(d)(2)(i) or Sec. 63.764(d)(2)(ii), as applicable.

    (8) An owner or operator of a TEG dehydration unit located at an area source that meets the criteria in Sec. 63.764(e)(1)(i) or Sec. 63.764(e)(1)(ii) is exempt from the reporting requirements for area sources in paragraphs (c)(1) through (7) of this section, for that unit. * * * * *

    (e) Periodic Reports. An owner or operator of a major source shall prepare Periodic Reports in accordance with paragraphs (e) (1) and (2) of this section and submit them to the Administrator. An owner or operator of an area source shall prepare Periodic Reports in accordance with paragraph (e)(3) of this section and submit them to the Administrator. * * * * *

    (3) An owner or operator of an area source located inside a UA plus offset

    [[Page 40]]

    and UC boundary shall prepare and submit Periodic Reports in accordance with paragraphs (e)(3)(i) through (iii) of this section.

    (i) Periodic reports must be submitted on an annual basis. The first reporting period shall cover the period beginning on the date the Notification of Compliance Status Report is due and ending on December 31. The report shall be submitted within 30 days after the end of the reporting period.

    (ii) Subsequent reporting periods begin every January 1 and end on December 31. Subsequent reports shall be submitted within 30 days following the end of the reporting period.

    (iii) The periodic reports must contain the information included in paragraph (e)(2) of this section. * * * * *

    0 11. In the Appendix to Subpart HH of Part 63, revise Table 2 to read as follows:

    Appendix to Subpart HH of Part 63--Tables

    * * * * *

    Table 2 to Subpart HH of Part 63.--Applicability of 40 CFR Part 63 General Provisions to Subpart HH

    General provisions reference

    Applicable to subpart HH

    Explanation

    Sec. 63.1(a)(1)....................... Yes. Sec. 63.1(a)(2)....................... Yes. Sec. 63.1(a)(3)....................... Yes. Sec. 63.1(a)(4)....................... Yes. Sec. 63.1(a)(5)....................... No......................... Section reserved. Sec. 63.1(a)(6)....................... Yes. Sec. 63.1(a)(7) through (a)(9)........ No......................... Section reserved. Sec. 63.1(a)(10)...................... Yes. Sec. 63.1(a)(11)...................... Yes. Sec. 63.1(a)(12)...................... Yes. Sec. 63.1(b)(1)....................... No......................... Subpart HH specifies applicability. Sec. 63.1(b)(2)....................... No......................... Section reserved. Sec. 63.1(b)(3)....................... Yes. Sec. 63.1(c)(1)....................... No......................... Subpart HH specifies applicability. Sec. 63.1(c)(2)....................... Yes.

    Subpart HH exempts area sources from the requirement to obtain a title V permit unless otherwise required by law as specified in Sec. 63.760(h). Sec. 63.1(c)(3) and (c)(4)............ No......................... Section reserved. Sec. 63.1(c)(5)....................... Yes. Sec. 63.1(d).......................... No......................... Section reserved. Sec. 63.1(e).......................... Yes. Sec. 63.2............................. Yes.

    Except definition of major source is unique for this source category and there are additional definitions in subpart HH. Sec. 63.3(a) through (c).............. Yes. Sec. 63.4(a)(1) through (a)(2)........ Yes. Sec. 63.4(a)(3) through (a)(5)........ No......................... Section reserved. Sec. 63.4(b).......................... Yes. Sec. 63.4(c).......................... Yes. Sec. 63.5(a)(1)....................... Yes. Sec. 63.5(a)(2)....................... Yes. Sec. 63.5(b)(1)....................... Yes. Sec. 63.5(b)(2)....................... No......................... Section reserved. Sec. 63.5(b)(3)....................... Yes. Sec. 63.5(b)(4)....................... Yes. Sec. 63.5(b)(5)....................... No......................... Section Reserved. Sec. 63.5(b)(6)....................... Yes. Sec. 63.5(c).......................... No......................... Section reserved. Sec. 63.5(d)(1)....................... Yes. Sec. 63.5(d)(2)....................... Yes. Sec. 63.5(d)(3)....................... Yes. Sec. 63.5(d)(4)....................... Yes. Sec. 63.5(e).......................... Yes. Sec. 63.5(f)(1)....................... Yes. Sec. 63.5(f)(2)....................... Yes. Sec. 63.6(a).......................... Yes. Sec. 63.6(b)(1)....................... Yes. Sec. 63.6(b)(2)....................... Yes. Sec. 63.6(b)(3)....................... Yes. Sec. 63.6(b)(4)....................... Yes. Sec. 63.6(b)(5)....................... Yes. Sec. 63.6(b)(6)....................... No......................... Section reserved. Sec. 63.6(b)(7)....................... Yes. Sec. 63.6(c)(1)....................... Yes. Sec. 63.6(c)(2)....................... Yes. Sec. 63.6(c)(3) through (c)(4)........ No......................... Section reserved. Sec. 63.6(c)(5)....................... Yes. Sec. 63.6(d).......................... No......................... Section reserved. Sec. 63.6(e).......................... Yes.

    [[Page 41]]

    Sec. 63.6(e)(1)(i).................... No......................... Except as otherwise specified. Addressed in Sec. 63.762. Sec. 63.6(e)(1)(ii)................... Yes. Sec. 63.6(e)(1)(iii).................. Yes. Sec. 63.6(e)(2)....................... No......................... Section reserved. Sec. 63.6(e)(3)(i).................... Yes.

    Sources exempt under Sec. 63.764(e) and sources located outside UA plus offset and UC boundaries are not required to develop startup, shutdown, and malfunction plans as stated in Sec. 63.762(e). Sec. 63.6(e)(3)(i)(A)................. No......................... Except as otherwise specified. Addressed in Sec. 63.762(c). Sec. 63.6(e)(3)(i)(B)................. Yes. Sec. 63.6(e)(3)(i)(C)................. Yes. Sec. 63.6(e)(3)(ii)................... No......................... Section reserved. Sec. 63.6(e)(3)(iii) through (3)(vi).. Yes. Sec. 63.6(e)(3)(vii).................. Yes. Sec. 63.6(e)(3)(vii) (A).............. Yes. Sec. 63.6(e)(3)(vii) (B).............. Yes........................ Except that the plan must provide for operation in compliance with Sec. 63.762(c). Sec. 63.6(e)(3)(viii) through (ix).... Yes. Sec. 63.6(f)(1)....................... Yes. Sec. 63.6(f)(2)....................... Yes. Sec. 63.6(f)(3)....................... Yes. Sec. 63.6(g).......................... Yes. Sec. 63.6(h).......................... No......................... Subpart HH does not contain opacity or visible emission standards. Sec. 63.6(i)(1) through (i)(14)....... Yes. Sec. 63.6(i)(15)...................... No......................... Section reserved. Sec. 63.6(i)(16)...................... Yes. Sec. 63.6(j).......................... Yes. Sec. 63.7(a)(1)....................... Yes. Sec. 63.7(a)(2)....................... Yes........................ But the performance test results must be submitted within 180 days after the compliance date. Sec. 63.7(a)(3)....................... Yes. Sec. 63.7(b).......................... Yes. Sec. 63.7(c).......................... Yes. Sec. 63.7(d).......................... Yes. Sec. 63.7(e)(1)....................... Yes. Sec. 63.7(e)(2)....................... Yes. Sec. 63.7(e)(3)....................... Yes. Sec. 63.7(e)(4)....................... Yes. Sec. 63.7(f).......................... Yes. Sec. 63.7(g).......................... Yes. Sec. 63.7(h).......................... Yes. Sec. 63.8(a)(1)....................... Yes. Sec. 63.8(a)(2)....................... Yes. Sec. 63.8(a)(3)....................... No......................... Section reserved. Sec. 63.8(a)(4)....................... Yes. Sec. 63.8(b)(1)....................... Yes. Sec. 63.8(b)(2)....................... Yes. Sec. 63.8(b)(3)....................... Yes. Sec. 63.8(c)(1)....................... Yes. Sec. 63.8(c)(2)....................... Yes. Sec. 63.8(c)(3)....................... Yes. Sec. 63.8(c)(4)....................... Yes. Sec. 63.8(c)(4)(i).................... No......................... Subpart HH does not require continuous opacity monitors. Sec. 63.8(c)(4)(ii)................... Yes. Sec. 63.8(c)(5) through (c)(8)........ Yes. Sec. 63.8(d).......................... Yes. Sec. 63.8(e).......................... Yes........................ Subpart HH does not specifically require continuous emissions monitor performance evaluation, however, the Administrator can request that one be conducted. Sec. 63.8(f)(1) through (f)(5)........ Yes. Sec. 63.8(f)(6)....................... Yes. Sec. 63.8(g).......................... No......................... Subpart HH specifies continuous monitoring system data reduction requirements. Sec. 63.9(a).......................... Yes. Sec. 63.9(b)(1)....................... Yes. Sec. 63.9(b)(2)....................... Yes........................ Existing sources are given 1 year (rather than 120 days) to submit this notification. Major and area sources that meet Sec. 63.764(e) do not have to submit initial notifications. Sec. 63.9(b)(3)....................... No......................... Section reserved. Sec. 63.9(b)(4)....................... Yes. Sec. 63.9(b)(5)....................... Yes.

    [[Page 42]]

    Sec. 63.9(c).......................... Yes. Sec. 63.9(d).......................... Yes. Sec. 63.9(e).......................... Yes. Sec. 63.9(f).......................... No......................... Subpart HH does not have opacity or visible emission standards. Sec. 63.9(g)(1)....................... Yes. Sec. 63.9(g)(2)....................... No......................... Subpart HH does not have opacity or visible emission standards. Sec. 63.9(g)(3)....................... Yes. Sec. 63.9(h)(1) through (h)(3)........ Yes........................ Area sources located outside UA plus offset and UC boundaries are not required to submit notifications of compliance status. Sec. 63.9(h)(4)....................... No......................... Section reserved. Sec. 63.9(h)(5) through (h)(6)........ Yes. Sec. 63.9(i).......................... Yes. Sec. 63.9(j).......................... Yes. Sec. 63.10(a)......................... Yes. Sec. 63.10(b)(1)...................... Yes.

    Sec. 63.774(b)(1) requires sources to maintain the most recent 12 months of data on site and allows offsite storage for the remaining 4 years of data. Sec. 63.10(b)(2)...................... Yes. Sec. 63.10(b)(3)...................... Yes........................ Sec. 63.774(b)(1) requires sources to maintain the most recent 12 months of data on site and allows offsite storage for the remaining 4 years of data. Sec. 63.10(c)(1)...................... Yes. Sec. 63.10(c)(2) through (c)(4)....... No......................... Sections reserved. Sec. 63.10(c)(5) through (c)(8)....... Yes. Sec. 63.10(c)(9)...................... No......................... Section reserved. Sec. 63.10(c)(10) through(c)(15)...... Yes. Sec. 63.10(d)(1)...................... Yes. Sec. 63.10(d)(2)...................... Yes........................ Area sources located outside UA plus offset and UC boundaries do not have to submit performance test reports. Sec. 63.10(d)(3)...................... Yes. Sec. 63.10(d)(4)...................... Yes. Sec. 63.10(d)(5)(i)................... Yes........................ Subpart HH requires major sources to submit a startup, shutdown, and malfunction report semi-annually. Area sources located within UA plus offset and UC boundaries are required to submit startup, shutdown, and malfunction reports annually. Area sources located outside UA plus offset and UC boundaries are not required to submit startup, shutdown, and malfunction reports. Sec. 63.10(e)(1)...................... Yes........................ Area sources located outside UA plus offset and UC boundaries are not required to submit reports. Sec. 63.10(e)(2)...................... Yes........................ Area sources located outside UA plus offset and UC boundaries are not required to submit reports. Sec. 63.10(e)(3)(i)................... Yes........................ Subpart HH requires major sources to submit Periodic Reports semi-annually. Area sources are required to submit Periodic Reports annually. Area sources located outside UA plus offset and UC boundaries are not required to submit reports. Sec. 63.10(e)(3)(i)(A)................ Yes. Sec. 63.10(e)(3)(i)(B)................ Yes. Sec. 63.10(e)(3)(i)(C)................ No......................... Section reserved. Sec. 63.10(e)(3)(ii) through (viii)... Yes. Sec. 63.10(f)......................... Yes. Sec. 63.11(a) and (b)................. Yes. Sec. 63.12(a) through (c)............. Yes. Sec. 63.13(a) through (c)............. Yes. Sec. 63.14(a) and (b)................. Yes. Sec. 63.15(a) and (b)................. Yes Sec. 63.16............................ Yes.

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    [FR Doc. E6-22413 Filed 12-29-06; 8:45 am]

    BILLING CODE 6560-50-P