[Federal Register: December 14, 2000 (Volume 65, Number 241)]
[Rules and Regulations]
[Page 78267-78356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de00-20]
[[Page 78267]]
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Part II
Environmental Protection Agency
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40 CFR Parts 60, 61, 63, and 65
Consolidated Federal Air Rule; Synthetic Organic Chemical Manufacturing
Industry; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, 63, and 65
[AD-FRL-6876-9]
RIN 2060-AG28
Consolidated Federal Air Rule (CAR): Synthetic Organic Chemical
Manufacturing Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates a consolidated Federal air rule for
the Synthetic Organic Chemical Manufacturing Industry (SOCMI). In this
final rule, we (EPA) consolidate major portions of several new source
performance standards (NSPS) and national emission standards for
hazardous air pollutants (NESHAP) applicable to storage vessels,
process vents, transfer operations, and equipment leaks within the
SOCMI. The final rule pulls together applicable Federal SOCMI rules
into one integrated set of rules in order to simplify, clarify, and
improve implementation of the existing rules with which source owners
or operators must comply. The consolidated rule is an optional
compliance alternative for SOCMI sources; sources may simply continue
to comply with existing applicable rules or choose to comply with the
final consolidated rule. The effects of this consolidation are to
improve understandability, reduce burden, clarify requirements, and
improve implementation and compliance. This document also announces the
effective date of information collection requirements in a subpart in
the Code of Federal Regulations relating to standards of performance
for volatile organic compound emissions from the synthetic organic
chemical manufacturing industry reactor processes which was originally
published in the Federal Register on August 31, 1993.
DATES: This final rule is effective December 14, 2000. The
incorporation by reference of certain publications in the rule is
approved by the Director of the Federal Register as of December 14,
2000. The information collection requirements in 40 CFR part 60,
subpart RRR, became effective November 8, 1993 when the Office of
Management and Budget approved them.
ADDRESSES: Docket number A-96-01 contains information we considered in
developing these standards and is available for public inspection
between 8:00 a.m. and 5:30 p.m., Monday through Friday except for
Federal holidays at EPA's Air and Radiation Docket and Information
Center (6102), 401 M Street SW, Washington, DC 20460, or by calling
(202) 260-7548. The docket is located at the above address in Room M-
1500, Waterside Mall (ground floor). The fax number for the Center is
(202) 260-4000 and the E-mail address is ``A-and-R-
docket@epamail.gov.'' A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711, telephone number (919) 541-5262, fax number
(919) 541-0942, or E-mail: colyer.rick@epa.gov.
SUPPLEMENTARY INFORMATION: This preamble provides background
information, summarizes major changes to the CAR since proposal, and
discusses how we have met the administrative requirements for this
final rule. This preamble does not contain extensive background
information in the rule's development or how this rule relates to other
rules. The preamble to the proposed CAR (63 FR 57798, October 28, 1998)
contains extensive background information, which includes these
discussions: goals and objectives, participation, amendments to the
referencing subparts, significant decisions in rule consolidation,
delegation of the CAR to State authorities, incorporating CAR
requirements into the title V permit, extension of the consolidation to
include the State implementation plan, summary of benefits and other
impacts, and additional amendments to equipment leak referencing
subparts.
Judicial Review. Under section 307(d)(1) of the Clean Air Act
(Act), judicial review of this final rule is available only by filing a
petition for review in the U.S. Court of Appeals for the District of
Columbia by February 12, 2001. Under section 307(d)(7)(B) of the Act,
only an objection to this rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the Act, the
requirements established by today's final action may not be challenged
separately in any civil or criminal proceeding brought to enforce these
requirements.
Background Information Document. The consolidated rulemaking
package promulgated today is supported by a background information
document (BID) that contains a summary of the public comments received
on the proposal and the Administrator's responses to public comments.
This document may be obtained from the docket for this rule, A-96-01,
or through the World Wide Web at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.epa.gov/ttn/oarpg/ or from
the U.S. Environmental Protection Agency Library (MD-35), Research
Triangle Park, North Carolina 27711, telephone (919) 541-2777. Please
refer to ``Consolidated Federal Air Rule for Synthetic Organic Chemical
Manufacturing Industry; Background Information for Promulgated
Standards,'' EPA-453/R-99-006.
World Wide Web Information. The EPA provides information and
technology exchange in various areas of air pollution control on the
World Wide Web (WWW). An electronic copy of today's document that
includes the regulatory text is available through the WWW at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.epa.gov/ttn/oarpg/, under recent actions. For WWW help information, call EPA's Web
help line at (919) 541-5384.
Regulated Entities. The regulated category and entities potentially
affected by this action include the following North American Industrial
Classification System (NAICS) and Standard Industrial Classification
(SIC) codes.
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Examples of regulated
Category NAICS SIC entities
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Industry........... 3251 2865 Synthetic organic
2869 chemical manufacturing
industry units. For
example, producers of
benzene, toluene, or any
other chemical listed in
table 1 of 40 CFR part
63, subpart F, and any
other chemical
manufacturing process
unit identified in an
applicable subpart that
references the use of
this part.
Producers of
polypropylene,
polyethylene,
polystyrene, or poly
(ethylene
terephthalate).
Producers of vinyl
chloride and polyvinyl
chloride. Volatile
organic compound storage
vessels. Benzene storage
vessels. Benzene
transfer operations.
Equipment (valves,
pumps, connectors, etc.)
in benzene service.
[[Page 78269]]
Industry........... 32411 2911 Petroleum Refineries.
Volatile organic
compound storage
vessels.
Benzene storage vessels.
Benzene transfer
operations.
Equipment (values, pumps,
connectors, etc.) in
benzene service.
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This table is not intended to be exhaustive, but rather to provide
a guide for readers regarding entities likely to elect to comply with
this rule. This table lists the types of entities that we are now aware
could potentially qualify to elect to comply with this rule. To
determine whether your facility qualifies to implement this action, you
should carefully examine the applicability criteria in 40 CFR part 60,
subparts Ka, Kb, VV, DDD, III, NNN, and RRR; 40 CFR part 61, subparts
V, Y, and BB; and 40 CFR part 63, subparts G and H. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
The following outline is provided to aid in locating information in
this preamble.
I. Background Information
II. Summary of Comments and Changes Since Proposal
A. How has EPA changed the definition of the SOCMI CAR unit?
B. Has EPA changed the scope of the CAR since proposal?
C. How has EPA changed the connector monitoring requirements?
D. What changes were made to the process of implementing the
CAR?
III. Other Changes Since Proposal
IV. Has EPA Changed Its Approach for Delegating the CAR to State
Authorities?
V. Has EPA changed its approach for incorporating CAR requirements
into the title V permit?
VI. Administrative Requirements
A. Paperwork Reduction Act
B. Executive Order 12866: Regulatory Planning and Review
C. Executive Order 13132: Federalism
D. Executive Order 13084: Consultation and Coordination With
Indian Tribal Governments
E. Unfunded Mandates Reform Act
F. Regulatory Flexibility
G. National Technology Transfer and Advancement Act
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Congressional Review Act
I. Background Information
Over the past 25 years, EPA has issued a series of Federal air
regulations, many of which affect the same plant site. As a result,
many facilities are now subject to multiple Federal rules applying to
different emission points. Each rule has its own emission control
requirements as well as monitoring, recordkeeping, and reporting
requirements. Although these rules were developed for different
purposes under different statutory authorities and apply to different
pollutants, they may impose many duplicative or near duplicative
requirements on a plant site, thus complicating implementation of and
compliance with these rules.
On March 16, 1995, President Clinton and Vice President Gore
announced several initiatives aimed at reinventing environmental
regulation. One of those initiatives was to consolidate Federal air
rules so that all Federal air rules for any single industry would be
incorporated into a single rule. This rule would consist of ``* * * one
set of emission limitations, monitoring, and recordkeeping and
reporting requirements.''
We selected the Federal air rules applying to the SOCMI for a pilot
project to study the feasibility and practical implications of
consolidating and streamlining existing rules, and to establish a
workable process for consolidation that can then be applied to other
consolidation efforts in the future. We selected the SOCMI as the pilot
because of the large number of similar Federal air regulations that can
apply at a single location. The SOCMI is subject to NSPS and NESHAP
under the Act, as well as to Resource Conservation and Recovery Act
(RCRA) air standards. The rules for a given type of emission point
require application of controls with similar control efficiencies and
include similar design, equipment, or operating standards. However, the
standards differ in their applicability and in some of their control,
monitoring, recordkeeping, and reporting requirements. Additionally,
both the SOCMI and State air pollution control agencies have expressed
great interest in consolidation of applicable Federal air requirements
to the extent possible for easier incorporation into title V operating
permits.
For these reasons, we believe that consolidation of the
requirements of the various rules into one rule greatly benefits both
the industry and government enforcement agencies. We believe that such
consolidation improves compliance and enforceability and reduces
resource needs.
II. Summary of Comments and Changes Since Proposal
We received 16 comment letters on the proposed CAR. The most
significant changes made as a result of the comments regarded the SOCMI
CAR unit, the scope of the rule, and connector monitoring. We address
only the major comments and changes in this preamble. We also made a
number of editorial changes and clarifications to make the CAR easier
to read and understand. The summary of public comments and our
responses are contained in the ``Consolidated Federal Air Rule for
Synthetic Organic Chemical Manufacturing Industry: Background
Information for Promulgated Standards,'' EPA 453/R-99-006, May 2000,
Docket No. A-96-01.
A. How Has EPA Changed the Definition of the SOCMI CAR Unit?
We have eliminated the concept of a SOCMI CAR unit (SCU), as
proposed, from the final rule. Commenters noted points of confusion in
the assignment procedures and in the definition of the SCU. One
commenter was specifically concerned that the complexity of the
applicability procedures may prohibit implementation at the State and
local levels. Commenters made suggestions to improve the clarity of
these provisions including a suggestion that the CAR provide examples
showing how SCU boundaries are determined; a rephrasing of the SCU
definition; and a request that the CAR include a provision that would
allow groups of like equipment, subject to one of the referencing
subparts, to implement the CAR even though other portions of the SCU
continue to comply with the applicable referencing subpart.
Because this is a pilot program for the SOCMI, at proposal we
limited the equipment that could opt into the CAR to plant sites with
SOCMI process units. Therefore, the proposed definition of SCU
contained specifications for what constituted a SOCMI process unit. The
proposed CAR (63 FR 57753) specified that facilities opting into the
CAR must do so on a SCU basis because we thought this would reduce
potential complexity of implementing the CAR. During development of the
proposed CAR, State representatives expressed a desire to allow larger
portions of sources to opt in as opposed to a more
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piecemeal approach, indicating that it would be easier for them to
enforce the rule. Industry representatives generally preferred to allow
any regulated source (a source or facility subject to a referencing
subpart) to opt into the CAR. We felt that opting into the CAR on an
SCU basis would provide a small enough collection of emission points
and equipment to provide operational flexibility to the facility, but a
large enough collection to avoid possible confusion and additional
burden for regulatory authorities.
After reviewing the comments regarding the SCU and assignment
procedures, we have concluded that eliminating the confusion and
complexity added by the assignment procedures outweighs the reduction
in burden and complexity to State inspectors by requiring facilities to
opt in on a SCU (large collection of equipment) basis. Keeping track of
which equipment is in or out of a SCU and which SCU is complying with
the CAR appears to be more burdensome than keeping track of which
emission point is complying with what rule.
Therefore, to simplify the applicability provisions of the CAR, we
are allowing, in the final CAR, any affected source subject to a
referencing subpart to use the CAR as a compliance option with two
exceptions described below. This means that a facility may choose to
opt in, for example, one subpart Kb tank or all equipment at the
facility that is subject to a referencing subpart. For both regulator
and industry personnel, this eliminates the assignment procedures that
determine what equipment constitutes a SCU. With this change, it is not
necessary to keep track of new regulated sources and whether they are
part of a SCU or not.
There are two situations where the regulated source in the CAR does
not match the affected source of the referencing subpart. In one
situation, the affected source for 40 CFR part 61, subpart V is an
individual piece of equipment like a pump or a valve. We determined
that allowing owners or operators to opt in to the CAR on an individual
piece of equipment would not be workable. Therefore, owners or
operators must opt in the group of affected equipment at a process
unit. This does not alter the applicability of subpart V to a facility;
it only affects the set of equipment that can comply with the CAR.
The second situation where the regulated source in the CAR does not
match the affected source of the referencing subpart is in the HON.
Under the HON, the affected source is the total of all applicable
emission points at the plant site that are subject to the HON. Thus, a
HON facility that contains more than one CMPU, would consist of only
one affected source, which would be the collection of all subject
CMPU's. However, under the CAR the regulated source is collection of
emission points within each CMPU (as proposed under the original
concept in the CAR of the SCU). Thus, a HON facility can choose to opt
into the CAR on a CMPU basis, and not the entire collection of CMPU's
that comprise the HON affected source.
Although we believe that in most cases facilities will opt in as
much equipment and as many emission points as possible, the States and
owners or operators have the opportunity to work together to determine
the basis on which facilities can opt in their equipment that will
provide the ``best fit'' for both regulators and industry.
B. Has EPA Changed the Scope of the CAR Since Proposal?
We have not changed the scope of the CAR since proposal except for
one minor change that affects polystyrene process vents. We received
comments on incorporating or allowing other rules in the CAR, including
the following requests: Consolidate all rules that may apply to a
facility that has a SOCMI process unit on site, use the CAR as a
compliance option for new regulations, and allow rules that reference
the referencing subparts to use the CAR as a compliance option. These
comments and our rationale for not changing the scope of the CAR are
discussed in the following sections.
1. Incorporating or Allowing Other Rules in the CAR
Comments: Several commenters supported expanding the scope of the
CAR so that it completely incorporates rules that may apply to
facilities that have a SOCMI process unit on site. Commenters
specifically mentioned the HON wastewater provisions (40 CFR part 63,
subpart G); the Benzene Waste NESHAP provisions (40 CFR part 61,
subpart FF); and the SOCMI wastewater NSPS (40 CFR part 60, subpart
YYY). Some commenters requested that sources subject to the Petroleum
Refinery NESHAP, 40 CFR part 63, subpart CC, be allowed to use the CAR
to comply with subpart CC. Two commenters also referred to the
following 40 CFR part 63 subparts as rules that should allow the CAR as
a compliance option: I, U, W, DD, TT, OO, UU, WW, and JJJ. One
commenter requested consolidation of several other provisions affecting
SOCMI including the Hazardous Organic NESHAP (HON) Group 2 transfer
racks and storage vessels; emission points not requiring control under
the non-HON referencing subparts; marine loading under 40 CFR part 61,
subpart BB; and equipment leak provisions under subpart BB of both 40
CFR parts 264 and 265. One commenter encouraged us to define CAR
requirements as acceptable for requirements in non-consolidated rules
that are likely to overlap with the CAR at SOCMI sites.
Commenters argued that without including additional regulations in
the consolidation, issues of overlapping requirements remain, and the
CAR cannot achieve its goals. One commenter alleged that sources, in
most cases, have no incentive to use the CAR and concluded that the CAR
must consolidate several additional rules in order to provide this
incentive.
Response: It is true that the CAR does not consolidate all rules
applicable to the SOCMI or to sources with SOCMI processes on site. We
considered other rules in this consolidation. As stated in the preamble
to the proposed rule (63 FR 57750), because the rule was meant to be a
pilot project for the SOCMI, we limited the scope to the Federal Clean
Air Act rules that apply to SOCMI. We thought that these rules would
provide benefit to affected sources, yet the scope would be defined
well enough to ensure a reasonable chance of success. Some SOCMI rules
that we considered for consolidation were subject to litigation, which
could have led to substantial changes, when the CAR process started,
and others are currently in litigation. It was therefore not
appropriate to consolidate these rules into the CAR since they would
likely be changing. Our intention was to keep the rule development
process manageable in order to develop a practical CAR in a reasonable
amount of time. The details, approach, and regulatory text for
including additional rules in the CAR have not been investigated. To
include additional rules in the consolidation effort at this point
would require substantial time, resources, and a supplemental proposal.
We consider our efforts better spent finalizing this rule.
We do not agree that sources have no incentive to use the CAR. We
maintain that there can be significant burden reduction with the rules
that are currently consolidated, and that the burden reduction will
persuade sources to use the CAR.
2. CAR for New Regulations
Comments: Four commenters requested that we consider using the CAR
as a compliance option for new regulations. Two commenters
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specifically mentioned the Miscellaneous Organic NESHAP, one commenter
mentioned the Generic MACT, and one commenter mentioned the Ethylene
MACT. One commenter recommended that any new regulations applicable to
the SOCMI that may be promulgated should be incorporated into the CAR
for use by affected sources that have opted to use the CAR. The
commenter stated that in this case, additional incorporated rules would
follow part 70 on opting new rules into a title V permit as they are
promulgated.
Response: We may consider using the CAR in future rulemakings.
Because of the timing of the Generic MACT's promulgation (64 FR 34854;
June 29, 1999), it was not possible to consolidate that rule into the
CAR. However, the Generic MACT employs similar structure, concept, and
provisions to the CAR.
3. Referencing Subparts Using the CAR
Comments: Several commenters requested that rules that refer to
referencing subparts should be allowed to use the CAR as a compliance
option. Commenters specifically mentioned 40 CFR part 63, subpart I,
the polymers and resins MACT standards, and 40 CFR part 60, subpart
DDD, equipment leak provisions. Two commenters requested any MACT
standard that points to the HON be allowed the option to comply with
the CAR.
Response: We have not expanded the scope of the final rule to
include other regulations that refer to referencing subparts. Expanding
the scope of the CAR to other rules at this point would entail
additional proposals. The details, approach, and ramifications of
allowing the CAR for these other rules have not been investigated. Many
of the rules that point to the CAR's referencing subparts for
requirements generally have complex references, with conditions and
exceptions to the referencing subparts. To allow these rules to comply
with the CAR would require us to study the conditions and exceptions
and possibly develop detailed references for compliance with the CAR.
We are finalizing this rule so that the burden reductions associated
with it can be used as soon as possible, and we may consider additional
provisions in later rulemakings.
4. Polystyrene Process Vents
Comment: One commenter noted that the proposed language in
Sec. 60.560(j) and (k) would not allow polystyrene process vents
subject to 40 CFR part 60, subpart DDD, to use the CAR. These process
vents have the same requirements as the polypropylene and polyethylene
process vents subject to subpart DDD that could opt into the CAR under
the proposed rule.
Response: We agree that the polystyrene process vents subject to
subpart DDD that choose the control device or flare compliance option
should be allowed to opt into the CAR. We have edited the final rule to
allow this option.
C. How Has EPA Changed the Connector Monitoring Requirements?
We have provided a sensory inspection alternative to instrument
monitoring for sources subject only to 40 CFR part 60, subpart VV and
40 CFR part 61, subpart V, to eliminate a disincentive to use the CAR.
Comments: Several commenters noted that the proposed CAR imposed a
significant increase in equipment leak monitoring burden for connectors
in gas/vapor or light liquid service if the owner or operator decided
to opt into the CAR for compliance. Specifically, these connectors
subject to 40 CFR part 60, subpart VV, and 40 CFR part 61, subpart V,
would have been subject to periodic instrument monitoring under the
CAR. Under the referencing subparts, however, instrument monitoring was
only required if sensory indications of a leak were detected. In other
words, if plant personnel see, hear, or smell a potential leak, then
they would investigate the potential leak by performing instrument
monitoring.
Instrument monitoring, the commenters noted, is a substantial
burden increase over sensory inspection. The commenters felt that this
created a financial disincentive to use the CAR for some owners or
operators. The commenters reasoned that if having to perform routine,
periodic instrument monitoring of connectors costs more than is saved
by complying with the CAR at the rest of the facility, then the owner
or operator would likely decide not to use the CAR.
The commenters also noted that removing the requirement for
instrument monitoring still has the potential to achieve an overall
increase in environmental benefit. By maintaining the status quo with
regard to performing sensory inspection for connectors, many subparts V
and VV facilities may opt into the CAR. Once in the CAR, they must
comply with the CAR's lower leak definitions for valves (500 parts per
million (ppm)) and pumps (1,000 ppm for pumps in general service)
instead of the referencing subparts' leak definition (10,000 ppm) for
this equipment. The lower leak definitions would push the facilities
towards better performance, potentially increasing the benefit to the
environment.
Response: We agree that initiating instrument monitoring for
connectors at a facility currently performing only sensory monitoring
presents a significant and unanticipated financial disincentive to
using the CAR. Because we believe that having more facilities using the
CAR will result in reduced burden for both industry and regulators, we
have provided a sensory monitoring option for sources subject only to
subparts V and VV to eliminate this disincentive.
We have modified the CAR so that it contains an exemption from the
instrument monitoring protocol for connectors referenced from subparts
V and VV. It should be noted that the owner or operator may choose to
perform instrument monitoring for these connectors if, for example, the
owner or operator wanted to have one set of protocols for all the
connectors at a facility and some of them were referenced to the CAR
from the HON. Instrument monitoring would be required for the
connectors referenced from the HON, and it may be simpler to instrument
monitor all of the connectors rather than single out some connectors
for instrument monitoring and others for sensory inspection.
No degradation of environmental protection results from the CAR
requiring sensory monitoring for connectors referenced from subparts V
and VV because that is what those two referencing subparts currently
require. In fact, as commenters noted, because the CAR consolidates on
lower leak definitions for other equipment, environmental protection
will potentially be strengthened because subparts V and VV have a
10,000 ppm leak definition.
D. What Changes Were Made to the Process of Implementing the CAR?
We clarified the provisions for setting the implementation schedule
to specify that the schedule must be set by mutual agreement with the
Administrator. This language was also revised to be consistent with the
CAR most likely being a minor permit modification to a title V permit.
In the proposed CAR, the implementation schedule was to be established
in a title V permit. It was meant to require that the regulated source
propose the implementation schedule in a title V amendment. The final
schedule as approved by the permitting authority would be established
in the title V permit. In other words, the permitting authority would
signal approval by including the schedule in the title V permit.
However,
[[Page 78272]]
since the title V amendment is a minor permit modification, there is no
real opportunity for the permitting authority's approval. Therefore,
the language associated with the implementation schedule was modified
to establish the schedule by mutual agreement between the source and
the permitting authority outside the title V process.
III. Other Changes Since Proposal
In addition to those changes discussed in section II of this
preamble, we made numerous other, less significant, changes, including
editorial changes and corrections to make the rule more clear. Most of
these changes were made in response to comment and are discussed in
detail in the BID (see the ADDRESSES section of this preamble).
IV. Has EPA Changed Its Approach for Delegating the CAR to State
Authorities?
No. Our approach is outlined here and clarification is provided
regarding States that do not have delegated authority of the underlying
rules but have an approved title V program.
At proposal, we specifically requested comment on this streamlined
approach to State delegation. Commenters who commented on delegation
were unanimous in support of our approach. They agreed with our
rationale and echoed our belief that the approach we outlined will
facilitate and expedite delegation and implementation of the CAR.
To avoid impeding the adoption of the CAR, we specified a
streamlined approach to implement the CAR using State authorities who
have been delegated authority for the referencing subparts. Our
approach is based on two steps. First, we intend to recognize the CAR
as an alternative compliance approach to the referencing subparts.
Second, we intend to waive the need for formal delegation of the CAR
where the State is already delegated authority to implement the
underlying NSPS or NESHAP. The details and implications of both of
these steps are discussed in detail in the proposal preamble (63 FR
57784; October 28, 1998).
One commenter supported an approach that would provide for
implementation of the CAR in States with an approved title V program,
regardless of whether the State has received formal delegation of the
underlying rules. We agree with the commenter that delegation of the
CAR could also occur when States have an approved title V program. We
recognize that fewer States have accepted delegation of the part 63
rules than the parts 60 and 61 rules. By incorporating the part 63
rules into the title V permit as applicable requirements, the terms and
conditions of the part 63 rules become enforceable by the permitting
authority through the permit, as if the part 63 rules themselves were
delegated. We agree that the CAR could be delegated to permitting
authorities with approved title V programs in place; however, there are
advantages to obtaining formal delegation of the CAR by the permitting
authority. Delegation should be conditioned to ensure the CAR is
substantively incorporated unchanged into the permit.
As stated above, there are advantages to accepting formal
delegation of the CAR. Permitting authorities that accept formal
delegation of the CAR through accepting delegation of the referencing
subparts, i.e., the HON (or accept formal delegation of any section 112
requirement), are the clear enforcement authorities. In other words, if
the permitting authority does not accept formal delegation of the
referencing subparts, then the EPA Regional Office remains the
enforcement authority, and sources must submit duplicate reports to
both the EPA Regional Office and the permitting authority.
Additionally, if the permitting authority accepts formal delegation of
the referencing subparts, then the permitting authority can make the
discretionary decisions regarding the general provisions authorities.
For example, if a source wants to change some facet of its monitoring
program, then, in some cases, a permitting authority that has accepted
delegation of the CAR will be able to approve this change. See the 40
CFR part 63, subpart E preamble (64 FR 1879; January 12, 1999) for more
information.
V. Has EPA Changed Its Approach for Incorporating CAR Requirements
Into the Title V Permit?
No. At proposal, we specifically requested comment on our
interpretation of using the minor permit modification mechanism to
implement the CAR at title V sources. Commenters agreed and expressed
support for our approach. The use of the CAR is subject to mutual
agreement with the Administrator, and the title V permit modification
is the appropriate mechanism.
The proposal preamble discussed the incorporation of the CAR
requirements into the title V permit in detail (63 FR 57786; October
28, 1998). At proposal, we reasoned that of the three mechanisms
through which a permit can be modified (administrative amendments,
minor permit modification, or significant modifications), a minor
permit modification is the correct mechanism to use to incorporate the
CAR in most cases. Because the source does not have significant
discretion in establishing the specific requirements, adopting the CAR
qualifies as a minor permit modification. In cases where the CAR allows
significant discretion on the part of the source in determining
monitoring, recordkeeping or reporting requirements, and these are
being established for the first time through the permit revision
process, we would consider this change to be a significant modification
to the permit. An example of this type of provision is under
Sec. 65.162(e) of 40 CFR part 65, subpart G, which applies to sources
who are directed under Sec. 65.154(c)(2) or Sec. 65.155(c)(1) to set
unique monitoring parameters.
VI. Administrative Requirements
A. Paperwork Reduction Act
The information collection requirements in this final rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1854.01) and a copy may be obtained from Sandy Farmer by mail
at Collection Strategies Division; U.S. Environmental Protection Agency
(2822); 1200 Pennsylvania Ave., SW; Washington, DC 20460; by e-mail at
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be
downloaded from the internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.epa.gov/icr. The information
requirements are not enforceable until OMB approves them.
Information is required to ensure compliance with the provisions of
the rules. The information collected pursuant to the CAR will be used
by Agency enforcement personnel to: (1) identify sources subject to the
standards, (2) identify the control methodology being applied, and (3)
ensure that the emission control devices are being properly operated
and maintained on a continuous basis.
In addition, records and reports are necessary to enable EPA to
identify plants that may not be in compliance with the standards. Based
on reported information, EPA can decide which plants should be
inspected and what records or processes should be inspected at the
plants. The records that plants maintain would indicate to EPA whether
plant personnel are operating and maintaining control equipment
properly.
[[Page 78273]]
These recordkeeping and reporting requirements are specifically
authorized by section 114 of the Clean Air Act (42 U.S.C. 7414). All
information submitted to the EPA for which a claim of confidentiality
is made will be safeguarded according to EPA policies in 40 CFR part 2,
subpart B, ``Confidentiality of Business Information.''
The rules require that facility owners or operators retain records
for a period of at least 5 years for title V sources, which exceeds the
3-year retention period contained in the guidelines in 5 CFR 1320.6.
The 5-year retention period is consistent with the general provisions
of 40 CFR part 63, and with the 5-year record retention requirement in
the operating permit program under title V of the Act.
Reports are required on a semi-annual basis and as required, such
as notification of performance testing. Information to be reported
consists of emission data and other information that are not of a
sensitive nature. If the relevant information were collected less
frequently, the EPA would not be reasonably assured that a source is in
compliance with the rules. In addition, the EPA's authority to take
administrative action would be reduced significantly. No sensitive
personal or proprietary information are being collected.
The burden estimate is an estimate of the recordkeeping and
reporting burden that will be incurred by a representative respondent
choosing to comply with the CAR. The estimated annual average hour
burden for all respondents is about 427,046 hours, or about 5,338 hours
per respondent. The estimated annual average cost of this burden is
about $23,051,000 for all of the estimated 80 projected respondents. An
additional cost for operation and maintenance of monitoring systems and
computers is about $32,333,600, for a total cost of about $702,708 per
respondent. The estimated annual average hour burden for the Federal
government is about 6,600 hours, with an associated cost of about
$263,000. These estimates do not include the burden reduction achieved
from not having to comply with the referencing subparts. The net burden
reduction to the industry is estimated to be about 464,000 hours per
year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
B. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether a regulatory action is ``significant'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. The EPA has submitted this action
to OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.
C. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. The EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to OMB, in a separately identified section of the preamble
to the rule, a federalism summary impact statement (FSIS). The FSIS
must include a description of the extent of EPA's prior consultation
with State and local officials, a summary of the nature of their
concerns and the agency's position supporting the need to issue the
regulation, and a statement of the extent to which the concerns of
State and local officials have been met. Also, when EPA transmits a
draft final rule with federalism implications to OMB for review
pursuant to Executive Order 12866, EPA must include a certification
from the agency's Federalism Official stating that EPA has met the
requirements of Executive Order 13132 in a meaningful and timely
manner.
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
This rule consolidates requirements for existing rules, and will result
in no net increase of recordkeeping and reporting to State agencies.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule. Although section 6 of Executive Order 13132 does not
apply to this rule, EPA did consult with State and local officials in
developing this rule.
[[Page 78274]]
D. 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. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that these rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate or the private
sector in any 1 year. Thus, today's rules are not subject to the
requirements of sections 202 and 205 of the UMRA.
The EPA has determined that these rules contain no regulatory
requirements that might significantly or uniquely affect small
governments. No small government entities have been identified that
have involvement with these source categories and, as such, are not
covered by the regulatory requirements of the proposed regulations.
F. Regulatory Flexibility
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq., generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency determines that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
After considering the economic impacts of today's final rule on
small entities, EPA has determined that this action will not have a
significant economic impact on a substantial number of small entities
and therefore a regulatory flexibility analysis was not necessary. This
final rule is an optional compliance method and does not introduce any
new requirements. Sources, including small entities, may choose to
comply with the final rule if they determine that it would be
beneficial to do so. We have therefore concluded that today's final
rule will relieve regulatory burden for all small entities.
G. National Technology Transfer and Advancement Act
As stated in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d) (15 U.S.C. 272 note), directs the EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) that are developed or adopted by voluntary consensus standard
bodies. The purpose of the NTTAA is to reduce the costs to the private
and public sectors by requiring Federal agencies to use existing
technical standards used in commerce or industry. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
The technical standards promulgated with this final rule are
standards that have been proposed and promulgated under other
rulemakings for similar source control applicability and compliance
determinations. Since today's final rule does not involve the
establishment or modification of technical standards, the requirements
of the NTTAA do not apply.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to
[[Page 78275]]
influence the regulation. This final rule is not subject to Executive
Order 13045 because it does not involve decisions on environmental
health risks or safety risks that may disproportionately affect
children.
I. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the SBREFA of 1996, generally provides that before a rule may take
effect, the agency adopting 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. The EPA submitted 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 this rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Incorporation by reference,
Intergovernmental relations, Reporting and recordkeeping requirements,
Volatile organic compounds.
40 CFR Part 61
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 65
Environmental protection, Air pollution control, Incorporation by
reference. Intergovernmental relations. Reporting and recordkeeping
requirements.
Dated: September 20, 2000.
Carol M. Browner,
Administrator.
For the reasons cited in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 is revised to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
Sec. 60.17 [Amended]
1a. Amend Sec. 60.17 as follows:
a. In paragraph (a)(12), remove ``98,'';
b. In paragraph (a)(13), remove ``95,'' and ``97,'';
c. In paragraph (a)(14), remove, ``98,'';
d. In paragraph (a)(19), add ``(Reapproved 1980)'' after ``D1475-
60'' and remove ``80,'';
e. In paragraph (a)(22), remove ``82,86,'';
f. In paragraph (a)(28), remove ``97a,''; and
g. In paragraph (a)(47), add ``Test'' after ``Standard''.
Subpart Ka--Standards of Performance for Storage Vessels for
Petroleum Liquids for Which Construction, Reconstruction, or
Modification Commenced After May 18, 1978, and Prior to July 23,
1984
2. Section 60.110a is amended by revising paragraph (a) and adding
paragraph (c) to read as follows:
Sec. 60.110a Applicability and designation of affected facility.
(a) Affected facility. Except as provided in paragraph (b) of this
section, the affected facility to which this subpart applies is each
storage vessel with a storage capacity greater than 151,416 liters
(40,000 gallons) that is used to store petroleum liquids for which
construction is commenced after May 18, 1978.
* * * * *
(c) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators may choose to comply with 40 CFR part 65,
subpart C, to satisfy the requirements of Secs. 60.112a through 60.114a
for storage vessels that are subject to this subpart that store
petroleum liquids that, as stored, have a maximum true vapor pressure
equal to or greater than 10.3 kPa (1.5 psia). Other provisions applying
to owners or operators who choose to comply with 40 CFR part 65 are
provided in 40 CFR 65.1.
(2) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C, must also comply with Secs. 60.1, 60.2,
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those
storage vessels. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph (c)(2) do not apply to owners
or operators of storage vessels complying with 40 CFR part 65, subpart
C, except that provisions required to be met prior to implementing 40
CFR part 65 still apply. Owners and operators who choose to comply with
40 CFR part 65, subpart C, must comply with 40 CFR part 65, subpart A.
3. Section 60.115a is amended by revising paragraph (d)(2) to read
as follows:
Sec. 60.115a Monitoring of operations.
* * * * *
(d) * * *
(2) The owner or operator of each storage vessel equipped with a
vapor recovery and return or disposal system in accordance with the
requirements of Sec. 60.112a(a)(3) and (b), or a closed vent system and
control device meeting the specifications of 40 CFR 65.42(b)(4),
(b)(5), or (c).
Subpart Kb--Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for
Which Construction, Reconstruction, or Modification Commenced After
July 23, 1984
4. Section 60.110b is amended by adding paragraph (e) to read as
follows:
Sec. 60.110b Applicability and designation of affected facility.
* * * * *
(e) Alternative means of compliance.--(1) Option to comply with
part 65. Owners or operators may choose to comply with 40 CFR part 65,
subpart C, to satisfy the requirements of Secs. 60.112b through 60.117b
for storage vessels that are subject to this subpart that meet the
specifications in paragraphs (e)(1)(i) and (ii) of this section. When
choosing to comply with 40 CFR part 65, subpart C, the monitoring
requirements of Sec. 60.116b(c), (e), (f)(1), and (g) still apply.
Other provisions applying to owners or operators who choose to comply
with 40 CFR part 65 are provided in 40 CFR 65.1.
(i) A storage vessel with a design capacity greater than or equal
to 151 m3 containing a VOL that, as stored, has a maximum
true vapor pressure equal to or greater than 5.2 kPa; or
(ii) A storage vessel with a design capacity greater than 75
m3 but less than 151 m3 containing a VOL that, as
stored, has a maximum true vapor pressure equal to or greater than 27.6
kPa.
(2) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C, must also
[[Page 78276]]
comply with Secs. 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14,
60.15, and 60.16 for those storage vessels. All sections and paragraphs
of subpart A of this part that are not mentioned in this paragraph
(e)(2) do not apply to owners or operators of storage vessels complying
with 40 CFR part 65, subpart C, except that provisions required to be
met prior to implementing 40 CFR part 65 still apply. Owners and
operators who choose to comply with 40 CFR part 65, subpart C, must
comply with 40 CFR part 65, subpart A.
(3) Internal floating roof report. If an owner or operator installs
an internal floating roof and, at initial startup, chooses to comply
with 40 CFR part 65, subpart C, a report shall be furnished to the
Administrator stating that the control equipment meets the
specifications of 40 CFR 65.43. This report shall be an attachment to
the notification required by 40 CFR 65.5(b).
(4) External floating roof report. If an owner or operator installs
an external floating roof and, at initial startup, chooses to comply
with 40 CFR part 65, subpart C, a report shall be furnished to the
Administrator stating that the control equipment meets the
specifications of 40 CFR 65.44. This report shall be an attachment to
the notification required by 40 CFR 65.5(b).
5. Section 60.116b is amended by revising paragraph (g) to read as
follows:
Sec. 60.116b Monitoring of operations.
* * * * *
(g) The owner or operator of each vessel equipped with a closed
vent system and control device meeting the specification of
Sec. 60.112b or with emissions reductions equipment as specified in 40
CFR 65.42(b)(4), (b)(5), (b)(6), or (c) is exempt from the requirements
of paragraphs (c) and (d) of this section.
Subpart VV--Standards of Performance for Equipment Leaks of VOC in
the Synthetic Organic Chemicals Manufacturing Industry
6. Section 60.480 is amended by adding paragraph (e) to read as
follows:
Sec. 60.480 Applicability and designation of affected facility.
* * * * *
(e) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators may choose to comply with the provisions of 40
CFR part 65, subpart F, to satisfy the requirements of Secs. 60.482
through 60.487 for an affected facility. When choosing to comply with
40 CFR part 65, subpart F, the requirements of Sec. 60.485(d), (e), and
(f), and Sec. 60.486(i) and (j) still apply. Other provisions applying
to an owner or operator who chooses to comply with 40 CFR part 65 are
provided in 40 CFR 65.1.
(2) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart F must also comply with Secs. 60.1, 60.2,
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that
equipment. All sections and paragraphs of subpart A of this part that
are not mentioned in this paragraph (e)(2) do not apply to owners or
operators of equipment subject to this subpart complying with 40 CFR
part 65, subpart F, except that provisions required to be met prior to
implementing 40 CFR part 65 still apply. Owners and operators who
choose to comply with 40 CFR part 65, subpart F, must comply with 40
CFR part 65, subpart A.
7. Section 60.481 is amended by revising the definition of ``Closed
vent system'' and adding in alphabetical order the definitions of
``Duct work,'' ``Fuel gas,'' ``Fuel gas system,'' ``Hard-piping,'' and
``Sampling connection system,'' to read as follows:
Sec. 60.481 Definitions.
* * * * *
Closed vent system means a system that is not open to the
atmosphere and that is composed of hard-piping, ductwork, connections,
and, if necessary, flow-inducing devices that transport gas or vapor
from a piece or pieces of equipment to a control device or back to a
process.
* * * * *
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
* * * * *
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgement and standards such as ASME
B31.3, Process Piping (available from the American Society of
Mechanical Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
* * * * *
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
* * * * *
8. Section 60.482-1 is amended by revising paragraph (a) to read as
follows:
Sec. 60.482-1 Standards: General.
(a) Each owner or operator subject to the provisions of this
subpart shall demonstrate compliance with the requirements of
Secs. 60.482-1 through 60.482-10 or Sec. 60.480(e) for all equipment
within 180 days of initial startup.
* * * * *
9. Section 60.482-2 is amended by:
a. Revising paragraph (d)(1)(ii);
b. Revising paragraph (f);
c. Adding paragraph (g); and
d. Adding paragraph (h).
The revisions and additions read as follows:
Sec. 60.482-2 Standards: Pumps in light liquid service.
* * * * *
(d) * * *
(1) * * *
(ii) Equipment with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of
Sec. 60.482-10; or
* * * * *
(f) If any pump is equipped with a closed vent system capable of
capturing and transporting any leakage from the seal or seals to a
process or to a fuel gas system or to a control device that complies
with the requirements of Sec. 60.482-10, it is exempt from paragraphs
(a) through (e) of this section.
(g) Any pump that is designated, as described in Sec. 60.486(f)(1),
as an unsafe-to-monitor pump is exempt from the monitoring and
inspection requirements of paragraphs (a) and (d)(4) through (6) of
this section if:
(1) The owner or operator of the pump demonstrates that the pump is
unsafe-to-monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraph (a) of
this section; and
(2) The owner or operator of the pump has a written plan that
requires
[[Page 78277]]
monitoring of the pump as frequently as practicable during safe-to-
monitor times but not more frequently than the periodic monitoring
schedule otherwise applicable, and repair of the equipment according to
the procedures in paragraph (c) of this section if a leak is detected.
(h) Any pump that is located within the boundary of an unmanned
plant site is exempt from the weekly visual inspection requirement of
paragraphs (a)(2) and (d)(4) of this section, and the daily
requirements of paragraph (d)(5) of this section, provided that each
pump is visually inspected as often as practicable and at least
monthly.
10. Section 60.482-3 is amended by revising paragraphs (b)(2) and
(h) to read as follows:
Sec. 60.482-3 Standards: Compressors.
* * * * *
(b) * * *
(2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of
Sec. 60.482-10; or
* * * * *
(h) A compressor is exempt from the requirements of paragraphs (a)
and (b) of this section, if it is equipped with a closed vent system to
capture and transport leakage from the compressor drive shaft back to a
process or fuel gas system or to a control device that complies with
the requirements of Sec. 60.482-10, except as provided in paragraph (i)
of this section.
* * * * *
11. Section 60.482-4 is amended by revising paragraph (c), and
adding paragraph (d) to read as follows:
Sec. 60.482-4 Standards: Pressure relief devices in gas/vapor service.
* * * * *
(c) Any pressure relief device that is routed to a process or fuel
gas system or equipped with a closed vent system capable of capturing
and transporting leakage through the pressure relief device to a
control device as described in Sec. 60.482-10 is exempted from the
requirements of paragraphs (a) and (b) of this section.
(d)(1) Any pressure relief device that is equipped with a rupture
disk upstream of the pressure relief device is exempt from the
requirements of paragraphs (a) and (b) of this section, provided the
owner or operator complies with the requirements in paragraph (d)(2) of
this section.
(2) After each pressure release, a new rupture disk shall be
installed upstream of the pressure relief device as soon as
practicable, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 60.482-9.
12. Section 60.482-5 is amended by:
a. Revising paragraph (a);
b. Revising the introductory text to paragraph (b);
c. In paragraph (b)(3), removing the period and adding ``; or'' in
it's place; and
d. Adding paragraph (b)(4).
The revisions and addition read as follows:
Sec. 60.482-5 Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a
closed-purged, closed-loop, or closed-vent system, except as provided
in Sec. 60.482-1(c). Gases displaced during filling of the sample
container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall comply with the
requirements specified in paragraphs (b)(1) through (4) of this
section:
* * * * *
(4) Collect, store, and transport the purged process fluid to any
of the following systems or facilities:
(i) A waste management unit as defined in 40 CFR 63.111, if the
waste management unit is subject to, and operated in compliance with
the provisions of 40 CFR part 63, subpart G, applicable to Group 1
wastewater streams;
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
* * * * *
13. Section 60.482-6 is amended by adding paragraphs (d) and (e) to
read as follows:
Sec. 60.482-6 Standards: Open-ended valves or lines.
* * * * *
(d) Open-ended valves or lines in an emergency shutdown system
which are designed to open automatically in the event of a process
upset are exempt from the requirements of paragraphs (a), (b) and (c)
of this section.
(e) Open-ended valves or lines containing materials which would
autocatalytically polymerize or would present an explosion, serious
overpressure, or other safety hazard if capped or equipped with a
double block and bleed system as specified in paragraphs (a) through
(c) of this section are exempt from the requirements of paragraphs (a)
through (c) of this section.
14. Section 60.482-8 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 60.482-8 Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and
connectors.
(a) If evidence of a potential leak is found by visual, audible,
olfactory, or any other detection method at pumps and valves in heavy
liquid service, pressure relief devices in light liquid or heavy liquid
service, and connectors, the owner or operator shall follow either one
of the following procedures:
(1) The owner or operator shall monitor the equipment within 5 days
by the method specified in Sec. 60.485(b) and shall comply with the
requirements of paragraphs (b) through (d) of this section.
(2) The owner or operator shall eliminate the visual, audible,
olfactory, or other indication of a potential leak.
* * * * *
15. Section 60.482-9 is amended by revising paragraph (a) to read
as follows:
Sec. 60.482-9 Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
will be allowed if repair within 15 days is technically infeasible
without a process unit shutdown. Repair of this equipment shall occur
before the end of the next process unit shutdown.
* * * * *
16. Section 60.482-10 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 60.482-10 Standards: Closed vent systems and control devices.
* * * * *
(b) Vapor recovery systems (for example, condensers and absorbers)
shall be designed and operated to recover the VOC emissions vented to
them with an efficiency of 95 percent or greater, or to an exit
concentration of 20 parts per million by volume, whichever is less
stringent.
(c) Enclosed combustion devices shall be designed and operated to
reduce the VOC emissions vented to them with an efficiency of 95
percent or greater, or to an exit concentration of 20 parts per million
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is
less stringent or to provide a minimum residence time of 0.75
[[Page 78278]]
seconds at a minimum temperature of 816 deg.C.
* * * * *
17. Section 60.483-1 is amended by revising paragraph (b)(1) to
read as follows:
Sec. 60.483-1 Alternative standards for valves--allowable percentage
of valves leaking.
* * * * *
(b) * * *
(1) An owner or operator must notify the Administrator that the
owner or operator has elected to comply with the allowable percentage
of valves leaking before implementing this alternative standard, as
specified in Sec. 60.487(d).
* * * * *
18. Section 60.483-2 is amended by revising paragraph (a)(2) to
read as follows:
Sec. 60.483-2 Alternative standards for valves--skip period leak
detection and repair.
(a) * * *
(2) An owner or operator must notify the Administrator before
implementing one of the alternative work practices, as specified in
Sec. 60.487(d).
* * * * *
19. Section 60.486 is amended by revising paragraphs (f)
introductory text and (f)(1) to read as follows:
Sec. 60.486 Recordkeeping requirements.
(f) The following information pertaining to all valves subject to
the requirements of Sec. 60.482-7(g) and (h) and to all pumps subject
to the requirements of Sec. 60.482-2(g) shall be recorded in a log that
is kept in a readily accessible location:
(1) A list of identification numbers for valves and pumps that are
designated as unsafe-to-monitor, an explanation for each valve or pump
stating why the valve or pump is unsafe-to-monitor, and the plan for
monitoring each valve or pump.
* * * * *
Subpart DDD--Standards of Performance for Volatile Organic Compound
(VOC) Emissions From the Polymer Manufacturing Industry
* * * * *
20. Section 60.560 is amended by adding paragraph (j) before the
note to read as follows:
Sec. 60.560 Applicability and designation of affected facilities.
* * * * *
(j) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators may choose to comply with 40 CFR part 65,
subpart G, for continuous process vents that are subject to this
subpart, that choose to comply with Sec. 60.562-1(a)(1)(i)(A), (B), or
(C) as allowed in Sec. 60.562-1(a)(1) and (b)(1)(iii). The requirements
of 40 CFR part 65, subpart G, satisfy the requirements of paragraph (c)
of this section and Secs. 60.563 through 60.566, except for
Sec. 60.565(g)(1). Other provisions applying to owners or operators who
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
(2) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart G, must also comply with Secs. 60.1, 60.2,
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those
process vents. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph (j)(2) do not apply to owners
or operators of process vents complying with 40 CFR part 65, subpart G,
except that provisions required to be met prior to implementing 40 CFR
part 65 still apply. Owners and operators who choose to comply with 40
CFR part 65, subpart G, must comply with 40 CFR part 65, subpart A.
(3) Initial startup notification. Each owner or operator subject to
the provisions of this subpart that chooses to comply with 40 CFR part
65, subpart G, at initial startup shall notify the Administrator of the
specific provisions of 40 CFR part 65, subpart G, with which the owner
or operator has elected to comply. Notification shall be submitted with
the notification of initial startup required by 40 CFR 65.5(b).
* * * * *
21. Section 60.565 is amended by revising paragraph (g)
introductory text to read as follows:
Sec. 60.565 Reporting and recordkeeping requirements.
* * * * *
(g) Each owner or operator of an affected facility subject to the
provisions of this subpart and seeking to demonstrate compliance with
Sec. 60.560(j) or Sec. 60.562-1 shall keep up-to-date, readily
accessible records of:
* * * * *
Subpart III--Standards of Performance for Volatile Organic Compound
(VOC) Emissions From the Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Air Oxidation Unit Processes
22. Section 60.610 is amended by adding paragraph (d) before the
note to read as follows:
Sec. 60.610 Applicability and designation of affected facility.
* * * * *
(d) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators of process vents that are subject to this
subpart may choose to comply with the provisions of 40 CFR part 65,
subpart D, to satisfy the requirements of Secs. 60.612 through 60.615
and 60.618. The provisions of 40 CFR part 65 also satisfy the criteria
of paragraph (c) of this section. Other provisions applying to an owner
or operator who chooses to comply with 40 CFR part 65 are provided in
40 CFR 65.1.
(2) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart D, must also comply with Secs. 60.1, 60.2,
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those
process vents. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph (d)(2) do not apply to owners
or operators of process vents complying with 40 CFR part 65, subpart D,
except that provisions required to be met prior to implementing 40 CFR
part 65 still apply. Owners and operators who choose to comply with 40
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
(3) Compliance date. Owners or operators who choose to comply with
40 CFR part 65, subpart D, at initial startup shall comply with
paragraphs (d)(1) and (2) of this section for each vent stream on and
after the date on which the initial performance test is completed, but
not later than 60 days after achieving the maximum production rate at
which the affected facility will be operated, or 180 days after the
initial startup, whichever date comes first.
(4) Initial startup notification. Each owner or operator subject to
the provisions of this subpart that chooses to comply with 40 CFR part
65, subpart D, at initial startup shall notify the Administrator of the
specific provisions of 40 CFR 65.63(a)(1), (2), or (3) with which the
owner or operator has elected to comply. Notification shall be
submitted with the notifications of initial startup required by 40 CFR
65.5(b).
* * * * *
[[Page 78279]]
Subpart NNN--Standards of Performance for Volatile Organic Compound
(VOC) Emissions From Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Distillation Operations
23. Section 60.660 is amended by adding paragraph (d) before the
note to read as follows:
Sec. 60.660 Applicability and designation of affected facility.
* * * * *
(d) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators of process vents that are subject to this
subpart may choose to comply with the provisions of 40 CFR part 65,
subpart D, to satisfy the requirements of Secs. 60.662 through 60.665
and 60.668. The provisions of 40 CFR part 65 also satisfy the criteria
of paragraphs (c)(4) and (6) of this section. Other provisions applying
to an owner or operator who chooses to comply with 40 CFR part 65 are
provided in 40 CFR 65.1.
(2) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart D, must also comply with Secs. 60.1, 60.2,
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those
process vents. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph (d)(2) do not apply to owners
or operators of process vents complying with 40 CFR part 65, subpart D,
except that provisions required to be met prior to implementing 40 CFR
part 65 still apply. Owners and operators who choose to comply with 40
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
(3) Compliance date. Owners or operators who choose to comply with
40 CFR part 65, subpart D, at initial startup shall comply with
paragraphs (d)(1) and (2) of this section for each vent stream on and
after the date on which the initial performance test is completed, but
not later than 60 days after achieving the maximum production rate at
which the affected facility will be operated, or 180 days after the
initial startup, whichever date comes first.
(4) Initial startup notification. Each owner or operator subject to
the provisions of this subpart that chooses to comply with 40 CFR part
65, subpart D, at initial startup shall notify the Administrator of the
specific provisions of 40 CFR 65.63(a)(1), (2), or (3), with which the
owner or operator has elected to comply. Notification shall be
submitted with the notifications of initial startup required by 40 CFR
65.5(b).
* * * * *
24. Section 60.665 is amended by revising paragraph (l)(6) to read
as follows:
Sec. 60.665 Reporting and recordkeeping requirements.
* * * * *
(l) * * *
(6) Any change in equipment or process operation, as recorded under
paragraph (j) of this section, that increases the design production
capacity above the low capacity exemption level in Sec. 60.660(c)(5)
and the new capacity resulting from the change for the distillation
process unit containing the affected facility. These must be reported
as soon as possible after the change and no later than 180 days after
the change. These reports may be submitted either in conjunction with
semiannual reports or as a single separate report. A performance test
must be completed within the same time period to obtain the vent stream
flow rate, heating value, and ETOC. The performance test is
subject to the requirements of Sec. 60.8. The facility must begin
compliance with the requirements set forth in Sec. 60.660(d) or
Sec. 60.662. If the facility chooses to comply with Sec. 60.662, the
facility may qualify for an exemption in Sec. 60.660(c)(4) or (6).
* * * * *
Subpart RRR--Standards of Performance for Volatile Organic Compound
(VOC) Emissions From Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Reactor Processes
25. Section 60.700 is amended by adding paragraph (d) before the
note to read as follows:
Sec. 60.700 Applicability and designation of affected facility.
* * * * *
(d) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators of process vents that are subject to this
subpart may choose to comply with the provisions of 40 CFR part 65,
subpart D, to satisfy the requirements of Secs. 60.702 through 60.705
and 60.708. The provisions of 40 CFR part 65 also satisfy the criteria
of paragraphs (c)(2), (4), and (8) of this section. Other provisions
applying to an owner or operator who chooses to comply with 40 CFR part
65 are provided in 40 CFR 65.1.
(2) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart D, must also comply with Secs. 60.1, 60.2,
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those
process vents. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph (d)(2) do not apply to owners
or operators of process vents complying with 40 CFR part 65, subpart D,
except that provisions required to be met prior to implementing 40 CFR
part 65 still apply. Owners and operators who choose to comply with 40
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
(3) Compliance date. Owners or operators who choose to comply with
40 CFR part 65, subpart D at initial startup shall comply with
paragraphs (d)(1) and (2) of this section for each vent stream on and
after the date on which the initial performance test is completed, but
not later than 60 days after achieving the maximum production rate at
which the affected facility will be operated, or 180 days after the
initial startup, whichever date comes first.
(4) Initial startup notification. Each owner or operator subject to
the provisions of this subpart that chooses to comply with 40 CFR part
65, subpart D, at initial startup shall notify the Administrator of the
specific provisions of 40 CFR 65.63(a)(1), (2), or (3), with which the
owner or operator has elected to comply. Notification shall be
submitted with the notifications of initial startup required by 40 CFR
65.5(b).
* * * * *
26. Section 60.705 is amended by revising paragraph (1)(5) to read
as follows:
Sec. 60.705 Reporting and recordkeeping requirements.
* * * * *
(l) * * *
(5) Any change in equipment or process operation, as recorded under
paragraph (i) of this section, that increases the design production
capacity above the low capacity exemption level in Sec. 60.700(c)(3)
and the new capacity resulting from the change for the reactor process
unit containing the affected facility. These must be reported as soon
as possible after the change and no later than 180 days after the
change. These reports may be submitted either in conjunction with
semiannual reports or as a single separate report. A performance test
must be completed within the same time period to obtain the vent stream
flow rate, heating value, and ETOC. The performance test is
subject to the requirements of Sec. 60.8. The facility must begin
compliance with the requirements set forth in Sec. 60.702 or
Sec. 60.700(d). If the
[[Page 78280]]
facility chooses to comply with Sec. 60.702, the facility may qualify
for an exemption under Sec. 60.700(c)(2), (4), or (8).
* * * * *
PART 61--[AMENDED]
27. The authority citation for part 61 is revised to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
28. Amend Sec. 61.18 as follows:
a. In paragraph (a)(5), add ``Standard Test Method for'' after
``88,'';
b. In paragraph (a)(8), add ``(Reapproved 1993)'' after ``88'' and
remove ``93,'';
c. Redesignate paragraphs (a)(9) through (a)(13) as paragraphs
(a)(10) through (a)(14);
d. Add new paragraph (a)(9); and
e. Add paragraph (e).
The additions read as follows:
Sec. 61.18 Incorporations by reference.
(a) * * *
(9) ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope, IBR approved December 14, 2000 for
Sec. 61.241.
* * * * *
(e) The materials listed in this paragraph (e) are available for
purchase from the American Petroleum Institute (API), 1220 L Street,
NW., Washington, DC 20005.
(1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition. February 1989. IBR approved December 14,
2000 for Sec. 61.241.
(2) [Reserved]
Subpart J--National Emission Standard for Equipment Leaks (Fugitive
Emission Sources) of Benzene
29. Section 61.110 is amended by revising paragraph (a) to read as
follows:
Sec. 61.110 Applicability and designation of sources.
(a) The provisions of this subpart apply to each of the following
sources that are intended to operate in benzene service: pumps,
compressors, pressure relief devices, sampling connection systems,
open-ended valves or lines, valves, connectors, surge control vessels,
bottoms receivers, and control devices or systems required by this
subpart.
* * * * *
Subpart V--National Emission Standard for Equipment Leaks (Fugitive
Emission Sources)
30. Section 61.240 is amended by revising paragraph (a) and adding
paragraph (d) to read as follows:
Sec. 61.240 Applicability and designation of sources.
(a) The provisions of this subpart apply to each of the following
sources that are intended to operate in volatile hazardous air
pollutant (VHAP) service: pumps, compressors, pressure relief devices,
sampling connection systems, open-ended valves or lines, valves,
connectors, surge control vessels, bottoms receivers, and control
devices or systems required by this subpart.
* * * * *
(d) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators may choose to comply with 40 CFR part 65 to
satisfy the requirements of Secs. 61.242-1 through 61.247 for equipment
that is subject to this subpart and that is part of the same process
unit. When choosing to comply with 40 CFR part 65, the requirements of
Secs. 61.245(d) and 61.246(i) and (j) still apply. Other provisions
applying to owners or operators who choose to comply with 40 CFR part
65 are provided in 40 CFR 65.1.
(2) Part 65, subpart C or F. For owners or operators choosing to
comply with 40 CFR part 65, each surge control vessel and bottoms
receiver subject to this subpart that meets the conditions specified in
table 1 or table 2 of this subpart shall meet the requirements for
storage vessels in 40 CFR part 65, subpart C; all other equipment
subject to this subpart shall meet the requirements in 40 CFR part 65,
subpart F.
(3) Part 61, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C or F, must also comply with Secs. 61.01,
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for
that equipment. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph (d)(3) do not apply to owners
or operators of equipment subject to this subpart complying with 40 CFR
part 65, subpart C or F, except that provisions required to be met
prior to implementing 40 CFR part 65 still apply. Owners and operators
who choose to comply with 40 CFR part 65, subpart C or F, must comply
with 40 CFR part 65, subpart A.
(4) Rules referencing this subpart. Owners or operators referenced
to this subpart from subpart F or J of this part may choose to comply
with 40 CFR part 65 for all equipment listed in paragraph (a) of this
section.
31. Section 61.241 is amended by revising the definitions of
``Closed-vent system'' and ``Equipment,'' adding in alphabetical order
the definitions of ``Bottoms receiver,'' ``Duct work,'' ``Fuel gas,''
``Fuel gas system,'' ``Hard-piping,'' ``Maximum true vapor pressure,''
``Sampling connection system,'' and ``Surge control vessel,'' and
removing the definition of ``Product accumulator vessel'' to read as
follows:
Sec. 61.241 Definitions.
* * * * *
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
Closed-vent system means a system that is not open to atmosphere
and that is composed of hard-piping, ductwork, connections, and, if
necessary, flow-inducing devices that transport gas or vapor from a
piece or pieces of equipment to a control device or back to a process.
* * * * *
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Equipment means each pump, compressor, pressure relief device,
sampling connection system, open-ended valve or line, valve, connector,
surge control vessel, bottoms receiver in VHAP service, and any control
devices or systems required by this subpart.
* * * * *
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgement and standards such as ASME
B31.3, Process Piping (available from the American Society of
Mechanical Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
* * * * *
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total VHAP in the stored or
[[Page 78281]]
transferred liquid at the temperature equal to the highest calendar-
month average of the liquid storage or transfer temperature for liquids
stored or transferred above or below the ambient temperature or at the
local maximum monthly average temperature as reported by the National
Weather Service for liquids stored or transferred at the ambient
temperature, as determined:
(1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporative Loss From External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 61.18); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-83, Standard Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope (incorporated by reference as specified in Sec. 61.18); or
(4) Any other method approved by the Administrator.
* * * * *
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take non-routine grab
samples is not considered a sampling connection system.
* * * * *
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit when in-process storage, mixing, or management of flow rates of
volumes is needed on a recurring or ongoing basis to assist in
production of a product.
* * * * *
32. Section 61.242-2 is amended by:
a. Redesignating paragraph (g) as paragraph (h);
b. Revising paragraph (a)(1);
c. Revising paragraph (d)(1)(ii);
d. Revising paragraph (f);
e. Adding new paragraph (g); and
f. Revising newly designated paragraph (h).
The revisions and addition read as follows:
Sec. 61.242-2 Standards: Pumps.
(a)(1) Each pump shall be monitored monthly to detect leaks by the
methods specified in Sec. 61.245(b), except as provided in Sec. 61.242-
1(c) and paragraphs (d), (e), (f) and (g) of this section.
* * * * *
(d) * * *
(1) * * *
(ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that complies with the requirements of
Sec. 61.242-11; or
* * * * *
(f) If any pump is equipped with a closed-vent system capable of
capturing and transporting any leakage from the seal or seals to a
process or fuel gas system or to a control device that complies with
the requirements of Sec. 61.242-11, it is exempt from the requirements
of paragraphs (a) through (e) of this section.
(g) Any pump that is designated, as described in Sec. 61.246(f)(1),
as an unsafe-to-monitor pump is exempt from the monitoring and
inspection requirements of paragraphs (a) and (d)(4) through (6) of
this section if:
(1) The owner or operator of the pump demonstrates that the pump is
unsafe-to-monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraph (a) of
this section; and
(2) The owner or operator of the pump has a written plan that
requires monitoring of the pump as frequently as practicable during
safe-to-monitor times but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in paragraph (c) of this section if a leak
is detected.
(h) Any pump that is located within the boundary of an unmanned
plant site is exempt from the weekly visual inspection requirement of
paragraphs (a)(2) and (d)(4) of this section, and the daily
requirements of paragraph (d)(5) of this section, provided that each
pump is visually inspected as often as practicable and at least
monthly.
33. Section 61.242-3 is amended by revising paragraphs (b)(2) and
(h) to read as follows:
Sec. 61.242-3 Standards: Compressors.
* * * * *
(b) * * *
(2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system or connected by a closed-vent
system to a control device that complies with the requirements of
Sec. 61.242-11; or
* * * * *
(h) A compressor is exempt from the requirements of paragraphs (a)
and (b) of this section if it is equipped with a closed-vent system to
capture and transport leakage from the compressor drive shaft back to a
process or fuel gas system or to a control device that complies with
the requirements of Sec. 61.242-11, except as provided in paragraph (i)
of this section.
* * * * *
34. Section 61.242-4 is amended by revising paragraph (c) and
adding paragraph (d) to read as follows:
Sec. 61.242-4 Standards: Pressure relief devices in gas/vapor service.
* * * * *
(c) Any pressure relief device that is routed to a process or fuel
gas system or equipped with a closed-vent system capable of capturing
and transporting leakage from the pressure relief device to a control
device as described in Sec. 61.242-11 is exempt from the requirements
of paragraphs (a) and (b) of this section.
(d)(1) Any pressure relief device that is equipped with a rupture
disk upstream of the pressure relief device is exempt from the
requirements of paragraphs (a) and (b) of this section, provided the
owner or operator complies with the requirements in paragraph (d)(2) of
this section.
(2) After each pressure release, a new rupture disk shall be
installed upstream of the pressure relief device as soon as
practicable, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 61.242-10.
35. Section 61.242-5 is revised to read as follows:
Sec. 61.242-5 Standards: Sampling connecting systems.
(a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed vent system, except as provided in
Sec. 61.242-1(c). Gases displaced during filling of the sample
container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed vent system as
required in paragraph (a) of this section shall comply with the
requirements specified in paragraphs (b)(1) through (4) of this
section:
(1) Return the purged process fluid directly to the process line;
or
(2) Collect and recycle the purged process fluid; or
(3) Be designed and operated to capture and transport all the
purged process fluid to a control device that complies with the
requirements of Sec. 61.242-11; or
(4) Collect, store, and transport the purged process fluid to any
of the following systems or facilities:
(i) A waste management unit as defined in 40 CFR 63.111 if the
waste
[[Page 78282]]
management unit is subject to and operated in compliance with the
provisions of 40 CFR part 63, subpart G, applicable to Group 1
wastewater streams; or
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
(c) In-situ sampling systems and sampling systems without purges
are exempt from the requirements of paragraphs (a) and (b) of this
section.
36. Section 61.242-6 is amended by adding paragraphs (d) and (e) to
read as follows:
Sec. 61.242-6 Standards: Open-ended valves or lines.
* * * * *
(d) Open-ended valves or lines in an emergency shutdown system
which are designed to open automatically in the event of a process
upset are exempt from the requirements of paragraphs (a), (b) and (c)
of this section.
(e) Open-ended valves or lines containing materials which would
autocatalytically polymerize or would present an explosion, serious
overpressure, or other safety hazard if capped or equipped with a
double block and bleed system as specified in paragraphs (a) through
(c) of this section are exempt from the requirements of paragraphs (a)
through (c) of this section.
37. Section 61.242-8 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 61.242-8 Standards: Pressure relief services in liquid service
and connectors.
(a) If evidence of a potential leak is found by visual, audible,
olfactory, or any other detection method at pressure relief devices in
liquid service and connectors, the owner or operator shall follow
either one of the following procedures, except as provided in
Sec. 61.242-1(c):
(1) The owner or operator shall monitor the equipment within 5 days
by the method specified in Sec. 61.245(b) and shall comply with the
requirements of paragraphs (b) through (d) of this section.
(2) The owner or operator shall eliminate the visual, audible,
olfactory, or other indication of a potential leak.
* * * * *
38. Section 61.242-9 is revised to read as follows:
Sec. 61.242-9 Standards: Surge control vessels and bottoms receivers.
Each surge control vessel or bottoms receiver that is not routed
back to the process and that meets the conditions specified in table 1
or table 2 of this subpart shall be equipped with a closed-vent system
capable of capturing and transporting any leakage from the vessel back
to the process or to a control device as described in Sec. 61.242-11,
except as provided in Sec. 61.242-1(c); or comply with the requirements
of 40 CFR 63.119(b) or (c).
39. Section 61.242-10 is amended by revising paragraph (a) to read
as follows:
Sec. 61.242-10 Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
will be allowed if repair within 15 days is technically infeasible
without a process unit shutdown. Repair of this equipment shall occur
before the end of the next process unit shutdown.
* * * * *
40. Section 61.242-11 is amended by:
a. Revising paragraph (b);
b. Revising paragraph (c);
c. Revising paragraph (f);
d. Revising paragraph (g);
e. Adding paragraph (h);
f. Adding paragraph (i);
g. Adding paragraph (j);
h. Adding paragraph (k);
i. Adding paragraph (l); and
j. Adding paragraph (m).
The revisions and additions read as follows:
Sec. 61.242-11 Standards: Closed-vent systems and control devices.
* * * * *
(b) Vapor recovery systems (for example, condensers and absorbers)
shall be designed and operated to recover the organic vapors vented to
them with an efficiency of 95 percent or greater, or to an exit
concentration of 20 parts per million by volume, whichever is less
stringent.
(c) Enclosed combustion devices shall be designed and operated to
reduce the VHAP emissions vented to them with an efficiency of 95
percent or greater, or to an exit concentration of 20 parts per million
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is
less stringent, or to provide a minimum residence time of 0.50 seconds
at a minimum temperature of 760 deg.C.
* * * * *
(f) Except as provided in paragraphs (i) through (k) of this
section, each closed vent system shall be inspected according to the
procedures and schedule specified in paragraph (f)(1) or (2) of this
section, as applicable.
(1) If the vapor collection system or closed vent system is
constructed of hard-piping, the owner or operator shall comply with the
following requirements:
(i) Conduct an initial inspection according to the procedures in
Sec. 61.245(b); and
(ii) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(2) If the vapor collection system or closed vent system is
constructed of ductwork, the owner or operator shall:
(i) Conduct an initial inspection according to the procedures in
Sec. 61.245(b); and
(ii) Conduct annual inspections according to the procedures in
Sec. 61.245(b).
(g) Leaks, as indicated by an instrument reading greater than 500
parts per million by volume above background or by visual inspections,
shall be repaired as soon as practicable except as provided in
paragraph (h) of this section.
(1) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected.
(2) Repair shall be completed no later than 15 calendar days after
the leak is detected.
(h) Delay of repair of a closed vent system for which leaks have
been detected is allowed if the repair is technically infeasible
without a process unit shutdown, or if the owner or operator determines
that emissions resulting from immediate repair would be greater than
the fugitive emissions likely to result from delay of repair. Repair of
such equipment shall be complete by the end of the next process unit
shutdown.
(i) If a vapor collection system or closed vent system is operated
under a vacuum, it is exempt from the inspection requirements of
paragraphs (f)(1)(i) and (2) of this section.
(j) Any parts of the closed vent system that are designated, as
described in paragraph (l)(1) of this section, as unsafe-to-inspect are
exempt from the inspection requirements of paragraphs (f)(1)(i) and (2)
of this section if they comply with the following requirements:
(1) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent
or potential danger as a consequence of complying with paragraph
(f)(1)(i) or (2) of this section; and
(2) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-
to-inspect times.
[[Page 78283]]
(k) Any parts of the closed vent system that are designated, as
described in paragraph (l)(2) of this section, as difficult-to-inspect
are exempt from the inspection requirements of paragraphs (f)(1)(i) and
(2) of this section if they comply with the following requirements:
(1) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
(2) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years. A closed vent
system is exempt from inspection if it is operated under a vacuum.
(l) The owner or operator shall record the following information:
(1) Identification of all parts of the closed vent system that are
designated as unsafe-to-inspect, an explanation of why the equipment is
unsafe-to-inspect, and the plan for inspecting the equipment.
(2) Identification of all parts of the closed vent system that are
designated as difficult-to-inspect, an explanation of why the equipment
is difficult-to-inspect, and the plan for inspecting the equipment.
(3) For each inspection during which a leak is detected, a record
of the information specified in Sec. 61.246(c).
(4) For each inspection conducted in accordance with Sec. 61.245(b)
during which no leaks are detected, a record that the inspection was
performed, the date of the inspection, and a statement that no leaks
were detected.
(5) For each visual inspection conducted in accordance with
paragraph (f)(1)(ii) of this section during which no leaks are
detected, a record that the inspection was performed, the date of the
inspection, and a statement that no leaks were detected.
(m) Closed vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when
emissions may be vented to them.
41. Section 61.246 is amended by revising paragraph (f)
introductory text and revising paragraph (f)(1) to read as follows:
Sec. 61.246 Recordkeeping requirements.
* * * * *
(f) The following information pertaining to all valves subject to
the requirements of Sec. 61.242-7(g) and (h) and to all pumps subject
to the requirements of Sec. 61.242-2(g) shall be recorded in a log that
is kept in a readily accessible location:
(1) A list of identification numbers for valves and pumps that are
designated as unsafe to monitor, an explanation for each valve or pump
stating why the valve or pump is unsafe to monitor, and the plan for
monitoring each valve or pump.
* * * * *
42. Section 61.247 is amended by:
a. Revising paragraph (a)(3);
b. Redesignating paragraph (a)(4) as paragraph (a)(5);
c. Adding new paragraph (a)(4);
d. Revising paragraph (e)(3); and
e. Adding paragraph (f).
The revisions and additions read as follows.
Sec. 61.247 Reporting requirements.
(a) * * *
(3) In the case of new sources which did not have an initial
startup date preceding December 14, 2000, the statement required under
paragraph (a)(1) of this section shall be submitted with the
application for approval of construction, as described in Sec. 61.07.
(4) For owners and operators complying with 40 CFR part 65, subpart
C or F, the statement required under paragraph (a)(1) of this section
shall notify the Administrator that the requirements of 40 CFR part 65,
subpart C or F, are being implemented.
* * * * *
(e) * * *
(3) In the next semiannual report required by paragraph (b) of this
section, the information in paragraph (a)(5) of this section is
reported.
(f) For owners or operators choosing to comply with 40 CFR part 65,
subpart C or F, an application for approval of construction or
modification, as required under Secs. 61.05 and 61.07 will not be
required if:
(1) The new source complies with 40 CFR 65.106 through 65.115 and
with 40 CFR part 65, subpart C, for surge control vessels and bottoms
receivers;
(2) The new source is not part of the construction of a process
unit; and
(3) In the next semiannual report required by 40 CFR 65.120(b) and
65.48(b), the information in paragraph (a)(5) of this section is
reported.
43. Tables 1 and 2 are added to the end of subpart V to read as
follows:
Table 1 to Part 61, Subpart V.--Surge Control Vessels and Bottoms
Receivers at Existing Sources
------------------------------------------------------------------------
Vapor pressure 1\
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
75 capacity 151............. 13.1
151 capacity................. 5.2
------------------------------------------------------------------------
1 Maximum true vapor pressure as defined in Sec. 61.241.
Table 2 to Part 61, Subpart V.--Surge Control Vessels and Bottoms
Receivers at New Sources
------------------------------------------------------------------------
Vapor pressure 1\
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
38 capacity 151............. 13.1
151 capacity................. 0.7
------------------------------------------------------------------------
1 Maximum true vapor pressure as defined in Sec. 61.241.
Subpart Y--National Emission Standard for Benzene Emissions From
Benzene Storage Vessels
44. Section 61.270 is amended by adding paragraph (g) to read as
follows:
Sec. 61.270 Applicability and designation of sources.
* * * * *
(g) Alternative means of compliance--(1) Option to comply with part
65. Owners or operators may choose to comply with 40 CFR part 65,
subpart C, to satisfy the requirements of Secs. 61.271 through 61.277,
except for Secs. 61.271(d)(2) and 61.274(a) for storage vessels that
are subject to this subpart. Other provisions applying to owners or
operators who choose to comply with 40 CFR part 65 are provided in 40
CFR 65.1.
(2) Part 61, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C, must also comply with Secs. 61.01,
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for
those storage vessels. All sections and paragraphs of subpart A of this
part that are not mentioned in this paragraph (g)(2) do not apply for
storage vessels complying with 40 CFR part 65, subpart C, except that
provisions required to be met prior to implementing 40 CFR part 65
still apply. Owners and operators who choose to comply with 40 CFR part
65, subpart C, must comply with 40 CFR part 65, subpart A.
45. Section 61.271 is amended by revising paragraph (d)
introductory text
[[Page 78284]]
and revising paragraph (d)(2) to read as follows:
Sec. 61.271 Emission standard.
* * * * *
(d) The owner or operator of each affected storage vessel shall
meet the requirements of paragraph (a), (b), or (c) of this section or
Sec. 61.270(g) as follows:
* * * * *
(2) The owner or operator of each benzene storage vessel upon which
construction commenced after September 14, 1989 shall meet the
requirements of paragraph (a), (b), or (c) of this section or
Sec. 61.270(g) prior to filling (i.e., roof is lifted off leg supports)
the storage vessel with benzene.
* * * * *
46. Section 61.274 is amended by revising paragraph (a) to read as
follows:
Sec. 61.274 Initial report.
(a) The owner or operator of each storage vessel to which this
subpart applies and which has a design capacity greater than or equal
to 38 cubic meters (10,000 gallons) shall submit an initial report
describing the controls which will be applied to meet the equipment
requirements of Sec. 61.271 or Sec. 61.270(g). For an existing storage
vessel or a new storage vessel for which construction and operation
commenced prior to September 14, 1989, this report shall be submitted
within 90 days of September 14, 1989 and can be combined with the
report required by Sec. 61.10. For a new storage vessel for which
construction or operation commenced on or after September 14, 1989, the
report shall be combined with the report required by Sec. 61.07 or 40
CFR 65.5(b). In the case where the owner or operator seeks to comply
with Sec. 61.271(c), with a control device other than a flare, this
information may consist of the information required by
Sec. 61.272(c)(1).
* * * * *
Subpart BB--National Emission Standard for Benzene Emissions From
Benzene Transfer Operations
47. Section 61.300 is amended by revising paragraph (c) and adding
paragraph (f) to read as follows:
Sec. 61.300 Applicability.
* * * * *
(c) Comply with standards at each loading rack. Any affected
facility under paragraph (a) of this section shall comply with the
standards in Sec. 61.302 or as specified in paragraph (f) of this
section, if applicable, at each loading rack that is handling a liquid
containing 70 weight-percent or more benzene.
* * * * *
(f) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators may choose to comply with 40 CFR part 65,
subpart E, to satisfy the requirements of Secs. 61.302 through 61.306
for all tank truck or railcar loading racks that are subject to this
subpart. Loading racks are referred to as transfer racks in 40 CFR part
65, subpart E. Other provisions applying to owners or operators who
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. All
marine vessel loading racks shall comply with the provisions in
Secs. 61.302 through 61.306.
(2) Part 61, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart E, must also comply with Secs. 61.01,
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for
those loading racks. All sections and paragraphs of subpart A of this
part that are not mentioned in this paragraph (f)(2) do not apply to
owners or operators of loading racks complying with 40 CFR part 65,
subpart E, except that provisions required to be met prior to
implementing 40 CFR part 65 still apply. Owners and operators who
choose to comply with 40 CFR part 65, subpart E, must comply with 40
CFR part 65, subpart A.
PART 63--[AMENDED]
48. The authority citation for part 63 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing
Industry for Process Vents, Storage Vessels, Transfer Operations,
and Wastewater
49. Section 63.110 is amended by adding paragraph (i) to read as
follows:
Sec. 63.110 Applicability.
* * * * *
(i) Alternative means of compliance--(1) Option to comply with part
65. Owners or operators of CMPU that are subject to Sec. 63.100 may
choose to comply with the provisions of 40 CFR part 65 for all Group 1
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer
operations, and equipment that are subject to Sec. 63.100, that are
part of the CMPU. Other provisions applying to owners or operators who
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. Group
1 and Group 2 wastewater streams, Group 2 transfer operations, Group 2
storage vessels, and in-process streams are not eligible to comply with
40 CFR part 65 and must continue to comply with the requirements of
this subpart and subpart F of this part.
(i) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart
D, satisfies the requirements of Secs. 63.102, 63.103, 63.112 through
63.118, 63.148, 63.151, and 63.152.
(ii) For Group 1 storage vessels, 40 CFR part 65, subpart C,
satisfies the requirements of Secs. 63.102, 63.103, 63.112, 63.119
through 63.123, 63.148, 63.151, and 63.152.
(iii) For Group 1 transfer racks, 40 CFR part 65, subpart E,
satisfies the requirements of Secs. 63.102, 63.103, 63.112, 63.126
through 63.130, 63.148, 63.151, and 63.152.
(iv) For equipment, comply with Sec. 65.160(g).
(2) Part 63, subpart A. Owners or operators who choose to comply
with 40 CFR part 65 must also comply with the applicable general
provisions of this part 63 listed in table 1A of this subpart. All
sections and paragraphs of subpart A of this part that are not
mentioned in table 1A of this subpart do not apply to owners or
operators who choose to comply with 40 CFR part 65, except that
provisions required to be met prior to implementing 40 CFR part 65
still apply. Owners and operators who choose to comply with a subpart
of 40 CFR part 65 must comply with 40 CFR part 65, subpart A.
50. Table 1A is added in numerical order to the appendix to subpart
G to read as follows:
Appendix to Subpart G--Tables and Figures
Table 1A to Subpart G.--Applicable 40 CFR Part 63 General Provisions
------------------------------------------------------------------------
40 CFR part 63, subpart A, provisions applicable to subpart G
-------------------------------------------------------------------------
Sec. 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec. 63.2
Sec. 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), (d)(3)(iii)
through (d)(3)(vi), (d)(4), (e), (f)(1), and (f)(2)
Sec. 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
through (i)(14), (i)(16) and (j)
[[Page 78285]]
Sec. 63.9(a)(2), (b)(4)(i)a, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c),
(d)
Sec. 63.10(d)(4)
Sec. 63.12(b)
------------------------------------------------------------------------
a The notifications specified in Sec. 63.9(b)(4)(i) and (b)(5) shall
be submitted at the times specified in 40 CFR part 65.
* * * * *
Subpart H--National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
51. Section 63.160 is amended by adding paragraph (g) to read as
follows:
Sec. 63.160 Applicability and designation of sources.
* * * * *
(g) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators of CMPU that are subject to Sec. 63.100 may
choose to comply with the provisions of 40 CFR part 65 for all Group 1
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer
operations, and equipment that are subject to Sec. 63.100, that are
part of the CMPU. Other provisions applying to an owner or operator who
chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
(i) For equipment, 40 CFR part 65 satisfies the requirements of
Secs. 63.102, 63.103, and 63.162 through 63.182. When choosing to
comply with 40 CFR part 65, the requirements of Sec. 63.180(d) continue
to apply.
(ii) For Group 1 and Group 2 process vents, Group 1 storage
vessels, and Group 1 transfer operations, comply with
Sec. 63.110(i)(1).
(2) Part 65, subpart C or F. For owners or operators choosing to
comply with 40 CFR part 65, each surge control vessel and bottoms
receiver subject to Sec. 63.100 that meets the conditions specified in
table 2 or table 3 of this subpart shall meet the requirements for
storage vessels in 40 CFR part 65, subpart C; all other equipment
subject to Sec. 63.100 shall meet the requirements in 40 CFR part 65,
subpart F.
(3) Part 63, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C or F, for equipment subject to
Sec. 63.100 must also comply with the applicable general provisions of
this part 63 listed in table 4 of this subpart. All sections and
paragraphs of subpart A of this part that are not mentioned in table 4
of this subpart do not apply to owners or operators of equipment
subject to Sec. 63.100 of subpart F complying with 40 CFR part 65,
subpart C or F, except that provisions required to be met prior to
implementing 40 CFR part 65 still apply. Owners and operators who
choose to comply with 40 CFR part 65, subpart C or F, must comply with
40 CFR part 65, subpart A.
52. Section 63.169 is amended by revising paragraph (b) to read as
follows:
Sec. 63.169 Standards: Pumps, valves, connectors, and agitators in
heavy liquid service; instrumentation systems; and pressure relief
devices in liquid service.
* * * * *
(b) If an instrument reading of 10,000 parts per million or greater
for agitators, 5,000 parts per million or greater for pumps handling
polymerizing monomers, 2,000 parts per million or greater for all other
pumps (including pumps in food/medical service), or 500 parts per
million or greater for valves, connectors, instrumentation systems, and
pressure relief devices is measured, a leak is detected.
* * * * *
53. Section 63.171 is amended by revising paragraph (a) to read as
follows:
Sec. 63.171 Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
is allowed if repair within 15 days is technically infeasible without a
process unit shutdown. Repair of this equipment shall occur by the end
of the next process unit shutdown.
* * * * *
54. Table 4 is added in numerical order to subpart H to read as
follows:
Table 4 to Subpart H.-- Applicable 40 CFR Part 63 General Provisions
------------------------------------------------------------------------
40 CFR part 63, subpart A, provisions applicable to subpart H
-------------------------------------------------------------------------
Sec. 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec. 63.2
Sec. 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(4), (e), (f)(1) and
(f)(2)
Sec. 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
through (i)(14), (i)(16) and (j)
Sec. 63.9(a)(2), (b)(4)(i)a, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c)
and (d)
Sec. 63.10(d)(4)
Sec. 63.12(b)
------------------------------------------------------------------------
a The notifications specified in Sec. 63.9(b)(4)(i) and (b)(5) shall
be submitted at the times specified in 40 CFR part 65.
55. Add part 65 to read as follows:
PART 65--CONSOLIDATED FEDERAL AIR RULE
Subpart A--General Provisions
Sec.
65.1 Applicability.
65.2 Definitions.
65.3 Compliance with standards and operation and maintenance
requirements.
65.4 Recordkeeping.
65.5 Reporting requirements.
65.6 Startup, shutdown, and malfunction plan and procedures.
65.7 Monitoring, recordkeeping, and reporting waivers and
alternatives.
65.8 Procedures for approval of alternative means of emission
limitation.
65.9 Availability of information and confidentiality.
65.10 State authority.
65.11 Circumvention and prohibited activities.
65.12 Delegation of authority.
65.13 Incorporation by reference.
65.14 Addresses.
65.15-65.19 [Reserved]
Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60, 61, and
63 General Provisions
[[Page 78286]]
Table 2 to Subpart A of Part 65--Applicable Referencing Subpart
Provisions
Subpart B [Reserved]
Subpart C--Storage Vessels
65.40 Applicability.
65.41 Definitions.
65.42 Control requirements.
65.43 Fixed roof with an internal floating roof (IFR).
65.44 External floating roof (EFR).
65.45 External floating roof converted into an internal floating
roof.
65.46 Alternative means of emission limitation.
65.47 Recordkeeping provisions.
65.48 Reporting provisions.
65.49-65.59 [Reserved]
Subpart D--Process Vents
65.60 Applicability.
65.61 Definitions.
65.62 Process vent group determination.
65.63 Performance and group status change requirements.
65.64 Group determination procedures.
65.65 Monitoring.
65.66 Recordkeeping provisions.
65.67 Reporting provisions.
65.68-65.79 [Reserved]
Table 1 to Subpart D of Part 65--Concentration for Group
Determination
Table 2 to Subpart D of Part 65--TRE Parameters for NSPS Referencing
Subparts
Table 3 to Subpart D of Part 65--TRE Parameters for HON Referencing
Subparts
Subpart E--Transfer Racks
65.80 Applicability.
65.81 Definitions.
65.82 Design requirements.
65.83 Performance requirements.
65.84 Operating requirements.
65.85 Procedures.
65.86 Monitoring.
65.87 Recordkeeping provisions.
65.88-65.99 [Reserved]
Subpart F--Equipment Leaks
65.100 Applicability.
65.101 Definitions.
65.102 Alternative means of emission limitation.
65.103 Equipment identification.
65.104 Instrument and sensory monitoring for leaks.
65.105 Leak repair.
65.106 Standards: Valves in gas/vapor service and in light liquid
service.
65.107 Standards: Pumps in light liquid service.
65.108 Standards: Connectors in gas/vapor service and in light
liquid service.
65.109 Standards: Agitators in gas/vapor service and in light
liquid service.
65.110 Standards: Pumps, valves, connectors, and agitators in
heavy liquid service; pressure relief devices in liquid service; and
instrumentation systems.
65.111 Standards: Pressure relief devices in gas/vapor service.
65.112 Standards: Compressors.
65.113 Standards: Sampling connection systems.
65.114 Standards: Open-ended valves or lines.
65.115 Standards: Closed vent systems and control devices; or
emissions routed to a fuel gas system or process.
65.116 Quality improvement program for pumps.
65.117 Alternative means of emission limitation: Batch processes.
65.118 Alternative means of emission limitation: Enclosed-vented
process units.
65.119 Recordkeeping provisions.
65.120 Reporting provisions.
65.121--65.139 [Reserved]
Table 1 to Subpart F of Part 65-- Batch Process Monitoring Frequency
for Equipment Other Than Connectors
Subpart G--Closed Vent Systems, Control Devices, and Routing to a Fuel
Gas System or a Process
65.140 Applicability.
65.141 Definitions.
65.142 Standards.
65.143 Closed vent systems.
65.144 Fuel gas systems and processes to which storage vessel,
transfer rack, or equipment leak regulated material emissions are
routed.
65.145 Nonflare control devices used to control emissions from
storage vessels or low-throughput transfer racks.
65.146 Nonflare control devices used for equipment leaks only.
65.147 Flares.
65.148 Incinerators.
65.149 Boilers and process heaters.
65.150 Absorbers used as control devices.
65.151 Condensers used as control devices.
65.152 Carbon adsorbers used as control devices.
65.153 Absorbers, condensers, carbon adsorbers, and other recovery
devices used as final recovery devices.
65.154 Halogen scrubbers and other halogen reduction devices.
65.155 Other control devices.
65.156 General monitoring requirements for control and recovery
devices.
65.157 Performance test and flare compliance determination
requirements.
65.158 Performance test procedures for control devices.
65.159 Flare compliance determination and monitoring records.
65.160 Performance test and TRE index value determination records.
65.161 Continuous records and monitoring system data handling.
65.162 Nonflare control and recovery device monitoring records.
65.163 Other records.
65.164 Performance test and flare compliance determination
notifications and reports.
65.165 Initial Compliance Status Reports.
65.166 Periodic reports.
65.167 Other reports.
65.168--65.169 [Reserved]
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
Sec. 65.1 Applicability.
(a) The provisions of this subpart apply to owners or operators
expressly referenced to this part from a subpart of 40 CFR part 60, 61,
or 63 for which the owner or operator has chosen to comply with the
provisions of this part as an alternative to the provisions in the
referencing subpart as specified in paragraph (b) of this section.
(b) Owners or operators may choose to comply with this part for any
regulated source subject to a referencing subpart.
(c) Compliance with this part instead of the referencing subparts
does not alter the applicability of the referencing subparts. This part
applies to only the equipment, process vents, storage vessels, or
transfer operations to which the referencing subparts apply. This part
does not extend applicability to equipment, process vents, storage
vessels, or transfer operations that are not regulated by the
referencing subpart.
(d) The provisions of 40 CFR part 60, subpart A; 40 CFR part 61,
subpart A; and 40 CFR part 63, subpart A, that are listed in table 1 of
this subpart still apply to owners or operators of regulated sources
expressly referenced to this part. The owner or operator shall comply
with the provisions in table 1 of this subpart in the column
corresponding to the referencing subpart. All provisions of 40 CFR part
60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart
A, not expressly referenced in table 1 of this subpart do not apply,
and the provisions of this part apply instead, except that provisions
which were required to be met prior to implementation of this part 65
still apply.
(e) The provisions of the referencing subparts that are listed in
table 2 of this subpart still apply to owners or operators of regulated
sources expressly referenced to this part. The owner or operator shall
comply with the provisions in table 2 of this subpart in the row
corresponding to the referencing subpart. All provisions of the
referencing subparts not expressly referenced in table 2 to this
subpart do not apply and the provisions of this part apply instead,
except that provisions which were required to be met prior to
implementation of this part 65 still apply.
(f) Implementation date. Owners or operators who choose to comply
with this part shall comply by the dates specified in paragraph (f)(1)
of this section, as applicable, and shall meet the requirement in
paragraph (f)(2) of this section.
[[Page 78287]]
(1) Owners or operators shall implement this part as specified in
an implementation schedule or at initial startup. The implementation
date shall be established by mutual agreement with the Administrator or
delegated authority. The implementation schedule shall be included in
the source's title V permit. For non-title V sources, the
implementation schedule shall be proposed by the source in the Initial
Notification for Part 65 Applicability as specified in Sec. 65.5(c).
(2) There shall be no gaps in compliance between compliance with
the referencing subpart and compliance with this part.
(g) Transitioning out of this part. Owners or operators who decide
to no longer comply with this part and to comply with the provisions in
the referencing subpart instead shall comply with the following, as
applicable:
(1) This transition shall be carried out on a date established in a
title V permit or if the source is not a title V source, by a date
established by agreement with the Administrator or delegated authority.
The transition date shall be proposed in a title V permit amendment, or
for non-title V sources, in a periodic report or separate notice.
(2) There shall be no gaps in compliance between compliance with
this part and compliance with the referencing subpart provisions.
(h) Overlap with other subparts of this part. When provisions of
another subpart of this part conflict with the provisions of this
subpart, the provisions of the other subpart shall apply.
(i) Equipment assignment procedures. If specific items of equipment
(pumps, compressors, agitators, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, connectors,
instrumentation systems, surge control vessels, and bottoms receivers)
that are part of a process unit complying with this part are managed by
different administrative organizations (for example, different
companies, affiliates, departments, divisions, etc.), those items of
equipment may be aggregated with any process unit within the plant
site.
Sec. 65.2 Definitions.
All terms used in this part shall have the meaning given them in
the Act and in this section. If a term is defined both in this section
and in other parts that reference the use of this part, the term shall
have the meaning given in this section for purposes of this part. If a
term is not defined in the Act or in this section, the term shall have
the meaning given in the referencing subpart for purposes of this part.
The terms follow:
Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or his or her authorized
representative (for example, a State that has been delegated the
authority to implement the provisions of this part).
Approved permit program means a State permit program approved by
the Administrator as meeting the requirements of part 70 of this
chapter or a Federal permit program established in this chapter
pursuant to title V of the Act (42 U.S.C. 7661).
Automated continuous parameter monitoring system means a continuous
parameter monitoring system that automatically both records the
measured data and calculates hourly averages.
Automated monitoring and recording system means any means of
measuring values of monitored parameters and creating a hard copy or
computer record of the measured values that does not require manual
reading of monitoring instruments and manual transcription of data
values. Automated monitoring and recording systems include, but are not
limited to, computerized systems, strip charts, and circular charts.
Batch process means a process in which the equipment is fed
intermittently or discontinuously. Processing then occurs in this
equipment after which the equipment is generally emptied. Examples of
industries that use batch processes include pharmaceutical production
and pesticide production.
Batch product-process equipment train means the collection of
equipment (for example, connectors, reactors, valves, pumps) configured
to produce a specific product or intermediate by a batch process.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater. Boiler also means any industrial furnace as defined in 40 CFR
260.10.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
By compound means by individual stream components, not carbon
equivalents.
Car-seal means a seal that is placed on a device that is used to
change the position of a valve (for example, from opened to closed) in
such a way that the position of the valve cannot be changed without
breaking the seal.
Closed vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device. A closed vent system does not
include the vapor collection system that is part of any tank truck or
railcar or the loading arm or hose that is used for vapor return. For
transfer racks, the closed vent system begins at, and includes, the
first block valve on the downstream side of the loading arm or hose
used to convey displaced vapors.
Closed vent system shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
material from a closed vent system or part of a closed vent system
consistent with safety constraints and during which repairs can be
effected. An unscheduled work practice or operational procedure that
stops production from a process unit or part of a process unit for less
than 24 hours is not a closed vent system shutdown. An unscheduled work
practice or operational procedure that would stop production from a
process unit or part of a process unit for a shorter period of time
than would be required to clear the closed vent system or part of the
closed vent system of materials and start up the unit, and would result
in greater emissions than delay of repair of leaking components until
the next scheduled closed vent system shutdown, is not a closed vent
system shutdown. The use of spare equipment and technically feasible
bypassing of equipment without stopping production are not closed vent
system shutdowns.
Closed-loop system means an enclosed system that returns process
fluid to a process.
Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
Compliance date means the date by which a regulated source is
required to be in compliance with a relevant standard, limitation,
prohibition, or any federally enforceable requirement established by
the Administrator (or a State with an approved permit program) pursuant
to the Act.
Connector means flanged, screwed, or other joined fittings used to
connect two
[[Page 78288]]
pipelines or a pipeline and a piece of equipment. A common connector is
a flange. Joined fittings welded completely around the circumference of
the interface are not considered connectors for the purpose of this
regulation. For the purpose of reporting and recordkeeping, connector
means joined fittings that are not inaccessible, ceramic, or ceramic-
lined (for example, porcelain, glass, or glass-lined) as described in
Sec. 65.108(e)(2).
Continuous parameter monitoring system or CPMS means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part used to sample, condition (if
applicable), analyze, and provide a record of process or control system
parameters.
Continuous record means documentation, either in hard copy or
computer-readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 65.161(a).
Continuous seal means a seal that is designed to form a continuous
closure that completely covers the space between the wall of the
storage vessel and the edge of the floating roof. A continuous seal may
be a vapor-mounted, liquid-mounted, or metallic shoe seal. A continuous
seal may be constructed of fastened segments so as to form a continuous
seal.
Control device means any combustion device, recovery device, or any
combination of these devices used to comply with this part. Such
equipment or devices include, but are not limited to, absorbers, carbon
adsorbers, condensers, incinerators, flares, boilers, and process
heaters. For process vents (as defined in this section), recovery
devices are not considered control devices except for the recovery
devices specified in Sec. 65.63(a)(2)(ii). A fuel gas system is not a
control device. For a steam stripper, a primary condenser is not
considered a control device.
Control system means the combination of the closed vent system and
the control devices used to collect and control vapors or gases from a
regulated source.
Day means a calendar day.
Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
Ductwork means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Emission point means an individual process vent, storage vessel,
transfer rack, wastewater stream, or equipment leak.
Empty or emptying means the removal of the stored liquid from a
storage vessel. Storage vessels where stored liquid is left on the
walls, as bottom clingage, or in pools due to bottom irregularities are
considered empty. Lowering of the stored liquid level, so that the
floating roof is resting on its legs, as necessitated by normal vessel
operation (for example, when changing stored material or when
transferring material out of the vessel for shipment) is not considered
emptying.
Equipment means each of the following that is subject to control
under the referencing subpart: pump, compressor, agitator, pressure
relief device, sampling connection system, open-ended valve or line,
valve, connector, and instrumentation system; and any control devices
or systems used to comply with subpart F of this part.
Equivalent method means any method of sampling and analyzing for an
air pollutant that has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method under specified conditions.
External floating roof or EFR means a pontoon-type (noncontact) or
double-deck-type (contact) roof that is designed to rest on the stored
liquid surface in a storage vessel with no fixed roof.
Failure, EFR (referred to as EFR failure) is defined as any time
the external floating roof's primary seal has holes, tears, or other
openings in the shoe, seal fabric, or seal envelope; or the secondary
seal has holes, tears, or other openings in the seal or the seal
fabric; or the gaskets no longer close off the stored liquid surface
from the atmosphere; or a slotted membrane has more than 10 percent
open area.
Failure, internal floating roof type A (referred to as IFR type A
failure) means any time, as determined during visual inspection through
roof hatches, in which the internal floating roof is not resting on the
surface of the stored liquid inside the storage vessel and is not
resting on the leg supports; or there is stored liquid on the floating
roof; or there are holes, tears, or other openings in the seal or seal
fabric; or there are visible gaps between the seal and the wall of the
storage vessel.
Failure, internal floating roof type B (referred to as IFR type B
failure) means any time, as determined during internal inspections, the
internal floating roof's primary seal has holes, tears, or other
openings in the seal or the seal fabric; or the secondary seal (if one
has been installed) has holes, tears, or other openings in the seal or
the seal fabric; or the gaskets no longer close off the stored liquid
surface from the atmosphere; or a slotted membrane has more than 10
percent open area.
Fill or filling means the introduction of liquids into a storage
vessel, but not necessarily to complete capacity.
First attempt at repair, for the purposes of subparts F and G of
this part, means to take action for the purpose of stopping or reducing
leakage of organic material to the atmosphere, followed by monitoring
as specified in Sec. 65.104(b) and Sec. 65.143(c), as appropriate, to
verify whether the leak is repaired, unless the owner or operator
determines by other means that the leak is not repaired.
Fixed roof means a roof that is mounted (for example, permanently
affixed) on a storage vessel in a stationary manner and that does not
move with fluctuations in stored liquid level.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Floating roof means a roof consisting of an external floating roof
or an internal floating roof that is designed to rest upon and is
supported by the stored liquid and is equipped with a continuous seal.
Flow indicator means a device that indicates whether gas flow is
present in a line, or whether the valve position would allow gas flow
to be present in a line.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
Group 1 process vent means a process vent for which the flow rate
is greater than or equal to 0.011 standard cubic meter per minute (0.39
cubic feet per minute); the total concentration is greater than or
equal to the appropriate value in table 1 of subpart D of this part,
and the total resource effectiveness index value, calculated according
to Sec. 65.64(h) is less than or equal to 1.0.
Group 2A process vent means a process vent that is not Group 1 or
[[Page 78289]]
Group 2B for which monitoring and recordkeeping are required to
demonstrate a total resource effectiveness index value greater than
1.0.
Group 2B process vent means a process vent that is not Group 1 or
Group 2A for which monitoring and recordkeeping are not required to
demonstrate a total resource effectiveness index value greater than
4.0, or which is exempt from control requirements due to the vent
stream's flow rate, regulated material concentration, or total resource
effectiveness index value.
Halogenated vent stream or halogenated stream means, for purposes
of this part, a vent stream determined to be halogenated by the
procedures specified in Sec. 65.85(c) for transfer racks and in
Sec. 65.64(g) for process vents, as applicable.
Halogens and hydrogen halides means hydrogen chloride (HCl),
chlorine (Cl2), hydrogen bromide (HBr), bromine
(Br2), and hydrogen fluoride (HF).
Hard-piping means pipe or tubing that is manufactured and installed
using good engineering judgment and standards, such as ASME B31.3,
Process Piping (available from the American Society of Mechanical
Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
High-throughput transfer racks means those transfer racks that
transfer greater than or equal to a total of 11.8 million liters per
year (3.12 million gallons per year) of liquid containing regulated
material.
In food/medical service means that a piece of equipment in
regulated material service contacts a process stream used to
manufacture a Food and Drug Administration-regulated product where
leakage of a barrier fluid into the process stream would cause any of
the following:
(1) A dilution of product quality so that the product would not
meet written specifications;
(2) An exothermic reaction that is a safety hazard;
(3) The intended reaction to be slowed down or stopped; or
(4) An undesired side reaction to occur.
In gas/vapor service means that a piece of equipment in regulated
material service contains a gas or vapor when in operation.
In heavy liquid service means that a piece of equipment in
regulated material service is not in gas/vapor service or in light
liquid service.
In light liquid service means that a piece of equipment in
regulated material service contains a liquid that meets the following
conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 deg.C (0.04 pounds per square inch
at 68 deg.F);
(2) The total concentration of the pure organic compound
constituents having a vapor pressure greater than 0.3 kilopascals at 20
deg.C (0.04 pounds per square inch at 68 deg.F) is equal to or
greater than 20 percent by weight of the total process stream; and
(3) The fluid is a liquid at operating conditions. (Note: Vapor
pressures may be determined by standard reference texts or American
Society for Testing and Materials (ASTM) D-2879, available from
American Society for Testing and Materials, 1916 Race Street,
Philadelphia, Pennsylvania 19103; or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, Michigan 48106.)
In liquid service means that a piece of equipment in regulated
material service is not in gas/vapor service.
In regulated material service means, for the purposes of the
equipment leak provisions of subpart F of this part, equipment which
meets the definition of ``in volatile organic compound service,'' ``in
volatile hazardous air pollutant service,'' ``in benzene service,''
``in vinyl chloride service,'' or ``in organic hazardous air pollutant
service'' as defined in the referencing subpart.
In vacuum service means that equipment is operating at an internal
pressure that is at least 5 kilopascals (0.7 pounds per square inch)
below ambient pressure.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section present is
not physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by
ducts or connections carrying flue gas. This energy recovery section
limitation does not apply to an energy recovery section used solely to
preheat the incoming vent stream or combustion air.
Initial startup means, for new or reconstructed sources, the first
time the source begins production. For additions or changes not defined
as a new source by an applicable referencing subpart, initial startup
means the first time additional or changed equipment is put into
operation. Initial startup does not include operation solely for
testing equipment. Initial startup does not include subsequent startup
(as defined in this section) of process units following malfunctions or
process unit shutdowns. Except for equipment leaks, initial startup
also does not include subsequent startups (as defined in this section)
of process units following changes in product for flexible operation
units or following recharging of equipment in batch operation.
Instrumentation system means a group of equipment components used
to condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(for example, composition, pressure, flow). Valves and connectors are
the predominant type of equipment used in instrumentation systems;
however, other types of equipment may also be included in these
systems. Only valves nominally 0.5 inches and smaller in diameter and
connectors nominally 0.75 inches and smaller in diameter are considered
instrumentation systems for the purposes of subpart F of this part.
Intermediate change to monitoring means a modification to federally
required monitoring involving ``proven technology'' (generally accepted
by the scientific community as equivalent or better) that is applied on
a site-specific basis and that may have the potential to decrease the
stringency of the associated emission limitation or standard. Though
site-specific, an intermediate change may set a national precedent for
a source category and may ultimately result in a revision to the
federally required monitoring. Examples of intermediate changes to
monitoring include, but are not limited to:
(1) Use of a continuous monitoring system (CEMS) in lieu of a
parameter monitoring approach;
(2) Decreased frequency for non-continuous parameter monitoring or
physical inspections;
(3) Changes to quality control requirements for parameter
monitoring; and
(4) Use of an electronic data reduction system in lieu of manual
data reduction.
Intermediate change to test method means a within-method
modification to a federally enforceable test method involving ``proven
technology'' (generally accepted by the scientific community as
equivalent or better) that is applied on a site-specific basis and that
may have the potential to decrease the stringency of the associated
emission limitation or standard. Though site-specific, an intermediate
change
[[Page 78290]]
may set a national precedent for a source category and may ultimately
result in a revision to the federally enforceable test method. In order
to be approved, an intermediate change must be validated according to
EPA Method 301 (40 CFR part 63, appendix A) to demonstrate that it
provides equal or improved accuracy or precision. Examples of
intermediate changes to a test method include, but are not limited to:
(1) Modifications to a test method's sampling procedure including
substitution of sampling equipment that has been demonstrated for a
particular sample matrix; and use of a different impinger absorbing
solution;
(2) Changes in sample recovery procedures and analytical
techniques, such as changes to sample holding times and use of a
different analytical finish with proven capability for the analyte of
interest; and
(3) ``Combining'' a federally required method with another proven
method for application to processes emitting multiple pollutants.
Internal floating roof or IFR means a pontoon-type (noncontact) or
double-deck-type (contact) roof that is designed to rest or float on
the stored liquid surface inside a storage vessel that has a fixed
roof.
Liquid-mounted seal means a foam-or liquid-filled continuous seal
mounted in contact with the stored liquid.
Liquids dripping means any visible leakage from a seal including
dripping, spraying, misting, clouding, and ice formation. Indications
of liquids dripping include puddling or new stains that are indicative
of an existing evaporated drip.
Loading cycle means the time period from the beginning of filling a
tank truck or railcar until flow to the control device ceases as
determined by the flow indicator.
Low-throughput transfer racks means those transfer racks that
transfer less than a total of 11.8 million liters per year (3.12
million gallons per year) of liquid containing regulated material.
Major change to monitoring means a modification to federally
required monitoring that uses ``unproven technology or procedures''
(not generally accepted by the scientific community) or is an entirely
new method (sometimes necessary when the required monitoring is
unsuitable). A major change to monitoring may be site-specific or may
apply to one or more source categories and will almost always set a
national precedent. Examples of major changes to monitoring include,
but are not limited to:
(1) Use of a new monitoring approach developed to apply to a
control technology not contemplated in the applicable regulation in
this part;
(2) Use of a predictive emission monitoring system (PEMS) in place
of a required continuous emission monitoring system (CEMS);
(3) Use of alternative calibration procedures that do not involve
calibration gases or test cells;
(4) Use of an analytical technology that differs from that
specified by a performance specification;
(5) Decreased monitoring frequency for a continuous emission
monitoring system, continuous opacity monitoring system, predictive
emission monitoring system, or continuous parameter monitoring system;
(6) Decreased monitoring frequency for a leak detection and repair
program; and
(7) Use of alternative averaging times for reporting purposes.
Major change to test method means a modification to a federally
enforceable test method that uses ``unproven technology or procedures''
(not generally accepted by the scientific community) or is an entirely
new method (sometimes necessary when the required test method is
unsuitable). A major change to a test method may be site-specific or
may apply to one or more source categories and will almost always set a
national precedent. In order to be approved, a major change must be
validated according to EPA Method 301 (40 CFR part 63, appendix A).
Examples of major changes to a test method include, but are not limited
to:
(1) Use of an unproven analytical finish;
(2) Use of a method developed to fill a test method gap;
(3) Use of a new test method developed to apply to a control
technology not contemplated in the applicable regulation in this part;
and
(4) Combining two or more sampling/analytical methods (at least one
unproven) into one for application to processes emitting multiple
pollutants.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, monitoring
equipment, process equipment, or a process to operate in a normal or
usual manner. Failures that are caused in part by poor maintenance or
careless operation are not malfunctions. Malfunctions that do not
affect a regulated source or compliance with this part are not
malfunctions for purposes of this part.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage vessel by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
Minor change to monitoring means:
(1) A modification to federally required monitoring that:
(i) Does not decrease the stringency of the compliance and
enforcement measures of the relevant standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation in this part for other
affected sources, does not set a national precedent, and individually
does not result in a revision to the monitoring requirements); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns
of an affected source.
(2) Examples of minor changes to monitoring include, but are not
limited to:
(i) Modifications to a sampling procedure, such as use of an
improved sample conditioning system to reduce maintenance requirements;
(ii) Increased monitoring frequency; and
(iii) Modification of the environmental shelter to moderate
temperature fluctuation and thus protect the analytical
instrumentation.
Minor change to test method means:
(1) A modification to a federally enforceable test method that:
(i) Does not decrease the stringency of the emission limitation or
standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation in this part for other
affected sources, does not set a national precedent, and individually
does not result in a revision to the test method); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns
of an affected source.
(2) Examples of minor changes to a test method include, but are not
limited to:
(i) Field adjustments in a test method's sampling procedure, such
as a modified sampling traverse or location to avoid interference from
an obstruction in the stack, increasing the sampling time or volume,
use of additional impingers for a high moisture situation, accepting
particulate emission results for a test run that was conducted with a
lower than specified temperature, substitution of a material in the
sampling train that has been demonstrated to be more inert for the
sample matrix; and
[[Page 78291]]
(ii) Changes in recovery and analytical techniques such as a change
in quality control/quality assurance requirements needed to adjust for
analysis of a certain sample matrix.
Nonautomated monitoring and recording system means manual reading
of values measured by monitoring instruments and manual transcription
of those values to create a record. Nonautomated systems do not include
strip charts nor circular charts.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a
process unit shutdown.
One-hour period means the 60-minute period commencing on the hour.
Onsite or on-site means, with respect to records required to be
maintained by this part, that the records are stored at a location
within a plant site that encompasses the regulated source. Onsite
includes, but is not limited to, storage at the regulated source to
which the records pertain, or storage in central files elsewhere at the
plant site.
Open-ended valve or line means any valve except relief valves
having one side of the valve seat in contact with process fluid and one
side open to the atmosphere, either directly or through open piping.
Organic monitoring device means a device used to indicate the
concentration level of organic compounds based on a detection principle
such as infrared, photo ionization, or thermal conductivity.
Owner or operator means any person who owns, leases, operates,
controls, or supervises a regulated source or a stationary source of
which a regulated source is a part.
Part 70 permit means any permit issued, renewed, or revised
pursuant to part 70 of this chapter.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified
in the performance test section of the relevant standard.
Permit program means a comprehensive State operating permit system
established pursuant to title V of the Act (42 U.S.C. 7661) and
regulations codified in part 70 of this chapter and applicable State
regulations, or a comprehensive Federal operating permit system
established pursuant to title V of the Act and regulations codified in
part 71 of this chapter.
Permitting authority means one of the following:
(1) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to carry
out a permit program under part 70 of this chapter; or
(2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this
chapter.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Polymerizing monomer means, for the purposes of this part, a
compound which may form polymer buildup in pump mechanical seals
resulting in rapid mechanical seal failure.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period.
Pressure relief device or valve means a device used to prevent
operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either
by a pressure of less than or equal to 2.5 pounds per square inch gauge
or by a vacuum are not pressure relief devices.
Primary fuel means the fuel that provides the principal heat input
to the device. To be considered primary, the fuel must be able to
sustain operation without the addition of other fuels.
Process heater means an enclosed combustion device that transfers
heat liberated by burning fuel directly to process streams or to heat
transfer liquids other than water. A process heater may, as a secondary
function, heat water in unfired heat recovery sections.
Process unit means the equipment specified in the definitions of
process unit or chemical manufacturing process unit in the applicable
referencing subpart. If the referencing subpart does not define process
unit, then, for the purposes of this part, process unit means the
equipment assembled and connected by pipes or ducts to process raw
materials and to manufacture an intended product.
Process unit shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
material from a process unit or part of a process unit consistent with
safety constraints and during which repairs can be effected. An
unscheduled work practice or operational procedure that stops
production from a process unit or part of a process unit for less than
24 hours is not a process unit shutdown. An unscheduled work practice
or operational procedure that would stop production from a process unit
or part of a process unit for a shorter period of time than would be
required to clear the process unit or part of the process unit of
materials and start up the unit, and would result in greater emissions
than delay of repair of leaking components until the next scheduled
process unit shutdown is not a process unit shutdown. The use of spare
equipment and technically feasible bypassing of equipment without
stopping production are not process unit shutdowns.
Process vent means a process vent or vent stream as they are
defined in the referencing subpart.
Recovery device means an individual unit of equipment capable of
and normally used for the purpose of recovering chemicals for fuel
value (i.e., net positive heating value), use, reuse, or for sale for
fuel value, use, or reuse. Equipment capable of and used for the
purpose of recovering chemicals, but not normally for use, reuse or
sale, are not recovery devices but are control devices. Examples of
equipment that may be recovery devices include absorbers, carbon
adsorbers, condensers, oil-water separators or organic-water
separators, or organic removal devices such as decanters, strippers, or
thin-film evaporation units.
Reference method means any method of sampling and analyzing for an
air pollutant as specified in an applicable subpart, the appendices to
40 CFR part 60 or 63, or in appendix B of 40 CFR part 61.
Referencing subpart means 40 CFR part 60, subparts Ka, Kb, VV, DDD,
III, NNN, and RRR; 40 CFR part 61, subparts V, Y, and BB; and 40 CFR
part 63, subparts G and H.
Regulated material means, for the purposes of this part, the
material regulated by the specific referencing subpart, including
volatile organic liquids (VOL), volatile organic compounds (VOC),
organic hazardous air pollutants (HAP's), benzene, vinyl chloride, or
other chemicals or groups of chemicals.
Regulated source means, for the purposes of this part, the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a relevant standard or other
requirement established pursuant
[[Page 78292]]
to this part, or 40 CFR part 60, 61, or 63.
Relief device or valve means a device or valve used only to release
an unplanned, nonroutine discharge. A relief device or valve discharge
can result from an operator error, a malfunction such as a power
failure or equipment failure, or other unexpected cause that requires
immediate venting of gas from process equipment in order to avoid
safety hazards or equipment damage.
Repaired means, for the purposes of subparts F and G of this part,
that equipment meets the following conditions:
(1) Is adjusted, or otherwise altered, to eliminate a leak as
defined in the applicable section of this part; and
(2) Unless otherwise specified in applicable provisions of this
part, is monitored as specified in Sec. 65.104(b) and Sec. 65.143(c) to
verify that emissions from the equipment are below the applicable leak
definition.
Routed to a process or route to a process means the emissions are
conveyed to any enclosed portion of a process unit where the emissions
are predominantly recycled and/or consumed in the same manner as a
material that fulfills the same function in the process and/or
transformed by chemical reaction into materials that are not regulated
materials and/or incorporated into a product; and/or recovered.
Run means one of a series of emission or other measurements needed
to determine emissions for a representative operating period or cycle
as specified in this part. Unless otherwise specified, a run may be
either intermittent or continuous within the limits of good engineering
practice.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
Secondary fuel means a fuel fired through a burner other than the
primary fuel burner that provides supplementary heat in addition to the
heat provided by the primary fuel.
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow
rate, pH, or liquid level.
Set pressure means, for the purposes of subparts F and G of this
part, the pressure at which a properly operating pressure relief device
begins to open to relieve atypical process system operating pressure.
Shutdown means the cessation of operation of a regulated source
(for example, chemical manufacturing process unit or a reactor, air
oxidation reactor, distillation unit) and equipment required or used to
comply with this part, or the emptying and degassing of a storage
vessel. Shutdown is defined here for purposes including, but not
limited to, periodic maintenance, replacement of equipment, or repair.
Shutdown does not include the routine rinsing or washing of equipment
in batch operation between batches.
Simultaneous loading means, for a shared control device, loading of
regulated materials from more than one transfer arm at the same time so
that the beginning and ending times of loading cycles coincide or
overlap and there is no interruption in vapor flow to the shared
control device.
Single-seal system means, for the purposes of subpart C of this
part, a floating roof having one continuous seal. This seal may be a
vapor-mounted, liquid-mounted, or metallic shoe seal.
Specific gravity monitoring device means a unit of equipment used
to monitor specific gravity and having a minimum accuracy of
0.02 specific gravity units.
Startup means the setting into operation of a regulated source (for
example, chemical manufacturing process unit or a reactor, air
oxidation reactor, distillation unit, a storage vessel after emptying
and degassing) and/or equipment required or used to comply with this
part. Startup includes initial startup, operation solely for testing
equipment, the recharging of equipment in batch operation, and
transitional conditions due to changes in product for flexible
operation units.
State means all non-Federal authorities, including local agencies,
interstate associations, and statewide programs, that have delegated
authority to implement the provisions of this part; the referencing
subparts; and/or the permit program established under part 70 of this
chapter. The term State shall have its conventional meaning where clear
from the context.
Steam jet ejector means a steam nozzle that discharges a high-
velocity jet across a suction chamber that is connected to the
equipment to be evacuated.
Stuffing box pressure means the fluid (liquid or gas) pressure
inside the casing or housing of a piece of equipment, on the process
side of the inboard seal.
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit (as defined in the specific subpart that references this part)
when in-process storage, mixing, or management of flow rates or volumes
is needed to assist in production of a product.
Temperature monitoring device means a unit of equipment used to
monitor temperature and having a minimum accuracy of 1
percent of the temperature being monitored expressed in degrees Celsius
or 1.2 degrees Celsius ( deg.C), whichever is greater.
Title V permit means any permit issued, renewed, or revised
pursuant to Federal or State regulations established under 40 CFR part
70 or 71 to implement title V of the Act (42 U.S.C. 7661).
Total organic compounds or TOC means those compounds measured
according to the procedures specified in Sec. 65.64(c) and
Sec. 65.158(b)(3)(ii)(A), as applicable. Those compounds that the
Administrator has determined do not contribute appreciably to the
formation of ozone and that are specifically excluded from the
definition of volatile organic compound at 40 CFR 51.100(s), as
amended, are to be excluded for the purposes of measuring the hourly
emission rate as required in Sec. 65.64(f) for process vents subject to
subpart III, NNN, or RRR of part 60 of this chapter.
Total resource effectiveness index value or TRE index value means a
calculated value used to determine whether control is required for a
process vent. It is based on process vent flow rate, emission rate of
regulated material, net heating value, and corrosion properties
(halogenated compound content), as quantified by the equations given
under Sec. 65.64(h).
Vapor balancing system means a piping system that is designed to
collect regulated material vapors displaced from tank trucks or
railcars during loading and to route the collected regulated material
vapors to the storage vessel from which the liquid being loaded
originated, or to another storage vessel connected by a common header;
or to compress and route to a process or a fuel gas system the
collected regulated material vapors.
Vapor-mounted seal means a continuous seal that is mounted so that
there is a vapor space between the stored liquid and the bottom of the
seal.
Visible emission means the observation of an emission of opacity or
optical density above the threshold of vision.
Sec. 65.3 Compliance with standards and operation and maintenance
requirements.
(a) Requirements. (1) Except as provided in paragraph (a)(2) of
this section, the emission standards and established parameter ranges
of this part
[[Page 78293]]
shall apply at all times except during periods of startup, shutdown (as
defined in Sec. 65.2), malfunction, or nonoperation of the regulated
source (or specific portion thereof) resulting in cessation of the
emissions to which this part applies. However, if a startup, shutdown,
malfunction, or period of nonoperation of one portion of a regulated
source does not affect the ability of a particular emission point to
comply with the specific provisions to which it is subject, then that
emission point shall still be required to comply with the applicable
provisions of this part during the startup, shutdown, malfunction, or
period of nonoperation. For example, if there is an over pressure in
the reactor area, a storage vessel in a chemical manufacturing process
unit would still be required to be controlled in accordance with
subpart C of this part. Similarly, the degassing of a storage vessel
would not affect the ability of a process vent to meet the requirements
of subpart D or G of this part.
(2) Sections 65.106 through 65.118 shall apply at all times except
during periods of startup or shutdown (as defined in Sec. 65.2),
malfunction, process unit shutdown (as defined in Sec. 65.2), or
nonoperation of the regulated source (or specific portion thereof) in
which the lines are drained and depressurized resulting in cessation of
the emissions to which subpart F of this part applies.
(3) During startups, shutdowns, and malfunctions when the emission
standards of this part do not apply pursuant to paragraphs (a)(1) and
(2) of this section, the owner or operator shall implement, to the
extent reasonably available, measures to prevent or minimize emissions
in excess of those that would have occurred if there were no startup,
shutdown, or malfunction and the owner or operator complied with the
relevant provisions of this part. The measures to be taken shall be
identified in the applicable startup, shutdown, and malfunction plan
and may include, but are not limited to, air pollution control
technologies, recovery technologies, work practices, pollution
prevention, monitoring, and/or changes in the manner of operation of
the regulated source. Backup control devices are not required but may
be used if available. This paragraph (a)(3) does not apply to Group 2A
or Group 2B process vents.
(4) Malfunctions shall be corrected as soon as practical after
their occurrence in accordance with the startup, shutdown, and
malfunction plan required in Sec. 65.6(a). This paragraph (a)(4) does
not apply to Group 2A or Group 2B process vents.
(5) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable independent of emissions
limitations or other requirements in relevant standards.
(b) Compliance determination procedures.--(1) Parameter monitoring:
Compliance with operating conditions. The parameter monitoring data for
emission points that are required to perform continuous monitoring
shall be used to determine compliance with the required operating
conditions for the monitored control devices or recovery devices. For
each excursion, except for excused excursions and as provided for in
paragraph (b)(2) of this section, the owner or operator shall be deemed
to have failed to have applied the control in a manner that achieves
the required operating conditions. Excused excursions are provided for
in Sec. 65.156(d)(2).
(2) Parameter monitoring: Excursions. If the conditions of
paragraph (b)(2)(i) or (ii) of this section are met, an excursion is
not a violation and, in cases where continuous monitoring is required,
the excursion does not count toward the number of excused excursions.
Nothing in this paragraph (b)(2) shall be construed to allow or excuse
a monitoring parameter excursion caused by any activity that violates
other applicable provisions of this part.
(i) During periods of startup, shutdown, or malfunction (and the
source is operated during such periods in accordance with the source's
startup, shutdown, and malfunction plan as required by Sec. 65.6(a)), a
monitoring parameter is outside its established range or monitoring
data cannot be collected; or
(ii) During periods of nonoperation of the regulated source or
portion thereof (resulting in cessation of the emissions to which the
monitoring applies).
(3) Operation and maintenance procedures. Determination of whether
acceptable operation and maintenance procedures are being used will be
based on information available to the Administrator that may include,
but is not limited to, monitoring results, review of operation and
maintenance procedures (including the startup, shutdown, and
malfunction plan, if applicable, required in Sec. 65.6(a), as
applicable), review of operation and maintenance records, inspection of
the regulated source, and alternatives approved as specified in
Sec. 65.7.
(4) Emissions standards. Paragraphs (b)(4)(i) and (ii) of this
section shall govern the use of data, tests, and requirements to
determine compliance with emissions standards. Paragraphs (b)(4)(i) and
(ii) do not apply to Group 2A or Group 2B process vents. Compliance
with design, equipment, work practice, and operational standards,
including those for equipment leaks, shall be determined according to
paragraph (b)(5) of this section.
(i) Performance test. The Administrator will determine compliance
with emission standards of this part based on the results of
performance tests conducted according to the procedures specified in
subpart G of this part, unless otherwise specified in a subpart of this
part.
(ii) Operation and maintenance requirements. The Administrator will
determine compliance with emission standards of this part by evaluation
of an owner or operator's conformance with operation and maintenance
requirements, including the evaluation of monitoring data, as specified
in subparts of this part.
(5) Design, equipment, work practice, or operational standards.
Paragraphs (b)(5)(i) and (ii) do not apply to Group 2A or Group 2B
process vents.
(i) Records and inspection. The Administrator will determine
compliance with design, equipment, work practice, or operational
standards by review of records, inspection of the regulated source, and
other procedures specified in this part.
(ii) Operation and maintenance. The Administrator will determine
compliance with design, equipment, work practice, or operational
standards by evaluation of an owner or operator's conformance with
operation and maintenance requirements as specified in paragraph (a) of
this section, in other subparts of this part, and in applicable
provisions of Sec. 65.6(b).
(c) Finding of compliance. The Administrator will make a finding
concerning a regulated source's compliance with an emission standard,
design standard, work practice, operational standard or operating and
maintenance requirement as specified in paragraphs (a) and (b) of this
section upon obtaining all the compliance information required by the
relevant standard (including the written reports of performance test
results, monitoring results, and other information, if applicable) and
any information available to the Administrator needed to determine
whether proper operation and maintenance practices are being used.
Standards in this part and methods of determining compliance are given
in metric units followed by the equivalents in English units. The
Administrator will make findings of
[[Page 78294]]
compliance with the standards of this part using metric units.
(d) Compliance times. All terms that define a period of time for
completion of required tasks (for example, weekly, monthly, quarterly,
annually) unless specified otherwise in the section or paragraph that
imposes the requirement refer to the standard calendar periods.
(1) Notwithstanding time periods specified for completion of
required tasks, time periods may be changed by mutual agreement between
the owner or operator and the Administrator as specified in
Sec. 65.5(h)(3) (for example, a period could begin on the compliance
date or another date, rather than on the first day of the standard
calendar period). For each time period that is changed by agreement,
the revised period applies until it is changed. A new request is not
necessary for each recurring period.
(2) When the period specified for compliance is a standard calendar
period, if the initial compliance date occurs after the beginning of
the period, compliance shall be required according to the schedule
specified in the following paragraphs, as appropriate:
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs if there
remain at least 3 days for tasks that must be performed weekly, at
least 2 weeks for tasks that must be performed monthly, at least 1
month for tasks that must be performed each quarter, or at least 3
months for tasks that must be performed annually; or
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision requires completion of a
task during each of multiple successive periods, an owner or operator
may perform the required task at any time during the specified period
provided the task is conducted at a reasonable interval after
completion of the task during the previous period.
Sec. 65.4 Recordkeeping.
(a) Maintaining notifications, records, and reports. Except as
provided in paragraph (b) of this section, the owner or operator of
each regulated source subject to this part shall keep copies of
notifications, reports, and records required by this part for the
length of time specified in the following, as applicable:
(1) If an owner or operator is required to obtain or operate a
regulated source under a title V permit, then all applicable
notifications, reports, and records for that regulated source shall be
maintained for at least 5 years, except for the records required in
Sec. 65.47(b) for storage vessel capacity, Sec. 65.104(e)(2) for valve
and connector monitoring, and Sec. 65.163(d)(1) for closed vent system
design specifications.
(2) If an owner or operator is not required to obtain or operate a
regulated source under a title V permit, then all notifications,
reports, and records for that regulated source required by this part
shall be maintained for at least 2 years, except for the records
required in Sec. 65.47(b) for storage vessel capacity,
Sec. 65.104(e)(2) for valve and connector monitoring, and
Sec. 65.163(d)(1) for closed vent system design specifications.
(b) Copies of reports. If an owner or operator submits reports to
the applicable EPA Regional Office, the owner or operator is not
required to maintain copies of those reports. If the EPA Regional
Office has waived the requirement of Sec. 65.5(g)(1) for submittal of
copies of reports, the owner or operator is not required to maintain
copies of the waived reports. Paragraph (b) of this section applies
only to reports and not the underlying records which must be maintained
as specified throughout this part.
(c) Availability of records. All applicable records shall be
maintained in such a manner that they can be readily accessed and are
suitable for inspection as specified in the following:
(1) Except as specified in paragraph (c)(2) of this section,
records of the most recent 2 years shall be retained onsite or shall be
accessible to an inspector while onsite. The records of the remaining 3
years, where required, may be retained offsite.
(2) For sources referenced to this part from 40 CFR part 63,
subpart G or H, the most recent 6 months of records shall be retained
on site or shall be accessible to an inspector while onsite from a
central location by computer or other means that provides access within
2 hours after a request. The remaining 4 and one-half years of records,
where required, may be retained offsite.
(3) Records specified in paragraph (c)(1) or (2) of this section
may be maintained in hard copy or computer-readable form including, but
not limited to, on paper, microfilm, computer, computer disk, magnetic
tape, or microfiche.
Sec. 65.5 Reporting requirements.
(a) Required reports. Each owner or operator of a regulated source
subject to this subpart shall submit the following reports, as
applicable:
(1) A Notification of Initial Startup described in paragraph (b) of
this section.
(2) An Initial Notification for Part 65 Applicability described in
paragraph (c) of this section.
(3) An Initial Compliance Status Report described in paragraph (d)
of this section.
(4) Periodic reports described in paragraph (e) of this section.
(5) Other reports shall be submitted as specified elsewhere in this
part.
(6) Startup, Shutdown, and Malfunction Reports described in
Sec. 65.6(c).
(b) Notification of Initial Startup. (1) Contents. Any owner or
operator of a regulated source which elects to comply with this part at
initial startup shall send the Administrator written notification of
the actual date of initial startup of a regulated source.
(2) Due date. The notification of the actual date of initial
startup shall be postmarked within 15 days after such date.
(c) Initial Notification for Part 65 Applicability. Owners or
operators of regulated sources that have been subject to a 40 CFR part
60, 61, or 63 standard, and who wish to comply with this part, and who
are not operating the regulated source under an approved title V permit
shall notify the Administrator of their intent. The notice shall
include the information specified in paragraphs (c)(1) through (7) of
this section, as applicable, and may accompany the application for a
construction permit for the regulated source. This notification may be
waived by the Administrator.
(1) Identification of the storage vessels subject to subpart C of
this part.
(2) Identification of the process vents subject to subpart D of
this part, including process vent group status as specified in
Sec. 65.62(a).
(3) Identification of the process vents subject to 40 CFR part 60,
subpart DDD, complying with requirements of subpart G of this part.
(4) Identification of the transfer racks subject to subpart E of
this part.
(5) For equipment leaks, identification of the process units
subject to subpart F of this part.
(6) The proposed implementation schedule specified in
Sec. 65.1(f)(1) for sources identified in paragraphs (c)(1) through (5)
of this section.
(7) Process unit identification. As an alternative to requirements
specified in paragraphs (c)(1) through (4) of this section, the process
units can be identified instead of the individual pieces of equipment.
For this alternative, the kind of emission point
[[Page 78295]]
in the process unit that will comply must also be identified.
(d) Initial Compliance Status Report--(1) Contents. The owner or
operator shall submit an Initial Compliance Status Report for each
regulated source subject to this part containing the information
specified in the subparts of this part. Unless the required information
has already been submitted under requirements of the applicable
referencing subpart, this information can be submitted as part of a
title V permit application or amendment.
(2) Due date. The owner or operator shall submit the Initial
Compliance Status Report for each regulated source within 240 days
after the applicable compliance date specified in the referencing
subparts, or within 60 days after the completion of the initial
performance test or initial compliance determination, whichever is
earlier. Initial compliance Status Reports may be combined for multiple
regulated sources as long as the due date requirements for all sources
covered in the combined report are met.
(e) Periodic reports. The owner or operator of a source subject to
monitoring requirements of this part or to other requirements of this
part where periodic reporting is specified, shall submit a periodic
report.
(1) Contents. Periodic reports shall include all information
specified in subparts of this part.
(2) Due date. The periodic report shall be submitted semiannually
no later than 60 calendar days after the end of each 6-month period.
The first report shall be submitted as specified in the following, as
applicable:
(i) The first report shall be submitted no later than the last day
of the month that includes the date 8 months after the date the source
became subject to this part or since the last part 60, 61, or 63
periodic report was submitted for the applicable requirement, whichever
is earlier.
(ii) For sources electing to comply with the CAR at initial
startup, the first report shall cover the 6 months after the Initial
Compliance Status Report is due. The first report shall be submitted no
later than the last day of the month that includes the date 8 months
after the Initial Compliance Status Report is due.
(3) Overlap with title V reports. Information required by this
part, which is submitted with a title V periodic report, need not also
be included in a subsequent periodic report required by this part. The
title V report shall be referenced in the periodic report required by
this part.
(f) General report content. All reports and notifications submitted
pursuant to this part, including reports that combine information from
this part and a referencing subpart, shall include the following
information:
(1) The name, address, and telephone number (fax number may also be
provided) of the owner or operator.
(2) The name, address and telephone number of the person to whom
inquiries should be addressed, if different than the owner/operator.
(3) The address (physical location) of the reporting facility.
(4) Identification of each regulated source covered in the
submission and identification of which subparts (referencing subparts
and this part 65) options from this part are applicable to that
regulated source. Summaries and groupings of this information are
permitted.
(g) Report and notification submission--(1) Submission. All reports
and notifications required under this part shall be sent to the
Administrator at the appropriate EPA Regional Office and to the
delegated State authority, except that requests for permission to use
an alternative means of emission limitation as provided for in
Sec. 65.8(a) shall be submitted to the Director of the EPA Office of
Air Quality Planning and Standards, U.S. Environmental Protection
Agency, MD-10, Research Triangle Park, North Carolina, 27711. The EPA
Regional Office may waive the requirement to receive a copy of any
reports or notifications at its discretion.
(2) Submission of copies. If any State requires a notice that
contains all the information required in a report or notification
listed in this part, an owner or operator may send the appropriate EPA
Regional Office a copy of the report or notification sent to the State
to satisfy the requirements of this part for that report or
notification.
(3) Method of submission. Wherever this subpart specifies
``postmark'' dates, submittals may be sent by methods other than the
U.S. Mail (for example, by fax or courier). Submittals shall be sent on
or before the specified date.
(4) Submission by electronic media. If acceptable to both the
Administrator and the owner or operator of a source, reports may be
submitted on electronic media.
(h) Adjustment to timing of submittals and review of required
communications--(1) Alignment with title V submission. An owner or
operator may submit periodic reports required by this part on the same
schedule as the title V periodic report for the facility. The owner or
operator using this option need not obtain prior approval, but must
assure no reporting gaps from the last periodic report for the relevant
standards. The owner or operator shall clearly identify the change in
reporting schedule in the first report filed under paragraph (h) of
this section. The requirements of paragraph (e) of this section are not
waived when implementing this change.
(2) Request for adjustment. An owner or operator may arrange by
mutual agreement (which may be a standing agreement) with the
Administrator a common schedule on which periodic reports required by
this part shall be submitted throughout the year as long as the
reporting period is not extended. An owner or operator who wishes to
request a change in a time period or postmark deadline for a particular
requirement shall request the adjustment in writing as soon as
practical before the subject activity is required to take place. The
owner or operator shall include in the request whatever information he
or she considers useful to convince the Administrator that an
adjustment is warranted. A request for a change to the periodic
reporting schedule need only be made once for every schedule change and
not once for every semiannual report submitted.
(3) Approval of request for adjustment. If, in the Administrator's
judgment, an owner or operator's request for an adjustment to a
particular time period or postmark deadline is warranted, the
Administrator will approve the adjustment. The Administrator will
notify the owner or operator in writing of approval or disapproval of
the request for an adjustment within 15 calendar days of receiving
sufficient information to evaluate the request.
(4) Notification of delay. If the Administrator is unable to meet a
specified deadline, the owner or operator will be notified of any
significant delay and informed of the amended schedule.
(i) Unless already submitted in a previous report, an owner or
operator shall report in a title V permit application or as otherwise
specified by the permitting authority, the information listed in
paragraphs (i)(1) through (5) of this section. This information shall
be submitted to the Administrator if the regulated source is not a
title V source.
(1) A list designating each emission point complying with subparts
C through G of this part and whether each process vent is Group 1,
Group 2A, or Group 2B.
(2) The control technology or method of compliance that will be
applied to each emission point.
[[Page 78296]]
(3) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping, and reporting provisions in subparts C
through G of this part that are applicable to each emission point will
be implemented beginning on the date of compliance as specified in the
referencing subpart.
(4) The monitoring information in Sec. 65.162(e) if, for any
emission point, the owner or operator of a source seeks to comply
through use of a control technique other than those for which
monitoring parameters are specified in Secs. 65.148 through 65.154.
(5) Any requests for alternatives to the continuous operating
parameter monitoring and recordkeeping provisions, as specified in
Sec. 65.162(d).
Sec. 65.6 Startup, shutdown, and malfunction plan and procedures.
(a) Paragraphs (b) and (c) of this section do not apply to Group 2A
or Group 2B process vents.
(b) Startup, shutdown, and malfunction plan. (1) Description and
purpose of plan. The owner or operator of a regulated source shall
develop and implement a written startup, shutdown, and malfunction plan
that describes, in detail, procedures for operating and maintaining the
regulated source during periods of startup, shutdown, and malfunction
and a program of corrective action for malfunctioning process and air
pollution control equipment used to comply with the relevant standard.
The plan shall also address routine or otherwise predictable CPMS
malfunctions. This plan shall be developed by the owner or operator by
the regulated source's implementation date as specified in
Sec. 65.1(f), or for sources referenced from 40 CFR part 63, subpart F,
by the compliance date specified in that subpart. The requirement to
develop and implement this plan shall be incorporated into the source's
title V permit. This requirement is optional for equipment that must
comply with subpart F of this part. It is not optional for equipment
equipped with a closed vent system and control device subject to
subpart G of this part. The purposes of the startup, shutdown, and
malfunction plan are described in the following:
(i) To ensure that owners or operators are prepared to correct
malfunctions as soon as practical after their occurrence in order to
minimize excess emissions of regulated material (excess emissions are
defined in Sec. 65.3(a)(4)); and
(ii) To reduce the reporting burden associated with periods of
startup, shutdown, and malfunction (including corrective action taken
to restore malfunctioning process and air pollution control equipment
to its normal or usual manner of operation).
(2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of a regulated source shall operate
and maintain such source (including associated air pollution control
equipment and CPMS) in accordance with the procedures specified in the
startup, shutdown, and malfunction plan developed under paragraph
(b)(1) of this section.
(3) Use of additional procedures. To satisfy the requirements of
this section to develop a startup, shutdown, and malfunction plan, the
owner or operator may use the regulated source's standard operating
procedures (SOP) manual, or an Occupational Safety and Health
Administration (OSHA) or other plan, provided the alternative plans
meet all the requirements of this section and are made available for
inspection when requested by the Administrator.
(4) Revisions to the plan. Based on the results of a determination
made under Sec. 65.3(b)(3), the Administrator may require that an owner
or operator of a regulated source make changes to the startup,
shutdown, and malfunction plan for that source. The Administrator may
require reasonable revisions to a startup, shutdown, and malfunction
plan, if the Administrator finds that the plan is inadequate as
specified in the following:
(i) Does not address a startup, shutdown, and malfunction event of
the CPMS, the air pollution control equipment, or the regulated source
that has occurred; or
(ii) Fails to provide for the operation of the regulated source
(including associated air pollution control equipment and CPMS) during
a startup, shutdown, and malfunction event in a manner consistent with
good air pollution control practices for minimizing emissions to the
extent practical; or
(iii) Does not provide adequate procedures for correcting
malfunctioning process and/or air pollution control equipment as
quickly as practicable; or
(iv) Does not provide adequate measures to prevent or minimize
excess emissions to the extent practical as specified and defined in
Sec. 65.3(a)(4).
(5) Additional malfunction plan requirements. If the startup,
shutdown, and malfunction plan fails to address or inadequately
addresses an event that meets the characteristics of a malfunction but
was not included in the startup, shutdown, and malfunction plan at the
time the owner or operator developed the plan, the owner or operator
shall revise the startup, shutdown, and malfunction plan within 45 days
after the event to include detailed procedures for operating and
maintaining the regulated source during similar malfunction events, and
a program of corrective action for similar malfunctions of process or
air pollution control equipment or CPMS.
(6) Retain plan on site. The current plan must be kept on site at
all times.
(c) Periodic startup, shutdown, and malfunction reports. During the
reporting period, reports shall only be required for startup, shutdown,
and malfunction during which excess emissions as defined in
Sec. 65.3(a)(4) occur. A startup, shutdown, and malfunction report can
be submitted as part of a periodic report required under Sec. 65.5(e),
or on a more frequent basis if specified otherwise in a relevant
standard or as established otherwise by the permitting authority in the
source's title V permit. The startup, shutdown, and malfunction report
shall be delivered or postmarked by the 30th day following the end of
each calendar half (or other calendar reporting period, as
appropriate), unless the information is submitted with the periodic
report. The report shall include the following information, as
appropriate:
(1) The name, title, and signature of the owner or operator or
other responsible official certifying its accuracy.
(2) The number of startup, shutdown, malfunction events and the
total duration of all periods of startup, shutdown, and malfunction for
the reporting period.
(3) If actions taken by an owner or operator during a startup,
shutdown, and malfunction of a regulated source, or of a control device
or monitoring system required for compliance (including actions taken
to correct a malfunction) are consistent with the procedures specified
in the source's startup, shutdown, and malfunction plan, then the owner
or operator shall state such information in a startup, shutdown, and
malfunction report.
(4) If at any time an action taken by an owner or operator, during
a startup, shutdown, or malfunction (including actions taken to correct
a malfunction) during which excess emissions occur, as defined in
Sec. 65.3(a)(4), is not consistent with the procedures specified in the
regulated source's startup, shutdown, and malfunction plan, the owner
or operator shall report the actions taken for that event as part of
the periodic report. The report shall explain the circumstances of the
event, the reasons for not following the startup, shutdown, and
malfunction plan, and whether any
[[Page 78297]]
excess emissions and/or parameter monitoring exceedances are believed
to have occurred.
Sec. 65.7 Monitoring, recordkeeping, and reporting waivers and
alternatives.
(a) Waiver of recordkeeping or reporting requirements.--(1) Waiver
application. The owner or operator may apply for a waiver from
recordkeeping or reporting requirements if the regulated source is
achieving the relevant standard(s), or the source is operating under an
extension of compliance under 40 CFR 63.6(i), or a waiver of compliance
under 40 CFR 61.10(b), or the owner or operator has requested an
extension or waiver of compliance and the Administrator is still
considering that request. The waiver application shall be submitted in
writing to the Administrator.
(2) Extension of compliance request. If an application for a waiver
of recordkeeping or reporting is made, the application shall accompany
the request for an extension of compliance under 40 CFR 63.6(i) or the
request for a waiver of compliance under 40 CFR 61.10(b), any required
compliance progress report or compliance status report required in the
source's title V permit application or a permit modification
application, or a periodic report required under this part, whichever
is applicable. The application shall include whatever information the
owner or operator considers useful to convince the Administrator that a
waiver of recordkeeping or reporting is warranted.
(3) Approval or denial of waiver. The Administrator will approve or
deny a request for a waiver of recordkeeping or reporting requirements
when performing one of the following actions:
(i) Approves or denies an extension of compliance under 40 CFR
63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or
(ii) Makes a determination of compliance following the submission
of a required compliance status report or periodic report; or
(iii) Makes a determination of suitable progress toward compliance
following the submission of a compliance progress report, whichever is
applicable.
(4) Waiver conditions. A waiver of any recordkeeping or reporting
requirement granted under this paragraph (a) may be conditioned on
other recordkeeping or reporting requirements deemed necessary by the
Administrator.
(5) Waiver cancellation. Approval of any waiver granted under this
section shall not abrogate the Administrator's authority under the Act
or in any way prohibit the Administrator from later canceling the
waiver. The cancellation will be made only after notice is given to the
owner or operator of the regulated source.
(b) Requests for approval of alternative monitoring or
recordkeeping. An owner or operator may submit a written request for
approval to use alternatives to the monitoring or recordkeeping
provisions of this part. For process vents and transfer racks, except
low-throughput transfer racks, the provisions in paragraph (c) of this
section shall govern the review and approval of requests. In addition,
the application shall include information justifying the owner or
operator's request for an alternative monitoring or recordkeeping
method, such as the technical or economic infeasibility, or the
impracticality, of the regulated source using the required method. For
storage vessels and low throughput transfer racks, owners and operators
shall comply with the requirements of Sec. 65.145(b) for preparing and
submitting a design evaluation. For equipment leaks, owners and
operators shall comply with the recordkeeping requirements of
Sec. 65.163(d).
(c) Approval or denial of request to use alternative monitoring or
recordkeeping. The Administrator will notify the owner or operator of
approval or intention to deny approval of the request to use an
alternative monitoring or recordkeeping method within 90 calendar days
after receipt of the original request and within 30 calendar days after
receipt of any supplementary information that is submitted. Before
disapproving any request to use an alternative method, the
Administrator will notify the applicant of the Administrator's
intention to disapprove the request together with the following:
(1) Notice of the information and findings on which the intended
disapproval is based; and
(2) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of the
intention to disapprove the request, the Administrator will specify how
much time the owner or operator will have after being notified of the
intended disapproval to submit the additional information.
(d) Use of an alternative monitoring or recordkeeping method. (1)
The owner or operator of a regulated source is subject to the
monitoring and recordkeeping requirements of the relevant standard
unless permission to use an alternative monitoring or recordkeeping
method requested under paragraph (b) of this section or Sec. 65.162(d)
has been granted by the Administrator. Once an alternative is approved,
the owner or operator shall use the alternative for the emission points
or regulated sources cited in the approval and shall meet the
monitoring and recordkeeping requirements of the relevant standard for
all other emission points or regulated sources.
(2) If the Administrator approves the use of an alternative
monitoring or recordkeeping method for a regulated source under
paragraph (c) of this section, the owner or operator of such source
shall continue to use the alternative monitoring or recordkeeping
method unless he or she receives approval from the Administrator to use
another method.
(3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring or recordkeeping method,
requirement, or procedure, the Administrator may require the use of a
method, requirement, or procedure specified in the relevant standard.
If the results of the specified and alternative methods, requirements,
or procedures do not agree, the results obtained by the specified
method, requirement, or procedure shall prevail.
Sec. 65.8 Procedures for approval of alternative means of emission
limitation.
(a) Alternative means of emission limitation. An owner or operator
may request a determination of equivalence for an alternative means of
emission limitation to the requirements of design, equipment, work
practice, or operational standards of this part. If, in the judgment of
the Administrator, an alternative means of emission limitation will
achieve a reduction in regulated material emissions at least equivalent
to the reduction in emissions from that source achieved under any
design, equipment, work practice, or operational standards (but not
performance standards) in this part, the Administrator will publish in
the Federal Register a notice permitting the use of the alternative
means for purposes of compliance with that requirement.
(1) The notice may condition the permission on requirements related
to the operation and maintenance of the alternative means.
(2) Any such notice shall be published only after public notice and
an opportunity for a hearing.
(b) Content of submittal. (1) In order to obtain approval, any
person seeking permission to use an alternative means of compliance
under this section shall collect, verify, and submit to the
Administrator information showing that the alternative means achieves
[[Page 78298]]
equivalent emission reductions. An owner or operator seeking permission
to use an alternative means of compliance who has not previously
performed testing shall also submit a proposed test plan. If the owner
or operator seeks permission to use an alternative means of compliance
based on previously performed testing, they shall submit the results of
that testing, a description of the procedures followed in testing or
monitoring, and a description of pertinent conditions during testing or
monitoring.
(2) The owner or operator who requests an alternative means of
emission limitation shall submit a description of the proposed testing,
monitoring, recordkeeping, and reporting that will be used and the
proposed basis for demonstrating compliance.
(3) For storage vessels, the owner or operator shall include the
results of actual emissions tests using full-size or scale-model
storage vessels that accurately collect and measure all regulated
material emissions using a given control technique, and that accurately
simulate wind and account for other emission variables such as
temperature and barometric pressure, or an engineering analysis that
the Administrator determines is an accurate method of determining
equivalence.
(4) For proposed alternatives to equipment leak requirements, the
owner or operator shall also submit the information and meet the
requirements for alternative means of emission limitation specified in
Sec. 65.102(b) (alternative means of emission limitation).
(c) Manufacturers of equipment used to control equipment leaks of a
regulated material may request a determination of equivalence for an
alternative means of emission limitation for equipment leaks, as
specified in Sec. 65.102(c).
(d) Compliance. If the Administrator makes a determination that a
means of emission limitation is a permissible alternative to the
requirements of design, equipment, work practice, or operational
standards of this part, the owner or operator shall either comply with
the alternative or comply with the requirements of this part.
Sec. 65.9 Availability of information and confidentiality.
(a) Availability of information. The availability to the public of
information provided to, or otherwise obtained by, the Administrator
under this part shall be governed by part 2 of this chapter. With the
exception of information protected under part 2 of this chapter, all
reports, records, and other information collected by the Administrator
under this part are available to the public. In addition, a copy of
each permit application, compliance plan (including the schedule of
compliance), initial compliance status report, periodic report, and
title V permit is available to the public, consistent with protections
recognized in section 503(e) of the Act.
(b) Confidentiality. (1) If an owner or operator is required to
submit information entitled to protection from disclosure under section
114(c) of the Act, the owner or operator may submit such information
separately. The requirements of section 114(c) shall apply to such
information.
(2) The contents of a title V permit shall not be entitled to
protection under section 114(c) of the Act; however, information
submitted as part of an application for a title V permit may be
entitled to protection from disclosure.
Sec. 65.10 State authority.
(a) The provisions of this part shall not be construed in any
manner to preclude any State or political subdivision thereof from
adopting and enforcing any emission standard or limitation applicable
to a regulated source, provided that such standard, limitation,
prohibition, or other regulation is not less stringent than the
standard applicable to such a regulated source.
(b) The provisions of this part shall not be construed in any
manner to preclude any State or political subdivision thereof from
requiring the owner or operator of a regulated source to obtain
permits, licenses, or approvals prior to initiating construction,
modification, or operation of such a regulated source.
Sec. 65.11 Circumvention and prohibited activities.
(a) Circumvention. (1) No owner or operator subject to the
provisions of this part shall build, erect, install, or use any
article, machine, equipment, or process to conceal an emission that
would otherwise constitute noncompliance with a relevant standard. Such
concealment includes, but is not limited to, the following:
(1) The use of diluents to achieve compliance with a relevant
standard based on the concentration of a pollutant in the effluent
discharged to the atmosphere; and
(2) The fragmentation of an operation for the purpose of avoiding
regulation by a relevant standard.
(b) Prohibited activities. (1) No owner or operator subject to the
provisions of this part shall operate any regulated source in violation
of the requirements of this part except under the following provisions:
(i) An extension or waiver of compliance granted by the
Administrator under an applicable part; or
(ii) An extension of compliance granted under an applicable part by
a State with an approved permit program; or
(iii) An exemption from compliance granted by the President under
section 112(i)(4) of the Act.
(2) After the effective date of an approved permit program in a
State, no owner or operator of a regulated source in that State who is
required under an applicable part to obtain a title V permit shall
operate such source except in compliance with the provisions of this
part and the applicable requirements of the permit program in that
State.
(3) An owner or operator of a regulated source who is subject to an
emission standard promulgated under this part or a referencing part
shall comply with the requirements of that standard by the date(s)
established in the applicable subpart(s) (including this subpart)
regardless of whether the following criteria are met:
(i) A title V permit has been issued to that source; or
(ii) If a title V permit has been issued to that source, whether
such permit has been revised or modified to incorporate the emission
standard.
(c) Severability. Notwithstanding any requirement incorporated into
a title V permit obtained by an owner or operator subject to the
provisions of this part, the provisions of this part are federally
enforceable.
Sec. 65.12 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under sections 111(c) and 112(l) of the Act, the authorities
contained in paragraph (b) of this section shall be retained by the
Administrator and not transferred to a State.
(b) Authorities that will not be delegated to States: Secs. 65.8,
65.46, 65.102, 65.156(b)(l)(ii), and 65.158(a)(2)(ii).
Sec. 65.13 Incorporation by reference.
(a) The materials listed in this section are incorporated by
reference in the corresponding sections noted. These incorporations by
reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and notice
[[Page 78299]]
of any change in these materials will be published in the Federal
Register. The materials are available for purchase at the corresponding
addresses noted in paragraph (b) of this section, and all are available
for inspection at the Office of the Federal Register, 800 North Capitol
Street, NW, Suite 700, Washington, DC; at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M Street, SW., Washington, DC;
and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North
Carolina.
(b) The materials listed in this paragraph (b) are available for
purchase from at least one of the following addresses: American Society
for Testing and Materials (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103; or University Microfilms International, 300 North
Zeeb Road, Ann Arbor, Michigan 48106.
(1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by
Gas Chromatography, IBR approved December 14, 2000 for
Secs. 65.64(e)(2) and 65.147(a)(4)(i) and (b)(3)(ii).
(2) ASTM D2382-76, Standard Test Method for Heat of Combustion of
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method). IBR
approved December 14, 2000 for Secs. 65.64(e)(1) and 65.147(b)(3)(ii).
Sec. 65.14 Addresses.
(a) All requests, reports, applications, notifications, and other
communications submitted pursuant to this part, except as specified
under Sec. 65.5(g)(1), shall be sent to the Administrator at the
appropriate EPA Regional Office indicated in the following list:
Region I (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont), Director, Air Management Division, U.S.
Environmental Protection Agency, John F. Kennedy Federal Building,
Boston, Massachusetts 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Air and Waste Management Division, U.S. Environmental
Protection Agency, 290 Broadway, New York, New York 10007.
Region III (Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia), Director, Air and Waste
Management Division, U.S. Environmental Protection Agency, 841
Chestnut Building, Philadelphia, Pennsylvania 19107.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, Tennessee), Director, Air and Waste
Management Division, U.S. Environmental Protection Agency, 61
Forsyth Street, Atlanta, Georgia 30303.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio,
Wisconsin), Director, Air Management Division, U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois
60604-3507.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas);
Director; Compliance Assurance and Enforcement Division; U.S.
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas
75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and
Toxics Division, U.S. Environmental Protection Agency, 726 Minnesota
Avenue, Kansas City, Kansas 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota,
Utah, Wyoming), Director, Air and Waste Management Division, U.S.
Environmental Protection Agency, 999 18th Street, Suite 500, Denver,
Colorado 80295.
Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada), Director, Air and Waste Management Division, U.S.
Environmental Protection Agency, 75 Hawthorne Street, San Francisco,
California 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and
Waste Management Division, U.S. Environmental Protection Agency,
1200 Sixth Avenue, Seattle, Washington 98101.
(b) All information required to be submitted to the Administrator
under this part shall also be submitted to the appropriate State agency
of any State to which authority has been delegated under section 112(l)
of the Act. The mailing addresses for State agencies are listed as
follows:
(1) Alabama. Air Pollution Control Division, Air Pollution Control
Commission, 645 S. McDonough Street, Montgomery, Alabama 36104.
(2) Alaska. Department of Environmental Conservation, 3220 Hospital
Drive, Juneau, Alaska 99811.
(3) Arizona. Arizona Department of Health Services, 1740 West Adams
Street, Phoenix, Arizona 85007.
(4) Arkansas. Chief, Division of Air Pollution Control, Arkansas
Department of Pollution Control and Ecology, 8001 National Drive, P.O.
Box 9583, Little Rock, Arkansas 72209.
(5) California. (i) Amador County Air Pollution Control District,
P.O. Box 430, 810 Court Street, Jackson, California 95642.
(ii) Bay Area Air Pollution Control District, 939 Ellis Street, San
Francisco, California 94109.
(iii) Butte County Air Pollution Control District, P.O. Box 1229,
316 Nelson Avenue, Oroville, California 95965.
(iv) Calaveras County Air Pollution Control District, Government
Center, El Dorado Road, San Andreas, California 95249.
(v) Camino del Rimedio, Santa Barbara, California 93110.
(vi) Colusa County Air Pollution Control District, 751 Fremont
Street, Colusa, California 95952.
(vii) El Dorado Air Pollution Control District, 330 Fair Lane,
Placerville, California 95667.
(viii) Fresno County Air Pollution Control District, 1221 Fulton
Mall, Fresno, California 93721.
(ix) Glenn County Air Pollution Control District, P.O. Box 351, 720
North Colusa Street, Willows, California 95988.
(x) Great Basin Unified Air Pollution Control District, 157 Short
Street, suite 6, Bishop, California 93514.
(xi) Imperial County Air Pollution Control District, County
Services Building, 939 West Main Street, El Centro, California 92243.
(xii) Kern County Air Pollution Control District, 1601 H Street,
suite 250, Bakersfield, California 93301.
(xiii) Kings County Air Pollution Control District, 330 Campus
Drive, Hanford, California 93230.
(xiv) Lake County Air Pollution Control District, 255 North Forbes
Street, Lakeport, California 95453.
(xv) Lassen County Air Pollution Control District, 175 Russell
Avenue, Susanville, California 96130.
(xvi) Madera County Air Pollution Control District, 135 West
Yosemite Avenue, Madera, California 93637.
(xvii) Mariposa County Air Pollution Control District, Box 5,
Mariposa, California 95338.
(xviii) Mendocino County Air Pollution Control District, County
Courthouse, Ukiah, California 94582.
(xix) Merced County Air Pollution Control District, P.O. Box 471,
240 East 15th Street, Merced, California 95340.
(xx) Modoc County Air Pollution Control District, 202 West 4th
Street, Alturas, California 96101.
(xxi) Monterey Bay Unified Air Pollution Control, 1164 Monroe
Street, Suite 10, Salinas, California 93906.
(xxii) Nevada County Air Pollution Control District, H.E.W.
Complex, Nevada City, California 95959.
(xxiii) North Coast Unified Air Quality Management District, 5630
South Broadway, Eureka California 95501.
(xxiv) Northern Sonoma County Air Pollution Control District, 134
``A'' Avenue, Auburn, California 95448.
(xxv) Placer County Air Pollution Control District, 11491 ``B''
Avenue, Auburn, California 95603.
(xxvi) Shasta County Air Pollution Control District, 2650 Hospital
Lane, Redding, California 96001.
(xxvii) Sierra County Air Pollution Control District, P.O. Box 286,
Downieville, California 95936.
(xxviii) Siskiyou County Air Pollution
[[Page 78300]]
Control District, 525 South Foothill Drive, Yreka, California 96097.
(xxix) South Coast Air Quality Management District, 9150 Flair
Drive, El Monte, California 91731.
(xxx) Stanislaus County Air Pollution Control District, 1030 Scenic
Drive, Modesto, California 95350.
(xxxi) Sutter County Air Pollution Control District, Sutter County
Office Building, 142 Garden Highway, Yuba City, California 95991.
(xxxii) Tehama County Air Pollution Control District, P.O. Box 38,
1760 Walnut Street, Red Bluff, California 96080.
(xxxiii) Tulare County Air Pollution Control District, County Civic
Center, Visalia, California 93277.
(xxxiv) Tuolumne County Air Pollution Control District, 9 North
Washington Street, Sonora, California 95370.
(xxxv) Ventura County Air Pollution Control District, 800 South
Victoria Avenue, Ventura, California 93009.
(xxxvi) Yolo-Solano Air Pollution Control District, P.O. Box 1006,
323 First Street, i5, Woodland, California 95695.
(6) Colorado. Department of Health, Air Pollution Control Division,
4210 East 11th Avenue, Denver, Colorado 80220.
(7) Connecticut. Bureau of Air Management, Department of
Environmental Protection, State Office Building, 165 Capitol Avenue,
Hartford, Connecticut 06106.
(8) Delaware. Delaware Department of Natural Resources and
Environmental Control, Tatnall Building, P.O. Box 1401, Dover, Delaware
19901.
(9) Florida. Florida Bureau of Air Quality Management, Department
of Environmental Regulation, Twin Towers Office Building, 2600 Blair
Stone Road, Tallahassee, Florida 32301.
(10) Georgia. Environmental Protection Division, Department of
Natural Resources, 270 Washington Street, SW., Atlanta, Georgia 30334.
(11) Hawaii. (i) Hawaii Department of Health, 1250 Punchbowl
Street, Honolulu, Hawaii 96813.
(ii) Hawaii Department of Health (mailing address), Post Office Box
3378, Honolulu, Hawaii 96801.
(12) Idaho. Idaho Division of Environmental Quality 601 Pole Line
Rd. Ste. # 2 Twin Falls, Idaho 83301.
(13) Illinois. Illinois Environmental Protection Agency--Bureau of
Air 1340 North Ninth St., Springfield Illinois 62702 1021 North Grand
Avenue East (mailing address) P.O. Box 19276 62794-9276.
(14) Indiana. Indiana Department of Environmental Management, 105
South Meridian Street, P.O. Box 6015, Indianapolis, Indiana 46206.
(15) Iowa. Iowa Department of Natural Resources, Environmental
Protection Division, Henry A. Wallace Building, 900 East Grand, Des
Moines, Iowa 50319.
(16) Kansas. Kansas Department of Health and Environment, Bureau of
Air Quality and Radiation Control, Forbes Field, Topeka, Kansas 66620.
(17) Kentucky. Kentucky Division of Air Pollution Control,
Department for Natural Resources and Environmental Protection, U.S.
127, Frankfort, Kentucky 40601.
(18) Louisiana. Program Administrator, Air Quality Division,
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton
Rouge, Louisiana 70804.
(19) Maine. Bureau of Air Quality Control, Department of
Environmental Protection, State House, Station No. 17, Augusta, Maine
04333.
(20) Maryland. Bureau of Air Quality and Noise Control, Maryland
State Department of Health and Mental Hygiene, 201 West Preston Street,
Baltimore, Maryland 21201.
(21) Massachusetts. Division of Air Quality Control, Department of
Environmental Protection, One Winter Street, 7th floor, Boston,
Massachusetts 02108.
(22) Michigan. Air Pollution Control Division, Michigan Department
of Natural Resources, Stevens T. Mason Building, 8th Floor, Lansing,
Michigan 48926.
(23) Minnesota. Minnesota Pollution Control Agency, Division of Air
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.
(24) Mississippi. Bureau of Pollution Control, Department of
Natural Resources, P.O. Box 10385, Jackson, Mississippi 39209.
(25) Missouri. Missouri Department of Natural Resources, Division
of Environmental Quality, P.O. Box 176, Jefferson City, Missouri 65102.
(26) Montana. Department of Health and Environmental Services, Air
Quality Bureau, Cogswell Building, Helena, Montana 59601.
(27) Nebraska. Nebraska Department of Environmental Control, P.O.
Box 94877, State House Station, Lincoln, Nebraska 68509.
(28) Nevada. Nevada Department of Conservation and Natural
Resources, Division of Environmental Protection, 201 South Fall Street,
Carson City, Nevada 89710.
(29) New Hampshire. Air Resources Division, Department of
Environmental Services, 64 North Main Street, Caller Box 2033, Concord,
New Hampshire 03302-2033.
(30) New Jersey. New Jersey Department of Environmental Protection,
John Fitch Plaza, P.O. Box 2807, Trenton, New Jersey 08625.
(31) New Mexico. Director, New Mexico Environmental Improvement
Division, Health and Environment Department, 1190 St. Francis Drive,
Santa Fe, New Mexico 87503.
(32) New York. New York State Department of Environmental
Conservation, 50 Wolf Road, Albany, New York 12233, Attention: Division
of Air Resources.
(33) North Carolina. North Carolina Environmental Management
Commission, Department of Environment and Natural Resources, Division
of Air Quality, P.O. Box 29580, Raleigh, North Carolina 27626-0580.
(34) North Dakota. State Department of Health and Consolidated
Laboratories, Division of Environmental Engineering, State Capitol,
Bismarck, North Dakota 58505.
(35) Ohio. Ohio Environmental Protection Agency, Central District
Office, Air Pollution Unit, P.O. Box 1049, Columbus, Ohio 43266-0149.
(36) Oklahoma. Oklahoma State Department of Health, Air Quality
Service, P.O. Box 53551, Oklahoma City, Oklahoma 73152.
(37) Oregon. Department of Environmental Quality, Yeon Building,
522 SW. Fifth, Portland, Oregon 97204.
(38) Pennsylvania. Department of Environmental Resources, Post
Office Box 2063, Harrisburg, Pennsylvania 17120.
(39) Rhode Island. Division of Air and Hazardous Materials,
Department of Environmental Management, 291 Promenade Street,
Providence, Rhode Island 02908.
(40) South Carolina. Office of Environmental Quality Control,
Department of Health and Environmental Control, 2600 Bull Street,
Columbia, South Carolina 29201.
(41) South Dakota. Department of Water and Natural Resources,
Office of Air Quality and Solid Waste, Joe Foss Building, 523 East
Capitol, Pierre, South Dakota 57501-3181.
(42) Tennessee. Division of Air Pollution Control, Tennessee
Department of Public Health, 256 Capitol Hill Building, Nashville,
Tennessee 37219.
(43) Texas. Texas Natural Resource Conservation Commission, P.O.
Box 13087, Austin, Texas 78711-3087.
(44) Utah. Department of Health, Bureau of Air Quality, 288 North
1460
[[Page 78301]]
West, P.O. Box 16690, Salt Lake City, Utah 84116-0690.
(45) Vermont. Air Pollution Control Division, Agency of Natural
Resources, Building 3 South, 103 South Main Street, Waterbury, Vermont
05676.
(46) Virginia. Virginia State Air Pollution Control Board, Room
1106, Ninth Street Office Building, Richmond, Virginia 23219.
(47) Washington. Department of Ecology, Olympia, Washington 98504.
(48) West Virginia. Air Pollution Control Commission, 1558
Washington Street, East, Charleston, West Virginia 25311.
(49) Wisconsin. Wisconsin Department of Natural Resources, P.O. Box
7921, Madison, Wisconsin 53707.
(50) Wyoming. Wyoming Department of Environmental Quality Air
Division, 122 West 25th St.--4th Floor, Cheyenne, Wyoming 82002.
Secs. 65.15-65.19 [Reserved]
Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60, 61, and 63
General Provisions
------------------------------------------------------------------------
-------------------------------------------------------------------------
A. 40 CFR part 60, subpart A provisions for referencing subparts Ka, Kb,
VV, DDD, III, NNN, and RRR
------------------------------------------------------------------------
Sec. 60.1,
Sec. 60.2,
Sec. 60.5,
Sec. 60.6,
Sec. 60.7(a)(1), and (a)(4),
Sec. 60.14,
Sec. 60.15,
Sec. 60.16
B. 40 CFR part 61, subpart A provisions for referencing subparts Y, V,
and BB
------------------------------------------------------------------------
Sec. 61.01,
Sec. 61.02,
Sec. 61.05,
Sec. 61.06,
Sec. 61.07,
Sec. 61.08,
Sec. 61.10(b), and (c),
Sec. 61.11, Sec. 61.15
C. 40 CFR part 63, subpart A provisions for referencing subparts G and H
------------------------------------------------------------------------
Sec. 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec. 63.2
Sec. 63.5 (a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i)a, (d)(3)(iii) a,
(d)(3)(iv) a, (d)(3)(v) a, (d)(3)(vi) a, (d)(4), (e), (f)(1), and (f)(2)
Sec. 63.6 (a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
through (i)(14), (i)(16) and (j)
Sec. 63.9(a)(2), (b)(4)(i) b, (b)(4)(ii), (b)(4)(iii), (b)(5) b, (c)
and (d)
Sec. 63.10(d)(4)
Sec. 63.12(b)
------------------------------------------------------------------------
a These provisions do not apply to equipment leaks.
b The notifications specified in 40 CFR 63.9(b)(4)(i) and 63.9(b)(5)
shall be submitted at the times specified in this part 65.
Table 2 to Subpart A of Part 65--Applicable Referencing Subpart
Provisions
------------------------------------------------------------------------
If you have been referenced from
* * * You must comply with * * *
------------------------------------------------------------------------
40 CFR part 60, subpart Ka........ 60.110a, 60.111a, and 60.115a
40 CFR part 60, subpart Kb........ 60.110b, 60.111b, 60.116b(c), (e),
(f)(1), and (g)
40 CFR part 60, subpart VV........ 60.480, 60.481, 60.482-1(a),
60.485(d), (e), and (f), and
60.486(i) and (j), 60.488, and
60.489
40 CFR part 60, subpart DDD....... 60.560(a), (b) and (d) through (j),
60.561, 60.562-1, 60.562-2, and
60.565(g)(1)
40 CFR part 60, subpart III....... 60.610(a), (b) and (d), 60.611,
60.616, 60.617
40 CFR part 60, subpart NNN....... 60.660(a), (b), (c)(1) through
(c)(3), (c)(5), (d), 60.661,
60.666, and 60.667
40 CFR part 60, subpart RRR....... 60.700(a), (b), (c)(1), (c)(3),
(c)(5), (c)(6), (c)(7), (d),
60.701, 60.706, 60.707
40 CFR part 61, subpart V......... 61.240, 61.241, 61.245(d), 61.246(i)
and (j), and 61.247(a) and (f)
40 CFR part 61, subpart Y......... 61.270, 61.271(d)(2), and 61.274(a)
40 CFR part 61, subpart BB........ 61.300 and 61.301
40 CFR part 63, subpart G For 63.100, 63.101, 63.104 and 63.105 of
process vents, group 1 storage subpart F and 63.110 and 63.111 of
vessels, and group 1 transfer subpart G
racks.
40 CFR part 63, subpart H......... 63.100, 63.101, 63.104 and 63.105 of
subpart F, and 63.160, 63.161,
63.180(d) of subpart H
------------------------------------------------------------------------
[[Page 78302]]
Subpart B--[Reserved]
Subpart C--Storage Vessels
Sec. 65.40 Applicability.
(a) The provisions of this subpart and of subpart A of this part
apply to control of regulated material emissions from surge control
vessels, bottoms receivers, and other storage vessels where a
referencing subpart references the use of this subpart for such
emissions control.
(b) If a physical or process change is made that causes a storage
vessel to fall outside the criteria in the referencing subpart that
required the storage vessel to control emissions of regulated material,
the owner or operator may elect to no longer comply with the provisions
of this subpart. Instead, the owner or operator shall comply with any
applicable provisions of the referencing subpart.
Sec. 65.41 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.42 Control requirements.
(a) For each storage vessel to which this subpart applies, the
owner or operator shall comply with the requirements of paragraph (b)
or (c) of this section.
(b) For each storage vessel storing a liquid for which the maximum
true vapor pressure of the total regulated material in the liquid is
less than 76.6 kilopascals (10.9 pounds per square inch), the owner or
operator shall reduce regulated material emissions to the atmosphere as
provided in any one of the paragraphs (b)(1) through (7) of this
section.
(1) Internal floating roof (IFR). Operate and maintain a fixed roof
and internal floating roof meeting the requirements of Sec. 65.43.
(2) External floating roof (EFR). Operate and maintain an external
floating roof meeting the requirements of Sec. 65.44.
(3) EFR converted to IFR. Operate and maintain an external floating
roof converted to an internal floating roof meeting the requirements of
Sec. 65.45.
(4) Closed vent system and flare. Operate and maintain a closed
vent system and flare as specified in Sec. 65.142(a)(1). Periods of
planned routine maintenance of the flare during which the flare does
not meet the specifications of Sec. 65.147 shall not exceed 240 hours
per year. The specifications and requirements in Sec. 65.147 for flares
do not apply during periods of planned routine maintenance or during a
control system malfunction. The owner or operator shall report the
periods of planned routine maintenance as specified in Sec. 65.166(d).
(5) Closed vent system and control device. Operate and maintain a
closed vent system and control device as specified in the following and
Sec. 65.142(a)(2):
(i) Except as provided in paragraph (b)(5)(ii) of this section, the
control device shall be designed and operated to reduce inlet emissions
of regulated material by 95 percent or greater.
(ii) For owners or operators referenced to this part from 40 CFR
part 63, subpart G, and if the owner or operator of a storage vessel
can demonstrate that a control device installed on the storage vessel
on or before December 31, 1992 is designed to reduce inlet emissions of
total organic HAP by greater than or equal to 90 percent but less than
95 percent, then the control device is required to be operated to
reduce inlet emissions of total organic HAP by 90 percent or greater.
(iii) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraph (b)(5)(i) or (ii) of this section, shall not exceed 240 hours
per year. The owner or operator shall report the periods of planned
routine maintenance as specified in Sec. 65.166(d).
(iv) The requirements in paragraph (b)(5)(i) of this section for
control devices do not apply during periods of planned routine
maintenance or during a control system malfunction.
(6) Route to process or fuel gas system. Route the emissions to a
process or a fuel gas system as specified in Sec. 65.142(a)(3).
Whenever the owner or operator bypasses the fuel gas system or process,
the owner or operator shall comply with the recordkeeping requirement
in Sec. 65.163(b)(3). Bypassing is permitted if the owner or operator
complies with one or more of the following conditions:
(i) The liquid level in the storage vessel is not increased;
(ii) The emissions are routed through a closed vent system to a
control device complying with paragraph (b)(4) or (5) of this section;
or
(iii) The total aggregate amount of time during which the emissions
bypass the fuel gas system or process during the calendar year without
being routed to a control device, for all reasons (except startups/
shutdowns/malfunctions or product changeovers of flexible operation
units and periods when the storage vessel has been emptied and
degassed), does not exceed 240 hours.
(7) Equivalent requirements. Comply with an equivalent to the
requirements in any one of the paragraphs (b)(1) through (6) of this
section, as provided in Sec. 65.46.
(c) For each storage vessel storing a liquid for which the maximum
true vapor pressure of the total regulated material in the liquid is
greater than or equal to 76.6 kilopascals (10.9 pounds per square
inch), the owner or operator shall meet the requirements in paragraph
(b)(4), (5), or (6) of this section, or equivalent as provided in
Sec. 65.46.
Sec. 65.43 Fixed roof with an internal floating roof (IFR).
(a) IFR design requirements. The owner or operator who elects to
control storage vessel regulated material emissions by using a fixed
roof and an internal floating roof shall comply with the design
requirements in paragraphs (a)(1) through (4) of this section.
(1) The internal floating roof shall be designed to float on the
stored liquid surface except when the floating roof must be supported
by the leg supports.
(2) Except as provided in paragraph (a)(3) of this section, the
internal floating roof shall be equipped with a closure device between
the wall of the storage vessel and the floating roof edge and shall
consist of one of the following devices:
(i) A liquid-mounted seal.
(ii) A metallic shoe seal.
(iii) Two continuous seals mounted one above the other. The lower
seal may be vapor-mounted.
(3) If the internal floating roof is equipped with a vapor-mounted
seal as of December 31, 1992, paragraph (a)(2) of this section does not
apply until the next time the storage vessel is emptied and degassed,
or by April 22, 2004, whichever occurs first.
(4) Except as provided in paragraph (a)(4)(viii) of this section,
each internal floating roof shall meet the following specifications:
(i) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and rim space vents is
to provide a projection below the stored liquid surface.
(ii) Except for leg sleeves, automatic bleeder vents, rim space
vents, column wells, ladder wells, sample wells, and stub drains, each
opening shall be equipped with a gasketed cover or gasketed lid.
(iii) Each penetration of the internal floating roof shall be a
sample well.
[[Page 78303]]
Each sample well shall have a slit fabric cover that covers at least 90
percent of the opening.
(iv) Each automatic bleeder vent and rim space vent shall be
gasketed.
(v) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(vi) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
(vii) Covers on each access hatch and each gauge float well shall
be designed to be bolted or fastened when they are closed.
(viii) If the internal floating roof does not meet any one of the
specifications listed in paragraphs (a)(4)(i) through (vii) of this
section as of December 31, 1992, the requirement for meeting those
specifications does not apply until the next time the storage vessel is
emptied and degassed, or by April 22, 2004, whichever occurs first.
(b) IFR operational requirements. The owner or operator using a
fixed roof and an internal floating roof shall comply with the
following operational requirements:
(1) The internal floating roof shall float on the stored liquid
surface at all times except when the floating roof must be supported by
the leg supports.
(2) When the floating roof is resting on the leg supports, the
process of filling or refilling shall be continuous and shall be
accomplished as soon as practical and the owner or operator shall
maintain the record specified in Sec. 65.47(e).
(3) Automatic bleeder vents are to be set to be closed at all times
when the roof is floating except when the roof is being floated off or
is being landed on the roof leg supports.
(4) Each cover, access hatch, gauge float well, or lid on any
opening in the internal floating roof shall be maintained in a closed
position at all times (i.e., no visible gaps) except when the device is
in actual use. Prior to filling the storage vessel, rim space vents are
to be set to open only when the internal floating roof is not floating,
or when the pressure beneath the rim seal exceeds the manufacturer's
recommended setting.
(c) IFR inspection requirements. To demonstrate compliance, the
owner or operator shall visually inspect the internal floating roof,
the primary seal, and the secondary seal (if one is in service)
according to paragraphs (c)(1) through (4) of this section and maintain
records of the IFR inspection results as specified in Sec. 65.47(c)(1).
(1) Single seal. For vessels equipped with a single-seal system,
the owner or operator shall perform the following inspections:
(i) Visually inspect for IFR type A failures, the internal floating
roof, and the seal through manholes and roof hatches on the fixed roof
no less frequently than once every 12 months.
(ii) Visually inspect for IFR type B failures, the internal
floating roof, the seal, gaskets, slotted membranes, and sleeve seals
(if any) each time the storage vessel is emptied, but no less
frequently than once every 10 years.
(2) Double seal. For vessels equipped with two continuous seals
mounted one above the other, the owner or operator shall perform either
the inspection required in paragraph (c)(2)(i) of this section or the
inspections required in paragraph (c)(2)(ii) of this section:
(i) Visually inspect for IFR type B failures, the internal floating
roof, the primary seal, the secondary seal, gaskets, slotted membranes,
and sleeve seals (if any) each time the storage vessel is emptied, but
no less frequently than once every 5 years; or
(ii) Visually inspect the internal floating roof and the other
components as specified in the following:
(A) For IFR type A failures, inspect the secondary seal through
manholes and roof hatches on the fixed roof no less frequently than
once every 12 months; and
(B) For IFR type B failures, inspect the primary seal, the
secondary seal, gaskets, slotted membranes, and sleeve seals (if any)
each time the vessel is emptied, but no less frequently than once every
10 years.
(3) For inspections to determine if any IFR type B failures are
present as required by paragraphs (c)(1)(ii), (c)(2)(i), and
(c)(2)(ii)(B) of this section, the owner or operator shall comply with
the refilling notification requirements specified in Sec. 65.48(c)(1).
(4) After installing the control equipment required to comply with
Sec. 65.42(b)(1) or (3), visually inspect the internal floating roof,
the primary seal, and the secondary seal (if one is in service) prior
to filling the storage vessel with regulated material. If there are
holes, tears, or other openings in the primary seal, the secondary
seal, or the seal fabric, or defects in the internal floating roof, the
owner or operator shall repair the items before filling the storage
vessel.
(d) IFR repair requirements. The owner or operator shall repair any
observed or determined failures according to paragraphs (d)(1) and (2)
of this section:
(1) If an IFR type A failure is observed, the owner or operator
shall repair the items or empty and remove the storage vessel from
service within 45 calendar days. If the failure cannot be repaired
within 45 calendar days or if the vessel cannot be emptied within 45
calendar days, the owner or operator may utilize up to two extensions
of up to 30 additional calendar days each and keep the records
specified in Sec. 65.47(d).
(2) If an IFR type B failure is determined, the owner or operator
shall repair the items and comply with the refilling notification
requirements of Sec. 65.48(c)(1) before refilling the storage vessel
with regulated material.
Sec. 65.44 External floating roof (EFR).
(a) EFR design requirements. The owner or operator who elects to
control storage vessel regulated material emissions by using an
external floating roof shall comply with the design requirements listed
in paragraphs (a)(1) through (3) of this section.
(1) The external floating roof shall be designed to float on the
stored liquid surface except when the floating roof must be supported
by the leg supports.
(2) The external floating roof shall be equipped with a closure
device between the wall of the storage vessel and the roof edge.
(i) Except as provided in paragraph (a)(2)(iii) of this section,
the closure device is to consist of two continuous seals, one above the
other. The lower seal is referred to as the primary seal and the upper
seal is referred to as the secondary seal.
(ii) Except as provided in paragraph (a)(2)(iv) of this section,
the primary seal shall be either a metallic shoe seal or a liquid-
mounted seal.
(iii) If the external floating roof is equipped with a liquid-
mounted or metallic shoe primary seal as of December 31, 1992, the
requirement for a secondary seal in paragraph (a)(2)(i) of this section
does not apply until the next time the storage vessel is emptied and
degassed, or by April 22, 2004, whichever occurs first.
(iv) If the external floating roof is equipped with a vapor-mounted
primary seal and a secondary seal as of December 31, 1992, the
requirement for a liquid-mounted or metallic shoe primary seal in
paragraph (a)(2)(ii) of this section does not apply until the next time
the storage vessel is emptied and degassed, or by April 22, 2004,
whichever occurs first.
(3) The external floating roof shall meet the following
specifications:
(i) Except for automatic bleeder vents (vacuum breaker vents) and
rim space vents, each opening in the noncontact
[[Page 78304]]
external floating roof shall provide a projection below the stored
liquid surface except as provided in paragraph (a)(3)(xiii) of this
section.
(ii) Covers on each access hatch and each gauge float well shall be
designed to be bolted or fastened when they are closed.
(iii) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening shall be equipped with a gasketed
cover, seal, or lid.
(iv) Automatic bleeder vents and rim space vents shall be equipped
with a gasket.
(v) Each roof drain that empties into the stored liquid shall be
equipped with a slotted membrane fabric cover that covers at least 90
percent of the area of the opening.
(vi) Each unslotted and slotted guide pole well shall be equipped
with a gasketed sliding cover or a flexible fabric sleeve seal.
(vii) Except for antirotational devices equipped with a welded cap,
each unslotted guide pole shall be equipped with a gasketed cap on the
end of the pole.
(viii) Each slotted guide pole shall be equipped with a gasketed
float or other device that closes off the stored liquid surface from
the atmosphere.
(ix) Each gauge hatch/sample well shall be equipped with a gasketed
cover.
(x) Where a metallic shoe seal is in use as the primary seal, one
end of the metallic shoe shall be designed to extend into the stored
liquid and the other end shall extend a minimum vertical distance of 61
centimeters (24 inches) above the stored liquid surface.
(xi) The secondary seal shall be designed to be installed above the
primary seal so that it completely covers the space between the roof
edge and the vessel wall.
(xii) For the primary and secondary seals, there shall be no holes,
tears, or other openings in the shoe, seal fabric, or seal envelope.
(xiii) If each opening in a noncontact external floating roof
except for automatic bleeder vents (vacuum breaker vents) and rim space
vents does not provide a projection below the liquid surface as of
December 31, 1992, the requirement for providing these projections
below the liquid surface does not apply until the next time the storage
vessel is emptied and degassed, or by April 22, 2004, whichever occurs
first.
(b) EFR operational requirements. The owner or operator using an
external floating roof shall comply with the following operational
requirements:
(1) The external floating roof shall float on the stored liquid
surface at all times except when the floating roof must be supported by
the leg supports.
(2) When the floating roof is resting on the leg supports, the
process of filling or refilling shall be continuous and shall be
accomplished as soon as practical, and the owner or operator shall
maintain the record specified in Sec. 65.47(e).
(3) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening shall be maintained in a closed
position (i.e., no visible gap) at all times except when the device is
in actual use.
(4) Covers on each access hatch and each gauge float well shall be
bolted or fastened when they are closed.
(5) Automatic bleeder vents are to be set to be closed at all times
when the roof is floating except when the roof is being floated off or
is being landed on the roof leg supports.
(6) Rim space vents are to be set to open only when the roof is
being floated off the roof leg supports or when the pressure beneath
the rim seal exceeds the manufacturer's recommended setting.
(7) The cap on the end of each unslotted guide pole shall be closed
at all times except when gauging the stored liquid level or taking
samples of the stored liquid.
(8) The cover on each gauge hatch/sample well shall be closed at
all times except when the hatch or well must be open for access.
(9) Except during the inspections required by paragraph (c) of this
section, both the primary seal and the secondary seal shall completely
cover the annular space between the external floating roof and the wall
of the storage vessel in a continuous fashion.
(c) EFR inspection requirements. To demonstrate compliance for an
external floating roof vessel, the owner or operator shall use the
procedures in paragraphs (c)(4) through (9) of this section for seal
gaps according to the frequency specified in paragraphs (c)(1) through
(3) of this section and meet the requirements of paragraph (c)(10) of
this section.
(1) Measurements of gaps between the vessel wall and the primary
seal shall be performed no less frequently than once every 5 years and
at the times specified in paragraphs (c)(1)(i) and (ii) of this
section. The owner or operator shall maintain records of the EFR seal
gap measurements as specified in Sec. 65.47(c)(2).
(i) During the hydrostatic testing of the vessel, by initial
startup, or within 90 days of the initial fill with regulated material.
(ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as
provided for in paragraph (a)(2)(iii) of this section, measurements of
gaps between the vessel wall and the primary seal shall be performed at
least once per year until a secondary seal is installed. When a
secondary seal is installed above the primary seal, measurements of
gaps between the vessel wall and both the primary and secondary seals
shall be performed within 90 calendar days of installation of the
secondary seal and according to the frequency specified in paragraphs
(c)(1) through (3) of this section thereafter.
(2) Measurements of gaps between the vessel wall and the secondary
seal shall be performed no less frequently than once per year and
within 90 days of the initial fill with regulated material, within 90
days of installation of the secondary seal, or by initial startup. The
owner or operator shall maintain records of the EFR seal gap
measurements as specified in Sec. 65.47(c)(2).
(3) If any storage vessel ceases to store regulated material for a
period of 1 year or more, measurements of gaps between the vessel wall
and the primary seal, and gaps between the vessel wall and the
secondary seal shall be performed within 90 days of the vessel being
refilled with regulated material. The owner or operator shall maintain
records of the EFR seal gap measurements as specified in
Sec. 65.47(c)(2).
(4) If the tank contains regulated material, all primary seal
inspections or gap measurements that require the removal or dislodging
of the secondary seal shall be accomplished as soon as possible, and
the secondary seal shall be replaced as soon as possible.
(5) The owner or operator shall notify the Administrator 30 days
before any EFR seal gap measurement as specified in Sec. 65.48(c)(2).
(6) Except as provided in paragraph (d) of this section, the owner
or operator shall determine gap widths and gap areas in the primary and
secondary seals (seal gaps) individually by the following procedures:
(i) Seal gaps, if any, shall be measured at one or more floating
roof levels when the roof is not resting on the roof leg supports.
(ii) Seal gaps, if any, shall be measured around the entire
circumference of the vessel in each place where a 0.32 centimeter (1/
8 inch) diameter uniform probe passes freely
[[Page 78305]]
(without forcing or binding against the seal) between the seal and the
wall of the storage vessel. The circumferential distance of each such
location shall also be measured.
(iii) The total surface area of each gap described in paragraph
(c)(6)(ii) of this section shall be determined by using probes of
various widths to measure accurately the actual distance from the
vessel wall to the seal and multiplying each such width by its
respective circumferential distance.
(7) The owner or operator shall add the gap surface area of each
gap location for the primary seal and divide the sum by the nominal
diameter of the vessel. The owner or operator shall include the
calculations in the record of the seal gap measurement as specified in
Sec. 65.47(c)(2). For metallic shoe primary seals or liquid-mounted
primary seals, the accumulated area of gaps between the vessel wall and
the primary seal shall not exceed 212 square centimeters per meter of
vessel diameter (10.0 square inches per foot of vessel diameter) and
the width of any portion of any gap shall not exceed 3.81 centimeters
(1.50 inches).
(8) The owner or operator shall add the gap surface area of each
gap location for the secondary seal and divide the sum by the nominal
diameter of the vessel. The owner or operator shall include the
calculations in the record of the seal gap measurement as specified in
Sec. 65.47(c)(2). The accumulated area of gaps between the vessel wall
and the secondary seal used in combination with a metallic shoe seal or
liquid-mounted primary seal shall not exceed 21.2 square centimeters
per meter of vessel diameter (1.00 square inch per foot of vessel
diameter) and the width of any portion of any gap shall not exceed 1.27
centimeters (0.50 inch). The secondary seal gap requirements may be
exceeded during the measurement of primary seal gaps as required by
paragraph (c)(1) of this section.
(9) If the owner or operator determines that it is unsafe to
perform the seal gap measurements or to inspect the vessel to determine
compliance because the floating roof appears to be structurally unsound
and poses an imminent or potential danger to inspecting personnel, the
owner or operator shall comply with one of the following requirements:
(i) The owner or operator shall measure the seal gaps or inspect
the storage vessel no later than 30 calendar days after the
determination that the roof is unsafe; or
(ii) The owner or operator shall empty and remove the storage
vessel from service no later than 45 calendar days after determining
that the roof is unsafe. If the vessel cannot be emptied within 45
calendar days, the owner or operator may utilize up to two extensions
of up to 30 additional calendar days each and comply with the
recordkeeping requirements in Sec. 65.47(d).
(10) The owner or operator shall visually inspect for EFR failures,
the external floating roof, the primary seal, secondary seal, and
fittings prior to initial filling and each time the vessel is emptied
(including initially before the vessel is filled with regulated
material), shall maintain records of the EFR inspection results as
specified in Sec. 65.47(c)(1), and shall comply with the refilling
notification requirements specified in Sec. 65.48(c)(1).
(d) EFR repair requirements. (1) The owner or operator shall repair
conditions that do not meet seal gap specifications listed in
paragraphs (c)(7) and (8) of this section or any EFR failure observed
by the inspection required by paragraph (c)(10) of this section no
later than 45 calendar days after identification, or shall empty and
remove the storage vessel from service no later than 45 calendar days
after identification. If the vessel cannot be repaired or emptied
within 45 calendar days, the owner or operator may utilize up to two
extensions of up to 30 additional calendar days each and comply with
the recordkeeping requirements in Sec. 65.47(d).
(2) If an EFR failure is observed by the inspection required by
paragraph (c)(10) of this section, the owner or operator shall repair
the items as necessary so that none of the conditions specified in
paragraph (c)(10) of this section exist before filling or refilling the
storage vessel with regulated material.
Sec. 65.45 External floating roof converted into an internal floating
roof.
The owner or operator who elects to control storage vessel
regulated material emissions by using an external floating roof
converted into an internal floating roof shall comply with the internal
floating roof requirements of Sec. 65.43 except Sec. 65.43(a)(3),
(b)(2), and (b)(3) and the external floating roof deck fitting
requirements of Sec. 65.44 except Sec. 65.44(a)(1), (a)(2), (b)(1),
(b)(8), (b)(9), (c), and (d), including the recordkeeping and reporting
provisions referenced therein.
Sec. 65.46 Alternative means of emission limitation.
Any person seeking permission to use an alternative means of
compliance under this section shall use the procedures of Sec. 65.8.
Sec. 65.47 Recordkeeping provisions.
(a) Retention time. Each owner or operator of a storage vessel
subject to this subpart shall meet the requirements of Sec. 65.4,
except the record specified in paragraph (b) of this section shall be
kept as long as the storage vessel is in operation.
(b) Vessel dimensions and capacity. Each owner or operator of a
storage vessel subject to this subpart shall keep readily accessible
records showing the dimensions of the storage vessel and an analysis of
the capacity of the storage vessel.
(c) Inspection results. The owner or operator shall keep the
records specified in paragraphs (c)(1) and (2) of this section.
(1) For each IFR or EFR inspection required by Sec. 65.43(c)(1) and
(2), or Sec. 65.44(c)(10), respectively, a record containing the
following information, as appropriate:
(i) In the event that no IFR type A failure, IFR type B failure, or
EFR failure is observed, a record showing that the inspection was
performed. The record shall identify the storage vessel on which the
inspection was performed, the date the storage vessel was inspected,
and references indicating which items were inspected.
(ii) In the event that an IFR type A failure, IFR type B failure,
or EFR failure is observed, a record that identifies the storage vessel
on which the inspection was performed, the date the storage vessel was
inspected, a description of the failure and of the repair made, the
date the vessel was emptied (if applicable), and the date that the
repair was made. As specified in Sec. 65.48(b)(1), the owner or
operator shall include this record in the periodic report.
(2) For each EFR seal gap measurement required by Sec. 65.44(c)(1),
(2), or (3), a record describing the results of the measurement. The
record shall identify the vessel on which the measurement was
performed, shall include the date of the measurement, the raw data
obtained in the measurement, and the calculations described in
Sec. 65.44(c)(7) and (8), and shall meet the following two additional
requirements, as appropriate:
(i) In the event that the seal gap measurements do conform to the
specifications in Sec. 65.44(c)(7) and (8), the owner or operator shall
submit the information specified in Sec. 65.48(b)(2)(i) in the periodic
report.
(ii) In the event that the seal gap measurements do not conform to
the specifications in Sec. 65.44(c)(7) and (8), the owner or operator
shall also keep a description of the repairs that were made, the date
the repairs were made,
[[Page 78306]]
and the date the storage vessel was emptied and shall include a report
of the seal gap measurement results in the periodic report as specified
in Sec. 65.48(b)(2)(ii).
(d) Emptying and repairing extension. The owner or operator who
elects to utilize an extension in emptying a storage vessel for
purposes of repair shall prepare by the initiation of the extension the
following documentation, as appropriate, of the decision to utilize an
extension:
(1) For an extension pursuant to Sec. 65.43(d)(1) or
Sec. 65.44(d)(1), a description of the failure, documentation that
alternative storage capacity is unavailable, and a schedule of actions
that will ensure that the control equipment will be repaired or the
vessel will be emptied as soon as practical. As specified in
Sec. 65.48(b)(1)(i), the owner or operator shall include this
information in the periodic report.
(2) For an extension pursuant to Sec. 65.44(c)(9), an explanation
of why it was unsafe to perform the inspection or seal gap measurement,
documentation that alternate storage capacity is unavailable, and a
schedule of actions that will ensure that the vessel will be emptied as
soon as practical. As specified in Sec. 65.48(b)(3), the owner or
operator shall include this information in the periodic report.
(e) Floating roof set on its legs. The owner or operator shall
maintain a record for each storage vessel subject to Sec. 65.43(b)(2)
and Sec. 65.44(b)(2) identifying the date when the floating roof was
set on its legs and the date when the roof was refloated. The record
shall also indicate whether this was a continuous operation.
Sec. 65.48 Reporting provisions.
(a) Notification of initial startup. If Sec. 65.5(b) requires that
a notification of initial startup be filed, then the content of the
notification of initial startup shall at least include the information
specified in Sec. 65.5(b) and the identification of each storage
vessel, its capacity, and the types of regulated material stored in the
storage vessel.
(b) Periodic reports. Report the information specified in
paragraphs (b)(1) through (3) of this section, as applicable, in the
periodic report specified in Sec. 65.5(e).
(1) Inspection results. Report the following information for each
inspection conducted in accordance with Sec. 65.43(c) and Sec. 65.44(c)
in which an IFR or EFR failure is detected in the control equipment:
(i) If an IFR type A failure or an EFR failure is observed for
vessels for which inspections are required under Sec. 65.43(c)(1)(i),
Sec. 65.43(c)(2)(ii)(A), or Sec. 65.44(c)(10), each report shall
include the inspection results record listed in Sec. 65.47(c)(1)(ii).
If an extension is utilized in accordance with Sec. 65.43(d)(1) or
Sec. 65.44(d)(1), the report shall include the records listed in
Sec. 65.47(c)(1)(ii) plus the documentation specified in
Sec. 65.47(d)(1).
(ii) If an IFR type B failure is observed for vessels for which
inspections are required under Sec. 65.43(c)(1)(ii), (c)(2)(i), or
(c)(2)(ii)(B), each report shall include a copy of the records listed
in Sec. 65.47(c)(1)(ii).
(2) Seal gap measurement results. (i) For each vessel whose seal
gaps are measured during the reporting period, identify each seal gap
measurement made in accordance with Sec. 65.44(c) in which the
requirements of Sec. 65.44(c)(7) or (8) are met.
(ii) For each seal gap measurement made in accordance with
Sec. 65.44(c) in which the requirements of Sec. 65.44(c)(7) or (8) are
not met, from the records kept pursuant to Sec. 65.47(c)(2), report the
date of the measurements, results of the calculations, and note which
seal gap measurements did not conform to the specifications in
Sec. 65.44(c)(7) and (8).
(3) Extension documentation. If an extension is utilized in
accordance with Sec. 65.44(c)(9), the owner or operator shall include
the documentation specified in Sec. 65.47(d)(2) in the next report
required by Sec. 65.5(e).
(c) Special notifications. An owner or operator who elects to
comply with Sec. 65.43, Sec. 65.44, or Sec. 65.45 shall submit, as
applicable, the reports specified in paragraphs (c)(1) and (2) of this
section except as specified in paragraph (c)(3) of this section. Each
written notification or report shall also include the information
specified in Sec. 65.5(f).
(1) Refilling notification. In order to afford the Administrator
the opportunity to have an observer present, notify the Administrator
prior to refilling of a storage vessel that has been emptied. If the
storage vessel is equipped with an internal floating roof as specified
in Sec. 65.43, an external floating roof as specified in Sec. 65.44, or
an external floating roof converted to an internal floating roof as
specified in Sec. 65.45, the notification shall meet either of the
following requirements, as applicable.
(i) Notify the Administrator in writing at least 30 calendar days
prior to the refilling of each storage vessel; or
(ii) If the inspection is not planned and the owner or operator
could not have known about the inspection 30 calendar days in advance
of refilling the vessel, the owner or operator shall notify the
Administrator as soon as practical, but no later than 7 calendar days
prior to the refilling of the storage vessel. Notification may be made
by telephone and immediately followed by written documentation
demonstrating why the inspection was unplanned. Alternatively, the
notification including the written documentation may be made in writing
and sent so that it is received by the Administrator at least 7
calendar days prior to refilling.
(2) Seal gap measurement notification. In order to afford the
Administrator the opportunity to have an observer present during seal
gap measurements, the owner or operator of a storage vessel equipped
with an external floating roof as specified in Sec. 65.44 shall meet
either of the following notification requirements, as applicable:
(i) Notify the Administrator in writing at least 30 calendar days
in advance of any seal gap measurements; or
(ii) If the seal gap measurements are not planned and the owner or
operator could not have known about the seal gap measurements 30
calendar days in advance, the owner or operator shall notify the
Administrator as soon as practical, but no later than 7 calendar days
prior to the seal gap measurements. Notification may be made by
telephone and immediately followed by written documentation
demonstrating why the seal gap measurements were unplanned.
Alternatively, the notification including the written documentation may
be made in writing and sent so that it is received by the Administrator
at least 7 calendar days prior to refilling.
(3) Notification waiver. Where a notification required by
paragraphs (c)(1) or (2) of this section is sent to a delegated State
or local agency, a copy of the notification to the Administrator is not
required. A delegated State or local agency may waive the requirements
for these notifications.
(d) Compliance certification. For sources subject to the compliance
certification provisions of title V, a recertification of continuous
compliance with Sec. 65.43(b)(1) and Sec. 65.44(b)(1) shall be based on
the annual inspections required by Sec. 65.43(c)(1)(i) and
(c)(2)(ii)(A) and any observations made at other times when the roof is
viewed.
Secs. 65.49-65.59 [Reserved]
Subpart D--Process Vents
Sec. 65.60 Applicability.
The provisions of this subpart and of subpart A of this part apply
to regulated material emissions from process vents where a referencing
subpart references the use of this subpart.
[[Page 78307]]
Sec. 65.61 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.62 Process vent group determination.
(a) Group status. The owner or operator of a process vent shall
determine the group status (i.e., Group 1, Group 2A, or Group 2B) for
each process vent. Group 1 process vents require control, and Group 2A
and 2B process vents do not. Group 2A process vents require parameter
monitoring, and Group 2B process vents do not. The owner or operator
shall report the group status of each process vent as specified in
Sec. 65.5(c)(2).
(b) Group 1. A process vent is considered Group 1 if it meets at
least one of the following specifications:
(1) The owner or operator designates the process vent as Group 1.
(2) At representative operating conditions expected to yield the
lowest TRE index value for the process vent, the TRE index value is
less than or equal to 1.0, the flow rate is greater than or equal to
0.011 standard cubic meter per minute (0.40 standard cubic foot per
minute), and the concentration is greater than or equal to the
applicable criterion in table 1 of this subpart. Procedures for
determining the TRE index value, flow rate, and concentration are
specified in Sec. 65.64.
(c) Group 2A. A process vent is considered Group 2A if, at
representative operating conditions expected to yield the lowest TRE
index value, it has a TRE index value of greater than 1.0 and less than
or equal to 4.0, a flow rate of greater than or equal to 0.011 standard
cubic meter per minute (0.40 standard cubic foot per minute), and a
concentration greater than or equal to the applicable table 1
criterion. Procedures for determining the TRE index value, flow rate,
and concentration are specified in Sec. 65.64.
(d) Group 2B. A process vent is considered Group 2B if, at
representative operating conditions expected to yield the lowest TRE
index value, it has a TRE index value of greater than 4.0; or a flow
rate of less than 0.011 standard cubic meter per minute (0.40 standard
cubic foot per minute); or a concentration less than the applicable
criterion in table 1 of this subpart. Procedures for determining the
TRE index value, flow rate, and concentration are specified in
Sec. 65.64.
Sec. 65.63 Performance and group status change requirements.
(a) Group 1 performance requirements. Except for the additional
requirement for halogenated vent streams as provided in paragraph (b)
of this section, the owner or operator of a Group 1 process vent shall
comply with the requirements of either paragraph (a)(1), (2), or (3) of
this section.
(1) Flare. Reduce emissions of regulated material using a flare
meeting the applicable requirements of Sec. 65.142(b).
(2) 98 percent or 20 parts per million standard. Reduce emissions
of regulated material or TOC by at least 98 weight-percent or to a
concentration of less than 20 parts per million by volume, whichever is
less stringent. For combustion devices, the emission reduction or
concentration shall be calculated on a dry basis, and corrected to 3
percent oxygen. The owner or operator shall meet the requirements in
Sec. 65.142(b) and paragraphs (a)(2)(i) and/or (a)(2)(ii) of this
section.
(i) Compliance with paragraph (a)(2) of this section may be
achieved by using any combination of recovery and/or control device to
meet the 20 parts per million by volume concentration standard; or by
using any combination of recovery and/or control device to meet the 98
weight percent reduction standard, if the recovery device meets the
conditions of paragraph (a)(2)(ii) of this section.
(ii) An owner or operator may use a recovery device alone or in
combination with one or more control devices to reduce emissions of
total regulated material by 98 weight-percent if all of the following
conditions are met:
(A) For process vents referenced to this part by 40 CFR part 63,
subpart G, the recovery device (and any control device that operates in
combination with the recovery device to reduce emissions of total
regulated material by 98 weight-percent) was installed before December
31, 1992.
(B) The recovery device that will be used to reduce emissions of
total regulated material by 98 weight-percent is the last recovery
device before emission to the atmosphere.
(C) The recovery device alone or in combination with one or more
control devices is capable of reducing emissions of total regulated
material by 98 weight-percent but is not capable of reliably reducing
emissions of total regulated material to a concentration of 20 parts
per million by volume.
(D) If the owner or operator disposed of the recovered material,
the recovery device would be considered a control device and comply
with the requirements of this subpart and Sec. 65.142(b) for control
devices.
(3) TRE index value. Achieve and maintain a TRE index value greater
than 1.0 at the outlet of the final recovery device, or prior to
release from the process vent to the atmosphere if no recovery device
is present. If the TRE index value is greater than 1.0, the process
vent shall meet the provisions for a Group 2A or 2B process vent
specified in either paragraph (c), (d), (e), or (f) of this section,
whichever is applicable.
(b) Halogenated Group 1 performance requirement. Halogenated Group
1 process vents that are combusted shall be controlled according to
paragraph (b)(1) or (2) of this section. The owner or operator shall
either designate the Group 1 process vent as a halogenated Group 1
process vent or shall determine whether the process vent is halogenated
using the procedures specified in Sec. 65.64(g). If determined, the
halogen concentration in the vent stream shall be recorded and reported
in the Initial Compliance Status Report as specified in Sec. 65.160(d).
If the owner or operator designates the process vent as a halogenated
Group 1 process vent, then this shall also be recorded and reported in
the Initial Compliance Status Report.
(1) Halogen reduction device following combustion. If a combustion
device is used to comply with paragraph (a)(2) of this section for a
halogenated process vent, then the process vent exiting the combustion
device shall be ducted to a halogen reduction device including, but not
limited to, a scrubber before it is discharged to the atmosphere, and
the halogen reduction device shall meet the requirements of paragraph
(b)(1)(i) or (ii) of this section, as applicable. The halogenated
process vent shall not be combusted using a flare.
(i) Except as provided in paragraph (b)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens by 99 percent or shall reduce the outlet mass of
total hydrogen halides and halogens to less than 0.45 kilogram per hour
(0.99 pound per hour), whichever is less stringent. The owner or
operator shall meet the requirements in Sec. 65.142(b).
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the device shall reduce overall emissions
of hydrogen halides and halogens by 95 percent or shall reduce the
outlet mass of total hydrogen halides and halogens to less than 0.45
kilogram per hour (0.99 pound per hour), whichever is less stringent.
[[Page 78308]]
The owner or operator shall meet the requirements in Sec. 65.142(b).
(2) Halogen reduction device prior to combustion. A halogen
reduction device, such as a scrubber, or other technique may be used to
reduce the process vent halogen atom mass emission rate to less than
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion
control device and thus make the process vent nonhalogenated; the
process vent must comply with the requirements of paragraph (a)(1) or
(2) of this section. The mass emission rate of halogen atoms contained
in organic compounds prior to the combustor shall be determined
according to the procedures in Sec. 65.64(g). The owner or operator
shall maintain the record specified in Sec. 65.160(d) and submit the
report specified in Sec. 65.165(d).
(c) Performance requirements for Group 2A process vents with
recovery devices. For Group 2A process vents, where the owner or
operator is using a recovery device to maintain a TRE index value
greater than 1.0, the owner or operator shall maintain a TRE index
value greater than 1.0 and comply with the requirements for recovery
devices in Sec. 65.142(b).
(d) Performance requirements for Group 2A process vents without
recovery devices. For Group 2A process vents where the owner or
operator is not using a recovery device to maintain a TRE index value
greater than 1.0, determine the appropriate parameters to be monitored
and submit the information as specified in paragraphs (d)(1), (2), and
(3) of this section. Such information shall be submitted for approval
to the Administrator as part of a title V permit application or by
separate notice. The owner or operator shall monitor as specified in
Sec. 65.65(a), maintain the record specified in Sec. 65.66(e), and
submit reports as specified in Sec. 65.67(c).
(1) Parameter monitoring. A description of the parameter(s) to be
monitored to ensure the owner or operator of a process vent achieves
and maintains the TRE above 1.0. and an explanation of the criteria
used to select the parameter(s).
(2) Demonstration methods and procedures. A description of the
methods and procedures that will be used to demonstrate that the
parameter indicates proper operation of the process, the schedule for
this demonstration, and a statement that the owner or operator will
establish a range for the monitored parameter as part of the Initial
Compliance Status Report required in Sec. 65.5(d), unless this
information has already been included in the operating permit
application.
(3) Monitoring, recordkeeping, and reporting frequency. The
frequency and content of monitoring, recording, and reporting if
monitoring and recordkeeping are not continuous, or if reports of daily
average values when the monitored parameter value is outside the range
established in the operating permit or Initial Compliance Status Report
will not be included in periodic reports required under Sec. 65.5(e).
The rationale for the proposed monitoring, recording, and reporting
system shall be included.
(e) Group 2B performance requirements. For Group 2B process vents,
the owner or operator shall maintain a TRE index greater than 4.0, a
flow rate less than 0.011 scmm, or a concentration less than the
applicable criteria in table 1 to this subpart.
(f) Group 2A or 2B process change requirements. Whenever process
changes are made that could reasonably be expected to change a Group 2A
or 2B process vent to a Group 1 vent, the owner or operator shall
recalculate the TRE index value, flow, or TOC or organic hazardous air
pollutant (HAP) concentration according to paragraph (f)(1), (2), or
(3) of this section as specified for each process vent as necessary to
determine whether the process vent is Group 1, Group 2A, or Group 2B
and shall maintain the applicable records specified in Sec. 65.66(d)
and submit the applicable reports specified in Sec. 65.67(b). The owner
or operator shall perform the group status determination as soon as
practical after the process change and within 180 days after the
process change. Examples of process changes include, but are not
limited to, changes in production capacity, production rate, feedstock
type, or catalyst type, or whenever there is replacement, removal, or
addition of recovery equipment. For purposes of paragraph (f) of this
section, process changes do not include process upsets; unintentional,
temporary process changes; and changes that are within the range on
which the original TRE index value calculation was based.
(1) Flow rate. The flow rate shall be determined as specified in
the sampling site and flow rate determination procedures in
Sec. 65.64(b) and (d) or by using best engineering assessment of the
effects of the change. Engineering assessments shall meet the
specifications in Sec. 65.64(i).
(2) Concentration. The TOC or organic HAP concentration shall be
determined as specified in Sec. 65.64(b) and (c) or by using best
engineering assessment of the effects of the change. Engineering
assessments shall meet the specifications in Sec. 65.64(i).
(3) TRE index value. The TRE index value shall be recalculated
based on measurements of process vent flow rate, TOC, and/or organic
HAP concentrations, and heating values as specified in Sec. 65.64(b),
(c), (d), (e), (f), (g), and (h) as applicable, or based on best
engineering assessment of the effects of the change. Engineering
assessments shall meet the specifications in Sec. 65.64(i).
(4) Group status change to Group 1. Where the process change causes
the group status to change to Group 1, the owner or operator shall
comply with the Group 1 process vent provisions in paragraph (a) of
this section and, if they apply, the halogenated Group 1 process vent
provisions in paragraph (b) of this section upon initial startup after
the change and thereafter unless the owner or operator demonstrates to
the Administrator that achieving compliance will take longer than
making the process change. If this demonstration is made to the
Administrator's satisfaction, the owner or operator shall comply as
expeditiously as practical, but in no event later than 3 years after
the emission point becomes Group 1, and shall comply with the following
procedures to establish a compliance date:
(i) The owner or operator shall submit to the Administrator for
approval a compliance schedule, along with a justification for the
schedule.
(ii) The compliance schedule shall be submitted with the operating
permit application or amendment or by other appropriate means.
(iii) The Administrator shall approve the compliance schedule or
request changes within 120 calendar days of receipt of the compliance
schedule and justification.
(5) Group status change to Group 2A. Whenever a process change
causes the process vent group status to change to Group 2A, the owner
or operator shall comply with the provisions of paragraph (c) or (d) of
this section upon completion of the group status determination of the
process vent.
(6) Group status change to Group 2B. Whenever a process change
causes the process vent group status to change to Group 2B, the owner
or operator shall comply with the provisions of paragraph (e) of this
section as soon as practical after the process change.
Sec. 65.64 Group determination procedures.
(a) General. The provisions of this section provide calculation and
measurement methods for parameters that are used to determine group
status.
[[Page 78309]]
(b)(1) Sampling site. For purposes of determining TOC or HAP
concentration, process vent volumetric flow rate, heating value, or TRE
index value as specified under paragraph (c), (d), (e), (f), or (h) of
this section, the sampling site shall be located after the last
recovery device (if any recovery devices are present) but prior to the
inlet of any control device that is present, and prior to release to
the atmosphere.
(2) Sampling site when a halogen reduction device is used prior to
a combustion device. An owner or operator using a scrubber or other
halogen reduction device to reduce the process vent halogen atom mass
emission rate to less than 0.45 kilogram per hour (0.99 pound per hour)
prior to a combustion control device in compliance with
Sec. 65.63(b)(2) shall determine the halogen atom mass emission rate
prior to the combustor and after the scrubber or other halogen
reduction device according to the procedures in paragraph (g) of this
section.
(3) Sampling site selection method. Method 1 or 1A of appendix A of
40 CFR part 60, as appropriate, shall be used for selection of the
sampling site. No traverse site selection method is needed for process
vents smaller than 0.10 meter (4 inches) in nominal inside diameter.
(c) TOC or HAP concentration. The TOC or HAP concentrations used
for TRE index value calculations in paragraph (h) of this section shall
be determined based on paragraph (c)(1) or (i) of this section, or any
other method or data that have been validated according to the protocol
in Method 301 of appendix A of 40 CFR part 63. For concentrations
needed for comparison with the appropriate concentration in table 1 of
this subpart, TOC or HAP concentration shall be determined based on
paragraph (c)(1), (c)(2), or (i) of this section or any other method or
data that have been validated according to the protocol in Method 301
of appendix A of 40 CFR part 63. The owner or operator shall record the
TOC or HAP concentration as specified in Sec. 65.66(c).
(1) Method 18. The procedures specified in paragraph (c)(1)(i) and
(ii) of this section shall be used to calculate parts per million by
volume concentration using Method 18 of appendix A of 40 CFR part 60.
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or four grab samples shall be taken. If
grab sampling is used, then the samples shall be taken at approximately
equal intervals in time, such as 15-minute intervals during the run.
(ii) The concentration of either TOC (minus methane and ethane) or
organic HAP emissions shall be calculated using the following two
procedures, as applicable.
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 64-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.000
Where:
CTOC = Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
x = Number of samples in the sample run.
n = Number of components in the sample.
Cji = Concentration of sample component j of the sample i,
dry basis, parts per million by volume.
(B) The total organic HAP concentration (CHAP) shall be
computed according to the equation in paragraph (c)(1)(ii)(A) of this
section except that only the organic HAP species shall be summed.
(2) Method 25A. The following procedures shall be used to calculate
parts per million by volume concentration using Method 25A of appendix
A of 40 CFR part 60:
(i) Method 25A of appendix A of 40 CFR part 60 shall be used only
if a single organic compound of regulated material is greater than 50
percent of total organic HAP or TOC, by volume, in the process vent.
(ii) The process vent composition may be determined by either
process knowledge, test data collected using an appropriate EPA method,
or a method or data validated according to the protocol in Method 301
of appendix A of 40 CFR part 63. Examples of information that could
constitute process knowledge include calculations based on material
balances, process stoichiometry, or previous test results provided the
results are still relevant to the current process vent conditions.
(iii) The organic compound used as the calibration gas for Method
25A of appendix A of 40 CFR part 60 shall be the single organic
compound of regulated material present at greater than 50 percent of
the total organic HAP or TOC by volume.
(iv) The span value for Method 25A of appendix A of 40 CFR part 60
shall be equal to the appropriate concentration value in table 1 to
this subpart.
(v) Use of Method 25A of appendix A of 40 CFR part 60 is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(vi) The owner or operator shall demonstrate that the concentration
of TOC including methane and ethane measured by Method 25A of appendix
A of 40 CFR part 60 is below one-half the appropriate value in table 1
to this subpart to be considered a Group 2B vent with an organic HAP or
TOC concentration below the appropriate value in table 1 to this
subpart.
(d) Volumetric flow rate. The process vent volumetric flow rate
(QS) in standard cubic meters per minute at 20 deg.C (68
deg.F) shall be determined as specified in paragraphs (d)(1) and (2) of
this section and shall be recorded as specified in Sec. 65.66(b):
(1) Use Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60, as
appropriate. If the process vent tested passes through a final steam
jet ejector and is not condensed, the stream volumetric flow shall be
corrected to 2.3 percent moisture; or
(2) The engineering assessment procedures in paragraph (i) of this
section can be used for determining volumetric flow rates.
(e) Heating value. The net heating value shall be determined as
specified in paragraphs (e)(1) and (2) of this section or by using the
engineering assessment procedures in paragraph (i) of this section.
(1) The net heating value of the process vent shall be calculated
using Equation 64-2 of this section:
[[Page 78310]]
[GRAPHIC] [TIFF OMITTED] TR14DE00.001
Where:
HT = Net heating value of the sample, megajoule per standard
cubic meter, where the net enthalpy per mole of process vent is based
on combustion at 25 deg.C and 760 millimeters of mercury, but the
standard temperature for determining the volume corresponding to 1 mole
is 20 deg.C as in the definition of QS (process vent
volumetric flow rate).
K1 = Constant, 1.740 x 10-7 (parts per
million)-1 (gram-mole per standard cubic meter) (megajoule
per kilocalorie), where standard temperature for (gram-mole per
standard cubic meter) is 20 deg.C.
n = Number of components in the sample.
Dj = Concentration on a wet basis of compound j in parts per
million as measured by procedures indicated in paragraph (e)(2) of this
section. For process vents that pass through a final steam jet and are
not condensed, the moisture is assumed to be 2.3 percent by volume.
Hj = Net heat of combustion of compound j, kilocalorie per
gram-mole, based on combustion at 25 deg.C and 760 millimeters of
mercury. The heat of combustion of process vent components shall be
determined using American Society for Testing and Materials (ASTM)
D2382-76 (incorporated by reference as specified in Sec. 65.13) if
published values are not available or cannot be calculated.
(2) The molar composition of the process vent (Dj) shall
be determined using the following methods:
(i) Method 18 of appendix A of 40 CFR part 60 to measure the
concentration of each organic compound.
(ii) American Society for Testing and Materials (ASTM) D1946-77
(incorporated by reference as specified in Sec. 65.13) to measure the
concentration of carbon monoxide and hydrogen.
(iii) Method 4 of appendix A of 40 CFR part 60 to measure the
moisture content of the stack gas.
(f) TOC or HAP emission rate. The emission rate of TOC (minus
methane and ethane) (ETOC) and/or the emission rate of total
organic HAP (EHAP) in the process vent as required by the
TRE index value equation specified in paragraph (h) of this section,
shall be calculated using Equation 64.3 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.002
Where:
E = Emission rate of TOC (minus methane and ethane) (ETOC)
or emission rate of total organic HAP (EHAP) in the sample,
kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per million)
(gram-mole per standard cubic meter) (kilogram per gram) (minutes per
hour), where standard temperature for (gram-mole per standard cubic
meter) is 20 deg.C.
n = Number of components in the sample.
Cj = Concentration on a dry basis of organic compound j in
parts per million as measured by Method 18 of appendix A of 40 CFR part
60 as indicated in paragraph (c) of this section. If the TOC emission
rate is being calculated, Cj includes all organic compounds
measured minus methane and ethane; if the total organic HAP emission
rate is being calculated, only organic HAP compounds are included.
Mj = Molecular weight of organic compound j, gram/gram-mole.
Qs = Process vent flow rate, dry standard cubic meter per
minute, at a temperature of 20 deg.C.
(g) Halogenated vent determination. In order to determine whether a
process vent is halogenated, the mass emission rate of halogen atoms
contained in organic compounds shall be calculated according to the
procedures specified in paragraphs (g)(1) and (2) of this section. A
process vent is considered halogenated if the mass emission rate of
halogen atoms contained in the organic compounds is equal to or greater
than 0.45 kilogram per hour (0.99 pound per hour).
(1) The process vent concentration of each organic compound
containing halogen atoms (parts per million by volume, by compound)
shall be determined based on one of the following procedures:
(i) Process knowledge that no halogen or hydrogen halides are
present in the process vent; or
(ii) Applicable engineering assessment as discussed in paragraph
(i)(3) of this section; or
(iii) Concentration of organic compounds containing halogens
measured by Method 18 of appendix A of 40 CFR part 60; or
(iv) Any other method or data that have been validated according to
the applicable procedures in Method 301 of appendix A of 40 CFR part
63.
(2) Equation 64-4 of this section shall be used to calculate the
mass emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR14DE00.003
Where:
E = Mass of halogen atoms, dry basis, kilogram per hour.
K2 = Constant, 2.494 x 10- 6 (parts per
million)-1 (kilogram-mole per standard cubic meter) (minute
per hour), where standard temperature is 20 deg.C.
Q = Flow rate of gas stream, dry standard cubic meters per minute,
determined according to paragraph (d) or (i) of this section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas
stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas
stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas
stream.
Mji = Molecular weight of halogen atom i in compound j of
the gas stream, kilogram per kilogram-mole.
(h) TRE index value. The owner or operator shall calculate the TRE
index value of the process vent using the equations and procedures
specified in paragraphs (h)(1) through (3) of this section, as
applicable, and shall maintain the records specified in Sec. 65.66(a)
or Sec. 65.66(d)(4), as applicable.
(1) TRE index value equation. Equation 64-5 of this section shall
be used to calculate the TRE index:
[GRAPHIC] [TIFF OMITTED] TR14DE00.022
Where:
TRE = TRE index value.
A, B, C, D, E, and F = Parameters presented in tables 2 and 3 of this
subpart that include the following variables:
[[Page 78311]]
Q = Process vent flow rate, standard cubic meters per minute, at a
standard temperature of 20 deg.C, as calculated according to paragraph
(d) or (i) of this section.
H = Process vent net heating value, megajoules per standard cubic
meter, as calculated according to paragraph (e) or (i) of this section.
ETOC = Emission rate of TOC (minus methane and ethane),
kilograms per hour, as calculated according to paragraph (f) or (i) of
this section.
EHAP = Emission rate of total organic HAP, kilograms per
hour, as calculated according to paragraph (f) or (i) of this section.
(2) Nonhalogenated process vents. The owner or operator of a
nonhalogenated process vent shall calculate the TRE index value using
either one of the following procedures, as applicable:
(i) TRE calculations: Part 60 regulated sources. Use the parameters
in table 2 to this subpart and calculate the TRE index value twice,
once using the appropriate equation (depending on the heating value and
flow rate of the process vent) in equations 15 through 30 and once
using the appropriate equation (depending on the heating value of the
process vent) in equations 31 and 32. Select the lowest TRE index
value.
(ii) TRE calculations: Part 63 regulated sources. Use the equation
and parameters in table 3 to this subpart and calculate the TRE index
value using equations 34, 35, and 36 for process vents at existing
sources; or equations 38, 39, and 40 for process vents at new sources.
Select the lowest TRE index value.
(3) Halogenated process vents. The owner or operator of a
halogenated process vent stream as determined according to procedures
specified in paragraph (g) of this section shall calculate the TRE
index value using either one of the following procedures, as
applicable:
(i) TRE Calculations: Part 60 regulated sources. Use the parameters
in table 2 to this subpart and calculate the TRE index value using the
appropriate equation chosen from equations 1 through 14 depending on
the heating value and flow rate of the process vent.
(ii) TRE calculations: Part 63 regulated sources. Use the
appropriate parameters in table 3 to this subpart and calculate the TRE
index value using equation 33 or 37 depending on whether the process
vent is at a new or existing source.
(i) Engineering assessment. For purposes of TRE index value
determination, engineering assessment may be used to determine process
vent flow rate, net heating value, TOC emission rate, and total organic
HAP emission rate for the representative operating condition expected
to yield the lowest TRE index value. Engineering assessments shall meet
the requirements of paragraphs (i)(1) through (4) of this section. If
process vent flow rate or process vent organic HAP or TOC concentration
is being determined for comparison with the 0.011 scmm (0.40 standard
cubic foot) flow rate or the applicable concentration value in table 1
to this subpart, engineering assessment may be used to determine the
flow rate or concentration for the representative operating condition
expected to yield the highest flow rate or concentration.
(1) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (h) of this
section is greater than 4.0, then the owner or operator is not required
to perform the measurements specified in paragraphs (c) through (g) of
this section.
(2) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (h) of this
section is less than or equal to 4.0, then the owner or operator is
required either to perform the measurements specified in paragraphs (c)
through (g) of this section for group determination or to consider the
process vent a Group 1 process vent and comply with the requirement (or
standard) specified in Sec. 65.63(a) and, if applicable, Sec. 65.63(b).
(3) Engineering assessment includes, but is not limited to, the
examples specified in paragraphs (i)(3)(i) through (iv) of this
section.
(i) Previous test results provided the tests are representative of
current operating practices at the process unit.
(ii) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(iii) Maximum flow rate, TOC emission rate, organic HAP emission
rate, organic HAP or TOC concentration, or net heating value limit
specified or implied within a permit limit applicable to the process
vent.
(iv) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to, the following examples:
(A) Use of material balances based on process stoichiometry to
estimate maximum TOC or organic HAP concentrations;
(B) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities;
(C) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(D) Estimation of maximum expected net heating value based on the
stream concentration of each organic compound or, alternatively, as if
all TOC in the stream were the compound with the highest heating value.
(4) All data, assumptions, and procedures used in the engineering
assessment shall be documented. The owner or operator shall maintain
the records specified in Sec. 65.66(a), (b), (c), or (d), as
applicable.
Sec. 65.65 Monitoring.
(a) An owner or operator of a Group 2A process vent maintaining a
TRE index value greater than 1.0 without a recovery device shall
monitor based on the approved plan as specified in Sec. 65.63(d).
(b) As required in Sec. 65.63(a) and (c), an owner or operator of a
Group 2A process vent maintaining a TRE index value greater than 1.0
with a recovery device or a Group 1 process vent shall comply with
Sec. 65.142(b).
Sec. 65.66 Recordkeeping provisions.
(a) TRE index value records. The owner or operator shall maintain
records of measurements, engineering assessments, and calculations
performed to determine the TRE index value of the process vent
according to the procedures of Sec. 65.64(h), including those records
associated with halogen vent stream determination. Documentation of
engineering assessments shall include all data, assumptions, and
procedures used for the engineering assessments, as specified in
Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or operator
shall include this information in the Initial Compliance Status Report.
(b) Flow rate records. Each owner or operator who elects to
demonstrate that a process vent is Group 2B based on a flow rate less
than 0.011 standard cubic meter per minute (0.40 standard cubic foot
per minute) shall record the flow rate as measured using the sampling
site and flow rate determination procedures specified in Sec. 65.64(b)
and (d) or determined through engineering assessment as specified in
Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or operator
shall include this information in the Initial Compliance Status Report.
(c) Concentration records. Each owner or operator who elects to
demonstrate that a process vent is Group 2B based on a concentration
less than the
[[Page 78312]]
applicable criteria in table 1 to this subpart shall record the organic
HAP or TOC concentration as measurement using the sampling site and HAP
or TOC concentration determination procedures specified in
Sec. 65.64(b) and (c) or determined through engineering assessment as
specified in Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or
operator shall include this information in the Initial Compliance
Status Report.
(d) Process change records. The owner or operator shall keep up-to-
date, readily accessible records as specified in the following and
shall report this information as specified in Sec. 65.67(b):
(1) If the process vent is Group 2B on the basis of flow rate being
less than 0.011 scmm (0.40 standard cubic foot), then the owner or
operator shall keep records of any process changes as defined in
Sec. 65.63(f) that increase the process vent flow rate and any
recalculation or measurement of the flow rate pursuant to
Sec. 65.63(f).
(2) If the process vent is Group 2B on the basis of organic HAP or
TOC concentration being less than the applicable value in table 1 to
this subpart, then the owner or operator shall keep records of any
process changes as defined in Sec. 65.63(f) that increase the organic
HAP or TOC concentration of the process vent and any recalculation or
measurement of the concentration pursuant to Sec. 65.63(f).
(3) If the process vent is Group 2A or Group 2B on the basis of the
TRE index value being greater than 1.0, then the owner or operator
shall keep records of any process changes as defined in Sec. 65.63(f)
and any recalculation of the TRE index value pursuant to Sec. 65.63(f).
(4) As a result of a process change, if a process vent that was
Group 2B on any basis becomes a Group 2B process vent only on the basis
of having a TRE greater than 4.0, then the owner or operator shall keep
records of the TRE index value determination performed according to the
sample site and TRE index value determination procedures of
Sec. 65.64(b)(1) and (h) or determined through engineering assessment
as specified in Sec. 65.64(i).
(e) Other Group 2A records. An owner or operator of a Group 2A
process vent maintaining a TRE index value greater than 1.0 without a
recovery device shall record the parameters monitored based on the
approved plan as specified in Sec. 65.63(d).
Sec. 65.67 Reporting provisions.
(a) Initial compliance status report. The owner or operator shall
submit as part of the Initial Compliance Status Report specified in
Sec. 65.5(d) the information recorded in Sec. 65.66(a), (b), and (c),
as applicable.
(b) Process change. (1) Whenever a process change, as described in
Sec. 65.63(f), is made that causes a Group 2A or 2B process vent to
become a Group 1 process vent or a Group 2B process vent to become a
Group 2A process vent, the owner or operator shall either submit a
report within 60 days after the performance test or group determination
or submit a report included as part of the next periodic report. The
report shall include the following information:
(i) A description of the process change;
(ii) The results of the recalculation of the flow rate, organic HAP
or TOC concentration, and/or TRE index value required under
Sec. 65.63(f) and recorded under Sec. 65.66(d); and
(iii) A statement that the owner or operator will comply with the
provisions of Sec. 65.63 by the schedules specified in Sec. 65.63(f)(4)
through (6).
(2) For process vents that become Group 1 process vents after a
process change requiring a performance test to be conducted for the
control device being used as specified in subpart G of this part, the
owner or operator shall specify that the performance test has become
necessary due to a process change. This specification shall be made in
the notification to the Administrator of the intent to conduct a
performance test as provided in Sec. 65.164(b)(1).
(3) Whenever a process change as described in Sec. 65.63(f) is made
that changes the group status of a process vent from Group 1 to Group
2A, or from Group 1 to Group 2B, or from Group 2A to Group 2B, the
owner or operator shall include a statement in the next periodic report
after the process change that a process change has been made and the
new group status of the process vents.
(4) The owner or operator is not required to submit a report of a
process change if one of the following conditions is met:
(i) The change does not meet the definition of a process change in
Sec. 65.63(f); or
(ii) For a Group 2B process vent, the vent stream flow rate is
recalculated according to Sec. 65.63(f) and the recalculated value is
less than 0.011 standard cubic meter per minute (0.40 standard cubic
foot per minute); or
(iii) For a Group 2B process vent, the organic HAP or TOC
concentration of the vent stream is recalculated according to
Sec. 65.63(f), and the recalculated value is less than the applicable
value in table 1 to this subpart; or
(iv) For a Group 2B process vent, the TRE index value is
recalculated according to Sec. 65.63(f) and the recalculated value is
greater than 4.0.
(c) Parameters for Group 2A without a recovery device. An owner or
operator of a Group 2A process vent maintaining a TRE index value
greater than 1.0 without using a recovery device shall report the
information specified in the approved plan under Sec. 65.63(d).
Secs. 65.68-65.79 [Reserved]
Table 1 to Subpart D of Part 65.--Concentration for Group Determination
------------------------------------------------------------------------
Referencing subpart Concentration 1\
------------------------------------------------------------------------
Subpart III of Part 60................... NA.
Subpart NNN of Part 60................... 300 ppmv of TOC.
Subpart RRR of Part 60................... 300 ppmv of TOC.
Subpart G of Part 63..................... 50 ppmv of HAP 2.
------------------------------------------------------------------------
1 The 50 ppm HAP concentration cutoff only applies to 40 CFR part 63,
subpart G sources. Process vents subject to only 40 CFR part 60,
subparts RRR or NNN are eligible for the 300 ppm TOC cutoff. There is
no concentration cutoff for subpart III sources. The process vent
provisions of subpart DDD are not consolidated under this subpart.
2 For process vents subject to subpart G of 40 CFR part 63, the owner
or operator may measure HAP or TOC concentration with regard to the
low concentration exemption provisions of this part.
[[Page 78313]]
Table 2 to Subpart D of Part 65.--TRE Parameters for NSPS Referencing Subpartsa\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Net heating Values of terms for TRE equation: TRE=A * [ B + C + D + E + F ]
Halogenated vent stream? value (MJ/ Vent stream flow rate (scm/---------------------------------------------------------------------------------------------------------- Equation
scm)b min)c A B C D E F number
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Yes......................... 0 H Q 14.2 1/ETOC 30.96334 0 0 -0.13064QH 0 1
3.5
14.2 Q TOC 19.18370 0.27580Q 0.757620Q0.88 -0.13064QH 0.01025Q0.5 2
eq>18.8
18.8 Q 699 1/ETOC 20.00563 0.27580Q 0.303870Q0.88 -0.13064QH 0.01025Q0.5 3
699 Q 1400 1/ETOC 39.87022 0.29973Q 0.303870Q0.88 -0.13064QH 0.01449Q0.5 4
1400 Q 2100 1/ETOC 59.73481 0.31467Q 0.303870Q0.88 -0.13064QH 0.01775Q0.5 5
2100 Q 2800 1/ETOC 79.59941 0.32572Q 0.303870Q0.88 -0.13064QH 0.02049Q0.5 6
2800 Q 3500 1/ETOC 99.46400 0.33456Q 0.303870Q0.88 -0.13064QH 0.02291Q0.5 7
H >3.5 Q 14.2 1/ETOC 20.61052 0 0 0 0 8
14.2 Q TOC 18.84466 0.26742Q -0.200440Q0.88 0 0.01025Q0.5 9
eq>18.8
18.8 Q 699 1/ETOC 19.66658 0.26742Q -0.253320Q0.88 0 0.01025Q0.5 10
699 Q 1400 1/ETOC 39.19213 0.29062Q -0.253320Q0.88 0 0.01449Q0.5 11
1400 Q 2100 1/ETOC 58.71768 0.30511Q -0.253320Q0.88 0 0.01775Q0.5 12
2100 Q 2800 1/ETOC 78.24323 0.31582Q -0.253320Q0.88 0 0.02049Q0.5 13
2800 Q 3500 1/ETOC 97.76879 0.32439Q -0.253320Q0.88 0 0.02291Q0.5 14
No.......................... 0 H Q 14.2 1/ETOC 11.01250 0 0 -0.17109QH 0 15
0.4
8
14.2 Q TOC 8.54245 0.10555Q 0.090300Q0.88 -0.17109QH 0.01025Q0.5 16
eq>1340
1340 Q 2690 1/ETOC 16.94386 0.11470Q 0.090300Q0.88 -0.17109QH 0.01449Q0.5 17
2690 Q 4040 1/ETOC 25.34528 0.12042Q 0.090300Q0.88 -0.17109QH 0.01775Q0.5 18
0.48 H TOC 13.45630 0 0 -0.16181QH 0 19
eq>1.9
14.2 Q TOC 9.25233 0.06105Q 0.319370Q0.88 -0.16181QH1 0.01025Q0.5 20
eq>1340
1340 Q 2690 1/ETOC 18.36363 0.06635Q 0.319370Q0.88 -0.16181QH 0.01449Q0.5 21
2690 Q 4040 1/ETOC 27.47492 0.06965Q 0.319370Q0.88 -0.16181QH 0.01775Q0.5 22
1.9 H TOC 7.96988 0 0 0 0 23
eq>3.6
14.2 Q TOC 6.67868 0.06943Q 0.025820Q0.88 0 0.01025Q0.5 24
eq>1180
1180 Q 2370 1/ETOC 13.21633 0.07546Q 0.025820Q0.88 0 0.01449Q0.5 25
2370 Q 3550 1/ETOC 19.75398 0.07922Q 0.025820Q0.88 0 0.01775Q0.5 26
H >3.6 Q 14.2 1/ETOC 6.67868 0 0.02220Q0.88H0.88 -0.00707QH 0.02036H0.5 27
Q 14.2 and 1/ETOC 6.67868 0 0.02220Q0.88H0.88 -0.00707QH 0.00540Q0.5H0.5 28
14.2 Q*(H/3.6)
1180
Q 14.2 and 1/ETOC 13.21633 0 0.02412Q0.88H0.88 -0.00707QH 0.00764Q0.5H0.5 29
1180 Q*(H/3.6) 2370
Q 14.2 and 1/ETOC 19.75398 0 0.02533Q0.88H0.88 -0.00707QH 0.00936Q0.5H0.5 30
2370 Q*(H/3.6) 3550
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
No.......................... 0 H All 1/ETOC 2.08 2.25Q 0.288Q0.8 -0.193QH -0.0051ETOC 31
11.2
H TOC 2.08 0.309Q 0.0619Q0.8 -0.0043QH -0.0043ETOC 32
eq>11.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in Sec. 65.64(h).
b MJ/scm = mega Joules per standard cubic meter.
c scm/min = standard cubic meters per minute.
[[Page 78314]]
Table 3 To Subpart D of Part 65.--TRE Parameters for HON Referencing Subpartsa
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values of terms for TRE equation: TRE = A * [ B + C + D + E + F ]
Halogenated ---------------------------------------------------------------------------------------------------------
Existing or new? vent stream? Equation
A B C D E F number
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing..................... Yes............ 1/EHAP 3.995 0.05200Q 0 -0.001769H 0.0009700ETOC 33
No............. 1/EHAP 1.935 0.3660Q 0 -0.007687H -0.000733ETOC 34
1/EHAP 1.492 0.06267Q 0 0.03177H -0.001159ETOC 35
1/EHAP 2.519 0.01183Q 0 0.01300H 0.04790ETOC 36
New.......................... Yes............ 1/EHAP 1.0895 0.01417Q 0 -0.000482H 0.0002645ETOC 37
No............. 1/EHAP 0.5276 0.0998Q 0 -0.002096H -0.0002000ETOC 38
1/EHAP 0.4068 0.0171Q 0 0.008664H -0.000316ETOC 39
1/EHAP 0.6868 0.00321Q 0 0.003546H 0.01306ETOC 40
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in Sec. 65.64(h).
Subpart E--Transfer Racks
Sec. 65.80 Applicability.
(a) The provisions of this subpart and of subpart A of this part
apply to control of regulated material emissions from transfer racks
where a referencing subpart references the use of this subpart for such
emissions control.
(b) If a physical or process change is made that causes a transfer
rack to fall outside the criteria in the referencing subpart that
required the transfer rack to control emission of regulated material,
the owner or operator may elect to comply with the provisions for
transfer racks not subject to control contained in the referencing
subpart instead of the provisions of this subpart.
Sec. 65.81 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.82 Design requirements.
(a) The owner or operator shall equip each transfer rack with
either one of the following equipment:
(1) A closed vent system which routes the regulated material vapors
to a control device as provided in Sec. 65.83(a)(1) and (2).
(2) Process piping which routes the regulated material vapors to a
process or a fuel gas system as provided in Sec. 65.83(a)(4), or to a
vapor balance system as provided in Sec. 65.83(a)(3).
(b) Each closed vent system shall be designed to collect the
regulated material displaced from tank trucks or railcars during
loading and to route the collected regulated material to a control
device as provided in Sec. 65.83(a)(1) and (2).
(c) Process piping shall be designed to collect the regulated
material displaced from tank trucks or railcars during loading and to
route the collected regulated material vapors to a process or a fuel
gas system as provided in Sec. 65.83(a)(4), or to a vapor balance
system as provided in Sec. 65.83(a)(3).
(d) Each closed vent system shall meet the applicable requirements
of Sec. 65.143.
(e) If the collected regulated material vapors are routed to a
process or a fuel gas system as provided in Sec. 65.83(a)(4), then each
owner or operator shall meet the applicable requirements of
Sec. 65.142(c).
Sec. 65.83 Performance requirements.
(a) The owner or operator of the transfer rack shall comply with
paragraph (a)(1), (2), (3), or (4) of this section.
(1) 98 Percent or 20 parts per million by volume standard. Use a
control device to reduce emissions of regulated material by 98 weight-
percent or to an exit concentration of 20 parts per million by volume,
whichever is less stringent. For combustion devices, the emission
reduction or concentration shall be calculated on a dry basis,
corrected to 3 percent oxygen. The owner or operator shall meet the
applicable requirements of Sec. 65.142(c). Compliance may be achieved
by using any combination of control devices.
(2) Flare. Reduce emissions of regulated material using a flare
meeting the applicable requirements of Sec. 65.142(c).
(3) Vapor balancing. Reduce emissions of regulated material using a
vapor balancing system designed and operated to collect regulated
material vapors displaced from tank trucks or railcars during loading;
and to route the collected regulated material vapors to the storage
vessel from which the liquid being loaded originated, or to another
storage vessel connected to a common header, or to compress and route
collected regulated material vapors to a process. Transfer racks for
which the owner or operator is using a vapor balancing system are
exempt from the closed vent system design requirements of Sec. 65.82(b)
and (d), the halogenated vent stream control requirements of paragraph
(b) of this section, the control device operation requirements of
Sec. 65.84(b), the monitoring requirements of Sec. 65.86, and the
requirements of subpart G of this part.
(4) Route to a process or fuel gas system. Route emissions of
regulated material to a process or fuel gas system. The owner or
operator shall meet the applicable requirements of Sec. 65.142(c) and
is exempt from the closed vent system design requirements of paragraphs
Sec. 65.82(b) and (d), the halogenated vent stream control requirements
of paragraph (b) of this section, the control device operation
requirements of Sec. 65.84(b), and the monitoring requirements of
Sec. 65.86. If the emissions are routed to a process, the regulated
material in the emissions shall predominantly meet one of, or a
combination of, the ends specified in the following:
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
regulated materials;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(b) Additional control requirements for halogenated vent streams.
Halogenated vent streams from transfer racks that are combusted shall
be controlled according to paragraph (b)(1) or (2) of this section. The
owner or operator shall either designate the transfer rack vent stream
as a halogenated vent stream or shall determine whether the vent stream
is halogenated using the procedures specified in Sec. 65.85(c). If
determined, the halogen concentration in the vent stream shall be
recorded and reported in the Initial Compliance Status Report as
specified in Sec. 65.160(d). If the owner or operator designates the
vent stream as a halogenated vent stream, then this shall also be
recorded and reported in the Initial Compliance Status Report.
[[Page 78315]]
(1) Halogen reduction device following combustion. If a combustion
device is used to comply with paragraph (a)(1) of this section for a
halogenated vent stream, then the vent stream exiting the combustion
device shall be ducted to a halogen reduction device including, but not
limited to, a scrubber before it is discharged to the atmosphere, and
the halogen reduction device shall meet the requirements of paragraph
(b)(1)(i) or (ii) of this section, as applicable. The halogenated vent
stream shall not be combusted using a flare.
(i) Except as provided in paragraph (b)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens by 99 percent or shall reduce the outlet mass
emission rate of total hydrogen halides and halogens to 0.45 kilogram
per hour (0.99 pound per hour) or less, whichever is less stringent.
The owner or operator shall meet the applicable requirements of
Sec. 65.142(c).
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the halogen reduction device shall reduce
overall emissions of hydrogen halides and halogens by 95 percent or
shall reduce the outlet mass of total hydrogen halides and halogens to
less than 0.45 kilogram per hour (0.99 pound per hour), whichever is
less stringent. The owner or operator shall meet the applicable
requirements of Sec. 65.142(c).
(2) Halogen reduction device prior to combustion. A halogen
reduction device, such as a scrubber, or other technique may be used to
make the vent stream nonhalogenated by reducing the vent stream halogen
atom mass emission rate to less than 0.45 kilogram per hour (0.99 pound
per hour) prior to any combustion control device used to comply with
the requirements of paragraph (a)(1) or (2) of this section. The mass
emission rate of halogen atoms contained in organic compounds prior to
the combustor shall be determined according to the procedures in
Sec. 65.85(c). The owner or operator shall maintain the record
specified in Sec. 65.160(d) and submit the report specified in
Sec. 65.165(d).
Sec. 65.84 Operating requirements.
(a) Closed vent systems or process piping. An owner or operator of
a transfer rack shall operate it in such a manner that emissions are
routed through the equipment specified in either paragraph (a)(1) or
(2) of this section.
(1) A closed vent system which routes the regulated material vapors
to a control device as provided in Sec. 65.83(a)(1) and (2).
(2) Process piping which routes the regulated material vapors to a
process or a fuel gas system as provided in Sec. 65.83(a)(4) or to a
vapor balance system as provided in Sec. 65.83(a)(3).
(b) Control device operation. Whenever regulated material emissions
are vented to a control device used to comply with the provisions of
this subpart, such control device shall be operating.
(c) Tank trucks and railcars. The owner or operator shall load
regulated material only into tank trucks and railcars that meet one of
the following two requirements and shall maintain the records specified
in Sec. 65.87:
(1) Have a current certification in accordance with the U.S.
Department of Transportation (DOT) pressure test requirements of 49 CFR
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
(2) Have been demonstrated to be vapor-tight within the preceding
12 months as determined by the procedures in Sec. 65.85(a). Vapor-tight
means that the pressure in a truck or railcar tank will not drop more
than 750 pascals (0.11 pound per square inch) within 5 minutes after it
is pressurized to a minimum of 4,500 pascals (0.65 pound per square
inch).
(d) Pressure relief device. The owner or operator of a transfer
rack subject to the provisions of this subpart shall ensure that no
pressure relief device in the loading equipment of each tank truck or
railcar shall begin to open to the atmosphere during loading. Pressure
relief devices needed for safety purposes are not subject to paragraph
(d) of this section.
(e) Compatible system. The owner or operator of a transfer rack
subject to the provisions of this subpart shall load regulated material
only to tank trucks or railcars equipped with a vapor collection system
that is compatible with the transfer rack's closed vent system or
process piping.
(f) Loading while systems connected. The owner or operator of a
transfer rack subject to this subpart shall load regulated material
only to tank trucks or railcars whose collection systems are connected
to the transfer rack's closed vent systems or process piping.
Sec. 65.85 Procedures.
(a) Vapor tightness. For the purposes of demonstrating vapor
tightness to determine compliance with Sec. 65.84(c)(2), the following
procedures and equipment shall be used:
(1) The pressure test procedures specified in Method 27 of appendix
A of 40 CFR part 60; and
(2) A pressure measurement device that has a precision of
2.5 millimeters of mercury (0.10 inch) or better and that
is capable of measuring above the pressure at which the tank truck or
railcar is to be tested for vapor tightness.
(b) Engineering assessment. Engineering assessment to determine if
a vent stream is halogenated or flow rate of a gas stream includes, but
is not limited to, the following examples:
(1) Previous test results, provided the tests are representative of
current operating practices at the process unit.
(2) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(3) Maximum flow rate or halogen emission rate specified or implied
within a permit limit applicable to the process vent.
(4) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties.
(5) All data, assumptions, and procedures used in the engineering
assessment shall be documented.
(c) Halogenated vent stream determination. In order to determine
whether a vent stream is halogenated, the mass emission rate of halogen
atoms contained in organic compounds shall be calculated as specified
in paragraphs (c)(1) and (2) of this section.
(1) The vent stream concentration of each organic compound
containing halogen atoms (parts per million by volume by compound)
shall be determined based on any of the following procedures:
(i) Process knowledge that no halogen or hydrogen halides are
present in the vent stream; or
(ii) Applicable engineering assessment as specified in paragraph
(b) of this section; or
(iii) Concentration of organic compounds containing halogens
measured by Method 18 of appendix A of 40 CFR part 60; or
(iv) Any other method or data that have been validated according to
the applicable procedures in Method 301 of appendix A of 40 CFR part
63.
(2) Equation 85-1 of this section shall be used to calculate the
mass emission rate of halogen atoms:
[[Page 78316]]
[GRAPHIC] [TIFF OMITTED] TR14DE00.004
Where:
E = Mass of halogen atoms, dry basis, kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20 deg. C.
Vs = Flow rate of gas stream, dry standard cubic meters per
minute, determined according to Method 2, 2A, 2C, or 2D of appendix A
of 40 CFR part 60, as appropriate, or determined using engineering
assessment as specified in paragraph (b) of this section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas
stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas
stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas
stream.
Mji = Molecular weight of halogen atom i in compound j of
the gas stream, kilogram per kilogram-mole.
Sec. 65.86 Monitoring.
The owner or operator of a transfer rack equipped with a closed
vent system and control device pursuant to Sec. 65.83(a)(1) or (2)
shall monitor the closed vent system and control device as required
under the applicable paragraphs specified in Sec. 65.142(c).
Sec. 65.87 Recordkeeping provisions.
The owner or operator of a transfer rack shall record that either
the verification of U.S. Department of Transportation (DOT) tank
certification or Method 27 of appendix A of 40 CFR part 60 testing
required in Sec. 65.84(c) has been performed. Various methods for the
record of verification can be used, such as a check off on a log sheet,
a list of DOT serial numbers or Method 27 data, or a position
description for gate security showing that the security guard will not
allow any trucks on-site that do not have the appropriate
documentation.
Secs. 65.88-65.99 [Reserved]
Subpart F--Equipment Leaks
Sec. 65.100 Applicability.
(a) Equipment subject to this subpart. The provisions of this
subpart and subpart A of this part apply to equipment that contains or
contacts regulated material. Compliance with this subpart instead of
the referencing subpart does not alter the applicability of the
referencing subpart. This subpart applies only to the equipment to
which the referencing subpart applies. This part does not extend
applicability to equipment that is not regulated by the referencing
subpart.
(b) Equipment in vacuum service. Equipment in vacuum service is
excluded from the requirements of this subpart.
(c) Equipment in service less than 300 hours per calendar year.
Equipment intended to be in regulated material service less than 300
hours per calendar year is excluded from the requirements of
Secs. 65.106 through 65.115 and Sec. 65.117 if it is identified as
required in Sec. 65.103(b)(6).
(d) Lines and equipment not containing process fluids. Lines and
equipment not containing process fluids are not subject to the
provisions of this subpart. Utilities and other nonprocess lines, such
as heating and cooling systems that do not combine their materials with
those in the processes they serve, are not considered to be part of a
process unit.
Sec. 65.101 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.102 Alternative means of emission limitation.
(a) Performance standard exemption. The provisions of paragraph (b)
of this section do not apply to the performance standards of
Sec. 65.111(b) for pressure relief devices or Sec. 65.112(f) for
compressors operating under the alternative compressor standard.
(b) Requests by owners or operators. An owner or operator may
request a determination of alternative means of emission limitation to
the requirements of Secs. 65.106 through 65.115 as provided in
paragraph (d) of this section. If the Administrator makes a
determination that a means of emission limitation is a permissible
alternative, the owner or operator shall either comply with the
alternative or comply with the requirements of Secs. 65.106 through
65.115.
(c) Requests by manufacturers of equipment. (1) Manufacturers of
equipment used to control equipment leaks of a regulated material may
apply to the Administrator for approval of an alternative means of
emission limitation that achieves a reduction in emissions of the
regulated material equivalent to the reduction achieved by the
equipment, design, and operational requirements of this subpart.
(2) The Administrator will grant permission according to the
provisions of paragraph (d) of this section.
(d) Permission to use an alternative means of emission limitation.
Permission to use an alternative means of emission limitation shall be
governed by the procedures in paragraph (d)(1) through (4) of this
section.
(1) Where the standard is an equipment, design, or operational
requirement, the following requirements apply:
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying emission performance test data for an
alternative means of emission limitation.
(ii) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
(iii) The Administrator may condition the permission on
requirements that may be necessary to ensure operation and maintenance
to achieve at least the same emission reduction as the equipment,
design, and operational requirements of this subpart.
(2) Where the standard is a work practice, the following
requirements apply:
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying test data for the alternative.
(ii) The owner or operator shall demonstrate the emission reduction
achieved by the required work practice and the proposed alternative
means of emission limitation.
[[Page 78317]]
(iii) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices and
will consider the commitment in paragraph (d)(2)(iv) of this section.
(iv) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve
the same or greater emission reduction as the required work practices
of this subpart.
(3) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
(4) If in the judgment of the Administrator an alternative means of
emission limitation will be approved, the Administrator will publish a
notice of the determination in the Federal Register using the
procedures pursuant to Sec. 65.8(a).
Sec. 65.103 Equipment identification.
(a) General equipment identification. Equipment subject to this
subpart shall be identified. Identification of the equipment does not
require physical tagging of the equipment. For example, the equipment
may be identified on a plant site plan, in log entries, by designation
of process unit boundaries, by some form of weatherproof
identification, or by other appropriate methods.
(b) Additional equipment identification. In addition to the general
identification required by paragraph (a) of this section, equipment
subject to any of the provisions in Secs. 65.106 through 65.115 shall
be specifically identified as required in paragraphs (b)(1) through (6)
of this section, as applicable. Paragraph (b) of this section does not
apply to an owner or operator of a batch product-process who elects to
pressure test the batch product-process equipment train pursuant to
Sec. 65.117.
(1) Connectors. Except for inaccessible, ceramic, or ceramic-lined
connectors meeting the provisions of Sec. 65.108(e)(2), and
instrumentation systems identified pursuant to paragraph (b)(5) of this
section, identify the connectors subject to the requirements of this
subpart. Connectors subject to Sec. 65.108(e)(3) shall be distinguished
from other connectors. Connectors need not be individually identified
if all connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated. With respect to connectors, the
identification shall be complete no later than the completion of the
initial survey required by Sec. 65.108(a).
(2) [Reserved]
(3) Routed to a process or fuel gas system or equipped with a
closed vent system and control device. Identify the equipment that the
owner or operator elects to route to a process or fuel gas system or
equip with a closed vent system and control device under the provisions
of Sec. 65.107(e)(3) (pumps in light liquid service), Sec. 65.109(e)(3)
(agitators), Sec. 65.111(d) (pressure relief devices in gas/vapor
service), Sec. 65.112(e) (compressors), or Sec. 65.118 (alternative
means of emission limitation for enclosed-vented process units).
(4) Pressure relief devices. Identify the pressure relief devices
equipped with rupture disks under the provisions of Sec. 65.111(e).
(5) Instrumentation systems. Identify instrumentation systems
subject to the provisions of this subpart. Individual components in an
instrumentation system need not be identified.
(6) Equipment in service less than 300 hours per calendar year.
Identify either by list, location (area or group), or other method,
equipment in regulated material service less than 300 hours per
calendar year within a process unit subject to the provisions of this
subpart.
(c) Special equipment designations: Equipment that is unsafe or
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 65.106(e)(1), pumps
meeting the provisions of Sec. 65.107(e)(6), connectors meeting the
provisions of Sec. 65.108(e)(1), and agitators meeting the provisions
of Sec. 65.109(e)(7) may be designated unsafe-to-monitor if the owner
or operator determines that monitoring personnel would be exposed to an
immediate danger as a consequence of complying with the monitoring
requirements of this subpart.
(2) Designation and criteria for difficult-to-monitor. Valves
meeting the provisions of Sec. 65.106(e)(2) may be designated
difficult-to-monitor if the provisions of paragraph (c)(2)(i) of this
section apply. Agitators meeting the provisions of Sec. 65.109(e)(5)
may be designated difficult-to-monitor if the provisions of paragraph
(c)(2)(ii) of this section apply.
(i) Valves. The owner or operator of the valve: (A) Determines that
the valve cannot be monitored without elevating the monitoring
personnel more than 2 meters (7 feet) above a support surface, or it is
not accessible in a safe manner when it is in regulated material
service, and the process unit within which the valve is located is a
regulated source for which the owner or operator commenced
construction, reconstruction, or modification prior to the compliance
date of the referencing subpart; or
(B) Designates less than 3 percent of the total number of valves
within the process unit as difficult-to-monitor.
(ii) Agitators. The owner or operator determines that the agitator
cannot be monitored without elevating the monitoring personnel more
than 2 meters (7 feet) above a support surface, or it is not accessible
in a safe manner when it is in regulated material service.
(3) Identification of unsafe or difficult-to-monitor equipment. The
owner or operator shall record the identity of equipment designated as
unsafe-to-monitor according to the provisions of paragraph (c)(1) of
this section and the planned schedule for monitoring this equipment.
The owner or operator shall record the identity of equipment designated
as difficult-to-monitor according to the provisions of paragraph (c)(2)
of this section, the planned schedule for monitoring this equipment,
and an explanation why the equipment is difficult-to-monitor.
(4) Written plan requirements. (i) The owner or operator of
equipment designated as unsafe-to-monitor according to the provisions
of paragraph (c)(1) of this section shall have a written plan that
requires monitoring of the equipment as frequently as practical during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in Sec. 65.105 if a leak is detected.
(ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section
shall have a written plan that requires monitoring of the equipment at
least once per calendar year and repair of the equipment according to
the procedures in Sec. 65.105 if a leak is detected.
(d) Special equipment designations: Equipment that is unsafe to
repair.--(1) Designation and criteria. Connectors subject to the
provisions of Sec. 65.105(e) may be designated unsafe to repair if the
owner or operator determines that repair personnel would be exposed to
an immediate danger as a consequence of complying with the repair
requirements of this subpart, and if the connector will be repaired
before the end of the next process unit shutdown as specified in
Sec. 63.105(e).
(2) Identification of equipment. The identity of connectors
designated as unsafe to repair and an explanation why the connector is
unsafe to repair shall be recorded.
[[Page 78318]]
(e) Special equipment designations: Compressors operating with an
instrument reading of less than 500 parts per million. Identify the
compressors that the owner or operator elects to designate as operating
with an instrument reading of less than 500 parts per million under the
provisions of Sec. 65.112(f).
(f) Special equipment designations: Equipment in heavy liquid
service. The owner or operator of equipment in heavy liquid service
shall comply with the requirements of either paragraph (f)(1) or (2) of
this section as provided in paragraph (f)(3) of this section.
(1) Retain information, data, and analyses used to determine that a
piece of equipment is in heavy liquid service.
(2) When requested by the Administrator, demonstrate that the piece
of equipment or process is in heavy liquid service.
(3) A determination or demonstration that a piece of equipment or
process is in heavy liquid service shall include an analysis or
demonstration that the process fluids do not meet the definition of
``in light liquid service.'' Examples of information that could
document this include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
Sec. 65.104 Instrument and sensory monitoring for leaks.
(a) Monitoring for leaks. The owner or operator of a regulated
source subject to this subpart shall monitor regulated equipment as
specified in paragraph (a)(1) of this section for instrument monitoring
and paragraph (a)(2) of this section for sensory monitoring.
(1) Instrument monitoring for leaks. (i) Valves in gas/vapor
service and in light liquid service shall be monitored pursuant to
Sec. 65.106(b).
(ii) Pumps in light liquid service shall be monitored pursuant to
Sec. 65.107(b).
(iii) Connectors in gas/vapor service and in light liquid service
shall be monitored pursuant to Sec. 65.108(b).
(iv) Agitators in gas/vapor service and in light liquid service
shall be monitored pursuant to Sec. 65.109(b).
(v) Pressure relief devices in gas/vapor service shall be monitored
pursuant to Sec. 65.111(b) and (c).
(vi) Compressors designated to operate with an instrument reading
less than 500 parts per million as described in Sec. 65.103(e) shall be
monitored pursuant to Sec. 65.112(f).
(2) Sensory monitoring for leaks. (i) Pumps in light liquid service
shall be observed pursuant to Sec. 65.107(b)(4) and (e)(1)(v).
(ii) Agitators in gas/vapor service and in light liquid service
shall be observed pursuant to Sec. 65.109(b)(3) or (e)(1)(v).
(b) Instrument monitoring methods. Instrument monitoring as
required under this subpart shall comply with the requirements
specified in paragraphs (b)(1) through (6) of this section.
(1) Monitoring method. Monitoring shall comply with Method 21 of
appendix A of 40 CFR part 60, except as otherwise provided in this
section.
(2) Detection instrument performance criteria. (i) Except as
provided for in paragraph (b)(2)(ii) of this section, the detection
instrument shall meet the performance criteria of Method 21 of appendix
A of 40 CFR part 60, except the instrument response factor criteria in
section 3.1.2(a) of Method 21 shall be for the representative
composition of the process fluid not each individual organic compound
in the stream. For process streams that contain nitrogen, air, water,
or other inerts that are not organic hazardous air pollutants or
volatile organic compounds, the response factor shall be determined on
an inert-free basis. The response factor may be determined at any
concentration for which monitoring for leaks will be conducted.
Maintain the record specified by Sec. 65.119(b)(8).
(ii) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (b)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid calculated on an
inert-free basis as described in paragraph (b)(2)(i) of this section.
(3) Detection instrument calibration procedure. The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of appendix A of 40 CFR part 60.
(4) Detection instrument calibration gas. Calibration gases shall
be zero air (less than 10 parts per million of hydrocarbon in air) and
the gases specified in paragraph (b)(4)(i) of this section except as
provided in paragraph (b)(4)(ii) of this section.
(i) Mixtures of methane in air at a concentration no more than
2,000 parts per million greater than the leak definition concentration
of the equipment monitored. If the monitoring instrument's design
allows for multiple calibration scales, then the lower scale shall be
calibrated with a calibration gas that is no higher than 2,000 parts
per million above the concentration specified as a leak, and the
highest scale shall be calibrated with a calibration gas that is
approximately equal to 10,000 parts per million. If only one scale on
an instrument will be used during monitoring, the owner or operator
need not calibrate the scales that will not be used during that day's
monitoring.
(ii) A calibration gas other than methane in air may be used if the
instrument does not respond to methane or if the instrument does not
meet the performance criteria specified in paragraph (b)(2)(i) of this
section. In such cases, the calibration gas may be a mixture of one or
more of the compounds to be measured in air.
(5) Monitoring performance. Monitoring shall be performed when the
equipment is in regulated material service or is in use with any other
detectable material.
(6) Monitoring data. Monitoring data obtained prior to the
regulated source becoming subject to the referencing subpart that do
not meet the criteria specified in paragraphs (b)(1) through (5) of
this section may still be used to qualify initially for less frequent
monitoring under the provisions in Sec. 65.106(a)(2), (b)(3), or (b)(4)
for valves or Sec. 65.108(b)(3) for connectors, provided the departures
from the criteria or from the specified monitoring frequency of
Sec. 65.106(b)(3) or (4) are minor and do not significantly affect the
quality of the data. Examples of minor departures are monitoring at a
slightly different frequency (such as every 6 weeks instead of monthly
or quarterly), following the performance criteria of section 3.1.2(a)
of Method 21 of appendix A of 40 CFR part 60 instead of paragraph
(b)(2) of this section, or monitoring using a different leak definition
if the data would indicate the presence or absence of a leak at the
concentration specified in this subpart. Failure to use a calibrated
instrument is not considered a minor departure.
(c) Instrument monitoring readings and background adjustments. The
owner or operator may elect to adjust or not to adjust the instrument
readings for background. If an owner or operator elects not to adjust
instrument readings for background, the owner or operator shall monitor
the equipment according to the procedures specified in paragraphs
(b)(1) through (5) of this section. In such cases, all instrument
readings shall be compared directly to the applicable leak definition
for the monitored equipment to determine whether there is a leak or to
determine compliance with Sec. 65.111(b) (pressure relief devices) or
Sec. 65.112(f) (alternative compressor standard). If an owner or
operator elects to adjust instrument readings for background, the owner
or
[[Page 78319]]
operator shall monitor the equipment according to the following
procedures:
(1) The requirements of paragraphs (b)(1) through (5) of this
section shall apply.
(2) The background level shall be determined using the procedures
in Method 21 of appendix A of 40 CFR part 60.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of appendix A of 40 CFR part 60.
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
to the applicable leak definition for the monitored equipment to
determine whether there is a leak or to determine compliance with
Sec. 65.111(b) (pressure relief devices) or Sec. 65.112(f) (alternative
compressor standard).
(d) Sensory monitoring methods. Sensory monitoring consists of
visual, audible, olfactory, or any other detection method used to
determine a potential leak to the atmosphere.
(e) Leaking equipment identification and records. (1) When each
leak is detected, a weatherproof and readily visible identification
shall be attached to the leaking equipment.
(2) When each leak is detected, the information specified in
paragraphs (e)(2)(i) and (ii) of this section shall be recorded and
kept pursuant to Sec. 65.4(a), except the information for valves
complying with the 2-year monitoring period allowed under
Sec. 65.106(b)(3)(v), and connectors complying with the 8-year
monitoring period allowed under Sec. 65.108(b)(3)(iii) shall be kept 5
years beyond the date of the last use of the information to set a
monitoring period.
(i) The instrument, the equipment identification, and the
instrument operator's name, initials, or identification number if a
leak is detected or confirmed by instrument monitoring.
(ii) The date the leak was detected.
Sec. 65.105 Leak repair.
(a) Leak repair schedule. The owner or operator shall repair each
leak detected as soon as practical but not later than 15 calendar days
after it is detected except as provided in paragraph (d) or (e) of this
section. A first attempt at repair as defined in subpart A of this part
shall be made no later than 5 calendar days after the leak is detected.
First attempt at repair for pumps includes, but is not limited to,
tightening the packing gland nuts and/or ensuring that the seal flush
is operating at design pressure and temperature. First attempt at
repair for valves includes, but is not limited to, tightening the
bonnet bolts, and/or replacing the bonnet bolts, and/or tightening the
packing gland nuts, and/or injecting lubricant into the lubricated
packing.
(b) [Reserved]
(c) Leak identification removal. (1) Valves and connectors. The
leak identification on a valve in gas/vapor or light liquid service may
be removed after it has been monitored as specified in
Sec. 65.106(d)(2) and no leak has been detected during that monitoring.
The leak identification on a connector in gas/vapor or light liquid
service may be removed after it has been monitored as specified in
Sec. 65.108(b)(3)(iv) and no leak has been detected during that
monitoring.
(2) Other equipment. The identification that has been placed
pursuant to Sec. 65.104(e)(1) on equipment determined to have a leak,
except for a valve or for a connector that is subject to the provisions
of Sec. 65.108(b)(3)(iv), may be removed after it is repaired.
(d) Delay of repair. Delay of repair is allowed for any of the
conditions specified in paragraphs (d)(1) through (5) of this section.
The owner or operator shall maintain a record of the facts that explain
any delay of repairs and, where appropriate, why repair within 15 days
was technically infeasible without a process unit shutdown.
(1) Delay of repair of equipment for which leaks have been detected
is allowed if repair within 15 days after a leak is detected is
technically infeasible without a process unit shutdown. Repair of this
equipment shall occur as soon as practical, but no later than the end
of the next process unit shutdown, except as provided in paragraph
(d)(5) of this section.
(2) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that
does not remain in regulated material service.
(3) Delay of repair for valves, connectors, and agitators is also
allowed if the following provisions are met:
(i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair; and
(ii) When repair procedures are effected, the purged material is
collected and routed to a process or fuel gas system or is collected
and destroyed or recovered in a control device complying with
Sec. 65.115.
(4) Delay of repair for pumps is also allowed if the provisions of
paragraphs (d)(4)(i) and (ii) of this section are met.
(i) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined under the provisions
of Sec. 65.116(d) will provide better performance or one of the
following specifications are met:
(A) A dual mechanical seal system that meets the requirements of
Sec. 65.107(e)(1) will be installed;
(B) A pump that meets the requirements of Sec. 65.107(e)(2) will be
installed; or
(C) A system that routes emissions to a process or a fuel gas
system or a closed vent system and control device that meets the
requirements of Sec. 65.107(e)(3) will be installed.
(ii) Repair is completed as soon as practical but not later than 6
months after the leak was detected.
(5) Delay of repair beyond a process unit shutdown will be allowed
for a valve if valve assembly replacement is necessary during the
process unit shutdown, and valve assembly supplies have been depleted,
and valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the second process unit
shutdown will not be allowed unless the third process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
(e) Unsafe-to-repair: Connectors. Any connector that is designated
as described in Sec. 65.103(d) as an unsafe-to-repair connector is
exempt from the requirements of Sec. 65.108(d) and paragraph (a) of
this section if the provisions of Sec. 65.103(d) are met.
(f) Leak repair records. For each leak detected, the information
specified in paragraphs (f)(1) through (5) of this section shall be
recorded and kept pursuant to Sec. 65.4(a).
(1) The date of first attempt to repair the leak.
(2) The date of successful repair of the leak.
(3) Maximum instrument reading measured by Method 21 of appendix A
of 40 CFR part 60 at the time the leak is successfully repaired or
determined to be nonrepairable.
(4) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak as
specified in the paragraphs (f)(4)(i) and (ii) of this section.
(i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup/
[[Page 78320]]
shutdown/malfunction plan required by Sec. 65.6 for the source or may
be part of a separate document that is maintained at the plant site. In
such cases, reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
(ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked onsite before depletion and the reason for depletion.
(5) Dates of process unit shutdowns that occur while the equipment
is unrepaired.
Sec. 65.106 Standards: Valves in gas/vapor service and in light liquid
service.
(a) Compliance schedule. (1) The owner or operator shall comply
with this section no later than the implementation date specified in
Sec. 65.1(f).
(2) The use of monitoring data generated before the regulated
source became subject to the referencing subpart to qualify initially
for less frequent monitoring is governed by the provisions of
Sec. 65.104(b)(6).
(b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or
paragraph (e) of this section, the owner or operator shall monitor all
valves at the intervals specified in paragraphs (b)(3) and/or (b)(4) of
this section and shall comply with all other provisions of this
section.
(1) Monitoring method. The valves shall be monitored to detect
leaks by the method specified in Sec. 65.104(b) and (c).
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 500 parts per million or greater.
(3) Monitoring frequency. The owner or operator shall monitor
valves for leaks at the intervals specified in paragraphs (b)(3)(i)
through (v) of this section and shall keep the record specified in
paragraph (b)(3)(vi) of this section.
(i) If at least the greater of two valves or 2 percent of the
valves in a process unit leak, as calculated according to paragraph (c)
of this section, the owner or operator shall monitor each valve once
per month.
(ii) At process units with less than the greater of two leaking
valves or 2 percent leaking valves, the owner or operator shall monitor
each valve once each quarter except as provided in paragraphs
(b)(3)(iii) through (v) of this section. Monitoring data generated
before the regulated source became subject to the referencing subpart
and meeting the criteria of either Sec. 65.104(b)(1) through (5) or
Sec. 65.104(b)(6) may be used to qualify initially for less frequent
monitoring under paragraphs (b)(3)(iii) through (v) of this section.
(iii) At process units with less than 1 percent leaking valves, the
owner or operator may elect to monitor each valve once every 2
quarters.
(iv) At process units with less than 0.5 percent leaking valves,
the owner or operator may elect to monitor each valve once every 4
quarters.
(v) At process units with less than 0.25 percent leaking valves,
the owner or operator may elect to monitor each valve once every 2
years.
(vi) The owner or operator shall keep a record of the monitoring
schedule for each process unit.
(4) Valve subgrouping. For a process unit or a group of process
units to which this subpart applies, an owner or operator may choose to
subdivide the valves in the applicable process unit or group of process
units and apply the provisions of paragraph (b)(3) of this section to
each subgroup. If the owner or operator elects to subdivide the valves
in the applicable process unit or group of process units, then the
provisions of paragraphs (b)(4)(i) through (viii) of this section
apply.
(i) The overall performance of total valves in the applicable
process unit or group of process units to be subdivided shall be less
than 2 percent leaking valves, as detected according to paragraphs
(b)(1) and (2) of this section and as calculated according to
paragraphs (c)(1)(ii) and (c)(2) of this section.
(ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the following provisions:
(A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than 1 year of monitoring data or
valves not monitored within the last 12 months must be placed initially
into the most frequently monitored subgroup until at least 1 year of
monitoring data have been obtained.
(B) Any valve or group of valves can be reassigned from a less
frequently monitored subgroup to a more frequently monitored subgroup
provided that the valves to be reassigned were monitored during the
most recent monitoring period for the less frequently monitored
subgroup. The monitoring results must be included with that less
frequently monitored subgroup's associated percent leaking valves
calculation for that monitoring event.
(C) Any valve or group of valves can be reassigned from a more
frequently monitored subgroup to a less frequently monitored subgroup
provided that the valves to be reassigned have not leaked for the
period of the less frequently monitored subgroup (for example, for the
last 12 months, if the valve or group of valves is to be reassigned to
a subgroup being monitored annually). Nonrepairable valves may not be
reassigned to a less frequently monitored subgroup.
(iii) The owner or operator shall determine every 6 months if the
overall performance of total valves in the applicable process unit or
group of process units is less than 2 percent leaking valves and so
indicate the performance in the next periodic report. If the overall
performance of total valves in the applicable process unit or group of
process units is 2 percent leaking valves or greater, the owner or
operator shall no longer subgroup and shall revert to the program
required in paragraphs (b)(1) through (3) of this section for that
applicable process unit or group of process units. An owner or operator
can again elect to comply with the valve subgrouping procedures of
paragraph (b)(4) of this section if future overall performance of total
valves in the process unit or group of process units is again less than
2 percent. The overall performance of total valves in the applicable
process unit or group of process units shall be calculated as a
weighted average of the percent leaking valves of each subgroup
according to Equation 106-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.005
Where:
%VLO = Overall performance of total valves in the applicable
process unit or group of process units.
%VLi = Percent leaking valves in subgroup i, most recent
value calculated according to the procedures in paragraphs (c)(1)(ii)
and (c)(2) of this section.
Vi = Number of valves in subgroup i.
n = Number of subgroups.
(iv) The owner or operator shall maintain the following records:
(A) Which valves are assigned to each subgroup;
(B) Monitoring results and calculations made for each subgroup for
each monitoring period;
(C) Which valves are reassigned, the last monitoring result prior
to reassignment, and when they were reassigned; and
(D) The results of the semiannual overall performance calculation
[[Page 78321]]
required in paragraph (b)(4)(iii) of this section.
(v) The owner or operator shall notify the Administrator no later
than 30 days prior to the beginning of the next monitoring period of
the decision to begin or end subgrouping valves. The notification shall
identify the participating process units and the number of valves
assigned to each subgroup, if applicable. The notification may be
included in a periodic report if the periodic report is submitted no
later than 30 days prior to the beginning of the next monitoring
period.
(vi) The owner or operator shall submit in the periodic reports the
following information:
(A) Total number of valves in each subgroup; and
(B) Results of the semiannual overall performance calculation
required by paragraph (b)(4)(iii) of this section.
(vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (c)(2) of this section shall be
used.
(viii) Except for the overall performance calculations required by
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be
treated as if it were a separate process unit for the purposes of
applying the provisions of this section.
(c) Percent leaking valves calculation--(1) Calculation basis and
procedures. (i) The owner or operator shall decide no later than the
implementation date of this part or upon revision of an operating
permit whether to calculate percent leaking valves on a process unit or
group of process units basis. Once the owner or operator has decided,
all subsequent percentage calculations shall be made on the same basis,
and this shall be the basis used for comparison with the subgrouping
criteria specified in paragraph (b)(4)(i) of this section.
(ii) The percent leaking valves for each monitoring period for each
process unit or valve subgroup, as provided in paragraph (b)(4) of this
section, shall be calculated using Equation 106-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.020
Where:
%VL = Percent leaking valves.
VL = Number of valves found leaking, including those valves
found leaking pursuant to paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B)
of this section and excluding nonrepairable valves as provided in
paragraph (c)(3) of this section.
VT = The sum of the total number of valves monitored.
(2) Calculation for monitoring frequency. When determining
monitoring frequency for each process unit or valve subgroup subject to
monthly, quarterly, or semiannual monitoring frequencies, the percent
leaking valves shall be the arithmetic average of the percent leaking
valves from the last two monitoring periods. When determining
monitoring frequency for each process unit or valve subgroup subject to
annual or biennial (once every 2 years) monitoring frequencies, the
percent leaking valves shall be the arithmetic average of the percent
leaking valves from the last three monitoring periods.
(3) Nonrepairable valves. (i) Nonrepairable valves shall be
included in the calculation of percent leaking valves the first time
the valve is identified as leaking and nonrepairable and as required to
comply with paragraph (c)(3)(ii) of this section. Otherwise, a number
of nonrepairable valves (identified and included in the percent leaking
valves calculation in a previous period) up to a maximum of 1 percent
of the total number of valves in regulated material service at a
process unit may be excluded from calculation of percent leaking valves
for subsequent monitoring periods.
(ii) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in regulated material service at a process unit,
the number of nonrepairable valves exceeding 1 percent of the total
number of valves in regulated material service shall be included in the
calculation of percent leaking valves.
(d) Leak repair. (1) If a leak is determined pursuant to paragraph
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired
using the procedures in Sec. 65.105, as applicable.
(2) After a leak determined under paragraph (b) or (e)(2) of this
section has been repaired, the valve shall be monitored at least once
within the first 3 months after its repair. The monitoring required by
paragraph (d) of this section is in addition to the monitoring required
to satisfy the definition of repair.
(i) The monitoring shall be conducted as specified in
Sec. 65.104(b) and (c), as appropriate, to determine whether the valve
has resumed leaking.
(ii) Periodic monitoring required by paragraph (b) of this section
may be used to satisfy the requirements of paragraph (d) of this
section if the timing of the monitoring period coincides with the time
specified in paragraph (d) of this section. Alternatively, other
monitoring may be performed to satisfy the requirements of paragraph
(d) of this section regardless of whether the timing of the monitoring
period for periodic monitoring coincides with the time specified in
paragraph (d) of this section.
(iii) If a leak is detected by monitoring that is conducted under
paragraph (d)(2) of this section, the owner or operator shall comply
with the following provisions to determine whether that valve must be
counted as a leaking valve for purposes of paragraph (c)(1)(ii) of this
section:
(A) If the owner or operator elected to use periodic monitoring
required by paragraph (b) of this section to satisfy the requirements
of paragraph (d)(2) of this section, then the valve shall be counted as
a leaking valve.
(B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraph (b) of this section,
to satisfy the requirements of paragraph (d)(2) of this section, then
the valve shall be counted as a leaking valve unless it is repaired and
shown by periodic monitoring not to be leaking.
(e) Special provisions for valves--(1) Unsafe-to-monitor valves.
Any valve that is designated as described in Sec. 65.103(c)(1) as an
unsafe-to-monitor valve is exempt from the requirements of paragraph
(b) and (d)(2) of this section, and the owner or operator shall monitor
the valve according to the written plan specified in Sec. 65.103(c)(4).
(2) Difficult-to-monitor valves. Any valve that is designated as
described in Sec. 65.103(c)(2) as a difficult-to-monitor valve is
exempt from the requirements of paragraph (b) of this section, and the
owner or operator shall monitor the valve according to the written plan
specified in Sec. 65.103(c)(4).
(3) Less than 250 valves. Any equipment located at a plant site
with fewer than 250 valves in regulated material service is exempt from
the requirements for monthly monitoring specified in paragraph
(b)(3)(i) of this section. Instead, the owner or operator shall monitor
each valve in regulated material service for leaks once each quarter or
comply with paragraph (b)(3)(iii), (iv), or (v) of this section except
as provided in paragraphs (e)(1) and (2) of this section.
Sec. 65.107 Standards: Pumps in light liquid service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or
paragraph (e) of this section, the owner or operator
[[Page 78322]]
shall monitor each pump to detect leaks and shall comply with all other
provisions of this section.
(1) Monitoring method. The pumps shall be monitored monthly to
detect leaks by the method specified in Sec. 65.104(b) and (c).
(2) Instrument reading that defines a leak. The following leak
definitions determined through instrument readings apply:
(i) 5,000 parts per million or greater for pumps handling
polymerizing monomers;
(ii) 2,000 parts per million or greater for pumps in food/medical
service; and
(iii) 1,000 parts per million or greater for all other pumps.
(3) Leak repair exception. For pumps to which a 1,000 parts per
million leak definition applies, repair is not required unless an
instrument reading of 2,000 parts per million or greater is detected.
(4) Visual inspection. Each pump shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal. The owner or operator shall document that the inspection
was conducted and the date of the inspection. If there are indications
of liquids dripping from the pump seal at the time of the weekly
inspection, the owner or operator shall comply with either of the
following procedures:
(i) The owner or operator shall monitor the pump as specified in
Sec. 65.104(b) and (c) unless the pump has already been monitored since
the last routine monthly monitoring required by paragraph (b)(1) of
this section. If monitoring is performed and the instrument reading
indicates a leak as specified in paragraph (b)(2) of this section, a
leak is detected and the leak shall be repaired using the procedures in
Sec. 65.105, except as specified in paragraph (b)(3) of this section;
or
(ii) The owner or operator shall eliminate the visual indications
of liquids dripping.
(c) Percent leaking pumps calculation. (1) The owner or operator
shall decide no later than the implementation date of this part or upon
revision of an operating permit whether to calculate percent leaking
pumps on a process unit basis or group of process units basis. Once the
owner or operator has decided, all subsequent percentage calculations
shall be made on the same basis.
(2) If, when calculated on a 6-month rolling average, at least the
greater of either 10 percent of the pumps in a process unit or three
pumps in a process unit leak, the owner or operator shall implement a
quality improvement program for pumps that complies with the
requirements of Sec. 65.116.
(3) The number of pumps at a process unit shall be the sum of all
the pumps in regulated material service, except that pumps found
leaking in a continuous process unit within 1 month after startup of
the pump shall not count in the percent leaking pumps calculation for
that one monitoring period only.
(4) Percent leaking pumps shall be determined by Equation 107-1 of
this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.021
Where:
%PL = Percent leaking pumps.
PL = Number of pumps found leaking as determined through
monthly monitoring as required in paragraph (b)(1) of this section.
PS = Number of pumps leaking within 1 month of startup
during the current monitoring period.
PT = Total pumps in regulated material service, including
those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and
(e)(6) of this section.
(d) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 65.105, as applicable.
(e) Special provisions for pumps.--(1) Dual mechanical seal pumps.
Each pump equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b)
of this section, provided the requirements specified in paragraphs
(e)(1)(i) through (viii) of this section are met.
(i) The owner or operator determines, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates
failure of the seal system, the barrier fluid system, or both. The
owner or operator shall keep records of the design criteria and an
explanation of the design criteria, and any changes to these criteria
and the reasons for the changes.
(ii) Each dual mechanical seal system shall meet the following
three requirements:
(A) Operated with the barrier fluid at a pressure that is at all
times (except periods of start-up, shutdown, or malfunction) greater
than the pump stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of
Sec. 65.115; or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(iii) The barrier fluid is not in light liquid service.
(iv) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(v) Each pump is checked by visual inspection each calendar week
for indications of liquids dripping from the pump seal. The owner or
operator shall document that the inspection was conducted and the date
of the inspection. If there are indications of liquids dripping from
the pump seal at the time of the weekly inspection, the owner or
operator shall follow either one of the following procedures prior to
the next required inspection:
(A) The owner or operator shall monitor the pump as specified in
Sec. 65.104(b) and (c) to determine if there is a leak of regulated
material in the barrier fluid. If an instrument reading of 1,000 parts
per million or greater is measured, a leak is detected and it shall be
repaired using the procedures in Sec. 65.105; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(vi) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(1)(i) of this section, or if
based on the criteria established in paragraph (e)(1)(i) of this
section the sensor indicates failure of the seal system, the barrier
fluid system, or both, a leak is detected.
(vii) Each sensor as described in paragraph (e)(1)(iv) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
(viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of
this section, it shall be repaired as specified in Sec. 65.105.
(2) No external shaft. Any pump that is designed with no externally
actuated shaft penetrating the pump housing is exempt from the
requirements of paragraph (b) of this section.
[[Page 78323]]
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any pump that is routed to a process or fuel gas
system or equipped with a closed vent system that captures and
transports leakage from the pump to a control device meeting the
requirements of Sec. 65.115 is exempt from the requirements of
paragraph (b) of this section.
(4) Unmanned plant site. Any pump that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this
section and the daily requirements of paragraph (e)(1)(vii) of this
section provided that each pump is visually inspected as often as
practical and at least monthly.
(5) Ninety percent exemption. If more than 90 percent of the pumps
at a process unit meet the criteria in either paragraph (e)(1) or (2)
of this section, the process unit is exempt from the percent leaking
calculation in paragraph (c) of this section.
(6) Unsafe-to-monitor pumps. Any pump that is designated as
described in Sec. 65.103(c)(1) as an unsafe-to-monitor pump is exempt
from the requirements of paragraph (b) of this section, the monitoring
and inspection requirements of paragraphs (e)(1)(v) through (viii) of
this section, and the owner or operator shall monitor and repair the
pump according to the written plan specified in Sec. 65.103(c)(4).
Sec. 65.108 Standards: Connectors in gas/vapor service and in light
liquid service.
(a) Compliance schedule. Except as allowed in Sec. 65.102(b) or as
specified in paragraph (e) of this section, the owner or operator shall
monitor all connectors in each process unit initially for leaks by
either 12 months after the implementation date as specified in
Sec. 65.1(f) or 12 months after initial startup, whichever is later. If
all connectors in each process unit have been monitored for leaks prior
to the implementation date specified in Sec. 65.1(f), no initial
monitoring is required provided either no process changes have been
made since the monitoring or the owner or operator can determine that
the results of the monitoring, with or without adjustments, reliably
demonstrate compliance despite process changes. If required to monitor
because of a process change, the owner or operator is required to
monitor only those connectors involved in the process change.
(b) Leak detection. Except as allowed in Sec. 65.102(b) or as
specified in paragraph (e) of this section, the owner or operator shall
monitor all connectors in gas/vapor and light liquid service as
specified in paragraphs (a) and (b)(3) of this section.
(1) Monitoring method. The connectors shall be monitored to detect
leaks by the method specified in Sec. 65.104(b) and (c).
(2) Instrument reading that defines a leak. If an instrument
reading greater than or equal to 500 parts per million is measured, a
leak is detected.
(3) Monitoring periods. The owner or operator shall perform
monitoring, subsequent to the initial monitoring required in paragraph
(a) of this section, as specified in paragraphs (b)(3)(i) through (iii)
of this section, and shall comply with the requirements of paragraphs
(b)(3)(iv) and (v) of this section. The required period in which
monitoring must be conducted shall be determined from paragraphs
(b)(3)(i) through (iii) of this section using the monitoring results
from the preceding monitoring period. The percent leaking connectors
shall be calculated as specified in paragraph (c) of this subpart.
(i) If the percent leaking connectors in the process unit was
greater than or equal to 0.5 percent, then monitor within 12 months (1
year).
(ii) If the percent leaking connectors in the process unit was
greater than or equal to 0.25 percent but less than 0.5 percent, then
monitor within 4 years. An owner or operator may comply with the
requirements of paragraph (b)(3)(ii) of this section by monitoring at
least 40 percent of the connectors within 2 years of the start of the
monitoring period, provided all connectors have been monitored by the
end of the 4-year monitoring period.
(iii) If the percent leaking connectors in the process unit was
less than 0.25 percent, then monitor as provided in paragraph
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or
(C) of this section, as appropriate.
(A) An owner or operator shall monitor at least 50 percent of the
connectors within 4 years of the start of the monitoring period.
(B) If the percent leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is
greater than or equal to 0.35 percent of the monitored connectors, the
owner or operator shall monitor as soon as practical, but within the
next 6 months, all connectors that have not yet been monitored during
the monitoring period. At the conclusion of monitoring, a new
monitoring period shall be started pursuant to paragraph (b)(3) of this
section, based on the percent leaking connectors of the total monitored
connectors.
(C) If the percent leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is less
than 0.35 percent of the monitored connectors, the owner or operator
shall monitor all connectors that have not yet been monitored within 8
years of the start of the monitoring period.
(iv) If, during the monitoring conducted pursuant to paragraphs
(b)(3)(i) through (iii) of this section, a connector is found to be
leaking, it shall be re-monitored once within 90 days after repair to
confirm that it is not leaking.
(v) The owner or operator shall keep a record of the start date and
end date of each monitoring period under this section for each process
unit.
(c) Percent leaking connectors calculation. For use in determining
the monitoring frequency as specified in paragraphs (a) and (b)(3) of
this section, the percent leaking connectors as used in paragraphs (a)
and (b)(3) of this section shall be calculated by using Equation 108-1
of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.006
Where:
%CL = Percent leaking connectors as determined through
periodic monitoring required in paragraphs (a) and (b)(3)(i) through
(b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million
or greater by the method specified in Sec. 65.104(b).
Ct = Total number of monitored connectors in the process
unit.
(d) Leak repair. If a leak is detected pursuant to paragraphs (a)
and (b) of this section, then the leak shall be repaired using the
procedures in Sec. 65.105, as applicable.
(e) Special provisions for connectors.--(1) Unsafe-to-monitor
connectors. Any connector that is designated, as described in
Sec. 65.103(c)(1), as an unsafe-to-monitor connector is exempt from the
requirements of paragraphs (a) and (b) of this section and the owner or
operator shall monitor according to the written plan specified in
Sec. 65.103(c)(4).
(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any
connector that is inaccessible or that is ceramic or ceramic-lined (for
example, porcelain, glass, or glass-lined), is exempt from the
monitoring requirements of paragraphs (a) and (b) of this section and
from the recordkeeping and reporting requirements of Secs. 65.119 and
65.120. An inaccessible connector is one that
[[Page 78324]]
meets any of the following provisions, as applicable:
(A) Buried;
(B) Insulated in a manner that prevents access to the connector by
a monitor probe;
(C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
(D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters
(25 feet) above the ground;
(E) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold;
(F) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines or would risk damage to equipment.
(ii) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the visual, audible, olfactory, or other indications of a leak to the
atmosphere shall be eliminated as soon as practical.
(3) Connectors referenced from 40 CFR part 60, subpart VV or 40 CFR
part 61, subpart V. For sources referenced to this part from 40 CFR
part 61, subpart VV, or from 40 CFR part 61, subpart V, connectors are
exempt from the requirements of paragraphs (a) through (d) of this
section and the owner or operator shall comply with the following
paragraphs:
(i) Connectors shall be monitored within 5 days by the method
specified in Sec. 65.104(b) and (c) if evidence of a potential leak is
found by visual, audible, olfactory, or any other detection method.
(ii) If an instrument reading of 500 parts per million or greater
is measured, a leak is detected.
(iii) When a leak is detected, it shall be repaired using the
procedures in Sec. 65.105, as applicable.
Sec. 65.109 Standards: Agitators in gas/vapor service and in light
liquid service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Leak detection. (1) Monitoring method. Each agitator seal shall
be monitored monthly to detect leaks by the methods specified in
Sec. 65.104(b) and (c), except as provided in Sec. 65.102(b) or
paragraph (e) of this section.
(2) Instrument reading that defines a leak. If an instrument
reading of 10,000 parts per million or greater is measured, a leak is
detected.
(3) Visual inspection. Each agitator seal shall be checked by
visual inspection each calendar week for indications of liquids
dripping from the agitator seal. The owner or operator shall document
that the inspection was conducted and the date of the inspection. If
there are indications of liquids dripping from the agitator seal, the
owner or operator shall comply with either of the following procedures
prior to the next required inspection:
(i) The owner or operator shall monitor the agitator seal as
specified in Sec. 65.104(b) and (c) to determine if there is a leak of
regulated material. If an instrument reading of 10,000 parts per
million or greater is measured, a leak is detected, and it shall be
repaired according to paragraph (d) of this section.
(ii) The owner or operator shall eliminate the indications of
liquids dripping from the agitator seal.
(c) [Reserved]
(d) Leak repair. If a leak is detected, then the leak shall be
repaired using the procedures in Sec. 65.105(a).
(e) Special provisions for agitators. (1) Dual mechanical seal.
Each agitator equipped with a dual mechanical seal system that includes
a barrier fluid system is exempt from the requirements of paragraph (b)
of this section provided the requirements specified in paragraphs
(e)(1)(i) through (vi) of this section are met.
(i) Each dual mechanical seal system shall meet any one of the
following requirements:
(A) Operated with the barrier fluid at a pressure that is at all
times (except during periods of startup, shutdown, or malfunction)
greater than the agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system, or connected by a closed vent
system to a control device that meets the requirements of Sec. 65.115;
or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(ii) The barrier fluid is not in light liquid service.
(iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(iv) Each agitator seal is checked by visual inspection each
calendar week for indications of liquids dripping from the agitator
seal. If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the owner or operator shall
follow either of the following procedures prior to the next required
inspection:
(A) The owner or operator shall monitor the agitator seal as
specified in Sec. 65.104(b) and (c) to determine the presence of
regulated material in the barrier fluid. If an instrument reading of
10,000 parts per million or greater is measured, a leak is detected and
it shall be repaired using the procedures in Sec. 65.105; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (e)(1)(iii) of this
section is observed daily or is equipped with an alarm unless the
agitator seal is located within the boundary of an unmanned plant site.
(vi) The owner or operator of each dual mechanical seal system
shall meet the following requirements:
(A) The owner or operator shall determine based on design
considerations and operating experience criteria that indicates failure
of the seal system, the barrier fluid system, or both and that are
applicable to the presence and frequency of drips. If indications of
liquids dripping from the agitator seal exceed the criteria, or if
based on the criteria the sensor indicates failure of the seal system,
the barrier fluid system, or both, a leak is detected and shall be
repaired pursuant to Sec. 65.105, as applicable.
(B) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria, and any changes to these
criteria and the reasons for the changes.
(2) No external shaft. Any agitator that is designed with no
externally actuated shaft penetrating the agitator housing is exempt
from paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any agitator that is routed to a process or fuel
gas system or equipped with a closed vent system that captures and
transports leakage from the agitator to a control device meeting the
requirements of Sec. 65.115 is exempt from the requirements of
paragraph (b) of this section.
(4) Unmanned plant site. Any agitator that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this
section, and the daily requirements of paragraph (e)(1)(v) of
[[Page 78325]]
this section provided that each agitator is visually inspected as often
as practical and at least monthly.
(5) Difficult-to-monitor agitator seals. Any agitator seal that is
designated as described in Sec. 65.103(c)(2) as a difficult-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator shall monitor the agitator seal
according to the written plan specified in Sec. 65.103(c)(4).
(6) Equipment obstructions. Any agitator seal that is obstructed by
equipment or piping that prevents access to the agitator by a monitor
probe is exempt from the monitoring requirements of paragraph (b) of
this section.
(7) Unsafe-to-monitor agitator seals. Any agitator seal that is
designated as described in Sec. 65.103(c)(1) as an unsafe-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator of the agitator seal monitors the
agitator seal according to the written plan specified in
Sec. 65.103(c)(4).
Sec. 65.110 Standards: Pumps, valves, connectors, and agitators in
heavy liquid service; pressure relief devices in liquid service; and
instrumentation systems.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Leak detection. Unless otherwise specified in Sec. 65.102(b),
the owner or operator shall comply with the following:
(1) Monitoring method. Pumps, valves, connectors, and agitators in
heavy liquid service; pressure relief devices in light liquid or heavy
liquid service; and instrumentation systems shall be monitored within 5
calendar days by the method specified in Sec. 65.104(b) and (c) if
evidence of a potential leak to the atmosphere is found by visual,
audible, olfactory, or any other detection method, unless the potential
leak is repaired as required in paragraph (c) of this section.
(2) Instrument reading that defines a leak. If an instrument
reading of 10,000 parts per million or greater for agitators, 5,000
parts per million or greater for pumps handling polymerizing monomers,
2,000 parts per million or greater for all other pumps (including pumps
in food/medical service), or 500 parts per million or greater for
valves, connectors, instrumentation systems, and pressure relief
devices is measured pursuant to paragraph (b)(1) of this section, a
leak is detected and it shall be repaired pursuant to Sec. 65.105, as
applicable.
(c) Leak repair. For equipment identified in paragraph (b) of this
section that is not monitored by the method specified in
Sec. 65.104(b), repaired shall mean that the visual, audible,
olfactory, or other indications of a leak to the atmosphere have been
eliminated; that no bubbles are observed at potential leak sites during
a leak check using soap solution; or that the system will hold a test
pressure.
Sec. 65.111 Standards: Pressure relief devices in gas/vapor service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Compliance standard. Except during pressure releases as
provided for in paragraph (c) of this section, each pressure relief
device in gas/vapor service shall be operated with an instrument
reading of less than 500 parts per million as measured by the method
specified in Sec. 65.104(b) and (c).
(c) Pressure relief requirements. (1) After each pressure release,
the pressure relief device shall be returned to a condition indicated
by an instrument reading of less than 500 parts per million, as soon as
practical, but no later than 5 calendar days after each pressure
release except as provided in Sec. 65.105(d).
(2) The pressure relief device shall be monitored no later than 5
calendar days after the pressure release and being returned to
regulated material service to confirm the condition indicated by an
instrument reading of less than 500 parts per million as measured by
the method specified in Sec. 65.104(b) and (c).
(3) The owner or operator shall record the dates and results of the
monitoring required by paragraph (c)(2) of this section following a
pressure release including maximum instrument reading measured during
the monitoring and the background level measured if the instrument
reading is adjusted for background.
(d) Pressure relief devices routed to a process or fuel gas system
or equipped with a closed vent system and control device. Any pressure
relief device that is routed to a process or fuel gas system or
equipped with a closed vent system capable of capturing and
transporting leakage from the pressure relief device to a control
device meeting the requirements of Sec. 65.115 is exempt from the
requirements of paragraphs (b) and (c) of this section.
(e) Rupture disk exemption. Any pressure relief device that is
equipped with a rupture disk upstream of the pressure relief device is
exempt from the requirements of paragraphs (b) and (c) of this section
provided the owner or operator installs a new rupture disk upstream of
the pressure relief device as soon as practical after each pressure
release, but no later than 5 calendar days after each pressure release
except as provided in Sec. 65.105(d).
Sec. 65.112 Standards: Compressors.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Seal system standard. Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents
leakage of process fluid to the atmosphere except as provided in
Sec. 65.102(b) and paragraphs (e) and (f) of this section. Each
compressor seal system shall meet any one of the following
requirements:
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure at all times (except during
periods of start-up, shutdown, or malfunction); or
(2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system, or connected by a closed
vent system to a control device that meets the requirements of
Sec. 65.115; or
(3) Equipped with a closed-loop system that purges the barrier
fluid directly into a process stream.
(c) Barrier fluid system. The barrier fluid shall not be in light
liquid service. Each barrier fluid system shall be equipped with a
sensor that will detect failure of the seal system, barrier fluid
system, or both. Each sensor shall be observed daily or shall be
equipped with an alarm unless the compressor is located within the
boundary of an unmanned plant site.
(d) Failure criterion and leak detection. (1) The owner or operator
shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the
barrier fluid system, or both. If the sensor indicates failure of the
seal system, the barrier fluid system, or both based on the criterion,
a leak is detected and shall be repaired pursuant to Sec. 65.105, as
applicable.
(2) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria, and any changes to these
criteria and the reasons for the changes.
(e) Routed to a process or fuel gas system or equipped with a
closed vent
[[Page 78326]]
system. A compressor is exempt from the requirements of paragraphs (b)
through (d) of this section if it is equipped with a system to capture
and transport leakage from the compressor drive shaft seal to a process
or a fuel gas system or to a closed vent system that captures and
transports leakage from the compressor to a control device meeting the
requirements of Sec. 65.115.
(f) Alternative compressor standard. (1) Any compressor that is
designated as described in Sec. 65.103(e) shall operate at all times
with an instrument reading of less than 500 parts per million. A
compressor so designated is exempt from the requirements of paragraphs
(b) through (d) of this section if the compressor is demonstrated
initially upon designation, annually, and at other times requested by
the Administrator to be operating with an instrument reading of less
than 500 parts per million as measured by the method specified in
Sec. 65.104(b) and (c).
(2) The owner or operator shall record the dates and results of
each compliance test including the background level measured and the
maximum instrument reading measured during each compliance test.
Sec. 65.113 Standards: Sampling connection systems.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Equipment requirement. Each sampling connection system shall be
equipped with a closed-purge, closed-loop, or closed vent system except
as provided in paragraph (d) of this section or Sec. 65.102(b). Gases
displaced during filling of the sample container are not required to be
collected or captured.
(c) Equipment design and operation. Each closed-purge, closed-loop,
or closed vent system as required in paragraph (b) of this section
shall meet the following applicable requirements:
(1) The system shall return the purged process fluid directly to a
process line or to a fuel gas system; or
(2) Collect and recycle the purged process fluid to a process; or
(3) Be designed and operated to capture and transport all the
purged process fluid to a control device that meets the requirements of
Sec. 65.115; or
(4) Collect, store, and transport the purged process fluid to any
of the following systems or facilities:
(i) A waste management unit as defined in 40 CFR 63.111, if the
waste management unit is complying with the provisions of 40 CFR part
63, subpart G, applicable to Group 1 wastewater streams. For sources
referenced to this part from 40 CFR part 63, subpart H, and if the
purged process fluid does not contain any organic HAP listed in table 9
of 40 CFR part 63, subpart G, the waste management unit need not be
subject to and operated in compliance with the requirements of 40 CFR
part 63, subpart G, applicable to Group 1 wastewater steams provided
the facility has a National Pollution Discharge Elimination System
(NPDES) permit or sends the wastewater to an NPDES-permitted facility;
or
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261; and
(5) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
(d) In-situ sampling systems. In-situ sampling systems and sampling
systems without purges are exempt from the requirements of paragraphs
(b) and (c) of this section.
Sec. 65.114 Standards: Open-ended valves or lines.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Equipment and operational requirements. (1) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve except as provided in Sec. 65.102(b) and paragraphs (c)
and (d) of this section. The cap, blind flange, plug, or second valve
shall seal the open end at all times except during operations requiring
process fluid flow through the open-ended valve or line, or during
maintenance. The operational provisions of paragraphs (b)(2) and (3) of
this section also apply.
(2) Each open-ended valve or line equipped with a second valve
shall be operated in a manner such that the valve on the process fluid
end is closed before the second valve is closed.
(3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting
the line between the block valves but shall comply with paragraph
(b)(1) of this section at all other times.
(c) Emergency shutdown exemption. Open-ended valves or lines in an
emergency shutdown system that are designed to open automatically in
the event of a process upset are exempt from the requirements of
paragraph (b) of this section.
(d) Polymerizing materials exemption. Open-ended valves or lines
containing materials that would autocatalytically polymerize or would
present an explosion, serious overpressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraph (b) of this section are exempt from the requirements of
paragraph (b) of this section.
Sec. 65.115 Standards: Closed vent systems and control devices; or
emissions routed to a fuel gas system or process.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Compliance standard. (1) Owners or operators of closed vent
systems and nonflare control devices used to comply with provisions of
this subpart shall design and operate the closed vent systems and
nonflare control devices to reduce emissions of regulated material with
an efficiency of 95 percent or greater, or to reduce emissions of
regulated material to a concentration of 20 parts per million by volume
or, for an enclosed combustion device, to provide a minimum residence
time of 0.50 second at a minimum of 760 deg.C (1400 deg.F). Owners
and operators of closed vent systems and nonflare control devices used
to comply with this part shall comply with the provisions of
Sec. 65.142(d), except as provided in Sec. 65.102(b). Note that this
includes the startup, shutdown, and malfunction plan specified in
Sec. 65.6.
(2) Owners or operators of closed vent systems and flares used to
comply with the provisions of this subpart shall design and operate the
flare as specified in Sec. 65.142(d), except as provided in
Sec. 65.102(b). Note that this includes the startup, shutdown, and
malfunction plan specified in Sec. 65.6.
(3) Owners or operators routing emissions from equipment leaks to a
fuel gas system or process shall comply with the provisions of
Sec. 65.142(d), except as provided in Sec. 65.102(b).
Sec. 65.116 Quality improvement program for pumps.
(a) Criteria. If, on a 6-month rolling average, at least the
greater of either 10 percent of the pumps in a process unit (or plant
site) or three pumps in a process unit (or plant site) leak, the owner
or operator shall comply with the following requirements:
(1) Pumps that are in food/medical service or in polymerizing
monomer
[[Page 78327]]
service shall comply with all requirements except for those specified
in paragraph (d)(8) of this section.
(2) Pumps that are not in food/medical or polymerizing monomer
service shall comply with all requirements of this section.
(b) Exiting the QIP. The owner or operator shall comply with the
requirements of this section until the number of leaking pumps is less
than the greater of either 10 percent of the pumps or three pumps
calculated as a 6-month rolling average in the process unit (or plant
site). Once the performance level is achieved, the owner or operator
shall comply with the requirements in Sec. 65.107.
(c) Resumption of QIP. If in a subsequent monitoring period, the
process unit (or plant site) has the greater of either 10 percent of
the pumps leaking or three pumps leaking (calculated as a 6-month
rolling average), the owner or operator shall resume the quality
improvement program starting at performance trials.
(d) QIP requirements. The quality improvement program shall meet
the requirements specified in paragraphs (d)(1) through (8) of this
section.
(1) The owner or operator shall comply with the requirements in
Sec. 65.107.
(2) Data collection. The owner or operator shall collect the data
specified in paragraphs (d)(2)(i) through (v) of this section and
maintain records for each pump in each process unit (or plant site)
subject to the quality improvement program. The data may be collected
and the records may be maintained on a process unit or plant site
basis.
(i) Pump type (for example, piston, horizontal or vertical
centrifugal, gear, bellows); pump manufacturer; seal type and
manufacturer; pump design (for example, external shaft, flanged body);
materials of construction; if applicable, barrier fluid or packing
material; and year installed.
(ii) Service characteristics of the stream such as discharge
pressure, temperature, flow rate, corrosivity, and annual operating
hours.
(iii) The maximum instrument readings observed in each monitoring
observation before repair, response factor for the stream if
appropriate, instrument model number, and date of the observation.
(iv) If a leak is detected, the repair methods used and the
instrument readings after repair.
(v) If the data will be analyzed as part of a larger analysis
program involving data from other plants or other types of process
units, a description of any maintenance or quality assurance programs
used in the process unit that are intended to improve emission
performance.
(3) The owner or operator shall continue to collect data on the
pumps as long as the process unit (or plant site) remains in the
quality improvement program.
(4) Pump or pump seal inspection. The owner or operator shall
inspect all pumps or pump seals that exhibited frequent seal failures
and were removed from the process unit due to leaks. The inspection
shall determine the probable cause of the pump seal failure or of the
pump leak and shall include recommendations, as appropriate, for design
changes or changes in specifications to reduce leak potential.
(5) Data analysis. (i) The owner or operator shall analyze the data
collected to comply with the requirements of paragraph (d)(2) of this
section to determine the services, operating or maintenance practices,
and pump or pump seal designs or technologies that have poorer than
average emission performance and those that have better than average
emission performance. The analysis shall determine if specific trouble
areas can be identified on the basis of service, operating conditions
or maintenance practices, equipment design, or other process-specific
factors.
(ii) The analysis shall also be used to determine if there are
superior performing pump or pump seal technologies that are applicable
to the service(s), operating conditions, or pump or pump seal designs
associated with poorer than average emission performance. A superior
performing pump or pump seal technology is one with a leak frequency of
less than 10 percent for specific applications in the process unit or
plant site. A candidate superior performing pump or pump seal
technology is one demonstrated or reported in the available literature
or through a group study as having low emission performance and as
being capable of achieving less than 10 percent leaking pumps in the
process unit (or plant site).
(iii) The analysis shall include consideration of the following
information:
(A) The data obtained from the inspections of pumps and pump seals
removed from the process unit due to leaks;
(B) Information from the available literature and from the
experience of other plant sites that will identify pump designs or
technologies and operating conditions associated with low emission
performance for specific services; and
(C) Information on limitations on the service conditions for the
pump seal technology operating conditions as well as information on
maintenance procedures to ensure continued low emission performance.
(iv) The data analysis may be conducted through an inter- or
intracompany program (or through some combination of the two
approaches) and may be for a single process unit, a plant site, a
company, or a group of process units.
(v) The first analysis of the data shall be completed no later than
18 months after the start of the quality improvement program. The first
analysis shall be performed using data collected for a minimum of 6
months. An analysis of the data shall be done each year the process
unit is in the quality improvement program.
(6) Trial evaluation program. A trial evaluation program shall be
conducted at each plant site for which the data analysis does not
identify use of superior performing pump seal technology or pumps that
can be applied to the areas identified as having poorer than average
performance except as provided in paragraph (d)(6)(v) of this section.
The trial program shall be used to evaluate the feasibility of using in
the process unit (or plant site) the pump designs or seal technologies,
and operating and maintenance practices that have been identified by
others as having low emission performance.
(i) The trial evaluation program shall include on-line trials of
pump seal technologies or pump designs and operating and maintenance
practices that have been identified in the available literature or in
analysis by others as having the ability to perform with leak rates
below 10 percent in similar services, as having low probability of
failure, or as having no external actuating mechanism in contact with
the process fluid. If any of the candidate superior performing pump
seal technologies or pumps is not included in the performance trials,
the reasons for rejecting specific technologies from consideration
shall be documented as required in paragraph (e)(3)(ii) of this
section.
(ii) The number of pump seal technologies or pumps in the trial
evaluation program shall be the lesser of 1 percent or two pumps for
programs involving single process units, and the lesser of 1 percent or
five pumps for programs involving a plant site or groups of process
units. The minimum number of pumps or pump seal technologies in a trial
program shall be one.
(iii) The trial evaluation program shall specify and include
documentation of the following information:
[[Page 78328]]
(A) The candidate superior performing pump seal designs or
technologies to be evaluated, the stages for evaluating the identified
candidate pump designs or pump seal technologies, including the time
period necessary to test the applicability;
(B) The frequency of monitoring or inspection of the equipment;
(C) The range of operating conditions over which the component will
be evaluated; and
(D) Conclusions regarding the emission performance and the
appropriate operating conditions and services for the trial pump seal
technologies or pumps.
(iv) The performance trials shall initially be conducted at least
for a 6-month period beginning not later than 18 months after the start
of the quality improvement program. No later than 24 months after the
start of the quality improvement program, the owner or operator shall
have identified pump seal technologies or pump designs that, combined
with appropriate process, operating, and maintenance practices, operate
with low emission performance for specific applications in the process
unit. The owner or operator shall continue to conduct performance
trials as long as no superior performing design or technology has been
identified, except as provided in paragraph (d)(6)(vi) of this section.
The initial list of superior emission performance pump designs or pump
seal technologies shall be amended in the future, as appropriate, as
additional information and experience are obtained.
(v) Any plant site with fewer than 400 valves and owned by a
corporation with fewer than 100 employees shall be exempt from trial
evaluations of pump seals or pump designs. Plant sites exempt from the
trial evaluations of pumps shall begin the pump seal or pump
replacement program at the start of the fourth year of the quality
improvement program.
(vi) An owner or operator who has conducted performance trials on
all alternative superior emission performance technologies suitable for
the required applications in the process unit may stop conducting
performance trials provided that a superior performing design or
technology has been demonstrated, or there are no technically feasible
alternative superior technologies remaining. The owner or operator
shall prepare an engineering evaluation documenting the physical,
chemical, or engineering basis for the judgment that the superior
emission performance technology is technically infeasible or
demonstrating that it would not reduce emissions.
(7) Quality assurance program. Each owner or operator shall prepare
and implement a pump quality assurance program that details purchasing
specifications and maintenance procedures for all pumps and pump seals
in the process unit. The quality assurance program may establish any
number of categories, or classes, of pumps as needed to distinguish
among operating conditions and services associated with poorer than
average emission performance, as well as those associated with better
than average emission performance. The quality assurance program shall
be developed considering the findings of the data analysis required
under paragraph (d)(5) of this section, if applicable; the findings of
the trial evaluation required in paragraph (d)(6) of this section; and
the operating conditions in the process unit. The quality assurance
program shall be updated each year as long as the process unit has the
greater of either 10 percent or more leaking pumps or has three leaking
pumps.
(i) The quality assurance program shall meet the following
requirements:
(A) Establish minimum design standards for each category of pumps
or pump seal technology. The design standards shall specify known
critical parameters such as tolerance, manufacturer, materials of
construction, previous usage, or other applicable identified critical
parameters;
(B) Require that all equipment orders specify the design standard
(or minimum tolerances) for the pump or the pump seal;
(C) Provide for an audit procedure for quality control of purchased
equipment to ensure conformance with purchase specifications. The audit
program may be conducted by the owner or operator of the plant site or
process unit or by a designated representative; and
(D) Detail off-line pump maintenance and repair procedures. These
procedures shall include provisions to ensure that rebuilt or
refurbished pumps and pump seals will meet the design specifications
for the pump category and will operate so that emissions are minimized.
(ii) The quality assurance program shall be established no later
than the start of the third year of the quality improvement program for
plant sites with 400 or more valves or 100 or more employees, and no
later than the start of the fourth year of the quality improvement
program for plant sites with less than 400 valves and less than 100
employees.
(8) Pump or pump seal replacement. Beginning at the start of the
third year of the quality improvement program for plant sites with 400
or more valves or 100 or more employees and at the start of the fourth
year of the quality improvement program for plant sites with less than
400 valves and less than 100 employees, the owner or operator shall
replace as described in paragraphs (d)(8)(i) and (ii) of this section
the pumps or pump seals that are not superior emission performance
technology with pumps or pump seals that have been identified as
superior emission performance technology and that comply with the
quality assurance standards for the pump category. Superior emission
performance technology is that category or design of pumps or pump
seals with emission performance that, when combined with appropriate
process, operating, and maintenance practices, will result in less than
10 percent leaking pumps for specific applications in the process unit
or plant site. Superior emission performance technology includes
material or design changes to the existing pump, pump seal, seal
support system, installation of multiple mechanical seals or
equivalent, or pump replacement.
(i) Pumps or pump seals shall be replaced at the rate of 20 percent
per year based on the total number of pumps in light liquid service.
The calculated value shall be rounded to the nearest nonzero integer
value. The minimum number of pumps or pump seals shall be one. Pump
replacement shall continue until all pumps subject to the requirements
of Sec. 65.107 are pumps determined to be superior performance
technology.
(ii) The owner or operator may delay replacement of pump seals or
pumps with superior technology until the next planned process unit
shutdown provided the number of pump seals and pumps replaced is
equivalent to the 20 percent or greater annual replacement rate.
(iii) The pumps shall be maintained as specified in the quality
assurance program.
(e) QIP recordkeeping. In addition to the records required by
paragraph (d)(2) of this section, the owner or operator shall maintain
records for the period of the quality improvement program for the
process unit as specified in paragraphs (e)(1) through (6) of this
section.
(1) When using a pump quality improvement program as specified in
this section, record the following information:
(i) The rolling average percent leaking pumps.
(ii) Documentation of all inspections conducted under the
requirements of
[[Page 78329]]
paragraph (d)(4) of this section and any recommendations for design or
specification changes to reduce leak frequency.
(iii) The beginning and ending dates while meeting the requirements
of paragraph (d) of this section.
(2) If a leak is not repaired within 15 calendar days after
discovery of the leak, the reason for the delay and the expected date
of successful repair.
(3) Records of all analyses required in paragraph (d) of this
section. The records will include the following information:
(i) A list identifying areas associated with poorer than average
performance and the associated service characteristics of the stream,
the operating conditions, and the maintenance practices.
(ii) The reasons for rejecting specific candidate superior emission
performing pump technology from performance trials.
(iii) The list of candidate superior emission performing valve or
pump technologies and documentation of the performance trial program
items required under paragraph (d)(6)(iii) of this section.
(iv) The beginning date and duration of performance trials of each
candidate superior emission performing technology.
(4) All records documenting the quality assurance program for pumps
as specified in paragraph (d)(7) of this section, including records
indicating that all pumps replaced or modified during the period of the
quality improvement program are in compliance with the quality
assurance.
(5) Records documenting compliance with the 20 percent or greater
annual replacement rate for pumps as specified in paragraph (d)(8) of
this section.
(6) Information and data to show the corporation has fewer than 100
employees, including employees providing professional and technical
contracted services.
Sec. 65.117 Alternative means of emission limitation: Batch processes.
(a) General requirement. As an alternative to complying with the
requirements of Secs. 65.106 through 65.114 and Sec. 65.116, an owner
or operator of a batch process that operates in regulated material
service during the calendar year may comply with one of the standards
specified in paragraphs (b) and (c) of this section, or the owner or
operator may petition for approval of an alternative standard under the
provisions of Sec. 65.102(b). The alternative standards of this section
provide the options of pressure testing or monitoring the equipment for
leaks. The owner or operator may switch among the alternatives provided
the change is documented as specified in paragraph (b)(7) of this
section.
(b) Pressure testing of the batch equipment. The following
requirements shall be met if an owner or operator elects to use
pressure testing of batch product-process equipment to demonstrate
compliance with this subpart:
(1) Reconfiguration. Each time equipment is reconfigured for
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before
regulated material is first fed to the equipment and the equipment is
placed in regulated material service.
(i) When the batch product-process equipment train is reconfigured
to produce a different product, pressure testing is required only for
the new or disturbed equipment.
(ii) Each batch product-process that operates in regulated material
service during a calendar year shall be pressure-tested at least once
during that calendar year.
(iii) Pressure testing is not required for routine seal breaks,
such as changing hoses or filters, that are not part of the
reconfiguration to produce a different product or intermediate.
(2) Testing procedures. The batch product-process equipment shall
be tested either using the procedures specified in paragraph (b)(5) of
this section for pressure vacuum loss or with a liquid using the
procedures specified in paragraph (b)(6) of this section.
(3) Leak detection. (i) For pressure or vacuum tests using a gas, a
leak is detected if the rate of change in pressure is greater than 6.9
kilopascals (1 pound per square inch gauge) in 1 hour or if there is
visible, audible, or olfactory evidence of fluid loss.
(ii) For pressure tests using a liquid, a leak is detected if there
are indications of liquids dripping or if there is other evidence of
fluid loss.
(4) Leak repair. (i) If a leak is detected, it shall be repaired
and the batch product-process equipment shall be retested before
startup of the process.
(ii) If a batch product-process fails the retest (the second of two
consecutive pressure tests), it shall be repaired as soon as practical
but not later than 30 calendar days after the second pressure test,
except as specified in paragraph (e) of this section.
(5) Gas pressure test procedure for pressure or vacuum loss. The
following procedures shall be used to pressure test batch product-
process equipment for pressure or vacuum loss to demonstrate compliance
with the requirements of paragraph (b)(3)(i) of this section:
(i) The batch product-process equipment train shall be pressurized
with a gas to a pressure less than the set pressure of any safety
relief devices or valves or to a pressure slightly above the operating
pressure of the equipment, or alternatively the equipment shall be
placed under a vacuum.
(ii) Once the test pressure is obtained, the gas source or vacuum
source shall be shut off.
(iii) The test shall continue for not less than 15 minutes unless
it can be determined in a shorter period of time that the allowable
rate of pressure drop or of pressure rise was exceeded. The pressure in
the batch product-process equipment shall be measured after the gas or
vacuum source is shut off and at the end of the test period. The rate
of change in pressure in the batch product-process equipment shall be
calculated using Equation 117-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.007
Where:
(P/t) = Change in pressure, pounds per square inch gauge/hr.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.
(iv) The pressure shall be measured using a pressure measurement
device (gauge, manometer, or equivalent) that has a precision of
2.5 millimeters mercury (0.10 inch of mercury) in the range
of test pressure and is capable of measuring pressures up to the relief
set pressure of the pressure relief device. If such a pressure
measurement device is not reasonably available, the owner or operator
shall use a pressure measurement device with a precision of at least
10 percent of the test pressure
[[Page 78330]]
of the equipment and shall extend the duration of the test for the time
necessary to detect a pressure loss or rise that equals a rate of 1
pound per square inch gauge per hour (7 kilopascals per hour).
(v) An alternative procedure may be used for leak testing the
equipment if the owner or operator demonstrates the alternative
procedure is capable of detecting a pressure loss or rise.
(6) Pressure test procedure using test liquid. The following
procedures shall be used to pressure test batch product-process
equipment using a liquid to demonstrate compliance with the
requirements of paragraph (b)(3)(ii) of this section:
(i) The batch product-process equipment train or section of the
equipment train shall be filled with the test liquid (for example,
water, alcohol) until normal operating pressure is obtained. Once the
equipment is filled, the liquid source shall be shut off.
(ii) The test shall be conducted for a period of at least 60
minutes unless it can be determined in a shorter period of time that
the test is a failure.
(iii) Each seal in the equipment being tested shall be inspected
for indications of liquid dripping or other indications of fluid loss.
If there are any indications of liquids dripping or of fluid loss, a
leak is detected.
(iv) An alternative procedure may be used for leak testing the
equipment if the owner or operator demonstrates the alternative
procedure is capable of detecting losses of fluid.
(7) Pressure testing recordkeeping. The owner or operator of a
batch product-process who elects to pressure test the batch product-
process equipment train to demonstrate compliance with this subpart
shall maintain records of the information specified in paragraphs
(b)(7)(i) through (v) of this section.
(i) The identification of each product or product code produced
during the calendar year. It is not necessary to identify individual
items of equipment in a batch product-process equipment train.
(ii) Physical tagging of the equipment to identify that it is in
regulated material service and subject to the provisions of this
subpart is not required. Equipment in a batch product-process subject
to the provisions of this subpart may be identified on a plant site
plan, in log entries, or by other appropriate methods.
(iii) The dates of each pressure test required in paragraph (b) of
this section, the test pressure, and the pressure drop observed during
the test.
(iv) Records of any visible, audible, or olfactory evidence of
fluid loss.
(v) When a batch product-process equipment train does not pass two
consecutive pressure tests, as specified in paragraph (b)(4)(ii) of
this section, the following information shall be recorded in a log and
kept for 2 years:
(A) The date of each pressure test and the date of each leak repair
attempt;
(B) Repair methods applied in each attempt to repair the leak;
(C) The reason for the delay of repair;
(D) The expected date for delivery of the replacement equipment and
the actual date of delivery of the replacement equipment; and
(E) The date of successful repair.
(c) Equipment monitoring. The following requirements shall be met
if an owner or operator elects to monitor the equipment in a batch
process to detect leaks by the method specified in Sec. 65.104(b) and
(c) to demonstrate compliance with this subpart:
(1) The owner or operator shall comply with the requirements of
Secs. 65.106 through 65.116 as modified by paragraphs (c)(2) through
(4) of this section.
(2) The equipment shall be monitored for leaks by the method
specified in Sec. 65.104(b) and (c) when the equipment is in regulated
material service or is in use with any other detectable material.
(3) The equipment shall be monitored for leaks as specified in the
following:
(i) Each time the equipment is reconfigured for the production of a
new product, the reconfigured equipment shall be monitored for leaks
within 30 days of startup of the process. This initial monitoring of
reconfigured equipment shall not be included in determining percent
leaking equipment in the process unit.
(ii) Connectors shall be monitored in accordance with the
requirements in Sec. 65.108.
(iii) Equipment other than connectors shall be monitored at the
frequencies specified in table 1 to this subpart. The operating time
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
(iv) The monitoring frequencies specified in paragraph (c)(3)(iii)
of this section are not requirements for monitoring at specific
intervals and can be adjusted to accommodate process operations. An
owner or operator may monitor anytime during the specified monitoring
period (for example, month, quarter, year), provided the monitoring is
conducted at a reasonable interval after completion of the last
monitoring campaign. For example, if the equipment is not operating
during the scheduled monitoring period, the monitoring can be done
during the next period when the process is operating.
(4) If a leak is detected, it shall be repaired as soon as
practical but not later than 15 calendar days after it is detected
except as provided in paragraph (e) of this section.
(d) Added equipment recordkeeping. (1) For batch product-process
units that the owner or operator elects to monitor as provided under
paragraph (c) of this section, the owner or operator shall prepare a
list of equipment added to batch product-process units since the last
monitoring period required in paragraphs (c)(3)(ii) and (iii) of this
section.
(2) Maintain records demonstrating the proportion of the time
during the calendar year the equipment is in use in a batch process
that is subject to the provisions of this subpart. Examples of suitable
documentation are records of time in use for individual pieces of
equipment or average time in use for the process unit. These records
are not required if the owner or operator does not adjust monitoring
frequency by the time in use, as provided in paragraph (c)(3)(iii) of
this section.
(3) Record and keep pursuant to Sec. 65.4 the date and results of
the monitoring required in paragraph (c)(3)(i) of this section for
equipment added to a batch product-process unit since the last
monitoring period required in paragraphs (c)(3)(ii) and (iii) of this
section. If no leaking equipment is found during this monitoring, the
owner or operator shall record that the inspection was performed.
Records of the actual monitoring results are not required.
(e) Delay of repair. Delay of repair of equipment for which leaks
have been detected is allowed if the replacement equipment is not
available provided the following conditions are met:
(1) Equipment supplies have been depleted and supplies had been
sufficiently stocked before the supplies were depleted.
(2) The repair is made no later than 10 calendar days after
delivery of the replacement equipment.
(f) Periodic report contents. For owners or operators electing to
meet the requirements of paragraph (b) of this section, the following
periodic report to be filed pursuant to Sec. 65.120(b) shall include
the following information for each process unit:
(1) Batch product-process equipment train identification;
(2) The number of pressure tests conducted;
[[Page 78331]]
(3) The number of pressure tests where the equipment train failed
the pressure test; and
(4) The facts that explain any delay of repairs.
Sec. 65.118 Alternative means of emission limitation: Enclosed-vented
process units.
(a) Use of closed vent system and control device. Process units
that are enclosed in such a manner that all emissions from equipment
leaks are routed to a process or fuel gas system or collected and
vented through a closed vent system to a control device meeting the
requirements of Sec. 65.115 are exempt from the requirements of
Secs. 65.106 through 65.114 and Sec. 65.116. The enclosure shall be
maintained under a negative pressure at all times while the process
unit is in operation to ensure that all emissions are routed to a
control device.
(b) Recordkeeping. Owners and operators choosing to comply with the
requirements of this section shall maintain the following records:
(1) Identification of the process unit(s) and the regulated
materials they handle.
(2) A schematic of the process unit, enclosure, and closed vent
system.
(3) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.
Sec. 65.119 Recordkeeping provisions.
(a) Recordkeeping system. An owner or operator of more than one
regulated source subject to the provisions of this subpart may comply
with the recordkeeping requirements for these regulated sources in one
recordkeeping system. The recordkeeping system shall identify each
record by regulated source and the type of program being implemented
(for example, quarterly monitoring, quality improvement) for each type
of equipment. The records required by this subpart are summarized in
paragraphs (b) and (c) of this section.
(b) General equipment leak records. (1) As specified in
Sec. 65.103(a) through (c), the owner or operator shall keep general
and specific equipment identification if the equipment is not
physically tagged and the owner or operator is electing to identify the
equipment subject to subpart F of this part through written
documentation such as a log or other designation.
(2) The owner or operator shall keep a written plan as specified in
Sec. 65.103(c)(4) for any equipment that is designated as unsafe- or
difficult-to-monitor.
(3) The owner or operator shall maintain a record of the identity
and an explanation as specified in Sec. 65.103(d)(2) for any equipment
that is designated as unsafe to repair.
(4) As specified in Sec. 65.103(e), the owner or operator shall
maintain a record of the identity of compressors operating with an
instrument reading of less than 500 parts per million.
(5) The owner or operator shall keep records associated with the
determination that equipment is in heavy liquid service as specified in
Sec. 65.103(f).
(6) The owner or operator shall keep records for leaking equipment
as specified in Sec. 65.104(e)(2).
(7) The owner or operator shall keep records for leak repair as
specified in Sec. 65.105(f) and records for delay of repair as
specified in Sec. 65.105(d).
(8) For instrument response factor criteria determinations
performed pursuant to Sec. 65.104(b)(2)(i), the owner or operator shall
maintain a record of an engineering assessment that identifies the
representative composition of the process fluid. The assessment shall
be based on knowledge of the compounds present in the process,
similarity of response factors for the materials present, the range of
compositions encountered during monitoring, or other information
available to the owner or operator.
(9) The owner or operator shall keep records of the detection limit
calibration as specified in Sec. 65.104(b)(3).
(c) Specific equipment leak records. (1) For valves, the owner or
operator shall maintain the following records:
(i) The monitoring schedule for each process unit as specified in
Sec. 65.106(b)(3)(v).
(ii) The valve subgrouping records specified in
Sec. 65.106(b)(4)(iv), if applicable.
(2) For pumps, the owner or operator shall maintain the following
records:
(i) Documentation of pump visual inspections as specified in
Sec. 65.107(b)(4).
(ii) Documentation of dual mechanical seal pump visual inspections
as specified in Sec. 65.107(e)(1)(v).
(iii) For the criteria as to the presence and frequency of drips
for dual mechanical seal pumps, records of the design criteria and
explanations and any changes and the reason for the changes, as
specified in Sec. 65.107(e)(1)(i).
(3) For connectors, the owner or operator shall maintain the
records specified in Sec. 65.108(b)(3)(v) which identify a monitoring
schedule for each process unit.
(4) For agitators, the owner or operator shall maintain the
following records:
(i) Documentation of agitator seal visual inspections as specified
in Sec. 65.109(b)(3).
(ii) For agitators equipped with a dual mechanical seal system that
includes barrier fluid system, the owner or operator shall keep records
as specified in Sec. 65.109(e)(1)(vi)(B).
(iii) Documentation of the dual mechanical seal agitator seal
visual inspections as specified in Sec. 65.109(e)(1)(iv).
(5) For pressure relief devices in gas/vapor or light liquid
service, the owner or operator shall keep records of the dates and
results of monitoring following a pressure release, as specified in
Sec. 65.111(c)(3), or the date the rupture disk is replaced as
specified in Sec. 65.111(e).
(6) For compressors, the owner or operator shall maintain the
following records:
(i) For criteria as to failure of the seal system and/or the
barrier fluid system, record the design criteria and explanations and
any changes and the reason for the changes, as specified in
Sec. 65.112(d)(2).
(ii) For compressors operating under the alternative compressor
standard, record the dates and results of each compliance test as
specified in Sec. 65.112(f)(2).
(7) For a pump QIP program, the owner or operator shall maintain
the following records:
(i) Individual pump records as specified in Sec. 65.116(d)(2).
(ii) Trial evaluation program documentation as specified in
Sec. 65.116(d)(6)(iii).
(iii) Engineering evaluation documenting the basis for judgement
that superior emission performance technology is not applicable as
specified in Sec. 65.116(d)(6)(vi).
(iv) Quality assurance program documentation as specified in
Sec. 65.116(d)(7).
(v) QIP records as specified in Sec. 65.116(e).
(8) For process units complying with the batch process unit
alternative, the owner or operator shall maintain the following
records:
(i) Pressure test records as specified in Sec. 65.117(b)(7).
(ii) Records for equipment added to the process unit as specified
in Sec. 65.117(d).
(9) For process units complying with the enclosed-vented process
unit alternative, the owner or operator shall maintain the records for
enclosed-vented process units as specified in Sec. 65.118(b).
[[Page 78332]]
Sec. 65.120 Reporting provisions.
(a) Initial Compliance Status Report. Unless the information
specified in paragraphs (a)(1) through (3) of this section has
previously been submitted under the referencing subpart, each owner or
operator shall submit an Initial Compliance Status Report according to
the procedures in Sec. 65.5(d). The notification shall include the
information listed in paragraphs (a)(1) through (3) of this section, as
applicable.
(1) The notification shall provide the following information for
each process unit subject to the requirements of this subpart:
(i) Process unit identification;
(ii) Number of each equipment type (for example, valves, pumps)
excluding equipment in vacuum service; and
(iii) Method of compliance with the standard (for example,
``monthly leak detection and repair'' or ``equipped with dual
mechanical seals'').
(2) The notification shall provide the following information for
each process unit subject to the requirements of Sec. 65.117(b):
(i) Batch products or product codes subject to the provisions of
this subpart; and
(ii) Planned schedule for pressure testing when equipment is
configured for production of products subject to the provisions of this
subpart.
(3) The notification shall provide the following information for
each process unit subject to the requirements in Sec. 65.118:
(i) Process unit identification;
(ii) A description of the system used to create a negative pressure
in the enclosure, and the control device used to comply with the
requirements of subpart G of this part.
(b) Periodic reports. The owner or operator shall report the
information specified in paragraphs (b)(1) through (9) of this section,
as applicable, in the periodic report specified in Sec. 65.5(e).
(1) For the equipment specified in paragraphs (b)(1)(i) through (v)
of this section, report in a summary format by equipment type the
number of components for which leaks were detected, and for valves,
pumps, and connectors show the percent leakers and the total number of
components monitored. Also include the number of leaking components
that were not repaired as required by Sec. 65.105(a), and for valves
identify the number of components that are determined by
Sec. 65.106(c)(3) to be nonrepairable.
(i) Valves in gas/vapor service and in light liquid service
pursuant to Sec. 65.106(b) and (c).
(ii) Pumps in light liquid service pursuant to Sec. 65.107(b) and
(c).
(iii) Connectors in gas/vapor service and in light liquid service
pursuant to Sec. 65.108(b) and (c).
(iv) Agitators in gas/vapor service and in light liquid service
pursuant to Sec. 65.109(b).
(v) Compressors pursuant to Sec. 65.112(d).
(2) Where any delay of repair is utilized pursuant to
Sec. 65.105(d), report that delay of repair has occurred and report the
number of instances of delay of repair.
(3) If applicable, report the valve subgrouping information
specified in Sec. 65.106(b)(4)(iv).
(4) For pressure relief devices in gas/vapor service pursuant to
Sec. 65.111(b) and for compressors pursuant to Sec. 65.112(f) that are
to be operated at a leak detection instrument reading of less than 500
parts per million, report the results of all monitoring to show
compliance conducted within the semiannual reporting period.
(5) Report, if applicable, the initiation of a monthly monitoring
program for valves pursuant to Sec. 65.106(b)(3)(i).
(6) Report, if applicable, the initiation of a quality improvement
program for pumps pursuant to Sec. 65.116.
(7) [Reserved]
(8) Where the alternative means of emissions limitation for batch
processes is utilized, report the information listed in Sec. 65.117(f).
(9) Report the information listed in paragraph (a) of this section
for the Initial Compliance Status Report for process units with later
compliance dates. Report any revisions to items reported in an earlier
Initial Compliance Status Report if the method of compliance has
changed since the last report.
Secs. 65.121--65.139 [Reserved]
Table 1 to Subpart F of Part 65.--Batch Processes Monitoring Frequency for Equipment Other Than Connectors
----------------------------------------------------------------------------------------------------------------
Equivalent continuous process monitoring frequency time in use
Operating time (percent of year) --------------------------------------------------------------------------
Monthly Quarterly Semiannually
----------------------------------------------------------------------------------------------------------------
0 to 25.............................. Quarterly.............. Annually............... Annually.
25 to 50............................. Quarterly.............. Semiannually........... Annually.
50 to 75............................. Bimonthly.............. Three times............ Semiannually.
75 to 100............................ Monthly................ Quarterly.............. Semiannually.
----------------------------------------------------------------------------------------------------------------
Subpart G--Closed Vent Systems, Control Devices, and Routing to a
Fuel Gas System or a Process
Sec. 65.140 Applicability.
The provisions of this subpart and of subpart A of this part
(including the startup, shutdown, and malfunction provisions in
Sec. 65.6) apply to routing emissions to processes, fuel gas systems,
closed vent systems, control devices, and recovery devices where
another subpart expressly references the use of this subpart.
Sec. 65.141 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.142 Standards.
(a) Storage vessel requirements. The owner or operator expressly
referenced to this subpart from subpart C of this part shall comply
with the following requirements, as applicable:
(1) Closed vent system and flare. Owners or operators subject to
Sec. 65.42(b)(4) who route storage vessel emissions through a closed
vent system to a flare shall meet the requirements in Sec. 65.143 for
closed vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b),
and (c) for provisions regarding flare compliance determinations; and
the monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to storage vessel
emissions routed through a closed vent system to a flare.
[[Page 78333]]
(2) Closed vent system and nonflare control device. Owners or
operators subject to Sec. 65.42(b)(5) who route storage vessel
emissions through a closed vent system to a nonflare control device
shall meet the requirements in Sec. 65.143 for closed vent systems and
Sec. 65.145 for nonflare control devices and the monitoring,
recordkeeping, and reporting requirements referenced therein. No other
provisions of this subpart apply to storage vessel emissions routed
through a closed vent system to a nonflare control device unless
specifically required in the monitoring plan submitted under
Sec. 65.145(c).
(3) Route to a fuel gas system or process. Owners or operators
subject to Sec. 65.42(b)(6) who route storage vessel emissions to a
fuel gas system or to a process shall meet the requirements in
Sec. 65.144 and the monitoring, recordkeeping, and reporting
requirements referenced therein. No other provisions of this subpart
apply to storage vessel emissions being routed to a fuel gas system or
to a process.
(b) Process vent requirements. The owner or operator expressly
referenced to this subpart from subpart D of this part or 40 CFR part
60, subpart DDD, shall comply with the following requirements, as
applicable:
(1) Flare. Owners or operators subject to Sec. 65.63(a)(1) or 40
CFR 60.562-1(a)(1)(i)(C) who route process vent emissions to a flare
shall meet the applicable requirements in Sec. 65.143 for closed vent
systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c) for
provisions regarding flare compliance determinations; and the
monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to process vent
emissions routed through a closed vent system to a flare.
(2) Nonflare control device. Owners or operators subject to
Sec. 65.63(a)(2) or 40 CFR 60.562-1(a)(1)(i)(A) or (B) who route
process vent emissions to a nonflare control device shall meet the
applicable requirements in Sec. 65.143 for closed vent systems; the
requirements applicable to the control devices being used in
Secs. 65.148 through 65.152 or Sec. 65.155; the applicable general
monitoring requirements of Sec. 65.156; the applicable performance test
requirements and procedures of Secs. 65.157 and 65.158; and the
monitoring, recordkeeping, and reporting requirements referenced
therein. Owners or operators subject to the halogen reduction device
requirements of Sec. 65.63(b)(1) must also comply with Sec. 65.154 and
the monitoring, recordkeeping, and reporting requirements referenced
therein. The requirements of Secs. 65.144 through 65.146 do not apply
to process vents. No other provisions of this subpart apply to process
vent emissions routed through a closed vent system to a nonflare
control device.
(3) Final recovery devices. Owners or operators subject to
Sec. 65.63(a)(3) who use a final recovery device to maintain the TRE
index value of a Group 2A process vent above 1.0 shall meet the
requirements in Sec. 65.153, and the monitoring, recordkeeping, and
reporting requirements referenced therein applicable to the recovery
device being used and the applicable monitoring requirements in
Sec. 65.156, and the recordkeeping and reporting requirements
referenced therein, except for Sec. 65.156(c)(2)(ii). No other
provisions of this subpart apply to Group 2A process vents.
(c) Transfer rack requirements. The owner or operator expressly
referenced to this subpart from subpart E of this part shall comply
with the following requirements, as applicable:
(1) Closed vent system and flare. Owners or operators subject to
Sec. 65.83(a)(2) who route transfer rack emissions through a closed
vent system to a flare shall meet the applicable requirements in
Sec. 65.143 for closed vent systems; Sec. 65.147 for flares; and
Sec. 65.157(a), (b), and (c) for provisions regarding flare compliance
determinations; and the monitoring, recordkeeping, and reporting
requirements referenced therein. No other provisions of this subpart
apply to transfer rack emissions routed through a closed vent system to
a flare.
(2) Closed vent system and nonflare control device for low-
throughput transfer racks. Owners or operators of low-throughput
transfer racks subject to Sec. 65.83(a)(1) who route low-throughput
transfer rack emissions through a closed vent system to a nonflare
control device shall meet the applicable requirements in Sec. 65.143
for closed vent systems and Sec. 65.145 for nonflare control devices
and the monitoring, recordkeeping, and reporting requirements
referenced therein. Owners or operators subject to the halogen
reduction requirements of Sec. 65.83(b)(1) must also comply with the
recordkeeping requirement of Sec. 65.160(d) and the reporting
requirement of Sec. 65.165(d). No other provisions of this subpart
apply to low-throughput transfer rack emissions routed through a closed
vent system to a nonflare control device unless specifically required
in the monitoring plan submitted under Sec. 65.145(c).
(3) Closed vent system and nonflare control devices for high-
throughput transfer racks. Owners or operators of high-throughput
transfer racks subject to Sec. 65.83(a)(1) who route high-throughput
transfer rack emissions through a closed vent system to a nonflare
control device shall meet the applicable requirements in Sec. 65.143
for closed vent systems; the requirements applicable to the control
device being used in Secs. 65.148 through 65.152 or Sec. 65.155; the
applicable general monitoring of Sec. 65.156; the applicable
performance test requirements and procedures of Secs. 65.157 and
65.158; and the monitoring, recordkeeping, and reporting requirements
referenced therein. Owners or operators subject to the halogen
reduction device requirements of Sec. 65.83(b)(1) must also comply with
Sec. 65.154 and the monitoring, recordkeeping, and reporting
requirements referenced therein. The requirements of Secs. 65.144
through 65.146 do not apply to high-throughput transfer rack emissions
routed through a closed vent system to a nonflare control device. No
other provisions of this subpart apply to high-throughput transfer rack
emissions routed through a closed vent system to a nonflare control
device.
(4) Route to a fuel gas system or to a process. Owners or operators
subject to Sec. 65.83(a)(4) of this part who route transfer rack
emissions to a fuel gas system or to a process shall meet the
applicable requirements in Sec. 65.144 and the monitoring,
recordkeeping, and reporting requirements referenced therein. No other
provisions of this subpart apply to transfer rack emissions being
routed to a fuel gas system or to a process.
(d) Equipment leak requirements. The owner or operator expressly
referenced to this subpart from subpart F of this part shall comply
with the following requirements, as applicable:
(1) Closed vent system and flare. Owners or operators subject to
Sec. 65.115(b) who route equipment leak emissions through a closed vent
system to a flare shall meet the requirements in Sec. 65.143 for closed
vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c)
for provisions regarding flare compliance determinations; and the
monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to equipment leak
emissions routed through a closed vent system to a flare.
(2) Closed vent system and nonflare control device. Owners or
operators subject to Sec. 65.115(b) who route equipment leak emissions
through a closed vent system to a nonflare control device shall meet
the requirements in
[[Page 78334]]
Sec. 65.143 for closed vent systems, Sec. 65.146 for nonflare control
devices used for equipment leak emissions, and the monitoring,
recordkeeping, and reporting requirements referenced therein. No other
provisions of this subpart apply to equipment leak emissions routed
through a closed vent system to a nonflare control device.
(3) Route to a fuel gas system or to a process. Owners or operators
subject to Sec. 65.115(b) who route equipment leak emissions to a fuel
gas system or to a process shall meet the requirements in Sec. 65.144
and the monitoring, recordkeeping, and reporting requirements
referenced therein. No other provisions of this subpart apply to
equipment leak emissions being routed to a fuel gas system or to a
process.
(e) Combined emissions. When emissions of different kinds (for
example, emissions from process vents, transfer racks, and/or storage
vessels) are combined, the owner or operator shall comply with the
requirements of either paragraph (e)(1) or (2) of this section:
(1) Comply with the applicable requirements of this subpart for
each kind of emissions in the stream (for example, the requirements of
Sec. 65.142(b) for process vents, and the requirements of
Sec. 65.142(c) for transfer racks); or
(2) Comply with the first set of requirements identified in
paragraphs (e)(2)(i) through (iii) of this section which applies to any
individual emission stream that is included in the combined stream.
Compliance with the first applicable set of requirements identified in
paragraphs (e)(2)(i) through (iii) of this section constitutes
compliance with all other requirements in paragraphs (e)(2)(i) through
(iii) of this section applicable to other types of emissions in the
combined stream. The hierarchy is as follows:
(i) The requirements of Sec. 65.142(b) for Group 1 process vents,
including applicable monitoring, recordkeeping, and reporting;
(ii) The requirements of Sec. 65.142(c) for high-throughput
transfer racks, including applicable monitoring, recordkeeping, and
reporting;
(iii) The requirements of Sec. 65.142(a) for control of emissions
from storage vessels or low-throughput transfer racks, including
monitoring, recordkeeping, and reporting.
Sec. 65.143 Closed vent systems.
(a) Closed vent system equipment and operating requirements. The
provisions of paragraph (a) of this section apply to closed vent
systems collecting regulated material from a storage vessel, process
vent, transfer rack, or equipment leaks.
(1) Collection of emissions. Each closed vent system shall be
designed and operated to collect the regulated material vapors from the
emission point and to route the collected vapors to a control device.
(2) Period of operation. Closed vent systems used to comply with
the provisions of this subpart shall be operated at all times when
emissions are vented to them.
(3) Bypass monitoring. Except for pressure relief devices needed
for safety purposes, low leg drains, high point bleeds, analyzer vents,
and open-ended valves or lines, the owner or operator shall comply with
either of the following provisions for each closed vent system that
contains bypass lines that could divert a vent stream to the
atmosphere:
(i) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. Records shall be
generated as specified in Sec. 65.163(a)(1)(i). The flow indicator
shall be installed at the entrance to any bypass line.
(ii) Secure the bypass line valve in the non-diverting position
with a car-seal or a lock-and-key type configuration. A visual
inspection of the seal or closure mechanism shall be performed at least
once every month to ensure the valve is maintained in the non-diverting
position and the vent stream is not diverted through the bypass line.
Records shall be generated as specified in Sec. 65.163(a)(1)(ii).
(4) Loading arms at transfer racks. Each closed vent system
collecting regulated material from a transfer rack shall be designed
and operated so that regulated material vapors collected at one loading
arm will not pass through another loading arm in the rack to the
atmosphere.
(5) Pressure relief devices in a transfer rack's closed vent
system. The owner or operator of a transfer rack subject to the
provisions of this subpart shall ensure that no pressure relief device
in the transfer rack's closed vent system shall open to the atmosphere
during loading. Pressure relief devices needed for safety purposes are
not subject to paragraph (a)(5) of this section.
(b) Closed vent system inspection requirements. The provisions of
paragraph (b) of this section apply to closed vent systems collecting
regulated material from a storage vessel, transfer rack or equipment
leaks. Inspection records shall be generated as specified in
Sec. 65.163(a)(3) and (4).
(1) Except for closed vent systems operated and maintained under
negative pressure and as provided in paragraphs (b)(2) and (3) of this
section, each closed vent system shall be inspected as specified in
paragraph (b)(1)(i) or (ii) of this section.
(i) If the closed vent system is constructed of hard-piping, the
owner or operator shall comply with the following requirements:
(A) Conduct an initial inspection according to the procedures in
paragraph (c) of this section; and
(B) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(ii) If the closed vent system is constructed of ductwork, the
owner or operator shall conduct an initial and annual inspection
according to the procedures in paragraph (c) of this section.
(2) Any parts of the closed vent system that are designated as
described in Sec. 65.163(a)(2) as unsafe to inspect are exempt from the
inspection requirements of paragraph (b)(1) of this section if the
following conditions are met:
(i) The owner or operator determines that the equipment is unsafe
to inspect because inspecting personnel would be exposed to an imminent
or potential danger as a consequence of complying with paragraph (b)(1)
of this section; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
(3) Any parts of the closed vent system that are designated, as
described in Sec. 65.163(a)(2), as difficult-to-inspect are exempt from
the inspection requirements of paragraph (b)(1) of this section if the
following provisions apply:
(i) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
(7 feet) above a support surface; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
(c) Closed vent system inspection procedures. The provisions of
paragraph (c) of this section apply to closed vent systems collecting
regulated material from a storage vessel, transfer rack, or equipment
leaks.
(1) Each closed vent system subject to paragraph (c) of this
section shall be inspected according to the procedures specified in
paragraphs (c)(1)(i) through (vii) of this section.
(i) Inspections shall be conducted in accordance with Method 21 of
appendix
[[Page 78335]]
A of 40 CFR part 60 except as specified in this section.
(ii) Except as provided in paragraph (c)(1)(iii) of this section,
the detection instrument shall meet the performance criteria of Method
21 of appendix A of 40 CFR part 60, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
representative composition of the process fluid not each individual
organic compound in the stream. For process streams that contain
nitrogen, air, water, or other inerts that are not organic hazardous
air pollutants or volatile organic compounds, the response factor shall
be determined on an inert-free basis. The response factor may be
determined at any concentration for which the monitoring for leaks will
be conducted. Maintain the record specified by Sec. 65.163(a)(5).
(iii) If no instrument is available at the plant site that will
meet the performance criteria specified in paragraph (c)(1)(ii) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid calculated on an
inert-free basis as described in paragraph (c)(1)(ii) of this section.
(iv) The detection instrument shall be calibrated before use on
each day of its use by the procedures specified in Method 21 of
appendix A of 40 CFR part 60.
(v) Calibration gases shall be as specified in the following:
(A) Zero air (less than 10 parts per million hydrocarbon in air).
(B) Mixtures of methane in air at a concentration less than 10,000
parts per million. A calibration gas other than methane in air may be
used if the instrument does not respond to methane or if the instrument
does not meet the performance criteria specified in paragraph
(c)(1)(ii) of this section. In such cases, the calibration gas may be a
mixture of one or more of the compounds to be measured in air.
(C) If the detection instrument's design allows for multiple
calibration scales, then the lower scale shall be calibrated with a
calibration gas that is no higher than 2,500 parts per million.
(vi) An owner or operator may elect to adjust or not adjust
instrument readings for background. If an owner or operator elects not
to adjust readings for background, all such instrument readings shall
be compared directly to 500 parts per million to determine whether
there is a leak. If an owner or operator elects to adjust instrument
readings for background, the owner or operator shall measure background
concentration using the procedures in this section. The owner or
operator shall subtract the background reading from the maximum
concentration indicated by the instrument.
(vii) If the owner or operator elects to adjust for background, the
arithmetic difference between the maximum concentration indicated by
the instrument and the background level shall be compared with 500
parts per million for determining whether there is a leak.
(2) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of appendix A of 40 CFR part 60.
(3) Except as provided in paragraph (c)(4) of this section,
inspections shall be performed when the equipment is in regulated
material service or in use with any other detectable gas or vapor.
(4) Inspections of the closed vent system collecting regulated
material from a transfer rack shall be performed only while a tank
truck or railcar is being loaded or is otherwise pressurized to normal
operating conditions with regulated material or any other detectable
gas or vapor.
(d) Closed vent system leak repair provisions. The provisions of
paragraph (d) of this section apply to closed vent systems collecting
regulated material from a storage vessel, transfer rack, or equipment
leak.
(1) If there are visible, audible, or olfactory indications of
leaks at the time of the annual visual inspections required by
paragraph (b)(1)(i)(B) of this section, the owner or operator shall
follow either of the following procedures:
(i) The owner or operator shall eliminate the indications of the
leak.
(ii) The owner or operator shall monitor the equipment according to
the procedures in paragraph (c) of this section.
(2) Leaks as indicated by an instrument reading greater than 500
parts per million by volume above background shall be repaired as soon
as practical except as provided in paragraph (d)(3) of this section.
Records shall be generated as specified in Sec. 65.163(a)(3) when a
leak is detected.
(i) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected.
(ii) Except as provided in paragraph (d)(3) of this section,
repairs shall be completed no later than 15 calendar days after the
leak is detected or at the beginning of the next introduction of vapors
to the system, whichever is later.
(3) Delay of repair of a closed vent system for which leaks have
been detected is allowed if repair within 15 days after a leak is
detected is technically infeasible without a closed vent system
shutdown, as defined in Sec. 65.2, or if the owner or operator
determines that emissions resulting from immediate repair would be
greater than the emissions likely to result from delay of repair.
Repair of such equipment shall be completed as soon as practical, but
not later than the end of the next closed vent system shutdown.
Sec. 65.144 Fuel gas systems and processes to which storage vessel,
transfer rack, or equipment leak regulated material emissions are
routed.
(a) Equipment and operating requirements for fuel gas systems and
processes. (1) Except during periods of startup, shutdown, and
malfunction as specified in Sec. 65.3(a), the fuel gas system or
process shall be operating at all times when regulated material
emissions are routed to it.
(2) The owner or operator of a transfer rack subject to the
provisions of this subpart shall ensure that no pressure relief device
in the transfer rack's system returning vapors to a fuel gas system or
process shall open to the atmosphere during loading. Pressure relief
devices needed for safety purposes are not subject to this paragraph
(a)(2).
(3) Each process piping system collecting regulated material from a
transfer rack shall be designed and operated so that regulated material
vapors collected at one loading arm will not pass through another
loading arm in the rack to the atmosphere.
(b) Fuel gas system and process compliance determination. (1) If
emissions are routed to a fuel gas system, there is no requirement to
conduct a performance test or design evaluation.
(2) For storage vessels and transfer racks, and if emissions are
routed to a process, the regulated material in the emissions shall
predominantly meet one of, or a combination of, the following
conditions, and the compliance demonstration requirements in paragraph
(b)(3) of this section, if applicable:
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
regulated materials;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(3) To demonstrate compliance with paragraph (b)(2) of this section
for a storage vessel, the owner or operator shall prepare a design
evaluation (or
[[Page 78336]]
engineering assessment) that demonstrates the extent to which one or
more of the conditions specified in paragraphs (b)(2)(i) through (iv)
of this section are being met. The owner or operator shall submit the
design evaluation as specified in Sec. 65.165(a)(1).
(c) Statement of connection to fuel gas system. For storage vessels
and transfer racks, the owner or operator shall submit the statement of
connection reports for fuel gas systems specified in Sec. 65.165(a)(2)
and/or (a)(3), as appropriate.
Sec. 65.145 Nonflare control devices used to control emissions from
storage vessels or low-throughput transfer racks.
(a) Nonflare control device equipment and operating requirements.
The owner or operator shall operate and maintain the nonflare control
device, including a halogen reduction device for a low-throughput
transfer rack, so that the monitored parameters defined as required in
paragraph (c) of this section remain within the ranges specified in the
Initial Compliance Status Report whenever emissions of regulated
material are routed to the control device and halogen reduction device,
except during periods of startup, shutdown, and malfunction as
specified in Sec. 65.3(a).
(b) Nonflare control device design evaluation or performance test
requirements. When using a control device other than a flare, the owner
or operator shall comply with the requirements in paragraph (b)(1)(i),
(ii), or (iii) of this section except as provided in paragraph (b)(2)
of this section. Owners or operators of halogenated low-throughput
transfer rack vent streams routed to a combustion device and then to a
halogen reduction device to meet the specifications of
Sec. 65.83(b)(1), must also meet the requirements of paragraph (b)(3)
of this section.
(1) Unless a design evaluation or performance test as required in
the referencing subpart was previously conducted and submitted for the
storage vessel or low-throughput transfer rack, the owner or operator
shall either prepare and submit with the Initial Compliance Status
Report, as specified in Sec. 65.165(b), a design evaluation that
includes the information specified in paragraph (b)(1)(i) of this
section, or the results of the performance test as described in
paragraph (b)(1)(ii) or (iii) of this section.
(i) Design evaluation. The design evaluation shall include
documentation demonstrating that the control device being used achieves
the required control efficiency during the reasonably expected maximum
storage vessel filling or transfer loading rate. This documentation is
to include a description of the gas stream that enters the control
device, including flow and regulated material content; and additionally
for storage vessels, the effects of varying liquid level conditions;
and the information specified in paragraphs (b)(1)(i)(A) through (E) of
this section, as applicable. This documentation shall be submitted with
the Initial Compliance Status Report as specified in Sec. 65.165(b).
(A) The efficiency determination is to include consideration of all
vapors, gases, and liquids, other than fuels, received by the control
device.
(B) If an enclosed combustion device with a minimum residence time
of 0.5 seconds and a minimum temperature of 760 deg.C is used to meet
the emission reduction requirement specified in Sec. 65.42(b)(5) for
storage vessels, or Sec. 65.83(a)(1) for transfer racks, documentation
that those conditions exist is sufficient to meet the requirements of
paragraph (b)(1)(i) of this section.
(C) Except as provided in paragraph (b)(1)(i)(B) of this section
for enclosed combustion devices, the design evaluation shall include
the estimated autoignition temperature of the stream being combusted,
the flow rate of the stream, the combustion temperature, and the
residence time at the combustion temperature.
(D) For carbon adsorbers, the design evaluation shall include the
estimated affinity of the regulated pollutant vapors for carbon, the
amount of carbon in each bed, the number of beds, the humidity, the
temperature, the flow rate of the inlet stream and, if applicable, the
desorption schedule, the regeneration stream pressure or temperature,
and the flow rate of the regeneration stream. For vacuum desorption,
pressure drop shall be included.
(E) For condensers, the design evaluation shall include the final
temperature of the stream vapors, the type of condenser, and the design
flow rate of the emission stream.
(ii) Performance test. A performance test is acceptable to
demonstrate compliance with Sec. 65.42(b)(5) for storage vessels, and
Sec. 65.83(a)(1) for low-throughput transfer racks. The owner or
operator is not required to prepare a design evaluation for the control
device as described in paragraph (b)(1)(i) of this section if a
performance test will be performed that meets the following criteria:
(A) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1)
for transfer racks; and
(B) The performance test meets the applicable performance test
requirements of Secs. 65.157 and 65.158, and the results are submitted
as part of the Initial Compliance Status Report as specified in
Sec. 65.165(b).
(iii) If the control device used to comply with Sec. 65.42(b)(5)
for storage vessels, or with Sec. 65.83(a)(1) for low-throughput
transfer racks, as applicable, is also used to comply with
Sec. 65.63(a)(2) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, a performance test required by
Secs. 65.148(b), 65.149(b), 65.150(b), 65.151(b), 65.152(b), or
65.155(b) is acceptable to demonstrate compliance with Sec. 65.42(b)(5)
for storage vessels, or Sec. 65.83(a)(1) for low-throughput transfer
racks, as applicable. The owner or operator is not required to prepare
a design evaluation for the control device as described in paragraph
(b)(1)(i) of this section, if a performance test will be performed
which meets the following criteria:
(A) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1)
for transfer racks; and
(B) The performance test is submitted as part of the Initial
Compliance Status Report as specified in Sec. 65.165(b).
(2) A design evaluation or performance test is not required if the
owner or operator uses a combustion device meeting the criteria in
paragraph (b)(2)(i), (ii), (iii), or (iv) of this section and reports
as specified in Sec. 65.165(f).
(i) A boiler or process heater with a design heat input capacity of
44 megawatts (150 million British thermal units per hour) or greater.
(ii) A boiler or process heater burning hazardous waste for which
the owner or operator meets either of the following requirements:
(A) The boiler or process heater has been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H; or
(B) The boiler or process heater has certified compliance with the
interim status requirements of 40 CFR part 266, subpart H.
(iii) A hazardous waste incinerator for which the owner or operator
meets either of the following requirements:
(A) The incinerator has been issued a final permit under 40 CFR
part 270 and complies with the requirements of 40 CFR part 264, subpart
O; or
(B) The incinerator has certified compliance with the interim
status
[[Page 78337]]
requirements of 40 CFR part 265, subpart O.
(iv) A boiler or process heater into which the vent stream is
introduced with the primary fuel.
(3) Halogen reduction devices used for transfer racks. Unless a
design evaluation or performance test as required in the referencing
subpart was previously conducted and submitted for a halogen reduction
device following a combustion device for a low-throughput transfer
rack, the owner or operator shall either prepare and submit with the
Initial Compliance Status Report, as specified in Sec. 65.165(b), a
design evaluation that includes the information specified in paragraph
(b)(3)(i) of this section, or the results of the performance test as
described in paragraph (b)(3)(ii) or (iii) of this section. The
provisions of this paragraph (b)(3) apply to owners or operators using
a halogen reduction device following a combustion device to comply with
Sec. 65.83(b)(1).
(i) Design evaluation. The design evaluation shall include
documentation demonstrating that the halogen reduction device being
used achieves the required control efficiency during the reasonably
expected maximum transfer loading rate. This documentation is to
include a description of the gas stream that enters the halogen
reduction device, including flow and regulated material content. The
efficiency determination is to include consideration of all vapors,
gases, and liquids, other than fuels, received by the halogen reduction
device. This documentation shall be submitted with the Initial
Compliance Status Report as specified in Sec. 65.165(b).
(ii) Performance test. A performance test is acceptable to
demonstrate compliance with Sec. 65.83(b)(1) for low-throughput
transfer racks. The owner or operator is not required to prepare a
design evaluation for the halogen reduction device as described in
paragraph (b)(3)(i) of this section if a performance test will be
performed that meets the following criteria:
(A) The performance test demonstrates that the halogen reduction
device achieves greater than or equal to the required control
efficiency specified in Sec. 65.83(b)(1) for transfer racks; and
(B) The performance test meets the applicable performance test
requirements of Secs. 65.157 and 65.158, and the results are submitted
as part of the Initial Compliance Status Report as specified in
Sec. 65.165(b).
(iii) If the halogen reduction device used to comply with
Sec. 65.83(b)(1) for low-throughput transfer racks, is also used to
comply with Sec. 65.63(b)(1) for process vents, or Sec. 65.83(b)(1) for
high-throughput transfer racks, a performance test required by
Sec. 65.154(b) is acceptable to demonstrate compliance with
Sec. 65.83(b)(1) for low-throughput transfer racks. The owner or
operator is not required to prepare a design evaluation for the halogen
reduction device as described in paragraph (b)(3)(i) of this section,
if a performance test will be performed which meets the following
criteria:
(A) The performance test demonstrates that the halogen reduction
device achieves greater than or equal to the required control
efficiency specified in Sec. 65.83(b)(1) for transfer racks; and
(B) The performance test is submitted as part of the Initial
Compliance Status Report as specified in Sec. 65.165(b).
(c) Nonflare control device monitoring requirements. (1) Unless
previously established under an applicable standard prior to the
implementation date of this part as specified in Sec. 65.1(f), the
owner or operator shall submit with the Initial Compliance Status
Report a monitoring plan containing the information specified in
Sec. 65.165(b) to identify the parameters that will be monitored to
assure proper operation of the control device. The owner or operator of
a halogenated low-throughput transfer rack vent stream routed to a
combustion device and then to a halogen reduction device to meet the
specifications of Sec. 65.83(b)(1) shall submit with the Initial
Compliance Status Report a monitoring plan containing the information
specified in Sec. 65.165(b) to identify the parameters that will be
monitored to assure proper operation of the halogen reduction device.
(2) The owner or operator shall monitor the parameters specified in
the Initial Compliance Status Report or in the operating permit.
Records shall be generated as specified in Sec. 65.163(b)(1).
Sec. 65.146 Nonflare control devices used for equipment leaks only.
(a) Equipment and operating requirements. (1) Owners or operators
using a nonflare control device to meet the applicable requirements in
Sec. 65.115(b) shall meet the requirements of this section.
(2) Control devices used to comply with the provisions of this
subpart shall be operated at all times when emissions are vented to
them.
(b) Performance test requirements. A performance test is not
required for any nonflare control device used only to control emissions
from equipment leaks.
(c) Monitoring requirements. Owners or operators of control devices
that are used only to comply with the provisions of Sec. 65.115(b)
shall monitor these control devices to ensure that they are operated
and maintained in conformance with their design. The owner or operator
shall maintain the records as specified in Sec. 65.163(d).
Sec. 65.147 Flares.
(a) Flare equipment and operating requirements. Flares subject to
this subpart shall meet the performance requirements of paragraphs
(a)(1) through (7) of this section.
(1) Flares shall be operated at all times when emissions are vented
to them.
(2) Flares shall be designed for and operated with no visible
emissions as determined by the methods specified in paragraph (b)(3)(i)
of this section, except for periods not to exceed a total of 5 minutes
during any 2 consecutive hours.
(3) Flares shall be operated with a flare flame or at least one
pilot flame present at all times, as determined by the methods
specified in paragraph (c) of this section.
(4) An owner/operator has the choice of adhering to either the heat
content specifications in paragraph (a)(4)(ii) of this section and the
maximum tip velocity specifications in paragraph (a)(6) of this
section, or adhering to the requirements in paragraph (a)(4)(i) of this
section.
(i)(A) Flares shall be used that have a diameter of 3 inches or
greater, are nonassisted, have a hydrogen content of 8.0 percent (by
volume), or greater, and are designed for and operated with an exit
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity,
Vmax, as determined by Equation 147-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.008
Where:
Vmax = Maximum permitted velocity, m/sec.
K1 = Constant, 6.0 volume-percent hydrogen.
K2 = Constant, 3.9 (m/sec)/volume-percent hydrogen.
XH2 = The volume-percent of hydrogen, on a wet basis, as
calculated by using the American Society for Testing and Materials
(ASTM) Method D1946-77 (incorporated by reference as specified in
Sec. 65.13).
(B) The actual exit velocity of a flare shall be determined by the
method specified in paragraph (b)(3)(iii) of this section.
(ii) Flares shall be used only when the net heating value of the
gas being combusted is 11.2 megajoules per standard cubic meter (300
British
[[Page 78338]]
thermal units per standard cubic foot) or greater if the flare is
steam-assisted or air-assisted, or when the net heating value of the
gas being combusted is 7.45 megajoules per standard cubic meter (200
British thermal units per standard cubic foot) or greater if the flare
is nonassisted. The net heating value of the gas being combusted shall
be determined by the methods specified in paragraph (b)(3)(ii) of this
section.
(5) Flares used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
(6) Steam-assisted and nonassisted flares shall be designed for and
operated with an exit velocity as determined by the methods specified
in paragraph (b)(3)(iii) of this section, less than 18.3 meters per
second (60 feet per sec) except as provided in the following two
paragraphs, as applicable:
(i) Steam-assisted and nonassisted flares shall be designed for and
operated with an exit velocity as determined by the methods specified
in paragraph (b)(3)(iii) of this section, equal to or less than 122
meters per second (400 feet per second) if the net heating value of the
gas being combusted is greater than 37.3 megajoules per standard cubic
meter (1,000 British thermal units per standard cubic foot).
(ii) Steam-assisted and nonassisted flares shall be designed for
and operated with an exit velocity as determined by the methods
specified in paragraph (b)(3)(iii) of this section, less than the
velocity, V max , and less than 122 meters per second (400 feet per
sec), where the maximum permitted velocity, Vmax, is
determined by Equation 147-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.009
Where:
Vmax = Maximum permitted velocity, meters per second.
28.8 = Constant.
31.7 = Constant.
HT = The net heating value as determined in paragraph
(b)(3)(ii) of this section.
(7) Air-assisted flares shall be designed for and operated with an
exit velocity as determined by the methods specified in paragraph
(b)(3)(iii) of this section, less than the velocity, Vmax,
where the maximum permitted velocity, Vmax, is determined by
Equation 147-3 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.010
Where:
Vmax = Maximum permitted velocity, meters per second.
8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph
(b)(3)(ii) of this section.
(b) Flare compliance determination. (1) Unless an initial flare
compliance determination of the flare was previously conducted and
submitted under the referencing subpart, the owner or operator shall
conduct an initial flare compliance determination of any flare used to
comply with the provisions of this subpart. Flare compliance
determination records shall be kept as specified in Sec. 65.159(a) and
(b) and a flare compliance determination report shall be submitted as
specified in Sec. 65.164. An owner or operator is not required to
conduct a performance test to determine percent emission reduction or
outlet regulated material or TOC concentration when a flare is used.
(2) Unless already permitted by the applicable title V permit, if
an owner or operator elects to use a flare to replace an existing
control device at a later date, the owner or operator shall notify the
Administrator, either by amendment of the regulated source's title V
permit or, if title V is not applicable, by submission of the notice
specified in Sec. 65.167(a). Upon implementing the change, a flare
compliance determination shall be performed using the methods specified
in paragraph (b)(3) of this section within 180 days. The compliance
determination report shall be submitted to the Administrator within 60
days of completing the determination as provided in Sec. 65.164(b)(2).
If an owner or operator elects to use a flare to replace an existing
final recovery device that is used on a Group 2A process vent, the
owner or operator shall comply with the applicable prov