[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.
65.6