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[[pp. 57797-57846]] Consolidated Federal Air Rule (CAR): Synthetic Organic Chemical
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 28, 1998 (Volume 63, Number 208)]
[Proposed Rules]
[Page 57797-57846]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc98-38]
[[pp. 57797-57846]] Consolidated Federal Air Rule (CAR): Synthetic Organic Chemical
Manufacturing Industry
[[Continued from page 57796]]
[[Page 57797]]
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 remain in effect. Owners and operators who
choose to comply with 40 CFR part 65, subpart F, must comply with 40
CFR part 65, subpart A.
(2) Comply on a SOCMI unit basis. When choosing to comply with any
subpart of 40 CFR part 65 for any equipment, process vent, loading rack
(transfer rack) or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks), or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in
40 CFR 65.2 of 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,'' ``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.
* * * * *
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgement and standards such as ANSI
B31-3.
* * * * *
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.
* * * * *
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 to 60.482-10 or 60.480(e) for all equipment within 180
days of initial startup.
* * * * *
9. Section 60.482-2 is amended by revising paragraphs (d)(1)(ii)
and (f), and adding paragraphs (g) and (h) to 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 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 the
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 requirements of
paragraph (a) 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.
(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 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 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).
(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 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 of this subpart.
12. Section 60.482-5 is amended by adding paragraph (b)(4) to read
as follows:
Sec. 60.482-5 Standards: Sampling connection systems.
* * * * *
(b) * * *
(4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (b)(4)(i), (b)(4)(ii), or
(b)(4)(iii) of this section.
(i) A waste management unit as defined in 40 CFR 63.111 of subpart
G, 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
[[Page 57798]]
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 60.482-10 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 seconds
at a minimum temperature of 816 deg.C.
* * * * *
15. 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
Emissions From the Polymer Manufacturing Industry
16. Section 60.560 is amended by adding paragraphs (j), (k), (l),
and (m) to read as follows:
Sec. 60.560 Applicability and designation of affected facilities.
* * * * *
(j) Alternative means of compliance--SOCMI CAR unit basis. 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 meet
the specifications in Sec. 60.562-1(a)(1)(i)(A), (a)(1)(i)(B), or
(a)(1)(i)(C) where control is required as determined in Sec. 60.562-
1(a)(1)(ii) and (a)(1)(iii), and that are part of a SOCMI CAR unit. 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 60.565(g)(1) and (l). A SOCMI CAR unit is defined in 40 CFR 65.2 of
subpart A. Other provisions applying to owners or operators who choose
to comply with 40 CFR part 65 are provided in 40 CFR 65.1 of subpart A.
(k) Alternative means of compliance--affected source basis. 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 meet
the specifications in Sec. 60.562-1(a)(1)(i)(A), (a)(1)(i)(B), or
(a)(1)(i)(C) where control is required as determined in Sec. 60.562-
1(a)(1)(ii) and (a)(1)(iii), and that are not part of a SOCMI CAR unit,
but that are located at the same plant site as a SOCMI CAR unit that is
complying with 40 CFR, part 65. 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 60.565(g)(1) and (l). A SOCMI
CAR unit is defined in 40 CFR 65.2 of subpart A. Other provisions
applying to owners or operators who choose to comply with 40 CFR part
65 are provided in 40 CFR 65.1 of subpart A.
(l) Part 60 subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart G, as provided in paragraphs (j) or (k) of
this section, must also comply with Secs. 60.1, 60.2, 60.5, 60.6,
60.14, 60.15, and 60.16, and 60.7(a)(1) and (a)(4) of subpart A for
those process vents. All sections and paragraphs of subpart A of this
part that are not mentioned in this paragraph 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 remain in effect. Owners and operators who choose to comply
with 40 CFR part 65, subpart G, must comply with 40 CFR part 65,
subpart A.
(m) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks) or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in
40 CFR 65.2 of subpart A.
17. Section 60.565 is amended by revising paragraphs (g)
introductory text and (l) 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. 60.560(k) or Sec. 60.562-1 shall keep up-to-
date, readily accessible records of:
* * * * *
(l) Each owner or operator subject to the provisions of this
subpart shall notify the Administrator of the specific provisions of
Secs. 60.562, 60.560(d), or 60.560(e), as applicable, with which the
owner or operator has elected to comply. Notification shall be
submitted with the notifications of initial startup required by
Sec. 60.7(a)(3) or 40 CFR 65.5(b) of subpart A. If an owner or operator
elects at a later date to use an alternative provision of Sec. 60.562
with which he or she will comply or becomes subject to Sec. 60.562 for
the first time [i.e., the owner or operator can no longer meet the
requirements of this subpart by complying with the uncontrolled
threshold emission rate cutoff provision in Sec. 60.560(d) or (e)],
then the owner or operator shall notify the Administrator 90 days
before implementing a change and, upon implementing a change, a
performance test shall be performed as specified in Sec. 60.564 or 40
CFR part 65, subpart A.
* * * * *
[[Page 57799]]
Subpart III--Standards of Performance for Volatile Organic Compound
(VOC) Emissions From the Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Air Oxidation Unit Processes
18. Section 60.610 is amended by adding paragraphs (d) and (e) to
read as follows:
Sec. 60.610 Applicability and designation of affected facility.
* * * * *
(d) Alternative means of compliance. 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
paragraph (c) of this section and Secs. 60.612 through 60.615 of this
subpart, except Sec. 60.615(a), as provided in paragraphs (d)(1),
(d)(2) and (e) 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 of subpart A.
(1) 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, 60.14, 60.15, 60.16, and 60.7(a)(1) and (a)(4) of subpart A
of this part for those process vents. All sections and paragraphs of
subpart A of this part that are not mentioned in this paragraph 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 remain in effect. Owners and operators who
choose to comply with 40 CFR part 65, subpart D, must comply with 40
CFR part 65, subpart A.
(2) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, transfer
rack or storage vessel in a SOCMI CAR unit, owners or operators must
also comply with all applicable subparts of 40 CFR part 65 for all
equipment, process vents, transfer racks or storage vessels that are
within the SOCMI CAR unit, that are subject to a CAR referencing
subpart, and that are eligible to comply with the CAR. A SOCMI CAR unit
and the CAR referencing subparts are defined in 40 CFR 65.2 of subpart
A.
(e) Compliance date. Owners or operators who choose to comply with
40 CFR part 65, subpart D at initial startup shall comply with
paragraph (d) 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
start-up, whichever date comes first.
19. Section 60.615 is amended by revising paragraph (a) to read as
follows:
Sec. 60.615 Reporting and recordkeeping requirements.
(a) Each owner or operator subject to Sec. 60.612 or Sec. 60.610(d)
shall notify the Administrator of the specific provisions of
Sec. 60.612 [Sec. 60.612 (a), (b), or (c)] or 40 CFR 65.63 of subpart D
[40 CFR 65.63 (a)(1), (a)(2), or (a)(3)] with which the owner or
operator has elected to comply. Notification shall be submitted with
the notification of initial start-up required by Sec. 60.7(a)(3) or 40
CFR 65.5(b) of subpart A as applicable. If an owner or operator elects
at a later date to use an alternative provision of Sec. 60.612 with
which he or she will comply, then the Administrator shall be notified
by the owner or operator 90 days before implementing a change and, upon
implementing the change, a performance test shall be performed as
specified by Sec. 60.614 within 180 days.
* * * * *
Subpart NNN--Standards of Performance for Volatile Organic Compound
Emissions from Synthetic Organic Chemical Manufacturing Industry
Distillation Operations
20. Section 60.660 is amended by adding paragraphs (d) and (e) to
read as follows:
Sec. 60.660 Applicability and designation of affected facility.
* * * * *
(d) Alternative means of compliance. 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
paragraph (c)(4) and (c)(6) of this section and Secs. 60.662 through
60.665 of this subpart, except Sec. 60.665(a), as provided in
paragraphs (d)(1), (d)(2) and (e). Other provisions applying to an
owner or operator who chooses to comply with 40 CFR part 65 are
provided in 40 CFR 65.1 of subpart A.
(1) 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, 60.14, 60.15, 60.16, and 60.7 (a)(1) and (a)(4) of subpart
A of this part for those process vents. All sections and paragraphs of
subpart A of this part that are not mentioned in this paragraph 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 remain in effect. Owners and operators who
choose to comply with 40 CFR part 65, subpart D, must comply with 40
CFR part 65, subpart A.
(2) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks), or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in
40 CFR 65.2 of subpart A.
(e) Compliance date. Owners or operators who choose to comply with
40 CFR part 65, subpart D, at initial startup shall comply with
paragraph (d) 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
start-up, whichever date comes first.
21. Section 60.665 is amended by revising paragraphs (a) and (l)(6)
to read as follows:
Sec. 60.665 Reporting and recordkeeping requirements.
(a) Each owner or operator subject to Secs. 60.662 or 60.660(d)
shall notify the Administrator or the specific provisions of
Sec. 60.662 [Sec. 60.662(a), (b), or (c)] or 40 CFR 65.63 of subpart D
[40 CFR 65.63(a)(1), (a)(2), or (a)(3)] with which the owner or
operator has elected to comply. Notification shall be submitted with
the notification of initial start-up required by Sec. 60.7(a)(3) or 40
CFR 65.5(b) of subpart A, as applicable. If an owner or operator elects
at a later date to use an alternative provision of Sec. 60.662 with
which he or she will comply, then the Administrator shall be notified
by the owner or operator 90 days before implementing a change and, upon
implementing the change, a performance test shall be performed as
specified by Sec. 60.664 no later than 180 days from initial start-up.
* * * * *
(l) * * *
(6) Any change in equipment or process operation, as recorded under
Sec. 60.665(j) 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
[[Page 57800]]
destination 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 E<INF>TOC</INF>.
The performance test is subject to the requirements of Sec. 60.8 of the
General Provisions. Unless the facility qualifies for an exemption
under the low flow exemption in Sec. 60.660(c)(6), the facility must
begin compliance with the requirements set forth in Secs. 60.662 or
60.660(d).
* * * * *
Subpart RRR--Standards of Performance for Volatile Organic Compound
Emissions From Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Reactor Processes
22. Section 60.700 is amended by adding paragraphs (d) and (e) to
read as follows:
Sec. 60.700 Applicability and designation of affected facility.
* * * * *
(d) Alternative means of compliance. 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
paragraphs (c)(2), (c)(4), and (c)(8) of this section and Secs. 60.702
through 60.705 of this subpart, except Sec. 60.705(a), as provided in
paragraphs (d)(1), (d)(2) and (e). Other provisions applying to an
owner or operator who chooses to comply with 40 CFR part 65 are
provided in 40 CFR 65.1, of subpart A.
(1) 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, 60.14, 60.15, 60.16, and 60.7(a)(1), (a)(2), and (a)(4) of
subpart A of this part for those process vents. All sections and
paragraphs of subpart A of this part that are not mentioned in this
paragraph 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 remain in
effect. Owners and operators who choose to comply with 40 CFR part 65,
subpart D, must comply with 40 CFR part 65, subpart A.
(2) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack), or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks), or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in
40 CFR 65.2, subpart A.
(e) Owners or operators who choose to comply with 40 CFR part 65,
subpart D at initial startup shall comply with paragraph (d) 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 start-up, whichever
date comes first.
23. Section 60.705 is amended by revising paragraphs (a) and (l)(5)
to read as follows:
Sec. 60.705 Reporting and recordkeeping requirements.
(a) Each owner or operator subject to Secs. 60.702 or 60.700(d)
shall notify the Administrator or the specific provisions of
Sec. 60.702 [Sec. 60.702(a), (b), or (c)] or 40 CFR 65.63 of subpart D
[40 CFR 65.63(a)(1), (a)(2), or (a)(3)] with which the owner or
operator has elected to comply. Notification shall be submitted with
the notification of initial start-up required by Sec. 60.7(a)(3) or 40
CFR 65.5(b) of subpart A, as applicable. If an owner or operator elects
at a later date to use an alternative provision of Sec. 60.702 with
which he or she will comply, then the Administrator shall be notified
by the owner or operator 90 days before implementing a change and, upon
implementing the change, a performance test shall be performed as
specified by Sec. 60.704 no later than 180 days from initial start-up.
* * * * *
(l) * * *
(5) Any change in equipment or process operation, as recorded under
Sec. 60.705(i), 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 of the General Provisions. Unless the facility qualifies for
an exemption under any of the exemption provisions listed in
Sec. 60.700(c), the facility must begin compliance with the
requirements set forth in Sec. 60.702 or Sec. 60.700(d).
* * * * *
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601 and
7602.
Subpart V--National Emission Standard for Equipment Leaks (Fugitive
Emission Sources)
2. Section 61.240 is amended by revising paragraph (a) and adding
paragraphs (d), (e), (f), (g), (h), and (i) 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--SOCMI CAR unit basis. Owners
or operators may choose to comply with 40 CFR part 65, to satisfy the
requirements of Secs. 61.242-1 through 61.247, as provided in
paragraphs (f) through (i) of this section, for all equipment that is
subject to this subpart and that is part of a SOCMI CAR unit. When
choosing to comply with 40 CFR part 65, the requirements of
Secs. 61.245(d), 61.246(i) and (j), and 61.247(a) and (f) still apply.
A SOCMI CAR unit is defined in 40 CFR 65.2 of subpart A. Other
provisions applying to owners or operators who choose to comply with 40
CFR part 65 are provided in 40 CFR 65.1 of subpart A.
(e) Alternative means of compliance--affected source basis. Owners
or operators may choose to comply with 40 CFR part 65, to satisfy the
requirements of Secs. 61.242-1 through 61.247, as provided in
paragraphs (f) through (i) of this section, for any equipment that is
subject to this subpart and that is not part of a SOCMI CAR unit, but
is located at the same plant site as a SOCMI CAR
[[Page 57801]]
unit that is complying with 40 CFR part 65. When choosing to comply
with 40 CFR part 65, the requirements of Secs. 61.245(d), 61.246(i) and
(j), and 61.247(a) and (f) still apply. A SOCMI CAR unit is defined in
40 CFR 65.2 of subpart A. Other provisions applying to owners or
operators who choose to comply with 40 CFR part 65 are provided in 40
CFR 65.1 of subpart A.
(f) Surge control vessels and bottoms receivers. For owners or
operators choosing to comply with 40 CFR part 65 as provided in
paragraphs (d) or (e) of this section, 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.
(g) Part 61 subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C or F, as provided in paragraphs (d) or
(e) of this section, must also comply with Secs. 61.01, 61.02, 61.05
through 61.08, 61.11, 61.15, and 61.10(b) through (d) of subpart A for
that equipment. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph do not apply to owners or
operators of equipment subject to this subpart complying with 40 CFR
part 65, subparts 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.
(h) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks) or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit the CAR referencing subparts are defined in 40
CFR 65.2 of subpart A.
(i) 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 as provided in paragraph (d) or (e) of this section.
Sec. 61.241 [Amended]
3. Section 61.241 is amended by revising the definitions of closed-
vent system and equipment, adding in alphabetical order the definitions
of duct work, hard-piping, maximum true vapor pressure, sampling
connection system, and surge control vessel, and removing the
definition of product accumulator vessel.
Sec. 61.241 Definitions.
* * * * *
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.
* * * * *
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgement and standards such as ANSI
B31-3.
* * * * *
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total organic HAP in the stored or 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 40 CFR 63.14 of
subpart A); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-83 (incorporated by reference as specified in 40 CFR 63.14
of subpart A); 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.
* * * * *
4. Section 61.242-2 is amended by redesignating paragraph (g) as
(h) and by revising paragraphs (a)(1), (d)(1)(ii), (d)(6)(iv), and (f),
and by adding paragraph (g), and by revising newly redesignated
paragraph (h) to 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
* * * * *
(6) * * *
(iv) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected. If there are indications of
liquids dripping from the pump seal or the sensor indicates failure of
the seal system, the barrier fluid system, or both based on the
criterion determined in paragraph (d)(5)(ii) of this section, a leak is
detected.
* * * * *
(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, a described in Sec. 65.246(f)(1),
as an unsafe-
[[Page 57802]]
to-monitor pump is exempt from the requirements of paragraph (a) 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.
(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.
5. 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 to a 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.
* * * * *
6. 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 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 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 of this subpart.
7. Section 61.242-5 is amended by revising paragraphs (a), (b)
introductory text, (b)(1), (b)(2), and (c), and adding paragraph (b)(4)
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, closed loop, or closed vent system, except
as provided in Sec. 61.242-1(c).
(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 (b)(3) of this
section:
(1) Return the purged process fluid directly to the process line;
or
(2) Collect and recycle the purged process fluid; or
* * * * *
(4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (b)(4)(i), (b)(4)(ii), or
(b)(4)(iii) of this section.
(i) A waste management unit as defined in Sec. 63.111 of 40 CFR
part 63, subpart G, 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.
(c) In-situ sampling systems and sampling systems without purges
are exempt from the requirements of paragraphs (a) and (b) of this
section.
8. 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.
9. Section 61.242-8 is amended by revising paragraph (a) to read as
follows:
Sec. 61.242-8 Standards: Pressure relief devices in liquid service and
flanges and other connectors.
(a) Pressure relief devices in liquid service and connectors shall
be monitored within 5 days by the method specified in Sec. 61.245(b) if
evidence of a potential leak is found by visual, audible, olfactory, or
any other detection method, except at provided in Sec. 61.242-1(c).
* * * * *
10. 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 and bottoms receiver shall be equipped
with a closed-vent system capable of capturing and transporting any
leakage from the vessel to a control device as described in
Sec. 61.242-11, except as provided in Sec. 61.242-1(c).
11. Section 61.242-11 is amended by redesignating paragraph (g) as
(m), redesignating paragraph (f)(3) as (g) introductory text and
revising it, by redesignating paragraph (f)(4) as (g)(1) and revising
it, by revising paragraphs (b), (c), and (f) and by adding paragraphs
(g)(2), (h), (i), (j), (k), and (l), and by revising newly redesignated
paragraph (m) to 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
[[Page 57803]]
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 paragraphs (f)(1) and (f)(2) of
this section.
(1) If the vapor collection system or closed vent system is
constructed of hard-piping, the owner or operator shall comply with the
requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this
section:
(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 or
paragraphs (f)(1)(i) and (f)(2) of this section.
(j) Any parts of the closed vent system that are designated, as
described in paragraph (k)(1) of this section, as unsafe-to-inspect are
exempt from the inspection requirements of paragraphs (f)(1)(i) and
(f)(2) of this section if they comply with the requirements specified
in paragraphs (j)(1) and (j)(2) of this section:
(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 paragraphs
(f)(1)(i) or (f)(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.
(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
(f)(2) of this section if they comply with the requirements specified
in paragraphs (k)(1) through (k)(3) of this section.
(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 process unit within which the closed vent system is located
is a new process unit, or the owner or operator designates less than
3.0 percent of the total number of closed vent system equipment as
difficult-to-inspect; and
(3) 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 information specified in
paragraphs (l)(1) through (l)(5) of this section.
(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. 60.486(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.
12. Section 61.246 is amended by revising paragraphs (f)
introductory text and (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. 61.242-27(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.
* * * * *
13. Section 61.247 is amended by revising paragraph (a)(3),
redesignating paragraph (a)(4) as paragraph (a)(5), and adding
paragraphs (a)(4) and (f) to 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 the effective date, 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 of
subpart A.
(4) For owners and operators complying with 40 CFR part 65,
subparts 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, subparts C or F are being implemented.
* * * * *
(f) For owners or operators choosing to comply with 40 CFR part 65,
subparts C or F an application for approval of construction or
modification, as required under Secs. 61.05 and 61.07 of subpart A will
not be required if:
(1) The new source complies with 40 CFR 65.106 through 65.115;
(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), the
information in Sec. 61.247(a)(5) is reported.
14. Tables 1 and 2 are added to part 61 at the end of subpart V. to
read as follows:
[[Page 57804]]
Table 1.--To Part 61, Subpart V. Surge Control Vessels and Bottoms
Receivers at Existing Sources
------------------------------------------------------------------------
Vapor pressure
Vessel capacity (cubic meters) \1\ (kilopascals)
------------------------------------------------------------------------
75 <ls-thn-eq> capacity < 151........................ <gr-thn-eq> 13.1
151 <ls-thn-eq> capacity............................. <gr-thn-eq> 5.2
------------------------------------------------------------------------
\1\ Maximum true vapor pressure as defined in Sec. 61.241 of this
subpart.
Table 2.--To Part 61, Subpart V. Surge Control Vessels and Bottoms
Receivers at New Sources
------------------------------------------------------------------------
Vapor pressure
Vessel capacity (cubic meters) \1\ (kilopascals)
------------------------------------------------------------------------
38 <ls-thn-eq> capacity < 151........................ <gr-thn-eq> 13.1
151 <ls-thn-eq> capacity............................. <gr-thn-eq> 0.7
------------------------------------------------------------------------
\1\ Maximum true vapor pressure as defined in Sec. 61.241 of this
subpart.
Subpart Y--National Emission Standard for Benzene Emissions from
Benzene Storage Vessels
15. Section 61.270 is amended by adding paragraphs (g), (h), (i),
and (j) to read as follows:
* * * * *
(g) Alternative means of compliance--SOCMI CAR unit basis. 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) and 61.274(a), as provided in paragraphs (i) and (j) of
this section, for all storage vessels that are subject to this subpart
and that are part of a SOCMI CAR unit. A SOCMI CAR unit is defined in
40 CFR 65.2 of subpart A. Other provisions applying to owners or
operators who choose to comply with 40 CFR part 65 are provided in 40
CFR 65.1 of subpart A.
(h) Alternative means of compliance--affected source basis. 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) and 61.274(a), as provided in paragraphs (i) and (j) of
this section, for any storage vessels that are subject to this subpart
and that are not part of a SOCMI CAR unit, but are located at the same
plant site as a SOCMI CAR unit that is complying with 40 CFR part 65. A
SOCMI CAR unit is defined in 40 CFR 65.2 of subpart A. Other provisions
applying to owners or operators who choose to comply with 40 CFR part
65 are provided in 40 CFR 65.1 of subpart A.
(i) Part 61 subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C, as provided in paragraphs (g) or (h) of
this section, must also comply with Secs. 61.01, 61.02, 61.05 through
61.08, 61.11, 61.15, and 61.10(b) through (d) of subpart A for those
storage vessels. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph 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
remain in effect. Owners and operators who choose to comply with 40 CFR
part 65, subpart C must comply with 40 CFR part 65, subpart A.
(j) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks) or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in
40 CFR 65.2 of subpart A.
16. Section 61.271 is amended by revising paragraph (d) 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) or (h) as follows:
(1) The owner or operator of each existing benzene storage vessel
shall meet the requirements of paragraph (a), (b), or (c) of this
section or Sec. 61.270(g) or (h) no later than 90 days after September
14, 1989 with the exceptions noted in paragraphs (a)(5) and (b)(5),
unless a waiver of compliance has been approved by the Administrator in
accordance with Sec. 61.11.
(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) or (h) prior to filling (i.e., roof is lifted off leg
supports) the storage vessel with benzene.
(3) The owner or operator of each benzene storage vessel upon which
construction commenced on or after July 28, 1988 and before September
14, 1989 shall meet the requirements of paragraph (a), (b), or (c) of
this section or Sec. 61.270(g) or (h) on September 14, 1989.
17. 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 Secs. 61.271 or 61.270(g) or (h). 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) of subpart A. 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
18. Section 61.300 is amended by revising paragraph (c) and adding
paragraphs (f), (g), (h), and (i) 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) through (i)
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--SOCMI CAR unit basis. 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, as provided in
paragraphs (h) and (i) of this section, for all tank truck or railcar
loading racks that are subject to this subpart and that are part of a
SOCMI CAR unit. Loading racks are referred to as transfer racks in 40
CFR part 65, subpart E. A SOCMI CAR unit is defined in 40 CFR 65.2 of
subpart A.
[[Page 57805]]
Other provisions applying to owners or operators who choose to comply
with 40 CFR part 65 are provided in 40 CFR 65.1 of subpart A. All
marine vessel loading racks shall comply with the provisions in
Secs. 65.302 through 65.306.
(g) Alternative means of compliance--affected source basis. 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, as provided in
paragraphs (h) and (i) of this section, for any tank trucks or railcar
loading racks that are subject to this subpart and that are not part of
a SOCMI CAR unit, but are located at the same plant site as a SOCMI CAR
unit that is complying with 40 CFR part 65. Loading racks are referred
to as transfer racks in 40 CFR part 65 of subpart E. A SOCMI CAR unit
is defined in 40 CFR 65.2 of subpart A. Other provisions applying to
owners or operators who choose to comply with 40 CFR part 65 are
provided in 40 CFR 65.1 of subpart A. All marine vessel loading racks
shall comply with Secs. 65.302 through 65.306.
(h) Part 61 subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart E, as provided in paragraphs (f) or (g) of
this section, must also comply with Secs. 61.01, 61.02, 61.05 through
61.08, 61.11, 61.15, and 61.10(b) through (d) of subpart A for those
loading racks. All sections and paragraphs of subpart A of this part
that are not mentioned in this paragraph 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 remain in effect. Owners and operators who choose to comply
with 40 CFR part 65, subpart E, must comply with 40 CFR part 65,
subpart A.
(i) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks) or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in
40 CFR 65.2, of subpart A.
PART 63--NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. 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 Synthetic Organic Chemical Manufacturing Industry
for Process Vents, Storage Vessels, Transfer Operations, and
Wastewater
2. Section 63.110 is amended by adding paragraphs (i), (j), and (k)
to read as follows:
Sec. 63.110 Applicability.
* * * * *
(i) Alternative means of compliance. Owners or operators of CMPU
that are subject to Sec. 63.100 of subpart F of this part may choose to
comply with the provisions of 40 CFR part 65 as provided in paragraphs
(i)(1), (i)(2), (i)(3), (j) and (k) of this section for all Group 1 and
Group 2 process vents, Group 1 storage vessels, and Group 1 transfer
operations 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, of subpart A. 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.
(1) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart
D satisfies the requirements of Secs. 63.113 through 63.118, 63.148,
63.151, and 63.152 of this subpart and the requirements of Secs. 63.102
and 63.103 of subpart F of this part.
(2) For Group 1 storage vessels, 40 CFR part 65, subpart C
satisfies the requirements of Secs. 63.119 through 63.123, 63.148,
63.151, and 63.152 of this subpart and the requirements of Secs. 63.102
and 63.103 of subpart F of this part.
(3) For Group 1 transfer racks, 40 CFR part 65, subpart E satisfies
the requirements of Secs. 63.126 through 63.130, 63.148, 63.151, and
63.152 of this subpart and the requirements of Secs. 63.102 and 63.103
of subpart F of this part.
(j) Part 63 subpart A. Owners or operators who choose to comply
with 40 CFR part 65, as provided in paragraph (i) of this section, must
also comply with the applicable general provisions of 40 CFR 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
subject 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 remain in effect. Owners and operators who
choose to comply with a subpart of 40 CFR part 65 must comply with 40
CFR part 65, subpart A.
(k) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack), or storage vessel in a CMPU, owners or operators
must also comply with all applicable subparts of 40 CFR part 65 for all
equipment, process vents, loading racks (transfer racks), or storage
vessels that are within the CMPU, that are subject to a CAR referencing
subpart, and that are eligible to comply with the CAR. A CMPU that is
subject to Sec. 63.100 of subpart F is a SOCMI CAR unit by definition.
A SOCMI CAR unit and the CAR referencing subparts are defined in 40 CFR
65.2, of subpart A.
3. Table 1A is added to subpart G, immediately after table 1, to
read as follows:
Table 1A. to Subpart G.--Applicable 40 CFR Part 63 General Provision
------------------------------------------------------------------------
40 CFR part 63 subpart A provisions for referencing 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)(v), (d)(4),(e), (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)<SUP>a, (b)(4)(ii), (b)(4)(iii), (b)(5)<SUP>a, (c),
(d).
Sec. 63.10(d)(4).
Sec. 63.12(b).
------------------------------------------------------------------------
<SUP>a The notifications specified in Secs. 63.9(b)(4)(i) and (b)(5) shall
be submitted at the times specified in 40 CFR part 65.
[[Page 57806]]
Subpart H--National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
4. Section 63.160 is amended by adding paragraph (g) to read as
follows:
Sec. 63.160 Applicability and designation of source.
* * * * *
(g) Alternative means of compliance. Owners or operators of
equipment that is subject to Sec. 63.100 of subpart F of this part may
choose to comply with the provisions of 40 CFR part 65 to satisfy the
requirements of Secs. 63.162 through 63.182 of this subpart and
Secs. 63.102 and 63.103 of subpart F of this part, as provided in
paragraphs (g)(1), (g)(2), and (g)(3). When choosing to comply with 40
CFR part 65, the requirements of Sec. 63.180(d) of this subpart remain
in effect. Other provisions applying to an owner or operator who
chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1, of
subpart A.
(1) Surge control vessels and bottoms receivers. For owners or
operators choosing to comply with 40 CFR part 65, each surge control
vessel and bottoms receiver subject to Sec. 63.100 of subpart F of this
part 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 of subpart F
of this part shall meet the requirements in 40 CFR part 65, subpart F.
(2) Part 63 Subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subparts C or F for equipment subject to
Sec. 63.100 of subpart F of this part must also comply with the
applicable general provisions of 40 CFR 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 of
this part complying with 40 CFR part 65, subparts C or F, except that
provisions required to be met prior to implementing 40 CFR part 65
remain in effect. Owners and operators who choose to comply with 40 CFR
part 65, subparts C or F, must comply with 40 CFR part 65, subpart A.
(3) Comply on a SOCMI CAR unit basis. When choosing to comply with
any subpart of 40 CFR part 65 for any equipment, process vent, loading
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or
operators must also comply with all applicable subparts of 40 CFR part
65 for all equipment, process vents, loading racks (transfer racks), or
storage vessels that are within the SOCMI CAR unit, that are subject to
a CAR referencing subpart, and that are eligible to comply with the
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in
40 CFR 65.2, of subpart A.
5. Table 4 is added 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 for referencing 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)(3)(v), (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)<SUP>a, (b)(4)(ii), (b)(4)(iii), (b)(5)<SUP>a, (c) and
(d).
Sec. 63.10(d)(4).
Sec. 63.12(b).
------------------------------------------------------------------------
<SUP>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.
6. 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.
65.12 Delegation of authority.
65.13 Incorporation by reference.
65.14 Addresses.
65.15--65.19 [Reserved].
TABLE 1 TO SUBPART A--APPLICABLE 40 CFR PARTS 60, 61, AND 63 GENERAL
PROVISIONS
Subpart B [Reserved]
Subpart C--Storage Vessels
Sec.
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
Sec.
65.60 Applicability.
65.61 Definitions.
65.62 Process vent group determination.
65.63 Performance and group status change requirements.
65.64 Group determination procedures.
65.65 Monitoring.
65.66 Recordkeeping provisions.
65.67 Reporting provisions.
65.68--65.79 [Reserved].
TABLE 1 TO SUBPART D--CONCENTRATION FOR GROUP DETERMINATION
TABLE 2 TO SUBPART D--TRE PARAMETERS FOR NSPS REFERENCING SUBPARTS
TABLE 3 TO SUBPART D--TRE PARAMETERS FOR HON REFERENCING SUBPARTS
Subpart E--Transfer Racks
Sec.
65.80 Applicability.
65.81 Definitions.
65.82 Design requirements.
65.83 Performance requirements.
65.84 Operating requirements.
65.85 Procedures.
65.86 Monitoring.
65.87 Recordkeeping provisions.
65.88--65.99 [Reserved].
Subpart F--Equipment Leaks
65.100 Applicability.
65.101 Definitions.
65.102 Alternative means of emission limitation.
65.103 Equipment identification.
65.104 Instrument and sensory monitoring for leaks.
65.105 Leak repair.
[[Page 57807]]
65.106 Standards: Valves in gas/vapor service and in light liquid
service.
65.107 Standards: Pumps in light liquid service.
65.108 Standards: Connectors in gas/vapor service and in light
liquid service.
65.109 Standards: Agitators in gas/vapor service and in light
liquid service.
65.110 Standards: Pumps, valves, connectors, and agitators in heavy
liquid service; pressure relief devices in liquid service; and
instrumentation systems.
65.111 Standards: Pressure relief devices in gas/vapor service.
65.112 Standards: Compressors.
65.113 Standards: Sampling connection systems.
65.114 Standards: Open-ended valves or lines.
65.115 Standards: Closed vent systems and control devices; or
emissions routed to a fuel gas system or process.
65.116 Quality improvement program for pumps.
65.117 Alternative means of emission limitation: Batch processes.
65.118 Alternative means of emission limitation: Enclosed-vented
process units.
65.119 Recordkeeping provisions.
65.120 Reporting provisions.
65.121--65.139 [Reserved].
TABLE 1 TO SUBPART F--BATCH PROCESS MONITORING FREQUENCY FOR
EQUIPMENT OTHER THAN CONNECTORS
Subpart G--Closed Vent Systems, Control Devices, and Routing to a Fuel
Gas System or a Process
65.140 Applicability.
65.141 Definitions.
65.142 Standards.
65.143 Closed vent systems.
65.144 Fuel gas systems and processes to which storage vessel,
transfer rack, or equipment leak regulated material emissions are
routed.
65.145 Nonflare control devices used to control emissions from
storage vessels or low-throughput transfer racks.
65.146 Nonflare control devices used for equipment leaks only.
65.147 Flares.
65.148 Incinerators.
65.149 Boilers and process heaters.
65.150 Absorbers used as control devices.
65.151 Condensers used as control devices.
65.152 Carbon adsorbers used as control devices.
65.153 Absorbers, condensers, carbon adsorbers, and other recovery
devices used as final recovery devices.
65.154 Halogen scrubbers and other halogen reduction devices.
65.155 Other control devices.
65.156 General monitoring requirements for control and recovery
devices.
65.157 Performance test and flare compliance determination
requirements.
65.158 Performance test procedures for control devices.
65.159 Flare compliance determination and monitoring records.
65.160 Performance test and TRE index value determination records.
65.161 Continuous records and monitoring system data handling.
65.162 Nonflare control and recovery device monitoring records.
65.163 Other records.
65.164 Performance test and flare compliance determination
notifications and reports.
65.165 Initial Compliance Status Reports.
65.166 Periodic reports.
65.167 Other reports.
65.168-65.169 [Reserved].
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
Sec. 65.1 Applicability.
(a) The provisions of this subpart apply to owners or operators
expressly referenced to this part from a subpart of 40 CFR part 60, 61,
or 63 for which the owner or operator has chosen to comply with the
provisions of this part as an alternative to the provisions in the
referencing subpart as specified in paragraphs (b) and (c) of this
section.
(b) Owners or operators choosing to comply with a subpart of this
part for any regulated source included in or assigned to a synthetic
organic chemical manufacturing industry (SOCMI) consolidated air rule
(CAR) unit must comply with all applicable subparts of this part for
all other regulated sources that are included in or assigned to that
SOCMI CAR unit and are subject to one of the referencing subparts. Any
sources that become subject to a referencing subpart and that are part
of a SOCMI CAR unit complying with this part must comply with this
part.
(c) Owners or operators may choose to comply with this part for any
regulated source that meets the specifications listed in paragraphs
(c)(1) and (c)(2) of this section.
(1) The regulated source is located at the same plant site as a
SOCMI CAR unit that is complying with this part, and
(2) The regulated source is subject to one of the following
subparts: 40 CFR part 60, subparts DDD, Ka, or Kb, or 40 CFR part 61
subparts V, Y, or BB.
(d) Compliance with this part instead of the referencing subparts
does not alter the applicability of the referencing subparts. This part
applies to only the equipment, process vents, storage vessels, or
transfer operations to which the referencing subparts apply. The CAR
does not extend applicability to equipment, process vents, storage
vessels, or transfer operations that are not regulated by the
referencing subpart.
(e) The provisions of 40 CFR part 60, subpart A, 40 CFR part 61,
subpart A, and 40 CFR part 63, subpart A that are listed in table 1 of
this part still apply to owners or operators of regulated sources
expressly referenced to this part. The owner or operator shall comply
with the provisions in table 1 of this subpart in the column
corresponding to the referencing subpart. All provisions of 40 CFR part
60, subpart A, 40 CFR part 61, subpart A, and 40 CFR part 63, subpart A
not expressly referenced in table 1 do not apply and the provisions of
this part apply instead, except that provisions which were required to
be met prior to implementation of part 65 remain in force.
(f) Implementation date. Owners or operators who choose to comply
with this part shall comply by the dates specified in paragraph (f)(1)
or (f)(2) of this section, as applicable, and shall meet the
requirement in paragraph (f)(3) of this section.
(1) Except as provided in paragraph (f)(2) of this section, owners
or operators shall implement this part as specified in an
implementation schedule established in a title V permit or, if the
source is not a title V source, by a date established by agreement with
the Administrator or delegated authority. The implementation schedule
shall be proposed by the source in a title V permit application or
amendment or, for non-title V sources, in the Initial Notification for
part 65 Applicability as specified in Sec. 65.5(c). The implementation
schedule can not extend for longer than 3 years.
(2) For SOCMI CAR units or regulated sources that will comply with
this part at initial startup instead of with the requirements of the
referencing subpart or subparts, the implementation date shall be at
initial startup or by the compliance date specified by the applicable
referencing subpart(s).
(3) There shall be no gaps in compliance between compliance with
the referencing subpart and compliance with this part.
(g) Transitioning out of this part. Owners or operators who decide
to no longer comply with this part and to comply with the provisions in
the referencing subpart instead, shall comply with paragraphs (g)(1)
through (g)(3) of this section, as applicable.
(1) This transition shall be carried out on a date established in a
title V permit or if the source is not a title V source, by a date
established by agreement with the Administrator or delegated authority.
The transition date shall be proposed in a title V permit amendment,
or, for non-title V sources, in a periodic report or separate notice.
(2) There shall be no gaps in compliance between compliance with
this part and compliance with the referencing subpart provisions.
[[Page 57808]]
(3) If an owner or operator decides to no longer comply with this
part for a regulated source in a SOCMI CAR unit, then the owner or
operator shall comply with the applicable referencing subparts for all
regulated sources that are part of that SOCMI CAR unit.
(h) Overlap with provisions of other subparts of this part. When
provisions of another subpart of this part conflict with the provisions
of this subpart, the provisions of the other subpart shall apply.
(i) Alternative to the assignment procedures.
(1) If an owner or operator has an elastomer product process unit
(EPPU), thermoplastic product process unit (TPPU), or a petroleum
refinery process unit (PRPU) that is subject to 40 CFR part 60 subpart
VV, III, NNN, or RRR, then the EPPU, TPPU, or PRPU is a SOCMI CAR unit,
and the assignment procedures in paragraphs (j), (l), and (m) of this
section need not be carried out. The assignment procedures in paragraph
(k) for transfer racks must be followed. An EPPU is defined in 40 CFR
part 63, subpart U. A TPPU is defined in 40 CFR part 63, subpart JJJ. A
PRPU is defined in 40 CFR part 63, subpart CC.
(2) If an owner or operator has a chemical manufacturing process
unit (CMPU) that is subject to 40 CFR 63.100 in subpart A or 40 CFR
part 60, subparts VV, III, NNN, or RRR, then the CMPU is a SOCMI CAR
unit, and the assignment procedures in paragraphs (j), (k), (l), and
(m) of this section need not be carried out.
(j) Storage vessel assignment procedures. The owner or operator
shall follow the procedures specified in paragraphs (j)(1) through
(j)(5) of this section to determine whether a storage vessel is part of
a SOCMI CAR unit.
(1) Where a storage vessel is dedicated to a SOCMI CAR unit, the
storage vessel shall be considered part of that SOCMI CAR unit.
(2) Where a storage vessel is not used by a SOCMI CAR unit it can
not be assigned to that SOCMI CAR unit.
(3) If a storage vessel is not dedicated to a SOCMI CAR unit, then
the assignment of the storage vessel shall be determined according to
the provisions in paragraphs (j)(3)(i) through (j)(3)(iii) of this
section.
(i) If a storage vessel is predominately used by a SOCMI CAR unit,
then that storage vessel shall be assigned to that SOCMI CAR unit. If a
storage vessel is predominately used by a process unit that is not a
SOCMI CAR unit or is not part of a SOCMI CAR unit, then that storage
vessel shall not be assigned to a SOCMI CAR unit. Predominant use shall
be determined as specified in paragraphs (j)(3)(i)(A) through
(j)(3)(i)(C) of this section.
(A) If the greatest input into a storage vessel is from a SOCMI CAR
unit that is located on the same plant site as that storage vessel,
then that SOCMI CAR unit has the predominant use.
(B) If the greatest input into the storage vessel is from a process
unit that is not a SOCMI CAR unit and that is located on the same plant
site as that storage vessel, then that process unit has the predominant
use.
(C) If the greatest input into the storage vessel is not from the
same plant site as the storage vessel, then the predominant use is the
process unit or SOCMI CAR unit on the same plant site that receives the
greatest amount of material from the storage vessel.
(ii) If a storage vessel is shared among process units and SOCMI
CAR units so that there is no single predominant use, the storage
vessel shall be considered part of a SOCMI CAR unit unless the storage
vessel has been assigned under a subpart of 40 CFR part 63 to a process
unit that is not a SOCMI CAR unit. In these cases, the storage vessel
shall be assigned as specified in the subpart of 40 CFR part 63. If a
storage vessel is shared among more than one SOCMI CAR unit, the owner
or operator may assign the storage vessel to any of the SOCMI CAR
units.
(iii) If the predominant use of a storage vessel varies from year
to year, then the assignment of the storage vessel shall be determined
based on the utilization that occurred during the year preceding the
date of the Title V permit establishing the implementation schedule
specified in paragraph (f)(1) of this section, or the date of the
initial notification of part 65 Applicability specified in paragraph
(f)(1) of this section. This determination shall be reported as part of
an operating permit application or as otherwise specified by the
permitting authority.
(4) Where a storage vessel is located in a tank farm (including a
marine tank farm), the assignment of the storage vessel shall be
determined according to the provisions in paragraphs (j)(4)(i) through
(j)(4)(iii) of this section. If a plant site does not include a SOCMI
CAR unit, a storage vessel in a tank farm associated with a plant site
can not be assigned to a SOCMI CAR unit.
(i) The storage vessel may only be assigned to a SOCMI CAR unit
that utilizes the storage vessel and does not have an intervening
storage vessel for that product (or raw material, as appropriate). With
respect to any process unit or SOCMI CAR unit, an intervening storage
vessel means a storage vessel connected by hard-piping to the process
unit or SOCMI CAR unit and to the storage vessel in the tank farm so
that product or raw material entering or leaving the process unit or
SOCMI CAR unit flows into (or from) the intervening storage vessel and
does not flow directly into (or from) the storage vessel in the tank
farm.
(ii) If there is only one SOCMI CAR unit and no process unit at the
plant site that meets the criteria of paragraph (j)(4)(i) of this
section with respect to a storage vessel located at a tank farm, the
storage vessel shall be assigned to that SOCMI CAR unit.
(iii) If there are two or more process units and/or SOCMI CAR units
at the plant site that meet the criteria of paragraph (j)(4)(i) of this
section with respect to a storage vessel located at a tank farm,
whether the storage vessel is assigned to a SOCMI CAR unit shall be
determined according to the provisions of paragraph (j)(3) of this
section. The predominant use shall be determined among only those
process units and SOCMI CAR units that meet the criteria of paragraph
(j)(4)(i) of this section.
(5) If a storage vessel begins to receive material from (or send
material to) another process unit or SOCMI CAR unit, or ceases to
receive material from (or send material to) a SOCMI CAR unit, or if the
assignment of the storage vessel has been determined according to the
provisions of paragraph (j)(3) of this section and there is a change so
that the predominant use may reasonably have changed, the owner or
operator shall reevaluate the assignment of the storage vessel, and
reassign if necessary.
(k) Transfer rack assignment procedures. The owner or operator
shall follow the procedures specified in paragraphs (k)(1) through
(k)(4) of this section to determine whether the arms and hoses in a
transfer rack are part of a SOCMI CAR unit.
(1) Where a transfer rack is dedicated to a SOCMI CAR unit, the
transfer rack shall be considered part of that SOCMI CAR unit.
(2) Where a transfer rack is not used by a SOCMI CAR unit it can
not be assigned to a SOCMI CAR unit.
(3) If a transfer rack is not dedicated to a SOCMI CAR unit, then
the assignment of the transfer rack shall be determined at each
transfer arm or transfer hose according to the provisions in paragraphs
(k)(3)(i) through (k)(3)(iv) of this section.
(i) Each transfer arm or transfer hose that is dedicated to the
transfer of liquid material from a SOCMI CAR unit is part of that SOCMI
CAR unit.
(ii) If a transfer arm or transfer hose is shared among SOCMI CAR
units and/
[[Page 57809]]
or process units, and one of the SOCMI CAR units provides the greatest
amount of the material that is loaded by that transfer arm or transfer
hose, then the transfer arm or transfer hose is part of that SOCMI CAR
unit. If a process unit that is not a SOCMI CAR unit or is not part of
a SOCMI CAR unit provides the greatest amount of the material that is
loaded by a transfer arm or transfer hose, then that transfer arm or
transfer hose is not part of a SOCMI CAR unit.
(iii) If a transfer arm or transfer hose is shared among process
units and SOCMI CAR units so that there is no single predominant use as
described in paragraph (k)(2)(ii) of this section, then that transfer
arm or hose shall be considered part of the SOCMI CAR unit unless the
transfer arm or transfer hose has been assigned under a 40 CFR part 63
subpart to a process unit that is not a SOCMI CAR unit. In these cases,
the transfer arm or transfer hose shall be assigned as specified in the
40 CFR part 63 subpart. If a transfer arm or transfer hose is shared
among more than one SOCMI CAR unit, the owner or operator may assign
the transfer arm or transfer hose to any of the SOCMI CAR units.
(iv) If the predominant use of a transfer arm or transfer hose
varies from year to year, then the assignment of the transfer arm or
transfer hose shall be determined based on the utilization that
occurred during the year preceding the date of the Title V permit
establishing the implementation schedule specified in paragraph (f)(1)
of this section, or the date of the initial notification of part 65
Applicability specified in paragraph (f)(1) of this section. This
determination shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
(4) If a transfer rack that was dedicated to a single process unit
or SOCMI CAR unit begins to serve another process unit or SOCMI CAR
unit, or if assignment was determined under the provisions of paragraph
(k)(3) of this section and there is a change so that the predominant
use may reasonably have changed, the owner or operator shall reevaluate
the assignment of the transfer rack, transfer arm or transfer hose, and
reassign if necessary.
(l) Process vent assignment procedures. The owner or operator shall
follow the procedures specified in paragraphs (l)(1) through (l)(4) of
this section to determine whether the process vent(s) from a
distillation unit is/are part of a SOCMI CAR unit.
(1) Where a distillation unit is dedicated to SOCMI CAR unit, the
process vents from that distillation unit shall be considered part of
that SOCMI CAR unit.
(2) If a distillation unit is not used by a SOCMI CAR unit, the
process vents from that distillation unit can not be assigned to a
SOCMI CAR unit.
(3) If a distillation unit is not dedicated to a single SOCMI CAR
unit, then the assignment of the process vents from that distillation
unit shall be determined according to the provisions in paragraphs
(l)(3)(i) through (l)(3)(iv) of this section.
(i) If the greatest input to the distillation unit is from a SOCMI
CAR unit located on the same plant site, then the process vents from
that distillation unit shall be assigned to that SOCMI CAR unit.
(ii) If the greatest input to the distillation unit is not provided
from a process unit or SOCMI CAR unit that is located on the same plant
site, then the process vents from the distillation unit shall be
assigned to the SOCMI CAR unit located at the same plant site that
receives the greatest amount of material from the distillation unit,
unless a non-SOCMI process unit receives the greatest amount of
material from the distillation unit. In this case, the process vents
from the distillation unit shall not be assigned to a SOCMI CAR unit.
(iii) If a distillation unit is shared among process units and
SOCMI CAR units so that there is no single predominant use, as
described in paragraphs (l)(3)(i) and (l)(3)(ii) of this section, the
process vents from the distillation unit shall be considered to be part
of the SOCMI CAR unit unless the distillation unit has been assigned
under a 40 CFR part 63 subpart to a process unit that is not a SOCMI
CAR unit. In these cases, the process vents from the distillation unit
shall be assigned as specified in the 40 CFR part 63 subpart. If a
distillation unit is shared among more than one SOCMI CAR unit, the
owner or operator may assign the process vents from the distillation
unit to any of the CAR units.
(iv) If the predominant use of a distillation unit varies from year
to year, then the assignment of the distillation unit shall be
determined based on the utilization that occurred during the year
preceding the date of the Title V permit establishing the
implementation schedule specified in paragraph (f)(1) of this section,
or the date of the initial notification of part 65 Applicability
specified in paragraph (f)(1) of this section. This determination shall
be included as part of an operating permit application or as otherwise
specified by the permitting authority.
(4) If a distillation unit begins to serve another process unit or
SOCMI CAR unit, or if assignment of the distillation unit was
determined under the provisions of paragraph (l)(3) of this section and
there is a change so that the predominant use may reasonably have
changed, the owner or operator shall reevaluate the assignment of the
process vents from the distillation unit, and reassignment if
necessary.
(m) Equipment assignment procedures. If specific items of equipment
(pumps, compressors, agitators, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, connectors,
instrumentation systems, surge control vessels, and bottoms receivers),
that are part of a SOCMI CAR unit complying with this part, are managed
by different administrative organizations (for example, different
companies, affiliates, departments, divisions, etc.) those items of
equipment may be aggregated with any SOCMI CAR unit within the plant
site.
Sec. 65.2 Definitions.
All terms used in this part shall have the meaning given them in
the Act and in this section. If a term is defined both in this section
and in other parts that reference the use of this part, the term shall
have the meaning given in this section for purposes of this part.
Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or his or her authorized
representative (for example, a State that has been delegated the
authority to implement the provisions of this part).
Alternative test method means any method of sampling and analyzing
for an air pollutant that is not a reference test or equivalent method
and that has been demonstrated to the Administrator's satisfaction,
using Method 301 in Appendix A of 40 CFR part 63 or approved by the
Administrator prior to [date of publication of final rule in the
Federal Register] to produce results adequate for the Administrator's
determination that it may be used in place of a test method specified
in this part.
Approved permit program means a State permit program approved by
the Administrator as meeting the requirements of part 70 of this
chapter or a Federal permit program established in this chapter
pursuant to title V of the Act (42 U.S.C. 7661).
Automated monitoring and recording system means any means of
measuring values of monitored parameters and creating a hard copy or
computer record of the measured values that does not require manual
reading of monitoring instruments and manual transcription of
[[Page 57810]]
data values. Automated monitoring and recording systems include, but
are not limited to, computerized systems and strip charts.
Batch process means a process in which the equipment is fed
intermittently or discontinuously. Processing then occurs in this
equipment after which the equipment is generally emptied. Examples of
industries that use batch processes include pharmaceutical production
and pesticide production.
Batch product-process equipment train means the collection of
equipment (for example, connectors, reactors, valves, pumps) configured
to produce a specific product or intermediate by a batch process.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater. Boiler also means any industrial furnace as defined in 40 CFR
260.10.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
By compound means by individual stream components, not carbon
equivalents.
Car-seal means a seal that is placed on a device that is used to
change the position of a valve (for example, from opened to closed) in
such a way that the position of the valve cannot be changed without
breaking the seal.
Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented to the atmosphere except through
a closed vent system.
Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Closed vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device. A closed vent system does not
include the vapor collection system that is part of any tank truck or
railcar or the loading arm or hose that is used for vapor return. For
transfer racks, the closed vent system begins at, and includes, the
first block valve on the downstream side of the loading arm or hose
used to convey displaced vapors.
Closed vent system shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
material from a closed vent system or part of a closed vent system
consistent with safety constraints and during which repairs can be
effected. An unscheduled work practice or operational procedure that
stops production from a process unit or part of a process unit for less
than 24 hours is not a closed vent system shutdown. An unscheduled work
practice or operational procedure that would stop production from a
process unit or part of a process unit for a shorter period of time
than would be required to clear the closed vent system or part of the
closed vent system of materials and start up the unit, and would result
in greater emissions than delay of repair of leaking components until
the next scheduled closed vent system shutdown, is not a closed vent
system shutdown. The use of spare equipment and technically feasible
bypassing of equipment without stopping production are not closed vent
system shutdowns.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
Compliance date means the date by which a regulated source is
required to be in compliance with a relevant standard, limitation,
prohibition, or any federally enforceable requirement established by
the Administrator (or a State with an approved permit program) pursuant
to the Act.
Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined (for example, porcelain, glass,
or glass-lined) as described in Sec. 65.108(e)(2) of subpart F of this
part.
Continuous parameter monitoring system or CPMS means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part used to sample, condition (if
applicable), analyze, and provide a record of process or control system
parameters.
Continuous record means documentation, either in hard copy or
computer-readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 65.161(a) of
subpart G of this part.
Continuous seal means a seal that is designed to form a continuous
closure that completely covers the space between the wall of the
storage vessel and the edge of the floating roof. A continuous seal may
be a vapor-mounted, liquid-mounted, or metallic shoe seal. A continuous
seal may be constructed of fastened segments so as to form a continuous
seal.
Control device means any combustion device, recovery device,
recapture device, or any combination of these devices used to comply
with this part. Such equipment or devices include, but are not limited
to, absorbers, carbon adsorbers, condensers, incinerators, flares,
boilers, and process heaters. For process vents (as defined in this
section), recapture devices are considered control devices but recovery
devices are not considered control devices except for the recovery
devices specified in Sec. 65.63(a)(2)(ii). A fuel gas system is not a
control device. For a steam stripper, a primary condenser is not
considered a control device.
Control System means the combination of the closed vent system and
the control devices used to collect and control vapors or gases from a
regulated source.
Day means a calendar day.
Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
Ductwork means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Emission point means an individual process vent, storage vessel,
transfer rack, wastewater stream, or equipment leak.
Empty or emptying means the removal of the stored liquid from a
storage vessel. Storage vessels where stored liquid is left on the
walls, as bottom clingage, or in pools due to bottom irregularities are
considered empty. Lowering of the stored liquid level, so that the
floating roof is resting on its legs, as necessitated by normal vessel
operation (for example, when changing stored material or when
transferring material out of the vessel for shipment) is not considered
emptying.
Equipment means each of the following that is subject to control
under the referencing subpart: pump, compressor, agitator, pressure
relief device, sampling connection system, open-ended valve or line,
valve, connector, and instrumentation system;
[[Page 57811]]
and any control devices or systems used to comply with subpart F of
this part.
Equivalent method means any method of sampling and analyzing for an
air pollutant that has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method under specified conditions.
External floating roof or EFR means a pontoon-type (noncontact) or
double-deck-type (contact) roof that is designed to rest on the stored
liquid surface in a storage vessel with no fixed roof.
Failure, EFR (referred to as EFR failure) is defined as any time
the external floating roof's primary seal has holes, tears, or other
openings in the shoe, seal fabric, or seal envelope; or the secondary
seal has holes, tears, or other openings in the seal or the seal
fabric; or the gaskets no longer close off the stored liquid surface
from the atmosphere; or a slotted membrane has more than 10 percent
open area.
Failure, internal floating roof type A (referred to as IFR type A
failure) means any time, as determined during visual inspection through
roof hatches, in which the internal floating roof is not resting on the
surface of the stored liquid inside the storage vessel and is not
resting on the leg supports; or there is stored liquid on the floating
roof; or there are holes, tears, or other openings in the seal or seal
fabric; or there are visible gaps between the seal and the wall of the
storage vessel.
Failure, internal floating roof type B (referred to as IFR type B
failure) means any time, as determined during internal inspections, the
internal floating roof's primary seal has holes, tears, or other
openings in the seal or the seal fabric; or the secondary seal (if one
has been installed) has holes, tears, or other openings in the seal or
the seal fabric; or the gaskets no longer close off the stored liquid
surface from the atmosphere; or a slotted membrane has more than 10
percent open area.
Fill or filling means the introduction of liquids into a storage
vessel, but not necessarily to complete capacity.
First attempt at repair, for the purposes of subparts F and G of
this part, means to take action for the purpose of stopping or reducing
leakage of organic material to the atmosphere, followed by monitoring
as specified in Sec. 65.104(b) of subpart F of this part and
Sec. 65.143(c) of subpart G of this part, as appropriate, to verify
whether the leak is repaired unless the owner or operator determines by
other means that the leak is not repaired.
Fixed roof means a roof that is mounted (for example, permanently
affixed) on a storage vessel in a stationary manner and that does not
move with fluctuations in stored liquid level.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Floating roof means a roof consisting of an external floating roof
or an internal floating roof that is designed to rest upon and is
supported by the stored liquid, and is equipped with a continuous seal.
Flow indicator means a device that indicates whether gas flow is
present in a line, or whether the valve position would allow gas flow
to be present in a line.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
Group 1 process vent means a process vent for which the flow rate
is greater than or equal to 0.011 standard cubic meter per minute (0.39
cubic feet per minute); the total concentration is greater than or
equal to the appropriate value in table 1 of subpart D of this part,
and the total resource effectiveness index value, calculated according
to Sec. 65.64(h) of subpart D of this part is less than or equal to
1.0.
Group 2A process vent means a process vent that is not Group 1 or
Group 2B for which monitoring and recordkeeping are required to
demonstrate a total resource effectiveness index value greater than
1.0.
Group 2B process vent means a process vent that is not Group 1 or
Group 2A for which monitoring and recordkeeping are not required to
demonstrate a total resource effectiveness index value greater than
4.0, or which are exempt from control requirements due to the vent
stream's flow rate, regulated material concentration, or total resource
effectiveness index value.
Halogenated vent stream or halogenated stream means, for purposes
of this part, a vent stream determined to be halogenated by the
procedures specified in Sec. 65.83(b)(3) of subpart E of this part for
transfer racks and in Sec. 65.64(g) of subpart D of this part for
process vents, as applicable.
Halogens and hydrogen halides means hydrogen chloride (HCl),
chlorine (Cl<INF>2</INF>), hydrogen bromide (HBr), bromine
(Br<INF>2</INF>), and hydrogen fluoride (HF).
Hard-piping means pipe or tubing that is manufactured and installed
using good engineering judgment and standards, such as American
National Standards Institute (ANSI) B31-3.
In food/medical service means that a piece of equipment in
regulated material service contacts a process stream used to
manufacture a Food and Drug Administration-regulated product where
leakage of a barrier fluid into the process stream would cause any of
the following:
(1) A dilution of product quality so that the product would not
meet written specifications;
(2) An exothermic reaction that is a safety hazard;
(3) The intended reaction to be slowed down or stopped; or
(4) An undesired side reaction to occur.
In gas/vapor service means that a piece of equipment in regulated
material service contains a gas or vapor when in operation.
In heavy liquid service means that a piece of equipment in
regulated material service is not in gas/vapor service or in light
liquid service.
In light liquid service means that a piece of equipment in
regulated material service contains a liquid that meets the following
conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 deg.C (0.04 pounds per square inch
at 68 deg.F);
(2) The total concentration of the pure organic compound
constituents having a vapor pressure greater than 0.3 kilopascals at 20
deg.C (0.04 pounds per square inch at 68 deg.F) is equal to or
greater than 20 percent by weight of the total process stream; and
(3) The fluid is a liquid at operating conditions. (Note: Vapor
pressures may be determined by standard reference texts or American
Society for Testing and Materials (ASTM) D-2879.)
In liquid service means that a piece of equipment in regulated
material service is not in gas/vapor service.
In regulated material service means, for the purposes of the
equipment leak provisions of subpart F of this part, equipment which
meets the definition of ``in volatile organic compound service'', ``in
volatile hazardous air pollutant service'', ``in benzene service'',
``in vinyl chloride service'', or ``in organic hazardous air pollutant
service'' as defined in the referencing subpart.
[[Page 57812]]
In-situ sampling systems means nonextractive samplers or in-line
samplers.
In vacuum service means that equipment is operating at an internal
pressure that is at least 5 kilopascals (0.7 pounds per square inch)
below ambient pressure.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section present is
not physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by
ducts or connections carrying flue gas. This energy recovery section
limitation does not apply to an energy recovery section used solely to
preheat the incoming vent stream or combustion air.
Initial startup means, for new or reconstructed sources, the first
time the source begins production. For additions or changes not defined
as a new source by an applicable referencing subpart, initial startup
means the first time additional or changed equipment is put into
operation. Initial startup does not include operation solely for
testing equipment. Initial startup does not include subsequent startup
(as defined in this section) of process units following malfunctions or
process unit shutdowns. Except for equipment leaks, initial startup
also does not include subsequent startups (as defined in this section)
of process units following changes in product for flexible operation
units or following recharging of equipment in batch operation.
Instrumentation system means a group of equipment components used
to condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(for example, composition, pressure, flow). Valves and connectors are
the predominant type of equipment used in instrumentation systems;
however, other types of equipment may also be included in these
systems. Only valves nominally 0.5 inches and smaller in diameter, and
connectors nominally 0.75 inches and smaller in diameter are considered
instrumentation systems for the purposes of subpart F of this part.
Internal floating roof or IFR means a roof that is designed to rest
or float on the stored liquid surface (but not necessarily in complete
contact with it) inside a storage vessel that has a fixed roof.
Liquid-mounted seal means a foam-or liquid-filled continuous seal
mounted in contact with the stored liquid.
Liquids dripping means any visible leakage from a seal including
dripping, spraying, misting, clouding, and ice formation. Indications
of liquids dripping include puddling or new stains that are indicative
of an existing evaporated drip.
Loading cycle means the time period from the beginning of filling a
tank truck or railcar until flow to the control device ceases as
determined by the flow indicator.
Low-throughput transfer racks means those transfer racks that
transfer less than a total of 11.8 million liters per year (3.12
million gallons per year) of liquid containing regulated material.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, monitoring
equipment, process equipment, or a process to operate in a normal or
usual manner. Failures that are caused in part by poor maintenance or
careless operation are not malfunctions. Malfunctions that do not
affect a regulated source or compliance with this part are not
malfunctions for purposes of this part.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage vessel by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
Nonautomated monitoring and recording system means manual reading
of values measured by monitoring instruments and manual transcription
of those values to create a record. Nonautomated systems do not include
strip charts.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a
process unit shutdown.
One-hour period means the 60-minute period commencing on the hour.
Onsite or on-site means, with respect to records required to be
maintained by this part, that the records are stored at a location
within a plant site that encompasses the regulated source. Onsite
includes, but is not limited to, storage at the regulated source to
which the records pertain, or storage in central files elsewhere at the
plant site.
Open-ended valve or line means any valve except relief valves
having one side of the valve seat in contact with process fluid and one
side open to the atmosphere, either directly or through open piping.
Organic monitoring device means a device used to indicate the
concentration level of organic compounds based on a detection principle
such as infrared, photo ionization, or thermal conductivity.
Owner or operator means any person who owns, leases, operates,
controls, or supervises a regulated source or a stationary source of
which a regulated source is a part.
Part 70 permit means any permit issued, renewed, or revised
pursuant to part 70 of this chapter.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified
in the performance test section of the relevant standard.
Permit program means a comprehensive State operating permit system
established pursuant to title V of the Act (42 U.S.C. 7661) and
regulations codified in part 70 of this chapter and applicable State
regulations, or a comprehensive Federal operating permit system
established pursuant to title V of the Act and regulations codified in
part 71 of this chapter.
Permitting authority means one of the following:
(1) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to carry
out a permit program under part 70 of this chapter; or
(2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this
chapter.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Polymerizing monomer means for purposes of this part, a compound
which may form polymer buildup in pump mechanical seals resulting in
rapid mechanical seal failure.
Pressure release means the emission of materials resulting from
the system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period.
Pressure relief device or valve means a device used to prevent
operating pressures from exceeding the maximum allowable working
pressure of the
[[Page 57813]]
process equipment. A common pressure relief device is a spring-loaded
pressure relief valve. Devices that are actuated either by a pressure
of less than or equal to 2.5 pounds per square inch gauge or by a
vacuum are not pressure relief devices.
Primary fuel means the fuel that provides the principal heat input
to the device. To be considered primary, the fuel must be able to
sustain operation without the addition of other fuels.
Process heater means an enclosed combustion device that transfers
heat liberated by burning fuel directly to process streams or to heat
transfer liquids other than water. A process heater may, as a secondary
function, heat water in unfired heat recovery sections.
Process unit means the equipment specified in the definitions of
process unit or chemical manufacturing process unit in the applicable
referencing subpart. If the referencing subpart does not define process
unit, then, for the purposes of this part, process unit means the
equipment assembled and connected by pipes or ducts to process raw
materials and to manufacture an intended product.
Process unit shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
material from a process unit or part of a process unit consistent with
safety constraints and during which repairs can be effected. An
unscheduled work practice or operational procedure that stops
production from a process unit or part of a process unit for less than
24 hours is not a process unit shutdown. An unscheduled work practice
or operational procedure that would stop production from a process unit
or part of a process unit for a shorter period of time than would be
required to clear the process unit or part of the process unit of
materials and start up the unit, and would result in greater emissions
than delay of repair of leaking components until the next scheduled
process unit shutdown is not a process unit shutdown. The use of spare
equipment and technically feasible bypassing of equipment without
stopping production are not process unit shutdowns.
Process vent means a process vent or vent stream as they are
defined in the referencing subpart.
Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are
not limited to, absorbers, carbon adsorbers, and condensers. For
purposes of the monitoring, recordkeeping, and reporting requirements
of this part, recapture devices are considered recovery devices.
Recovery device means an individual unit of equipment capable of
and normally used for the purpose of recovering chemicals for fuel
value (i.e., net positive heating value), use, reuse, or for sale for
fuel value, use, or reuse. Examples of equipment that may be recovery
devices include absorbers, carbon adsorbers, condensers, oil-water
separators or organic-water separators, or organic removal devices such
as decanters, strippers, or thin-film evaporation units. For purposes
of the monitoring, recordkeeping, and reporting requirements of this
part, recapture devices are considered recovery devices.
Reference method means any method of sampling and analyzing for an
air pollutant as specified in an applicable subpart, the appendices to
40 CFR part 60 or 63, or in appendix B of 40 CFR part 61.
Referencing subpart means 40 CFR part 60, subparts Ka, Kb, VV,
DDD, III, NNN, and RRR; 40 CFR part 61, subparts V, Y, and B; and 40
CFR part 63, subparts G and H.
Regulated material, means for purposes of this part, the material
regulated by the specific referencing subpart, including volatile
organic liquids (VOL), volatile organic compounds (VOC), organic
hazardous air pollutants (HAP's), benzene, vinyl chloride, or other
chemicals or groups of chemicals.
Regulated source, for the purposes of this part, means the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a relevant standard or other
requirement established pursuant to this part, or 40 CFR part 60, 61,
or 63.
Relief device or valve means a device or valve used only to
release an unplanned, nonroutine discharge. A relief device or valve
discharge can result from an operator error, a malfunction such as a
power failure or equipment failure, or other unexpected cause that
requires immediate venting of gas from process equipment in order to
avoid safety hazards or equipment damage.
Repaired, for the purposes of subparts F and G of this part, means
that equipment meets the following conditions:
(1) Is adjusted, or otherwise altered, to eliminate a leak as
defined in the applicable section of this part; and
(2) Unless otherwise specified in applicable provisions of this
part, is monitored as specified in Sec. 65.104(b) of subpart F of this
part and Sec. 65.143(c) of subpart G of this part, to verify that
emissions from the equipment are below the applicable leak definition.
Routed to a process or route to a process means the emissions are
conveyed to any enclosed portion of a process unit where the emissions
are predominantly recycled and/or consumed in the same manner as a
material that fulfills the same function in the process and/or
transformed by chemical reaction into materials that are not regulated
materials and/or incorporated into a product; and/or recovered.
Run means one of a series of emission or other measurements needed
to determine emissions for a representative operating period or cycle
as specified in this part. Unless otherwise specified, a run may be
either intermittent or continuous within the limits of good engineering
practice.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
Screwed (threaded) connector means a threaded pipe fitting where
the threads are cut on the pipe wall and the fitting requires only two
pieces to make the connection (i.e., the pipe and the fitting).
Secondary fuel means a fuel fired through a burner other than the
primary fuel burner that provides supplementary heat in addition to the
heat provided by the primary fuel.
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow
rate, pH, or liquid level.
Set pressure means, for the purposes of subparts F and G of this
part, the pressure at which a properly operating pressure relief device
begins to open to relieve atypical process system operating pressure.
Shutdown means the cessation of operation of a regulated source
(for example, chemical manufacturing process unit or a reactor, air
oxidation reactor, distillation unit) and equipment required or used to
comply with this part, or the emptying and degassing of a storage
vessel. Shutdown is defined here for purposes including, but not
limited to, periodic maintenance, replacement of equipment, or repair.
Shutdown does not include the routine
[[Page 57814]]
rinsing or washing of equipment in batch operation between batches.
Simultaneous loading means, for a shared control device, loading of
regulated materials from more than one transfer arm at the same time so
that the beginning and ending times of loading cycles coincide or
overlap and there is no interruption in vapor flow to the shared
control device.
Single-seal system means, for purposes of subpart C of this part, a
floating roof having one continuous seal. This seal may be a vapor-
mounted, liquid mounted, or metallic shoe seal.
Specific gravity monitoring device means a unit of equipment used
to monitor specific gravity and having a minimum accuracy of
<plus-minus>0.02 specific gravity units.
Startup means the setting into operation of a regulated source (for
example, chemical manufacturing process unit or a reactor, air
oxidation reactor, distillation unit, a storage vessel after emptying
and degassing) and/or equipment required or used to comply with this
part. Startup includes initial startup, operation solely for testing
equipment, the recharging of equipment in batch operation, and
transitional conditions due to changes in product for flexible
operation units.
State means all non-Federal authorities, including local agencies,
interstate associations, and statewide programs, that have delegated
authority to implement the provisions of this part; the referencing
subparts; and/or the permit program established under part 70 of this
chapter. The term State shall have its conventional meaning where clear
from the context.
Steam jet ejector means a steam nozzle that discharges a high-
velocity jet across a suction chamber that is connected to the
equipment to be evacuated.
Stuffing box pressure means the fluid (liquid or gas) pressure
inside the casing or housing of a piece of equipment, on the process
side of the inboard seal.
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit (as defined in the specific subpart that references this part)
when in-process storage, mixing, or management of flow rates or volumes
is needed to assist in production of a product.
Synthetic organic chemical manufacturing industry consolidated air
regulation unit or SOCMI CAR unit means the equipment assembled and
connected by pipes or ducts to process raw materials, and to
manufacture intended products defined in 40 CFR part 60, subparts VV,
III, NNN, and RRR, and in 40 CFR part 63, subpart F. A SOCMI CAR unit
defines the boundary of equipment potentially subject to this part. A
SOCMI CAR unit may consist of one or more unit operations. For the
purpose of this subpart, SOCMI CAR unit includes air oxidation reactors
and their associated product separators and recovery devices; reactors
and their associated product separators and recovery devices;
distillation units and their associated distillate receivers and
recovery devices; associated unit operations; associated recovery
devices; and any feed, intermediate and product storage vessels,
product transfer racks, and connected ducts and piping. A SOCMI CAR
unit includes pumps, compressors, agitators, pressure relief devices,
sampling connection systems, open-ended valves or lines, valves,
connectors, instrumentation systems, and control devices or systems.
Except as provided in Sec. 65.1(i), procedures for assigning storage
vessels, transfer racks, distillation units and equipment to SOCMI CAR
units are specified in Sec. 65.1(j), (k), (l), and (m), respectively. A
SOCMI CAR unit is identified by its primary product. If a SOCMI CAR
unit is subject to both HON and an NSPS for VOC emissions from SOCMI,
the SOCMI CAR unit shall be defined as the HON chemical manufacturing
process unit. To be considered a SOCMI CAR unit one of the following
must occur:
(1) It must include a process vent subject to 40 CFR part 60,
subparts III, NNN, or RRR, or equipment subject to 40 CFR part 60
subpart VV;
(2) It must include a process vent that would be subject to 40 CFR
part 60 subparts III, NNN, or RRR or equipment that would be subject to
40 CFR part 60 subpart VV if construction of the regulated source had
commenced after the applicability date of the applicable SOCMI New
Source Performance Standards; or
(3) It must be a chemical manufacturing process unit subject to 40
CFR 63.100 of subpart F, the Hazardous Organic National Emissions
Standard for Hazardous Air Pollutants (HON).
Temperature monitoring device means a unit of equipment used to
monitor temperature and having a minimum accuracy of <plus-minus>1
percent of the temperature being monitored expressed in degrees Celsius
or <plus-minus>1.2 degrees Celsius ( deg.C), whichever is greater.
Title V permit means any permit issued, renewed, or revised
pursuant to Federal or State regulations established under 40 CFR part
70 or 71 to implement title V of the Act (42 U.S.C. 7661).
Total organic compounds or TOC means those compounds measured
according to the procedures specified in Sec. 65.64(c) of subpart D of
this part, and Sec. 65.158(b)(3)(ii)(A) of subpart G of this part, as
applicable. Those compounds that the Administrator has determined do
not contribute appreciably to the formation of ozone and that are
specifically excluded from the definition of volatile organic compound
at 40 CFR 51.100(s), are to be excluded for the purposes of measuring
the hourly emission rate as required in Sec. 65.64(f) of subpart D of
this part for process vents subject to subpart III, NNN, or RRR of part
60.
Total resource effectiveness index value or TRE index value means a
calculated value used to determine whether control is required for a
process vent. It is based on process vent flow rate, emission rate of
regulated material, net heating value, and corrosion properties
(halogenated compound content), as quantified by the equations given
under Sec. 65.64(h) of subpart D of this part.
Vapor balancing system means a piping system that is designed to
collect regulated material vapors displaced from tank trucks or
railcars during loading and to route the collected regulated material
vapors to the storage vessel from which the liquid being loaded
originated, or to another storage vessel connected by a common header;
or to compress and route to a process or a fuel gas system the
collected regulated material vapors.
Vapor-mounted seal means a continuous seal that is mounted so that
there is a vapor space between the stored liquid and the bottom of the
seal.
Visible emission means the observation of an emission of opacity or
optical density above the threshold of vision.
Sec. 65.3 Compliance with standards and operation and maintenance
requirements.
(a) Requirements. (1) Except as provided in paragraph (a)(2) of
this section, the emission standards and established parameter ranges
of this part shall apply at all times except during periods of startup,
shutdown (as defined in Sec. 65.2), malfunction, or nonoperation of the
regulated source (or specific portion thereof) resulting in cessation
of the emissions to which this part applies. However, if a startup,
shutdown, malfunction, or period of nonoperation of one portion of a
regulated source does not affect the ability of a particular emission
point to comply with the specific provisions to which it is subject,
then that emission point shall still be required to comply with the
applicable provisions of this part during the startup, shutdown,
malfunction, or
[[Page 57815]]
period of nonoperation. For example, if there is an over pressure in
the reactor area, a storage vessel in a chemical manufacturing process
unit would still be required to be controlled in accordance with
subpart C of this part. Similarly, the degassing of a storage vessel
would not affect the ability of a process vent to meet the requirements
of subpart D or G of this part.
(2) Subpart F of this part shall apply at all times except during
periods of startup or shutdown (as defined in Sec. 65.2), malfunction,
process unit shutdown (as defined in Sec. 65.2), or nonoperation of the
regulated source (or specific portion thereof) in which the lines are
drained and depressurized resulting in cessation of the emissions to
which subpart F of this part applies.
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with requirements of this
part during times when emissions are being routed to such items of
equipment, if the shutdown would contravene requirements of this part
applicable to such items of equipment. The owner or operator shall not
shut down CPMS during times when emissions are being routed to the
equipment that are being monitored by the CPMS. Paragraph (a)(3) of
this section does not apply if the item of equipment or CPMS is
malfunctioning or if the owner or operator must shut down the equipment
to avoid damage due to a contemporaneous startup, shutdown, or
malfunction of the regulated source or portion thereof.
(4) During startups, shutdowns, and malfunctions when the emission
standards of this part do not apply pursuant to paragraphs (a)(1)
through (a)(3) of this section, the owner or operator shall implement,
to the extent reasonably available, measures to prevent or minimize
excess emissions. For purposes of paragraph (a)(4) of this section, the
term ``excess emissions'' means emissions in excess of those that would
have occurred if there were no startup, shutdown, or malfunction and
the owner or operator complied with the relevant provisions of this
part. The measures to be taken shall be identified in the applicable
startup, shutdown, and malfunction plan and may include, but are not
limited to, air pollution control technologies, recovery technologies,
work practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the regulated source. Backup control devices are
not required but may be used if available. Paragraph (a)(4) of this
section does not apply to Group 2A or Group 2B process vents.
(5) Malfunctions shall be corrected as soon as practical after
their occurrence in accordance with the startup, shutdown, and
malfunction plan required in Sec. 65.6(a). Paragraph (a)(5) of this
section does not apply to Group 2A or Group 2B process vents.
(6) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable independent of emissions
limitations or other requirements in relevant standards.
(b) Compliance determination procedures. (1) Parameter monitoring:
compliance with operating conditions. The parameter monitoring data for
emission points that are required to perform continuous monitoring
shall be used to determine compliance with the required operating
conditions for the monitored control devices or recovery devices. For
each excursion except for excused excursions, and as provided for in
paragraph (b)(4)(iii)(B) of this section the owner or operator shall be
deemed to have failed to have applied the control in a manner that
achieves the required operating conditions.
(2) Parameter monitoring: Excursions. An excursion is not a
violation and in cases where continuous monitoring is required the
excursion does not count toward the number of excused excursions, if
the conditions of paragraphs (b)(2)(i) or (b)(2)(ii) of this section
are met. Nothing in paragraph (b)(2) of this section shall be construed
to allow or excuse a monitoring parameter excursion caused by any
activity that violates other applicable provisions of this part.
(i) During periods of startup, shutdown, or malfunction [and the
source is operated during such periods in accordance with the source's
startup, shutdown, and malfunction plan as required by Sec. 65.6(a)], a
monitoring parameter is outside its established range or monitoring
data cannot be collected; or
(ii) During periods of nonoperation of the regulated source or
portion thereof (resulting in cessation of the emissions to which the
monitoring applies).
(3) Operation and maintenance procedures. Determination of whether
acceptable operation and maintenance procedures are being used will be
based on information available to the Administrator that may include,
but is not limited to, monitoring results, review of operation and
maintenance procedures (including the startup, shutdown, and
malfunction plan, if applicable, required in Sec. 65.6(a), as
applicable), review of operation and maintenance records, inspection of
the regulated source, and alternatives approved as specified in
Sec. 65.7.
(4) Emissions standards. Paragraphs (b)(4)(i) through (b)(4)(iii)
of this section shall govern the use of data, tests, and requirements
to determine compliance with emissions standards. Paragraphs (b)(4)(i)
through (b)(4)(iii) do not apply to Group 2A or Group 2B process vents.
Compliance with design, equipment, work practice, and operating
standards, including those for equipment leaks, shall be determined
according to paragraph (a)(3) of this section.
(i) Performance test. The Administrator will determine compliance
with emission standards of this part based on the results of
performance tests conducted according to the procedures specified in
subpart G of this part, unless otherwise specified in a subpart of this
part.
(ii) Operation and maintenance requirements. The Administrator will
determine compliance with emission standards of this part by evaluation
of an owner or operator's conformance with operation and maintenance
requirements, including the evaluation of monitoring data, as specified
in subparts of this part.
(5) Design, equipment, work practice, or operational standards.
Paragraphs (b)(5)(i) and (b)(5)(ii) do not apply to Group 2A or Group
2B process vents.
(i) Records and inspection. The Administrator will determine
compliance with design, equipment, work practice, or operational
emission standards requirements by review of records, inspection of the
regulated source, and other procedures specified in this part.
(ii) Operation and maintenance. The Administrator will determine
compliance with design, equipment, work practice, or operational
standards by evaluation of an owner or operator's conformance with
operation and maintenance requirements as specified in paragraph (a) of
this section, in other subparts of this part, and in applicable
provisions of Sec. 65.6(b).
(c) Finding of compliance. The Administrator will make a finding
concerning a regulated source's compliance with an emission standard or
operating and maintenance requirement as specified in paragraphs (a)
and (b) of this section upon obtaining all the compliance information
required by the relevant standard (including the written reports of
performance test results, monitoring results, and other information, if
applicable) and any information available to the Administrator needed
to determine whether proper operation and maintenance practices are
being used.
[[Page 57816]]
Standards in this part and methods of determining compliance are given
in metric units followed by the equivalents in English units. The
Administrator will make findings of compliance with the standards of
this part using metric units.
(d) Compliance times. All terms that define a period of time for
completion of required tasks (for example, weekly, monthly, quarterly,
annually) unless specified otherwise in the section or paragraph that
imposes the requirement refer to the standard calendar periods.
(1) Notwithstanding time periods specified for completion of
required tasks, time periods may be changed by mutual agreement between
the owner or operator and the Administrator as specified in
Sec. 65.5(h)(5) (for example, a period could begin on the compliance
date or another date, rather than on the first day of the standard
calendar period). For each time period that is changed by agreement,
the revised period shall remain in effect until it is changed. A new
request is not necessary for each recurring period.
(2) When the period specified for compliance is a standard calendar
period, if the initial compliance date occurs after the beginning of
the period, compliance shall be required according to the schedule
specified in paragraphs (d)(2)(i) or (d)(2)(ii) of this section, as
appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs if there
remain at least 3 days for tasks that must be performed weekly, at
least 2 weeks for tasks that must be performed monthly, at least 1
month for tasks that must be performed each quarter, or at least 3
months for tasks that must be performed annually; or
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision requires completion of a
task during each of multiple successive periods, an owner or operator
may perform the required task at any time during the specified period
provided the task is conducted at a reasonable interval after
completion of the task during the previous period.
Sec. 65.4 Recordkeeping.
(a) Maintaining notifications, records, and reports. Except as
provided in paragraph (b) of this section, the owner or operator of
each regulated source subject to this part shall keep copies of
notifications, reports, and records required by this part for the
length of time specified in paragraphs (a)(1) or (a)(2) of this
section, as applicable.
(1) If an owner or operator is required to operate under a title V
permit, then all applicable notifications, reports, and records shall
be maintained for at least 5 years, unless a subpart of this part
specifies a longer period.
(2) If an owner or operator is not required to operate under a
title V permit, then all notifications, reports, and records required
by this part shall be maintained for at least 2 years. If a subpart of
this part specifies records to be maintained for a period different
than 2 years, then those records shall be kept for that period.
(b) Copies of reports. If an owner or operator submits reports to
the applicable EPA Regional Office, the owner or operator is not
required to maintain copies of those reports. If the EPA Regional
Office has waived the requirement of Sec. 65.5(g)(1) for submittal of
copies of reports, the owner or operator is not required to maintain
copies of the waived reports. Paragraph (b) of this section applies
only to reports and not the underlying records which must be maintained
as specified throughout this part.
(c) Availability of records. All applicable records shall be
maintained in such a manner that they can be readily accessed and are
suitable for inspection as specified in paragraph (c)(1) or (c)(2) of
this section.
(1) Except as specified in paragraph (c)(2) of this section,
records of the most recent 2 years shall be retained onsite or shall be
accessible to an inspector while onsite. The records of the remaining 3
years, where required, may be retained offsite.
(2) For sources referenced to this part from 40 CFR part 63,
subpart G or H, the most recent 6 months of records shall be retained
on site or shall be accessible to an inspector while onsite from a
central location by computer or other means that provides access within
2 hours after a request. The remaining 4 and one-half years of records,
where required, may be retained offsite.
(3) Records specified in paragraph (c)(1) or (c)(2) of this section
may be maintained in hard copy or computer-readable form including, but
not limited to, on paper, microfilm, computer, computer disk, magnetic
tape, or microfiche.
Sec. 65.5 Reporting requirements.
(a) Required reports. Each owner or operator of a regulated source
subject to this subpart shall submit the reports listed in paragraphs
(a)(1) through (a)(6) of this section, as applicable.
(1) A Notification of Initial Startup described in paragraph (b) of
this section.
(2) An Initial Notification for Part 65 Applicability described in
paragraph (c) of this section.
(3) An Initial Compliance Status Report described in paragraph (d)
of this section.
(4) Periodic reports described in paragraph (e) of this section.
(5) Other reports. Other reports shall be submitted as specified
elsewhere in this part.
(6) Startup, shutdown, and malfunction reports described in
Sec. 65.6(c) of this subpart.
(b) Notification of Initial Startup--(1) Contents. Any owner or
operator of a regulated source which elects to comply with this part at
initial startup shall send the Administrator written notification of
the actual date of initial startup of a regulated source.
(2) Due date. The notification of the actual date of initial
startup shall be postmarked within 15 days after such date.
(c) Initial Notification for Part 65 Applicability. Owners or
operators of regulated sources that have been subject to a 40 CFR part
60, 61, or 63 standard and who have chosen to comply with this part and
who are not operating the regulated source under an approved title V
permit shall notify the Administrator. The notice shall include the
information specified in paragraphs (c)(1) through (c)(7) of this
section, as applicable, and may accompany the application for a
construction permit for the regulated source. This notification may be
waived by the Administrator.
(1) Identification of the storage vessels subject to subpart C of
this part.
(2) Identification of the process vents subject to subpart D of
this part, including process vent group status as specified in
Sec. 65.62(a) of subpart D of this part.
(3) Identification of the process vents subject to 40 CFR part 60,
subpart DDD complying with requirements of subpart G of this part.
(4) Identification of the transfer racks subject to subpart E of
this part.
(5) For equipment leaks, identification of the process units
subject to subpart F of this part.
(6) The proposed implementation schedule specified in
Sec. 65.1(f)(1) for sources identified in paragraphs (c)(1) through
(c)(5) of this section, with the implementation schedule extending no
longer than 3 years.
(7) Process unit identification. As an alternative to requirements
specified in paragraphs (c)(1) through (c)(4), and (c)(6) of this
section, the process units
[[Page 57817]]
can be identified instead of the individual pieces of equipment. For
this alternative, the kind of emission point in the process unit that
will comply must also be identified.
(d) Initial Compliance Status Report--(1) Contents. The owner or
operator shall submit an Initial Compliance Status Report for each
regulated source subject to this part containing the information
specified in the subparts of this part. Unless the required information
has already been submitted under requirements of the applicable
referencing subpart, this information can be submitted as part of a
title V permit application or amendment.
(2) Due date. The owner or operator shall submit the Initial
Compliance Status Report for each regulated source 240 days after the
applicable compliance date specified in the referencing subparts, or 60
days after the completion of the initial performance test or initial
compliance determination, whichever is earlier. Initial compliance
Status Reports may be combined for multiple regulated sources as long
as the due date requirements for all sources covered in the combined
report are met.
(e) Periodic reports. The owner or operator of a source subject to
monitoring requirements of this part or to other requirements of this
part where periodic reporting is specified, shall submit a periodic
report.
(1) Contents. Periodic reports shall include all information
specified in subparts of this part.
(2) Due date. The periodic report shall be submitted semiannually
no later than 60 calendar days after the end of each 6-month period.
The first report shall be submitted no later than the last day of the
month that includes the date 8 months after the date the source became
subject to this rule or since the last part 60, part 61, or part 63
periodic report was submitted for the applicable requirement, whichever
is earlier.
(3) Overlap with title V reports. Information required by this
part, which is submitted with a title V periodic report, need not also
be included in a subsequent periodic report required by this part. The
title V report shall be referenced in the periodic report required by
this part.
(f) General report content. All reports and notifications submitted
pursuant to this part, including reports that combine information from
this part and a referencing subpart, shall include the information
specified in paragraphs (f)(1) through (f)(4) of this section.
(1) The name, address, and telephone number (fax number may also be
provided) of the owner or operator.
(2) The name, address and telephone number of the person to whom
inquiries should be addressed, if different than the owner/operator.
(3) The address (physical location) of the reporting facility.
(4) Identification of each regulated source covered in the
submission and identification of which subparts (referencing and part
65) options from this part are applicable to that regulated source.
Summaries and groupings of this information are permitted.
(g) Report and notification submission--(1) Submission. All reports
and notifications required under this part shall be sent to the
Administrator at the appropriate EPA Regional Office and to the
delegated State authority, except that requests for permission to use
an alternative means of emission limitation as provided for in
Sec. 65.8(a) shall be submitted to the Director of the EPA Office of
Air Quality Planning and Standards, U.S. Environmental Protection
Agency, MD-10, Research Triangle Park, North Carolina, 27711. The EPA
Regional Office may waive the requirement to receive a copy of any
reports or notifications at its discretion.
(2) Submission of copies. If any State requires a notice that
contains all the information required in a report or notification
listed in this part, an owner or operator may send the appropriate EPA
Regional Office a copy of the report or notification sent to the State
to satisfy the requirements of this part for that report or
notification.
(3) Method of submission. Wherever this subpart specifies
``postmark'' dates, submittals may be sent by methods other than the
U.S. Mail (for example, by fax or courier). Submittals shall be sent on
or before the specified date.
(4) Submission by electronic media. If acceptable to both the
Administrator and the owner or operator of a source, reports may be
submitted on electronic media.
(h) Adjustment to timing of submittals and review of required
communications--(1) Alignment with title V submission. An owner or
operator may submit periodic reports required by this part on the same
schedule as the title V periodic report for the facility. The owner or
operator using this option need not obtain prior approval, but must
assure no reporting gaps from the last periodic report for the relevant
standards. The owner or operator shall clearly identify the change in
reporting schedule in the first report filed under paragraph (h) of
this section. The requirements of paragraph (e) of this section are not
waived when implementing this change.
(2) Request for adjustment. An owner or operator may arrange by
mutual agreement (which may be a standing agreement) with the
Administrator a common schedule on which periodic reports required by
this part shall be submitted throughout the year as long as the
reporting period is not extended. An owner or operator who wishes to
request a change in a time period or postmark deadline for a particular
requirement shall request the adjustment in writing as soon as
practical before the subject activity is required to take place. The
owner or operator shall include in the request whatever information he
or she considers useful to convince the Administrator that an
adjustment is warranted. A request for a change to the periodic
reporting schedule need only be made once for every schedule change and
not once for every semiannual report submitted.
(3) Approval of request for adjustment. If, in the Administrator's
judgment, an owner or operator's request for an adjustment to a
particular time period or postmark deadline is warranted, the
Administrator will approve the adjustment. The Administrator will
notify the owner or operator in writing of approval or disapproval of
the request for an adjustment within 15 calendar days of receiving
sufficient information to evaluate the request.
(4) Notification of delay. If the Administrator is unable to meet a
specified deadline, the owner or operator will be notified of any
significant delay and informed of the amended schedule.
(i) An owner or operator shall report in a title V permit
application or as otherwise specified by the permitting authority, the
information listed in paragraphs (i)(1) through (i)(5) of this section.
(1) A list designating each emission point complying with subparts
C through G of this part and whether each process vent is Group 1,
Group 2A, or Group 2B.
(2) The control technology or method of compliance that will be
applied to each emission point.
(3) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping, and reporting provisions in subparts C
through G of this part that are applicable to each emission point will
be implemented beginning on the date of compliance as specified in the
referencing subpart.
(4) The monitoring information in Sec. 65.162(e) of subpart G of
this part if, for any emission point, the owner or operator of a source
seeks to comply
[[Page 57818]]
through use of a control technique other than those for which
monitoring parameters are specified in Secs. 65.148 through 65.154 of
subpart G of this part.
(5) Any requests for alternatives to the continuous operating
parameter monitoring and recordkeeping provisions, as specified in
Sec. 65.162(d) of subpart G of this part.
Sec. 65.6 Startup, shutdown, and malfunction plan and procedures.
(a) Paragraphs (b) and (c) of this section do not apply to Group 2A
or Group 2B process vents.
(b) Startup, shutdown, and malfunction plan--(1) Description and
purpose of plan. The owner or operator of a regulated source shall
develop and implement a written startup, shutdown, and malfunction plan
that describes, in detail, procedures for operating and maintaining the
regulated source during periods of startup, shutdown, and malfunction
and a program of corrective action for malfunctioning process and air
pollution control equipment used to comply with the relevant standard.
The plan shall also address routine or otherwise predictable CPMS
malfunctions. This plan shall be developed by the owner or operator by
the regulated source's implementation date as specified in
Sec. 65.1(f), or, for sources referenced from 40 CFR part 63, subpart
F, by the compliance date specified in that subpart. The requirement to
develop and implement this plan shall be incorporated into the source's
title V permit. This requirement is optional for equipment that must
comply with subpart F of this part. It is not optional for equipment
equipped with a closed vent system and control device subject to
subpart G of this part. The purpose of the startup, shutdown, and
malfunction plan is described in paragraphs (b)(1)(i) and (b)(1)(ii) of
this section.
(i) To ensure that owners or operators are prepared to correct
malfunctions as soon as practical after their occurrence in order to
minimize excess emissions of regulated material; and
(ii) To reduce the reporting burden associated with periods of
startup, shutdown, and malfunction (including corrective action taken
to restore malfunctioning process and air pollution control equipment
to its normal or usual manner of operation).
(2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of a regulated source shall operate
and maintain such source (including associated air pollution control
equipment and CPMS) in accordance with the procedures specified in the
startup, shutdown, and malfunction plan developed under paragraph
(b)(1) of this section.
(3) Use of additional procedures. To satisfy the requirements of
this section to develop a startup, shutdown, and malfunction plan, the
owner or operator may use the regulated source's standard operating
procedures (SOP) manual, or an Occupational Safety and Health
Administration (OSHA) or other plan, provided the alternative plans
meet all the requirements of this section and are made available for
inspection when requested by the Administrator.
(4) Revisions to the plan. Based on the results of a determination
made under Sec. 65.3(b)(3), the Administrator may require that an owner
or operator of a regulated source make changes to the startup,
shutdown, and malfunction plan for that source. The Administrator may
require reasonable revisions to a startup, shutdown, and malfunction
plan, if the Administrator finds that the plan is inadequate as
specified in paragraphs (b)(4)(i) through (b)(4)(iv) of this section:
(i) Does not address a startup, shutdown, and malfunction event of
the CPMS, the air pollution control equipment, or the regulated source
that has occurred; or
(ii) Fails to provide for the operation of the regulated source
(including associated air pollution control equipment and CPMS) during
a startup, shutdown, and malfunction event in a manner consistent with
good air pollution control practices for minimizing emissions to the
extent practical; or
(iii) Does not provide adequate procedures for correcting
malfunctioning process and/or air pollution control equipment as
quickly as practicable; or
(iv) Does not provide adequate measures to prevent or minimize
excess emissions to the extent practical as specified in
Sec. 65.3(a)(4).
(5) Additional malfunction plan requirements. If the startup,
shutdown, and malfunction plan fails to address or inadequately
addresses an event that meets the characteristics of a malfunction but
was not included in the startup, shutdown, and malfunction plan at the
time the owner or operator developed the plan, the owner or operator
shall revise the startup, shutdown, and malfunction plan within 45 days
after the event to include detailed procedures for operating and
maintaining the regulated source during similar malfunction events and
a program of corrective action for similar malfunctions of process or
air pollution control equipment or CPMS.
(c) Startup, shutdown, and malfunction reporting requirements--(1)
Periodic startup, shutdown, and malfunction reports. If actions taken
by an owner or operator during a startup, shutdown, and malfunction of
a regulated source, or of a control device or monitoring system
required for compliance (including actions taken to correct a
malfunction) are consistent with the procedures specified in the
source's startup, shutdown, and malfunction plan, then the owner or
operator shall state such information in a startup, shutdown, and
malfunction report. During the reporting period, reports shall only be
required for startup, shutdown, and malfunction during which excess
emissions occur. A startup, shutdown, and malfunction report can be
submitted as part of a periodic report required under Sec. 65.5(e), or
on a more frequent basis if specified otherwise in a relevant standard
or as established otherwise by the permitting authority in the source's
title V permit. The startup, shutdown, and malfunction report shall be
delivered or postmarked by the 30th day following the end of each
calendar half (or other calendar reporting period, as appropriate),
unless the information is submitted with the periodic report. The
report shall include the information specified in paragraphs (c)(1)(i)
and (c)(1)(ii) of this section.
(i) The name, title, and signature of the owner or operator or
other responsible official certifying its accuracy.
(ii) The number of startup, shutdown, malfunction events and the
total duration of all periods of startup, shutdown, and malfunction for
the reporting period if the total duration amounts to either of the
durations in paragraphs (c)(1)(ii)(A) or (c)(1)(ii)(B) of this section.
(A) Total duration of periods of inoperation or malfunctioning of a
CPMS, as recorded in Sec. 65.162(a)(2)(iii) of subpart G of this part,
equal to or greater than 5 percent of that CPMS operating time for the
reporting period; or
(B) Total duration of periods of startup, shutdown, and malfunction
for a regulated source during which excess emission occur equal to or
greater than 1 percent of that regulated source operating time for the
reporting period.
(2) Immediate startup, shutdown, and malfunction reports.
Notwithstanding the allowance to reduce the frequency of reporting for
startup, shutdown, and malfunction reports under paragraph (c)(1) of
this section, any time an action taken by an owner or operator during a
startup, shutdown, or malfunction (including actions taken to correct a
[[Page 57819]]
malfunction) during which excess emissions occur is not consistent with
the procedures specified in the regulated source's startup, shutdown,
and malfunction plan, the owner or operator shall report the actions
taken for that event within 2 working days after commencing actions
inconsistent with the plan followed by a letter delivered or postmarked
within 7 working days after the end of the event. The immediate report
required under this paragraph (c)(2) of this section shall contain the
name, title, and signature of the owner or operator or other
responsible official who is certifying its accuracy, explaining the
circumstances of the event, the reasons for not following the startup,
shutdown, and malfunction plan, and whether any excess emissions and/or
parameter monitoring exceedances are believed to have occurred. Not
withstanding the requirements of the previous sentence, after the
effective date of an approved permit program in the State in which a
regulated source is located, the owner or operator may make alternative
reporting arrangements, in advance, with the permitting authority in
that State. Procedures governing the arrangement of alternative
reporting requirements under paragraph (c)(2) of this section are
specified in Sec. 65.5(h).
Sec. 65.7 Monitoring, recordkeeping, and reporting waivers and
alternatives.
(a) Waiver of recordkeeping or reporting requirements--(1) Waiver
application. The owner or operator may apply for a waiver from
recordkeeping or reporting requirements if the regulated source is
achieving the relevant standard(s), or the source is operating under an
extension of compliance, under 40 CFR 63.6(i) or a waiver of compliance
under 40 CFR 61.10(b), or the owner or operator has requested an
extension or waiver of compliance and the Administrator is still
considering that request. The waiver application shall be submitted in
writing to the Administrator.
(2) Extension of compliance request. If an application for a waiver
of recordkeeping or reporting is made, the application shall accompany
the request for an extension of compliance under 40 CFR 63.6(i) or the
request for a waiver of compliance under 40 CFR 61.10(b), any required
compliance progress report or compliance status report required in the
source's title V permit application or a permit modification
application, or a periodic report required under this part, whichever
is applicable. The application shall include whatever information the
owner or operator considers useful to convince the Administrator that a
waiver of recordkeeping or reporting is warranted.
(3) Approval or denial of waiver. The Administrator will approve or
deny a request for a waiver of recordkeeping or reporting requirements
when performing one of the actions described in paragraphs (a)(3)(i)
through (a)(3)(iii) of this section:
(i) Approves or denies an extension of compliance under 40 CFR
63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or
(ii) Makes a determination of compliance following the submission
of a required compliance status report or periodic report; or
(iii) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
(4) Waiver conditions. A waiver of any recordkeeping or reporting
requirement granted under paragraph (a) of this section may be
conditioned on other recordkeeping or reporting requirements deemed
necessary by the Administrator.
(5) Waiver cancellation. Approval of any waiver granted under this
section shall not abrogate the Administrator's authority under the Act
or in any way prohibit the Administrator from later canceling the
waiver. The cancellation will be made only after notice is given to the
owner or operator of the regulated source.
(b) Requests for approval of alternative monitoring or
recordkeeping. An owner or operator may submit a written request for
approval to use alternatives to the monitoring or recordkeeping
provisions of this part. For process vents and transfer racks, except
low-throughput transfer racks, the provisions in paragraph (c) of this
section shall govern the review and approval of requests. In addition,
the application shall include information justifying the owner or
operator's request for an alternative monitoring or recordkeeping
method, such as the technical or economic infeasibility, or the
impracticality, of the regulated source using the required method. For
storage vessels and low throughput transfer racks, owners and operators
shall comply with the requirements of Sec. 65.145(b) of subpart G of
this part for preparing and submitting a design evaluation. For
equipment leaks, owners and operators shall comply with the
recordkeeping requirements of Sec. 65.163(d) of subpart G of this part.
(c) Approval or denial of request to use alternative monitoring or
recordkeeping. The Administrator will notify the owner or operator of
approval or intention to deny approval of the request to use an
alternative monitoring or recordkeeping method within 90 calendar days
after receipt of the original request and within 30 calendar days after
receipt of any supplementary information that is submitted. Before
disapproving any request to use an alternative method, the
Administrator will notify the applicant of the Administrator's
intention to disapprove the request together with the items specified
in paragraphs (c)(1) and (c)(2) of this section:
(1) Notice of the information and findings on which the intended
disapproval is based; and
(2) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of the
intention to disapprove the request, the Administrator will specify how
much time the owner or operator will have after being notified of the
intended disapproval to submit the additional information.
(d) Use of an alternative monitoring or recordkeeping method. (1)
The owner or operator of a regulated source is subject to the
monitoring and recordkeeping requirements of the relevant standard
unless permission to use an alternative monitoring or recordkeeping
method requested under paragraph (b) of this section or Sec. 65.162(d)
of subpart G of this part has been granted by the Administrator. Once
an alternative is approved, the owner or operator shall use the
alternative for the emission points or regulated sources cited in the
approval and shall meet the monitoring and recordkeeping requirements
of the relevant standard for all other emission points or regulated
sources.
(2) If the Administrator approves the use of an alternative
monitoring or recordkeeping method for a regulated source under
paragraph (c) of this section, the owner or operator of such source
shall continue to use the alternative monitoring or recordkeeping
method unless he or she receives approval from the Administrator to use
another method.
(3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring or recordkeeping method,
requirement, or procedure, the Administrator may require the use of a
method, requirement, or procedure specified in the relevant standard.
If the results of the specified and alternative methods, requirements,
or procedures do not agree, the results obtained by the specified
method, requirement, or procedure shall prevail.
[[Page 57820]]
Sec. 65.8 Procedures for approval of alternative means of emission
limitation.
(a) Alternative means of emission limitation. An owner or operator
may request a determination of equivalence for an alternative means of
emission limitation to the requirements of design, equipment, work
practice, or operational standards of this part. If, in the judgment of
the Administrator, an alternative means of emission limitation will
achieve a reduction in regulated material emissions at least equivalent
to the reduction in emissions from that source achieved under any
design, equipment, work practice, or operational standards (but not
performance standards) in this part, the Administrator will publish in
the Federal Register a notice permitting the use of the alternative
means for purposes of compliance with that requirement.
(1) The notice may condition the permission on requirements related
to the operation and maintenance of the alternative means.
(2) Any such notice shall be published only after public notice and
an opportunity for a hearing.
(b) Content of submittal. (1) In order to obtain approval, any
person seeking permission to use an alternative means of compliance
under this section shall collect, verify, and submit to the
Administrator information showing that the alternative means achieves
equivalent emission reductions. An owner or operator seeking permission
to use an alternative means of compliance who has not previously
performed testing shall also submit a proposed test plan. If the owner
or operator seeks permission to use an alternative means of compliance
based on previously performed testing, they shall submit the results of
that testing, a description of the procedures followed in testing or
monitoring, and a description of pertinent conditions during testing or
monitoring.
(2) The owner or operator who requests an alternative means of
emission limitation shall submit a description of the proposed testing,
monitoring, recordkeeping, and reporting that will be used and the
proposed basis for demonstrating compliance.
(3) For storage vessels, the owner or operator shall include the
results of actual emissions tests using full-size or scale-model
storage vessels that accurately collect and measure all regulated
material emissions using a given control technique, and that accurately
simulate wind and account for other emission variables such as
temperature and barometric pressure, or an engineering analysis that
the Administrator determines is an accurate method of determining
equivalence.
(4) For proposed alternatives to equipment leak requirements, the
owner or operator shall also submit the information and meet the
requirements for alternative means of emission limitation specified in
Sec. 65.102(b) of subpart F of this part (alternative means of emission
limitation).
(c) Manufacturers of equipment used to control equipment leaks of a
regulated material may request a determination of equivalence for an
alternative means of emission limitation for equipment leaks, as
specified in Sec. 65.102(c) of this part.
(d) Compliance. If the Administrator makes a determination that a
means of emission limitation is a permissible alternative to the
requirements of design, equipment, work practice, or operational
standards of this part, the owner or operator shall either comply with
the alternative or comply with the requirements of this part.
Sec. 65.9 Availability of information and confidentiality.
(a) Availability of information. The availability to the public of
information provided to, or otherwise obtained by, the Administrator
under this part shall be governed by part 2 of this chapter. With the
exception of information protected under part 2 of this chapter, all
reports, records, and other information collected by the Administrator
under this part are available to the public. In addition, a copy of
each permit application, compliance plan (including the schedule of
compliance), initial compliance status report, periodic report, and
title V permit is available to the public, consistent with protections
recognized in section 503(e) of the Act.
(b) Confidentiality. (1) If an owner or operator is required to
submit information entitled to protection from disclosure under section
114(c) of the Act, the owner or operator may submit such information
separately. The requirements of section 114(c) shall apply to such
information.
(2) The contents of a title V permit shall not be entitled to
protection under section 114(c) of the Act; however, information
submitted as part of an application for a title V permit may be
entitled to protection from disclosure.
Sec. 65.10 State authority.
(a) The provisions of this part shall not be construed in any
manner to preclude any State or political subdivision thereof from
adopting and enforcing any emission standard or limitation applicable
to a regulated source, provided that such standard, limitation,
prohibition, or other regulation is not less stringent than the
standard applicable to such a regulated source.
(b) The provisions of this part shall not be construed in any
manner to preclude any State or political subdivision thereof from
requiring the owner or operator of a regulated source to obtain
permits, licenses, or approvals prior to initiating construction,
modification, or operation of such a regulated source.
Sec. 65.11 Circumvention.
(a) No owner or operator subject to the provisions of this part
shall build, erect, install, or use any article, machine, equipment, or
process to conceal an emission that would otherwise constitute
noncompliance with a relevant standard. Such concealment includes, but
is not limited to those listed in paragraphs (a)(1) and (a)(2) of this
section.
(1) The use of diluents to achieve compliance with a relevant
standard based on the concentration of a pollutant in the effluent
discharged to the atmosphere and;
(2) The fragmentation of an operation for the purpose of avoiding
regulation by a relevant standard.
(b) Prohibited activities. (1) No owner or operator subject to the
provisions of this part shall operate any regulated source in violation
of the requirements of this part except under the provisions specified
in paragraphs (b)(1)(i) through (b)(1)(iii):
(i) An extension or waiver of compliance granted by the
Administrator under an applicable part; or
(ii) An extension of compliance granted under an applicable part by
a State with an approved permit program; or
(iii) An exemption from compliance granted by the President under
section 112(i)(4) of the Act.
(2) After the effective date of an approved permit program in a
State, no owner or operator of a regulated source in that State who is
required under an applicable part to obtain a title V permit shall
operate such source except in compliance with the provisions of this
part and the applicable requirements of the permit program in that
State.
(3) An owner or operator of a regulated source who is subject to an
emission standard promulgated under this part or a referencing part
shall comply with the requirements of that standard by the date(s)
established in the applicable subpart(s) (including this
[[Page 57821]]
subpart) regardless of whether the criteria specified in paragraph
(b)(3)(i) or (b)(3)(ii) are met:
(i) A title V permit has been issued to that source; or
(ii) If a title V permit has been issued to that source, whether
such permit has been revised or modified to incorporate the emission
standard.
(c) Severability. Notwithstanding any requirement incorporated into
a title V permit obtained by an owner or operator subject to the
provisions of this part, the provisions of this part are federally
enforceable.
Sec. 65.12 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under sections 111(c) and 112(l) of the Act, the authorities
contained in paragraph (b) of this section shall be retained by the
Administrator and not transferred to a State.
(b) Authorities that will not be delegated to States: Sec. 65.8,
Sec. 65.46 of subpart C of this part, and Sec. 65.102 of subpart F of
this part.
Sec. 65.13 Incorporation by reference.
(a) The materials listed in this section are incorporated by
reference in the corresponding sections noted. These incorporations by
reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and notice of
any change in these materials will be published in the Federal
Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the
Office of the Federal Register, 800 North Capital Street, NW, suite
700, Washington, DC, at the Air and Radiation Docket and Information
Center, U.S. EPA, 401 M Street, SW., Washington, DC, and at the EPA
Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina.
(b) The materials listed below are available for purchase from at
least one of the following addresses: American Society for Testing and
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103;
or University Microfilms International, 300 North Zeeb Road, Ann Arbor,
Michigan 48106.
(1) ANSI B31.3--1996, Process Piping, IBR approved [Insert
Effective Date of Final Rule] for Sec. 65.2.
(2) ASTM D1946-77, 90, 94, Standard Method for Analysis of Reformed
Gas by Gas Chromatography, IBR approved [Insert Effective Date of Final
Rule] for Sec. 65.64(e)(2), Sec. 65.147(b)(3)(ii).
(3) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by
Bomb Calorimeter [High-Precision Method]. IBR approved [Insert
Effective Date of Final Rule] for Sec. 65.64(e)(1),
Sec. 65.147(b)(3)(ii).
(4) ASTM D2879-93, 96, Vapor Pressure-Temperature Relationship and
Initial Decomposition Temperature of Liquids by Isoteniscope, IBR
approved [Insert Effective Date of Final Rule] for Sec. 65.2.
Sec. 65.14 Addresses.
(a) All requests, reports, applications, notifications, and other
communications submitted pursuant to this part, except as specified
under Sec. 65.5(g)(1) of this part, shall be sent to the Administrator
at the appropriate EPA Regional Office indicated in the following list:
Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Air Management Division, U.S.
Environmental Protection Agency, John F. Kennedy Federal Building,
Boston, Massachusetts 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Air and Waste Management Division, U.S. Environmental
Protection Agency, 290 Broadway, New York, New York 10007.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia), Director, Air and Waste Management
Division, U.S. Environmental Protection Agency, 841 Chestnut
Building, Philadelphia, Pennsylvania 19107.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee), Director, Air and Waste
Management Division, U.S. Environmental Protection Agency, 61
Forsyth Street, Atlanta, Georgia 30303.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air Management Division, U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604-3507.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas);
Director; Air, Pesticides, and Toxics Division; U.S. Environmental
Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and
Toxics Division, U.S. Environmental Protection Agency, 726 Minnesota
Avenue, Kansas City, Kansas 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming), Director, Air and Waste Management Division, U.S.
Environmental Protection Agency, 999 18th Street, Suite 500, Denver,
Colorado 80295.
Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada), Director, Air and Waste Management Division, U.S.
Environmental Protection Agency, 75 Hawthorne Street, San Francisco,
California 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and
Waste Management Division, U.S. Environmental Protection Agency,
1200 Sixth Avenue, Seattle, Washington 98101.
(b) All information required to be submitted to the Administrator
under this part also shall also be submitted to the appropriate State
agency of any State to which authority has been delegated under section
112(l) of the Act. The mailing addresses for State agencies are listed
below:
State of Alabama, Air Pollution Control Division, Air Pollution
Control Commission, 645 S. McDonough Street, Montgomery, Alabama
36104.
State of Alaska, Department of Environmental Conservation, 3220
Hospital Drive, Juneau, Alaska 99811.
Arizona Department of Health Services, 1740 West Adams Street,
Phoenix, Arizona 85007.
State of Arkansas: Chief, Division of Air Pollution Control,
Arkansas Department of Pollution Control and Ecology, 8001 National
Drive, P.O. Box 9583, Little Rock, Arkansas 72209.
California
Amador County Air Pollution Control District, P.O. Box 430, 810
Court Street, Jackson, California 95642.
Bay Area Air Pollution Control District, 939 Ellis Street, San
Francisco, California 94109.
Butte County Air Pollution Control District, P.O. Box 1229, 316
Nelson Avenue, Oroville, California 95965.
Calaveras County Air Pollution Control District, Government Center,
El Dorado Road, San Andreas, California 95249.
Colusa County Air Pollution Control District, 751 Fremont Street,
Colusa, California 95952.
El Dorado Air Pollution Control District, 330 Fair Lane,
Placerville, California 95667.
Fresno County Air Pollution Control District, 1221 Fulton Mall,
Fresno, California 93721.
Glenn County Air Pollution Control District, P.O. Box 351, 720 North
Colusa Street, Willows, California 95988.
Great Basin Unified Air Pollution Control District, 157 Short
Street, suite 6, Bishop, California 93514.
Imperial County Air Pollution Control District, County Services
Building, 939 West Main Street, El Centro, California 92243.
Kern County Air Pollution Control District, 1601 H Street, suite
250, Bakersfield, California 93301.
Kings County Air Pollution Control District, 330 Campus Drive,
Hanford, California 93230.
Lake County Air Pollution Control District, 255 North Forbes Street,
Lakeport, California 95453.
Lassen County Air Pollution Control District, 175 Russell Avenue,
Susanville, California 96130.
[[Page 57822]]
Madera County Air Pollution Control District, 135 West Yosemite
Avenue, Madera, California 93637.
Mariposa County Air Pollution Control District, Box 5, Mariposa,
California 95338.
Mendocino County Air Pollution Control District, County Courthouse,
Ukiah, California 94582.
Merced County Air Pollution Control District, P.O. Box 471, 240 East
15th Street, Merced, California 95340.
Modoc County Air Pollution Control District, 202 West 4th Street,
Alturas, California 96101.
Monterey Bay Unified Air Pollution Control, 1164 Monroe Street,
Suite 10, Salinas, California 93906.
Nevada County Air Pollution Control District, H.E.W. Complex, Nevada
City, California 95959.
North Coast Unified Air Quality Management District, 5630 South
Broadway, Eureka California 95501.
Northern Sonoma County Air Pollution Control District, 134 ``A''
Avenue, Auburn, California 95448.
Placer County Air Pollution Control District, 11491 ``B'' Avenue,
Auburn, California 95603.
Camino del Rimedio, Santa Barbara, California 93110.
Shasta County Air Pollution Control District, 2650 Hospital Lane,
Redding, California 96001.
Sierra County Air Pollution Control District, P.O. Box 286,
Downieville, California 95936.
Siskiyou County Air Pollution Control District, 525 South Foothill
Drive, Yreka, California 96097.
South Coast Air Quality Management District, 9150 Flair Drive, El
Monte, California 91731.
Stanislaus County Air Pollution Control District, 1030 Scenic Drive,
Modesto, California 95350.
Sutter County Air Pollution Control District, Sutter County Office
Building, 142 Garden Highway, Yuba City, California 95991.
Tehama County Air Pollution Control District, P.O. Box 38, 1760
Walnut Street, Red Bluff, California 96080.
Tulare County Air Pollution Control District, County Civic Center,
Visalia, California 93277.
Tuolumne County Air Pollution Control District, 9 North Washington
Street, Sonora, California 95370.
Ventura County Air Pollution Control District, 800 South Victoria
Avenue, Ventura, California 93009.
Yolo-Solano Air Pollution Control District, P.O. Box 1006, 323 First
Street, i5, Woodland, California 95695.
State of Colorado, Department of Health, Air Pollution Control
Division, 4210 East 11th Avenue, Denver, Colorado 80220.
State of Connecticut, Bureau of Air Management, Department of
Environmental Protection, State Office Building, 165 Capitol Avenue,
Hartford, Connecticut 06106.
State of Delaware, Delaware Department of Natural Resources and
Environmental Control, Tatnall Building, P.O. Box 1401, Dover,
Delaware 19901.
Florida Bureau of Air Quality Management, Department of
Environmental Regulation, Twin Towers Office Building, 2600 Blair
Stone Road, Tallahassee, Florida 32301.
State of Georgia, Environmental Protection Division, Department of
Natural Resources, 270 Washington Street, SW., Atlanta, Georgia
30334.
Hawaii Department of Health, 1250 Punchbowl Street, Honolulu, Hawaii
96813.
Hawaii Department of Health (mailing address), Post Office Box 3378,
Honolulu, Hawaii 96801.
Idaho Division of Environmental Quality, 601 Pole Line Rd. Ste. # 2
Twin Falls Idaho 83301.
Illinois Environmental Protection Agency--Bureau of Air, 1340 North
Ninth St. Springfield, Illinois 62702, 1021 North Grand Avenue East
(mailing address), P.O. Box 19276, 62794-9276.
State of Indiana, Indiana Department of Environmental Management,
105 South Meridian Street, P.O. Box 6015, Indianapolis, Indiana
46206.
State of Iowa: Iowa Department of Natural Resources, Environmental
Protection Division, Henry A. Wallace Building, 900 East Grand, Des
Moines, Iowa 50319.
State of Kansas: Kansas Department of Health and Environment, Bureau
of Air Quality and Radiation Control, Forbes Field, Topeka, Kansas
66620.
Kentucky Division of Air Pollution Control, Department for Natural
Resources and Environmental Protection, U.S. 127, Frankfort,
Kentucky 40601.
State of Louisiana: Program Administrator, Air Quality Division,
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton
Rouge, Louisiana 70804.
State of Maine, Bureau of Air Quality Control, Department of
Environmental Protection, State House, Station No. 17, Augusta,
Maine 04333.
State of Maryland, Bureau of Air Quality and Noise Control, Maryland
State Department of Health and Mental Hygiene, 201 West Preston
Street, Baltimore, Maryland 21201.
Commonwealth of Massachusetts, Division of Air Quality Control,
Department of Environmental Protection, One Winter Street, 7th
floor, Boston, Massachusetts 02108.
State of Michigan, Air Pollution Control Division, Michigan
Department of Natural Resources, Stevens T. Mason Building, 8th
Floor, Lansing, Michigan 48926.
Minnesota Pollution Control Agency, Division of Air Quality, 520
Lafayette Road, St. Paul, Minnesota 55155.
Bureau of Pollution Control, Department of Natural Resources, P.O.
Box 10385, Jackson, Mississippi 39209.
State of Missouri: Missouri Department of Natural Resources,
Division of Environmental Quality, P.O. Box 176, Jefferson City,
Missouri 65102.
State of Montana, Department of Health and Environmental Services,
Air Quality Bureau, Cogswell Building, Helena, Montana 59601.
State of Nebraska, Nebraska Department of Environmental Control,
P.O. Box 94877, State House Station, Lincoln, Nebraska 68509.
Nevada Department of Conservation and Natural Resources, Division of
Environmental Protection, 201 South Fall Street, Carson City, Nevada
89710.
State of New Hampshire, Air Resources Division, Department of
Environmental Services, 64 North Main Street, Caller Box 2033,
Concord, New Hampshire 03302-2033.
State of New Jersey: New Jersey Department of Environmental
Protection, John Fitch Plaza, P.O. Box 2807, Trenton, New Jersey
08625.
State of New Mexico: Director, New Mexico Environmental Improvement
Division, Health and Environment Department, 1190 St. Francis Drive,
Santa Fe, New Mexico 87503.
New York: New York State Department of Environmental Conservation,
50 Wolf Road, Albany, New York 12233, Attention: Division of Air
Resources.
North Carolina Environmental Management Commission, Department of
Environment and Natural Resources, Division of Air Quality, P.O. Box
29580, Raleigh, North Carolina 27626-0580.
State of North Dakota, State Department of Health and Consolidated
Laboratories, Division of Environmental Engineering, State Capitol,
Bismarck, North Dakota 58505.
State of Ohio, Ohio Environmental Protection Agency, Central
District Office, Air Pollution Unit, P.O. Box 1049, Columbus, Ohio
43266-0149.
State of Oklahoma, Oklahoma State Department of Health, Air Quality
Service, P.O. Box 53551, Oklahoma City, Oklahoma 73152.
State of Oregon, Department of Environmental Quality, Yeon Building,
522 SW. Fifth, Portland, Oregon 97204.
Commonwealth of Pennsylvania: Department of Environmental Resources,
Post Office Box 2063, Harrisburg, Pennsylvania 17120.
State of Rhode Island, Division of Air and Hazardous Materials,
Department of Environmental Management, 291 Promenade Street,
Providence, Rhode Island 02908.
State of South Carolina, Office of Environmental Quality Control,
Department of Health and Environmental Control, 2600 Bull Street,
Columbia, South Carolina 29201.
State of South Dakota, Department of Water and Natural Resources,
Office of Air Quality and Solid Waste, Joe Foss Building, 523 East
Capitol, Pierre, South Dakota 57501-3181.
[[Page 57823]]
Division of Air Pollution Control, Tennessee Department of Public
Health, 256 Capitol Hill Building, Nashville, Tennessee 37219.
State of Texas, Texas Air Control Board, 6330 Highway 290 East,
Austin, Texas 78723.
State of Utah, Department of Health, Bureau of Air Quality, 288
North 1460 West, P.O. Box 16690, Salt Lake City, Utah 84116-0690.
State of Vermont, Air Pollution Control Division, Agency of Natural
Resources, Building 3 South, 103 South Main Street, Waterbury,
Vermont 05676.
Commonwealth of Virginia, Virginia State Air Pollution Control
Board, Room 1106, Ninth Street Office Building, Richmond, Virginia
23219.
State of Washington, Department of Ecology, Olympia, Washington
98504.
State of West Virginia: Air Pollution Control Commission, 1558
Washington Street, East, Charleston, West Virginia 25311.
Wisconsin Department of Natural Resources, P.O. Box 7921, Madison,
Wisconsin 53707.
Wyoming Department of Environmental Quality Air Division, 122 West
25th St.--4th Floor Cheyenne, Wyoming 82002.
Secs. 65.15--65.19 [Reserved]
Table 1 To Subpart A--Applicable 40 CFR Parts 60, 61, and 63 General Provisions
----------------------------------------------------------------------------------------------------------------
40 CFR part 60 subpart A provisions 40 CFR part 61 subpart A
for referencing subparts Ka, Kb, provisions for referencing 40 CFR part 63 subpart A provisions for
VV, DDD, III, NNN, and RRR subparts Y, V, and BB referencing subparts G and H
----------------------------------------------------------------------------------------------------------------
Sec. 60.1......................... Sec. 61.01................ Sec. 63.5 (a)(1), (a)(2), (b), (d)(1)(ii),
Sec. 60.2......................... Sec. 61.02 (d)(3)(i)<SUP>a, (d)(3)(iii),<SUP>a (d)(3)(iv) <SUP>a,
Sec. 60.5......................... Sec. 61.02 (d)(3)(v), (d)(3)(vi) <SUP>a, (d)(4), (e), (f)(1),
Sec. 60.6......................... Sec. 61.05 and (f)(2).
Sec. 60.7(a)(1), and (a)(4)....... Sec. 61.06 Sec. 63.6 (a) (b)(3), (c)(5), (i)(1), (i)(2),
Sec. 60.14........................ Sec. 61.07 (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16)
Sec. 60.15........................ Sec. 61.08 and (j).
Sec. 60.16........................ Sec. 61.10 (b) and (c) Sec. 63.9(a)(2), (b)(4)(i) <SUP>b, (b)(4)(ii),
Sec. 61.11 (b)(4)(iii), (b)(5) <SUP>b, (c) and (d) Sec.
Sec. 61.15 63.10 (d)(4) Sec. 63.12(b).
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<SUP>a These provisions do not apply to equipment leaks.
<SUP>a The notifications specified in Secs. 63.9(b)(4)(i) and 63.9(b)(5) shall be submitted at the times specified
in 40 CFR part 65.
Subpart B--[Reserved]
Subpart C--Storage Vessels
Sec. 65.40 Applicability.
(a) The provisions of this subpart and of subpart A of this part
apply to control of regulated material emissions from storage vessels
where a referencing subpart references the use of this subpart for such
emissions control.
(b) If a physical or process change is made that causes a storage
vessel to fall outside the criteria in the referencing subpart that
required the storage vessel to control emissions of regulated material,
the owner or operator may elect to no longer comply with the provisions
of this subpart. Instead, the owner or operator shall comply with any
applicable provisions of the referencing subpart.
Sec. 65.41 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.42 Control requirements.
(a) For each storage vessel to which this subpart applies, the
owner or operator shall comply with the requirements of paragraphs (b)
or (c) of this section.
(b) For each storage vessel storing a liquid for which the maximum
true vapor pressure of the total regulated material in the liquid is
less than 76.6 kilopascals (10.9 pounds per square inch), the owner or
operator shall reduce regulated material emissions to the atmosphere as
provided in paragraphs (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6),
or (b)(7) of this section.
(1) Internal floating roof (IFR). Operate and maintain a fixed roof
and internal floating roof meeting the requirements of Sec. 65.43.
(2) External floating roof (EFR). Operate and maintain an external
floating roof meeting the requirements of Sec. 65.44.
(3) EFR converted to IFR. Operate and maintain an external floating
roof converted to an internal floating roof meeting the requirements of
Sec. 65.45.
(4) Closed vent system and flare. Operate and maintain a closed
vent system and flare as specified in Sec. 65.142(a)(1) of subpart G of
this part. Periods of planned routine maintenance of the flare during
which the flare does not meet the specifications of Sec. 65.147 of
subpart G of this part shall not exceed 240 hours per year. The
specifications and requirements in Sec. 65.147 of subpart G of this
part for flares do not apply during periods of planned routine
maintenance or during a control system malfunction. The owner or
operator shall report the periods of planned routine maintenance as
specified in Sec. 65.166(d) of subpart G of this part.
(5) Closed vent system and control device. Operate and maintain a
closed vent system and control device as specified in paragraphs
(b)(5)(i) through (b)(5)(iv) of this section and Sec. 65.142(a)(2) of
subpart G of this part.
(i) Except as provided in paragraph (a)(1)(ii) of this section, the
control device shall be designed and operated to reduce inlet emissions
of regulated material by 95 percent or greater.
(ii) For owners or operators referenced to this part from 40 CFR
part 63, subpart G, and if the owner or operator of a storage vessel
can demonstrate that a control device installed on the storage vessel
on or before December 31, 1992 is designed to reduce inlet emissions of
total organic HAP by greater than or equal to 90 percent but less than
95 percent, then the control device is
[[Page 57824]]
required to be operated to reduce inlet emissions of total organic HAP
by 90 percent or greater.
(iii) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraph (b)(5)(i) of this section, shall not exceed 240 hours per
year. The owner or operator shall report the periods of planned routine
maintenance as specified in Sec. 65.166(b) of subpart G of this part.
(iv) The requirements in paragraph (b)(5)(i) of this section for
control devices do not apply during periods of planned routine
maintenance or during a control system malfunction.
(6) Route to process or fuel gas system. Route the emissions to a
process or a fuel gas system as specified in Sec. 65.142(a)(3) of
subpart G of this part. Whenever the owner or operator bypasses the
fuel gas system or process, the owner or operator shall comply with the
recordkeeping requirement in Sec. 65.163(b)(3) of subpart G of this
part. Bypassing is permitted if the owner or operator complies with one
or more of the conditions specified in paragraphs (b)(6)(i) through
(b)(6)(iii) of this section.
(i) The liquid level in the storage vessel is not increased;
(ii) The emissions are routed through a closed vent system to a
control device complying with paragraph (b)(4) or (b)(5) of subpart C
of this part; or
(iii) The total aggregate amount of time during which the emissions
bypass the fuel gas system or process during the calendar year without
being routed to a control device, for all reasons (except startups/
shutdowns/malfunctions or product changeovers of flexible operation
units and periods when the storage vessel has been emptied and
degassed), does not exceed 240 hours.
(7) Equivalent requirements. Comply with an equivalent to the
requirements in paragraph (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), or
(b)(6) of this section, as provided in Sec. 65.46.
(c) For each storage vessel storing a liquid for which the maximum
true vapor pressure of the total regulated material in the liquid is
greater than or equal to 76.6 kilopascals (10.9 pounds per square
inch), the owner or operator shall meet the requirements in paragraph
(b)(4), (b)(5), or (b)(6) of this section, or equivalent as provided in
Sec. 65.46.
Sec. 65.43 Fixed roof with an internal floating roof (IFR).
(a) IFR design requirements. The owner or operator who elects to
control storage vessel regulated material emissions by using a fixed
roof and an internal floating roof shall comply with the design
requirements in paragraphs (a)(1) through (a)(4) of this section.
(1) The internal floating roof shall be designed to float on the
stored liquid surface except when the floating roof must be supported
by the leg supports.
(2) Except as provided in paragraph (a)(3) of this section, the
internal floating roof shall be equipped with a closure device between
the wall of the storage vessel and the floating roof edge and shall
consist of one of the devices listed in paragraph (a)(2)(i),
(a)(2)(ii), or (a)(2)(iii) of this section.
(i) A liquid-mounted seal.
(ii) A metallic shoe seal.
(iii) Two continuous seals mounted one above the other. The lower
seal may be vapor-mounted.
(3) If the internal floating roof is equipped with a vapor-mounted
seal as of December 31, 1992, paragraph (a)(2) of this section does not
apply until the next time the storage vessel is emptied and degassed or
by April 22, 2004, whichever occurs first.
(4) Except as provided in paragraph (a)(4)(viii) of this section,
each internal floating roof shall meet the specifications listed in
paragraphs (a)(4)(i) through (a)(4)(vii) of this section.
(i) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and rim space vents is
to provide a projection below the stored liquid surface.
(ii) Except for leg sleeves, automatic bleeder vents, rim space
vents, column wells, ladder wells, sample wells, and stub drains, each
opening shall be equipped with a gasketed cover or gasketed lid.
(iii) Each penetration of the internal floating roof shall be a
sample well. Each sample well shall have a slit fabric cover that
covers at least 90 percent of the opening.
(iv) Each automatic bleeder vent and rim space vent shall be
gasketed.
(v) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(vi) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
(vii) Covers on each access hatch and each gauge float well shall
be designed to be bolted or fastened when they are closed.
(viii) If the internal floating roof does not meet any one of the
specifications listed in paragraphs (a)(4)(i) through (a)(4)(vii) of
this section as of December 31, 1992, the requirement for meeting those
specifications does not apply until the next time the storage vessel is
emptied and degassed or by April 22, 2004, whichever occurs first.
(b) IFR operational requirements. The owner or operator using a
fixed roof and an internal floating roof shall comply with the
operational requirements in paragraphs (b)(1) through (b)(4) of this
section.
(1) The internal floating roof shall float on the stored liquid
surface at all times except when the floating roof must be supported by
the leg supports.
(2) When the floating roof is resting on the leg supports, the
process of filling or refilling shall be continuous and shall be
accomplished as soon as practical and the owner or operator shall
maintain the record specified in Sec. 65.47(e).
(3) Automatic bleeder vents are to be set to be closed at all times
when the roof is floating except when the roof is being floated off or
is being landed on the roof leg supports.
(4) Each cover, access hatch, gauge float well, or lid on any
opening in the internal floating roof shall be maintained in a closed
position at all times (i.e., no visible gaps) except when the device is
in actual use. Prior to filling the storage vessel, rim space vents are
to be set to open only when the internal floating roof is not floating
or when the pressure beneath the rim seal exceeds the manufacturer's
recommended setting.
(c) IFR inspection requirements. To demonstrate compliance, the
owner or operator shall visually inspect the internal floating roof,
the primary seal, and the secondary seal (if one is in service)
according to paragraphs (c)(1) through (c)(4) of this section and
maintain records of the IFR inspection results as specified in
Sec. 65.47(c)(1).
(1) Single seal. For vessels equipped with a single-seal system,
the owner or operator shall perform the inspections specified in
paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
(i) Visually inspect for IFR type A failures the internal floating
roof and the seal through manholes and roof hatches on the fixed roof
no less frequently than once every 12 months.
(ii) Visually inspect for IFR type B failures the internal floating
roof, the seal, gaskets, slotted membranes, and sleeve seals (if any)
each time the storage vessel is emptied, but no less frequently than
once every 10 years.
(2) Double seal. For vessels equipped with two continuous seals
mounted one above the other, the owner or operator shall perform either
the inspection
[[Page 57825]]
required in paragraph (c)(2)(i) of this section or the inspections
required in paragraph (c)(2)(ii) of this section.
(i) Visually inspect for IFR type B failures the internal floating
roof, the primary seal, the secondary seal, gaskets, slotted membranes,
and sleeve seals (if any) each time the storage vessel is emptied, but
no less frequently than once every 5 years; or
(ii) Visually inspect the internal floating roof and the other
components as specified in paragraphs (c)(2)(ii)(A) and (c)(2)(ii)(B)
of this section.
(A) For IFR type A failures, inspect the secondary seal through
manholes and roof hatches on the fixed roof no less frequently than
once every 12 months; and
(B) For IFR type B failures, inspect the primary seal, the
secondary seal, gaskets, slotted membranes, and sleeve seals (if any)
each time the vessel is emptied, but no less frequently than once every
10 years.
(3) For inspections to determine if any IFR type B failures are
present as required by paragraphs (c)(1)(ii), (c)(2)(i), and
(c)(2)(ii)(B) of this section, the owner or operator shall comply with
the refilling notification requirements specified in Sec. 65.48(c)(1).
(4) After installing the control equipment required to comply with
Sec. 65.42(b)(1) or (b)(3), visually inspect the internal floating
roof, the primary seal, and the secondary seal (if one is in service)
prior to filling the storage vessel with regulated material. If there
are holes, tears, or other openings in the primary seal, the secondary
seal, or the seal fabric, or defects in the internal floating roof, the
owner or operator shall repair the items before filling the storage
vessel.
(d) IFR repair requirements. The owner or operator shall repair any
observed or determined failures, according to paragraphs (d)(1) and
(d)(2) of this section.
(1) If an IFR type A failure is observed, the owner or operator
shall repair the items or empty and remove the storage vessel from
service within 45 calendar days. If the failure cannot be repaired
within 45 calendar days or if the vessel cannot be emptied within 45
calendar days, the owner or operator may utilize up to two extensions
of up to 30 additional calendar days each and keep the records
specified in Sec. 65.47(d).
(2) If an IFR type B failure is determined, the owner or operator
shall repair the items and comply with the refilling notification
requirements of Sec. 65.48(c)(1) before refilling the storage vessel
with regulated material.
Sec. 65.44 External floating roof (EFR).
(a) EFR design requirements. The owner or operator who elects to
control storage vessel regulated material emissions by using an
external floating roof shall comply with the design requirements listed
in paragraphs (a)(1) through (a)(3) of this section.
(1) The external floating roof shall be designed to float on the
stored liquid surface except when the floating roof must be supported
by the leg supports.
(2) The external floating roof shall be equipped with a closure
device between the wall of the storage vessel and the roof edge.
(i) Except as provided in paragraph (a)(2)(iii) of this section,
the closure device is to consist of two continuous seals, one above the
other. The lower seal is referred to as the primary seal and the upper
seal is referred to as the secondary seal.
(ii) Except as provided in paragraph (a)(2)(iv) of this section,
the primary seal shall be either a metallic shoe seal or a liquid-
mounted seal.
(iii) If the external floating roof is equipped with a liquid-
mounted or metallic shoe primary seal as of December 31, 1992, the
requirement for a secondary seal in paragraph (a)(2)(i) of this section
does not apply until the next time the storage vessel is emptied and
degassed or by April 22, 2004 whichever occurs first.
(iv) If the external floating roof is equipped with a vapor-mounted
primary seal and a secondary seal as of December 31, 1992 the
requirement for a liquid-mounted or metallic shoe primary seal in
paragraph (a)(2)(ii) of this section does not apply until the next time
the storage vessel is emptied and degassed or by April 22, 2004,
whichever occurs first.
(3) The external floating roof shall meet the specifications listed
in paragraphs (a)(3)(i) through (a)(3)(xiii) of this section.
(i) Except for automatic bleeder vents (vacuum breaker vents) and
rim space vents, each opening in the noncontact external floating roof
shall provide a projection below the stored liquid surface except as
provided in paragraph (a)(3)(xiii) of this section.
(ii) Covers on each access hatch and each gauge float well shall be
designed to be bolted or fastened when they are closed.
(iii) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening shall be equipped with a gasketed
cover, seal, or lid.
(iv) Automatic bleeder vents and rim space vents shall be equipped
with a gasket.
(v) Each roof drain that empties into the stored liquid shall be
equipped with a slotted membrane fabric cover that covers at least 90
percent of the area of the opening.
(vi) Each unslotted and slotted guide pole well shall be equipped
with a gasketed sliding cover or a flexible fabric sleeve seal.
(vii) Except for antirotational devices equipped with a welded cap,
each unslotted guide pole shall be equipped with a gasketed cap on the
end of the pole.
(viii) Each slotted guide pole shall be equipped with a gasketed
float or other device that closes off the stored liquid surface from
the atmosphere.
(ix) Each gauge hatch/sample well shall be equipped with a gasketed
cover.
(x) Where a metallic shoe seal is in use as the primary seal, one
end of the metallic shoe shall be designed to extend into the stored
liquid and the other end shall extend a minimum vertical distance of 61
centimeters (24 inches) above the stored liquid surface.
(xi) The secondary seal shall be designed to be installed above the
primary seal so that it completely covers the space between the roof
edge and the vessel wall.
(xii) For the primary and secondary seals, there shall be no holes,
tears, or other openings in the shoe, seal fabric, or seal envelope.
(xiii) If each opening in a noncontact external floating roof
except for automatic bleeder vents (vacuum breaker vents) and rim space
vents does not provide a projection below the liquid surface as of
December 31, 1992 the requirement for providing these projections below
the liquid surface does not apply until the next time the storage
vessel is emptied and degassed or by April 22, 2004, whichever occurs
first.
(b) EFR operational requirements. The owner or operator using an
external floating roof shall comply with the operational requirements
in paragraphs (b)(1) through (b)(9) of this section.
(1) The external floating roof shall float on the stored liquid
surface at all times except when the floating roof must be supported by
the leg supports.
(2) When the floating roof is resting on the leg supports, the
process of filling or refilling shall be continuous and shall be
accomplished as soon as practical and the owner or operator shall
maintain the record specified in Sec. 65.47(e).
(3) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening shall be maintained in a closed
position (i.e., no
[[Page 57826]]
visible gap) at all times except when the device is in actual use.
(4) Covers on each access hatch and each gauge float well shall be
bolted or fastened when they are closed.
(5) Automatic bleeder vents are to be set to be closed at all times
when the roof is floating except when the roof is being floated off or
is being landed on the roof leg supports.
(6) Rim space vents are to be set to open only when the roof is
being floated off the roof leg supports or when the pressure beneath
the rim seal exceeds the manufacturer's recommended setting.
(7) The cap on the end of each unslotted guide pole shall be closed
at all times except when gauging the stored liquid level or taking
samples of the stored liquid.
(8) The cover on each gauge hatch/sample well shall be closed at
all times except when the hatch or well must be open for access.
(9) Except during the inspections required by paragraph (c) of this
section, both the primary seal and the secondary seal shall completely
cover the annular space between the external floating roof and the wall
of the storage vessel in a continuous fashion.
(c) EFR inspection requirements. To demonstrate compliance for an
external floating roof vessel, the owner or operator shall use the
procedures in paragraphs (c)(4) through (c)(9) of this section for seal
gaps according to the frequency specified in paragraphs (c)(1) through
(c)(3) of this section and meet the requirements of (c)(10).
(1) Measurements of gaps between the vessel wall and the primary
seal shall be performed no less frequently than once every 5 years and
at the times specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this
section. The owner or operator shall maintain records of the EFR seal
gap measurements as specified in Sec. 65.47(c)(2).
(i) During the hydrostatic testing of the vessel, by initial
startup, or within 90 days of the initial fill with regulated material.
(ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as
provided for in paragraph (a)(2)(iii) of this section, measurements of
gaps between the vessel wall and the primary seal shall be performed at
least once per year until a secondary seal is installed. When a
secondary seal is installed above the primary seal, measurements of
gaps between the vessel wall and both the primary and secondary seals
shall be performed within 90 calendar days of installation of the
secondary seal and according to the frequency specified in paragraphs
(c)(1) through (c)(3) of this section thereafter.
(2) Measurements of gaps between the vessel wall and the secondary
seal shall be performed no less frequently than once per year and
within 90 days of the initial fill with regulated material, within 90
days of installation of the secondary seal, or by initial startup. The
owner or operator shall maintain records of the EFR seal gap
measurements as specified in Sec. 65.47(c)(2).
(3) If any storage vessel ceases to store regulated material for a
period of 1 year or more, measurements of gaps between the vessel wall
and the primary seal, and gaps between the vessel wall and the
secondary seal shall be performed within 90 days of the vessel being
refilled with regulated material. The owner or operator shall maintain
records of the EFR seal gap measurements as specified in
Sec. 65.47(c)(2).
(4) If the tank contains regulated material, all primary seal
inspections or gap measurements that require the removal or dislodging
of the secondary seal shall be accomplished as soon as possible, and
the secondary seal shall be replaced as soon as possible.
(5) The owner or operator shall notify the Administrator 30 days
before any EFR seal gap measurement as specified in Sec. 65.48(c)(2).
(6) Except as provided in paragraph (d) of this section, the owner
or operator shall determine gap widths and gap areas in the primary and
secondary seals (seal gaps) individually by the procedures described in
paragraphs (c)(6)(i) through (c)(6)(iii) of this section.
(i) Seal gaps, if any, shall be measured at one or more floating
roof levels when the roof is not resting on the roof leg supports.
(ii) Seal gaps, if any, shall be measured around the entire
circumference of the vessel in each place where a 0.32 centimeter (1/8
inch) diameter uniform probe passes freely (without forcing or binding
against the seal) between the seal and the wall of the storage vessel.
The circumferential distance of each such location shall also be
measured.
(iii) The total surface area of each gap described in paragraph
(c)(6)(ii) of this section shall be determined by using probes of
various widths to measure accurately the actual distance from the
vessel wall to the seal and multiplying each such width by its
respective circumferential distance.
(7) The owner or operator shall add the gap surface area of each
gap location for the primary seal and divide the sum by the nominal
diameter of the vessel. The owner or operator shall include the
calculations in the record of the seal gap measurement as specified in
Sec. 65.47(c)(2). For metallic shoe primary seals or liquid-mounted
primary seals, the accumulated area of gaps between the vessel wall and
the primary seal shall not exceed 212 square centimeters per meter of
vessel diameter (10.0 square inches per foot of vessel diameter) and
the width of any portion of any gap shall not exceed 3.81 centimeters
(1.50 inches).
(8) The owner or operator shall add the gap surface area of each
gap location for the secondary seal and divide the sum by the nominal
diameter of the vessel. The owner or operator shall include the
calculations in the record of the seal gap measurement as specified in
Sec. 65.47(c)(2). The accumulated area of gaps between the vessel wall
and the secondary seal used in combination with a metallic shoe seal or
liquid-mounted primary seal shall not exceed 21.2 square centimeters
per meter of vessel diameter (1.00 square inch per foot of vessel
diameter) and the width of any portion of any gap shall not exceed 1.27
centimeters (0.50 inch). The secondary seal gap requirements may be
exceeded during the measurement of primary seal gaps as required by
paragraph (c)(1) of this section.
(9) If the owner or operator determines that it is unsafe to
perform the seal gap measurements or to inspect the vessel to determine
compliance because the floating roof appears to be structurally unsound
and poses an imminent or potential danger to inspecting personnel, the
owner or operator shall comply with the requirements in either
paragraph (c)(9)(i) or (c)(9)(ii) of this section.
(i) The owner or operator shall measure the seal gaps or inspect
the storage vessel no later than 30 calendar days after the
determination that the roof is unsafe; or
(ii) The owner or operator shall empty and remove the storage
vessel from service no later than 45 calendar days after determining
that the roof is unsafe. If the vessel cannot be emptied within 45
calendar days, the owner or operator may utilize up to two extensions
of up to 30 additional calendar days each and comply with the
recordkeeping requirements in Sec. 65.47(d).
(10) The owner or operator shall visually inspect for EFR failures
of the external floating roof, the primary seal, secondary seal, and
fittings prior to initial filling and each time the vessel is emptied
(including initially before the vessel is filled with regulated
material), shall maintain records of the EFR
[[Page 57827]]
inspection results as specified in Sec. 65.47(c)(1), and shall comply
with the refilling notification requirements specified in
Sec. 65.48(c)(1).
(d) EFR repair requirements. (1) The owner or operator shall repair
conditions that do not meet seal gap specifications listed in
paragraphs (c)(7) and (c)(8) of this section or any EFR failure
observed by the inspection required by paragraph (c)(10) of this
section no later than 45 calendar days after identification, or shall
empty and remove the storage vessel from service no later than 45
calendar days after identification. If the vessel cannot be repaired or
emptied within 45 calendar days, the owner or operator may utilize up
to two extensions of up to 30 additional calendar days each and comply
with the recordkeeping requirements in Sec. 65.47(d).
(2) If an EFR failure is observed by the inspection required by
paragraph (c)(10) of this section, the owner or operator shall repair
the items as necessary so that none of the conditions specified in that
paragraph exist before filling or refilling the storage vessel with
regulated material.
Sec. 65.45 External floating roof converted into an internal floating
roof.
The owner or operator who elects to control storage vessel
regulated material emissions by using an external floating roof
converted into an internal floating roof shall comply with the internal
floating roof requirements of Sec. 65.43 except Sec. 65.43(a)(3),
(b)(2), and (b)(3) and the external floating roof deck fitting
requirements of Sec. 65.44 except Sec. 65.44(a)(1), (a)(2), (b)(1),
(b)(8), (b)(9), (c), and (d), including the recordkeeping and reporting
provisions referenced therein.
Sec. 65.46 Alternative means of emission limitation.
Any person seeking permission to use an alternative means of
compliance under this section shall use the procedures of Sec. 65.8 of
subpart A of this part.
Sec. 65.47 Recordkeeping provisions.
(a) Retention time. Each owner or operator of a storage vessel
subject to this subpart shall meet the requirements of Sec. 65.4 of
subpart A of this part, except the record specified in paragraph (b) of
this section shall be kept as long as the storage vessel is in
operation.
(b) Vessel dimensions and capacity. Each owner or operator of a
storage vessel subject to this subpart shall keep readily accessible
records showing the dimensions of the storage vessel and an analysis of
the capacity of the storage vessel.
(c) Inspection results. The owner or operator shall keep the
following records as specified in paragraphs (c)(1) and (c)(2) of this
section.
(1) For each IFR or EFR inspection required by Sec. 65.43(c)(1) and
(c)(2) or Sec. 65.44(c)(10), respectively, a record containing the
information listed in paragraph (c)(1)(i) or (c)(1)(ii) of this
section, as appropriate.
(i) In the event that no IFR type A failure, IFR type B failure, or
EFR failure is observed, a record showing that the inspection was
performed. The record shall identify the storage vessel on which the
inspection was performed, the date the storage vessel was inspected,
and references indicating which items were inspected.
(ii) In the event that an IFR type A failure, IFR type B failure,
or EFR failure is observed, a record that identifies the storage vessel
on which the inspection was performed, the date the storage vessel was
inspected, a description of the failure and of the repair made, the
date the vessel was emptied (if applicable), and the date that the
repair was made. As specified in Sec. 65.48(b)(1), the owner or
operator shall include this record in the periodic report.
(2) For each EFR seal gap measurement required by Sec. 65.44(c)(1),
(c)(2) or (c)(3), a record describing the results of the measurement.
The record shall identify the vessel on which the measurement was
performed, shall include the date of the measurement, the raw data
obtained in the measurement, and the calculations described in
Sec. 65.44(c)(7) and (c)(8), and shall meet any additional requirements
in paragraph (c)(2)(i) or (c)(2)(ii) of this section, as appropriate.
(i) In the event that the seal gap measurements do conform to the
specifications in Sec. 65.44(c)(7) and (c)(8), the owner or operator
shall submit the information specified in Sec. 65.48(b)(2)(i) in the
periodic report.
(ii) In the event that the seal gap measurements do not conform to
the specifications in Sec. 65.44(c)(7) and (c)(8), the owner or
operator shall also keep a description of the repairs that were made,
the date the repairs were made, and the date the storage vessel was
emptied and shall include a report of the seal gap measurement results
in the periodic report as specified in Sec. 65.48(b)(2)(ii).
(d) Emptying and repairing extension. The owner or operator who
elects to utilize an extension in emptying a storage vessel for
purposes of repair shall prepare by the initiation of the extension the
documentation as specified in paragraph (d)(1) or (d)(2) of this
section, as appropriate, of the decision to utilize an extension.
(1) For an extension pursuant to Sec. 65.43(d)(1) or
Sec. 65.44(d)(1), a description of the failure, documentation that
alternative storage capacity is unavailable, and a schedule of actions
that will ensure that the control equipment will be repaired or the
vessel will be emptied as soon as practical. As specified in
Sec. 65.48(b)(1)(i), the owner or operator shall include this
information in the periodic report.
(2) For an extension pursuant to Sec. 65.44(c)(9), an explanation
of why it was unsafe to perform the inspection or seal gap measurement,
documentation that alternate storage capacity is unavailable, and a
schedule of actions that will ensure that the vessel will be emptied as
soon as practical. As specified in Sec. 65.48(b)(3), the owner or
operator shall include this information in the periodic report.
(e) Floating roof set on its legs. The owner or operator shall
maintain a record for each storage vessel subject to Secs. 65.43(b)(2)
and 65.44(b)(2) identifying the date when the floating roof was set on
its legs and the date when the roof was refloated. The record shall
also indicate whether this was a continuous operation.
Sec. 65.48 Reporting provisions.
(a) Notification of initial startup. If Sec. 65.5(b) of subpart A
of this part requires that a notification of initial startup be filed,
then the content of the notification of initial startup shall at least
include the information specified in Sec. 65.5(b) of subpart A of this
part and the identification of each storage vessel, its capacity, and
the types of regulated material stored in the storage vessel.
(b) Periodic reports. Report the information specified in
paragraphs (b)(1) through (b)(3) of this section, as applicable, in the
periodic report specified in Sec. 65.5(e) of subpart A of this part.
(1) Inspection results. Report the information specified in
paragraphs (b)(1)(i) and (b)(1)(ii) of this section for each inspection
conducted in accordance with Secs. 65.43(c) and 65.44(c) in which an
IFR or EFR failure is detected in the control equipment.
(i) If an IFR type A failure or an EFR failure is observed for
vessels for which inspections are required under Sec. 65.43(c)(1)(i),
Sec. 65.43(c)(2)(ii)(A), or Sec. 65.44(c)(10), each report shall
include a copy of the inspection results record listed in
Sec. 65.47(c)(1)(ii). If an extension is utilized in accordance with
Sec. 65.43(d)(1) or Sec. 65.44(d)(1), the report shall include the copy
of the records listed in Sec. 65.47(c)(1)(ii) plus the
[[Page 57828]]
documentation specified in Sec. 65.47(d)(1).
(ii) If an IFR type B failure is observed for vessels for which
inspections are required under Sec. 65.43(c)(1)(ii), (c)(2)(i), or
(c)(2)(ii)(B), each report shall include a copy of the records listed
in Sec. 65.47(c)(1)(ii).
(2) Seal gap measurements results. (i) For each vessel whose seal
gaps are measured during the reporting period, identify each seal gap
measurement made in accordance with Sec. 65.44(c) in which the
requirements of Sec. 65.44(c)(7) or (c)(8) are met.
(ii) For each seal gap measurement made in accordance with
Sec. 65.44(c) in which the requirements of Sec. 65.44(c)(7) or (c)(8)
are not met, from the records kept pursuant to Sec. 65.47(c)(2) report
the date of the measurements, results of the calculations, and note
which seal gap measurements did not conform to the specifications in
Sec. 65.44(c)(7) and (c)(8).
(3) Extension documentation. If an extension is utilized in
accordance with Sec. 65.44(c)(9), the owner or operator shall include
the documentation specified in Sec. 65.47(d)(2) in the next report
required by Sec. 65.5(e) of subpart A of this part.
(c) Special notifications. An owner or operator who elects to
comply with Sec. 65.43, Sec. 65.44, or Sec. 65.45 shall submit, as
applicable, the reports specified in paragraphs (c)(1) and (c)(2) of
this section except as specified in paragraph (c)(3) of this section.
Each written notification or report shall also include the information
specified in Sec. 65.5(f) of subpart A of this part.
(1) Refilling notification. In order to afford the Administrator
the opportunity to have an observer present, notify the Administrator
prior to refilling of a storage vessel that has been emptied. If the
storage vessel is equipped with an internal floating roof as specified
in Sec. 65.43, an external floating roof as specified in Sec. 65.44, or
an external floating roof converted to an internal floating roof as
specified in Sec. 65.45, the notification shall meet the requirements
of either paragraph (c)(1)(i) or (c)(1)(ii) of this section, as
applicable.
(i) Notify the Administrator in writing at least 30 calendar days
prior to the refilling of each storage vessel; or
(ii) If the inspection is not planned and the owner or operator
could not have known about the inspection 30 calendar days in advance
of refilling the vessel, the owner or operator shall notify the
Administrator as soon as practical, but no later than 7 calendar days
prior to the refilling of the storage vessel. Notification may be made
by telephone and immediately followed by written documentation
demonstrating why the inspection was unplanned. Alternatively, the
notification including the written documentation may be made in writing
and sent so that it is received by the Administrator at least 7
calendar days prior to refilling.
(2) Seal gap measurement notification. In order to afford the
Administrator the opportunity to have an observer present, the owner or
operator of a storage vessel equipped with an external floating roof as
specified in Sec. 65.44 shall notify the Administrator in writing 30
calendar days in advance of any seal gap measurements.
(3) Notification waiver. Where a notification required by paragraph
(c)(1) or (c)(2) of this section is sent to a delegated State or local
agency, a copy of the notification to the Administrator is not
required. A delegated State or local agency may waive the requirements
for these notifications.
(d) Compliance certification. For sources subject to the compliance
certification provisions of title V, a recertification of continuous
compliance with Secs. 65.43(b)(1) and 65.44(b)(1) shall be based on the
annual inspections required by Sec. 65.43(c)(1)(i) and (c)(2)(ii)(A)
and at other times when the roof is viewed.
Secs. 65.49-65.59 [Reserved]
Subpart D--Process Vents
Sec. 65.60 Applicability.
The provisions of this subpart and of subpart A of this part apply
to control of regulated material emissions from process vents where a
referencing subpart references the use of this subpart for such
emissions control.
Sec. 65.61 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.62 Process vent group determination.
(a) Group status. The owner or operator of a process vent shall
determine the group status (i.e., Group 1, Group 2A, or Group 2B) for
each process vent. Group 1 process vents require control, and Group 2A
and 2B process vents do not. Group 2A process vents require parameter
monitoring, and Group 2B process vents do not. The owner or operator
shall report the group status of each process vent as specified in
Sec. 65.5(c)(2) of subpart A of this part.
(b) Group 1. A process vent is considered Group 1 if it meets at
least one of the specifications listed in paragraph (b)(1) or (b)(2) of
this section.
(1) The owner or operator designates the process vent as Group 1.
(2) At representative conditions for the process vent, the TRE
index value is less than or equal to 1.0, the flow rate is greater than
or equal to 0.011 standard cubic meter per minute (0.40 standard cubic
foot per minute), and the concentration is greater than or equal to the
applicable table 1 criterion. Procedures for determining the TRE index
value, flow rate, and concentration are specified in Sec. 65.64.
(c) Group 2A. A process vent is considered Group 2A if, at
representative conditions, it has a TRE index value of greater than 1.0
and less than or equal to 4.0, a flow rate of greater than or equal to
0.011 standard cubic meter per minute (0.40 standard cubic foot per
minute), and a concentration greater than or equal to the applicable
table 1 criterion. Procedures for determining the TRE index value, flow
rate, and concentration are specified in Sec. 65.64.
(d) Group 2B. A process vent is considered Group 2B if, at
representative conditions, it has a TRE index value of greater than
4.0; or a flow rate of less than 0.011 standard cubic meter per minute
(0.40 standard cubic foot per minute); or a concentration less than the
applicable table 1 criterion. Procedures for determining the TRE index
value, flow rate, and concentration are specified in Sec. 65.64.
Sec. 65.63 Performance and group status change requirements.
(a) Group 1 performance requirements. Except for the additional
requirement for halogenated vent streams as provided in paragraph (b)
of this section, the owner or operator of a Group 1 process vent shall
comply with the requirements of either paragraph (a)(1), (a)(2), or
(a)(3) of this section.
(1) Flare. Reduce emissions of regulated material using a flare
meeting the applicable requirements of Sec. 65.142(b) of subpart G of
this part.
(2) 98 percent or 20 parts per million by volume standard. Reduce
emissions of regulated material or TOC by at least 98 weight-percent or
to a concentration of less than 20 parts per million by volume,
whichever is less stringent. For combustion devices, the emission
reduction or concentration shall be calculated on a dry basis, and
corrected to 3 percent oxygen. The owner or operator shall meet the
requirements in Sec. 65.142(b) of subpart G of this part and
[[Page 57829]]
paragraphs (a)(2)(i) and/or (a)(2)(ii) of this section.
(i) Compliance with paragraph (a)(2) of this section may be
achieved by using any combination of combustion, recovery, and/or
recapture devices except that a recovery device may not be used to
comply with paragraph (a)(2) of this section by reducing emissions of
total regulated material by 98 weight-percent, except as provided in
paragraph (a)(2)(ii) of this section.
(ii) An owner or operator may use a recovery device alone or in
combination with one or more combustion or recapture devices to reduce
emissions of total regulated material by 98 weight-percent if all the
conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(C) of this
section are met.
(A) For process vents referenced to this part by 40 CFR part 63,
subpart G, the recovery device (and any combustion device or recapture
device that operates in combination with the recovery device to reduce
emissions of total regulated material by 98 weight-percent) was
installed before December 31, 1992.
(B) The recovery device that will be used to reduce emissions of
total regulated material by 98 weight-percent is the last recovery
device before emission to the atmosphere.
(C) The recovery device alone or in combination with one or more
combustion or recapture devices is capable of reducing emissions of
total regulated material by 98 weight-percent but is not capable of
reliably reducing emissions of total regulated material to a
concentration of 20 parts per million by volume.
(D) If the owner or operator disposed of the recovered material,
the recovery device would be considered a recapture device and comply
with the requirements of this subpart and Sec. 65.142(b) of subpart G
for control devices.
(3) TRE index value. Achieve and maintain a TRE index value greater
than 1.0 at the outlet of the final recovery device, or prior to
release from the process vent to the atmosphere if no recovery device
is present. If the TRE index value is greater than 1.0, the process
vent shall meet the provisions for a Group 2A or 2B process vent
specified in either paragraph (c), (d), (e), or (f) of this section,
whichever is applicable.
(b) Halogenated Group 1 performance requirement. Halogenated Group
1 process vents that are combusted shall be controlled according to
paragraph (b)(1) or (b)(2) of this section. Determination of whether a
vent stream is halogenated shall be made using the procedures specified
in Sec. 65.64(g) and the halogen concentration in the vent stream shall
be recorded and reported in the Initial Compliance Status Report as
specified in Sec. 65.160(d) of subpart G of this part.
(1) Halogen reduction device following combustion. If a combustion
device is used to comply with paragraph (a)(2) of this section for a
halogenated process vent, then the process vent exiting the combustion
device shall be ducted to a halogen reduction device including, but not
limited to, a scrubber before it is discharged to the atmosphere and
the halogen reduction device shall meet the requirements of paragraph
(b)(1)(i) or (b)(1)(ii) of this section, as applicable. The halogenated
process vent shall not be combusted using a flare.
(i) Except as provided in paragraph (b)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens by 99 percent or shall reduce the outlet mass of
total hydrogen halides and halogens to less than 0.45 kilogram per hour
(0.99 pound per hour), whichever is less stringent. The owner or
operator shall meet the requirements in Sec. 65.142(b) of subpart G of
this part.
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the device shall reduce overall emissions
of hydrogen halides and halogens by 95 percent or shall reduce the
outlet mass of total hydrogen halides and halogens to less than 0.45
kilogram per hour (0.99 pound per hour), whichever is less stringent.
The owner or operator shall meet the requirements in Sec. 65.142(b) of
subpart G of this part.
(2) Halogen reduction device prior to combustion. A halogen
reduction device, such as a scrubber, or other technique may be used to
reduce the process vent halogen atom mass emission rate to less than
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion
control device and thus make the process vent nonhalogenated; the
process vent must comply with the requirements of paragraph (a)(1) or
(a)(2) of this section. The halogen atom mass emission rate prior to
the combustor shall be determined according to the procedures in
Sec. 65.64(g). The owner or operator shall meet the requirements in
Sec. 65.142(b) of subpart G of this part.
(c) Performance requirements for group 2A process vents with
recovery devices. For Group 2A process vents, where the owner or
operator is using a recovery device to maintain a TRE index value
greater than 1.0, the owner or operator shall maintain a TRE index
value greater than 1.0 and comply with the requirements for recovery
devices in Sec. 65.142(b) of subpart G of this part.
(d) Performance requirements for group 2A process vents without
recovery devices. For Group 2A process vents where the owner or
operator is not using a recovery device to maintain a TRE index value
greater than 1.0, determine the appropriate parameters to be monitored
and submit the information as specified in paragraphs (d)(1), (d)(2),
and (d)(3) of this section. Such information shall be submitted for
approval to the Administrator as part of a title V permit application
or by separate notice. The owner or operator shall monitor as specified
in Sec. 65.65(a), maintain the record specified in Sec. 65.66(e), and
submit reports as specified in Sec. 65.67(c).
(1) Parameter monitoring. A description of the parameter(s) to be
monitored to ensure the owner or operator of a process vent achieves
and maintains the TRE above 1.0. and an explanation of the criteria
used to select the parameter(s).
(2) Demonstration methods and procedures. A description of the
methods and procedures that will be used to demonstrate that the
parameter indicates proper operation of the process, the schedule for
this demonstration, and a statement that the owner or operator will
establish a range for the monitored parameter as part of the Initial
Compliance Status Report required in Sec. 65.5(d) of subpart A of this
part, unless this information has already been included in the
operating permit application.
(3) Monitoring, recordkeeping, and reporting frequency. The
frequency and content of monitoring, recording, and reporting if
monitoring and recordkeeping are not continuous, or if reports of daily
average values when the monitored parameter value is outside the range
established in the operating permit or Initial Compliance Status Report
will not be included in periodic reports required under Sec. 65.5(e) of
subpart A of this part. The rationale for the proposed monitoring,
recording, and reporting system shall be included.
(e) Group 2B performance requirements. For Group 2B process vents,
the owner or operator shall maintain a TRE index greater than 4.0, a
flow rate less than 0.011 scmm, or a concentration less than the
applicable criteria in table 1 of this subpart.
(f) Group 2A or 2B process change requirements. Whenever process
changes are made that could reasonably be expected to change a Group 2A
or 2B process vent to a Group 1 vent, the owner or operator shall
recalculate the TRE index value, flow, or TOC or
[[Page 57830]]
organic hazardous air pollutant (HAP) concentration according to
paragraph (f)(1), (f)(2), or (f)(3) of this section as specified for
each process vent as necessary to determine whether the process vent is
Group 1, Group 2A, or Group 2B and shall maintain the applicable
records specified in Sec. 65.66(d). Examples of process changes
include, but are not limited to, changes in production capacity,
production rate, feedstock type, or catalyst type, or whenever there is
replacement, removal, or addition of recovery equipment. For purposes
of paragraph (f) of this section, process changes do not include
process upsets; unintentional, temporary process changes; and changes
that are within the range on which the original TRE index value
calculation was based.
(1) Flow rate. The flow rate shall be determined as specified in
the sampling site and flow rate determination procedures in Sec. 65.64
(b) and (d) or by using best engineering assessment of the effects of
the change. Engineering assessments shall meet the specifications in
Sec. 65.64(i);
(2) Concentration. The TOC or organic HAP concentration shall be
determined as specified in Sec. 65.64 (b) and (c) or by using best
engineering assessment of the effects of the change. Engineering
assessments shall meet the specifications in Sec. 65.64(i); or
(3) TRE index value. The TRE index value shall be recalculated
based on measurements of process vent flow rate, TOC, and/or organic
HAP concentrations, and heating values as specified in Sec. 65.64 (b),
(c), (d), (e), (f), (g), and (h) as applicable, or based on best
engineering assessment of the effects of the change. Engineering
assessments shall meet the specifications in Sec. 65.64(i).
(4) Group status change to Group 1. Where the process change causes
the group status to change to Group 1, the owner or operator shall
comply with the Group 1 process vent provisions in paragraph (a) of
this section and, if they apply, the halogenated Group 1 process vent
provisions in paragraph (b) of this section upon initial startup unless
the owner or operator demonstrates to the Administrator that achieving
compliance will take longer than making the process change. If this
demonstration is made to the Administrator's satisfaction, the owner or
operator shall comply as expeditiously as practical, but in no event
later than 3 years after the emission point becomes Group 1, and shall
follow the procedures in paragraphs (f)(4)(i) through (f)(4)(iii) of
this section to establish a compliance date.
(i) The owner or operator shall submit to the Administrator for
approval a compliance schedule, along with a justification for the
schedule.
(ii) The compliance schedule shall be submitted with the operating
permit application or amendment or by other appropriate means.
(iii) The Administrator shall approve the compliance schedule or
request changes within 120 calendar days of receipt of the compliance
schedule and justification.
(5) Group status change to Group 2A. Whenever a process change
causes the process vent group status to change to Group 2A, the owner
or operator shall comply with the provisions of paragraph (c) or (d) of
this section upon completion of the group status determination of the
process vent. The owner or operator shall perform the group status
determination as soon as practical after the process change and within
180 days after the process change.
(6) Group status change to Group 2B. Whenever a process change
causes the process vent group status to change to Group 2B, the owner
or operator shall comply with the provisions of paragraph (e) of this
section as soon as practical after the process change.
Sec. 65.64 Group determination procedures.
(a) General. The provisions of this section provide calculation and
measurement methods for parameters that are used to determine group
status.
(b)(1) Sampling site. For purposes of determining total organic TOC
or HAP concentration, process vent volumetric flow rate, heating value,
or TRE index value as specified under paragraph (c), (d), (e), (f), or
(h) of this section, the sampling site shall be located after the last
recovery device (if any recovery devices are present) but prior to the
inlet of any control device that is present, and prior to release to
the atmosphere.
(2) Sampling site when a halogen reduction device is used prior to
a combustion device. An owner or operator using a scrubber or other
halogen reduction device to reduce the process vent halogen atom mass
emission rate to less than 0.45 kilogram per hour (0.99 pound per hour)
prior to a combustion control device in compliance with
Sec. 65.63(b)(2) shall determine the halogen atom mass emission rate
prior to the combustor according to the procedures in paragraph (g) of
this section.
(3) Sampling Site Selection Method. Method 1 or 1A of 40 CFR part
60, appendix A, as appropriate, shall be used for selection of the
sampling site. No traverse site selection method is needed for process
vents smaller than 0.10 meter (4 inches) in nominal inside diameter.
(c) TOC or HAP concentration. The TOC or HAP concentrations used
for TRE index value calculations in paragraph (h) of this section shall
be determined based on paragraph (c)(1) of this section, or any other
method or data that have been validated according to the protocol in
Method 301 of appendix A of part 63. For concentrations needed for
comparison with the appropriate concentration in table 1 of this
subpart, TOC or HAP concentration shall be determined based on
paragraph (c)(1), (c)(2), or (i) of this section or any other method or
data that have been validated according to the protocol in Method 301
of appendix A of part 63. The owner or operator shall record the TOC or
HAP concentration as specified in Sec. 65.66(c).
(1) Method 18. The procedures specified in paragraphs (c)(1)(i) and
(c)(1)(ii) of this section shall be used to calculate parts per million
by volume concentration using Method 18 of 40 CFR part 60, appendix A.
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or four grab samples shall be taken. If
grab sampling is used, then the samples shall be taken at approximately
equal intervals in time, such as 15-minute intervals during the run.
(ii) The concentration of either TOC (minus methane and ethane) or
organic HAP emissions shall be calculated according to paragraph
(c)(1)(ii)(A) or (c)(1)(ii)(B) of this section, as applicable.
(A) The TOC concentration (C<INF>TOC</INF>) is the sum of the
concentrations of the individual components and shall be computed for
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.003
Where:
C<INF>TOC</INF>=Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
x=Number of samples in the sample run.
n=Number of components in the sample.
C<INF>ji</INF>=Concentration of sample component j of the sample i, dry
basis, parts per million by volume.
(B) The total organic HAP concentration (CHAP) shall be computed
according to the equation in paragraph (c)(1)(ii)(A) of this section
[[Page 57831]]
except that only the organic HAP species shall be summed.
(2) Method 25A. The procedures specified in paragraphs (c)(2)(i)
through (c)(2)(vi) of this section shall be used to calculate parts per
million by volume concentration using Method 25A of 40 CFR part 60,
appendix A.
(i) Method 25A of 40 CFR part 60, appendix A, shall be used only if
a single organic compound of regulated material is greater than 50
percent of total organic HAP or TOC, by volume, in the process vent.
(ii) The process vent composition may be determined by either
process knowledge, test data collected using an appropriate EPA method,
or a method or data validated according to the protocol in Method 301
of appendix A of part 63. Examples of information that could constitute
process knowledge include calculations based on material balances,
process stoichiometry, or previous test results provided the results
are still relevant to the current process vent conditions.
(iii) The organic compound used as the calibration gas for method
25A of 40 CFR part 60, appendix A, shall be the single organic compound
of regulated material present at greater than 50 percent of the total
organic HAP or TOC by volume.
(iv) The span value for Method 25A of 40 CFR part 60, appendix A
shall be equal to the appropriate concentration value in table 1 of
this subpart.
(v) Use of Method 25A of 40 CFR part 60, appendix A, is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(vi) The owner or operator shall demonstrate that the concentration
of TOC including methane and ethane measured by Method 25A of 40 CFR
part 60 of this subpart, appendix A is below one-half the appropriate
value in table 1 to be considered a Group 2B vent with an organic HAP
or TOC concentration below the appropriate value in table 1 of this
subpart.
(d) Volumetric flow rate. The process vent volumetric flow rate
(QS) in standard cubic meters per minute at 20 deg.C (68 F) shall be
determined as specified in paragraph (d)(1) or (d)(2) of this section
and shall be recorded as specified in Sec. 65.66(b).
(1) Use Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as
appropriate. If the process vent tested passes through a final steam
jet ejector and is not condensed, the stream volumetric flow shall be
corrected to 2.3 percent moisture; or
(2) The engineering assessment procedures in paragraph (i) of this
section can be used for determining volumetric flow rates.
(e) Heating value. The net heating value shall be determined as
specified in paragraphs (e)(1) and (e)(2) of this section or by using
the engineering assessment procedures in paragraph (i) of this section.
(1) The net heating value of the process vent shall be calculated
using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.004
Where:
H<INF>T</INF>=Net heating value of the sample, megajoule per
standard cubic meter, where the net enthalpy per mole of process
vent is based on combustion at 25 deg.C and 760 millimeters of
mercury, but the standard temperature for determining the volume
corresponding to 1 mole is 20 deg.C as in the definition of
Q<INF>s</INF> (process vent volumetric flow rate).
K<INF>1</INF>=Constant, 1.740 x 10<SUP>-7</SUP> parts per
million)<SUP>-1</SUP> (gram-mole per standard cubic meter)
(megajoule per kilocalorie), where standard temperature for (gram-
mole per standard cubic meter) is 20 deg.C.
n=Number of components in the sample.
D<INF>j</INF>=Concentration on a wet basis of compound j in parts
per million as measured by procedures indicated in paragraph (e)(2)
of this section. For process vents that pass through a final steam
jet and are not condensed, the moisture is assumed to be 2.3 percent
by volume.
H<INF>j</INF>=Net heat of combustion of compound j, kilocalorie per
gram-mole, based on combustion at 25 deg.C and 760 millimeters of
mercury. The heat of combustion of process vent components shall be
determined using American Society for Testing and Materials (ASTM)
D2382-76 incorporated by reference as specified in Sec. 65.13 if
published values are not available or cannot be calculated.
(2) The molar composition of the process vent (Dj) shall be
determined using the methods specified in paragraphs (e)(2)(i) through
(e)(2)(iii) of this section:
(i) Method 18 of 40 CFR part 60, appendix A to measure the
concentration of each organic compound.
(ii) American Society for Testing and Materials (ASTM) D1946-77
incorporated by reference as specified in Sec. 65.13 to measure the
concentration of carbon monoxide and hydrogen.
(iii) Method 4 of 40 CFR part 60, appendix A, to measure the
moisture content of the stack gas.
(f) TOC or HAP emission rate. The emission rate of TOC (minus
methane and ethane) (E<INF>TOC</INF>) and/or the emission rate of total
organic HAP (E<INF>HAP</INF>) in the process vent as required by the
TRE index value equation specified in paragraph (h) of this section,
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.005
Where:
E=Emission rate of TOC (minus methane and ethane) (E<INF>TOC</INF>)
or emission rate of total organic HAP (E<INF>HAP</INF>) in the
sample, kilograms per hour.
K<INF>2</INF>=Constant, 2.494 x 10<SUP>-6</SUP> (parts per
million)<SUP></SUP>
1 (gram-mole per standard cubic meter) (kilogram per gram) (minutes per
hour), where standard temperature for (gram-mole per standard cubic
meter) is 20 deg.C.
n=Number of components in the sample.
C<INF>j</INF>=Concentration on a dry basis of organic compound j in
parts per million as measured by Method 18 of 40 CFR part 60,
appendix A, as indicated in paragraph (c) of this section. If the
TOC emission rate is being calculated, C<INF>j</INF> includes all
organic compounds measured minus methane and ethane; if the total
organic HAP emission rate is being calculated, only organic HAP
compounds are included.
M<INF>j</INF>=Molecular weight of organic compound j, gram/gram-
mole.
Q<INF>s</INF>=Process vent flow rate, dry standard cubic meter per
minute, at a temperature of 20 deg.C.
(g) Halogenated vent determination. In order to determine whether a
process vent is halogenated, the mass emission rate of halogen atoms
contained in organic compounds shall be calculated according to the
procedures specified in paragraphs (g)(1) and (g)(2) of this section. A
process vent is considered halogenated if the mass emission rate of
halogen atoms contained in the organic compounds is equal to or greater
than 0.45 kilogram per hour (0.99 pound per hour).
(1) The process vent concentration of each organic compound
containing halogen atoms (parts per million by volume, by compound)
shall be determined based on one of the procedures specified in
paragraphs (g)(1)(i) through (g)(1)(iv) of this section:
(i) Process knowledge that no halogen or hydrogen halides are
present in the process vent; or
(ii) Applicable engineering assessment as discussed in paragraph
(i)(3) of this section; or
(iii) Concentration of organic compounds containing halogens
measured by Method 18 of 40 CFR part 60, appendix A; or
(iv) Any other method or data that have been validated according to
the
[[Page 57832]]
applicable procedures in Method 301 of appendix A of this part.
(2) The following equation shall be used to calculate the mass
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TP28OC98.006
Where:
E=Mass of halogen atoms, dry basis, kilogram per hour.
K<INF>2</INF>=Constant, 2.494 x 10<SUP>-6</SUP> (parts per
million)<SUP>-1</SUP> (kilogram-mole per standard cubic meter)
(minute per hour), where standard temperature is 20 deg.C.
Q=Flow rate of gas stream, dry standard cubic meters per minute,
determined according to paragraph (d) or (i) of this section.
n=Number of halogenated compounds j in the gas stream.
j=Halogenated compound j in the gas stream.
m=Number of different halogens i in each compound j of the gas
stream.
i=Halogen atom i in compound j of the gas stream.
C<INF>j</INF>=Concentration of halogenated compound j in the gas
stream, dry basis, parts per million by volume.
L<INF>ji</INF>=Number of atoms of halogen i in compound j of the gas
stream.
M<INF>ji</INF>=Molecular weight of halogen atom i in compound j of
the gas stream, kilogram per kilogram-mole.
(h) TRE index value. The owner or operator shall calculate the TRE
index value of the process vent using the equations and procedures
specified in paragraphs (h)(1) through (h)(3) of this section, as
applicable, and shall maintain the records specified in Sec. 65.66(a)
or Sec. 65.66(d)(4), as applicable.
(1) TRE index value equation. The equation for calculating the TRE
index is as follows:
TRE=A * [B + C + D + E + F] (64-5)
where:
TRE=TRE index value.
A, B, C, D, E, and F=Parameters presented in tables 2 and 3 of this
subpart that include the following variables:
Q=Process vent flow rate, standard cubic meters per minute, at a
standard temperature of 20 deg.C, as calculated according to
paragraph (d) or (i) of this section.
H=Process vent net heating value, megajoules per standard cubic
meter, as calculated according to paragraph (e) or (i) of this
section.
E<INF>TOC</INF>=Emission rate of TOC (minus methane and ethane),
kilograms per hour, as calculated according to paragraph (f) or (i)
of this section.
E<INF>HAP</INF>=Emission rate of total organic HAP, kilograms per
hour, as calculated according to paragraph (f) or (i) of this
section.
(2) Nonhalogenated process vents. The owner or operator of a
nonhalogenated process vent shall calculate the TRE index value based
on either paragraph (h)(2)(i) or (h)(2)(ii) of this section, as
applicable.
(i) TRE calculations: Part 60 regulated sources. Use the parameters
in table 2 of this subpart and calculate the TRE index value twice,
once using the appropriate equation (depending on the heating value and
flow rate of the process vent) in equations 15 through 30 and once
using the appropriate equation (depending on the heating value of the
process vent) in equations 31 and 32. Select the lowest TRE index
value.
(ii) TRE calculations: Part 63 regulated sources. Use the equation
and parameters in table 3 of this subpart and calculate the TRE index
value using equations 34, 35, and 36 for process vents at existing
sources; or equations 38, 39, and 40 for process vents at new sources.
Select the lowest TRE index value.
(3) Halogenated process vents. The owner or operator of a
halogenated process vent stream as determined according to procedures
specified in paragraph (g) of this section shall calculate the TRE
index value based on either paragraph (h)(3)(i) or (h)(3)(ii) of this
section, as applicable.
(i) TRE Calculations: Part 60 regulated sources. Use the parameters
in table 2 of this subpart and calculate the TRE index value using the
appropriate equation chosen from equations 1 through 14 depending on
the heating value and flow rate of the process vent.
(ii) TRE calculations: Part 63 regulated sources. Use the
appropriate parameters in table 3 of this subpart and calculate the TRE
index value using equation 33 or 37 depending on whether the process
vent is at a new or existing source.
(i) Engineering assessment. For purposes of TRE index value
determination, engineering assessment may be used to determine process
vent flow rate, net heating value, TOC emission rate, and total organic
HAP emission rate for the representative operating condition expected
to yield the lowest TRE index value. Engineering assessments shall meet
the requirements of paragraphs (i)(1) through (i)(4) of this section.
If process vent flow rate or process vent organic HAP or TOC
concentration is being determined for comparison with the 0.011 scmm
(0.40 standard cubic foot) flow rate or the applicable concentration
value in table 1 of this subpart, engineering assessment may be used to
determine the flow rate or concentration for the representative
operating condition expected to yield the highest flow rate or
concentration.
(1) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (h) of this
section is greater than 4.0, then the owner or operator is not required
to perform the measurements specified in paragraphs (c) through (g) of
this section.
(2) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (h) of this
section is less than or equal to 4.0, then the owner or operator is
required either to perform the measurements specified in paragraphs (c)
through (g) of this section for group determination or to consider the
process vent a Group 1 process vent and comply with the requirement (or
standard) specified in Sec. 65.63(a) and, if applicable, Sec. 65.63(b).
(3) Engineering assessment includes, but is not limited to, the
examples specified in paragraphs (i)(3)(i) through (i)(3)(iv) of this
section:
(i) Previous test results provided the tests are representative of
current operating practices at the process unit.
(ii) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(iii) Maximum flow rate, TOC emission rate, organic HAP emission
rate, organic HAP or TOC concentration, or net heating value limit
specified or implied within a permit limit applicable to the process
vent.
(iv) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to those specified in paragraphs (i)(3)(iv)(A) through
(i)(3)(iv)(D) of this section:
(A) Use of material balances based on process stoichiometry to
estimate maximum TOC or organic HAP concentrations;
(B) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities;
(C) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(D) Estimation of maximum expected net heating value based on the
stream concentration of each organic compound or, alternatively, as if
all TOC in the stream were the compound with the highest heating value.
(4) All data, assumptions, and procedures used in the engineering
assessment shall be documented. The owner or operator shall maintain
the records specified in Sec. 65.66(a), (b), (c), or (d), as
applicable.
[[Page 57833]]
Sec. 65.65 Monitoring.
(a) An owner or operator of a Group 2A process vent maintaining a
TRE index value greater than 1.0 without a recovery device shall
monitor based on the approved plan as specified in Sec. 65.63(d).
(b) As required in Sec. 65.63(a) and (c), an owner or operator of a
Group 2A process vent maintaining a TRE index value greater than 1.0
with a recovery device or a Group 1 process vent shall comply with
Sec. 65.142(b) of subpart G of this part.
Sec. 65.66 Recordkeeping provisions.
(a) TRE index value records. The owner or operator shall maintain
records of measurements, engineering assessments, and calculations
performed to determine the TRE index value of the process vent
according to the procedures of Sec. 65.64(h), including those records
associated with halogen vent stream determination. Documentation of
engineering assessments shall include all data, assumptions, and
procedures used for the engineering assessments, as specified in
Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or operator
shall include this information in the Initial Compliance Status Report.
(b) Flow rate records. The owner or operator shall record the flow
rate as measured using the sampling site and flow rate determination
procedures specified in Sec. 65.64(b) and (d) or determined through
engineering assessment as specified in Sec. 65.64(i). As specified in
Sec. 65.67(a), the owner or operator shall include this information in
the Initial Compliance Status Report.
(c) Concentration records. The owner or operator shall record the
organic HAP or TOC concentration as measurement using the sampling site
and HAP or TOC concentration determination procedures specified in
Sec. 65.64(b) and (c) or determined through engineering assessment as
specified in Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or
operator shall include this information in the Initial Compliance
Status Report.
(d) Process change records. The owner or operator shall keep up-to-
date, readily accessible records as specified in paragraphs (d)(1)
through (d)(4) of this section and shall report this information as
specified in Sec. 65.67(b).
(1) If the process vent is Group 2B on the basis of flow rate being
less than 0.011 scmm (0.40 standard cubic foot), then the owner or
operator shall keep records of any process changes as defined in
Sec. 65.63(f) that increase the process vent flow rate and any
recalculation or measurement of the flow rate pursuant to
Sec. 65.63(f).
(2) If the process vent is Group 2B on the basis of organic HAP or
TOC concentration being less than the applicable value in table 1 of
this subpart, then the owner or operator shall keep records of any
process changes as defined in Sec. 65.63(f) that increase the organic
HAP or TOC concentration of the process vent and any recalculation or
measurement of the concentration pursuant to Sec. 65.63(f).
(3) If the process vent is Group 2A or Group 2B on the basis of the
TRE index value being greater than 1.0, then the owner or operator
shall keep records of any process changes as defined in Sec. 65.63(f)
and any recalculation of the TRE index value pursuant to Sec. 65.63(f).
(4) As a result of a process change, if a process vent that was
Group 2B on any basis becomes a Group 2B process vent only on the basis
of having a TRE greater than 4.0, then the owner or operator shall keep
records of the TRE index value determination performed according to the
sample site and TRE index value determination procedures of
Sec. 65.64(b)(1) and (h) or determined through engineering assessment
as specified in Sec. 65.64(i).
(e) Other Group 2A records. An owner or operator of a Group 2A
process vent maintaining a TRE index value greater than 1.0 without a
recovery device shall record the parameters monitored based on the
approved plan as specified in Sec. 65.63(d).
Sec. 65.67 Reporting provisions.
(a) Initial compliance status report. The owner or operator shall
submit as part of the Initial Compliance Status Report specified in
Sec. 65.5(d) of subpart A of this part the information recorded in
Sec. 65.66(a), (b), and (c).
(b) Process change. (1) Whenever a process change, as described in
Sec. 65.63(f) is made that causes a Group 2A or 2B process vent to
become a Group 1 process vent or a Group 2B process vent to become a
Group 2A process vent, the owner or operator shall submit a report
within 60 days after the performance test or group determination. The
report may be submitted as part of the next periodic report. The report
shall include the information specified in paragraphs (b)(1)(i) through
(b)(1)(iii) of this section.
(i) A description of the process change;
(ii) The results of the recalculation of the flow rate, organic HAP
or TOC concentration, and/or TRE index value required under
Sec. 65.63(f) and recorded under Sec. 65.66(d); and
(iii) A statement that the owner or operator will comply with the
provisions of Sec. 65.63 by the schedules specified in Sec. 65.63(f)(4)
through (f)(6).
(2) For process vents that become Group 1 process vents after a
process change requiring a performance test to be conducted for the
control device being used as specified in subpart G of this part, the
owner or operator shall specify that the performance test has become
necessary due to a process change. This specification shall be made in
the notification to the Administrator of the intent to conduct a
performance test as provided in Sec. 65.164(b)(1) of subpart G of this
part.
(3) Whenever a process change as described in Sec. 65.63(f) is made
that changes the group status of a process vent from Group 1 to Group
2A, or from Group 1 to Group 2B, or from Group 2A to Group 2B, the
owner or operator shall include a statement in the next periodic report
after the process change that a process change has been made and the
new group status of the process vents.
(4) The owner or operator is not required to submit a report of a
process change if one of the conditions listed in paragraph (b)(4)(i),
(b)(4)(ii), (b)(4)(iii), or (b)(4)(iv) of this section is met.
(i) The change does not meet the definition of a process change in
Sec. 65.63(f) of this subpart, or
(ii) For a Group 2B process vent, the vent stream flow rate is
recalculated according to Sec. 65.63(f) of this subpart and the
recalculated value is less than 0.011 standard cubic meter per minute
(0.40 standard cubic foot per minute), or
(iii) For a Group 2B process vent, the organic HAP or TOC
concentration of the vent stream is recalculated according to
Sec. 65.63(f) of this subpart, and the recalculated value is less than
the applicable value in table 1 of this subpart, or
(iv) For a Group 2B process vent, the TRE index value is
recalculated according to Sec. 65.63(f) of this subpart and the
recalculated value is greater than 4.0.
(c) Parameters for Group 2A without a recovery device. An owner or
operator of a Group 2A process vent maintaining a TRE index value
greater than 1.0 without using a recovery device shall report the
information specified in the approved plan under Sec. 65.63(d).
Secs. 65.68-65.79 [Reserved]
[[Page 57834]]
Table 1 to Subpart D.--Concentration for Group Determination
------------------------------------------------------------------------
Referencing subpart Concentration
------------------------------------------------------------------------
Subpart III of Part 60................... NA.\1\
Subpart NNN of Part 60................... 300 ppmv of TOC.
Subpart RRR of Part 60................... 300 ppmv of TOC.
Subpart G of Part 63..................... 50 ppmv of HAP.\2\
------------------------------------------------------------------------
\1\ Process vents subject to subpart III of Part 60 are not eligible for
the low concentration exemption provisions of this part.
\2\ For process vents subject to subpart G of part 63, the owner or
operator may measure HAP or TOC concentration with regard to the low
concentration exemption provisions of this part.
Table 2.--To Subpart D.--TRE Parameters for NSPS Referencing Subparts <SUP>a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Values of terms for TRE equation: TRE=A * [B+C+D+E+F]
Net heating value ----------------------------------------------------------------------------------------------------
Halogenated vent stream? (MJ/scm) Vent stream flow rate (scm/min) Equation
A B C D E F No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Yes................................ 0<ls-thn-eq> H <ls- Q <14.2......................... 1/E<INF>TOC 30.96334 0 0 -0.13064QH 0 1
thn-eq>3.5.
14.2<ls-thn-eq> Q <ls-thn- 1/E<INF>TOC 19.18370 0.27580Q 0.757620Q<SUP>0.88 -0.13064QH 0.01025Q<SUP>0.5 2
eq>18.8.
18.8< Q <ls-thn-eq>699.......... 1/E<INF>TOC 20.00563 0.27580Q 0.303870Q<SUP>0.88 -0.13064QH 0.01025Q<SUP>0.5 3
699< Q <ls-thn-eq>1400.......... 1/E<INF>TOC 39.87022 0.29973Q 0.303870Q<SUP>0.88 -0.13064QH 0.01449Q<SUP>0.5 4
1400< Q <ls-thn-eq>2100......... 1/E<INF>TOC 59.73481 0.31467Q 0.303870Q<SUP>0.88 -0.13064QH 0.01775Q<SUP>0.5 5
2100< Q <ls-thn-eq>2800......... 1/E<INF>TOC 79.59941 0.32572Q 0.303870Q<SUP>0.88 -0.13064QH 0.02049Q<SUP>0.5 6
2800< Q <ls-thn-eq>3500......... 1/E<INF>TOC 99.46400 0.33456Q 0.303870Q<SUP>0.88 -0.13064QH 0.02291Q<SUP>0.5 7
H >3.5.............. Q <14.2......................... 1/E<INF>TOC 20.61052 0 0 0 0 8
14.2<ls-thn-eq> Q <ls-thn- 1/E<INF>TOC 18.84466 0.26742Q -0.200440Q<SUP>0.88 0 0.01025Q<SUP>0.5 9
eq>18.8.
18.8< Q <ls-thn-eq>699.......... 1/E<INF>TOC 19.66658 0.26742Q -0.253320Q<SUP>0.88 0 0.01025Q<SUP>0.5 10
699< Q <ls-thn-eq>1400.......... 1/E<INF>TOC 39.19213 0.29062Q -0.253320Q<SUP>0.88 0 0.01449Q<SUP>0.5 11
1400< Q <ls-thn-eq>2100......... 1/E<INF>TOC 58.71768 0.30511Q -0.253320Q<SUP>0.88 0 0.01775Q<SUP>0.5 12
2100< Q <ls-thn-eq>2800......... 1/E<INF>TOC 78.24323 0.31582Q -0.253320Q<SUP>0.88 0 0.02049Q<SUP>0.5 13
2800< Q <ls-thn-eq>3500......... 1/E<INF>TOC 97.76879 0.32439Q -0.253320Q<SUP>0.88 0 0.02291Q<SUP>0.5 14
No................................. 0<ls-thn-eq> H <ls- Q <14.2......................... 1/E<INF>TOC 11.01250 0 0 -0.17109QH 0 15
thn-eq>0.48.
14.2<ls-thn-eq> Q <ls-thn- 1/E<INF>TOC 8.54245 0.10555Q 0.090300Q<SUP>0.88 -0.17109QH 0.01025Q<SUP>0.5 16
eq>1340.
1340< Q <ls-thn-eq>2690......... 1/E<INF>TOC 16.94386 0.11470Q 0.090300Q<SUP>0.88 -0.17109QH 0.01449Q<SUP>0.5 17
2690< Q <ls-thn-eq>4040......... 1/E<INF>TOC 25.34528 0.12042Q 0.090300Q<SUP>0.88 -0.17109QH 0.01775Q<SUP>0.5 18
0.48< H <ls-thn- Q <14.2......................... 1/E<INF>TOC 13.45630 0 0 -0.16181QH 0 19
eq>1.9.
14.2<ls-thn-eq> Q <ls-thn- 1/E<INF>TOC 9.25233 0.06105Q 0.319370Q<SUP>0.88 -0.16181QH 0.01025Q<SUP>0.5 20
eq>1340.
1340< Q <ls-thn-eq>2690......... 1/E<INF>TOC 18.36363 0.06635Q 0.319370Q<SUP>0.88 -0.16181QH 0.01449Q<SUP>0.5 21
2690< Q <ls-thn-eq>4040......... 1/E<INF>TOC 27.47492 0.06965Q 0.319370Q<SUP>0.88 -0.16181QH 0.01775Q<SUP>0.5 22
1.9< H <ls-thn- Q <14.2......................... 1/E<INF>TOC 7.96988 0 0 0 0 23
eq>3.6.
14.2<ls-thn-eq> Q <ls-thn- 1/E<INF>TOC 6.67868 0.06943Q 0.025820Q<SUP>0.88 0 0.01025Q<SUP>0.5 24
eq>1180.
1180< Q <ls-thn-eq>2370......... 1/E<INF>TOC 13.21633 0.07546Q 0.025820Q<SUP>0.88 0 0.01449Q<SUP>0.5 25
2370< Q <ls-thn-eq>3550......... 1/E<INF>TOC 19.75398 0.07922Q 0.025820Q<SUP>0.88 0 0.01775Q<SUP>0.5 26
H >3.6.............. Q <14.2......................... 1/E<INF>TOC 6.67868 0 0.02220Q<SUP>0.88H<SUP>0.88 -0.00707QH 0.02036H<SUP>0.5 27
Q <gr-thn-eq>14.2 and 14.2<ls- 1/E<INF>TOC 6.67868 0 0.02220Q<SUP>0.88H<SUP>0.88 -0.00707QH 0.00540Q<SUP>0.5H<SUP>0.5 28
thn-eq> Q* (H/3.6) <ls-thn-
eq>1180.
Q <gr-thn-eq>14.2 and 1180< Q* 1/E<INF>TOC 13.21633 0 0.02412Q<SUP>0.88H<SUP>0.88 -0.00707QH 0.00764Q<SUP>0.5H<SUP>0.5 29
(H/3.6) <ls-thn-eq>2370.
Q <gr-thn-eq>14.2 and 2370< Q* 1/E<INF>TOC 19.75398 0 0.02533Q<SUP>0.88H<SUP>0.88 -0.00707QH 0.00936Q<SUP>0.5H<SUP>0.5 30
(H/3.6) <ls-thn-eq>3550.
No................................. 0<ls-thn-eq> H <gr- All............................. 1/E<INF>TOC 2.08 2.25Q 0.288Q<SUP>0.8 -0.193QH -0.0051E<INF>TOC 31
thn-eq>11.2.
H <ls-thn-eq>11.2... All............................. 1/E<INF>TOC 2.08 0.309Q 0.0619Q<SUP>0.8 -0.0043QH -0.0043E<INF>TOC 32
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>a Use according to procedures outlined in Sec. 65.64(h).
MJ/scm = mega Joules per standard cubic meter; scm/min = standard cubic meters per minute.
Table 3 to Subpart D.--TRE Parameters for Hon Referencing Subparts<SUP>a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Values of terms for TRE equation: TRE = A * [ B+C+D+E+F]
Existing or New? Halogenated vent ----------------------------------------------------------------------------------------------------------------------- Equation
stream? A B C D E F No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Existing........................... Yes.................... 1/E<INF>HAP............. 3.995 0.05200Q 0 -0.001769H 0.0009700E<INF>TOC................ 33
No..................... 1/E<INF>HAP............. 1.935 0.3660Q 0 -0.007687H -0.000733E<INF>TOC................ 34
1/E<INF>HAP............. 1.492 0.06267Q 0 0.03177H -0.001159E<INF>TOC................ 35
1/E<INF>HAP............. 2.519 0.01183Q 0 0.01300H 0.04790E<INF>TOC.................. 36
New................................ Yes.................... 1/E<INF>HAP............. 1.0895 0.01417Q 0 -0.000482H 0.0002645E<INF>TOC................ 37
No..................... 1/E<INF>HAP............. 0.5276 0.0998Q 0 -0.002096H -0.0002000E<INF>TOC............... 38
1/E<INF>HAP............. 0.4068 0.00171Q 0 0.008664H -0.000316E<INF>TOC................ 39
1/E<INF>HAP............. 0.6868 0.00321Q 0 0.003546H 0.01306E<INF>TOC.................. 40
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>a Use according to procedures outlined in Sec. 65.64(h).
MJ/scm = mega Joules per standard cubic meter; scm/min = standard cubic meters per minute.
[[Page 57835]]
Subpart E--Transfer Racks
Sec. 65.80 Applicability.
(a) The provisions of this subpart and of subpart A of this part
apply to control of regulated material emissions from transfer racks
where a referencing subpart references the use of this subpart for such
emissions control.
(b) If a physical or process change is made that causes a transfer
rack to fall outside the criteria in the referencing subpart that
required the transfer rack to control emission of regulated material,
the owner or operator may elect to comply with the provisions for
transfer racks not subject to control contained in the referencing
subpart instead of the provisions of this subpart.
Sec. 65.81 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.82 Design requirements.
(a) The owner or operator shall equip each transfer rack with the
equipment specified in either paragraph (a)(1) or (a)(2) of this
section.
(1) A closed vent system which routes the regulated material vapors
to a control device as provided in Sec. 65.83(a)(1) and (a)(2).
(2) Process piping which routes the regulated material vapors to a
process or a fuel gas system as provided in Sec. 65.83(a)(4), or to a
vapor balance system as provided in Sec. 65.83(a)(3).
(b) Each closed vent system shall be designed to collect the
regulated material displaced from tank trucks or railcars during
loading and to route the collected regulated material to a control
device or a flare as provided in Sec. 65.83(a)(1) and (a)(2).
(c) Process piping shall be designed to collect the regulated
material displaced from tank trucks or railcars during loading and to
route the collected regulated material vapors to a process or a fuel
gas system as provided in Sec. 65.83(a)(4) or to a vapor balance system
as provided in Sec. 65.83(a)(3).
(d) Each closed vent system shall meet the applicable requirements
of Sec. 65.143 of subpart G of this part.
(e) If the collected regulated material vapors from a transfer rack
are routed to a vapor balance system as provided in Sec. 65.83(a)(3),
then that transfer rack is exempt from the closed vent system design
requirements of paragraphs (b) and (d) of this section, the halogenated
vent stream control requirements of Sec. 65.83(b), the control device
operation requirements of Sec. 65.84(b), the monitoring requirements of
Sec. 65.86, and the requirements of subpart G of this part.
(f) If the collected regulated material vapors are routed to a
process or a fuel gas system as provided in Sec. 65.83(a)(4), then each
owner or operator shall meet the applicable requirements of
Sec. 65.142(c) of subpart G of this part.
Sec. 65.83 Performance requirements.
(a) The owner or operator of the transfer rack shall comply with
paragraph (a)(1), (a)(2), (a)(3) or (a)(4) of this section.
(1) 98 Percent or 20 parts per million by volume standard. Use a
control device to reduce emissions of regulated material by 98 weight-
percent or to an exit concentration of 20 parts per million by volume,
whichever is less stringent. For combustion devices, the emission
reduction or concentration shall be calculated on a dry basis,
corrected to 3 percent oxygen. The owner or operator shall meet the
applicable requirements of Sec. 65.142(c) of subpart G of this part.
Compliance may be achieved by using any combination of combustion,
recovery, and/or recapture devices.
(2) Flare. Reduce emissions of regulated material using a flare
meeting the applicable requirements of Sec. 65.142(c) of subpart G of
this part.
(3) Vapor balancing. Reduce emissions of regulated material using a
vapor balancing system designed and operated to collect regulated
material vapors displaced from tank trucks or railcars during loading;
and to route the collected regulated material vapors to the storage
vessel from which the liquid being loaded originated, or to another
storage vessel connected to a common header, or to compress and route
collected regulated material vapors to a process. Transfer racks for
which the owner or operator is using a vapor balancing system are
exempt from the closed vent system design requirements of paragraphs
Sec. 65.82(b) and (d), the halogenated vent stream control requirements
of paragraph (b) of this section, the control device operation
requirements of Sec. 65.84(b), the monitoring requirements of
Sec. 65.86, and the requirements of subpart G of this part.
(4) Route to a process or fuel gas system. Route emissions of
regulated material to a process where the regulated material in the
emissions shall predominantly meet one of, or a combination of, the
ends specified in paragraphs (a)(4)(i) through (a)(4)(iv) of this
section or to a fuel gas system. The owner or operator shall meet the
applicable requirements of Sec. 65.142(c) of subpart G of this part.
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
regulated materials;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(b) Additional control requirements for halogenated vent streams.
Halogenated vent streams from transfer racks that are combusted shall
be controlled according to paragraph (b)(1) or (b)(2) of this section.
Determination of whether a vent stream is halogenated shall be made
using the procedures specified in Sec. 65.85(c) and the halogen
concentration in the vent stream shall be recorded and reported in the
Initial Compliance Status Report as specified in Sec. 65.160(d) of
subpart G of this part.
(1) Halogen reduction device following combustion. If a combustion
device is used to comply with paragraph (a)(1) of this section for a
halogenated vent stream, then the vent stream exiting the combustion
device shall be ducted to a halogen reduction device including, but not
limited to, a scrubber before it is discharged to the atmosphere, and
the halogen reduction device shall meet the requirements of paragraph
(b)(1)(i) or (b)(1)(ii) of this section, as applicable. The halogenated
vent stream shall not be combusted using a flare.
(i) Except as provided in paragraph (b)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens by 99 percent or shall reduce the outlet mass
emission rate of total hydrogen halides and halogens to 0.45 kilogram
per hour (0.99 pound per hour) or less, whichever is less stringent.
The owner or operator shall meet the applicable requirements of
Sec. 65.142(c) of subpart G of this part.
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the halogen reduction device shall reduce
overall emissions of hydrogen halides and halogens by 95 percent or
shall reduce the outlet mass of total hydrogen halides and halogens to
less than 0.45 kilogram per hour (0.99 pound per hour), whichever is
less stringent. The owner or operator shall meet the applicable
requirements of Sec. 65.142(c) of subpart G of this part.
(2) Halogen reduction device prior to combustion. A halogen
reduction device, such as a scrubber, or other
[[Page 57836]]
technique may be used to make the vent stream nonhalogenated by
reducing the vent stream halogen atom mass emission rate to less than
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion
control device used to comply with the requirements of paragraph (a)(1)
or (a)(2) of this section. The halogen mass emission rate prior to the
combustor shall be determined according to the procedures in
Sec. 65.85(c). The owner or operator shall meet the applicable
requirements of Sec. 65.142(c) of subpart G of this part.
Sec. 65.84 Operating requirements.
(a) Closed vent systems or process piping. An owner or operator of
a transfer rack shall operate the equipment specified in either
paragraph (a)(1) or (a)(2) of this section.
(1) A closed vent system which routes the regulated material vapors
to a control device as provided in Sec. 65.83(a)(1) and (a)(2).
(2) Process piping which routes the regulated material vapors to a
process or a fuel gas system as provided in Sec. 65.83(a)(4) or to a
vapor balance system as provided in Sec. 65.83(a)(3).
(b) Control device operation. Whenever regulated material emissions
are vented to a control device used to comply with the provisions of
this subpart, such control device shall be operating.
(c) Tank trucks and railcars. The owner or operator shall load
regulated material into only tank trucks and railcars that meet the
requirements specified in paragraph (c)(1) or (c)(2) of this section
and shall maintain the records specified in Sec. 65.87.
(1) Have a current certification in accordance with the U.S.
Department of Transportation (DOT) pressure test requirements of 49 CFR
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
(2) Have been demonstrated to be vapor-tight within the preceding
12 months as determined by the procedures in Sec. 65.85(a). Vapor-tight
means that the pressure in a truck or railcar tank will not drop more
than 750 pascals (0.11 pound per square inch) within 5 minutes after it
is pressurized to a minimum of 4,500 pascals (0.65 pound per square
inch).
(d) Pressure relief device. The owner or operator of a transfer
rack subject to the provisions of this subpart shall ensure that no
pressure relief device in the loading equipment of each tank truck or
railcar shall begin to open to the atmosphere during loading. Pressure
relief devices needed for safety purposes are not subject to paragraph
(d) of this section.
(e) Compatible system. The owner or operator of a transfer rack
subject to the provisions of this subpart shall load regulated material
only to tank trucks or railcars equipped with a vapor collection system
that is compatible with the transfer rack's closed vent system or
process piping.
(f) Loading while systems connected. The owner or operator of a
transfer rack subject to this subpart shall load regulated material
only to tank trucks or railcars whose collection systems are connected
to the transfer rack's closed vent systems or process piping.
Sec. 65.85 Procedures.
(a) Vapor tightness. For the purposes of demonstrating vapor
tightness to determine compliance with Sec. 65.84(c)(2), the procedures
and equipment specified in paragraphs (a)(1) and (a)(2) of this section
shall be used.
(1) The pressure test procedures specified in Method 27 of 40 CFR
part 60, appendix A; and
(2) A pressure measurement device that has a precision of
<plus-minus>2.5 millimeters of mercury (0.10 inch) or better and that
is capable of measuring above the pressure at which the tank truck or
railcar is to be tested for vapor tightness.
(b) Engineering assessment. Engineering assessment to determine if
a vent stream is halogenated or flow rate of a gas stream includes, but
is not limited to, the examples specified in paragraphs (b)(1) through
(b)(5) of this section.
(1) Previous test results, provided the tests are representative of
current operating practices at the process unit.
(2) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(3) Maximum flow rate or halogen emission rate specified or implied
within a permit limit applicable to the process vent.
(4) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties.
(5) All data, assumptions, and procedures used in the engineering
assessment shall be documented.
(c) Halogenated vent stream determination. In order to determine
whether a vent stream is halogenated, the mass emission rate of halogen
atoms contained in organic compounds shall be calculated as specified
in paragraphs (c)(1) and (c)(2) of this section.
(1) The vent stream concentration of each organic compound
containing halogen atoms (parts per million by volume by compound)
shall be determined based on any of the procedures specified in
paragraphs (c)(1)(i) through (c)(1)(iv) of this section.
(i) Process knowledge that no halogen or hydrogen halides are
present in the vent stream; or
(ii) Applicable engineering assessment as specified in paragraph
(b); or
(iii) Concentration of organic compounds containing halogens
measured by Method 18 of 40 CFR part 60, appendix A; or
(iv) Any other method or data that have been validated according to
the applicable procedures in Method 301 of 40 CFR part 63, appendix A.
(2) The following equation shall be used to calculate the mass
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TP28OC98.007
Where:
E = Mass of halogen atoms, dry basis, kilograms per hour.
K<INF>2</INF> = Constant, 2.494 x 10<SUP>-6</SUP> (parts per
million)<SUP>-1</SUP> (kilogram-mole per standard cubic meter)
(minute/hour), where standard temperature is 20 deg. C.
V<INF>s</INF> = Flow rate of gas stream, dry standard cubic meters
per minute, determined according to Method 2, 2A, 2C, or 2D of 40
CFR part 60, appendix A, as appropriate, or determined using
engineering assessment as specified in paragraph (b).
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas
stream.
i = Halogen atom i in compound j of the gas stream.
C<INF>j</INF> = Concentration of halogenated compound j in the gas
stream, dry basis, parts per million by volume.
L<INF>ji</INF> = Number of atoms of halogen i in compound j of the
gas stream.
M<INF>ji</INF> = Molecular weight of halogen atom i in compound j of
the gas stream, kilogram per kilogram-mole.
Sec. 65.86 Monitoring.
The owner or operator of a transfer rack equipped with a closed
vent system and control device pursuant to Sec. 65.83(a)(1) or (a)(2)
shall monitor the closed vent system and control device as required
under the applicable paragraphs specified in Sec. 65.142(c) of subpart
G of this part.
Sec. 65.87 Recordkeeping provisions.
The owner or operator of a transfer rack shall record that the
verification of U.S. Department of Transportation (DOT) tank
certification or Method 27 of 40 CFR part 60, appendix A, testing
required in Sec. 65.84(c) has been
[[Page 57837]]
performed. Various methods for the record of verification can be used
such as: a check off on a log sheet; a list of DOT serial numbers or
Method 27 data or a position description for gate security showing that
the security guard will not allow any trucks on-site that do not have
the appropriate documentation.
Secs. 65.88-65.99 [Reserved]
Subpart F--Equipment Leaks
Sec. 65.100 Applicability.
(a) Equipment subject to this subpart. The provisions of this
subpart and subpart A of this part apply to equipment that contains or
contacts regulated material. Compliance with this subpart instead of
the referencing subpart does not alter the applicability of the
referencing subpart. This subpart applies to only the equipment to
which the referencing subpart applies. This part does not extend
applicability to equipment that are not regulated by the referencing
subpart.
(b) Equipment in vacuum service. Equipment in vacuum service is
excluded from the requirements of this subpart.
(c) Equipment in service less than 300 hours per calendar year.
Equipment intended to be in regulated material service less than 300
hours per calendar year is excluded from the requirements of
Secs. 65.106 through 65.115 and Sec. 65.117 if it is identified as
required in Sec. 65.103(b)(6).
(d) Lines and equipment not containing process fluids. Lines and
equipment not containing process fluids are not subject to the
provisions of this subpart. Utilities and other nonprocess lines, such
as heating and cooling systems that do not combine their materials with
those in the processes they serve, are not considered to be part of a
process unit.
Sec. 65.101 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of
this part for purposes of this subpart.
Sec. 65.102 Alternative means of emission limitation.
(a) Performance standard exemption. The provisions of paragraph (b)
of this section do not apply to the performance standards of
Sec. 65.111(b) for pressure relief devices or Sec. 65.112(f) for
compressors operating under the alternative compressor standard.
(b) Requests by owners or operators. An owner or operator may
request a determination of alternative means of emission limitation to
the requirements of Secs. 65.106 through 65.115 as provided in
paragraph (d) of this section. If the Administrator makes a
determination that a means of emission limitation is a permissible
alternative, the owner or operator shall either comply with the
alternative or comply with the requirements of Secs. 65.106 through
65.115.
(c) Requests by manufacturers of equipment.
(1) Manufacturers of equipment used to control equipment leaks of a
regulated material may apply to the Administrator for approval of an
alternative means of emission limitation that achieves a reduction in
emissions of the regulated material equivalent to the reduction
achieved by the equipment, design, and operational requirements of this
subpart.
(2) The Administrator will grant permission according to the
provisions of paragraph (d) of this section.
(d) Permission to use an alternative means of emission limitation.
Permission to use an alternative means of emission limitation shall be
governed by the procedures in paragraphs (d)(1) through (d)(4) of this
section.
(1) Where the standard is an equipment, design, or operational
requirement, the requirements of paragraphs (d)(1)(i) through
(d)(1)(iii) of this section apply.
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying emission performance test data for an
alternative means of emission limitation.
(ii) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
(iii) The Administrator may condition the permission on
requirements that may be necessary to ensure operation and maintenance
to achieve at least the same emission reduction as the equipment,
design, and operational requirements of this subpart.
(2) Where the standard is a work practice, the requirements of
paragraphs (d)(2)(i) through (d)(2)(vi) of this section apply.
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying test data for the alternative.
(ii) For each kind of equipment for which permission is requested,
the emission reduction achieved by the required work practices shall be
demonstrated for a minimum period of 12 months.
(iii) For each kind of equipment for which permission is requested,
the emission reduction achieved by the alternative means of emission
limitation shall be demonstrated.
(iv) Each owner or operator applying for such permission shall
commit in writing for each kind of equipment to work practices that
provide for emission reductions equal to or greater than the emission
reductions achieved by the required work practices.
(v) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices and
will consider the commitment in paragraph (d)(2)(iv) of this section.
(vi) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve
the same or greater emission reduction as the required work practices
of this subpart.
(3) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
(4) If in the judgment of the Administrator an alternative means of
emission limitation will be approved, the Administrator will publish a
notice of the determination in the Federal Register using the
procedures pursuant to Sec. 65.8(a) of subpart A.
Sec. 65.103 Equipment identification.
(a) General equipment identification. Equipment subject to this
subpart shall be identified. Identification of the equipment does not
require physical tagging of the equipment. For example, the equipment
may be identified on a plant site plan, in log entries, by designation
of process unit boundaries by some form of weatherproof identification,
or by other appropriate methods.
(b) Additional equipment identification. In addition to the general
identification required by paragraph (a) of this section, equipment
subject to any of the provisions in Secs. 65.106 through 65.115 shall
be specifically identified as required in paragraphs (b)(1) through
(b)(6) of this section, as applicable. Paragraph (b) of this section
does not apply to an owner or operator of a batch product-process who
elects to pressure test the batch product-process equipment train
pursuant to Sec. 65.117.
(1) Connectors. Except for inaccessible, ceramic, or ceramic-lined
connectors meeting the provisions of
[[Page 57838]]
Sec. 65.108(e)(2) and instrumentation systems identified pursuant to
paragraph (b)(5) of this section, identify the connectors subject to
the requirements of this subpart. Connectors need not be individually
identified if all connectors in a designated area or length of pipe
subject to the provisions of this subpart are identified as a group,
and the number of connectors subject is indicated. With respect to
connectors, the identification shall be complete no later than the
completion of the initial survey required by Sec. 65.108(a).
(2) [Reserved]
(3) Routed to a process or fuel gas system or equipped with a
closed vent system and control device. Identify the equipment that the
owner or operator elects to route to a process or fuel gas system or
equip with a closed vent system and control device under the provisions
of Sec. 65.107(e)(3) (pumps in light liquid service), Sec. 65.109(e)(3)
(agitators), Sec. 65.111(d) (pressure relief devices in gas/vapor
service), Sec. 65.112(e) (compressors), or Sec. 65.118 (alternative
means of emission limitation for enclosed-vented process units).
(4) Pressure relief devices. Identify the pressure relief devices
equipped with rupture disks under the provisions of Sec. 65.111(e).
(5) Instrumentation systems. Identify instrumentation systems
subject to the provisions of this subpart. Individual components in an
instrumentation system need not be identified.
(6) Equipment in service less than 300 hours per calendar year.
Identify either by list, location (area or group), or other method,
equipment in regulated material service less than 300 hours per
calendar year within a process unit subject to the provisions of this
subpart shall be recorded.
(c) Special equipment designations: Equipment that is unsafe or
difficult-to-monitor--(1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 65.106(e)(1), pumps
meeting the provisions of Sec. 65.107(e)(6), connectors meeting the
provisions of Sec. 65.108(e)(1), and agitators meeting the provisions
of Sec. 65.109(e)(7) may be designated unsafe-to-monitor if the owner
or operator determines that monitoring personnel would be exposed to an
immediate danger as a consequence of complying with the monitoring
requirements of this subpart.
(2) Designation and criteria for difficult-to-monitor. Valves
meeting the provisions of Sec. 65.106(e)(2) may be designated
difficult-to-monitor if the provisions of paragraphs (c)(2)(i) apply.
Agitators meeting the provisions of Sec. 65.109(e)(5) may be designated
difficult-to-monitor if the provisions of paragraph (c)(2)(ii) of this
section apply.
(i) Valves. (A) The owner or operator of the valve determines that
the valve cannot be monitored without elevating the monitoring
personnel more than 2 meters (7 feet) above a support surface or it is
not accessible in a safe manner when it is in regulated material
service; and
(B) The process unit within which the valve is located is a
regulated source for which the owner or operator commenced
construction, reconstruction, or modification prior to the compliance
date of the referencing subpart; or
(C) The owner or operator designates less than 3 percent of the
total number of valves within the process unit as difficult-to-monitor.
(ii) Agitators. (A) The owner or operator determines that the
agitator cannot be monitored without elevating the monitoring personnel
more than 2 meters (7 feet) above a support surface or it is not
accessible in a safe manner when it is in regulated material service.
(3) Identification of unsafe or difficult-to-monitor equipment. The
owner or operator shall record the identity of equipment designated as
unsafe-to-monitor or difficult-to-monitor according to the provisions
of paragraph (c)(1) or (c)(2) of this section, the planned schedule for
monitoring this equipment and an explanation why the equipment is
difficult-to-monitor, if applicable.
(4) Written plan requirements. (i) The owner or operator of
equipment designated as unsafe-to-monitor according to the provisions
of paragraph (c)(1) of this section shall have a written plan that
requires monitoring of the equipment as frequently as practical during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in Sec. 65.105 if a leak is detected.
(ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section
shall have a written plan that requires monitoring of the equipment at
least once per calendar year and repair of the equipment according to
the procedures in Sec. 65.105 if a leak is detected.
(d) Special equipment designations: Equipment that is unsafe to
repair--(1) Designation and criteria. Connectors subject to the
provisions of Sec. 65.105(e) may be designated unsafe to repair if the
owner or operator determines that repair personnel would be exposed to
an immediate danger as a consequence of complying with the repair
requirements of this subpart and if the connector will be repaired
before the end of the next process unit shutdown as specified in
Sec. 63.105(e).
(2) Identification of equipment. The identity of connectors
designated as unsafe to repair and an explanation why the connector is
unsafe to repair shall be recorded.
(e) Special equipment designations: Compressors operating with an
instrument reading of less than 500 parts per million. Identify the
compressors that the owner or operator elects to designate as operating
with an instrument reading of less than 500 parts per million under the
provisions of Sec. 65.112(f).
(f) Special equipment designations: Equipment in heavy liquid
service. The owner or operator of equipment in heavy liquid service
shall comply with the requirements of either paragraph (f)(1) or (f)(2)
of this section as provided in paragraph (f)(3) of this section.
(1) Retain information, data, and analyses used to determine that a
piece of equipment is in heavy liquid service.
(2) When requested by the Administrator, demonstrate that the piece
of equipment or process is in heavy liquid service.
(3) A determination or demonstration that a piece of equipment or
process is in heavy liquid service shall include an analysis or
demonstration that the process fluids do not meet the definition of
``in light liquid service.'' Examples of information that could
document this include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
Sec. 65.104 Instrument and sensory monitoring for leaks.
(a) Monitoring for leaks. The owner or operator of a regulated
source subject to this subpart shall monitor regulated equipment as
specified in paragraph (a)(1) of this section for instrument monitoring
and paragraph (a)(2) of this section for sensory monitoring.
(1) Instrument monitoring for leaks. (i) Valves in gas/vapor
service and in light liquid service shall be monitored pursuant to
Sec. 65.106(b).
(ii) Pumps in light liquid service shall be monitored pursuant to
Sec. 65.107(b).
(iii) Connectors in gas/vapor service and in light liquid service
shall be monitored pursuant to Sec. 65.108(b).
(iv) Agitators in gas/vapor service and in light liquid service
shall be monitored pursuant to Sec. 65.109(b).
(v) Pressure relief devices in gas/vapor service shall be monitored
pursuant to Sec. 65.111(b) and (c).
[[Page 57839]]
(vi) Compressors designated to operate with an instrument reading
less than 500 parts per million as described in Sec. 65.103(e) shall be
monitored pursuant to Sec. 65.112(f).
(2) Sensory monitoring for leaks. (i) Pumps in light liquid service
shall be observed pursuant to Sec. 65.107(b)(4) and (e)(1).
(ii) Inaccessible, ceramic, or ceramic-lined connectors in gas/
vapor service and in light liquid service shall be observed pursuant to
Sec. 65.108(e)(2).
(iii) Agitators in gas/vapor service and in light liquid service
shall be monitored pursuant to Sec. 65.109(b)(3) or (e)(1)(i).
(iv) Pumps, valves, agitators, and connectors in heavy liquid
service; instrumentation systems; and pressure relief devices in liquid
service shall be observed pursuant to Sec. 65.110(b)(1).
(b) Instrument monitoring methods. Instrument monitoring as
required under this subpart shall comply with the requirements
specified in paragraphs (b)(1) through (b)(6) of this section.
(1) Monitoring method. Monitoring shall comply with Method 21 of 40
CFR part 60, appendix A, except as otherwise provided in this section.
(2) Detection instrument performance criteria. (i) Except as
provided for in paragraph (b)(2)(ii) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 40 CFR
part 60, appendix A, except the instrument response factor criteria in
section 3.1.2(a) of Method 21 shall be for the representative
composition of the process fluid not each individual VOC in the stream.
For process streams that contain nitrogen, air, or other inerts that
are not organic HAP's or VOC, the representative stream response factor
shall be determined on an inert-free basis. The response factor may be
determined at any concentration for which monitoring for leaks will be
conducted.
(ii) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (b)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid calculated on an
inert-free basis as described in paragraph (b)(2)(i) of this section.
(3) Detection instrument calibration procedure. The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of 40 CFR part 60, appendix A.
(4) Detection instrument calibration gas. Calibration gases shall
be zero air (less than 10 parts per million of hydrocarbon in air); and
the gases specified in paragraph (b)(4)(i) of this section except as
provided in paragraph (b)(4)(ii) of this section.
(i) Mixtures of methane in air at a concentration no more than
2,000 parts per million greater than the leak definition concentration
of the equipment monitored. If the monitoring instrument's design
allows for multiple calibration scales, then the lower scale shall be
calibrated with a calibration gas that is no higher than 2,000 parts
per million above the concentration specified as a leak, and the
highest scale shall be calibrated with a calibration gas that is
approximately equal to 10,000 parts per million. If only one scale on
an instrument will be used during monitoring, the owner or operator
need not calibrate the scales that will not be used during that day's
monitoring.
(ii) A calibration gas other than methane in air may be used if the
instrument does not respond to methane or if the instrument does not
meet the performance criteria specified in paragraph (b)(2)(i) of this
section. In such cases, the calibration gas may be a mixture of one or
more of the compounds to be measured in air.
(5) Monitoring performance. Monitoring shall be performed when the
equipment is in regulated material service or is in use with any other
detectable material.
(6) Monitoring data. Monitoring data obtained prior to the
regulated source becoming subject to the referencing subpart that do
not meet the criteria specified in paragraphs (b)(1) through (b)(5) of
this section may still be used to qualify initially for less frequent
monitoring under the provisions in Sec. 65.106(a)(2), (b)(3), or (b)(4)
for valves or Sec. 65.108(b)(3) for connectors provided the departures
from the criteria or from the specified monitoring frequency of
Sec. 65.106(b)(3) or (b)(4) are minor and do not significantly affect
the quality of the data. Examples of minor departures are monitoring at
a slightly different frequency (such as every 6 weeks instead of
monthly or quarterly), following the performance criteria of section
3.1.2(a) of Method 21 of appendix A of 40 CFR part 60 instead of
paragraph (b)(2) of this section, or monitoring using a different leak
definition if the data would indicate the presence or absence of a leak
at the concentration specified in this subpart. Failure to use a
calibrated instrument is not considered a minor departure.
(c) Instrument monitoring readings and background adjustments. The
owner or operator may elect to adjust or not to adjust the instrument
readings for background. If an owner or operator elects not to adjust
instrument readings for background, the owner or operator shall monitor
the equipment according to the procedures specified in paragraphs
(b)(1) through (b)(5) of this section. In such cases, all instrument
readings shall be compared directly to the applicable leak definition
for the monitored equipment to determine whether there is a leak or to
determine compliance with Sec. 65.111(b) (pressure relief devices) or
Sec. 65.112(f) (alternative compressor standard). If an owner or
operator elects to adjust instrument readings for background, the owner
or operator shall monitor the equipment according to the procedures
specified in paragraphs (c)(1) through (c)(4) of this section.
(1) The requirements of paragraphs (b)(1) through (b)(5) of this
section shall apply.
(2) The background level shall be determined using the procedures
in Method 21 of 40 CFR part 60, appendix A.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of 40 CFR part 60, appendix A.
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
to the applicable leak definition for the monitored equipment to
determine whether there is a leak or to determine compliance with
Sec. 65.111(b) (pressure relief devices) or Sec. 65.112(f) (alternative
compressor standard).
(d) Sensory monitoring methods. Sensory monitoring consists of
visual, audible, olfactory, or any other detection method used to
determine a potential leak to the atmosphere.
(e) Leaking equipment identification and records. (1) When each
leak is detected, a weatherproof and readily visible identification
shall be attached to the leaking equipment.
(2) When each leak is detected, the information specified in
paragraphs (e)(2)(i) and (e)(2)(ii) shall be recorded and kept pursuant
to Sec. 65.4(a) of subpart A of this part except the information for
connectors complying with the 8 year monitoring period allowed under
Sec. 65.108(b)(3)(iii) shall be kept 5 years beyond the date of its
last use.
(i) The instrument and the equipment identification and the
instrument operator's name, initials, or identification number if a
leak is detected or confirmed by instrument monitoring.
(ii) The date the leak was detected.
[[Page 57840]]
Sec. 65.105 Leak repair.
(a) Leak repair schedule. The owner or operator shall repair each
leak detected as soon as practical but not later than 15 calendar days
after it is detected except as provided in paragraph (d) of this
section. A first attempt at repair as defined in subpart A of this part
shall be made no later than 5 calendar days after the leak is detected.
First attempt at repair for pumps includes, but is not limited to,
tightening the packing gland nuts and/or ensuring that the seal flush
is operating at design pressure and temperature. First attempt at
repair for valves includes, but is not limited to, tightening the
bonnet bolts, and/or replacing the bonnet bolts, and/or tightening the
packing gland nuts, and/or injecting lubricant into the lubricated
packing.
(b) [Reserved]
(c) Leak identification removal--(1) Valves and connectors. The
leak identification on a valve may be removed after it has been
monitored as specified in Sec. 65.106(d)(2) and no leak has been
detected during that monitoring. The leak identification on a connector
may be removed after it has been monitored as specified in
Sec. 65.108(b)(3)(iv) and no leak has been detected during that
monitoring.
(2) Other equipment. The identification that has been placed
pursuant to Sec. 65.104(e)(1) on equipment determined to have a leak
except for a valve or for a connector that is subject to the provisions
of Sec. 65.108(b)(4)(i)(A) may be removed after it is repaired.
(d) Delay of repair. Delay of repair is allowed for any of the
conditions specified in paragraphs (d)(1) through (d)(5) of this
section. The owner or operator shall maintain a record of the facts
that explain any delay of repairs and, where appropriate, why the
repair was technically infeasible without a process unit shutdown.
(1) Delay of repair of equipment for which leaks have been detected
is allowed if repair within 15 days after a leak is detected is
technically infeasible without a process unit shutdown. Repair of this
equipment shall occur as soon as practical, but no later than the end
of the next process unit shutdown, except as provided in paragraph
(d)(5) of this section.
(2) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that
does not remain in regulated material service.
(3) Delay of repair for valves, connectors, and agitators is also
allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of
this section are met.
(i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair; and
(ii) When repair procedures are effected, the purged material is
collected and destroyed or recovered in a control device complying with
Sec. 65.115.
(4) Delay of repair for pumps is also allowed if the provisions of
paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met.
(i) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined under the provisions
of Sec. 65.116(d) will provide better performance or one of the
specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this
section are met.
(A) A dual mechanical seal system that meets the requirements of
Sec. 65.107(e)(1) will be installed;
(B) A pump that meets the requirements of Sec. 65.107(e)(2) will be
installed; or
(C) A system that routes emissions to a process or a fuel gas
system or a closed vent system and control device that meets the
requirements of Sec. 65.107(e)(3) will be installed; and
(ii) Repair is completed as soon as practical but not later than 6
months after the leak was detected.
(5) Delay of repair beyond a process unit shutdown will be allowed
for a valve if valve assembly replacement is necessary during the
process unit shutdown, and valve assembly supplies have been depleted,
and valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the second process unit
shutdown will not be allowed unless the third process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
(e) Unsafe-to-repair: Connectors. Any connector that is designated
as described in Sec. 65.103(d) as an unsafe-to-repair connector is
exempt from the requirements of Sec. 65.108(d) and paragraph (a) of
this section if the provisions of paragraphs (e)(1) and (e)(2) of this
section are met.
(1) The owner or operator determines that repair personnel would be
exposed to an immediate danger as a consequence of complying with
paragraph (a) of this section; and
(2) The connector will be repaired before the end of the next
scheduled process unit shutdown.
(f) Leak repair records. For each leak detected, the information
specified in paragraphs (f)(1) through (f)(5) of this section shall be
recorded and kept pursuant to Sec. 65.4(a) of subpart A of this part.
(1) The date of first attempt to repair the leak.
(2) The date of successful repair of the leak.
(3) Maximum instrument reading measured by Method 21 of 40 CFR part
60, appendix A, at the time the leak is successfully repaired or
determined to be nonrepairable.
(4) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak as
specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this section.
(i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup/shutdown/malfunction
plan required by Sec. 65.6 of subpart A of this part for the source or
may be part of a separate document that is maintained at the plant
site. In such cases, reasons for delay of repair may be documented by
citing the relevant sections of the written procedure.
(ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked onsite before depletion and the reason for depletion.
(5) Dates of process unit shutdowns that occur while the equipment
is unrepaired.
Sec. 65.106 Standards: Valves in gas/vapor service and in light liquid
service.
(a) Compliance schedule. (1) The owner or operator shall comply
with this section no later than the implementation date specified in
Sec. 65.1(f) of subpart A of this part.
(2) The use of monitoring data generated before the regulated
source became subject to the referencing subpart to qualify initially
for less frequent monitoring is governed by the provisions of
Sec. 65.104(b)(6) of this subpart.
(b) Leak detection. Unless otherwise specified in Secs. 65.102(b),
65.117, 65.118, or paragraph (e) of this section, the owner or operator
shall monitor all valves at the intervals specified in paragraphs
(b)(3) and/or (b)(4) of this section and shall comply with all other
provisions of this section.
(1) Monitoring method. The valves shall be monitored to detect
leaks by the method specified in Sec. 65.104 (b), (c), and (e).
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 500 parts per million or greater.
(3) Monitoring frequency. The owner or operator shall monitor
valves for
[[Page 57841]]
leaks at the intervals specified in paragraphs (b)(3)(i) through
(b)(3)(v) of this section and shall keep the record specified in
paragraph (b)(3)(vi) of this section.
(i) If at least the greater of two valves or 2 percent of the
valves in a process unit leak, as calculated according to paragraph (c)
of this section, the owner or operator shall monitor each valve once
per month.
(ii) At process units with less than the greater of two leaking
valves or 2 percent leaking valves, the owner or operator shall monitor
each valve once each quarter except as provided in paragraphs
(b)(3)(iii) through (b)(3)(v) of this section. Monitoring data
generated before the regulated source became subject to the referencing
subpart and meeting the criteria of either Sec. 65.104 (b)(1) through
(b)(5) or Sec. 65.104(b)(6) may be used to qualify initially for less
frequent monitoring under paragraphs (b)(3)(iii) through (b)(3)(v) of
this section.
(iii) At process units with less than 1 percent leaking valves, the
owner or operator may elect to monitor each valve once every 2
quarters.
(iv) At process units with less than 0.5 percent leaking valves,
the owner or operator may elect to monitor each valve once every 4
quarters.
(v) At process units with less than 0.25 percent leaking valves,
the owner or operator may elect to monitor each valve once every 2
years.
(vi) The owner or operator shall keep a record of the monitoring
schedule for each process unit.
(4) Valve subgrouping. For a process unit or a group of process
units to which this subpart applies, an owner or operator may choose to
subdivide the valves in the applicable process unit or group of process
units and apply the provisions of paragraph (b)(3) of this section to
each subgroup. If the owner or operator elects to subdivide the valves
in the applicable process unit or group of process units, then the
provisions of paragraphs (b)(4)(i) through (b)(4)(viii) of this section
apply.
(i) The overall performance of total valves in the applicable
process unit or group of process units to be subdivided shall be less
than 2 percent leaking valves, as detected according to paragraphs
(b)(1) and (b)(2) of this section and as calculated according to
paragraphs (c)(1)(ii) and (c)(2) of this section.
(ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the provisions of paragraphs
(b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
(A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than one year of monitoring data or
valves not monitored within the last 12 months must be placed initially
into the most frequently monitored subgroup until at least one year of
monitoring data have been obtained.
(B) Any valve or group of valves can be reassigned from a less
frequently monitored subgroup to a more frequently monitored subgroup
provided that the valves to be reassigned were monitored during the
most recent monitoring period for the less frequently monitored
subgroup. The monitoring results must be included with that less
frequently monitored subgroup's associated percent leaking valves
calculation for that monitoring event.
(C) Any valve or group of valves can be reassigned from a more
frequently monitored subgroup to a less frequently monitored subgroup
provided that the valves to be reassigned have not leaked for the
period of the less frequently monitored subgroup (for example, for the
last 12 months, if the valve or group of valves is to be reassigned to
a subgroup being monitored annually). Nonrepairable valves may not be
reassigned to a less frequently monitored subgroup.
(iii) The owner or operator shall determine every 6 months if the
overall performance of total valves in the applicable process unit or
group of process units is less than 2 percent leaking valves and so
indicate the performance in the next periodic report. If the overall
performance of total valves in the applicable process unit or group of
process units is 2 percent leaking valves or greater, the owner or
operator shall no longer subgroup and shall revert to the program
required in paragraphs (b)(1) through (b)(3) of this section for that
applicable process unit or group of process units. An owner or operator
can again elect to comply with the valve subgrouping procedures of
paragraph (b)(4) of this section if future overall performance of total
valves in the process unit or groups of process units is again less
than 2 percent. The overall performance of total valves in the
applicable process unit or group of process units shall be calculated
as a weighted average of the percent leaking valves of each subgroup
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.008
where:
%V<INF>LO</INF>=Overall performance of total valves in the applicable
process unit or group of process units
%V<INF>Li</INF>=Percent leaking valves in subgroup i, most recent value
calculated according to the procedures in paragraphs (c)(1)(ii) and
(c)(2) of this section.
V<INF>i</INF>=Number of valves in subgroup i.
n=Number of subgroups.
(iv) The owner or operator shall maintain records specified in
paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section.
(A) Which valves are assigned to each subgroup,
(B) Monitoring results and calculations made for each subgroup for
each monitoring period,
(C) Which valves are reassigned, the last monitoring result prior
to reassignment, and when they were reassigned, and
(D) The results of the semiannual overall performance calculation
required in paragraph (b)(4)(iii) of this section.
(v) The owner or operator shall notify the Administrator no later
than 30 days prior to the beginning of the next monitoring period of
the decision to begin or end subgrouping valves. The notification shall
identify the participating process units and the number of valves
assigned to each subgroup, if applicable, and may be included in the
next periodic report.
(vi) The owner or operator shall submit in the periodic reports the
information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B) of
this section.
(A) Total number of valves in each subgroup, and
(B) Results of the semiannual overall performance calculation
required by paragraph (b)(4)(iii) of this section.
(vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (c)(2) of this section shall be
used.
(viii) Except for the overall performance calculations required by
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be
treated as if it were a separate process unit for the purposes of
applying the provisions of this section.
(c) Percent leaking valves calculation.--(1) Calculation basis and
procedures. (i) The owner or operator
[[Page 57842]]
shall decide no later than the implementation date of this part or upon
revision of an operating permit whether to calculate percent leaking
valves on a process unit or group of process units basis. Once the
owner or operator has decided, all subsequent percentage calculations
shall be made on the same basis and this shall be the basis used for
comparison with the subgrouping criteria specified in paragraph
(b)(4)(i) of this section.
(ii) The percent leaking valves for each monitoring period for each
process unit or valve subgroup, as provided in paragraph (b)(4) of this
section, shall be calculated using the following equation: where:
%V<INF>L</INF>=(V<INF>L</INF>/V<INF>T</INF>) x 100 (106-2)
Where:
%V<INF>L</INF>=Percent leaking valves.
V<INF>L</INF>=Number of valves found leaking, excluding nonrepairable
valves as provided in paragraph (c)(3) of this section.
V<INF>T</INF>=The sum of the total number of valves monitored.
(2) Calculation for monitoring frequency. When determining
monitoring frequency for each process unit or valve subgroup subject to
monthly, quarterly, or semiannual monitoring frequencies, the percent
leaking valves shall be the arithmetic average of the percent leaking
valves from the last two monitoring periods. When determining
monitoring frequency for each process unit or valve subgroup subject to
annual or biennial (once every 2 years) monitoring frequencies, the
percent leaking valves shall be the arithmetic average of the percent
leaking valves from the last three monitoring periods.
(3) Nonrepairable valves. (i) Nonrepairable valves shall be
included in the calculation of percent leaking valves the first time
the valve is identified as leaking and nonrepairable and as required to
comply with paragraph (c)(3)(ii) of this section. Otherwise, a number
of nonrepairable valves (identified and included in the percent leaking
valves calculation in a previous period) up to a maximum of 1 percent
of the total number of valves in regulated material service at a
process unit may be excluded from calculation of percent leaking valves
for subsequent monitoring periods.
(ii) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in regulated material service at a process unit,
the number of nonrepairable valves exceeding 1 percent of the total
number of valves in regulated material service shall be included in the
calculation of percent leaking valves.
(d) Leak repair. (1) If a leak is determined pursuant to paragraph
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired
using the procedures in Sec. 65.105, as applicable.
(2) When a leak has been repaired, the valve shall be monitored at
least once within the first 3 months after its repair. The monitoring
required by paragraph (d) of this section is in addition to the
monitoring required to satisfy the definition of repair.
(i) The monitoring shall be conducted as specified in Sec. 65.104
(b) and (c), as appropriate, to determine whether the valve has resumed
leaking.
(ii) Periodic monitoring required by paragraph (b) of this section
may be used to satisfy the requirements of paragraph (d) of this
section if the timing of the monitoring period coincides with the time
specified in paragraph (d) of this section. Alternatively, other
monitoring may be performed to satisfy the requirements of paragraph
(d) of this section regardless of whether the timing of the monitoring
period for periodic monitoring coincides with the time specified in
paragraph (d) of this section.
(iii) If a leak is detected by monitoring that is conducted
pursuant to paragraph (d) of this section, the owner or operator shall
follow the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B)
of this section to determine whether that valve must be counted as a
leaking valve for purposes of paragraph (c)(1)(ii) of this section.
(A) If the owner or operator elected to use periodic monitoring
required by paragraph (b) of this section to satisfy the requirements
of paragraph (d) of this section, then the valve shall be counted as a
leaking valve.
(B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraph (b) of this section,
to satisfy the requirements of paragraph (d) of this section, then the
valve shall be counted as a leaking valve unless it is repaired and
shown by periodic monitoring not to be leaking.
(e) Special provisions for valves--(1) Unsafe-to-monitor valves.
Any valve that is designated as described in Sec. 65.103(c)(1) as an
unsafe-to-monitor valve is exempt from the requirements of paragraph
(b) of this section and the owner or operator shall monitor the valve
according to the written plan specified in Sec. 65.103(c)(4).
(2) Difficult-to-monitor valves. Any valve that is designated as
described in Sec. 65.103(c)(2) as a difficult-to-monitor valve is
exempt from the requirements of paragraph (b) of this section and the
owner or operator shall monitor the valve according to the written plan
specified in Sec. 65.103(c)(4).
(3) Less than 250 valves. Any equipment located at a plant site
with fewer than 250 valves in regulated material service is exempt from
the requirements for monthly monitoring specified in paragraph
(b)(3)(i) of this section. Instead, the owner or operator shall monitor
each valve in regulated material service for leaks once each quarter or
comply with paragraph (b)(4)(iii), (b)(4)(iv), or (b)(4)(v) of this
section except as provided in paragraphs (e)(1) and (e)(2) of this
section.
Sec. 65.107 Standards: Pumps in light liquid service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f) of subpart A of this part.
(b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or
paragraphs (e)(1) through (e)(6) of this section, the owner or operator
shall monitor each pump to detect leaks and shall comply with all other
provisions of this section.
(1) Monitoring method. The pumps shall be monitored monthly to
detect leaks by the method specified in Sec. 65.104(b), (c), and (e).
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is specified in paragraphs (b)(2)(i) through
(b)(2)(iii) of this section.
(i) 5,000 parts per million or greater for pumps handling
polymerizing monomers;
(ii) 2,000 parts per million or greater for pumps in food/medical
service; and
(iii) 1,000 parts per million or greater for all other pumps.
(3) Leak repair exception. For pumps to which a 1,000 parts per
million leak definition applies, repair is not required unless an
instrument reading of 2,000 parts per million or greater is detected.
(4) Visual inspection. Each pump shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal. The owner or operator shall document that the inspection
was conducted and the date of the inspection. If there are indications
of liquids dripping from the pump seal at the time of the weekly
inspection, the owner or operator shall follow the procedure specified
in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
(i) The owner or operator shall monitor the pump as specified in
Sec. 65.104(b), (c), and (e). If the
[[Page 57843]]
instrument reading indicates a leak as specified in paragraph (b)(2) of
this section, a leak is detected and it shall be repaired using the
procedures in Sec. 65.105, except as specified in paragraph (b)(3) of
this section; or
(ii) The owner or operator shall eliminate the visual indications
of liquids dripping.
(c) Percent leaking pumps calculation. (1) The owner or operator
shall decide no later than the implementation date of this part or upon
revision of an operating permit whether to calculate percent leaking
pumps on a process unit basis or group of process units basis. Once the
owner or operator has decided, all subsequent percentage calculations
shall be made on the same basis.
(2) If, when calculated on a 6-month rolling average, at least the
greater of either 10 percent of the pumps in a process unit or three
pumps in a process unit leak, the owner or operator shall implement a
quality improvement program for pumps that complies with the
requirements of Sec. 65.116.
(3) The number of pumps at a process unit shall be the sum of all
the pumps in regulated material service, except that pumps found
leaking in a continuous process unit within 1 month after startup of
the pump shall not count in the percent leaking pumps calculation for
that one monitoring period only.
(4) Percent leaking pumps shall be determined by the following
equation:
%P<INF>L</INF> = ((P<INF>L</INF>-P<INF>S</INF>)/
(P<INF>T</INF>-P<INF>S</INF>) * 100 (107-1) where:
%P<INF>L</INF> = Percent leaking pumps.
P<INF>L</INF> = Number of pumps found leaking as determined through
monthly monitoring as required in paragraph (b)(1) of this section.
P<INF>S</INF> = Number of pumps leaking within 1 month of startup
during the current monitoring period.
P<INF>T</INF> = Total pumps in regulated material service, including
those meeting the criteria in paragraphs (e)(1) and (e)(2) of this
section.
(d) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 65.105, as applicable, unless otherwise specified in paragraphs
(b)(4) of this section for leaks identified by visual indications of
liquids dripping.
(e) Special provisions for pumps--(1) Dual mechanical seal pumps.
Each pump equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b)
of this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(viii) of this section are met.
(i) The owner or operator determines, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates
failure of the seal system, the barrier fluid system, or both. The
owner or operator shall keep records of the design criteria and an
explanation of the design criteria, and any changes to these criteria
and the reasons for the changes.
(ii) Each dual mechanical seal system shall meet the requirements
specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C)
of this section.
(A) Each dual mechanical seal system is operated with the barrier
fluid at a pressure that is at all times (except periods of start-up,
shutdown, or malfunction) greater than the pump stuffing box pressure;
or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of
Sec. 65.118; or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(iii) The barrier fluid is not in light liquid service.
(iv) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(v) Each pump is checked by visual inspection each calendar week
for indications of liquids dripping from the pump seal. The owner or
operator shall document that the inspection was conducted and the date
of the inspection. If there are indications of liquids dripping from
the pump seal at the time of the weekly inspection, the owner or
operator shall follow the procedure specified in either paragraph
(e)(1)(v)(A) or (e)(1)(v)(B) of this section.
(A) The owner or operator shall monitor the pump as specified in
Sec. 65.104(b), (c), and (e) to determine if there is a leak of
regulated material in the barrier fluid. If an instrument reading of
1,000 parts per million or greater is measured, a leak is detected and
it shall be repaired using the procedures in Sec. 65.105; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(vi) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(1)(i) of this section, or if
based on the criteria established in paragraph (e)(1)(i) of this
section the sensor indicates failure of the seal system, the barrier
fluid system, or both, a leak is detected.
(vii) Each sensor as described in paragraph (e)(1)(iv) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
(viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of
this section, it shall be repaired as specified in Sec. 65.105(a).
(2) No external shaft. Any pump that is designed with no externally
actuated shaft penetrating the pump housing is exempt from the
monitoring requirements of paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any pump that is routed to a process or fuel gas
system or equipped with a closed vent system that captures and
transports leakage from the pump to a control device meeting the
requirements of Sec. 65.115 is exempt from the monitoring requirements
of paragraph (b) of this section.
(4) Unmanned plant site. Any pump that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this
section, and the daily requirements of paragraph (e)(1)(vii) of this
section provided that each pump is visually inspected as often as
practical and at least monthly.
(5) Ninety percent exemption. If more than 90 percent of the pumps
at a process unit meet the criteria in either paragraph (e)(1) or
(e)(2) of this section, the process unit is exempt from the
requirements of paragraph (b) of this section.
(6) Unsafe-to-monitor pumps. Any pump that is designated as
described in Sec. 65.103(c)(1) as an unsafe-to-monitor pump is exempt
from the monitoring requirements of paragraph (b) of this section and
the repair requirements of Sec. 65.105 and the owner or operator shall
monitor the pump according to the written plan specified in
Sec. 65.103(c)(4).
Sec. 65.108 Standards: Connectors in gas/vapor service and in light
liquid service.
(a) Compliance schedule. The owner or operator shall monitor all
connectors in each process unit initially for leaks by the later of
either 12 months after the implementation date as specified in
Sec. 65.1(f) of subpart A of this part or 12 months after initial
startup, whichever is later. If all connectors in each process unit
have been monitored for leaks prior to the implementation date
specified in Sec. 65.1(f) of subpart A of this part, no initial
monitoring is required provided either no process changes have been
made since the monitoring or the owner
[[Page 57844]]
or operator can determine that the results of the monitoring, with or
without adjustments, reliably demonstrate compliance despite process
changes. If required to monitor because of a process change, the owner
or operator is required to monitor only those connectors involved in
the process change.
(b) Leak detection. Except as allowed in Sec. 65.102(b) or as
specified in paragraph (e) of this section, the owner or operator shall
monitor all connectors in gas/vapor and light liquid service as
specified in paragraphs (a) and (b)(3) of this section.
(1) Monitoring method. The connectors shall be monitored to detect
leaks by the method specified in Sec. 65.104(b), (c), and (e).
(2) Instrument reading that defines a leak. If an instrument
reading greater than or equal to 500 parts per million is measured, a
leak is detected.
(3) Monitoring Periods. The owner or operator shall perform
monitoring, subsequent to the initial monitoring required in paragraph
(a) of this section, as specified in paragraphs (b)(3)(i) through
(b)(3)(iii) of this section, and shall comply with the requirements of
paragraphs (b)(3)(iv) and (b)(3)(v) of this section. The required
period in which monitoring must be conducted shall be determined from
paragraphs (b)(3)(i) through (b)(3)(iii) of this section using the
monitoring results from the preceding monitoring period. The percent
leaking connectors shall be calculated as specified in paragraph (c) of
this subpart.
(i) If the percent leaking connectors in the process unit was
greater than or equal to 0.5 percent, then monitor within 12 months (1
year).
(ii) If the percent leaking connectors in the process unit was
greater than or equal to 0.25 percent but less than 0.5 percent, then
monitor within 4 years. An owner or operator may comply with the
requirements of paragraph (b)(3)(ii) of this section by monitoring at
least 40 percent of the connectors within 2 years of the start of the
monitoring period, provided all connectors have been monitored by the
end of the 4 year monitoring period.
(iii) If the percent leaking connectors in the process unit was
less than 0.25 percent, then monitor as provided in paragraph
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or
(b)(3)(iii)(C) of this section, as appropriate.
(A) An owner or operator shall monitor at least 50 percent of the
connectors within 4 years of the start of the monitoring period.
(B) If the percent leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is
greater than or equal to 0.35 percent of the monitored connectors, the
owner or operator shall monitor as soon as practical, but within the
next 6 months, all connectors that have not yet been monitored during
the monitoring period. At the conclusion of monitoring, a new
monitoring period shall be started pursuant to paragraph (b)(3) of this
section, based on the percent leaking connectors of the total monitored
connectors.
(C) If the percent leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is less
than 0.35 percent of the monitored connectors, the owner or operator
shall monitor all connectors that have not yet been monitored within 8
years of the start of the monitoring period.
(iv) If, during the monitoring conducted pursuant to paragraphs
(b)(3)(i) through (b)(3)(iii) of this section, a connector is found to
be leaking, it shall be re-monitored once within 90 days after repair
to confirm that it is not leaking.
(v) The owner or operator shall keep a record of the start date and
end date of each monitoring period under this section for each process
unit.
(c) Percent leaking connectors calculation. For use in determining
the monitoring frequency as specified in paragraphs (a), and (b)(3) of
this section, the percent leaking connectors as used in paragraphs (a)
and (b)(3) of this section shall be calculated by using the following
equation:
%C<INF>L</INF>=C<INF>L</INF>/C<INF>t</INF>*100 (108-1)
Where:
%C<INF>L</INF>=Percent leaking connectors as determined through
monitoring required in paragraphs (a) and (b) of this section.
C<INF>L</INF>=Number of connectors measured at 500 parts per million or
greater by the method specified in Sec. 65.104(b).
C<INF>t</INF>=Total number of monitored connectors in the process unit.
(d) Leak repair. If a leak is detected pursuant to paragraphs (a)
and (b) of this section, then the leak shall be repaired using the
procedures in Sec. 65.105, as applicable.
(e) Special provisions for connectors.--(1) Unsafe-to-monitor
connectors. Any connector that is designated, as described in
Sec. 65.103(c)(1), as an unsafe-to-monitor connector is exempt from the
requirements of paragraphs (b)(1) through (b)(3) of this section and
the owner or operator shall monitor according to the written plan
specified in Sec. 65.103(c)(4).
(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any
connector that is inaccessible or that is ceramic or ceramic-lined (for
example, porcelain, glass, or glass-lined), is exempt from the
monitoring requirements of paragraphs (a) and (b) of this section and
from the recordkeeping and reporting requirements of Secs. 65.119 and
65.120. An inaccessible connector is one that meets any of the
provisions specified in paragraphs (e)(2)(i)(A) through (e)(2)(i)(F),
as applicable.
(A) Buried;
(B) Insulated in a manner that prevents access to the connector by
a monitor probe;
(C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
(D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters
(25 feet) above the ground.
(E) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold;
(F) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines or would risk damage to equipment.
(ii) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the visual, audible, olfactory, or other indications of a leak to the
atmosphere shall be eliminated as soon as practical.
Sec. 65.109 Standards: Agitators in gas/vapor service and in light
liquid service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f) of subpart A of this part.
(b) Leak detection.--(1) Monitoring method. Each agitator seal
shall be monitored monthly to detect leaks by the methods specified in
Sec. 65.104(b), (c), and (e) except as provided in Sec. 65.102(b).
(2) Instrument reading that defines a leak. If an instrument
reading of 10,000 parts per million or greater is measured, a leak is
detected.
(3) Visual inspection. Each agitator seal shall be checked by
visual
[[Page 57845]]
inspection each calendar week for indications of liquids dripping from
the agitator seal. If there are indications of liquids dripping from
the agitator seal, the owner or operator shall follow the procedure
specified in either paragraph (b)(3)(ii)(A) or (b)(3)(ii)(B) of this
section.
(A) The owner or operator shall monitor the agitator seal as
specified in Sec. 65.104(b), (c), and (e) to determine if there is a
leak of regulated material. If an instrument reading of 10,000 parts
per million or greater is measured, a leak is detected, and it shall be
repaired using the procedures in Sec. 65.105;
(B) The owner or operator shall eliminate the indications of
liquids dripping from the pump seal.
(c) [Reserved]
(d) Leak repair. If a leak is detected, then the leak shall be
repaired using the procedures in Sec. 65.105(a).
(e) Special provisions for agitators--(1) Dual mechanical seal.
Each agitator equipped with a dual mechanical seal system that includes
a barrier fluid system is exempt from the requirements of paragraph (b)
of this section provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(vi) of this section are met.
(i) Each dual mechanical seal system shall meet the applicable
requirement specified in paragraph (e)(1)(i)(A), (e)(1)(i)(B), or
(e)(1)(i)(C) of this section.
(A) Operated with the barrier fluid at a pressure that is at all
times (except during periods of startup, shutdown, or malfunction)
greater than the agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system, or connected by a closed vent
system to a control device that meets the requirements of Sec. 65.115;
or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(ii) The barrier fluid is not in light liquid service.
(iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(iv) Each agitator seal is checked by visual inspection each
calendar week for indications of liquids dripping from the agitator
seal. If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in either paragraph (e)(1)(iv)(A) or
(e)(1)(iv)(B) of this section.
(A) The owner or operator shall monitor the agitator seal as
specified in Sec. 65.104(b) (c), and (e), to determine the presence of
regulated material in the barrier fluid. If an instrument reading of
10,000 parts per million or greater is measured, a leak is detected and
it shall be repaired using the procedures in Sec. 65.105; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (e)(1)(iii) of this
section is observed daily or is equipped with an alarm unless the
agitator seal is located within the boundary of an unmanned plant site.
(vi) The owner or operator of each dual mechanical seal system
shall meet the requirements specified in paragraphs (e)(1)(vi)(A) and
(e)(1)(vi)(B).
(A) The owner or operator shall determine based on design
considerations and operating experience criteria that indicates failure
of the seal system, the barrier fluid system, or both and that are
applicable to the presence and frequency of drips. If indications of
liquids dripping from the agitator seal exceed the criteria, or if
based on the criteria the sensor indicates failure of the seal system,
the barrier fluid system, or both, a leak is detected and shall be
repaired pursuant to Sec. 65.105, as applicable.
(B) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria, and any changes to these
criteria and the reasons for the changes.
(2) No external shaft. Any agitator that is designed with no
externally actuated shaft penetrating the agitator housing is exempt
from paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any agitator that is routed to a process or fuel
gas system or equipped with a closed vent system that captures and
transports leakage from the agitator to a control device meeting the
requirements of Sec. 65.115 is exempt from the requirements of
paragraph (b) of this section.
(4) Unmanned plant site. Any agitator that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this
section, and the daily requirements of paragraph (e)(1)(v) of this
section provided that each agitator is visually inspected as often as
practical and at least monthly.
(5) Difficult-to-monitor agitator seals. Any agitator seal that is
designated as described in Sec. 65.103(c)(2) as a difficult-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator shall monitor the agitator seal
according to the written plan specified in Sec. 65.103(c)(4).
(6) Equipment obstructions. Any agitator seal that is obstructed by
equipment or piping that prevents access to the agitator by a monitor
probe is exempt from the monitoring requirements of paragraph (b) of
this section.
(7) Unsafe-to-monitor agitator seals. Any agitator seal that is
designated as described in Sec. 65.103(c)(1)(i) as an unsafe-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator of the agitator seal monitors the
agitator seal according to the written plan specified in
Sec. 65.103(c)(4).
Sec. 65.110 Standards: Pumps, valves, connectors, and agitators in
heavy liquid service; pressure relief devices in liquid service; and
instrumentation systems.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f) of subpart A of this part.
(b) Leak detection (1) Monitoring method. Pumps, valves,
connectors, and agitators in heavy liquid service; pressure relief
devices in light liquid or heavy liquid service; and instrumentation
systems shall be monitored within 5 calendar days by the method
specified in Sec. 65.104 (b), (c), and (e) if evidence of a potential
leak to the atmosphere is found by visual, audible, olfactory, or any
other detection method, unless the potential leak is repaired as
required in paragraph (c) of this section.
(2) Instrument reading that defines a leak. If an instrument
reading of 10,000 parts per million or greater for agitators, 5,000
parts per million or greater for pumps handling polymerizing monomers,
2,000 parts per million or greater for pumps in food/medical service,
1,000 parts per million or greater for all other pumps, or 500 parts
per million or greater for valves, connectors, instrumentation systems,
and pressure relief devices is measured pursuant to paragraph (b)(1) of
this section, a leak is detected and it shall be repaired pursuant to
Sec. 65.105, as applicable.
(c) Leak Repair. For equipment identified in paragraph (b) of this
section that is not monitored by the method specified in
Sec. 65.104(b), repaired shall mean that the visual, audible,
olfactory, or other indications of a leak to the atmosphere have been
eliminated; that no bubbles are observed at potential leak sites during
a leak
[[Page 57846]]
check using soap solution; or that the system will hold a test
pressure.
Sec. 65.111 Standards: Pressure relief devices in gas/vapor service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f) of subpart A of this part.
(b) Compliance standard. Except during pressure releases as
provided for in paragraph (c) of this section, each pressure relief
device in gas/vapor service shall be operated with an instrument
reading of less than 500 parts per million as measured by the method
specified in Sec. 65.104(b), (c), and (e).
(c) Pressure relief requirements. (1) After each pressure release,
the pressure relief device shall be returned to a condition indicated
by an instrument reading of less than 500 parts per million, as soon as
practical, but no later than 5 calendar days after each pressure
release except as provided in Sec. 65.105(d).
(2) The pressure relief device shall be monitored no later than 5
calendar days after the pressure release and being returned to
regulated material service to confirm the condition indicated by an
instrument reading of less than 500 parts per million as measured by
the method specified in Sec. 65.104(b), (c), and (e).
(3) The owner or operator shall record the dates and results of the
monitoring required by paragraph (c)(2) of this section following a
pressure release including maximum instrument reading measured during
the monitoring and the background level measured if the instrument
reading is adjusted for background.
(d) Pressure relief devices routed to a process or fuel gas system
or equipped with a closed vent system and control device. Any pressure
relief device that is routed to a process or fuel gas system or
equipped with a closed vent system capable of capturing and
transporting leakage from the pressure relief device to a control
device meeting the requirements of either Secs. 65.115 or 65.102(b) is
exempt from the requirements of paragraphs (b) and (c) of this section.
(e) Rupture disk exemption. Any pressure relief device that is
equipped with a rupture disk upstream of the pressure relief device is
exempt from the requirements of paragraphs (b) and (c) of this section
provided the owner or operator installs a replacement rupture disk
upstream of the pressure relief device as soon as practical after each
pressure release, but no later than 5 calendar days after each pressure
release except as provided in Sec. 65.105(d).
Sec. 65.112 Standards: Compressors.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f) of subpart A of this part.
(b) Seal system standard. Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents
leakage of process fluid to the atmosphere except as provided in
Sec. 65.102(b) and paragraphs (e) and (f) of this section. Each
compressor seal system shall meet the applicable requirements specified
in paragraph (b)(1), (b)(2), or (b)(3) of this section.
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure at all times (except during
periods of start-up, shutdown, or malfunction); or
(2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system, or connected by a closed
vent system to a control device that meets the requirements of
Sec. 65.115; or
(3) Equipped with a closed-loop system that purges the barrier
fluid directly into a process stream.
(c) Barrier fluid system. The barrier fluid shall not be in light
liquid service. Each barrier fluid system shall be equipped with a
sensor that will detect failure of the seal system, barrier fluid
system, or both. Each sensor shall be observed daily or shall be
equipped with an alarm unless the compressor is located within the
boundary of an unmanned plant site.
(d) Failure criterion and leak detection. (1) The owner or operator
shall determine based on design considerations and operating experience
a criterion that indicates failure of the seal system, the barrier
fluid system, or both. If the sensor indicates failure of the seal
system, the barrier fluid system, or both based on the criterion, a
leak is detected and shall be repaired pursuant to Sec. 65.105, as
applicable.
(2) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria, and any changes to these
criteria and the reasons for the changes.
(e) Routed to a process or fuel gas system or equipped with a
closed vent system. A compressor is exempt from the requirements of
paragraphs (b) through (d) of this section if it is equipped with a
system to capture and transport leakage from the compressor drive shaft
seal to a process or a fuel gas system or to a closed vent system that
captures and transports leakage from the compressor to a control device
meeting the requirements of Sec. 65.115.
(f) Alternative compressor standard. (1) Any compressor that is
designated as described in Sec. 65.103(e) shall operate at all times
with an instrument reading of less than 500 parts per million . A
compressor so designated is exempt from the requirements of paragraphs
(b) through (d) of this section if the compressor is demonstrated
initially upon designation, annually, and at other times requested by
the Administrator to be operating with an instrument reading of less
than 500 parts per million as measured by the method specified in
Sec. 65.104(b), (c), and (e). A compressor may not be designated or
operated as having an instrument reading of less than 500 parts per
million as described in Sec. 65.103(e) if the compressor has a maximum
instrument reading greater than 500 parts per million.
(2) The owner or operator shall record the dates and results of
each compliance test including the background level measured and the
maximum instrument reading measured during each compliance test.
Sec. 65.113 Standards: Sampling connection systems.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f) of subpart A of this part.
(b) Equipment requirement. Each sampling connection system shall be
equipped with a closed-purge, closed-loop, or closed vent system except
as provided in paragraph (d) of this section or Sec. 65.102(b). Gases
displaced during filling of the sample container are not required to be
collected or captured.
(c) Equipment design and operation. Each closed-purge, closed-loop,
or closed vent system as required in paragraph (b) of this section
shall meet the applicable requirements specified in paragraphs (c)(1)
through (c)(5) of this section.
(1) The system shall return the purged process fluid directly to a
process line or to a fuel gas system; or
(2) Collect and recycle the purged process fluid to a process; or
(3) Be designed and operated to capture and transport all the
purged process fluid to a control device that meets the requirements of
Sec. 65.115; or
(4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or
(c)(4)(iii) of this section.
(i) A waste management unit as defined in 40 CFR 63.111 of subpart
G, if the waste management unit is
[[Continued on page 57847]]