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[[pp. 57847-57876]] 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 57847-57876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc98-39]
 
[[pp. 57847-57876]] Consolidated Federal Air Rule (CAR): Synthetic Organic Chemical 
Manufacturing Industry

[[Continued from page 57846]]

[[Page 57847]]

complying with the provisions of 40 CFR part 63, subpart G, applicable 
to Group 1 wastewater streams. For sources referenced to this part from 
40 CFR part 63, subpart H, and if the purged process fluid does not 
contain any organic HAP listed in table 9 of 40 CFR part 63, subpart G, 
the waste management unit need not be subject to and operated in 
compliance with the requirements of 40 CFR part 63, subpart G, 
applicable to Group 1 wastewater steams provided the facility has a 
National Pollution Discharge Elimination System (NPDES) permit or sends 
the wastewater to an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR parts 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.
    (5) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.


Sec. 65.114  Standards: Open-ended valves or lines.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve except as provided in Sec. 65.102(b) and paragraphs (c) 
and (d) of this section. The cap, blind flange, plug, or second valve 
shall seal the open end at all times except during operations requiring 
process fluid flow through the open-ended valve or line, or during 
maintenance. The operational provisions of paragraphs (b)(2) and (b)(3) 
of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve 
shall be operated in a manner such that the valve on the process fluid 
end is closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting 
the line between the block valves but shall comply with paragraph 
(b)(1) of this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in 
the event of a process upset are exempt from the requirements of 
paragraph (b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or would 
present an explosion, serious over pressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.


Sec. 65.115  Standards: Closed vent systems and control devices; or 
emissions routed to a fuel gas system or process.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and nonflare control devices used to comply with provisions of 
this subpart shall design and operate the closed vent systems and 
nonflare control devices to reduce emissions of regulated material with 
an efficiency of 95 percent or greater or to reduce emissions of 
regulated material to a concentration of 20 parts per million by volume 
or, for an enclosed combustion device, to provide a minimum residence 
time of 0.50 second at a minimum of 760  deg.C (1400  deg.F). Owners 
and operators of closed vent systems and nonflare control devices used 
to comply with this part shall comply with the provisions of 
Sec. 65.142(d) of subpart G of this part, except as provided in 
Sec. 65.102(b). Note that this includes the startup, shutdown, and 
malfunction plan specified in Sec. 65.6.
    (2) Owners or operators of closed vent systems and flares used to 
comply with the provisions of this subpart shall design and operate the 
flare as specified in Sec. 65.142(d) of subpart G of this part, except 
as provided in Sec. 65.102(b). Note that this includes the startup, 
shutdown, and malfunction plan specified in Sec. 65.6.
    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of 
Sec. 65.142(d) of subpart G of this part, except as provided in 
Sec. 65.102(b).


Sec. 65.116  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit (or plant 
site) or three pumps in a process unit (or plant site) leak, the owner 
or operator shall comply with the requirements specified in paragraphs 
(a)(1) and (a)(2) of this section.
    (1) Pumps that are in food/medical service or in polymerizing 
monomer service shall comply with all requirements except for those 
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food/medical or polymerizing monomer 
service shall comply with all requirements of this section.
    (b) Exiting the QIP. The owner or operator shall comply with the 
requirements of this section until the number of leaking pumps is less 
than the greater of either 10 percent of the pumps or three pumps 
calculated as a 6-month rolling average in the process unit (or plant 
site). Once the performance level is achieved, the owner or operator 
shall comply with the requirements in Sec. 65.107.
    (c) Resumption of QIP. If in a subsequent monitoring period, the 
process unit (or plant site) has greater than 10 percent of the pumps 
leaking or three pumps leaking (calculated as a 6-month rolling 
average), the owner or operator shall resume the quality improvement 
program starting at performance trials.
    (d) QIP requirements. The quality improvement program shall meet 
the requirements specified in paragraphs (d)(1) through (d)(8) of this 
section.
    (1) The owner or operator shall comply with the requirements in 
Sec. 65.107.
    (2) Data collection. The owner or operator shall collect the data 
specified in paragraphs (d)(2)(i) through (d)(2)(v) of this section and 
maintain records for each pump in each process unit (or plant site) 
subject to the quality improvement program. The data may be collected 
and the records may be maintained on a process unit or plant site 
basis.
    (i) Pump type (for example, piston, horizontal or vertical 
centrifugal, gear, bellows); pump manufacturer; seal type and 
manufacturer; pump design (for example, external shaft, flanged body); 
materials of construction; if applicable, barrier fluid or packing 
material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.

[[Page 57848]]

    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units, a description of any maintenance or quality assurance programs 
used in the process unit that are intended to improve emission 
performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit (or plant site) remains in the 
quality improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall 
inspect all pumps or pump seals that exhibited frequent seal failures 
and were removed from the process unit due to leaks. The inspection 
shall determine the probable cause of the pump seal failure or of the 
pump leak and shall include recommendations, as appropriate, for design 
changes or changes in specifications to reduce leak potential.
    (5) Data analysis. (i) The owner or operator shall analyze the data 
collected to comply with the requirements of paragraph (d)(2) of this 
section to determine the services, operating or maintenance practices, 
and pump or pump seal designs or technologies that have poorer than 
average emission performance and those that have better than average 
emission performance. The analysis shall determine if specific trouble 
areas can be identified on the basis of service, operating conditions 
or maintenance practices, equipment design, or other process-specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit or 
plant site. A candidate superior performing pump or pump seal 
technology is one demonstrated or reported in the available literature 
or through a group study as having low emission performance and as 
being capable of achieving less than 10 percent leaking pumps in the 
process unit (or plant site).
    (iii) The analysis shall include consideration of the information 
specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this 
section.
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
spump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or 
intracompany program (or through some combination of the two 
approaches) and may be for a single process unit, a plant site, a 
company, or a group of process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using data collected for a minimum of 6 
months. An analysis of the data shall be done each year the process 
unit is in the quality improvement program.
    (6) Trial evaluation program. A trial evaluation program shall be 
conducted at each plant site for which the data analysis does not 
identify use of superior performing pump seal technology or pumps that 
can be applied to the areas identified as having poorer than average 
performance except as provided in paragraph (d)(6)(v) of this section. 
The trial program shall be used to evaluate the feasibility of using in 
the process unit (or plant site) the pump designs or seal technologies, 
and operating and maintenance practices that have been identified by 
others as having low emission performance.
    (i) The trial evaluation program shall include on-line trials of 
pump seal technologies or pump designs and operating and maintenance 
practices that have been identified in the available literature or in 
analysis by others as having the ability to perform with leak rates 
below 10 percent in similar services, as having low probability of 
failure, or as having no external actuating mechanism in contact with 
the process fluid. If any of the candidate superior performing pump 
seal technologies or pumps is not included in the performance trials, 
the reasons for rejecting specific technologies from consideration 
shall be documented as required in paragraph (e)(3)(ii) of this 
section.
    (ii) The number of pump seal technologies or pumps in the trial 
evaluation program shall be the lesser of 1 percent or two pumps for 
programs involving single process units and the lesser of 1 percent or 
five pumps for programs involving a plant site or groups of process 
units. The minimum number of pumps or pump seal technologies in a trial 
program shall be one.
    (iii) The trial evaluation program shall specify and include 
documentation of the information specified in paragraphs (d)(6)(iii)(A) 
through (d)(6)(iii)(D) of this section.
    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial pump seal 
technologies or pumps.
    (iv) The performance trials shall initially be conducted at least 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that combined 
with appropriate process, operating, and maintenance practices operate 
with low emission performance for specific applications in the process 
unit. The owner or operator shall continue to conduct performance 
trials as long as no superior performing design or technology has been 
identified except as provided in paragraph (d)(6)(vi) of this section. 
The initial list of superior emission performance pump designs or pump 
seal technologies shall be amended in the future, as appropriate, as 
additional information and experience are obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump 
replacement program at the start of the fourth year of the quality 
improvement program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit may stop conducting 
performance

[[Page 57849]]

trials provided that a superior performing design or technology has 
been demonstrated or there are no technically feasible alternative 
superior technologies remaining. The owner or operator shall prepare an 
engineering evaluation documenting the physical, chemical, or 
engineering basis for the judgment that the superior emission 
performance technology is technically infeasible or demonstrating that 
it would not reduce emissions.
    (7) Quality assurance program. Each owner or operator shall prepare 
and implement a pump quality assurance program that details purchasing 
specifications and maintenance procedures for all pumps and pump seals 
in the process unit. The quality assurance program may establish any 
number of categories, or classes, of pumps as needed to distinguish 
among operating conditions and services associated with poorer than 
average emission performance as well as those associated with better 
than average emission performance. The quality assurance program shall 
be developed considering the findings of the data analysis required 
under paragraph (d)(5) of this section, if applicable, the findings of 
the trial evaluation required in paragraph (d)(6) of this section, and 
the operating conditions in the process unit. The quality assurance 
program shall be updated each year as long as the process unit has the 
greater of either 10 percent or more leaking pumps or has three leaking 
pumps.
    (i) The quality assurance program shall meet the requirements 
specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this 
section.
    (A) Establish minimum design standards for each category of pumps 
or pump seal technology. The design standards shall specify known 
critical parameters such as tolerance, manufacturer, materials of 
construction, previous usage, or other applicable identified critical 
parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the plant site or 
process unit or by a designated representative; and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications 
for the pump category and will operate so that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees, and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.
    (8) Pump or pump seal replacement. Beginning at the start of the 
third year of the quality improvement program for plant sites with 400 
or more valves or 100 or more employees and at the start of the fourth 
year of the quality improvement program for plant sites with less than 
400 valves and less than 100 employees, the owner or operator shall 
replace as described in paragraphs (d)(8)(i) and (d)(8)(ii) of this 
section the pumps or pump seals that are not superior emission 
performance technology with pumps or pump seals that have been 
identified as superior emission performance technology and that comply 
with the quality assurance standards for the pump category. Superior 
emission performance technology is that category or design of pumps or 
pump seals with emission performance that when combined with 
appropriate process, operating, and maintenance practices will result 
in less than 10 percent leaking pumps for specific applications in the 
process unit or plant site. Superior emission performance technology 
includes material or design changes to the existing pump, pump seal, 
seal support system, installation of multiple mechanical seals or 
equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. 
The calculated value shall be rounded to the nearest nonzero integer 
value. The minimum number of pumps or pump seals shall be one. Pump 
replacement shall continue until all pumps subject to the requirements 
of Sec. 65.107 are pumps determined to be superior performance 
technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit 
shutdown provided the number of pump seals and pumps replaced is 
equivalent to the 20 percent or greater annual replacement rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.
    (e) QIP recordkeeping. In addition to the records required by 
paragraph (d)(2) of this section, the owner or operator shall maintain 
records for the period of the quality improvement program for the 
process unit as specified in paragraphs (e)(1) through (e)(6) of this 
section.
    (1) When using a pump quality improvement program as specified in 
this section, record the information specified in paragraphs (e)(1)(i) 
through (e)(1)(iii) of this section.
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the 
requirements of paragraph (d)(4) of this section and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iii) The beginning and ending dates while meeting the requirements 
of paragraph (d) of this section.
    (2) If a leak is not repaired within 15 calendar days after 
discovery of the leak, the reason for the delay and the expected date 
of successful repair.
    (3) Records of all analyses required in paragraph (d) of this 
section. The records will include the information specified in 
paragraphs (e)(3)(i) through (e)(3)(iv) of this section.
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions, and the maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies and documentation of the performance trial program 
items required under paragraph (d)(6)(iii) of this section.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps 
as specified in paragraph (d)(7) of this section, including records 
indicating that all pumps replaced or modified during the period of the 
quality improvement program are in compliance with the quality 
assurance.
    (5) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in paragraph (d)(8) of 
this section.
    (6) Information and data to show the corporation has fewer than 100 
employees, including employees

[[Page 57850]]

providing professional and technical contracted services.


Sec. 65.117  Alternative means of emission limitation: Batch processes.

    (a) General requirement. As an alternative to complying with the 
requirements of Secs. 65.106 through 65.114 and 65.116, an owner or 
operator of a batch process that operates in regulated material service 
during the calendar year may comply with one of the standards specified 
in paragraphs (b) and (c) of this section, or the owner or operator may 
petition for approval of an alternative standard under the provisions 
of Sec. 65.102(b). The alternative standards of this section provide 
the options of pressure testing or monitoring the equipment for leaks. 
The owner or operator may switch among the alternatives provided the 
change is documented as specified in paragraph (b)(7) of this section.
    (b) Pressure testing of the batch equipment. The following 
requirements shall be met if an owner or operator elects to use 
pressure testing of batch product-process equipment to demonstrate 
compliance with this subpart.
    (1) Reconfiguration. Each time equipment is reconfigured for 
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before 
regulated material is first fed to the equipment and the equipment is 
placed in regulated material service.
    (i) When the batch product-process equipment train is reconfigured 
to produce a different product, pressure testing is required only for 
the new or disturbed equipment.
    (ii) Each batch product-process that operates in regulated material 
service during a calendar year shall be pressure-tested at least once 
during that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, 
such as changing hoses or filters, that are not part of the 
reconfiguration to produce a different product or intermediate.
    (2) Testing procedures. The batch product-process equipment shall 
be tested either using the procedures specified in paragraph (b)(5) of 
this section for pressure vacuum loss or with a liquid using the 
procedures specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a 
leak is detected if the rate of change in pressure is greater than 6.9 
kilopascals (1 pound per square inch gauge) in 1 hour or if there is 
visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4) Leak repair. (i) If a leak is detected, it shall be repaired 
and the batch product-process equipment shall be retested before 
startup of the process.
    (ii) If a batch product-process fails the retest or the second of 
two consecutive pressure tests, it shall be repaired as soon as 
practical but not later than 30 calendar days after the second pressure 
test except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The 
procedures specified in paragraphs (b)(5)(i) through (b)(5)(v) of this 
section shall be used to pressure test batch product-process equipment 
for pressure or vacuum loss to demonstrate compliance with the 
requirements of paragraph (b)(3)(i) of this section.
    (i) The batch product-process equipment train shall be pressurized 
with a gas to a pressure less than the set pressure of any safety 
relief devices or valves or to a pressure slightly above the operating 
pressure of the equipment, or alternatively the equipment shall be 
placed under a vacuum.
    (ii) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (iii) The test shall continue for not less than 15 minutes unless 
it can be determined in a shorter period of time that the allowable 
rate of pressure drop or of pressure rise was exceeded. The pressure in 
the batch product-process equipment shall be measured after the gas or 
vacuum source is shut off and at the end of the test period. The rate 
of change in pressure in the batch product-process equipment shall be 
calculated using the following equation:

<greek-D>(P/t)=(|P<INF>f</INF>-P<INF>i</INF>|)/
(t<INF>f</INF>-t<INF>i</INF>)  (117-1)

Where:

<greek-D>(P/t)=Change in pressure, pounds per square inch gauge/hr.
P<INF>f</INF>=Final pressure, pounds per square inch gauge.
P<INF>i</INF>=Initial pressure, pounds per square inch gauge.
t<INF>f</INF>-t<INF>i</INF>=Elapsed time, hours.

    (iv) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) that has a precision of 
<INF>#</INF>2.5 millimeters mercury (0.10 inch of mercury) in the range 
of test pressure and is capable of measuring pressures up to the relief 
set pressure of the pressure relief device. If such a pressure 
measurement device is not reasonably available, the owner or operator 
shall use a pressure measurement device with a precision of at least 
<plus-minus>10 percent of the test pressure of the equipment and shall 
extend the duration of the test for the time necessary to detect a 
pressure loss or rise that equals a rate of 1 pound per square inch 
gauge per hour (7 kilopascals per hour).
    (v) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting a pressure loss or rise.
    (6) Pressure test procedure using test liquid. The procedures 
specified in paragraphs (b)(6)(i) through (b)(g)(iv) of this section 
shall be used to pressure test batch product-process equipment using a 
liquid to demonstrate compliance with the requirements of paragraph 
(b)(3)(ii) of this section.
    (i) The batch product-process equipment train or section of the 
equipment train shall be filled with the test liquid (for example, 
water, alcohol) until normal operating pressure is obtained. Once the 
equipment is filled, the liquid source shall be shut off.
    (ii) The test shall be conducted for a period of at least 60 
minutes unless it can be determined in a shorter period of time that 
the test is a failure.
    (iii) Each seal in the equipment being tested shall be inspected 
for indications of liquid dripping or other indications of fluid loss. 
If there are any indications of liquids dripping or of fluid loss, a 
leak is detected.
    (iv) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.
    (7) Pressure testing recordkeeping. The owner or operator of a 
batch product-process who elects to pressure test the batch product-
process equipment train to demonstrate compliance with this subpart 
shall maintain records of the information specified in paragraphs 
(b)(7)(i) through (b)(7)(v) of this section.
    (i) The identification of each product or product code produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in a batch product-process equipment train.
    (ii) Physical tagging of the equipment to identify that it is in 
regulated material service and subject to the provisions of this 
subpart is not required. Equipment in a batch product-process subject 
to the provisions of this subpart may be identified on a plant site 
plan, in log entries, or by other appropriate methods.
    (iii) The dates of each pressure test required in paragraph (b) of 
this section,

[[Page 57851]]

the test pressure, and the pressure drop observed during the test.
    (iv) Records of any visible, audible, or olfactory evidence of 
fluid loss.
    (v) When a batch product-process equipment train does not pass two 
consecutive pressure tests, the information specified in paragraphs 
(b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in 
a log and kept for 2 years.
    (A) The date of each pressure test and the date of each leak repair 
attempt;
    (B) Repair methods applied in each attempt to repair the leak;
    (C) The reason for the delay of repair;
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.
    (c) Equipment monitoring. The following requirements shall be met 
if an owner or operator elects to monitor the equipment in a batch 
process to detect leaks by the method specified in Sec. 65.104(b) to 
demonstrate compliance with this subpart.
    (1) The owner or operator shall comply with the requirements of 
Secs. 65.106 through 65.116 as modified by paragraphs (c)(2) through 
(c)(4) of this section.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 65.104(b) when the equipment is in regulated material 
service or is in use with any other detectable material.
    (3) The equipment shall be monitored for leaks as specified in 
paragraphs (c)(3)(i) through (c)(3)(iv) of this section.
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of startup of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 65.108.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 of this subpart. The operating time 
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
    (iv) The monitoring frequencies specified in paragraph (c)(3)(iii) 
of this section are not requirements for monitoring at specific 
intervals and can be adjusted to accommodate process operations. An 
owner or operator may monitor anytime during the specified monitoring 
period (for example, month, quarter, year), provided the monitoring is 
conducted at a reasonable interval after completion of the last 
monitoring campaign. For example, if the equipment is not operating 
during the scheduled monitoring period, the monitoring can be done 
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as 
practical but not later than 15 calendar days after it is detected 
except as provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process 
units that the owner or operator elects to monitor as provided under 
paragraph (c) of this section, the owner or operator shall prepare a 
list of equipment added to batch product-process units since the last 
monitoring period required in paragraphs (c)(3)(ii) and (c)(3)(iii) of 
this section.
    (2) Maintain records demonstrating the proportion of the time 
during the calendar year the equipment is in use in a batch process 
that is subject to the provisions of this subpart. Examples of suitable 
documentation are records of time in use for individual pieces of 
equipment or average time in use for the process unit. These records 
are not required if the owner or operator does not adjust monitoring 
frequency by the time in use, as provided in paragraph (c)(3)(iii) of 
this section.
    (3) Record and keep pursuant to Sec. 65.4 of subpart A of this part 
the date and results of the monitoring required in paragraph (c)(3)(i) 
of this section for equipment added to a batch product-process unit 
since the last monitoring period required in paragraphs (c)(3)(ii) and 
(c)(3)(iii) of this section. If no leaking equipment is found during 
this monitoring, the owner or operator shall record that the inspection 
was performed. Records of the actual monitoring results are not 
required.
    (e) Delay of repair. Delay of repair of equipment for which leaks 
have been detected is allowed if the replacement equipment is not 
available providing the conditions specified in paragraphs (e)(1) and 
(e)(2) of this section are met.
    (1) Equipment supplies have been depleted and supplies had been 
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after 
delivery of the replacement equipment.
    (f) Periodic report contents. For owners or operators electing to 
meet the requirements of paragraph (b) of this section, the periodic 
report to be filed pursuant to Sec. 65.120(b) shall include the 
information listed in paragraphs (f)(1) through (f)(4) of this section 
for each process unit.
    (1) Batch product-process equipment train identification;
    (2) The number of pressure tests conducted;
    (3) The number of pressure tests where the equipment train failed 
the pressure test; and
    (4) The facts that explain any delay of repairs.


Sec. 65.118  Alternative means of emission limitation: Enclosed-vented 
process units.

    (a) Use of closed vent system and control device. Process units 
enclosed in such a manner that all emissions from equipment leaks are 
vented through a closed vent system to a control device meeting the 
requirements of either Sec. 65.115 or Sec. 65.102(b) are exempt from 
the requirements of Secs. 65.106 through 65.116. The enclosure shall be 
maintained under a negative pressure at all times while the process 
unit is in operation to ensure that all emissions are routed to a 
control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) and the regulated 
materials they handle.
    (2) A schematic of the process unit, enclosure, and closed vent 
system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.


Sec. 65.119  Recordkeeping provisions.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(for example, quarterly monitoring, quality improvement) for each type 
of equipment. The records required by this subpart are summarized in 
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in 
Sec. 65.103(a) through (c), the owner or operator shall keep general 
and specific equipment identification if the equipment is not 
physically tagged and the owner or operator is electing to identify the 
equipment subject to subpart F of this part through written 
documentation such as a log or other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 65.103(c)(4) for any equipment that is designated as unsafe- or 
difficult-to-monitor.

[[Page 57852]]

    (3) The owner or operator shall maintain a record of the identity 
and an explanation as specified in Sec. 65.103(d)(2) for any equipment 
that is designated as unsafe to repair.
    (4) As specified in Sec. 65.103(e), the owner or operator shall 
maintain a record of the identity of compressors operating with an 
instrument reading of less than 500 parts per million.
    (5) The owner or operator shall keep records associated with the 
determination that equipment is in heavy liquid service as specified in 
Sec. 65.103(f).
    (6) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 65.104(e)(2).
    (7) The owner or operator shall keep records for leak repair as 
specified in Sec. 65.105(f) and records for delay of repair as 
specified in Sec. 65.105(d).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the records specified in paragraphs (c)(1)(i) 
and (c)(1)(ii) of this section.
    (i) The monitoring schedule for each process unit as specified in 
Sec. 65.106(b)(3)(i).
    (ii) The valve subgrouping records specified in 
Sec. 65.106(b)(4)(iv), if applicable.
    (2) For pumps, the owner or operator shall maintain the records 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in 
Sec. 65.107(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 65.107(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips 
for dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec. 65.107(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the 
records specified in Sec. 65.108(b)(3)(v) which identify a monitoring 
schedule for each process unit.
    (4) For agitators equipped with a dual mechanical seal system that 
includes barrier fluid system, the owner or operator shall keep records 
as specified in Sec. 65.109(e)(1)(vi)(B).
    (5) For pressure relief devices in gas/vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec. 65.111(c)(3).
    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the 
barrier fluid system, record the design criteria and explanations and 
any changes and the reason for the changes, as specified in 
Sec. 65.112(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 65.112(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain 
the records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this 
section.
    (i) Individual pump records as specified in Sec. 65.116(d)(2).
    (ii) Trial evaluation program documentation as specified in 
Sec. 65.116(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement 
that superior emission performance technology is not applicable as 
specified in Sec. 65.116(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in 
Sec. 65.116(d)(7).
    (v) QIP records as specified in Sec. 65.116(e).
    (8) For process units complying with the batch process unit 
alternative, the owner or operator shall maintain the records specified 
in paragraphs (c)(8)(i) and (c)(8)(ii) of this section.
    (i) Pressure test records as specified in Sec. 65.117(b)(7).
    (ii) Records for equipment added to the process unit as specified 
in Sec. 65.117(d).
    (9) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 65.118(b).


Sec. 65.120  Reporting provisions.

    (a) Initial Compliance Status Report. Unless the information 
specified in paragraphs (a)(1) through (a)(3) has previously been 
submitted, each owner or operator shall submit an Initial Compliance 
Status Report according to the procedures in Sec. 65.5(d) of subpart A 
of this part. The notification shall include the information listed in 
paragraphs (a)(1) through (a)(3) of this section, as applicable.
    (1) The notification shall provide the information listed in 
paragraphs (a)(1)(i) through (a)(1)(iii) of this section for each 
process unit subject to the requirements of this subpart.
    (i) Process unit identification.
    (ii) Number of each equipment type (for example, valves, pumps) 
excluding equipment in vacuum service.
    (iii) Method of compliance with the standard (for example, 
``monthly leak detection and repair'' or ``equipped with dual 
mechanical seals'').
    (2) The notification shall provide the information listed in 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process 
unit subject to the requirements of Sec. 65.117(b).
    (i) Batch products or product codes subject to the provisions of 
this subpart; and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the information listed in 
paragraphs (c)(3)(i) and (c)(3)(ii) of this section for each process 
unit subject to the requirements in Sec. 65.118.
    (i) Process unit identification.
    (ii) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of subpart G of this part.
    (b) Periodic reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (b)(9) of this 
section, as applicable, in the periodic report specified in 
Sec. 65.5(e) of subpart A of this part.
    (1) For the equipment specified in paragraphs (b)(1)(i) through 
(b)(1)(v) of this section, report in a summary format by equipment type 
the number of components for which leaks were detected, and for valves, 
pumps, and connectors show the percent leakers and the total number of 
components monitored. Also include the number of leaking components 
that were not repaired as required by Sec. 65.105(a), and for valves 
and connectors identify the number of components that are determined by 
Sec. 65.106(c)(3) to be nonrepairable.
    (i) Valves in gas/vapor service and in light liquid service 
pursuant to Sec. 65.106(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 65.107(b) and 
(c).
    (iii) Connectors in gas/vapor service and in light liquid service 
pursuant to Sec. 65.108(b) and (c).
    (iv) Agitators in gas/vapor service and in light liquid service 
pursuant to Sec. 65.109(b).
    (v) Compressors pursuant to Sec. 65.112.
    (2) Where any delay of repair is utilized pursuant to 
Sec. 65.105(d), report that delay of repair has occurred and report the 
number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information 
specified in Sec. 65.106(b)(4)(iv).
    (4) For pressure relief devices in gas/vapor service pursuant to 
Sec. 65.111(b)

[[Page 57853]]

and for compressors pursuant to Sec. 65.112(f) that are to be operated 
at a leak detection instrument reading of less than 500 parts per 
million, report the results of all monitoring to show compliance 
conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring 
program for valves pursuant to Sec. 65.106(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec. 65.116 of this subpart.
    (7) [Reserved]
    (8) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in Sec. 65.117(f).
    (9) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units with later 
compliance dates. Report any revisions to items reported in an earlier 
Initial Compliance Status Report if the method of compliance has 
changed since the last report.


Secs. 65.121-65.139  [Reserved].

         Table 1 to Subpart F.--Batch Processes Monitoring Frequency for Equipment Other Than Connectors
----------------------------------------------------------------------------------------------------------------
                                           Equivalent continuous process monitoring frequency time in use
 Operating time (percent of year) ------------------------------------------------------------------------------
                                            Monthly                   Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.........................  Quarterly................  Annually................  Annually.
25 to <50........................  Quarterly................  Semiannually............  Annually.
50 to <75........................  Bimonthly................  Three times.............  Semiannually.
75 to 100........................  Monthly..................  Quarterly...............  Semiannually.
----------------------------------------------------------------------------------------------------------------

Subpart G--Closed Vent Systems, Control Devices, and Routing to a 
Fuel Gas System or a Process


Sec. 65.140  Applicability.

    The provisions of this subpart and of subpart A of this part 
(including the startup, shutdown, and malfunction provisions in 
Sec. 65.6 of subpart A of this part) apply to closed vent systems, 
control devices and recovery devices where another subpart expressly 
references the use of this subpart.


Sec. 65.141  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of 
this part for purposes of this subpart.


Sec. 65.142  Standards.

    (a) Storage vessel requirements. The owner or operator expressly 
referenced to this subpart from subpart C of this part shall comply 
with the applicable requirements of paragraphs (a)(1) through (a)(3) of 
this section.
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.42(b)(4) of subpart C of this part who route storage vessel 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec. 65.143 for closed vent systems; Sec. 65.147 for 
flares; and paragraphs (a), (b), and (c) of Sec. 65.157 for provisions 
regarding flare compliance determinations; and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to storage vessel emissions routed 
through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.42(b)(5) of subpart C of this part who 
route storage vessel emissions through a closed vent system to a 
nonflare control device shall meet the requirements in Sec. 65.143 for 
closed vent systems and Sec. 65.145 for nonflare control devices and 
the monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to storage vessel 
emissions routed through a closed vent system to a nonflare control 
device unless specifically required in the monitoring plan submitted 
under Sec. 65.145(c).
    (3) Route to a fuel gas system or process. Owners or operators 
subject to Sec. 65.42(b)(6) of subpart C of this part who route storage 
vessel emissions to a fuel gas system or to a process shall meet the 
requirements in Sec. 65.144 and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to storage vessel emissions being routed to a fuel gas 
system or to a process.
    (b) Process vent requirements. The owner or operator expressly 
referenced to this subpart from subpart D of this part or 40 CFR part 
60, subpart DDD, shall comply with the applicable requirements of 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.63(a)(1) of subpart D of this part or 40 CFR 60.562-
1(a)(1)(i)(C) of subpart DDD who route Group 1 process vent emissions 
through a closed vent system to a flare shall meet the applicable 
requirements in Sec. 65.143 for closed vent systems; Sec. 65.147 for 
flares; and paragraphs (a), (b), and (c) of Sec. 65.157 for provisions 
regarding flare compliance determinations; and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to process vent emissions routed 
through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.63(a)(2) of subpart D of this part or 40 
CFR 60.562-1(a)(1)(i)(A) or (a)(1)(i)(B) of subpart DDD who route 
process vent emissions through a closed vent system to a nonflare 
control device shall meet the applicable requirements in Sec. 65.143 
for closed vent systems; the requirements applicable to the control 
devices being used in Secs. 65.148 through 65.152 or Sec. 65.155; the 
applicable general monitoring requirements of Sec. 65.156; the 
applicable performance test requirements and procedures of Secs. 65.157 
and 65.158; and the monitoring, recordkeeping, and reporting 
requirements referenced therein. Owners or operators subject to the 
halogen reduction device requirements of Sec. 65.63(b) of subpart D 
must also comply with Sec. 65.154 and the monitoring, recordkeeping, 
and reporting requirements referenced therein. The requirements of 
Secs. 65.144 through 65.146 do not apply to process vents.
    (3) Final recovery devices. Owners or operators subject to 
Sec. 65.63(a)(3) of subpart D who use a final recovery device to 
maintain the TRE index value of a Group 2 process vent above 1.0 shall 
meet the requirements in Sec. 65.153 and the monitoring, recordkeeping, 
and reporting requirements referenced therein applicable to the 
recovery

[[Page 57854]]

device being used and the applicable monitoring requirements in 
Sec. 65.156 and the recordkeeping and reporting requirements referenced 
therein, except for Sec. 65.156(c)(2)(ii). No other provisions of this 
subpart apply to Group 2A process vents.
    (c) Transfer rack requirements. The owner or operator expressly 
referenced to this subpart from subpart E of this part shall comply 
with the applicable requirements of paragraphs (c)(1) through (c)(4) of 
this section.
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.83(a)(2) of subpart E of this part who route transfer rack 
emissions through a closed vent system to a flare shall meet the 
applicable requirements in Sec. 65.143 for closed vent systems; 
Sec. 65.147 for flares; and paragraphs (a), (b), and (c) of Sec. 65.157 
for provisions regarding flare compliance determinations; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to transfer rack 
emissions routed through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device for low-
throughput transfer racks. Owners or operators of low-throughput 
transfer racks subject to Sec. 65.83(a)(1) of subpart E of this part 
who route low-throughput transfer rack emissions through a closed vent 
system to a nonflare control device shall meet the applicable 
requirements in Sec. 65.143 for closed vent systems and Sec. 65.145 for 
nonflare control devices and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to low-throughput transfer rack emissions routed through 
a closed vent system to a nonflare control device unless specifically 
required in the monitoring plan submitted under Sec. 65.145(c).
    (3) Closed vent system and nonflare control devices for high-
throughput transfer racks. Owners or operators of high-throughput 
transfer racks subject to Sec. 65.83(a)(1) of subpart E of this part 
who route high-throughput transfer rack emissions through a closed vent 
system to a nonflare control device shall meet the applicable 
requirements in Sec. 65.143 for closed vent systems, the requirements 
applicable to the control device being used in Secs. 65.148 through 
65.152 or Sec. 65.155; the applicable general monitoring of 
Sec. 65.156; and the applicable performance test requirements and 
procedures of Secs. 65.157 and 65.158; and the monitoring, 
recordkeeping, and reporting requirements referenced therein. Owners or 
operators subject to 65.83(b) of subpart E must also comply with 
Sec. 65.154 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. The requirements of Secs. 65.144 
through 65.146 do not apply to high-throughput transfer rack emissions 
routed through a closed vent system to a nonflare control device. No 
other provisions of this subpart apply to transfer rack emissions 
routed through a closed vent system to a nonflare control device.
    (4) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.83(a)(4) of subpart E of this part who route 
transfer rack emissions to a fuel gas system or to a process shall meet 
the applicable requirements in Sec. 65.144 and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to transfer rack emissions being 
routed to a fuel gas system or to a process.
    (d) Equipment leak requirements. The owner or operator expressly 
referenced to this subpart from subpart F of this part shall comply 
with the applicable requirements of paragraphs (d)(1) through (d)(3) of 
this section.
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.115(b) of subpart F of this part who route equipment leak 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec. 65.143 for closed vent systems; Sec. 65.147 for 
flares; and paragraphs (a), (b) and (c) of Sec. 65.157 for provisions 
regarding flare compliance determinations; and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to equipment leak emissions routed 
through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.115(b) of subpart F of this part who route 
equipment leak emissions through a closed vent system to a nonflare 
control device shall meet the requirements in Sec. 65.143 for closed 
vent systems and Sec. 65.146 for nonflare control devices used for 
equipment leak emissions and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to equipment leak emissions routed through a closed vent 
system to a nonflare control device.
    (3) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.115(b) of subpart F of this part who route equipment 
leak emissions to a fuel gas system or to a process shall meet the 
requirements in Sec. 65.144 and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to equipment leak emissions being routed to a fuel gas 
system or to a process.
    (e) Combined emissions. When emissions of different kinds (for 
example, emissions from process vents, transfer racks, and/or storage 
vessels) are combined, the owner or operator shall comply with the 
requirements of either paragraph (e)(1) or paragraph (e)(2) of this 
section.
    (1) Comply with the applicable requirements of this subpart for 
each kind of emissions in the stream (for example, the requirements of 
Sec. 65.142(b) for process vents, and the requirements of 
Sec. 65.142(c) for transfer racks); or
    (2) Comply with the first set of requirements identified in 
paragraphs (e)(2)(i) through (e)(2)(iii) of this section which applies 
to any individual emission stream that is included in the combined 
stream. Compliance with the first applicable set of requirements 
identified in paragraphs (e)(2)(i) through (e)(2)(iii) of this section 
constitutes compliance with all other requirements in paragraphs 
(e)(2)(i) through (e)(2)(iii) of this section applicable to other types 
of emissions in the combined stream.
    (i) The requirements of Sec. 65.142(b) for Group 1 process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 65.142(c) for high-throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec. 65.142(a) for control of emissions 
from storage vessels or low-throughput transfer racks, including 
monitoring, recordkeeping, and reporting.


Sec. 65.143  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. The 
provisions of paragraph (a) of this section apply to closed vent 
systems collecting regulated material from a storage vessel, process 
vent, transfer rack, or equipment leaks.
    (1) Collection of emissions. Each closed vent system shall be 
designed and operated to collect the regulated material vapors from the 
emission point and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with 
the provisions of this subpart shall be operated at all times when 
emissions are vented to them.
    (3) Bypass monitoring. Except for pressure relief devices needed 
for safety purposes, low leg drains, high point bleeds, analyzer vents, 
and open-ended valves or lines, the owner or operator

[[Page 57855]]

shall comply with the provisions of either paragraph (a)(3)(i) or 
(a)(3)(ii) of this section for each closed vent system that contains 
bypass lines that could divert a vent stream to the atmosphere.
    (i) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 65.163(a)(1)(i). The flow indicator 
shall be installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the closed position with a 
car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line. Records shall be 
generated as specified in Sec. 65.163(a)(1)(ii).
    (4) Loading arms at transfer racks. Each closed vent system 
collecting regulated material from a transfer rack shall be designed 
and operated so that regulated material vapors collected at one loading 
arm will not pass through another loading arm in the rack to the 
atmosphere.
    (5) Pressure relief devices in a transfer rack. The owner or 
operator of a transfer rack subject to the provisions of this subpart 
shall ensure that no pressure relief device in the transfer rack's 
closed vent system shall open to the atmosphere during loading. 
Pressure relief devices needed for safety purposes are not subject to 
paragraph (a)(5) of this section.
    (b) Closed vent system inspection requirements. The provisions of 
paragraph (b) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack or equipment 
leaks. Inspection records shall be generated as specified in 
Sec. 65.163(a)(3) and (a)(4).
    (1) Except for closed vent systems operated and maintained under 
negative pressure and as provided in paragraphs (b)(2) and (b)(3) of 
this section, each closed vent system shall be inspected as specified 
in paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) If the closed vent system is constructed of hard-piping, the 
owner or operator shall comply with the requirements specified in 
paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) of this section.
    (A) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section; and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the 
owner or operator shall conduct an initial and annual inspection 
according to the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated as 
described in Sec. 65.163(a)(2) as unsafe to inspect are exempt from the 
inspection requirements of paragraph (b)(1) of this section if the 
conditions of paragraphs (b)(2)(i) and (b)(2)(ii) of this section are 
met.
    (i) The owner or operator determines that the equipment is unsafe 
to inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph (b)(1) 
of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as 
described in Sec. 65.163(a)(2), as difficult to inspect are exempt from 
the inspection requirements of paragraph (b)(1) of this section if the 
provisions of paragraphs (b)(3)(i) and (b)(3)(ii) of this section 
apply.
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (c) Closed vent system inspection procedures. The provisions of 
paragraph (c) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks.
    (1) Each closed vent system subject to paragraph (c) of this 
section shall be inspected according to the procedures specified in 
paragraphs (c)(1)(i) through (c)(1)(vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A, except as specified in this section.
    (ii) Except as provided in paragraph (c)(1)(iii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 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 
volatile organic compounds (VOC) in the stream. For process streams 
that contain nitrogen, air, or other inerts that are not organic 
hazardous air pollutants (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 the 
monitoring for leaks will be conducted.
    (iii) If no instrument is available at the plant site that will 
meet the performance criteria specified in paragraph (c)(1)(ii) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid calculated on an 
inert-free basis as described in paragraph (c)(1)(ii) of this section.
    (iv) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 40 CFR 
part 60, appendix A.
    (v) Calibration gases shall be as specified in paragraphs 
(c)(1)(v)(A) through (c)(1)(v)(C) of this section.
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(c)(1)(ii) of this section. In such cases, the calibration gas may be a 
mixture of one or more of the compounds to be measured in air.
    (C) If the detection instrument's design allows for multiple 
calibration scales, then the lower scale shall be calibrated with a 
calibration gas that is no higher than 2,500 parts per million.
    (vi) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects not 
to adjust readings for background, all such instrument readings shall 
be compared directly to 500 parts per million to determine whether 
there is a leak. If an owner or operator elects to adjust instrument 
readings for background, the owner or operator shall measure background 
concentration using the procedures in this section. The owner or 
operator shall subtract the background reading from the maximum 
concentration indicated by the instrument.
    (vii) If the owner or operator elects to adjust for background, the 
arithmetic difference between the maximum concentration indicated by 
the instrument and the background level shall be compared with 500 
parts per million for determining whether there is a leak.

[[Page 57856]]

    (2) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (3) Except as provided in paragraph (c)(4) of this section, 
inspections shall be performed when the equipment is in regulated 
material service or in use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated 
material from a transfer rack shall be performed only while a tank 
truck or railcar is being loaded or is otherwise pressurized to normal 
operating conditions with regulated material or any other detectable 
gas or vapor.
    (d) Closed vent system leak repair provisions. The provisions of 
paragraph (d) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leak.
    (1) If there are visible, audible, or olfactory indications of 
leaks at the time of the annual visual inspections required by 
paragraph (b)(1)(i)(B) of this section, the owner or operator shall 
follow the procedure specified in either paragraph (d)(1)(i) or 
(d)(1)(ii) of this section.
    (i) The owner or operator shall eliminate the indications of the 
leak.
    (ii) The owner or operator shall monitor the equipment according to 
the procedures in paragraph (c) of this section.
    (2) Leaks as indicated by an instrument reading greater than 500 
parts per million by volume above background shall be repaired as soon 
as practical except as provided in paragraph (d)(3) of this section. 
Records shall be generated as specified in Sec. 65.163(a)(3) when a 
leak is detected.
    (i) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (ii) Except as provided in paragraph (d)(3) of this section, 
repairs shall be completed no later than 15 calendar days after the 
leak is detected or at the beginning of the next introduction of vapors 
to the system, whichever is later.
    (3) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if repair within 15 days after a leak is 
detected is technically infeasible without a closed vent system 
shutdown, as defined in Sec. 65.2 of subpart A of this part, or if the 
owner or operator determines that emissions resulting from immediate 
repair would be greater than the emissions likely to result from delay 
of repair. Repair of such equipment shall be completed as soon as 
practical, but not later than the end of the next closed vent system 
shutdown.


Sec. 65.144  Fuel gas systems and processes to which storage vessel, 
transfer rack, or equipment leak regulated material emissions are 
routed.

    (a) Equipment and operating requirements for fuel gas systems and 
processes. (1) Except as provided in Sec. 65.3(b)(1) of subpart A, the 
fuel gas system or process shall be operating at all times when 
regulated material emissions are routed to it.
    (2) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's system returning vapors to a fuel gas system or 
process shall open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to paragraph (a)(2) 
of this section.
    (3) Each process piping system collecting regulated material from a 
transfer rack shall be designed and operated so that regulated material 
vapors collected at one loading arm will not pass through another 
loading arm in the rack to the atmosphere.
    (b) Fuel gas system and process compliance determination. (1) If 
emissions are routed to a fuel gas system, there is no requirement to 
conduct a performance test or design evaluation.
    (2) For storage vessels and transfer racks and if emissions are 
routed to a process, the regulated material in the emissions shall 
predominantly meet one of or a combination of the conditions specified 
in paragraphs (b)(2)(i) through (b)(2)(iv) of this section. The owner 
or operator of storage vessels subject to paragraph (b)(2) of this 
section shall comply with the compliance demonstration requirements in 
paragraph (b)(3) of this section.
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (3) To demonstrate compliance with paragraph (b)(2) of this section 
for a storage vessel, the owner or operator shall prepare a design 
evaluation (or engineering assessment) that demonstrates the extent to 
which one or more of the conditions specified in paragraphs (b)(2)(i) 
through (b)(2)(iv) of this section are being met. The owner or operator 
shall submit the design evaluation as specified in Sec. 65.165(a)(1).
    (c) Statement of connection. For storage vessels and transfer 
racks, the owner or operator shall submit the reports specified in 
Sec. 65.165(a)(2) and/or (a)(3), as appropriate.


Sec. 65.145  Nonflare control devices used to control emissions from 
storage vessels or low-throughput transfer racks.

    (a) Nonflare control device equipment and operating requirements. 
The owner or operator shall operate and maintain the nonflare control 
device so that the monitored parameters defined as required in 
paragraph (c) of this section remain within the ranges specified in the 
Initial Compliance Status Report whenever emissions of regulated 
material are routed to the control device, except during periods of 
startup, shutdown, and malfunction.
    (b) Nonflare control device design evaluation or performance test 
requirements. When using a control device other than a flare, the owner 
or operator shall comply with the requirements in paragraph (b)(1)(i), 
(b)(1)(ii), or (b)(1)(iii) of this section except as provided in 
paragraph (b)(2) of this section.
    (1) Unless a design evaluation or performance test as required in 
the referencing subpart was previously conducted and submitted for the 
storage vessel or low-throughput transfer rack, the owner or operator 
shall either prepare and submit with the Initial Compliance Status 
Report, as specified in Sec. 65.165(b), a design evaluation that 
includes the information specified in paragraph (b)(1)(i) of this 
section, or the results of the performance test as described in 
paragraph (b)(1)(ii) or (b)(1)(iii) of this section.
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency during the reasonably expected maximum 
storage vessel filling or transfer loading rate. This documentation is 
to include a description of the gas stream that enters the control 
device, including flow and regulated material content, and additionally 
for storage vessels, under varying liquid level conditions, and the 
information specified in paragraphs (b)(1)(i)(A) through (b)(1)(i)(E) 
of this section, as applicable. This documentation shall be submitted 
with the Initial Compliance Status Report as specified in 
Sec. 65.165(b).
    (A) The efficiency determination is to include consideration of all 
vapors, gases, and liquids, other than fuels, received by the control 
device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5

[[Page 57857]]

seconds and a minimum temperature of 760  deg.C is used to meet the 
emission reduction requirement specified in Sec. 65.42(b)(5) or (c)(2) 
of subpart C of this part for storage vessels or Sec. 65.83(a)(1) of 
subpart E of this part for transfer racks, documentation that those 
conditions exist is sufficient to meet the requirements of paragraph 
(b)(1)(i) of this section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section 
for enclosed combustion devices, the design evaluation shall include 
the estimated autoignition temperature of the stream being combusted, 
the flow rate of the stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
estimated affinity of the regulated pollutant vapors for carbon, the 
amount of carbon in each bed, the number of beds, the humidity, the 
temperature, the flow rate of the inlet stream and, if applicable, the 
desorption schedule, the regeneration stream pressure or temperature, 
and the flow rate of the regeneration stream. For vacuum desorption, 
pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the stream vapors, the type of condenser, and the design 
flow rate of the emission stream.
    (ii) Performance test. A performance test is acceptable to 
demonstrate compliance with Sec. 65.42(b)(5) of subpart C of this part 
for storage vessels and Sec. 65.83(a)(1) of subpart E of this part for 
transfer racks. The owner or operator is not required to prepare a 
design evaluation for the control device as described in paragraph 
(b)(1)(i) of this section if a performance test will be performed that 
meets the criteria specified in paragraphs (b)(1)(ii)(A) and 
(b)(1)(ii)(B) of this section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 65.42(b)(5) of subpart C of this part for storage 
vessels or Sec. 65.83(a)(1) of subpart E of this part for transfer 
racks; and
    (B) The performance test meets the applicable performance test 
requirements of Secs. 65.157 and 65.158, and the results are submitted 
as part of the Initial Compliance Status Report as specified in 
Sec. 65.165(b).
    (iii) If the control device used to comply with Sec. 65.42(b)(5) of 
subpart C of this part for storage vessels or with Sec. 65.83(a)(1) of 
subpart E of this part for low-throughput transfer racks, as 
applicable, is also used to comply with Sec. 65.63(a)(2) of subpart D 
of this part for process vents or Sec. 65.83(a)(1) of subpart E of this 
part for transfer racks (for non low-throughput transfer racks), a 
performance test required by Sec. 65.148(b), Sec. 65.149(b), 
Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), or Sec. 65.155(b) is 
acceptable to demonstrate compliance with Sec. 65.42(b)(5) of subpart C 
of this part for storage vessels or Sec. 65.83(a)(1) of subpart E of 
this part for low-throughput transfer racks, as applicable. The owner 
or operator is not required to prepare a design evaluation for the 
control device as described in paragraph (b)(1)(i) of this section, if 
a performance test will be performed which meets the criteria specified 
in paragraphs (b)(1)(iii)(A) and (b)(1)(iii)(B) of this section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 65.42(b)(5) of subpart C of this part for storage 
vessels or Sec. 65.83(a)(1) of subpart E of this part for transfer 
racks; and
    (B) The performance test is submitted as part of the Initial 
Compliance Status Report as specified in Sec. 65.165(b).
    (2) A design evaluation or performance test is not required if the 
owner or operator uses a combustion device meeting the criteria in 
paragraph (b)(2)(i), (b)(2)(ii), (b)(2)(iii), or (b)(2)(iv) of this 
section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(ii)(A) or (b)(2)(ii)(B) of this section.
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H, or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (iii) A hazardous waste incinerator for which the owner or operator 
meets the requirements specified in paragraph (b)(2)(iii)(A) or 
(b)(2)(iii)(B) of this section.
    (A) The incinerator has been issued a final permit under 40 CFR 
part 270 and complies with the requirements of 40 CFR part 264, subpart 
O; or
    (B) The incinerator has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O.
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (c) Nonflare control device monitoring requirements. (1) Unless 
previously established under an applicable standard prior to the 
implementation date of this part as specified in Sec. 65.1(f) of 
subpart A of this part, the owner or operator shall submit with the 
Initial Compliance Status Report a monitoring plan containing the 
information specified in Sec. 65.165(b) to identify the parameters that 
will be monitored to assure proper operation of the control device.
    (2) The owner or operator shall monitor the parameters specified in 
the Initial Compliance Status Report or in the operating permit. 
Records shall be generated as specified in Sec. 65.163(b)(1).


Sec. 65.146  Nonflare control devices used for equipment leaks only.

    (a) Equipment and operating requirements. (1) Owners or operators 
using a nonflare control device to meet the applicable requirements in 
Sec. 65.115(b) of subpart F of this part shall meet the requirements of 
this section.
    (2) Control devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Performance test requirements. A performance test is not 
required for any control device used only to control emissions from 
equipment leaks.
    (c) Monitoring requirements. Owners or operators of control devices 
that are used to comply only with the provisions of Sec. 65.115(b) of 
subpart F of this part shall monitor these control devices to ensure 
that they are operated and maintained in conformance with their design. 
The owner or operator shall maintain the records as specified in 
Sec. 65.163(d).


Sec. 65.147  Flares.

    (a) Flare equipment and operating requirements. Flares subject to 
this subpart shall meet the performance requirements of paragraphs 
(a)(1) through (a)(7) of this section.
    (1) Flares shall be operated at all times when emissions are vented 
to them.
    (2) Flares shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (b)(3)(i) 
of this section except for periods not to exceed a total of 5 minutes 
during any two consecutive hours.
    (3) Flares shall be operated with a flare flame or at least one 
pilot flame present at all times, as determined by the methods 
specified in paragraph (c) of this section.

[[Page 57858]]

    (4) Flares shall be used only when the net heating value of the gas 
being combusted is 11.2 megajoules per standard cubic meter (300 
British thermal units per standard cubic foot) or greater if the flare 
is steam-assisted or air-assisted, or when the net heating value of the 
gas being combusted is 7.45 megajoules per standard cubic meter (200 
British thermal units per standard cubic foot) or greater if the flare 
is nonassisted. The net heating value of the gas being combusted shall 
be determined by the methods specified in paragraph (b)(3)(ii) of this 
section.
    (5) Flares used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
    (6) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity as determined by the methods specified 
in paragraph (b)(3)(iii) of this section, of less than 18.3 meters per 
second (60 feet per sec) except as provided in paragraphs (a)(6)(i) and 
(a)(6)(ii) of this section, as applicable.
    (i) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity as determined by the methods specified 
in paragraph (b)(3)(iii) of this section equal to or less than 122 
meters per second (400 feet per second) if the net heating value of the 
gas being combusted is greater than 37.3 megajoules per standard cubic 
meter (1,000 British thermal units per standard cubic foot).
    (ii) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (b)(3)(iii) of this section, of less than the 
velocity, V<INF>max</INF> and less than 122 meters per second (400 feet 
per sec), where the maximum permitted velocity, V<INF>max</INF>, is 
determined by the following equation:

Log10 (V<INF>max</INF>)=(H<INF>T</INF>+28.8)/31.7    (147-1)

Where:

V<INF>max</INF>=Maximum permitted velocity, meters per second
28.8=Constant
31.7=Constant
H<INF>T</INF>=The net heating value as determined in paragraph 
(b)(3)(ii) of this section.

    (7) Air-assisted flares shall be designed for and operated with an 
exit velocity as determined by the methods specified in paragraph 
(b)(3)(iii) of this section less than the velocity, V<INF>max</INF>, 
where the maximum permitted velocity, V<INF>max</INF>, is determined by 
the following equation.

V<INF>max</INF>=8.706+0.7084 (H<INF>T</INF>)    (147-2)

Where:

V<INF>max</INF>=Maximum permitted velocity, meters per second
8.706=Constant
0.7084=Constant
H<INF>T</INF>=The net heating value as determined in paragraph 
(b)(3)(ii) of this section.

    (b) Flare compliance determination. (1) Unless an initial flare 
compliance determination of the flare was previously conducted and 
submitted under the referencing subpart, the owner or operator shall 
conduct an initial flare compliance determination of any flare used to 
comply with the provisions of this subpart. Flare compliance 
determination records shall be kept as specified in Sec. 65.159(a) and 
(b) and a flare compliance determination report shall be submitted as 
specified in Sec. 65.164. An owner or operator is not required to 
conduct a performance test to determine percent emission reduction or 
outlet regulated material or TOC concentration when a flare is used.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a flare to replace an existing 
control device at a later date, the owner or operator shall notify the 
Administrator, either by amendment of the regulated source's title V 
permit or, if title V is not applicable, by submission of the notice 
specified in Sec. 65.167(a). Upon implementing the change, a flare 
compliance determination shall be performed using the methods specified 
in paragraph (b)(3) of this section within 180 days. The compliance 
determination report shall be submitted to the Administrator within 60 
days of completing the determination as provided in Sec. 65.164(b)(2). 
If an owner or operator elects to use a flare to replace an existing 
final recovery device that is used on a Group 2A process vent, the 
owner or operator shall comply with the applicable provisions of 
Secs. 65.63(e) and 65.67(b) of subpart D of this part and submit the 
notification specified in Sec. 65.167(a).
    (3) Flare compliance determinations shall meet the requirements 
specified in paragraphs (b)(3)(i) through (b)(3)(iv) of this section.
    (i) Method 22 of appendix A of part 60 shall be used to determine 
the compliance of flares with the visible emission provisions of this 
subpart. The observation period is 2 hours, except for transfer racks 
as provided in paragraph (b)(3)(i)(A) or (b)(3)(i)(B) of this section.
    (A) For transfer racks, if the loading cycle is less than 2 hours, 
then the observation period for that run shall be for the entire 
loading cycle.
    (B) For transfer racks, if additional loading cycles are initiated 
within the 2-hour period, then visible emissions observations shall be 
conducted for the additional cycles.
    (ii) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.009

where:

H<INF>T</INF>=Net heating value of the sample, megajoules per standard 
cubic meter; where the net enthalpy per mole of offgas is based on 
combustion at 25  deg.C and 760 millimeters of mercury (30 inches of 
mercury), but the standard temperature for determining the volume 
corresponding to 1 mole is 20  deg.C;
K<INF>1</INF>=1.740 x 10<SUP>-7</SUP> (parts per million by 
volume)<SUP>-1</SUP> (gram-mole per standard cubic meter) (megajoules 
per kilocalories), where the standard temperature for gram mole per 
standard cubic meter is 20  deg.C;
D<INF>j</INF>=Concentration of sample component j, in parts per million 
by volume on a wet basis, as measured for organics by Method 18 of part 
60, appendix A and measured for hydrogen and carbon monoxide by 
American Society for Testing and Materials (ASTM) D1946-77; and
H<INF>j</INF>=Net heat of combustion of sample component j, 
kilocalories per gram-mole at 25  deg.C and 760 millimeters of mercury 
(30 inches of mercury). The heats of combustion of stream components 
may be determined using ASTM D2382-76 if published values are not 
available or cannot be calculated.

    (iii) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in units of standard temperature and 
pressure), as determined by Methods 2, 2A, 2C, or 2D of 40 CFR part 60, 
appendix A as appropriate; by the unobstructed (free) cross-sectional 
area of the flare tip.
    (iv) Flare flame or pilot monitors, as applicable, shall be 
operated during any flare compliance determination.
    (c) Flare monitoring requirements. Where a flare is used, the 
following monitoring equipment is required: a device (including but not 
limited to a thermocouple, ultraviolet beam sensor, or infrared sensor) 
capable of continuously detecting that at least one pilot flame or the 
flare flame is present. Flame monitoring and compliance records shall 
be kept as specified in Sec. 65.159 (c) and (d).

[[Page 57859]]

Sec. 65.148  Incinerators.

    (a) Incinerator equipment and operating requirements. (1) Owners or 
operators using incinerators to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirement as specified in Sec. 65.63(a)(2) of subpart D of this part 
or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents, or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Incinerators used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Incinerator performance test requirements. (1) Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart and except as specified in Sec. 65.157(b) and 
paragraph (b)(2) of this section, the owner or operator shall conduct 
an initial performance test of any incinerator used to comply with the 
provisions of this subpart according to the procedures in Secs. 65.157 
and 65.158. Performance test records shall be kept as specified in 
Sec. 65.160(a) and (b) and a performance test report shall be submitted 
as specified in Sec. 65.164. As provided in Sec. 65.145(b)(1), a 
performance test may be used as an alternative to the design evaluation 
for storage vessels and low-throughput transfer rack controls. As 
provided in Sec. 65.146(b), no performance test is required for 
equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test for a hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (3) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use an incinerator to replace an 
existing control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, an incinerator performance test shall be 
performed, using the methods specified in Sec. 65.157 and within 180 
days if required by paragraph (b)(1) of this section. The performance 
test report shall be submitted to the Administrator within 60 days of 
completing the determination as provided in Sec. 65.164(b)(2). If an 
owner or operator elects to use an incinerator to replace an existing 
recovery device that is used on a Group 2A process vent, the owner or 
operator shall comply with the applicable provisions of Secs. 65.63(e) 
and 65.67(b) of subpart D of this part and submit the notification 
specified in Sec. 65.167(a).
    (c) Incinerator monitoring requirements. (1) Where an incinerator 
is used, a temperature monitoring device capable of providing a 
continuous record that meets the provisions specified in paragraph 
(c)(1)(i) or (c)(1)(ii) of this section is required. Monitoring results 
shall be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (i) Where an incinerator other than a catalytic incinerator is 
used, a temperature monitoring device shall be installed in the fire 
box or in the ductwork immediately downstream of the fire box in a 
position before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the incinerator. In order 
to establish the range, the information required in Sec. 65.165(c) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications of 
Sec. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 65.149  Boilers and process heaters.

    (a) Boiler and process heater equipment and operating requirements. 
(1) Owners or operators using boilers and process heaters to meet the 
98 weight-percent emission reduction or 20 parts per million by volume 
outlet concentration requirement as specified in Sec. 65.63(a)(2) of 
subpart D of this part or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD 
for process vents, or Sec. 65.83(a)(1) of subpart E of this part for 
transfer racks, as applicable, shall meet the requirements of this 
section.
    (2) The vent stream shall be introduced into the flame zone of the 
boiler or process heater.
    (3) Boilers and process heaters used to comply with the provisions 
of this subpart shall be operated at all times when emissions are 
vented to them.
    (b) Boiler and process heater performance test requirements. (1) 
Unless an initial performance test was previously conducted and 
submitted under the referencing subpart, and except as specified in 
Sec. 65.157(b) and paragraph (b)(2) of this section, the owner or 
operator shall conduct an initial performance test of any boiler or 
process heater used to comply with the provisions of this subpart 
according to the procedures in Secs. 65.157 and 65.158. Performance 
test records shall be kept as specified in Sec. 65.160(a) and (b) and a 
performance test report shall be submitted as specified in Sec. 65.164. 
As provided in Sec. 65.145(b)(1), a performance test may be used as an 
alternative to the design evaluation for storage vessels and low-
throughput transfer rack controls. As provided in Sec. 65.146(b), no 
performance test is required to demonstrate compliance for equipment 
leaks.
    (2) An owner or operator is not required to conduct a performance 
test when any of the control devices specified in paragraphs (b)(2)(i) 
through (b)(2)(iii) are used.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(iii)(A) or (b)(2)(iii)(B) of this section.
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (3) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a boiler or process heater to 
replace an existing control device at a later date, the owner or 
operator shall notify the Administrator, either by amendment of the 
regulated source's title V permit or, if title V is not applicable, by 
submission of the notice specified in Sec. 65.167(a) before 
implementing the change. Upon implementing the change, a boiler or 
process heater performance test shall be performed using the methods 
specified in Secs. 65.157 and 65.158 within 180 days if required by 
paragraph (b)(1) of this section. The performance test report shall be 
submitted to the Administrator

[[Page 57860]]

within 60 days of completing the determination as provided in 
Sec. 65.164(b)(2). If an owner or operator elects to use a boiler or 
process heater to replace an existing recovery device that is used on a 
Group 2A process vent, the owner or operator shall comply with the 
applicable provisions of Sec. 65.63(e) and Sec. 65.67(b) of subpart D 
of this part and submit the notification specified in Sec. 65.167(a).
    (c) Boiler and process heater monitoring requirements. (1) Where a 
boiler or process heater of less than 44 megawatts (150 million British 
thermal units per hour) design heat input capacity is used and the 
regulated vent stream is not introduced as or with the primary fuel, a 
temperature monitoring device in the fire box capable of providing a 
continuous record is required. Any boiler or process heater in which 
all vent streams are introduced with primary fuel or are used as the 
primary fuel is exempt from monitoring. Monitoring results shall be 
recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (2) Where monitoring is required, the owner or operator shall 
establish a range for monitored parameters that indicates proper 
operation of the boiler or process heater. In order to establish the 
range, the information required in Sec. 65.165(c) shall be submitted in 
the Initial Compliance Status Report or the operating permit 
application or amendment. The range may be based upon a prior 
performance test meeting the specifications of Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.150  Absorbers used as control devices.

    (a) Absorber equipment and operating requirements. (1) Owners or 
operators using absorbers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2) of subpart D of this part 
or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents, or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Absorbers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Absorber performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
absorber used as a recapture device to comply with the provisions of 
this subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160 (a) 
and (b) and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test 
may be used as an alternative to the design evaluation for storage 
vessels and low-throughput transfer rack controls. As provided in 
Sec. 65.146(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use an absorber to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, the provisions specified in paragraph 
(b)(2)(i) or (b)(2)(ii) as applicable shall be followed.
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with an absorber 
used as a control device, the owner or operator shall comply with the 
applicable provisions of Secs. 65.63(e) and 65.67(b) of subpart D of 
this part.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or a transfer rack 
with an absorber used as a control device, the owner or operator shall 
perform a performance test using the methods specified in Secs. 65.157 
and 65.158 within 180 days. The performance test report shall be 
submitted to the Administrator within 60 days of completing the test as 
provided in Sec. 65.164(b)(2).
    (c) Absorber monitoring requirements. (1) Where an absorber is used 
as a control device, either an organic monitoring device capable of 
providing a continuous record or a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device, each 
capable of providing a continuous record, shall be used. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the absorber. In order to 
establish the range, the information required in Sec. 65.165(c) shall 
be submitted in the Initial Compliance Status Report or the operating 
permit application or amendment. The range may be based upon a prior 
performance test meeting the specifications of Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.151  Condensers used as control devices.

    (a) Condenser equipment and operating requirements. (1) Owners or 
operators using condensers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2) of subpart D of this part 
or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents, or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Condensers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Condenser performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
condenser used as a recapture device to comply with the provisions of 
this subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160 (a) 
and (b) and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test 
may be used as an alternative to the design evaluation for storage 
vessels and low-throughput transfer rack controls. As provided in 
Sec. 65.146(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a condenser to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, the provisions specified in paragraph 
(b)(2)(i) or (b)(2)(ii) of this section, as applicable, shall be 
followed.

[[Page 57861]]

    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with a condenser 
used as a control device, the owner or operator shall comply with the 
applicable provisions of Secs. 65.63(e) and 65.67(b) of subpart D of 
this part.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or a transfer rack 
with a condenser used as a control device, the owner or operator shall 
perform a performance test using the methods specified in Secs. 65.157 
and 65.158 within 180 days. The performance test report shall be 
submitted to the Administrator within 60 days of completing the test as 
provided in Sec. 65.164(b)(2).
    (c) Condenser monitoring requirements. (1) Where a condenser is 
used as a control device, an organic monitoring device capable of 
providing a continuous record or a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used. Monitoring results shall be recorded as specified in 
Sec. 65.161. General requirements for monitoring and continuous 
parameter monitoring systems are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the condenser. In order 
to establish the range, the information required in Sec. 65.165(c) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications in 
Sec. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 65.152  Carbon adsorbers used as control devices.

    (a) Carbon adsorber equipment and operating requirements. (1) 
Owners or operators using carbon adsorbers to meet the 98 weight-
percent emission reduction or 20 parts per million by volume outlet 
concentration requirements as specified in Sec. 65.63(a)(2) of subpart 
D of this part or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for 
process vents, or Sec. 65.83(a)(1) of subpart E of this part for 
transfer racks, as applicable, shall meet the requirements of this 
section.
    (2) Carbon adsorbers used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Carbon adsorber performance test requirements. (1) Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
carbon absorber used as a control device to comply with the provisions 
of this subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160 (a) 
and (b) and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test 
may be used as an alternative to the design evaluation for storage 
vessels and low-throughput transfer rack controls. As provided in 
Sec. 65.146(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a carbon adsorber to replace an 
existing recovery or control device at a later date, the owner or 
operator shall notify the Administrator either by amendment of the 
regulated source's title V permit or, if title V is not applicable, by 
submission of the notice specified in Sec. 65.167(a) before 
implementing the change. Upon implementing the change, the provisions 
specified in paragraph (b)(2)(i) or (b)(2)(ii) as applicable shall be 
followed.
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with a carbon 
adsorber used as a control device, the owner or operator shall comply 
with the applicable provisions of Secs. 65.63(e) and 65.67(b) of 
subpart D of this part.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or transfer rack 
with a carbon adsorber used as a recapture device, the owner or 
operator shall perform a performance test using the methods specified 
in Secs. 65.157 and 65.158 within 180 days. The performance test report 
shall be submitted to the Administrator within 60 days of completing 
the test as provided in Sec. 65.164(b)(2).
    (c) Carbon adsorber monitoring requirements. (1) Where a carbon 
adsorber is used as a control device, an organic monitoring device 
capable of providing a continuous record or an integrating regeneration 
stream flow monitoring device having an accuracy of <plus-minus>10 
percent or better capable of recording the total regeneration stream 
mass or volumetric flow for each regeneration cycle and a carbon-bed 
temperature monitoring device, capable of recording the carbon bed 
temperature after each regeneration and within 15 minutes of completing 
any cooling cycle shall be used. Monitoring results shall be recorded 
as specified in Sec. 65.161. General requirements for monitoring and 
continuous parameter monitoring systems are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the carbon adsorber. 
Where the regeneration stream flow and carbon-bed temperature are 
monitored, the range shall be in terms of the total regeneration stream 
flow per regeneration cycle and the temperature of the carbon-bed 
determined within 15 minutes of the completion of the regeneration 
cooling cycle. In order to establish the range, the information 
required in Sec. 65.165(c) shall be submitted in the Initial Compliance 
Status Report or the operating permit application or amendment. The 
range may be based upon a prior performance test meeting the 
specifications in Sec. 65.157(b)(1) or upon existing ranges or limits 
established under a referencing subpart.


Sec. 65.153  Absorbers, condensers, carbon adsorbers and other recovery 
devices used as final recovery devices.

    (a) Final recovery device equipment and operating requirements. (1) 
Owners or operators using a recovery device to meet the requirement to 
operate and maintain a TRE above 1.0 as specified in Sec. 65.63(a)(3) 
of subpart D of this part for process vents shall meet the requirements 
of this section.
    (2) Recovery devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Recovery device performance test requirements. (1) There are no 
performance test requirements for recovery devices. Records of TRE 
index value determination shall be generated as specified in 
Sec. 65.160(c).
    (2) Replace a final recovery device or control device. Unless 
already permitted by the applicable title V permit, if an owner or 
operator elects to use a recovery device to replace an existing final 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, the owner or operator shall comply with the 
applicable provisions of Secs. 65.63(e) and 65.67(b) of subpart D of 
this part.
    (c) Recovery device monitoring requirements. (1) Where an absorber 
is

[[Page 57862]]

the final recovery device in the recovery system and the TRE index 
value is between 1.0 and 4.0, either an organic monitoring device 
capable of providing a continuous record or a scrubbing liquid 
temperature monitoring device and a specific gravity monitoring device, 
each capable of providing a continuous record shall be used. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between 1.0 and 4.0, an organic 
monitoring device capable of providing a continuous record or a 
condenser exit (product side) temperature monitoring device capable of 
providing a continuous record shall be used. Monitoring results shall 
be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between 1.0 and 4.0, an 
organic monitoring device capable of providing a continuous record; or 
an integrating regeneration stream flow monitoring device having an 
accuracy of <plus-minus>10 percent or better, capable of recording the 
total regeneration stream mass or volumetric flow for each regeneration 
cycle, and a carbon-bed temperature monitoring device, capable of 
recording the carbon-bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle shall be used. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (4) Unless previously approved by the Administrator under an 
applicable standard prior to the implementation date of this part, as 
specified in Sec. 65.1(f) of subpart A of this part, if an owner or 
operator uses a recovery device other than those listed in this 
subpart, the owner or operator shall submit a description of planned 
monitoring, reporting and recordkeeping procedures as required under 
Sec. 65.162(e). The Administrator will approve or deny the proposed 
monitoring, reporting and recordkeeping requirements as part of the 
review of the submission or permit application or by other appropriate 
means.
    (5) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the recovery device. In 
order to establish the range, the information required in 
Sec. 65.165(c) shall be submitted in the Initial Compliance Status 
Report or the operating permit application or amendment. The range may 
be based upon a prior performance test meeting the specifications in 
Sec. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart. Where the regeneration stream flow and carbon-bed 
temperature are monitored, the range shall be in terms of the total 
regeneration stream flow per regeneration cycle and the temperature of 
the carbon-bed determined within 15 minutes of the completion of the 
regeneration cooling cycle.


Sec. 65.154  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment 
and operating requirements. (1) An owner or operator of halogen 
scrubbers and other halogen reduction devices subject to this subpart 
shall reduce the overall emissions of hydrogen halides and halogens by 
99 percent or reduce the outlet mass of total hydrogen halides and 
halogens to less than 0.45 kilograms per hour (0.99 pound per hour) as 
specified in Sec. 65.63(b) of subpart D of this part for process vents 
or Sec. 65.83(b) of subpart E of this part for transfer racks, as 
applicable, and shall meet the requirements of this section.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of this subpart shall be operated at all 
times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance 
test requirements. (1) Unless an initial performance test was 
previously conducted and submitted under the referencing subpart, an 
owner or operator of a combustion device followed by a halogen scrubber 
or other halogen reduction device to control halogenated vent streams 
in accordance with Sec. 65.63(b)(1) of subpart D of this part for 
process vents or Sec. 65.83(b)(1) of subpart E of this part for 
transfer racks shall conduct an initial performance test to determine 
compliance with the control efficiency or emission limits for hydrogen 
halides and halogens according to the procedures in Secs. 65.157 and 
65.158. Performance test records shall be kept as specified in 
Sec. 65.160(a) and (b) and a performance test report shall be submitted 
as specified in Sec. 65.164.
    (2) Unless the halogen atom mass emission rate was previously 
determined under the referencing subpart, an owner or operator of a 
halogen scrubber or other halogen reduction technique to reduce the 
vent stream halogen atom mass emission rate to less than 0.45 kilogram 
per hour (0.99 pound per hour) prior to a combustion device used to 
comply with Sec. 65.63(b)(2) of subpart D of this part for process 
vents or Sec. 65.83(b)(2) of subpart E of this part for transfer racks 
shall determine the halogen atom mass emission rate prior to the 
combustor according to the procedures in Sec. 65.64(g) of subpart D of 
this part or Sec. 65.83(b)(3) of subpart E of this part. Records of the 
halogen concentration in the vent stream shall be generated as 
specified in Sec. 65.160(d).
    (c) Halogen scrubber and other halogen reduction device monitoring 
requirements. (1) Where a halogen scrubber is used, the monitoring 
equipment specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this 
section is required for the scrubber. Monitoring results shall be 
recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (i) A pH monitoring device capable of providing a continuous record 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter capable of providing a continuous record shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(c)(1)(ii)(A) through (c)(1)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for the chemical 
manufacturing process unit of which it is part as specified in 40 CFR 
63.100(k) of subpart F (if the referencing subpart is 40 CFR part 63, 
subpart F) or prior to the implementation date as specified in 
Sec. 65.1(f) of subpart A of this part (for all other referencing 
subparts), the owner or operator may determine gas stream flow by the 
method that had been utilized to comply with those regulations. A 
determination that was conducted prior to that compliance date may be 
utilized to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method that will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method that will at

[[Page 57863]]

least provide a value for either a representative or the highest gas 
stream flow anticipated in the scrubber during representative operating 
conditions other than startups, shutdowns, or malfunctions. The plan 
shall include a description of the methodology to be followed and an 
explanation of how the selected methodology will reliably determine the 
gas stream flow and a description of the records that will be 
maintained to document the determination of gas stream flow. The owner 
or operator shall maintain the plan as specified in Sec. 65.5 of 
subpart A of this part.
    (2) Where a halogen reduction device other than a scrubber is used, 
the procedures in Sec. 65.162(e) shall be followed to establish 
monitoring parameters.
    (3) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the scrubber or other 
halogen reduction device. In order to establish the range, the 
information required in Sec. 65.165(c) shall be submitted in the 
Initial Compliance Status Report or the operating permit application or 
amendment. The range may be based upon a prior performance test meeting 
the specifications in Sec. 65.157(b)(1) or upon existing ranges or 
limits established under a referencing subpart.


Sec. 65.155  Other control devices.

    (a) Other control device equipment and operating requirements. (1) 
Owners or operators using a control device other than one listed in 
Secs. 65.147 through 65.152 to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements specified in Sec. 65.63(a)(2) of subpart D of this part or 
40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Other control devices used to comply with the provisions of 
this subpart shall be operated at all times when emissions are vented 
to them.
    (b) Other control device performance test requirements. Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart, an owner or operator of a control device other 
than those specified in Secs. 65.147 through 65.152, to comply with 
Sec. 65.63(a)(2) of subpart D of this part for process vents or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks shall 
perform an initial performance test according to the procedures in 
Secs. 65.157 and 65.158. Performance test records shall be kept as 
specified in Sec. 65.160(a) and (b) and a performance test report shall 
be submitted as specified in Sec. 65.164.
    (c) Other control device monitoring requirements. (1) Unless 
previously submitted and approved under the referencing subpart, if an 
owner or operator uses a control device other than those listed in this 
subpart, the owner or operator shall submit a description of planned 
monitoring, reporting, and recordkeeping procedures as required under 
Sec. 65.162(e). The Administrator will approve, deny, or modify based 
on the reasonableness of the proposed monitoring, reporting, and 
recordkeeping requirements as part of the review of the submission or 
permit application or by other appropriate means.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the control device. To 
establish the range, the information required in Sec. 65.165(c) shall 
be submitted in the Initial Compliance Status Report or the operating 
permit application or amendment. The range may be based upon a prior 
performance test meeting the specifications in Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.156  General monitoring requirements for control and recovery 
devices.

    (a) General monitoring requirement applicability. (1) This section 
applies to the owner or operator of a regulated source required to 
monitor under this subpart.
    (2) Flares subject to Sec. 65.147(c) are not subject to the 
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this 
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and in the relevant sections of this subpart 
unless the provision in either paragraph (b)(1)(i) or (b)(1)(ii) of 
this section applies.
    (i) The Administrator specifies or approves the use of minor 
changes in methodology for the specified monitoring requirements and 
procedures; or
    (ii) The Administrator approves the use of alternatives to any 
monitoring requirements or procedures as provided in Sec. 65.7(b), (c), 
and (d) of subpart A of this part.
    (2) When one CPMS is used as a backup to another CPMS, the owner or 
operator shall report the results from the CPMS used to meet the 
monitoring requirements of this subpart. If both such CPMS are used 
during a particular reporting period to meet the monitoring 
requirements of this part, then the owner or operator shall report the 
results from each CPMS for the relevant compliance period.
    (c) Operation and maintenance of continuous parameter monitoring 
systems.  (1) All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturers specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of a regulated source shall maintain and 
operate each CPMS as specified in this section or in a relevant 
subpart, and in a manner consistent with good air pollution control 
practices.
    (i) The owner or operator of a regulated source shall ensure the 
immediate repair or replacement of CPMS parts to correct ``routine'' or 
otherwise predictable CPMS malfunctions. The necessary parts for 
routine repairs of the affected equipment shall be readily available.
    (ii) Except for Group 2A process vents, if the startup, shutdown, 
and malfunction plan is followed during a CPMS startup, shutdown, or 
malfunction and the CPMS is repaired immediately, this action shall be 
reported in the semiannual startup, shutdown, and malfunction report 
required under Sec. 65.6(b)(1) of subpart A of this part.
    (iii) The Administrator's determination of whether acceptable 
operation and maintenance procedures are being used for the CPMS will 
be based on information that may include, but is not limited to, review 
of operation and maintenance procedures, operation and maintenance 
records, manufacturer's recommendations and specifications, and 
inspection of the CPMS.
    (3) All CPMS's shall be installed and operational, and the data 
verified as specified in this subpart either prior to or in conjunction 
with conducting performance tests. Verification of operational status 
shall, at a minimum, include completion of the manufacturer's written 
specifications or recommendations for installation, operation, and 
calibration of the system or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (4) All CPMS shall be installed such that representative 
measurements of

[[Page 57864]]

parameters from the regulated source are obtained.
    (5) In accordance with Sec. 65.3(a)(3) of subpart A of this part, 
except for system breakdowns, repairs, maintenance periods, instrument 
adjustments or checks to maintain precision and accuracy, calibration 
checks, and zero and span adjustments, all CPMS shall be in continuous 
operation when emissions are being routed to the monitored device.
    (d) Except for Group 2A process vents, the parameter monitoring 
data shall be used to determine compliance with the required operating 
conditions for the monitored control devices. For each excursion, 
except for excused excursions, the owner or operator shall be deemed to 
have failed to have applied the control in a manner that achieves the 
required operating conditions.
    (1) An excursion means any of the three cases listed in paragraphs 
(d)(1)(i) through (d)(1)(iii) of this section. For a control device 
where multiple parameters are monitored, if one or more of the 
parameters meets the excursion criteria in paragraph (d)(1)(i), 
(d)(1)(ii), or (d)(1)(iii), this is considered a single excursion for 
the control device.
    (i) When the daily average value of one or more monitored 
parameters is outside the permitted range.
    (ii) When the period of control or recovery device operation is 4 
hours or greater in an operating day and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.
    (iii) When the period of control or recovery device operation is 
less than 4 hours in an operating day and more than 1 hour during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (d)(1)(ii) and (d)(1)(iii) of this section, 
if measured values are unavailable for any of the 15-minute periods 
within the hour. For data compression systems approved under 
Sec. 65.162(d)(4), monitoring data are insufficient to calculate a 
valid hour of data if there are less than four data values recorded 
during the hour.
    (2) One excused excursion for each control device or recovery 
device for each semiannual period is allowed.
    (3) The excursions described in paragraphs (d)(3)(i) through 
(d)(3)(iii) of this section are not violations, and do not count as 
excused excursions.
    (i) Excursions which occur during periods of startup, shutdown, and 
malfunction, when the source is being operated during such periods in 
accordance with its startup, shutdown, and malfunction plan as required 
by Sec. 65.6 of subpart A.
    (ii) Excursions which occur due to failure to collect a valid hour 
of data during periods of startup, shutdown, and malfunction, when the 
source is being operated during such periods in accordance with its 
startup, shutdown, and malfunction plan as required by Sec. 65.6 of 
subpart A.
    (iii) Excursions which occur during periods of nonoperation of the 
regulated source or portion thereof, resulting in cessation of the 
emissions to which monitoring applies.
    (4) Nothing in paragraph (d) 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.
    (5) Paragraph (d) of this section, except paragraph (d)(3) of this 
section, shall apply only to emission points and control devices for 
which continuous monitoring is required by this subpart.
    (e) Alternative monitoring parameter. An owner or operator may 
request approval to monitor control, recovery, halogen scrubber, or 
halogen reduction device operating parameters other than those 
specified in this subpart by following the procedures specified in 
Sec. 65.162(e).


Sec. 65.157  Performance test and flare compliance determination 
requirements.

    (a) Performance tests and flare compliance determinations. Where 
Secs. 65.145 through 65.155 require or the owner or operator elects to 
conduct a performance test of a nonflare control device or a halogen 
reduction device, or a compliance determination for a flare, the 
requirements of paragraphs (b) through (d) of this section apply.
    (b) Prior test results and waivers. Initial performance tests and 
initial flare compliance determinations are required only as specified 
in this subpart.
    (1) Unless requested by the Administrator, an owner or operator is 
not required to conduct a performance test or flare compliance 
determination under this subpart if a prior performance test or 
compliance determination was conducted using the same methods specified 
in Sec. 65.158 and either no process changes have been made since the 
test or the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.
    (2) Individual performance tests and flare compliance 
determinations may be waived upon written application to the 
Administrator per Sec. 65.164(b)(3) if, in the Administrator's 
judgment, the source is meeting the relevant standard(s) on a 
continuous basis, or the source is being operated under an extension of 
compliance under 40 CFR part 63 or a waiver of compliance under 40 CFR 
part 61, or the owner or operator has requested an extension of 
compliance under 40 CFR part 63 or a waiver of compliance under 40 CFR 
part 61, and the Administrator is still considering that request.
    (3) 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 notification is given to the owner 
or operator of the source.
    (c) Performance tests and flare compliance determinations schedule.
    (1) Unless a waiver of performance testing or flare compliance 
determination is obtained under this section or the conditions of 
another subpart of this part, the owner or operator shall perform such 
tests specified in paragraphs (c)(1)(i) through (c)(1)(vii) of this 
section.
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial startup date before the effective 
date of that standard; or
    (ii) Within 180 days after initial startup for a new source that 
has an initial startup date after the effective date of a relevant 
standard; or
    (iii) Within 180 days after the compliance date specified in a 
referencing subpart for an existing source or within 180 days after 
startup of an existing source if the source begins operation after the 
effective date of the relevant 40 CFR part 63 emission standard; or
    (iv) Within 180 days after the compliance date for an existing 
source subject to an emission standard established pursuant to section 
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's 
extension of compliance or a waiver of compliance for an existing 
source that obtains an extension of compliance under 40 CFR 63.6(i) of 
subpart A or a waiver of compliance under 40 CFR 61.11 of subpart A; or
    (vi) Within 180 days after the compliance date for a new source, 
subject to an emission standard established pursuant to section 112(f) 
of the Act, for which construction or reconstruction is commenced after 
the proposal date of a relevant standard

[[Page 57865]]

established pursuant to section 112(d) of the Act but before the 
proposal date of the relevant standard established pursuant to section 
112(f) [see 40 CFR 63.6(b)(4) of subpart A]; or
    (vii) When an emission standard promulgated under part 63 is more 
stringent than the standard that was proposed [see 40 CFR 63.6(b)(3) of 
subpart A], the owner or operator of a new or reconstructed source 
subject to that standard for which construction or reconstruction is 
commenced between the proposal and promulgation dates of the standard 
shall comply with performance testing requirements within 180 days 
after the standard's effective date or within 180 days after startup of 
the source, whichever is later. If the promulgated standard is more 
stringent than the proposed standard, the owner or operator may choose 
to demonstrate compliance with either the proposed or the promulgated 
standard. If the owner or operator chooses to comply with the proposed 
standard initially, the owner or operator shall conduct a second 
performance test within 3 years and 180 days after the effective date 
of the standard, or after startup of the source, whichever is later, to 
demonstrate compliance with the promulgated standard.
    (2) The Administrator may require an owner or operator to conduct 
performance tests and compliance determinations at the regulated source 
at any time when the action is authorized by section 114 of the Act.
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new regulated source and, at the 
request of the Administrator, the owner or operator of each existing 
regulated source, shall provide performance testing facilities as 
specified in paragraphs (d)(1) through (d)(5) of this section.
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes, as applicable, the requirements specified in 
paragraphs (d)(1)(i) and (d)(1)(ii) of this section.
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests as demonstrated by applicable test methods and 
procedures.
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.


Sec. 65.158  Performance test procedures for control devices.

    (a) General procedures. Where Secs. 65.145 through 65.155 require 
or the owner or operator elects to conduct a performance test of a 
control device or a halogen reduction device, an owner or operator 
shall follow the requirements of paragraphs (a)(1) through (a)(3) of 
this section, as applicable.
    (1) Performance tests shall be conducted at maximum representative 
operating conditions for the process unless the Administrator specifies 
or approves alternate operating conditions. During the performance 
test, an owner or operator may operate the control or halogen reduction 
device at maximum or minimum representative operating conditions for 
monitored control or halogen reduction device parameters, whichever 
results in lower emission reduction. Operations during periods of 
startup, shutdown, and malfunction shall not constitute representative 
conditions for the purpose of a performance test.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
subpart, in each relevant standard, and, if required, in applicable 
appendices of 40 CFR parts 51, 60, 61, and 63 unless the Administrator 
allows revisions to the test methods as specified in one or more of the 
paragraphs (a)(2)(i) through (a)(2)(v) of this section.
    (i) The Administrator specifies or approves, in specific cases, the 
use of a test method with minor changes in methodology; or
    (ii) The Administrator approves the use of an alternative test 
method, the results of which the Administrator has determined to be 
adequate for indicating whether a specific regulated source is in 
compliance. The alternative method or data shall be validated using the 
applicable procedures of Method 301 of appendix A of 40 CFR part 63; or
    (iii) The Administrator approves shorter sampling times and smaller 
sample volumes when necessitated by process variables or other factors; 
or
    (iv) The Administrator waives the requirement for the performance 
test as provided in Sec. 65.157(b)(2) because the owner or operator of 
a regulated source has demonstrated by other means to the 
Administrator's satisfaction that the regulated source is in compliance 
with the relevant standard; or
    (v) The Administrator approves the use of an equivalent method.
    (3) Each performance test shall consist of three separate runs 
using the applicable test method. Except as provided in paragraphs 
(a)(3)(i) and (a)(3)(ii) of this section, each run shall be conducted 
for at least 1 hour and under the conditions specified in this section. 
For the purpose of determining compliance with an applicable standard, 
the arithmetic mean of results of the three runs shall apply. In the 
event that a sample is accidentally lost or conditions occur in which 
one of the three runs must be discontinued because of forced shutdown, 
failure of an irreplaceable portion of the sample train, extreme 
meteorological conditions, or other circumstances beyond the owner or 
operator's control, compliance may, upon the Administrator's approval, 
be determined using the arithmetic mean of the results of the two other 
runs.
    (i) For control devices that are used to control emissions from 
transfer racks (except low-throughput transfer racks), and that are 
capable of continuous vapor processing but do not handle continuous 
emissions or emissions from transfer racks that load simultaneously 
from multiple loading arms each run shall represent at least one 
complete tank truck or tank car loading period during which regulated 
materials are loaded, and samples shall be collected using integrated 
sampling or grab samples taken at least four times per hour at 
approximately equal intervals of time, such as 15-minute intervals.
    (ii) For intermittent vapor processing systems used for controlling 
transfer rack emissions (except low-throughput transfer racks) that do 
not handle continuous emissions or multiple loading arms of a transfer 
rack that load simultaneously, each run shall represent at least one 
complete control device cycle, and samples shall be collected using 
integrated sampling or grab samples taken at least four times per hour 
at approximately equal intervals of time, such as 15-minute intervals.
    (b) Test methods. Where Secs. 65.145 through 65.155 require or the 
owner or operator elects to conduct a performance test of a control 
device or a halogen reduction device, an owner or operator shall 
conduct that performance test using the procedures in paragraphs (b)(1) 
through (b)(4) of this section, as applicable. The regulated material 
concentration and percent reduction may be measured as either total 
regulated material or as TOC minus methane and ethane according to the 
procedures specified.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.

[[Page 57866]]

    (i) For determination of compliance with a percent reduction 
requirement of total regulated material or TOC, sampling sites shall be 
located at the inlet of the control device as specified in paragraphs 
(b)(1)(i)(A) and (b)(1)(i)(B) of this section and at the outlet of the 
control device.
    (A) For process vents, the control device inlet sampling site shall 
be located after the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts (150 million British thermal units per hour), 
selection of the location of the inlet sampling sites shall ensure the 
measurement of total regulated material or TOC (minus methane and 
ethane) concentrations, as applicable, in all vent streams and primary 
and secondary fuels introduced into the boiler or process heater.
    (ii) For determination of compliance with the 20 parts per million 
by volume total regulated material or TOC limit in Sec. 65.63(a)(2) of 
subpart D of this part, Sec. 65.83(a)(1) of subpart E of this part, and 
40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD, the sampling site shall be 
located at the outlet of the control device.
    (2) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total regulated material or TOC (minus methane and ethane) limit, the 
owner or operator shall use Method 18 of 40 CFR part 60, appendix A, to 
measure either TOC minus methane and ethane or total regulated 
material, as applicable. Alternatively, any other method or data that 
have been validated according to the applicable procedures in Method 
301 of appendix A of 40 CFR part 63, may be used. Method 25A may be 
used for transfer racks as detailed in paragraph (b)(3)(iv) of this 
section. The procedures specified in paragraphs (b)(3)(i) through 
(b)(3)(iv) of this section shall be used to calculate parts per million 
by volume concentration, corrected to 3 percent oxygen.
    (i) Except as provided in paragraphs (a)(3)(i) and (a)(3)(ii) of 
this section, the minimum sampling time for each run shall be 1 hour in 
which either an integrated sample or a minimum of 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 or ethane) or 
total regulated material shall be calculated according to paragraph 
(b)(3)(ii)(A) or (b)(3)(ii)(B) of this section.
    (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 equation 158-1.
[GRAPHIC] [TIFF OMITTED] TP28OC98.010

Where:

C<INF>REG</INF>, or
C<INF>TOC</INF> = Concentration of total regulated material or 
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 components j of sample i, dry 
basis, parts per million by volume.

    (B) The total regulated material (C<INF>REG</INF>) shall be 
computed according to equation 158-1 except that only the regulated 
species shall be summed. Where the regulated material is organic HAP's, 
the list of organic HAP's provided in table 2 of 40 CFR part 63, 
subpart F, shall be used.
    (iii) The concentration of TOC or total regulated material, as 
applicable, shall be corrected to 3 percent oxygen if a combustion 
device is the control device.
    (A) The emission rate correction factor (or excess air) integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A, shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the regulated material or 
organic compound samples, and the samples shall be taken during the 
same time that the regulated material or organic compound samples are 
taken.
    (B) The concentration corrected to 3 percent oxygen (C<INF>c</INF>) 
shall be computed using equation 158-2.
[GRAPHIC] [TIFF OMITTED] TP28OC98.011

Where:

C<INF>c</INF> = Concentration of TOC or regulated material corrected to 
3 percent oxygen, dry basis, parts per million by volume.
C<INF>m</INF> = Concentration of TOC (minus methane and ethane) or 
regulated material, dry basis, parts per million by volume.
%O2<INF>d</INF> = Concentration of oxygen, dry basis, percentage by 
volume.

    (iv) Method 25A of 40 CFR part 60, appendix A may be used for the 
purpose of determining compliance with the 20 parts per million by 
volume limit specified in Sec. 65.83(a)(1) of subpart E of this part 
for transfer racks. If Method 25A of 40 CFR part 60, appendix A is 
used, the procedures specified in paragraphs (b)(3)(iv)(A) through 
(b)(3)(iv)(D) of this section shall be used to calculate the 
concentration of organic compounds (C<INF>TOC</INF>).
    (A) The principal organic HAP in the vent stream shall be used as 
the calibration gas.
    (B) The span value for Method 25A of 40 CFR part 60, appendix A, 
shall be between 1.5 and 2.5 times the concentration being measured.
    (C) 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.
    (D) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (b)(3)(iii) of this 
section.
    (4) To determine compliance with a percent reduction requirement, 
the owner or operator shall use Method 18 of 40 CFR part 60, appendix 
A; alternatively, any other method or data that have been validated 
according to the applicable procedures in Method 301 of appendix A of 
40 CFR part 63 may be used. Method 25A of 40 CFR part 60, appendix A 
may be used for transfer racks as detailed in paragraph (b)(4)(v) of 
this section. Procedures specified in paragraphs (b)(4)(i) through 
(b)(4)(v) of this section shall be used to calculate percent reduction 
efficiency.
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of 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 mass rate of either TOC (minus methane and ethane) or 
total regulated material (E<INF>i</INF>, E<INF>o</INF>) shall be 
computed as applicable.
    (A) Equations 158-3 and 158-4 shall be used.
    [GRAPHIC] [TIFF OMITTED] TP28OC98.012
    

[[Page 57867]]

[GRAPHIC] [TIFF OMITTED] TP28OC98.013


Where:

E<INF>i</INF>, E<INF>o</INF> = 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 at the inlet and outlet of the control 
device, respectively, dry basis, kilogram per hour.
K<INF>2</INF> = Constant, 2.494  x  10<SUP>-6</SUP> (parts per 
million)<SUP>-1</SUP> (gram-mole per standard cubic meter) (kilogram 
per gram) (minute per hour), where standard temperature (gram-mole per 
standard cubic meter) is 20  deg.C.
n = Number of components in the sample.
C<INF>ij</INF>, C<INF>oj</INF> = Concentration on a dry basis of 
organic compound j in parts per million by volume of the gas stream at 
the inlet and outlet of the control device, respectively. If the TOC 
emission rate is being calculated, C<INF>ij</INF> and C<INF>oj</INF> 
include all organic compounds measured minus methane and ethane; if the 
total organic HAP emissions rate is being calculated, only organic HAP 
are included.
M<INF>ij</INF>, M<INF>oj</INF> = Molecular weight of organic compound 
j, gram per gram-mole, of the gas stream at the inlet and outlet of the 
control device, respectively.
Q<INF>i</INF>, Q<INF>o</INF> = Process vent flow rate, dry standard 
cubic meter per minute, at a temperature of 20  deg.C, at the inlet and 
outlet of the control device, respectively.

    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of 40 CFR 
part 60, appendix A, are summed using equations 158-3 and 158-4.
    (C) Where the mass rate of total regulated material is being 
calculated, only the species comprising the regulated material shall be 
summed using equations 158-3 and 158-4. Where the regulated material is 
organic HAP's, the list of organic HAP's provided in table 2 of 40 CFR 
part 63, subpart F, shall be used.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total regulated material shall be calculated using equation 158-5.
[GRAPHIC] [TIFF OMITTED] TP28OC98.014

Where:

R = Control efficiency of control device, percent.
E<INF>i</INF>=Mass rate of TOC (minus methane and ethane) or total 
regulated material at the inlet to the control device as calculated 
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or 
kilograms regulated material per hour.
E<INF>o</INF>=Mass rate of TOC (minus methane and ethane) or total 
regulated material at the outlet of the control device, as calculated 
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or 
kilograms total regulated material per hour.

    (iv) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts (150 million British thermal 
units) is introduced with the combustion air or as a secondary fuel, 
the weight-percent reduction of total regulated material or TOC (minus 
methane and ethane) across the device shall be determined by comparing 
the TOC (minus methane and ethane) or total regulated material in all 
combusted vent streams and primary and secondary fuels with the TOC 
(minus methane and ethane) or total regulated material exiting the 
combustion device, respectively.
    (v) Method 25A of 40 CFR part 60, appendix A, may also be used for 
the purpose of determining compliance with the percent reduction 
requirement for transfer racks.
    (A) If Method 25A of 40 CFR part 60, appendix A, is used to measure 
the concentration of organic compounds (C<INF>TOC</INF>), the principal 
regulated material in the vent stream shall be used as the calibration 
gas.
    (B) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.
    (C) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (D) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using equation 158-6.

M<INF>j</INF>=F k V<INF>s</INF> C<INF>t</INF>    (158-6)

Where:

M<INF>j</INF>=Mass of organic compounds emitted during testing interval 
j, kilograms.
F=10<SUP>-6</SUP> = Conversion factor, (cubic meters regulated material 
per cubic meters air) * (parts per million by volume)<SUP>-</SUP>1.
K=Density, kilograms per standard cubic meter regulated material.
=659 kilograms per standard cubic meter regulated material. (Note: The 
density term cancels out when the percent reduction is calculated. 
Therefore, the density used has no effect. The density of hexane is 
given so that it can be used to maintain the units of Mj.)
V<INF>s</INF>=Volume of air-vapor mixture exhausted at standard 
conditions, 20  deg.C and 760 millimeters of mercury (30 inches of 
mercury), standard cubic meters.
C<INF>t</INF>=Total concentration of organic compounds (as measured) at 
the exhaust vent, parts per million by volume, dry basis.

    (E) The organic compound mass emission rates at the inlet and 
outlet of the control device shall be calculated as follows: where:
[GRAPHIC] [TIFF OMITTED] TP28OC98.015

[GRAPHIC] [TIFF OMITTED] TP28OC98.016

Where:

E<INF>i</INF>, E<INF>o</INF>=Mass flow rate of organic compounds at the 
inlet (i) and outlet (o) of the control device, kilograms per hour.
n=Number of testing intervals.
M<INF>ij</INF>, M<INF>oj</INF>=Mass of organic compounds at the inlet 
(i) or outlet (o) during testing interval j, kilograms.
T=Total time of all testing intervals, hours.

    (c) Halogen test method. An owner or operator using a halogen 
scrubber or other halogen reduction device to control halogenated vent 
streams in compliance with Sec. 65.63(b)(1) of subpart D of this part 
for process vents or Sec. 65.83(b)(1) of subpart E of this part for 
transfer racks, who is required to conduct a performance test to 
determine compliance with the control efficiency or emission limits for 
hydrogen halides and halogens, as specified in Sec. 65.154(b)(1) shall 
follow the procedures specified in paragraphs (c)(1) through (c)(4) of 
this section.
    (1) For an owner or operator determining compliance with the 
percent reduction of total hydrogen halides and halogens, sampling 
sites shall be located at the inlet and outlet of the scrubber or other 
halogen reduction device used to reduce halogen emissions. For an owner 
or operator determining compliance with the less than 0.45 kilogram per 
hour (0.99 pounds per hour) outlet emission limit for total hydrogen 
halides and halogens,

[[Page 57868]]

the sampling site shall be located at the outlet of the scrubber or 
other halogen reduction device and prior to any releases to the 
atmosphere.
    (2) Except as provided in paragraph (a)(2) of this section, Method 
26 or Method 26A of 40 CFR part 60, appendix A, shall be used to 
determine the concentration, in milligrams per dry standard cubic 
meter, of total hydrogen halides and halogens that may be present in 
the vent stream. The mass emissions of each hydrogen halide and halogen 
compound shall be calculated from the measured concentrations and the 
gas stream flow rate.
    (3) To determine compliance with the percent removal efficiency, 
the mass emissions for any hydrogen halides and halogens present at the 
inlet of the halogen reduction device shall be summed together. The 
mass emissions of the compounds present at the outlet of the scrubber 
or other halogen reduction device shall be summed together. Percent 
reduction shall be determined by comparison of the summed inlet and 
outlet measurements.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour (0.99 pound per hour) outlet emission limit, the test results must 
show that the mass emission rate of total hydrogen halides and halogens 
measured at the outlet of the scrubber or other halogen reduction 
device is below 0.45 kilogram per hour (0.99 pound per hour).


Sec. 65.159  Flare compliance determination and monitoring records.

    (a) Conditions of flare compliance determination records. Upon 
request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of flare compliance determinations performed pursuant to 
Sec. 65.147(b).
    (b) Flare compliance determination records. When using a flare to 
comply with this subpart, record the information specified in 
paragraphs (b)(1) through (b)(3) of this section for each flare 
compliance determination performed pursuant to Sec. 65.147(b). As 
specified in Sec. 65.164(a)(1), the owner or operator shall include 
this information in the flare compliance determination report.
    (1) Flare design (i.e., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the flare compliance determination; and
    (3) All periods during the flare compliance determination when all 
pilot flames are absent or, if only the flare flame is monitored, all 
periods when the flare flame is absent.
    (c) Monitoring records. Each owner or operator shall keep up to 
date and readily accessible hourly records of whether the flare flame 
or pilot flame monitors are continuously operating and whether the 
flare flame or at least one pilot flame is continuously present. For 
transfer racks, hourly records are required only while the transfer 
vent stream is being vented.
    (d) Compliance records. (1) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame and all the pilot flames are absent. This record shall be 
submitted in the periodic reports as specified in Sec. 65.166(c).
    (2) Each owner or operator shall keep records of the times and 
durations of all periods during which the flare flame or pilot flame 
monitors are not operating.


Sec. 65.160  Performance test and TRE index value determination 
records.

    (a) Availability of performance tests records. Upon request, the 
owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests performed pursuant to Sec. 65.148(b), Sec. 65.149(b), 
Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or 
Sec. 65.155(b).
    (b) Nonflare control device and halogen reduction device 
performance test records. Each owner or operator subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
records of the data specified in paragraphs (b)(1) through (b)(3) of 
this section, as applicable, measured during each performance test 
performed pursuant to Sec. 65.148(b), Sec. 65.149(b), Sec. 65.150(b), 
Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or Sec. 65.155(b), and 
also include that data in the Initial Compliance Status Report as 
specified in Sec. 65.164(a). The same data specified in paragraphs 
(b)(1) through (b)(3) of this section, as applicable, shall be 
submitted in the reports of all subsequently required performance tests 
where either the emission control efficiency of a nonflare control 
device or the outlet concentration of TOC or regulated material is 
determined.
    (1) Nonflare combustion device. Where an owner or operator subject 
to the provisions of paragraph (b) of this section seeks to demonstrate 
compliance with a percent reduction requirement or a parts per million 
by volume requirement using a nonflare combustion device, the 
information specified in paragraphs (b)(1)(i) through (b)(1)(vi) of 
this section shall be recorded.
    (i) For thermal incinerators, record the fire box temperature 
averaged over the full period of the performance test.
    (ii) For catalytic incinerators, record the upstream and downstream 
temperatures and the temperature difference across the catalyst bed 
averaged over the full period of the performance test.
    (iii) For an incinerator, record the percent reduction of regulated 
material or TOC achieved by the incinerator determined as specified in 
Sec. 65.158(b)(4), as applicable, or the concentration of regulated 
material or TOC (parts per million by volume, by compound) determined 
as specified in Sec. 65.158(b)(3) at the outlet of the incinerator.
    (iv) For a boiler or process heater, record a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.
    (v) For boilers or process heaters with a design heat input 
capacity less than 44 megawatts (150 British thermal units per hour) 
and where the vent stream is not introduced with or as the primary 
fuel, record the fire box temperature averaged over the full period of 
the performance test.
    (vi) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts (150 British thermal units per hour) 
and where the process vent stream is introduced with combustion air or 
used as a secondary fuel and is not mixed with the primary fuel, record 
the percent reduction of regulated material or TOC, or the 
concentration of regulated material or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 65.158(b)(3) at 
the outlet of the combustion device.
    (2) Other nonflare control devices. Where an owner or operator 
seeks to use an absorber, condenser, or carbon adsorber as a control 
device, the information specified in paragraphs (b)(2)(i) through 
(b)(2)(v) shall be recorded, as applicable.
    (i) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
measured at least every 15 minutes and averaged over the same time 
period as the performance test (both measured while the vent stream is 
normally routed and constituted); or
    (ii) Where a condenser is used as the control device, the average 
exit (product side) temperature measured at least every 15 minutes and 
averaged over the same time period as the performance test while the 
vent stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is used as the control device, the 
total regeneration stream mass flow during

[[Page 57869]]

each carbon-bed regeneration cycle during the period of the performance 
test measured at least every 15 minutes and averaged over the same time 
period as the performance test (full carbon-bed cycle), and temperature 
of the carbon-bed after each regeneration during the period of the 
performance test (and within 15 minutes of completion of any cooling 
cycle or cycles); or
    (iv) As an alternative to paragraph (b)(2)(i), (b)(2)(ii), or 
(b)(2)(iii) of this section, the concentration level or reading 
indicated by the organics monitoring device at the outlet of the 
absorber, condenser, or carbon adsorber measured at least every 15 
minutes and averaged over the same time period as the performance test 
while the vent stream is normally routed and constituted.
    (v) For an absorber, condenser, or carbon adsorber used as a 
control device, the percent reduction of regulated material or TOC 
achieved by the control device determined as specified in 
Sec. 65.158(b)(4), or the concentration of regulated material or TOC 
(parts per million by volume, by compound) determined as specified in 
Sec. 65.158(b)(3) at the outlet of the control device.
    (3) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated vent stream, record the 
information specified in paragraphs (b)(3)(i) through (b)(3)(iii) of 
this section.
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 65.158(c).
    (ii) The pH of the scrubber effluent averaged over the time period 
of the performance test; and
    (iii) The scrubber liquid-to-gas ratio averaged over the time 
period of the performance test.
    (c) Recovery device monitoring records during the TRE index value 
determination. For Group 2A process vents, the records specified in 
paragraph (c)(1) through (c)(5) of this section, as applicable, shall 
be maintained and they shall be reported as specified in 
Sec. 65.164(a)(3).
    (1) Where an absorber is the final recovery device in the recovery 
system, the exit specific gravity and average exit temperature of the 
absorbing liquid measured at least every 15 minutes and averaged over 
the same time period as the TRE index value determination (both 
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature measured at least 
every 15 minutes and averaged over the same time period as the TRE 
index value determination while the vent stream is routed and 
constituted normally; or
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow measured at 
least every 15 minutes and averaged over the same time during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and temperature of the carbon-bed after each 
regeneration during the period of the TRE index value determination 
(and within 15 minutes of completion of any cooling cycle or cycles); 
or
    (4) As an alternative to paragraph (c)(1), (c)(2), or (c)(3) of 
this section, the concentration level or reading indicated by an 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber measured at least every 15 minutes and averaged over 
the same time period as the TRE index value determination while the 
vent stream is normally routed and constituted.
    (5) All measurements and calculations performed to determine the 
TRE index value of the vent stream as specified in Sec. 65.64(h) of 
subpart D of this part.
    (d) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures as specified 
in Sec. 65.63(b) of subpart D of this part or Sec. 65.83(b) of subpart 
E of this part. Submit this record in the Initial Compliance Status 
Report, as specified in Sec. 65.165(d).


Sec. 65.161  Continuous records and monitoring system data handling.

    (a) Required records. Where this subpart requires a monitoring 
device capable of providing a continuous record, the owner or operator 
shall maintain the record specified in paragraph (a)(1), (a)(2), 
(a)(3), or (a)(4) of this section, as applicable. The provisions of 
this section apply to owners and operators of storage vessels and low-
throughput transfer racks only if specified by the applicable 
monitoring plan established under Sec. 65.165(c)(1) and (c)(2).
    (1) A record of values measured at least once every 15 minutes or 
each measured value for systems that measure more frequently than once 
every 15 minutes; or
    (2) A record of block average values for 15-minute or shorter 
periods calculated from all measured data values during each period or 
from at least one measured data value per minute if measured more 
frequently than once per minute; or
    (3) A record of block hourly average values calculated from each 
15-minute block average period or from at least one measured value per 
minute if measured more frequently than once per minute, and a record 
of the most recent 3 valid hours of continuous (15-minute or shorter) 
records meeting the requirements of paragraph (a)(1) or (a)(2) of this 
section.
    (4) A record as required by an alternative approved under 
Sec. 65.162(d).
    (b) Excluded data. Monitoring data recorded during periods 
identified in paragraphs (b)(1) through (b)(3) of this section shall 
not be included in any average computed to determine compliance under 
this subpart.
    (1) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (2) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (3) Startups, shutdowns, and malfunctions.
    (c) Additional records. In addition to the records specified in 
paragraph (a) of this section, owners or operators shall also keep 
records as specified in paragraphs (c)(1) and (c)(2) of this section 
unless an alternative monitoring or recordkeeping system has been 
requested and approved under Sec. 65.162(d).
    (1) Except as specified in paragraph (c)(2) of this section, daily 
average values of each continuously monitored parameter shall be 
calculated from data meeting the specifications of paragraph (b) of 
this section for each operating day and retained for 5 years. The data 
shall be reported in the periodic report as specified in 
Sec. 65.166(f), if applicable.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per operating day if operation is not 
continuous (for example, for transfer racks, the average shall cover 
periods of loading). If values are measured more frequently than once 
per minute, a single value for each minute may be used to calculate the 
daily average instead of all measured values.
    (ii) The operating day shall be the period defined in the operating 
permit or the Initial Compliance Status Report. It may be from midnight 
to midnight or another daily period.
    (2) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Initial 
Compliance Status Report or in the operating permit, the owner or 
operator may record that

[[Page 57870]]

all values were within the range and retain this record for 5 years 
rather than calculating and recording a daily average for that 
operating day.
    (d) Valid data. Unless determined to be excluded data according to 
paragraph (b) of this section, the data collected pursuant to 
paragraphs (a) through (c) of this section shall be considered valid.
    (e) Alternative recordkeeping. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements in paragraph (e)(1) or (e)(2) of this 
section as alternatives to the continuous parameter monitoring and 
recordkeeping provisions listed in paragraphs (a) through (c) of this 
section. The owner or operator shall retain each record required by 
paragraph (e)(1) or (e)(2) of this section as provided in Sec. 65.4 of 
subpart A of this part.
    (1) The owner or operator may retain only the daily average value 
and is not required to retain more frequently monitored operating 
parameter values for a monitored parameter with respect to an item of 
equipment if the requirements of paragraphs (e)(1)(i) through 
(e)(1)(vi) of this section are met. The owner or operator shall notify 
the Administrator of implementation of paragraph (e)(1) of this section 
in the Initial Compliance Status Report as required in Sec. 65.165(e) 
or, if the Initial Compliance Status Report has already been submitted, 
in the periodic report as required in Sec. 65.166(f)(4) immediately 
preceding implementation of the requirements of paragraph (e)(1) of 
this section.
    (i) The monitoring system shall be capable of detecting unrealistic 
or impossible data during periods of operation other than startups, 
shutdowns, or malfunctions (for example, a temperature reading of -200 
deg.C on a boiler) and will alert the operator by alarm or other means. 
The owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single 
occurrence.
    (ii) The monitoring system shall generate a running average of the 
monitoring values, updated at least hourly throughout each operating 
day, that have been obtained during that operating day, and the 
capability to observe this average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this section. All 
instances in an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits; and
    (B) The running average is based on at least six 1-hour average 
values; and
    (C) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (iii) The monitoring system shall be capable of detecting 
unchanging data during periods of operation other than startups, 
shutdowns, or malfunctions except in circumstances where the presence 
of unchanging data is the expected operating condition based on past 
experience (for example, pH in some scrubbers), and will alert the 
operator by alarm or other means. The owner or operator shall record 
the occurrence. All instances of the alarm or other alert in an 
operating day constitute a single occurrence.
    (iv) The monitoring system shall alert the owner or operator by an 
alarm if the running average parameter value calculated under paragraph 
(e)(1)(ii) of this section reaches a set point that is appropriately 
related to the established limit for the parameter that is being 
monitored.
    (v) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraph (e)(1) of this section, at the times 
specified in paragraphs (e)(1)(v)(A) through (e)(1)(v)(C) of this 
section. The owner or operator shall document that the required 
verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, that might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section.
    (A) Identification of each parameter for each item of equipment for 
which the owner or operator has elected to comply with the requirements 
of Sec. 65.162(e).
    (B) A description of the applicable monitoring system(s) and of how 
compliance will be achieved with each requirement of paragraph 
(e)(1)(i) through (e)(1)(v) of this section. The description shall 
identify the location and format (for example, on-line storage; log 
entries) for each required record. If the description changes, the 
owner or operator shall retain both the current and the most recent 
outdated description. Owners and operators shall retain the current 
description of the monitoring system as long as the description is 
current, but not less than 5 years from the date of its creation. The 
current description shall be retained on-site at all times or be 
accessible from a central location by computer or other means that 
provide access within 2 hours after a request. The owner or operator 
shall retain the most recent outdated description at least until 5 
years from the date of its creation. The outdated description shall be 
retained on-site (or accessible from a central location by computer 
that provides access within 2 hours after a request) at least 6 months 
after being outdated. Thereafter, the outdated description may be 
stored off-site.
    (C) A description and the date of any change to the monitoring 
system that would reasonably be expected to affect its ability to 
comply with the requirements of paragraph (e)(1) of this section.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (e)(1) of this section and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (e)(2)(iv) of this section, the owner or operator is no 
longer required to record the daily average value for that parameter 
for that unit of equipment for any operating day when the daily average 
value is less than the maximum or greater than the minimum established 
limit. With approval by the Administrator, monitoring data generated 
prior to the compliance date of this subpart shall be credited toward 
the period of 6 consecutive months if the parameter limit and the 
monitoring were required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the 
next periodic report. The notification shall identify the parameter and 
unit of equipment.
    (ii) If there is an excursion as defined in paragraph (e)(2)(iv) of 
this section on any operating day after the owner or operator has 
ceased recording daily averages as provided in paragraph (e)(2) of this 
section, the owner or operator shall immediately resume retaining the 
daily average value for each day and shall notify the Administrator in 
the next periodic report. The owner or operator shall continue to 
retain each daily average value until another period of 6 consecutive 
months has passed without an excursion.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (e)(1)(i) through (e)(1)(vi) of this section for the 
duration specified in Sec. 65.4 of subpart A of this part. For any 
calendar

[[Page 57871]]

week, if compliance with paragraphs (e)(1)(i) through (e)(1)(iv) of 
this section does not result in retention of a record of at least one 
occurrence or measured parameter value, the owner or operator shall 
record and retain at least one parameter value during a period of 
operation other than a startup, shutdown, or malfunction.
    (iv) For purposes of paragraph (e) of this section, an excursion 
means that the daily average value of monitoring data for a parameter 
is greater than the maximum or less than the minimum established value 
except as provided in paragraphs (e)(2)(iv)(A) and (e)(2)(iv)(B) of 
this section.
    (A) The daily average value during any startup, shutdown, or 
malfunction shall not be considered an excursion for purposes of 
paragraph (e) if the owner or operator follows the applicable 
provisions of the startup, shutdown, and malfunction plan required by 
Sec. 65.6 of subpart A of this part.
    (B) An excused excursion as described in Sec. 65.156(d) shall not 
be considered an excursion for purposes of paragraph (e) of this 
section.


Sec. 65.162  Nonflare control and recovery device monitoring records.

    (a) Monitoring system records. For process vents and transfer racks 
(except low-throughput transfer racks), the owner or operator subject 
to this subpart shall keep the records specified in paragraph (a) of 
this section as well as records specified elsewhere in this part.
    (1) For CPMS's used to comply with this part, a record of the 
procedure used for calibrating the CPMS.
    (2) For a CPMS used to comply with this subpart, records of the 
information specified in paragraphs (a)(2)(i) through (a)(2)(v) of this 
section, as applicable.
    (i) The date and time of completion of calibration and preventive 
maintenance of the CPMS.
    (ii) The ``as found'' and ``as left'' CPMS readings whenever an 
adjustment is made that affects the CPMS reading and a ``no 
adjustment'' statement otherwise.
    (iii) The start time and duration or start and stop time of any 
periods when the CPMS is inoperative or malfunctioning.
    (iv) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of CPMS used to comply with this part during 
which excess emissions (as defined in Sec. 65.3(a)(4) of subpart A of 
this part occur.
    (v) For each startup, shutdown, and malfunction during which excess 
emissions as defined in Sec. 65.3(b)(4) of subpart A of this part 
occur, records whether the procedures specified in the source's 
startup, shutdown, and malfunction plan were followed and documentation 
of actions taken that are not consistent with the plan. These records 
may take the form of a checklist, or other form of recordkeeping that 
confirms conformance with the startup, shutdown, and malfunction plan 
for the event.
    (3) Records of startup, shutdown, and malfunction and CPMS 
calibration and maintenance are not required if they pertain solely to 
Group 2A process vents.
    (b) Combustion control and halogen reduction device monitoring 
records.  (1) Each owner or operator using a combustion control or 
halogen reduction device to comply with this subpart shall keep, as 
applicable, up to date and readily accessible continuous records, as 
specified in Sec. 65.161(a); and records of the equipment operating 
parameters specified to be monitored under Sec. 65.148(c) (incinerator 
monitoring), Sec. 65.149(c) (boiler and process heater monitoring), 
Sec. 65.154(c) (halogen reduction device monitoring), Sec. 65.155(c) 
(other control device monitoring), or specified by the Administrator in 
accordance with paragraph (e) of this section.
    (2) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in Sec. 65.161(c)(1). 
For catalytic incinerators, record the daily average of the temperature 
upstream of the catalyst bed and the daily average of the temperature 
differential across the bed. For halogen scrubbers, record the daily 
average pH and the liquid-to-gas ratio.
    (3) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded and report 
these exceedances as specified in Sec. 65.166(f)(1). The parameter 
boundaries are established pursuant to Sec. 65.148(c)(2) (incinerator 
monitoring), Sec. 65.149(c)(2) (boiler and process heater monitoring), 
Sec. 65.154(c)(2) (halogen reduction device monitoring), or 
Sec. 65.155(c)(2) (other control device monitoring), as applicable.
    (c) Monitoring records for recovery devices on Group 2A process 
vents and for absorbers, condensers, carbon adsorbers, or other 
noncombustion systems used as control devices.  (1) Each owner or 
operator using a recovery device to achieve and maintain a TRE index 
value greater than 1.0 but less than 4.0 or using an absorber, 
condenser, carbon adsorber, or other noncombustion system as a control 
device shall keep readily accessible, continuous records, as specified 
in Sec. 65.161(a), of the equipment operating parameters specified to 
be monitored under Sec. 65.150(c) (absorber monitoring), Sec. 65.151(c) 
(condenser monitoring), Sec. 65.152(c) (carbon adsorber monitoring), 
Sec. 65.153(c) (recovery device monitoring) or Sec. 65.155(c) (other 
control device monitoring), or specified by the Administrator in 
accordance with paragraph (e) of this section. For transfer racks, 
continuous records are required while the transfer vent stream is being 
vented.
    (2) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in Sec. 65.161(c)(1). 
If carbon adsorber regeneration stream flow and carbon bed regeneration 
temperature are monitored, the records specified in paragraphs 
(c)(2)(i) and (c)(2)(ii) of this section shall be kept instead of the 
daily averages and the records shall be reported as specified in 
Sec. 65.166(f)(2).
    (i) Records of total regeneration stream mass or volumetric flow 
for each carbon-bed regeneration cycle.
    (ii) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (3) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded and report 
these exceedances as specified in Sec. 65.166(f)(1). The parameter 
boundaries are established pursuant to Sec. 65.150(c)(2) (absorber 
monitoring), Sec. 65.151(c)(2) (condenser monitoring), 
Sec. 65.152(c)(2) (carbon adsorber monitoring), or Sec. 65.155(c)(2) 
(other control device monitoring), as applicable.
    (d) Alternatives to the continuous operating parameter monitoring 
and recordkeeping provisions. An owner or operator may request approval 
to use alternatives to the continuous operating parameter monitoring 
and recordkeeping provisions listed in Secs. 65.148(c), 65.149(c), 
65.150(c), 65.151(c), 65.152(c), 65.153(c), 65.154(c), 65.160, and 
paragraphs (b) and (c) of this section.
    (1) Requests shall be included in the operating permit application 
or as otherwise specified by the permitting authority and shall contain 
the information specified in paragraphs (d)(3) through (d)(5) of this 
section, as applicable.

[[Page 57872]]

    (2) The provisions in Sec. 65.7(c) of subpart A of this part shall 
govern the review and approval of requests.
    (3) An owner or operator of a source that does not have an 
automated monitoring and recording system capable of measuring 
parameter values at least once every 15 minutes and generating 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently 
than once per hour. Daily average values shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain the information specified in 
paragraphs (d)(3)(ii)(A) through (d)(3)(ii)(D) of this section:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the source does not have an automated 
monitoring and recording system capable of meeting the specified 
requirements;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control device 
operating conditions considering typical variability of the specific 
process and control device operating parameter being monitored.
    (4) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values.
    (i) The requested system shall be designed to perform the functions 
specified in paragraphs (d)(4)(i)(A) through (d)(4)(i)(E) of this 
section.
    (A) Measure the operating parameter value at least once every 15 
minutes.
    (B) Record at least four values each hour during periods of 
operation.
    (C) Record the date and time when monitors are turned off or on.
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (E) Compute daily average values of the monitored operating 
parameter based on recorded data. If the daily average is not an 
excursion as defined in Sec. 65.161(e)(2)(iv), the data for that 
operating day may be converted to hourly average values and the four or 
more individual records for each hour in the operating day may be 
discarded.
    (ii) The request shall contain a description of the monitoring 
system and data compression recording system, including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating averages, and a demonstration that the system 
meets all criteria in paragraph (d)(4)(i) of this section.
    (5) An owner or operator may request approval to use other 
alternative monitoring and recordkeeping systems as specified in 
Sec. 65.7(b) of subpart A of this part. The application shall contain a 
description of the proposed alternative system. In addition, the 
application shall include information justifying the owner or 
operator's request for an alternative monitoring method, such as the 
technical or economic infeasibility, or the impracticality, of the 
regulated source using the required method.
    (e) Monitoring a different parameter than those listed. The owner 
or operator who has been directed by Sec. 65.154(c)(2) or 
Sec. 65.155(c)(1) to set monitoring parameters or who requests as 
allowed by Sec. 65.156(e) approval to monitor a different parameter 
than those listed in Sec. 65.148(c), Sec. 65.149(c), Sec. 65.150(c), 
Sec. 65.151(c), Sec. 65.152(c), Sec. 65.153(c), Sec. 65.154(c), 
Sec. 65.160, or paragraphs (b) or (c) of this section shall submit the 
information specified in paragraphs (e)(1) through (e)(3) of this 
section with the operating permit application or as otherwise specified 
by the permitting authority.
    (1) A description of the parameter(s) to be monitored to ensure the 
process, control technology, or pollution prevention measure is 
operated in conformance with its design and achieves the specified 
emission limit, percent reduction, or nominal efficiency, and an 
explanation of the criteria used to select the parameter(s).
    (2) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, 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 or previously 
established under a referencing subpart.
     The frequency and content of monitoring, recording, and reporting 
if monitoring and recording is 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 as specified in 
Sec. 65.166(e). The rationale for the proposed monitoring, recording, 
and reporting system shall be included.


Sec. 65.163  Other records.

    (a) Closed vent system records. For closed vent systems, the owner 
or operator shall record the information specified in paragraphs (a)(1) 
through (a)(4) of this section, as applicable.
    (1) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall keep a record of the 
information specified in either paragraph (a)(1)(i) or (a)(1)(ii) of 
this section, as applicable. The information shall be reported as 
specified in Sec. 65.166(b).
    (i) Hourly records of whether the flow indicator specified under 
Sec. 65.143(a)(3)(i) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times of all 
periods when the vent stream is diverted from the control device or the 
flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with 
Sec. 65.143(a)(3)(ii), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done and shall 
record the occurrence of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that 
has been broken.
    (2) For closed vent systems collecting regulated material from a 
storage vessel, transfer rack, or equipment leak, the owner or operator 
shall record the identification of all parts of the closed vent system 
that are designated as unsafe or difficult to inspect pursuant to 
Sec. 65.143(b)(2) or (b)(3), an explanation of why the equipment is 
unsafe or difficult to inspect, and the plan for inspecting the 
equipment as required by Sec. 65.143(b)(2)(ii) or (b)(3)(ii).
    (3) For a closed vent system collecting regulated material from a 
storage vessel, transfer rack, or equipment leaks, when a leak is 
detected as specified in Sec. 65.143(d)(1), the information specified 
in paragraphs (a)(3)(i) through (a)(3)(vi) of this section shall be 
recorded. The data shall be reported as specified in Sec. 65.166(b)(1).
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.

[[Page 57873]]

    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) The maximum instrument reading measured by the procedures in 
Sec. 65.143(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak. The 
owner or operator may develop a written procedure that identifies the 
conditions that justify a delay of repair. In such cases, reasons for 
delay of repair may be documented by citing the relevant sections of 
the written procedure.
    (vi) Copies of the periodic reports if records are not maintained 
on a computerized database capable of generating summary reports from 
the records.
    (4) For each instrumental or visual inspection conducted in 
accordance with Sec. 65.143(b)(1) for closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks during which no leaks are detected, the owner or operator shall 
record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (b) Storage vessel and transfer rack records. For storage vessels, 
an owner or operator shall keep readily accessible records of the 
information specified in paragraphs (b)(1) through (b)(3) of this 
section, as applicable. For low-throughput transfer racks, an owner or 
operator shall keep readily accessible records of the information 
specified in paragraph (b)(1).
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 65.145(c)(2) and report in the periodic report as 
specified in Sec. 65.166(e), if applicable.
    (2) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Sec. 65.143(a), Sec. 65.145(a), or 
Sec. 65.147(a), as applicable, due to the planned routine maintenance. 
Such a record shall include the information specified in paragraphs 
(b)(2)(i) through (b)(2)(iii) of this section. This information shall 
be submitted in the periodic reports as specified in Sec. 65.166(d)(1).
    (i) The first time of day and date the requirements of 
Sec. 65.143(a), Sec. 65.145(a), or Sec. 65.147(a), as applicable, were 
not met at the beginning of the planned routine maintenance.
    (ii) The first time of day and date the requirements of 
Sec. 65.143(a), Sec. 65.145(a), or Sec. 65.147(a), as applicable, were 
met at the conclusion of the planned routine maintenance.
    (iii) A description of the type of maintenance performed.
    (3) Bypass records for storage vessel emissions routed to a process 
or fuel gas system. An owner or operator who uses the bypass provisions 
of Sec. 65.144(a)(2) shall keep in a readily accessible location the 
records specified in paragraphs (b)(3)(i) through (b)(3)(iii) of this 
section.
    (i) The reason it was necessary to bypass the process equipment or 
fuel gas system;
    (ii) The duration of the period when the process equipment or fuel 
gas system was bypassed;
    (iii) Documentation or certification of compliance with the 
applicable provisions of Sec. 65.42(b)(6)(i) through (b)(6)(iii).
    (c) Regulated source and control equipment startup, shutdown and 
malfunction records. (1) Records of the occurrence and duration of each 
startup, shutdown, and malfunction of process equipment or of air 
pollution control equipment used to comply with this part during which 
excess emissions (as defined in Sec. 65.3(a)(4) of subpart A of this 
part) occur.
    (2) For each startup, shutdown, and malfunction during which excess 
emissions occur, records whether the procedures specified in the 
source's startup, shutdown, and malfunction plan were followed, and 
documentation of actions taken that are not consistent with the plan. 
For example, if a startup, shutdown, and malfunction plan includes 
procedures for routing control device emissions to a backup control 
device (for example, the incinerator for a halogenated stream could be 
routed to a flare during periods when the primary control device is out 
of service), records must be kept of whether the plan was followed. 
These records may take the form of a checklist or other form of 
recordkeeping that confirms conformance with the startup, shutdown, and 
malfunction plan for the event.
    (3) Records of startup, shutdown, and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2A process vents.
    (d) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(1) and (d)(2) of 
this section for closed vent systems and control devices subject to the 
provisions of subpart F of this part. The owner or operator shall meet 
the record retention requirements of Sec. 65.4 of subpart A of this 
part, except the records specified in paragraph (d)(1) of this section 
shall be kept as long as the equipment is in operation.
    (1) The design specifications and performance demonstrations 
specified in paragraphs (d)(1)(i) through (d)(1)(iii) of this section.
    (i) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (ii) The dates and descriptions of any changes in the design 
specifications.
    (iii) A description of the parameter or parameters monitored as 
required in Sec. 65.146(c), to ensure that control devices are operated 
and maintained in conformance with their design and an explanation of 
why that parameter (or parameters) was selected for the monitoring.
    (2) Records of operation of closed vent systems and control 
devices, as specified in paragraphs (d)(2)(i) through (d)(2)(iii) of 
this section.
    (i) Dates and durations when the closed vent systems and control 
devices required in Sec. 65.115(b) of subpart F of this part are not 
operated as designed as indicated by the monitored parameters, 
including periods when a flare flame or at least one pilot flame is not 
present.
    (ii) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (iii) Dates and durations of startups and shutdowns of control 
devices required in Sec. 65.115(b) of subpart F of this part.
    (e) Records of monitored parameters outside of range. The owner or 
operator shall record the occurrences and the cause of periods when the 
monitored parameters are outside of the parameter ranges documented in 
the Initial Compliance Status Report in accordance with Sec. 65.165(b). 
This information shall be reported in the periodic report as specified 
in Sec. 65.166(e).


Sec. 65.164  Performance test and flare compliance determination 
notifications and reports.

    (a) Performance test and flare compliance determination reports. 
Performance test reports and flare compliance determination reports 
shall be submitted as specified in paragraphs (a)(1) through (a)(3) of 
this section.
    (1) For performance tests or flare compliance determinations, the 
Initial Compliance Status Report or report required by paragraph (b)(2) 
of this section shall include one complete test report as specified in 
paragraph (a)(2) of this section for each test method used for a 
particular kind of emission point

[[Page 57874]]

and other applicable information specified in paragraph (a)(3) of this 
section. For additional tests performed for the same kind of emission 
point using the same method, the results and any other information 
required in applicable sections of this subpart or in other subparts of 
this part shall be submitted, but a complete test report is not 
required.
    (2) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and 
laboratory analyses, documentation of calculations, and any other 
information required by the test method.
    (3) The performance test or flare compliance determination report 
shall also include the information specified in paragraphs (a)(3)(i) 
through (a)(3)(iii) of this section, as applicable.
    (i) For flare compliance determinations, the owner or operator 
shall submit the records specified in Sec. 65.159(b).
    (ii) For nonflare combustion device and halogen reduction device 
performance tests as required under Sec. 65.148(b), Sec. 65.149(b), 
Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or 
Sec. 65.155(b), the owner or operator shall submit the applicable 
records specified in Sec. 65.160(b).
    (iii) For Group 2A process vents, the owner or operator shall 
submit the records specified in Sec. 65.160(c), as applicable.
    (b) Other notifications and reports. (1) The owner or operator 
shall notify the Administrator of the intention to conduct a 
performance test at least 30 calendar days before the performance test 
is scheduled to allow the Administrator the opportunity to have an 
observer present. If after 30 day's notice for an initially scheduled 
performance test, there is a delay (due to operational problems, etc.) 
in conducting the scheduled performance test the owner or operator of 
an affected facility shall notify the Administrator as soon as possible 
of any delay in the original test date. The owner or operator shall 
provide at least 7 days prior notice of the rescheduled date of the 
performance test or arrange a rescheduled date with the Administrator 
by mutual agreement.
    (2) Unless specified differently in this subpart or another subpart 
of this part, performance test and flare compliance determination 
reports not submitted as part of an Initial Compliance Status Report 
shall be submitted to the Administrator within 60 days of completing 
the test or determination.
    (3) Any application for a waiver of an initial performance test or 
flare compliance determination as allowed by Sec. 65.157(b)(2), shall 
be submitted no later than 90 calendar days before the performance test 
or flare compliance determination is required. The application for a 
waiver shall include information justifying the owner or operator's 
request for a waiver, such as the technical or economic infeasibility, 
or the impracticality, of the source performing the test.


Sec. 65.165  Initial Compliance Status Reports.

    (a) An owner or operator who elects to comply with Sec. 65.144 by 
routing emissions from a storage vessel or transfer rack to a process 
or to a fuel gas system shall submit as part of the Initial Compliance 
Status Report the information specified in paragraphs (a)(1) and (a)(2) 
or (a)(3) of this section, as applicable.
    (1) If storage vessel emissions are routed to a process, the owner 
or operator shall submit the information specified in 
Sec. 65.144(b)(3).
    (2) As specified in Sec. 65.144(c) if storage vessel emissions are 
routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to a fuel gas system.
    (3) As specified in Sec. 65.144(c) report that the transfer rack 
emission stream is being routed to a fuel gas system or process, when 
complying with the requirements of Sec. 65.83(a)(4) of subpart E of 
this part.
    (b) An owner or operator who elects to comply with Sec. 65.145 by 
routing emissions from a storage vessel or low-throughput transfer rack 
to a nonflare control device shall submit with the Initial Compliance 
Status Report required by Sec. 65.5(d) of subpart A of this part the 
applicable information specified in paragraphs (b)(1) through (b)(6) of 
this section. Owners and operators who elect to comply with 
Sec. 65.145(b)(1)(i) by submitting a design evaluation shall submit the 
information specified in paragraphs (b)(1) through (b)(4) of this 
section. Owners and operators who elect to comply with 
Sec. 65.145(b)(1)(ii) by submitting performance test results shall 
submit the information specified in paragraphs (b)(1), (b)(2), (b)(4) 
and (b)(5) of this section. Owners and operators who elect to comply 
with Sec. 65.145(b)(1)(iii) by submitting performance test results for 
a shared control device shall submit the information specified in 
paragraph (b)(6) of this section.
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed (for example, when the liquid level in the storage vessel 
is being raised). If continuous records are specified, indicate whether 
the provisions of Sec. 65.166(f) apply.
    (2) The operating range for each monitoring parameter identified in 
the monitoring plan required by Sec. 65.145(c)(1). The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (3) The documentation specified in Sec. 65.145(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation.
    (4) The provisions of Sec. 65.166(f) do not apply to any low-
throughput transfer rack for which the owner or operator has elected to 
comply with Sec. 65.145 or to any storage vessel for which the owner or 
operator is not required to keep continuous records, as specified by 
the applicable monitoring plan established under Sec. 65.145(c)(1) and 
(c)(2). If continuous records are required, the owner or operator shall 
specify in the monitoring plan whether the provisions of Sec. 65.166(f) 
apply.
    (5) A summary of the results of the performance test described in 
Sec. 65.145(b)(1)(ii) or (b)(1)(iii), as applicable. If a performance 
test is conducted as provided in Sec. 65.145(b)(1)(ii), submit the 
results of the performance test, including the information specified in 
Sec. 65.164(a)(1) and (a)(2).
    (6) Identification of the storage vessel or transfer rack and 
control device for which the performance test will be submitted, and 
identification of the emission point(s), if any, that share the control 
device with the storage vessel or transfer rack and for which the 
performance test will be conducted.
    (c) The owner or operator shall submit as part of the Initial 
Compliance Status Report the operating range for each monitoring 
parameter identified for each control, recovery, or halogen reduction 
device as determined in Secs. 65.148(c)(2), 65.149(c)(2), 65.150(c)(2), 
65.151(c)(2), 65.152(c)(2), 65.153(c)(5), 65.154(c)(3), and 
65.155(c)(2). The specified operating range shall represent the 
conditions for which the control, recovery, or halogen reduction device 
is being properly operated and maintained. This report

[[Page 57875]]

shall include the information in paragraphs (c)(1) through (c)(3) of 
this section, as applicable, unless the range and the operating day 
definition have been established in the operating permit.
    (1) The specific range of the monitored parameter(s) for each 
emission point;
    (2) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to 
develop the range and a description of why the range indicates proper 
operation of the control, recovery, or halogen reduction device, as 
specified in paragraph (c)(2)(i), (c)(2)(ii), or (c)(2)(iii) of this 
section, as applicable.
    (i) If a performance test or TRE index value determination is 
required by this subpart or another subpart of this part for a control, 
recovery or halogen removal device, the range shall be based on the 
parameter values measured during the TRE index value determination or 
performance test and may be supplemented by engineering assessments 
and/or manufacturer's recommendations. TRE index value determinations 
and performance testing is not required to be conducted over the entire 
range of permitted parameter values.
    (ii) If a performance test or TRE index value determination is not 
required by this subpart or other subparts of this part for a control, 
recovery, or halogen reduction device, the range may be based solely on 
engineering assessments and/or manufacturer's recommendations.
    (iii) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (3) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The 
definition shall specify the times at which an operating day begins and 
ends.
    (d) Halogen reduction device. The owner or operator shall submit as 
part of the Initial Compliance Status Report the information recorded 
pursuant to Sec. 65.160(d).
    (e) Alternative recordkeeping. The owner or operator shall notify 
the administrator in the Initial Compliance Status Report if the 
alternative recordkeeping provisions of Sec. 65.161(e)(1) are being 
implemented. If the Initial Compliance Status Report has been 
submitted, the notification must be in the periodic report submitted 
immediately preceding implementation of the alternative, as provided in 
Sec. 65.166(f)(4).


Sec. 65.166  Periodic reports.

    (a) Periodic reports shall include the reporting period dates, the 
total source operating time for the reporting period, and, as 
applicable, all information specified in this section and in other 
subparts of this part, including reports of periods when monitored 
parameters are outside their established ranges.
    (b) For closed vent systems subject to the requirements of 
Sec. 65.143, the owner or operator shall submit as part of the periodic 
report the information specified in paragraphs (b)(1) through (b)(3) of 
this section, as applicable.
    (1) The information recorded in Sec. 65.163 (a)(3)(ii) through 
(a)(3)(v);
    (2) Reports of the times of all periods recorded under 
Sec. 65.163(a)(1)(i) when the vent stream is diverted from the control 
device through a bypass line; and
    (3) Reports of all times recorded under Sec. 65.163(a)(1)(ii) when 
maintenance is performed on car-sealed valves, when the seal is broken, 
when the bypass line valve position is changed, or the key for a lock-
and-key type configuration has been checked out.
    (c) For flares subject to this subpart, report all periods when all 
pilot flames were absent or the flare flame was absent as recorded in 
Sec. 65.159(d)(1).
    (d) For storage vessels, the owner or operator shall include in 
each periodic report required the information specified in paragraphs 
(d)(1) through (d)(3) of this section.
    (1) For the 6-month period covered by the periodic report, the 
information recorded in Sec. 65.163(b)(2)(i) through (b)(2)(iii).
    (2) For the time period covered by the periodic report and the 
previous periodic report, the total number of hours that the control 
system did not meet the requirements of Sec. 65.143(a), Sec. 65.145(a), 
or Sec. 65.147(a) due to planned routine maintenance.
    (3) A description of the planned routine maintenance that is 
anticipated to be performed for the control system during the next 6-
month periodic reporting period when the control system is not expected 
to meet the required control efficiency. This description shall include 
the type of maintenance necessary, planned frequency of maintenance, 
and expected lengths of maintenance periods.
    (e) If a control device other than a flare is used to control 
emissions from storage vessels or low-throughput transfer racks, the 
periodic report shall identify and state the cause for each occurrence 
when the monitored parameters were outside of the parameter ranges 
documented in the Initial Compliance Status Report in accordance with 
Sec. 65.165(b).
    (f) For process vents and transfer racks (except low-throughput 
transfer racks), periodic reports shall include the information 
specified in paragraphs (f)(1) through (f)(4).
    (1) Periodic reports shall include the daily average values of 
monitored parameters, calculated as specified in Sec. 65.161(c)(1) for 
any days when the daily average value is outside the bounds as 
specified in Sec. 65.162(b)(3) or (c)(3), or the data availability 
requirements defined in Sec. 65.156(d)(1) are not met, whether these 
excursions are excused or unexcused excursions. For excursions caused 
by lack of monitoring data, the duration of periods when monitoring 
data were not collected shall be specified.
    (2) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec. 65.162(c)(2) were outside the ranges 
established in the Initial Compliance Status Report or in the operating 
permit.
    (3) The provisions of paragraphs (f)(1) and (f)(2) of this section 
do not apply to any low-throughput transfer rack for which the owner or 
operator has elected to comply with Sec. 65.145 or to any storage 
vessel for which the owner or operator is not required, by the 
applicable monitoring plan established under Sec. 65.165(c)(1) and 
(c)(2) to keep continuous records. If continuous records are required, 
the owner or operator shall specify in the monitoring plan whether the 
provisions of paragraphs (f)(1) and (f)(2) of this section apply.
    (4) If the owner or operator has chosen to use the alternative 
recordkeeping provisions of Sec. 65.161(e)(1), and has not notified the 
Administrator in the Initial Compliance Status Report that the 
alternative recordkeeping provisions are being implemented as provided 
in Sec. 65.165(e), the owner or operator shall notify the Administrator 
in the periodic report submitted immediately proceeding implementation 
of the alternative.


Sec. 65.167  Other reports.

    (a) Replacing an existing control or recovery device. As specified 
in Sec. 65.147(b)(2), Sec. 65.148(b)(3), Sec. 65.149(b)(3), 
Sec. 65.150(b)(2), Sec. 65.151(b)(2), Sec. 65.152(b)(2), or 
Sec. 65.153(b)(2), if an owner or operator at a facility not required 
to obtain a title V permit elects at a later date to use a different 
control or recovery device, then the Administrator shall be notified by 
the owner or operator before implementing the change. This notification 
may be included in the

[[Page 57876]]

facility's periodic reporting and shall include a description of any 
changes made to the closed vent system.
    (b) Startup, shutdown, and malfunction periodic reports. Startup, 
shutdown, and malfunction periodic reports shall be submitted as 
required in Sec. 65.6(c) of subpart A of this part.


Secs. 65.168-65.169  [Reserved]

[FR Doc. 98-27260 Filed 10-27-98; 8:45 am]
BILLING CODE 6560-50-P





 
 


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