p.1 

OAR Box 1168 

Prepped by Ollie Stewart 

Document Number: 

108) ll-C-37 

Docket Number: 

A-89-10 

Printed 4/29/2008 11:23:20 AM Sheet 108 of 131 
**!rW 

iO- ' W 

P.2 

A-89-10 

LAW OFFICES 

PHILIP J. HARTER 

SUITE 404 

2301 M STREET. N.W. 

WASHINGTON, D.C. 20037 

II-C-37 

FJ.LinJ,r 

(202) 887-1033 

FAX: (202) 887-1036 j FEB I f 1991 

„.-! 

B 

December 3, 1990 

MEMORANDU M 

i n UsJv*I•**>_._ i ! 

To: EPA Negotiated Rulemaking Committee on Fugitive Emissions from Equipment Leaks 

Fr: Philip J. Harter Qfl-^' 

Re: Agreement! Final Version of the Recommended Proposed Rule 

IN PRINCIPLE 
P.3 

•**> 

All committee members have now signed. We therefore have an agreement in principle on the 

recommended proposed rule. In other words, it's over (at least for this phase), and just listen to her sing (well, 

on second thought). Congratulations to everyone for hard work, perseverance, and a job well done. From 

everything I have heard we should all be proud of our handiwork. 

To round out that mound of paper this enterprise has generated, I enclose: 

• the recommended proposed rule that incorporates the changes that were distributed during the 

ratification process 

• executed copies of the agreement in principle. 

£ /H-l c. f*cc+/s/£f 

/ * ! 

.,\~ / 

SW 
P.4 

* 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

The Environmental Protectio n Agency i a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16,1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical industry. 

5. The party and the Committee recognize that the preamble to the proposed rule will have an important 

bearing on its scope, application, and practical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future RegulaUons 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
P.5 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

application, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that — 

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues include but are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final mle to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.6 

j . Each party other than EPA agrees lo provide a memorandum lhat it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole — 

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect wilh respectto_squipment leaks as the 

recommended proposed rule and the jjrearfiBle chncurred ,in b^theyCommjltee. 

^/jack R. Farmer 

Director, Emission Standards Division 

Fnvirnnmpnt.al Prnf.prtinn Agency 

Organization 

November 26, 1990 

Date 

As anended 11/23/90 CTCAAA^ 

Jack R. Farmer, Director, Emission Standards Division 

Environmental Protection Agency 

Organization 

November 26. 1990 

Date 
P.7 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EOUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

_, a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16, 1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical industry. 

5. The party and the Committee recognize that the preamble to the proposed rule will have an important 

bearing on its scope, apphcation, and practical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 

1 
P.8 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle lo the recommended proposed rule, but lhat 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

appUcation, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to wliich the Committee concurred. Such issues include but are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.9 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole -

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect wilh respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

^ P ;< •<r/-ey/ysyis. 

Organization 

Z '/~^<'-P£ 

Date 

As anended 11/23/90 

< lry4iktkX> CMr^c^ 

Organization 

Date 
P.10 

November lo. 1991) 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EOUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Sterlin g Chemicals, Inc . a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16, 1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent wilh the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

lhe preamble lo the Committee tor its review and concurrence. 

4. EPA may include the equipment leak rule as pari of a broader rule dealing wilh hazardous organic air 

pollutants for lhe chemical induslry. 

5. The party and the Committee recognize Lhat the preamble to the proposed rule will have an important 

bearing OQ ils scope, application, and praclical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when il is accompanied by the preamble lo the recommended 

proposed rule as concurred in by the Commillee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23. 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register lhat includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
P.11 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is staled in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope. 

application, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide lhat -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues lhat were not the subject of negotiations or are not 

contained in the preamble lo which lhe Committee concurred. Such issues include but are not limited 

to an analysis of the costs, lhe cost effectiveness, and other impacts of the proposed rule. 

c. EPA will consider all relevant comments submitted concerning the Notice of Propo.scd Rulemaking 

and in response lo such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members ol the Committee prior lo iheir 

signature by the Administrator. 

g. Each party other than EPA agrees not lo take any aclion to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not lo challenge the rule in court lo the extent that lhe final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Commiltee. 

i. Any change in the applicability of the proposed rule and its preamble lo petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.12 

j . Each party other than EPA aerees lo provide a memorandum lhat it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole -

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipmenl leaks as the 

recommended proposed rule and the preamble/Coftsurre' urredd in by the Cot in by the ConurrtTTfe*:. 

David W. Dunn 

Sterlin g Chemicals, Inc . 

Organization 

November 30, 1990 

Date 
P.13 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Chemica l Manufacturer s Assnn, , a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16, 1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consislent with the understanding of the Commitlee. EPA will submit 

lhe preamble to the Committee for its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical induslry. 

5. The party and the Committee recognize lhat the preamble to the proposed rule will have an important 

bearing on ils scope, application, and practical effect. Therefore, lhe parly will enler into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to lhe recommended 

proposed rule as concurred in by lhe Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" lhat is dated August 23, 1990 and is attached lo ihis Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
P.M 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

appUcation, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that — 

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify pomts raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of lhe Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that arc the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of lhe preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negoliations or arc nol 

contained in the preamble to which the Committee concurred. Such issues include but are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of lhe proposed rule. 

c. EPA will consider all relevant comments submilted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees not lo take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and ils preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent lhat the final rule 

and ils preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble lo petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
-EJS, 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole -

(1) if adverse comments are filed wilh the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in_bv the-Commiitee. / 

Rober t A. Rolan d ./Presiden t 

Chemica l Manufacturer s Assoc . 

Organization 

Novembe r 29 , 1990 

Dale 
P.16 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAEONG 

CONCERNING 

CONTROL. OF FUGITIVE EMISSIONS FROM EQUIPMENT LEA_£$ 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Natural Resources Defense Council, a party to the negotiations, agrees that 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16,1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recom_nended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical industry. 

5. The party and the Committee recognize that the preamble to the proposed rule will have an important 

bearing on its scope, apphcation, and practical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23,1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 

- BBHH|H ^^^^ a ^^^ H l^^^^ H ^^^^ H ^^^^^^^^^^^^^ H H ^ H ^ E - - i a H 
P.17 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on ils scope, 

appUcation, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that — 

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

lo draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of the final agreement 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues include but are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each, party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.18 

j. Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole -

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by^he Committee. 

David D. Doniger,^Senior Attorney 

Nat-nral Rpsnnrrps Dpf PT-ISP Council, Inc . 

Organization 

November 30, 1990 

Date 

As attended 11/23/90 

Organization 

Date 
P.19 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Amoco Oil Company _, a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

The party concurs in principle in the recommended proposed rule, dated November 16. 1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain lhe basis 

and purpose of the proposed rule consistent wilh the understanding of the Committee. EPA will submit 

lhe preamble to lhe Committee for its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical industry. 

5. The parly and the Committee recognize that the preamble to the proposed rule will have an imporlanl 

bearing on its scope, application, and practical effect. Therefore, lhe party will enter into a final agreement 

on lhe recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by lhe Committee pursuant to paragraph 3. 

The party agrees lo lhe explanation of the "Relationship between ihis Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached lo this Agreement in 

Principle. The party also agrees lhat the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
P.20 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

application, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide lhat -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has lhe 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of lhe Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble lo the proposed rule 

have the same substance and effect as the recommended proposed rule and lhe preamble that arc the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or arc not 

contained in the preamble to which the Committee concurred. Such issues include bul are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of lhe final rule and its preamble to members of lhe Committee prior lo their 

signature by the Administrator. 

g. Each party olher than EPA agrees not to take any action to inhibit the adoption of lhe recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and lhe 

preamble concurred in by Lhe Committee. 

i. Any change in the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment lo this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.21 

j . Each party other than EPA agrees to provide a memorandum lhat it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole -

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

— - t i 

J./Christoph Klasing 

Amoco Oil Company 

Organization 

November 28. 1990 

Date 

" ^ 
P.22 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EOUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

, a party to the negotiations, agrees that: 

rjou. 

1. The person signing this agreement is authorized to commit the party to its terms. . 

(JU hioyjiima-'VL^ 

2. The party concurs in principle in the recommended proposed rule, dated November 16. 199ll|and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

5.3 ) 

3. EPA agrees to draft a preamble consistent widi the recommended proposed rule and lo explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

4. EPA may include the equipmenl leak rule as part of a broader rule dealing wilh hazardous organic air 

pollutants for the chemical induslry. 

5. The partv and the Committee recognize lhat lhe preamble to lhe proposed rule will have an imporlanl 

bearing on its scope, application, and practical effect. Therefore, the party will enter into a final agreement 

on lhe recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of tbe Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" lhat is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees lhat lhe August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and ils work 

b. the recommended proposed rule 
P.23 

a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

application, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

c. 

d. 

8. The final agreement will provide that -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify die preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Nolice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent lhe proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble lhat arc the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of lhe preamble in the Nolice of Proposed 

Rulemaking that explain EPA's position on issues that were nol the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues mclude but are nol limited 

lo an analysis of the costs, the cosl effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submilted concerning the Nolice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees nol to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule lo the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and lhe 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble lo petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.24 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole — 

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

C2*x^t^l^Mjui»\ /\J^itfi4T 

Organization 

Dag jO^J^j^ 70 

Date 
P.25 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Pharmaceutica l Manufacturers Assn.. a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16, 1990 and enlilled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and lo explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

lhe preamble to the Committee lor its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing wilh hazardous organic air 

pollutants for the chemical industry. 

5. The party and the Committee recognize lhat the preamble lo the proposed rule will have an important 

bearing on its scope, application, and practical effect. Therefore, lhe parly will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred Ln by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Nolice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
P.26 

a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

apphcation, and effect, the Committee will enter into a final agreement and make a fmal 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

c. 

d. 

8. The final agreement will provide that -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agTees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify pomts raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent wilh the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment, leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble lhat are the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues lhat were not the subject of negotiations or are nol 

contained in the preamble to which the Committee concurred. Such issues include but are not hmited 

to an analysis of the costs, the cost effectiveness, and olher impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and lhe 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble to peiroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.27 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole — 

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble cpdcurred in hy the Committee. 

*~^)&f 

President, Pharmaceutical 

Manufacturers Association 

Organization 

December 3 , 1990 

Date 
November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EOUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Internationa l Institut e of 

Syntheti c Rubber Producers, Inc. , a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16,1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical industry. 

The party and the Committee recognize that the preamble to the proposed rule will have an important 

bearing on its scope, apphcation, and practical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is slated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

appUcation, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that — 

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues include but are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.30 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and lhat it concurred in the recommended proposed rule when considered as a whole — 

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

(IftlkrM &JL4+S 

Internationa l Institut e of 

Syntheti c Rubber Producers, Inc . 

Organization 

// 

Date 

/it/to 

As aoended 11/23/90 y_^ 

Internationa l Institut e of 

Syntheti c Rubber Producers, Inc . 

Organization 

ll/ir/fi 

Date 
P.31 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EOUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

AJjA/^ArijJL' Vary? $j-Jt->C4>€4M*Js* party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16, 1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

EPA agrees to draft a preamble consistent with the recommended proposed rule and lo explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee lor its review and concurrence. 

4. EPA may include lhe equipment leak rule as part of a broader rule dealing wilh hazardous organic air 

pollutants for the chemical industry. 

The party and the Committee recognize that the preamble lo the proposed rule will have an imporlanl 

bearing on its scope, application, and practical effect. Therefore, lhe parly will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by lhe Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" lhat is daled August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and lhe Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but lhat 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

application, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble lhat arc the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Nolice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues include but are not hmited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and lhe 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of lhe final rule and its preamble lo members nf the Committee prior lo their 

signature by the Administrator. 

g. Each party other than EPA agrees not to lake any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other lhan EPA agrees not to challenge the rule in court to the extent thai the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effeel as the proposed rule. 
P.33 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole -

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

spud***- titof4L&£*<f*<~ 

Organizationfa^W W STfiVfrO 

Date 
November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Northeast State s for Coordinated . . .*. *• *• *_ * 

fl-ir iko Managgmpnt , a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16,1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

poilutanls for the chemical industry. 

5. The party and the Committee recognize that the preamble to the proposed rule will have an important 

bearing on its scope, apphcation, and practical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by the preamble to the recommended 

proposed rule as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regidation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes — 

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

apphcation, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that — 

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues include but are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each party other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble lo petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.36 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that il concurred in the recommended proposed rule when considered as a whole — 

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

Northeast States for 

.... •u* 

Northeast State s fo r Coordinated 

Air Use Management 

Organization 

11/28/90 

Date 

As anended 11/23/90 XJ^uf r V- hiuOw^^ 

Northeast Stated for Coordinated 

A i r 1I«SP Manaqpmpnt. 

Organization 

11/28/90 

Date 
November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air pollutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended in 1990. 

Texas Air Control Board Staff , a party to the negotiations, agrees that: 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16,1990 and entitled 

"National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to this Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

4. EPA may include the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical industry. 

5. The party and the Committee recognize that the preamble to the proposed rule will have an important 

bearing on its scope, apphcation. and practical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when il is accompanied by the preamble to the recommended 

proposed rule as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23, 1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 

1 
P.38 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving at the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

apphcation, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has the 

same substance and effect as the preamble concurred in by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by the Committee to clarify points raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent the proposed rule and the preamble to the proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of the final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues include but are not hmited 

to an analysis of the costs, lhe cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in the proposed rule and lhe 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and ils preamble to members of the Committee prior to iheir 

signature by the Administrator. 

g. Each party other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the fmal rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change in the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not having the same substance and effect as the proposed rule. 
P.39 

j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole — 

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect widi respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

4.*.rtL <, kcfofirQTexas Air Control Board Staff 

Organization 

November 27, 1990 

Date 
NO1

.-2b-i'56*3 17: ia FROM LHLJ EMUIRGNMB-JIHL ilC-LUU IU 

November 16.1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAJS.S 

AGREEMEN T IN PRINCIPL E 

The Negotiated Rulemaking Committee considered the technical and policy issues involved in controlling 

fugitive emissions of hazardous air poUutants from equipment leaks and has reached a consensus on a recommended proposed rule to implement Section 112 of the Clean Air Act, as amended is 1990. 

Air Pollution Control of _, a party to the negotiations, agrees that: 

Jefferson County 

1. The person signing this agreement is authorized to commit the party to its terms. 

2. The party concurs in principle in the recommended proposed rule, dated November 16,1990 and entitled 

"National Emission Slandard for Equipment Leaks (Fugitive Emission Sources)," when considered as a 

whole. The recommended proposed rule is attached to tbis Agreement in Principle. 

3. EPA agrees to draft a preamble consistent with the recommended proposed rule and to explain the basis 

and purpose of the proposed rule consistent with the understanding of the Committee. EPA will submit 

the preamble to the Committee for its review and concurrence. 

4. EPA may mclude the equipment leak rule as part of a broader rule dealing with hazardous organic air 

pollutants for the chemical industry. 

5. The party and the Committee recognize that the preamble to the proposed rule will have an important 

bearing on its scope, application, and practical effect. Therefore, the party will enter into a final agreement 

on the recommended proposed rule only when it is accompanied by tbe preamble to the recommended 

proposed mle as concurred in by the Committee pursuant to paragraph 3. 

6. The party agrees to the explanation of the "Relationship between this Regulation and Future Regulations 

for Refinery Equipment Leaks" that is dated August 23, 1990 and is attached to this Agreement in 

Principle. The party also agrees that the August 23,1990, explanation shall be included in the preambles 

to the Notice of Proposed Rulemaking and the Final Rule. 

7. EPA will publish a notice in the Federal Register that includes -

a. a brief description of the Committee and its work 

b. the recommended proposed rule 
NUU-Ib-19y0 " 17:i 3"'FRC LHW ENUIRONMENTHL ItiC-LOU i-. I__ 

._______»! 

c. a brief, objective summary of the recommended regulatory requirements that will not attempt to 

interpret the meaning of the regulatory provisions beyond what is stated in the regulatory language 

or to explain the Committee's rationale in arriving al the recommended regulatory requirements 

d. a statement that the committee has agreed in principle to the recommended proposed rule, but that 

because the preamble to the recommended proposed rule may have an important bearing on its scope, 

application, and effect, the Committee will enter into a final agreement and make a final 

recommendation on the proposed rule only after concurring on a preamble. 

EPA will draft the notice and submit it to the Committee for its review and concurrence. 

8. The final agreement will provide that -

a. EPA will publish the recommended proposed rule as a Notice of Proposed Rulemaking. EPA agrees 

to draft a preamble to the Notice of Proposed Rulemaking concerning equipment leaks that has tbe 

same substance and effect as the preamble concurred ia by the Committee and attached to the final 

agreement. EPA may modify the preamble concurred in by tbe Committee to clarify pomts raised and 

to incorporate the equipment leak standard into a broader proposed rule consistent with the Clean Air 

Act Amendments of 1990. 

b. EPA will send the individuals on the Committee copies of those portions of the preamble of the Notice 

of Proposed Rulemaking and the proposed rule in the Notice of Proposed Rulemaking concerning 

equipment leaks for their review and comment prior to the signature of the Administrator on the 

Notice of Proposed Rulemaking. 

c. Each party other than EPA agrees not to file negative comments on the proposed rule or the preamble 

concerning equipment leaks to the extent tbe proposed rule and the preamble to tbe proposed rule 

have the same substance and effect as the recommended proposed rule and the preamble that are the 

subject of tbe final agreement. 

d. Each party other than EPA may comment on those portions of the preamble in the Notice of Proposed 

Rulemaking that explain EPA's position on issues that were not the subject of negotiations or are not 

contained in the preamble to which the Committee concurred. Such issues iacludc but are not limited 

to an analysis of the costs, the cost effectiveness, and other impacts of the proposed rule. 

e. EPA will consider all relevant comments submitted concerning the Notice of Proposed Rulemaking 

and in response to such comments will make only such modifications in tbe proposed rule and the 

preamble as are necessary when issuing a final rule. 

f. EPA will provide copies of the final rule and its preamble to members of the Committee prior to their 

signature by the Administrator. 

g. Each parly other than EPA agrees not to take any action to inhibit the adoption of the recommended 

proposed rule as a final rule to the extent the final rule and its preamble have the same substance and 

effect as the recommended proposed rule and the preamble concurred in by the Committee. 

h. Each party other than EPA agrees not to challenge the rule in court to the extent that the final rule 

and its preamble have the same substance and effect as the recommended proposed rule and the 

preamble concurred in by the Committee. 

i. Any change ia the applicability of the proposed rule and its preamble to petroleum operations will be 

made pursuant to the attachment to this Agreement. Otherwise, such changes shall be considered as 

not hav ing the same substance and effect as tbe proposed rule. 
_ ^ P.42 

h|DU-2b-1390 17=20 FROM LRU EMU IRONMENTHL INC-LOU TO 36255306 P.13 

j. Each party other than EPA agrees to provide a memorandum that it participated to the negotiations 

and that it concurred in the recommended proposed rule when considered as a whole -

(1) if adverse comments are filed with the agency or if the rule is challenged in court, and 

(2) the preamble and rule have the same substance and effect with respect to equipment leaks as the 

recommended proposed rule and the preamble concurred in by the Committee. 

-or'<*${«$— /fit/to 

Air Pollution Control 

n f .Tpffpr-^P" *^"^Y -

Organization 

Date 

{i/w/lt* 

\% anoided 11/23/90 

Air Pollutio n <zlc#ftrol 

nf Jefferson Pnnnl-v 

organization 

Date 
P.43 

National Emission Standard 

For Equipment Leaks (Fugitive Emission Sources) 

Table of Contents 

§XX.X0 Applicability and designation of sources. . . 1 

§XX.X1 Definitions 2 

§XX.X2-1 Standards: General 8 

§XX.X2-2 Standards: Pumps in light liquid service 9 

§XX.X2-3 Standards: Compressors 13 

§XX.X2-4 Standards: Pressure relief devices in gas/vapor service. .. . 14 

§XX.X2-5 Standards: Sampling connection systems 15 

§XX.X2-6 Standards: Open-ended valves or lines 15 

§XX.X2-7 Standards: Valves in gas/vapor service and in light liquid 

service 16 

§XX.X2-8 Standards: Pumps, valves, connectors, and agitators in heavy 

liquid service; instrumentation systems; and pressure relief 

devices in liquid service 19 

§XX.X2-9 Standards: Product accumulator vessels 20 

§XX.X2-10 Standards: Delay of repair 20 

§XX.X2-11 Standards: Closed-vent systems and control devices 21 

§XX.X2-12 Standards: Agitators in gas/vapor service and in light 

liquid service 22 

§XX.X2-13 Standards: Connectors in gas/vapor service and in light 

liquid service 23 

§XX.X3-1 Quality Improvement Program (QIP) for Valves 28 

§XX.X3-2 Quality Improvement Program for Pumps 35 

§XX.X4-1 Alternative means of emission limitation: General 42 

§XX.X4-2 Alternative means of emission limitation: Batch processes. . . 43 

§XX.X4-3 Alternative means of emission limitation: Enclosed-vented 

process units 46 

§XX.X5 Test methods and procedures 47 
P.44 

§XX.X6 Recordkeeping requirements 51 

§XX.X7 Reporting requirements 60 

§XX.X8-1 List of Volatile Hazardous Air Pollutants 64 

§XX.X8-2 List of Hazardous Organic Chemical Production Processes. .. . 67 

f 

3 
Draft 12/6/90 

National Emission Standard 

For Equipment Leaks (Fugitive Emission Sources) 

§XX.X0 Applicability and designation of sources. 

(a) The provisions of this subpart apply to pumps, compressors, 

agitators, pressure relief devices, sampling connection systems, open-ended 

valves or lines, valves, connectors, product accumulator vessels, 

instrumentation systems, and control devices or systems required by this 

subpart that are intended to operate in volatile hazardous air pollutant 

(VHAP) service 300 hours or more during the calendar year within a process 

unit listed in 

(1) Paragraph (b) of this section that uses as a reactant or makes as an 

intermediate or final product any of the chemicals listed in §XX.X8-1, or 

(2) Paragraph (c) of this section. 

(b)(1) The provisions of this subpart are applicable to the following 

process units as listed in §XX.X8-2 on and after the designated dates: 

(i) Group I: (1/2 vear after promulgation) . 

(ii) Group II: (3/4 year after promulgation) . 

(iii) Group III: (1 vear after promulgation) . 

(iv) Group IV: (1 1/4 years after promulgation) . 

(v) Group V: (1 1/2 years after promulgation) . 

(2) The owner or operator of an affected process unit in a later group 

may elect to apply the applicability date of an earlier group. 

(3) Any process unit listed in §XX.X8-2 that does not use as a reactant 

or make as an intermediate or final product any of the chemicals listed in 

§XX.X8-1 is exempt from the provisions in §XX.X2-1 through §XX.X2-13. The 

owner or operator shall maintain records as required in §XX.X6(k). 

(c) The provisions of this subpart apply (1/2 year after promulgation) 

to the following process units, and designated VHAPs only, as defined in 

§XX.X1: 

(i) Styrene-butadiene rubber production (butadiene, styrene). 

(ii) Polybutadiene production (butadiene). 

(iii) Chlorine production (carbon tetrachloride). 

(iv) Pesticide production (carbon tetrachloride, methylene chloride, 

ethylene dichloride). 
P.46 

Draft 12/6/90 

(v) Chlorinated hydrocarbon use (carbon tetrachloride, methylene 

chloride, tetrachloroethylene, chloroform, and ethylene dichloride). 

(vi) Pharmaceutical production (carbon tetrachloride, methylene 

chloride). 

(vii) Miscellaneous butadiene use (butadiene). 

(d) While the provisions of this subpart are effective, equipment to 

which this subpart applies that is also subject to the provisions of 

(i) 40 CFR Part 60, will be required to comply only with the provisions 

of this subpart, except for each pump and compressor equipped with a dual 

mechanical seal system that is in VOC service, or 

(ii) 40 CFR Part 61, will be required to comply only with the provisions 

of this subpart. 

(e) The provisions of this subpart do not apply to any petroleum process 

unit regardless of whether the unit supplies feedstocks, that include 

chemicals listed in §XX.X8-1, to chemical processes that are subject to the 

provisions of this subpart. 

§XX.X1 Definitions. 

All terms used in this subpart shall have the meaning given them in the 

Act, in Subpart A of Part 63, and in this section as follows: 

"Batch Process" means a process in which the equipment is fed 

intermittently or discontinuously. Processing then occurs in this equipment 

after which the equipment is generally emptied. Examples of industries that 

use batch processes include pharmaceutical production and pesticide 

production. 

"Batch product-process equipment train" means the collection of 

equipment (e.g., connectors, reactors, valves, pumps, etc.) configured to 

produce a specific product or intermediate by a batch process. 

"Chlorinated hydrocarbon use" means a process that produces one or more 

of the following products using chloroform, carbon tetrachloride, ethylene 

dichloride, methylene chloride or tetrachloroethylene: chlorinated paraffins, 

Hypalon®, 0BPA/1,3-diisocyanate, polycarbonate, polysulfide rubber, and 

symmetrical tetrachloropyridi ene. 
P.47 

Draft 12/6/90 

"Chlorine production" means a process that uses carbon tetrachloride as 

a diluent for nitrogen trichloride or as a scrubbing liquid to recover 

chlorine from the liquefaction of tail gas. 

"Closed-loop system" means an enclosed system that returns process fluid 

to the process and is not vented to the atmosphere except through a closedvent system. 

"Closed-vent system" means a system that is not open to atmosphere and 

that is composed of piping, connections, and, if necessary, flow-inducing 

devices that transport gas or vapor from a piece or pieces of equipment to a 

control device or back into the process. 

"Connector" means flanged, screwed, or other joined fittings used to 

connect two pipe lines or a pipe line and a piece of equipment. A common 

connector is a flange. Joined fittings welded completely around the 

circumference of the interface are not considered connectors for the purpose 

of this regulation. For the purpose of reporting and recordkeeping, connector 

means joined fittings that are not inaccessible, glass, or glass-lined as 

described in §XX.X2-13(i). 

"Control device" means an enclosed combustion device, vapor recovery 

system (including devices used for temporary recovery and ultimate disposal, 

such as carbon adsorption), or flare. 

"Double block and bleed system" means two block valves connected in 

series with a bleed valve or line that can vent the line between the two block 

valves. 

"Equipment" means each pump, compressor, agitator, pressure relief 

device, sampling connection system, open-ended valve or line, valve, 

connector, product accumulator vessel, and instrumentation system in VHAP 

service; and any control devices or systems required by this subpart. 

"First attempt at repair" means to take action for the purpose of 

stopping or reducing leakage of organic material to the atmosphere. 

"In food/medical service" means that a piece of equipment in VHAP 

service contacts a process stream used to manufacture a Food and Drug 

Administration regulated product where leakage of a barrier fluid into the 

process stream would cause any of the following: 
P.48 

Draft 12/6/90 

a) A dilution of product quality so that the product would not meet 

written specifications, 

b) An exothermic reaction which is a safety hazard, 

c) The intended reaction to be slowed down or stopped, or 

d) An undesired side reaction to occur. 

"In gas/vapor service" means that a piece of equipment in VHAP service 

contains a gas or vapor at operating conditions. 

"In heavy liquid service" means that a piece of equipment in VHAP 

service is not in gas/vapor service or in light liquid service. 

"In light liquid service" means that a piece of equipment in VHAP 

service contains a liquid that meets the following conditions: 

(a) The vapor pressure of one or more of the VHAPs is greater than 0.3 

kilopascals (kPa) at 20°C; 

(b) The total concentration of the pure VHAP constituents having a vapor 

pressure greater than 0.3 kPa at 20°C is equal to or greater than 20 percent 

by weight of the total process stream; and 

(c) The fluid is a liquid at operating conditions. 

[Note: Vapor pressures may be determined by the methods described in 

§60.485(e)(1).] 

"In liquid service" means that a piece of equipment in VHAP service is 

not in gas/vapor service. 

"In-situ sampling systems" means nonextractive samplers or in-line 

samplers. 

"Instrumentation system" means a group of equipment components used to 

condition and convey a sample of the process fluid to analysers and 

instruments for the purpose of determining process operating conditions (e.g., 

composition, pressure, flow, etc.). Valves and connectors are the predominant 

type of equipment used in instrumentation systems: however, other types of 

equipment may also be included in these systems. Only valves nominally 0.5 

inches and smaller and connectors nominally 0.75 inches and smaller in 

diameter are considered instrumentation systems for the purposes of this 

subpart. Valves greater than nominally 0.5 inches and connectors greater than 
P.49 

Draft 12/6/90 

nominally 0.75 inches associated with instrumentation systems are not 

considered part of instrumentation systems and must be monitored individually. 

"In vacuum service" means that equipment is operating at an internal 

pressure which is at least 5 kPa below ambient pressure. 

"In VHAP service" means that a piece of equipment either contains or 

contacts a fluid (liquid or gas) that is at least 5 percent by weight a 

volatile hazardous air pollutant (VHAP) as determined according to the 

provisions of §XX.X5(d). The provisions of §XX.X5(d) also specify how to 

determine that a piece of equipment is not in VHAP service. 

"In VOC service" means, for the purposes of this subpart, that (a) the 

piece of equipment contains or contacts a process fluid that is at least 10 

percent VOC by weight (see 40 CFR 60.2 for the definition of volatile organic 

compound or VOC and 40 CFR 60.485(d) to determine whether a piece of equipment 

is not in VOC service) and (b) the piece of equipment is not in heavy liquid 

service as defined in 40 CFR 60.481. 

"Liquids dripping" means any visible leakage from the seal including 

dripping, spraying, misting, clouding, and ice formation. Indications of 

liquid dripping include puddling or new stains that are indicative of an 

existing evaporated drip. 

"Miscellaneous butadiene use" means a process that produces one or more 

of the following butadiene products: tetrahydrophtalic andydride [THPA], 

methylmethacrylate-butadiene styrene [MBS] resins, Captan®, Captafol®, 1,4-

hexadiene, adiponitrile, dodecanedionic acid, butadiene-furfural cotrimer, 

methylmethacrylate acrylonitrile-butadiene styrene [MABS] resins, and 

ethylidene norbornene. 

"Nonrepairable" means that it is technically infeasible to repair a 

piece of equipment from which a leak has been detected without a process unit 

shutdown. 

"Open-ended valve or line" means any valve, except pressure relief 

valves, having one side of the valve seat in contact with process fluid and 

one side open to atmosphere, either directly or through open piping. 

"Pesticide production" means a process that uses one or more of the 

following chemicals as a reactant or a processing aid in the synthesis of a 
P.50 

Draft 12/6/90 

pesticide intermediate or product: carbon tetrachloride, ethylene dichloride, 

and methylene chloride. 

"Petroleum" means the crude oil or natural gas liquids removed from the 

earth and oils derived from tar sands, shale, and coal. 

"Petroleum refining process unit" means a process unit that for the 

purpose of producing transportation fuels (such as gasoline and diesel fuels), 

heating oils (such as distillate and residual fuel oils), or lubricants 

separates petroleum or separates, cracks, or reforms unfinished petroleum 

derivatives. Examples of such units include, but are not limited to, 

alkylation units, catalytic hydrotreating, catalytic hydrorefining, catalytic 

hydrocracking, catalytic reforming, catalytic cracking, crude distillation, 

and thermal processes. 

"Pharmaceutical production" means a process that synthesizes 

pharmaceutical intermediate or final products using carbon tetrachloride or 

methylene chloride as a reactant or process solvent. 

- "Plant site" means a contiguous or adjoining area under the control of a 

single owner or operator that contains one or more process units to which 

these standards apply. Plant site does not include those units to which these 

standards do not apply. 

"Polybutadiene production" means a process that produces polybutadiene 

through the polymerization of 1,3-butadiene. 

"Polymerizing monomer" means a molecule or compound usually containing 

carbon and of relatively low molecular weight and simple structure (e.g., 

hydrogen cyanide, acrylonitrile, styrene), which is capable of conversion to 

polymers, synthetic resins or elastomers by combination with itself due to 

heat generation caused by a pump mechanical seal surface, contamination by a 

seal fluid (e.g., organic peroxides or chemicals that will form organic 

peroxides), or a combination of both with the resultant polymer buildup 

causing rapid mechanical seal failure. 

"Pressure release" means the emission of materials resulting from the 

system pressure being greater than the set pressure of the pressure relief 

device. 
P.51 

Draft 12/6/90 

"Process unit" means equipment that uses or produces a VHAP or its 

derivatives as intermediates or final products, and is listed in §XX.X0(b) and 

(c). For the purpose of this regulation, process unit includes all equipment 

associated with the unit process operation (e.g., reactors, distillation, 

etc.), storage and transfer of feed material to the unit process operation and 

final or intermediate product from the unit process operation, and operations 

treating wastewater from the unit process operation. 

"Process unit shutdown" means a work practice or operational procedure 

that stops production from a process unit or part of a process unit during 

which it is technically feasible to clear process material from a process unit 

or part of a process unit consistent with safety constraints and during which 

repairs can be effected. An unscheduled work practice or operational 

procedure that stops production from a process unit or part of a process unit 

for less than 24 hours is not a process unit shutdown. An unscheduled work 

practice or operational procedure that would stop production from a process 

unit or part of a process unit for a shorter period of time than would be 

required to clear the process unit or part of the process unit of materials 

and start up the unit, and would result in greater emissions than delay of 

repair of leaking components until the next scheduled process unit shutdown, 

is not a process unit shutdown. The use of spare equipment and technically 

feasible bypassing of equipment without stopping production are not process 

unit shutdowns. 

"Product accumulator vessel" means any distillate receiver, bottoms 

receiver, surge control vessel, or product separator in VHAP service that is 

vented to the atmosphere either directly without first going through a 

pressure relief device or through a vacuum producing system. A product 

accumulator vessel is in VHAP service if the liquid or the vapor in the vessel 

is at least 5 percent by weight VHAP. 

"Repaired" means that equipment is adjusted, or otherwise altered, to 

eliminate a leak as defined in the applicable sections of this subpart. 

"Screwed connector" means a threaded pipe fitting where the threads are 

cut on the pipe wall and the fitting requires only two pieces to make the 

connection (i.e., the pipe and the fitting). 
P.52 

Draft 12/6/90 

"Semiannual" means a 6-month period; the first semiannual period 

concludes on the last day of the last month during the 180 calendar days 

following initial startup for new sources; and the first semiannual period 

concludes on the last day of the last month during the 180 calendar days after 

the effective date of a specific subpart that references this subpart for 

existing sources unless an earlier month is designated by the owner or 

operator. 

"Sensor" means a device that measures a physical quantity or the change 

in a physical quantity, such as temperature, pressure, flow rate, pH, or 

liquid level. 

"Set pressure" means the pressure at which a properly operating pressure 

relief device begins to open to relieve atypical process system operating 

pressure. 

"Startup" means the setting in operation of a process unit or control 

device. 

"Styrene-butadiene rubber production" means a process that produces 

styrene-butadiene copolymers, whether in solid (elastomer) or emulsion (latex) 

form. 

"Volatile hazardous air pollutant" or "VHAP" means a substance listed in 

§XX.X8-1. 

§XX.X2-1 Standards: General. 

(a) Each owner or operator subject to the provisions of this subpart 

shall demonstrate compliance with the requirements of §XX.X2-1 to §XX.X2-13 

for each new and existing source as required in 40 CFR 61.05, except as 

provided in §XX.X3 and §XX.X4. 

(b) Compliance with this subpart will be determined by review of 

records, review of performance test results, and inspection using the methods 

and procedures specified in §XX.X5. 

(c)(1) An owner or operator may request a determination of alternative 

means of emission limitation to the requirements of §XX.X2-2, §XX.X2-3, 

§XX.X2-5, §XX.X2-6, §XX.X2-7, §XX.X2-8, §XX.X2-9, §XX.X2-11, §XX.X2-12, and 

§XX.X2-13 as provided in §XX.X4. 
P.53 

Draft 12/6/90 

(2) If the Administrator makes a determination that a means of emission 

limitation is a permissible alternative to the requirements of §XX.X2-2, 

§XX.X2-3, §XX.X2-5, §XX.X2-6, §XX.X2-7, §XX.X2-8, §XX.X2-9, §XX.X2-11, §XX.X2-

12, or §XX.X2-13, the owner or operator shall comply with the alternative. 

(d) Each piece of equipment in a process unit to which this subpart 

applies shall be identified such that it can be distinguished readily from 

equipment that is not subject to this subpart. Identification of the 

equipment does not require physical tagging of the equipment. For example, 

the equipment may be identified on a plant site plan, in log entries, or by 

designation of process unit boundaries by some form of weatherproof 

identification. 

(e) Equipment that is in vacuum service is excluded from the 

requirements of §XX.X2-2 to §XX.X2-13 if it is identified as required in 

§XX.X6(b)(5). 

(f) Equipment that is in VHAP service less than 300 hours per calendar 

year is excluded from the requirements of §XX.X2-2 to §XX.X2-13 and §XX.X4-2 

if it is identified as required in §XX.X6(b)(7). 

(g) The provisions for existing process units apply to process units 

that commenced construction or reconstruction before fdate of proposal in 

the FEDERAL REGISTERI : the provisions for new process units apply to units 

the construction or reconstruction of which commences on or after [date of 

proposal in the FEDERAL REGISTERI . 

§XX.X2-2 Standards: Pumps in light liquid service. 

(a) The provisions of this section apply to each pump that is in light 

liquid service. 

(1) The provisions are implemented on the specified applicability dates 

designated in §XX.X0(b) for existing and new process units in the phases 

specified below: 

(i) For each group of existing process units, the phases of the standard 

are: 

(A) Phase I, beginning on the applicability date; 

(B) Phase II, beginning 1 year after the applicability date, and 

(C) Phase III, beginning 2 1/2 years after the applicability date. 
P.54 

Draft 12/6/90 

(ii) For new process units, the applicable phases of the standard are: 

(A) After initial startup, comply with the Phase II requirements. 

(B) Beginning 1 year after startup, comply with the Phase III 

requirements. 

(2) The owner or operator of an affected process unit may elect to meet 

the requirements of a later phase during the time period specified for an 

earlier phase. 

(b)(1) The owner or operator of an affected process unit shall monitor 

each pump monthly to detect leaks by the method specified in §XX.X5(b) and 

shall comply with the requirements of paragraphs (a) through (d) of this 

section, except as provided in §XX.X2-l(c) and paragraphs (e)through (h) of 

this section. 

(2) The instrument reading, as determined by the method as specified in 

§XX.X5(b), that defines a leak in each phase of the standard is: 

(i) For Phase I, an instrument reading of 10,000 ppm or greater, 

(ii) For Phase II, an instrument reading of 5,000 ppm or greater, 

(iii) For Phase III, an instrument reading of 

(A) 5,000 ppm or greater for pumps handling polymerizing monomers, 

(B) 2,000 ppm or greater for pumps in food/medical service, and 

(C) 1,000 ppm or greater for all other pumps. 

(3) Each pump shall be checked by visual inspection each calendar week 

for indications of liquids dripping from the pump seal. If there are 

indications of liquids dripping from the pump seal, a leak is detected. 

(c)(1) When a leak is detected, it shall be repaired as soon as 

practicable, but not later than 15 calendar days after it is detected, except 

as provided in paragraph (c)(3) of this section or §XX.X2-10. 

(2) A first attempt at repair shall be made no later than 5 calendar 

days after the leak is detected. First attempts at repair include, but are 

not limited to, the following practices where practicable: 

(i) Tightening of packing gland nuts. 

(ii) Ensuring that the seal flush is operating at design pressure and 

temperature. 

10 
P.55 

Draft 12/6/90 

(3) For pumps in Phase III to which a 1,000 ppm leak definition applies, 

repair is not required unless an instrument reading of 2,000 ppm or greater is 

detected. 

(d)(1) The owner or operator shall decide no later than the first 

monitoring period whether to calculate percent leaking pumps on a process unit 

basis or on a plant site basis. Once the owner or operator has decided, all 

subsequent percent calculations shall be made on the same basis. 

(2) In Phase III, if, calculated on a 6-month rolling average, the 

greater of either 10 percent of the pumps in a process unit (or plant site) or 

3 pumps in a process unit (or plant site) leak, the owner or operator shall 

implement a quality improvement program for pumps that complies with the 

requirements of §XX.X3-2. 

(3) The number of pumps at a process unit (or plant site) shall be the 

sum of all the pumps in VHAP service, except that pumps found leaking in a 

continuous process unit within 1 month after startup shall not count in the 

percent leaking pumps calculation for that one monitoring period only. 

(4) Percent leaking pumps shall be determined by the following equation: 

%PL - ((PL - PS)/(PT - Ps)) X 100 

where 

%PL = percent leaking pumps 

PL = number of pumps found leaking as determined through monthly 

monitoring as required in paragraphs (b)(1) and (2) of this 

section 

PT = Total pumps in VHAP service, including those meeting the 

criteria in paragraphs (e) and (f) of this section 

Ps = number of pumps leaking within 1 month of startup during the 

current monitoring period 

(e) Each pump equipped with a dual mechanical seal system that includes 

a barrier fluid system is exempt from the requirements of paragraph (b) of 

this section, provided the following requirements are met: 

(1) Each dual mechanical seal system is: 

(i) Operated with the barrier fluid at a pressure that is at all times 

greater than the pump stuffing box pressure; or 

11 
P.56 

Draft 12/6/90 

(ii) Equipped with a barrier fluid degassing reservoir that is connected 

by a closed-vent system to a control device that complies with the 

requirements of §XX.X2-11; or 

(iii) Equipped with a closed-loop system that purges the barrier fluid 

into a process stream. 

(2) The barrier fluid is not in light-liquid VHAP service. 

(3) Each barrier fluid system is equipped with a sensor that will detect 

failure of the seal system, the barrier fluid system, or both. 

(4) Each pump is checked by visual inspection each calendar week for 

indications of liquids dripping from the pump seal. 

(i) If there are indications of liquid dripping from the pump seal at 

the time of the weekly inspection, the pump shall be monitored as specified in 

§XX.X5(b) to determine the presence of VHAP in the barrier fluid. 

(ii) If an instrument reading of 1,000 ppm or greater is measured, a 

leak is detected. 

(5) Each sensor as described in paragraph (e)(3) of this section is 

observed daily or is equipped with an alarm unless the pump is located within 

the boundary of an unmanned plant site. 

(6)(i) The owner or operator determines, based on design considerations 

and operating experience, criteria applicable to the presence and frequency of 

drips and to the sensor that indicates failure of the seal system, the barrier 

fluid system, or both. 

(ii) If indications of liquids dripping from the pump seal exceed the 

criteria established in paragraph (6)(i), or if, based on the criteria 

established in paragraph (6)(i), the sensor indicates failure of the seal 

system, the barrier fluid system, or both, a leak is detected. 

(iii) When a leak is detected, it shall be repaired as soon as 

practicable, but not later than 15 calendar days after it is detected, except 

as provided in §XX.X2-10. 

(iv) A first attempt at repair shall be made no later than 5 calendar 

days after each leak is detected. 

12 
P.57 

Draft 12/6/90 

(f) Any pump that is designed with no externally actuated shaft 

penetrating the pump housing is exempt from paragraphs (b)(1) and (2) of this 

section. 

(g) Any pump equipped with a closed-vent system capable of capturing and 

transporting any leakage from the seal or seals to a control device that 

complies with the requirements of §XX.X2-11 is exempt from the requirements of 

paragraphs (b)-(e). 

(h) Any pump that is located within the boundary of an unmanned plant 

site is exempt from the weekly visual inspection requirement of paragraphs 

(b)(3) and (e)(4) of this section, and the daily requirements of paragraph 

(e)(5) of this section, provided that each pump is visually inspected as often 

as practicable and at least monthly. 

§XX.X2-3 Standards: Compressors. 

(a) Each compressor shall be equipped with a seal system that includes a 

barrier fluid system and that prevents leakage of process fluid to atmosphere, 

except as provided in §XX.X2-l(c) and paragraphs (h) and (i) of this section. 

(b) Each compressor seal system as required in paragraph (a) shall be: 

(1) Operated with the barrier fluid at a pressure that is greater than 

the compressor stuffing box pressure; or 

(2) Equipped with a barrier fluid system that is connected by a 

closed-vent system to a control device that complies with the requirements of 

§XX.X2-11; or 

(3) Equipped with a closed-loop system that purges the barrier fluid 

directly into a process stream. 

(c) The barrier fluid shall not be in light liquid service. 

(d) Each barrier fluid system as described in paragraphs (a) through (c) 

of this section shall be equipped with a sensor that will detect failure of 

the seal system, barrier fluid system, or both. 

(e)(1) Each sensor as required in paragraph (d) shall be observed daily 

or shall be equipped with an alarm unless the compressor is located within the 

boundary of an unmanned plant site. 

13 
P.58 

Draft 12/6/90 

(2) The owner or operator shall determine, based on design 

considerations and operating experience, a criterion that indicates failure of 

the seal system, the barrier fluid system, or both. 

(f) If the sensor indicates failure of the seal system, the barrier 

fluid system, or both based on the criterion determined under paragraph (e)(2) 

of this section, a leak is detected. 

(g)(1) When a leak is detected, it shall be repaired as soon as 

practicable, but not later than 15 calendar days after it is detected, except 

as provided in §XX.X2-10. 

(2) A first attempt at repair shall be made no later than 5 calendar 

days after each leak is detected. 

(h) A compressor is exempt from the requirements of paragraphs (a) and 

(b) of this section if it is equipped with a closed-vent system capable of 

capturing and transporting any leakage from the seal to a control device that 

complies with the requirements of §XX.X2-11, except as provided in paragraph 

(i) Any compressor that is designated, as described in §XX.X6(b)(2) to 

operate as indicated by an instrument reading of less than 500 ppm above 

background is exempt from the requirements of paragraphs (a) through (h) of 

this section if the compressor: 

(1) Is demonstrated to be operating with an instrument reading of less 

than 500 ppm above background, as measured by the method specified in 

§XX.X5(c); and 

(2) Is tested for compliance with paragraph (i)(l) initially upon 

designation, annually, and at other times requested by the Administrator. 

§XX.X2-4 Standards: Pressure relief devices in gas/vapor service. 

(a) Except during pressure releases, each pressure relief device in 

gas/vapor service shall be operated with an instrument reading of less than 

500 ppm above background except as provided in paragraph (b) of this section, 

as measured by the method specified in §XX.X5(c). 

(b)(1) After each pressure release, the pressure relief device shall be 

returned to a condition indicated by an instrument reading of less than 500 

14 
P.59 

Draft 12/6/90 

ppm above background, as soon as practicable, but no later than 5 calendar 

days after each pressure release, except as provided in §XX.X2-10. 

(2) No later than 5 calendar days after the pressure release, the 

pressure relief device shall be monitored to confirm the condition indicated 

by an instrument reading of less than 500 ppm above background, as measured by 

the method specified in §XX.X5(c). 

(c) Any pressure relief device that is equipped with a closed-vent 

system capable of capturing and transporting leakage from the pressure relief 

device to a control device as described in §XX.X2-11 is exempt from the 

requirements of paragraphs (a) and (b) of this section. 

§XX.X2-5 Standards: Sampling connection systems. 

(a) Each sampling connection system shall be equipped with a 

closed-purge, closed-loop, or closed vent system, except as provided in 

§XX.X2-l(c). 

(b) Each closed-purge, closed-loop, or closed vent system as required in 

paragraph (a) shall: 

(1) Return the purged process fluid directly to the process line ; or 

(2) Collect and recycle the purged process fluid ; or 

(3) Be designed and operated to capture and transport all the purged 

process fluid to a control device that complies with the requirements of 

§XX.X2-11. 

(c) In-situ sampling systems are exempt from the requirements of 

paragraphs (a) and (b). 

§XX.X2-6 Standards: Open-ended valves or lines. 

(a)(1) Each open-ended valve or line shall-be equipped with a cap, blind 

flange, plug, or a second valve, except as provided in §XX.X2-l(c). 

(2) 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 or repair. 

(b) 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. 

15 
P.60 

Draft 12/6/90 

(c) 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 (a) of this section 

at all other times. 

§XX.X2-7 Standards: Valves in gas/vapor service and in light liquid service. 

(a) The provisions of this section apply to valves that are either in 

gas service or in light liquid service. 

(1) The provisions are implemented on the specified applicability dates 

set forth in §XX.X0(b) for existing and new process units in the phases 

specified below: 

(i) For each group of existing process units, the phases of the standard 

are: 

(A) Phase I, beginning on the applicability date; 

(B) Phase II, beginning 1 year after the applicability date; and 

(C) Phase III, beginning 2 1/2 years after the applicability date, 

(ii) For new process units, the applicable phases of the standard are: 

(A) After initial startup, comply with the Phase II requirements. 

(B) Beginning 1 year after startup, comply with the Phase III 

requirements. 

(2) The owner or operator of an affected process unit may elect to meet 

the requirements of a later phase during the time period specified for an 

earlier phase. 

(b) The owner or operator of an affected process unit shall monitor all 

valves, except as provided in §§XX.X2-l(c), and (h) and (i) of this section, 

at the intervals specified in paragraphs (c) and (d) of this section and shall 

comply with all other provisions of this section, except as provided in 

§XX.X2-10, §XX.X4-1, §XX.X4-2, and §XX.X4-3. 

(1) The valves shall be monitored to detect leaks by the method 

specified in §XX.X5(b). 

(2) The instrument reading that defines a leak in each phase of the 

standard is: 

(i) For Phase I, an instrument reading of 10,000 ppm or greater, 

(ii) For Phase II, an instrument reading of 500 ppm or greater. 

16 
P.61 

Draft 12/6/90 

(iii) For Phase III, an instrument reading of 500 ppm or greater. 

(c) In Phases I and II, each valve shall be monitored quarterly. 

(d) In Phase III, the owner or operator shall monitor valves for leaks 

at the intervals specified below: 

(1) At process units with 2 percent or greater leaking valves, 

calculated as a rolling average of 2 consecutive periods, the owner or 

operator shall either: 

(i) Monitor each valve once per month; or 

(ii) Within the first year after the onset of Phase III, implement a 

quality improvement program for valves that complies with the requirements of 

§XX.X3-1 and monitor quarterly. 

(2) At process units with less than 2 percent leaking valves, the owner 

or operator shall monitor each valve once each quarter, except as provided in 

the following paragraphs (3) and (4). 

(3) At process units with less than 1 percent leaking valves, the owner 

or operator may elect to monitor each valve once every 2 quarters. 

(4) At process units with less than 0.5 percent leaking valves, the 

owner or operator may elect to monitor each valve once every 4 quarters. 

(e)(1) Percent leaking valves at a process unit shall be determined by 

the following equation: 

%VL = (VL/(VT + Vc)) X 100 

where 

%VL = percent leaking valves 

VL = number of valves found leaking excluding nonrepairables as 

provided in paragraph (e)(3)(i) of this section 

VT = Total valves monitored 

Vc = Optional credit for removed valves = 0.67 X net number (i.e., 

total removed - total added) of valves in VHAP service removed 

from process unit after the applicability date set forth in 

§XX.X0(b) for existing process units, and after the date of 

startup for new process units. If credits are not taken, then 

Vc = 0. 

17 
P.62 

Draft 12/6/90 

(2) For use in determining monitoring frequency, as specified in 

paragraph (d) of this section, the percent leaking valves shall be calculated 

as a rolling average of 2 consecutive monitoring periods for monthly, 

quarterly, or semiannual monitoring programs; and as an average of any 3 out 

of 4 consecutive monitoring periods for annual monitoring programs. 

(3)(i) Nonrepairable valves shall be included in the calculation of 

percent leaking valves the first time the valve is identified as leaking and 

nonrepairable and as required to comply with paragraph (e)(3)(ii) of this 

section. Otherwise, a number of nonrepairable valves (identified and included 

in the percent leaking calculation in a previous period) up to a maximum of 1 

percent of the total number of valves in VHAP service at a process unit may be 

excluded from calculation of percent leaking valves for subsequent monitoring 

periods. 

(ii) If the number of nonrepairable valves exceeds 1 percent of the 

total number of valves in VHAP service at a process unit, the number of 

nonrepairable valves exceeding 1 percent of the total number of valves in VHAP 

service shall be included in the calculation of percent leaking valves. 

(f)(1) When a leak is detected, it shall be repaired as soon as practicable, 

but no later than 15 calendar days after the leak is detected, except as 

provided in §XX.X2-10. 

(2) A first attempt at repair shall be made no later than 5 calendar 

days after each leak is detected. 

(3) When a leak is repaired, the valve shall be monitored at least once 

within the first three months after its repair. 

(g) First attempts at repair include, but are not limited to, the 

following practices where practicable: 

(1) Tightening of bonnet bolts; 

(2) Replacement of bonnet bolts; 

(3) Tightening of packing gland nuts; and 

(4) Injection of lubricant into lubricated packing. 

(h) Any valve that is designated, as described in §XX.X6(i)(1), as an 

unsafe-to-monitor valve is exempt from the requirements of paragraph (b) 

through (d) of this section if: 

18 
P.63 

Draft 12/6/90 

(1) The owner or operator of the valve determines that the valve is 

unsafe to monitor because monitoring personnel would be exposed to an 

immediate danger as a consequence of complying with paragraph (b) through (d) 

of this section; and 

(2) The owner or operator of the valve has a written plan that requires 

monitoring of the valve as frequently as practicable during safe-to-monitor 

times. 

(i) Any valve that is designated, as described in §XX.X6(i)(2), as a 

difficult-to-monitor valve is exempt from the requirements of paragraph (b) 

through (d) of this section if: 

(1) The owner or operator of the valve determines that the valve cannot 

be monitored without elevating the monitoring personnel more than 2 meters 

above a support surface; 

(2) The process unit within which the valve is located is an existing 

process unit; and 

(3) The owner or operator of the valve follows a written plan that 

requires monitoring of the valve at least once per calendar year. 

(j) Any equipment located at a plant site with fewer than 250 valves in 

VHAP service is exempt from the requirements of paragraph (d)(1) of this 

section. Except as provided in paragraphs (h) and (i) of this section, the 

owner or operator shall monitor each valve in VHAP service for leaks once each 

quarter, or comply with paragraphs (d)(3) or (d)(4) of this section. 

§XX.X2-8 Standards: Pumps, valves, connectors, and agitators in heavy liquid 

service; instrumentation systems; and pressure relief devices in liquid 

service. 

(a) Pumps, valves, connectors, and agitators in heavy liquid service, 

pressure relief devices in light liquid or heavy liquid service, and 

instrumentation systems shall be monitored within 5 calendar days by the 

method specified in §XX.X5(b) if evidence of a potential leak is found by 

visual, audible, olfactory, or any other detection method, except as provided 

in §XX.X2-l(c). If a potential leak in an instrumentation system is repaired 

as required in paragraphs (c) and (d) of this section, it is not necessary to 

monitor the system for leaks by the method specified in §XX.X5(b). 

19 
P.64 

Draft 12/6/90 

(b) If an instrument reading of 10,000 ppm or greater for agitators, 

1,000 ppm or greater for pumps, or 500 ppm or greater for valves, connectors, 

instrumentation systems, and pressure relief devices is measured, a leak is 

detected. 

(c)(1) When a leak is detected, it shall be repaired as soon as 

practicable, but not later than 15 calendar days after it is detected, except 

as provided in §XX.X2-10. 

(2) The first attempt at repair shall be made no later than 5 calendar 

days after each leak is detected. 

(3) For instrumentation systems that are not monitored by the method 

specified in §XX.X5(b), repaired shall mean that the visual, audible, 

olfactory, or other indications of a leak have been eliminated; that no 

bubbles are observed at potential leak sites during a leak check using soap 

solution; or that the system will hold a test pressure. 

(d) First attempts at repair include, but are not limited to, the best 

practices described under §XX.X2-7(e). 

§XX.X2-9 Standards: Product accumulator vessels. 

(a) Each product accumulator vessel shall be equipped with a closed-vent 

system capable of capturing and transporting any leakage from the vessel to a 

control device as described in §XX.X2-11, except as provided in §XX.X2-l(c). 

§XX.X2-10 Standards: Delay of repair. 

(a) Delay of repair of equipment for which leaks have been detected is 

allowed if the repair is technically infeasible without a process unit 

shutdown. Repair of this equipment shall occur by the end of the next process 

unit shutdown. 

(b) Delay of repair of equipment for which leaks have been detected is 

allowed for equipment that is isolated from the process and that does not 

remain in VHAP service. 

(c) Delay of repair for valves, connectors, and agitators is also 

allowed if: 

(1) The owner or operator determines that emissions of purged material 

resulting from immediate repair would be greater than the fugitive emissions 

likely to result from delay of repair, and 

20 
P.65 

Draft 12/6/90 

(2) When repair procedures are effected, the purged material is 

collected and destroyed or recovered in a control device complying with 

§XX.X2-11. 

(d) Delay of repair for pumps is also allowed if: 

(1) Repair requires replacing a single mechanical seal system with 

(i) A dual mechanical seal system that meets the requirements of §XX.X2-

2(e), 

(ii) a pump that meets the requirements of §XX.X2-2(f), or 

(iii) a closed-vent system control device that meets the requirements of 

§XX.X2-2(g), and 

(2) Repair is completed as soon as practicable, but not later than 6 

months after the leak was detected. 

(e) Delay of repair beyond a process unit shutdown will be allowed for a 

valve if valve assembly replacement is necessary during the process unit 

shutdown, valve assembly supplies have been depleted, and valve assembly 

supplies had been sufficiently stocked before the supplies were depleted. 

Delay of repair beyond the next process unit shutdown will not be allowed 

unless the next process unit shutdown occurs sooner than 6 months after the 

first process unit shutdown. 

§XX.X2-11 Standards: Closed-vent systems and control devices. 

(a) Owners or operators of closed-vent systems and control devices used 

to comply with provisions of this subpart shall comply with the provisions of 

this section, except as provided in §XX.X2-l(c). 

(b) Vapor recovery systems (for example, condensers and adsorbers) shall 

be designed and operated to recover the organic emissions vented to them with 

an efficiency of 95 percent or greater. 

(c) Enclosed combustion devices shall be designed and operated to reduce 

the organic emissions vented to them with an efficiency of 95 percent or 

greater or to provide a minimum residence time of 0.50 seconds at a minimum 

temperature of 760°C. 

(d) Flares used to comply with this subpart shall comply with the 

requirements of §60.18. 

21 
Draft 12/6/90 

(e) Owners or operators of control devices that are used to comply with 

the provisions of this subpart shall monitor these control devices to ensure 

that they are operated and maintained in conformance with their design. 

(f)(1) Closed-vent systems shall be designed for and operated with an 

instrument reading of less than 500 ppm above background and by visual 

inspections, as determined by the methods specified as §XX.X5(c). 

(2) Closed-vent systems shall be monitored to determine compliance with 

this section initially in accordance with §61.05, annually, and at other times 

requested by the Administrator, except equipment components on closed vent 

systems meeting the descriptions in §XX.X2-7(h) and §XX.X2-13(f) through (h) 

shall meet the requirements of those sections. 

(3) Leaks, as indicated by an instrument reading greater than 500 ppm 

above background and visual inspections, shall be repaired as soon as 

practicable, but not later than 15 calendar days after the leak is detected. 

(4) A first attempt at repair shall be made no later than 5 calendar 

days after the leak is detected. 

(g) Whenever VHAP emissions are vented to a closed-vent system or 

control device used to comply with the provisions of this subpart, such system 

or control device shall be operating. 

§XX.X2-12 Standards: Agitators in gas/vapor service and in light liquid 

service. 

(a)(1) Each agitator shall be monitored monthly to detect leaks by the 

methods specified in §XX.X5(b), except as provided in §XX.X2-l(c). 

(2) Each agitator shall be checked by visual inspection each calendar 

week for indications of liquids dripping from the agitator. 

(b)(1) If an instrument reading of 10,000 ppm or greater is measured, a 

leak is detected. 

(2) If there are indications of liquids dripping from the agitator, a 

leak is detected. 

(c)(1) When a leak is detected, it shall be repaired as soon as 

practicable, but not later than 15 calendar days after it is detected, except 

as provided in §XX.X2-10. 

22 
P.67 

Draft 12/6/90 

(2) A first attempt at repair shall be made no later than 5 calendar 

days after each leak is detected. 

(d) Any agitator equipped with a closed-vent system capable of capturing 

and transporting any leakage from the seal or seals to a control device that 

complies with the requirements of §XX.X2-11 is exempt from the requirements of 

paragraphs (a)-(c). 

§XX.X2-13 Standards: Connectors in Gas/Vapor Service and in Light Liquid 

Service. 

(a) The owner or operator of an affected process unit shall monitor all 

connectors in gas/vapor and light liquid service, except as provided in 

§§XX.X2-l(c), and (f) through (h) of this section, at the intervals specified 

in paragraph (b) of this section. 

(1) The connectors shall be monitored to detect leaks by the method 

specified in §XX.X5(b). 

(2) If an instrument reading greater than or equal to 500 ppm is 

measured, a leak is detected. 

(b) The owner or operator shall monitor for leaks at the intervals 

specified below. 

(1) Within the first 12 months after the specified applicability dates 

described in §XX.X0(b) for each group of existing process units, the owner or 

operator shall monitor all connectors, except as provided in paragraphs (f) 

through (h) of this section. 

(2) Within the first 12 months after the beginning of startup or within 

12 months after (date of promulgation) , whichever is later, for new process 

units, the owner or operator shall monitor all connectors, except as provided 

in paragraphs (f) through (h) of this section. 

(3) After conducting the initial survey required in paragraph (b)(1) of 

this section, the owner or operator shall perform all subsequent monitoring of 

connectors at the following frequencies, except as provided in paragraph 

(c)(2) of this section: 

(i) Once per calendar year, if the percent leaking connectors in the 

process unit was 0.5 percent or greater during the last required monitoring 

period. 

23 
P.68 

Draft 12/6/90 

(ii) Once every two calendar years, if the percent leaking connectors 

was less than 0.5 percent during the last required monitoring period. An 

owner or operator may comply with this paragraph by monitoring at least 40 

percent of the connectors in the first year and the remainder of the 

connectors in the second year. The percent leaking connectors will be 

calculated for the total of all monitoring performed during the two-year 

period. 

(iii) If the owner or operator of a process unit in a biennial leak 

detection and repair program calculates less than 0.5 percent leaking 

connectors from the 2-year monitoring period, the owner or operator may 

monitor the connectors 1 time every 4 years. An owner or operator may comply 

with the requirements of this paragraph by monitoring at least 20 percent of 

the connectors each year until all connectors have been monitored within 4 

years. 

(iv) If a process unit complying with the requirements of paragraph (b) 

using a 4 year monitoring interval program has greater than or equal to 0.5 

percent but less than 1 percent leaking connectors, the owner or operator 

shall increase the monitoring frequency to 1 time every 2 years. An owner or 

operator may comply with the requirements of this paragraph by monitoring at 

least 40 percent of the connectors in the first year and the remainder of the 

connectors in the second year. The owner or operator may again elect to use 

the provisions of paragraph (b)(3)(iii) when the percent leaking connectors 

decreases to less than 0.5 percent. 

(v) If a process unit complying with requirements of paragraph (b) using 

a 4 year monitoring interval program has 1 percent or greater leaking 

connectors, the owner or operator shall increase the monitoring frequency to 1 

time per year. The owner or operator may again elect to use the provisions of 

paragraph (b)((3)(iii)) when the percent leaking connectors decreases to less 

than 0.5 percent. 

(4) After (date of proposal) , if an owner or operator eliminates a 

connector subject to monitoring under paragraph (b) of this section either by 

welding it completely around the circumference of the interface or by 

physically removing the connector and welding the pipe together, the owner or 

24 
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Draft 12/6/90 

operator shall check the integrity of the weld by monitoring it according to 

the procedures in §XX.X5(b) or by testing using X-ray, acoustic monitoring, 

hydrotesting, or other applicable method. Welds created after (date of 

proposal) but before (date of promulgation) shall be monitored or tested by 

(3 months after promulgation) ; welds created after (date of promulgation) 

shall be monitored or tested within 3 months after being welded. If an 

inadequate weld is found or the connector is not welded completely around the 

circumference, the connector is not considered a welded connector as described 

in §XX.X1, and is therefore not exempt from the provisions of this subpart. 

Connectors welded on or after (date of proposal) can count as connectors 

removed from the process and be eligible for removed connector credits as 

described in paragraph (i) of this section. 

(c)(l)(i) Except as provided in (c)(l)(ii) of this paragraph, each 

connector that has been opened or has otherwise had the seal broken shall be 

monitored for leaks within the first 3 months after being returned to VHAP 

service, including those determined to be nonrepairable prior to process unit 

shutdown. If the followup monitoring detects a leak, it shall be repaired 

according to the provisions of paragraph (d) of this section, unless it is 

determined to be nonrepairable, in which case it is counted as a nonrepairable 

for the purposes of paragraph (i)(2) of this section. 

(ii) As an alternative to the requirements in (c)(l)(i) of this 

paragraph, and owner or operator may choose to calculate percent leaking 

connectors for the monitoring periods described in paragraph (b) of this 

section, by setting the nonrepairable component, CN, in the equation in 

paragraph (i)(2) of this section to zero for all monitoring periods. 

(iii) An owner or operator may switch alternatives described in 

(c)(1)(i) and (ii) at the end of the current monitoring period he is in, 

provided that he notify the Administrator as required in §XX.X7(b)(7) and 

begin the new alternative in annual monitoring. The initial monitoring in the 

new alternative shall be completed no later than 12 months after notification 

of the Administrator of the switch. 

25 
P.70 

Draft 12/6/90 

(2) As an alternative to the requirements of paragraph (b)(3) of this 

section, each screwed connector 2 inches or less installed in a process unit 

before (date of proposal) may 

(i) Comply with the requirements of §XX.X2-8, and 

(ii) Be monitored for leaks within the first three months after being 

returned to VHAP service after having been opened or otherwise had the seal 

broken. If the followup monitoring detects a leak, it shall be repaired 

according to the provisions of paragraph (d) of this section. 

(d) When a leak is detected, it shall be repaired as soon as 

practicable, but no later than 15 calendar days after the leak is detected, 

except as provided in paragraph (g) of this section and in §XX.X2-10. A first 

attempt at repair shall be made no later than 5 calendar days after the leak 

is detected. 

(e) If a leak is detected, the connector shall be monitored for leaks 

within the first three months after its repair. 

(f) Any connector that is designated, as described in §XX.X6(i)(l), as 

an unsafe-to-monitor connector is exempt from the requirements of paragraph 

(a) if: 

(1) The owner or operator determines that the connector is unsafe-tomonitor because personnel would be exposed to an immediate danger as a result 

of complying with paragraphs (a) through (e) of this section; and 

(2) The owner or operator has a written plan that requires monitoring of 

the connector as frequent as practicable during safe to monitor periods. 

(g) Any connector that is designated, as described in §XX.X6(i)(3), as 

an unsafe-to-repair connector is exempt from the requirements of paragraphs 

(a), (d), and (e) of this section if: 

(1) The owner or operator determines that repair personnel would be 

exposed to an immediate danger as a consequence of complying with paragraph 

(d) of this section; and 

(2) The connector will be repaired before the end of the next scheduled 

process unit shutdown. 

(h)(1) Any connector that is designated, as decribed in §XX.X6(i)(4), as 

inaccessible, or is glass or glass-lined is exempt from the monitoring 

26 
P.71 

Draft 12/6/90 

requirements of paragraph (a) of this section and from the recordkeeping and 

reporting requirements of §XX.X6 and §XX.X7. An inaccessible connector is one 

that is 

(A) Buried, 

(B) Insulated in a manner that prevents access to the connector by a 

monitor probe, 

(C) Obstructed by equipment or piping that prevent access to the 

connector by a monitor probe, or 

(D) Cannot be reached from a 25-foot portable scaffold on the ground, 

and is greater than 2 meters above a support surface. 

(2) If any inaccessible, or glass or glass-lined connector is observed 

by visual, audible, olfactory, or other means to be leaking, the leak shall be 

repaired as soon as practicable, but no later than 15 calendar days after the 

leak is detected, except as provided in §XX.X2-10 and paragraph (g) of this 

section. 

(3) A first attempt at repair shall be made no later than 5 calendar 

days after the leak is detected. 

(i) For use in determining the monitoring frequency, as specified in 

paragraph (b) of this section, the percent leaking connectors shall be 

calculated as follows: 

(1) For the first monitoring period, use the following equation: 

% CL = CL/(Ct + Cc) x 100 

Where 

% CL = percent leaking connectors 

CL = number of connectors measured at 500 ppm or greater, by 

the method specified in §XX.X5(b) 

Ct = total number of monitored connectors in the process unit 

Cc = Optional credit for removed connectors = 0.67 X net 

(i.e., total removed - total added) number of connectors 

in VHAP service removed from the process unit after the 

applicability date set forth in §XX.X0(b) for existing 

process units, and after the date of startup for new 

process units. If credits are not taken, then Cc = 0. 

27 
P.72 

Draft 12/6/90 

(2) For subsequent monitoring periods, use the following equation: 

% CL - [(CL - CAN)/(Ct + Cc)] x 100 

Where 

% CL = percent leaking connectors 

CL = number of connectors, including nonrepairables, 

measured at 500 ppm or greater, by the method 

specified in §XX.X5(b) 

CAN = number of allowable nonrepairable connectors, as 

determined by monitoring required in paragraphs 

(b)(3) and (c) of this section, not to exceed 2 

percent of the total connector population, Ct 

Ct = total number of monitored connectors, including 

nonrepairables, in the process unit. 

Cc = Optional credit for removed connectors = 0.67 X net 

number (i.e., total removed - total added) of 

connectors in VHAP service removed from the process 

unit after the applicability date set forth in 

§XX.X0(b) for existing process units, and after the 

date of startup for new process units. If credits 

are not taken, then Cc = 0. 

§XX.X3-1 Quality Improvement Program (QIP) for Valves. 

(a) In Phase III, to comply with the requirements in §XX.X2-7(d)(l)(ii), 

an owner or operator may elect to comply with one of the alternative quality 

improvement programs specified in paragraphs (d) and (e) of this section. The 

decision to use one of these alternative provisions to comply with the 

requirements of §XX.X2-7(d)(l)(ii) must be made during the first year of Phase 

III for existing process units and for new process units. 

(b) An owner or operator of a process unit subject to the requirements 

of paragraphs (d) or (e) of this section shall comply with those requirements 

until the process unit has fewer than 2 percent leaking valves, calculated as 

a rolling average of 2 consecutive quarters as specified in §XX.X2-7(e). 

(c) After the process unit has fewer than 2 percent leaking valves, the 

owner or operator may elect to comply with the requirements in §XX.X2-7, to 

28 
P.73 

Draft 12/6/90 

continue to comply with the requirements in paragraph (e) [or (d), if 

appropriate] of this section, or both. If the owner or operator elects to 

continue the QIP, the owner or operator is exempt from the requirements for 

performance trials as specified in paragraph (e)(6) of this section, or 

further progress as specified in paragraph (d)(4) of this section, as long as 

the process unit has fewer than 2 percent leaking valves. If the owner or 

operator elects to comply with both paragraph (e) of this section and §XX.X2-

7, he may also take advantage of the lower monitoring frequencies associated 

with lower leak rates in §XX.X2-7. If the owner or operator elects not to 

continue QIP, the QIP is no longer an option if the process unit again exceeds 

2 percent leaking valves, and in such case, monthly monitoring will be 

required. 

(d) The following requirements shall be met if an owner or operator 

elects to use a QIP to demonstrate further progress: 

(1) The owner or operator shall continue to comply with the requirements 

in §XX.X2-7 except each valve shall be monitored quarterly. 

(2) The owner or operator shall collect the following data, and maintain 

records as required in §XX.X6(m), for each valve in each process unit subject 

to the QIP: 

(i) The maximum instrument reading observed in each monitoring 

observation before repair, the response factor for the stream if appropriate, 

the instrument model number, and date of the observation. 

(ii) Whether the valve is in gas or light liquid service. 

(iii) If a leak is detected, the repair methods used and the instrument 

readings after repair. 

(3) The owner or operator shall continue to collect data on the valves 

as long as the process unit remains in the QIP. 

(4) The owner or operator must demonstrate progress in reducing the 

percent leaking valves each quarter the process unit is subject to the 

requirements of paragraph (d) of this section, except as provided in paragraph 

(d)(4)(ii) of this section. 

(i) Demonstration of progress shall mean that for each quarter there is 

at least a 10 percent reduction in the percent leaking valves from the percent 

29 
P.74 

Draft 12/6/90 

leaking valves determined for the preceding monitoring period. The percent 

leaking valves shall be calculated as a rolling average of 2 consecutive 

quarters of monitoring data. The percent reduction shall be calculated using 

the rolling average percent leaking valves, according to the following: 

%LVR = (%LVAVG1 - %LVAVG2)/%LVAVG1 x 100 

where 

%LVR = Percent leaking valve reduction 

%LVAVG1 = (%VLf +%VLi+1)/2 and 

%LVAVG2 = (%VLi+1 + %VLi+2)/2 

where 

%VLi, %VL)+1, %VLi+2 are percent leaking valves calculated for subsequent 

monitoring periods, i, i+1, i+2 

(ii) An owner or operator who fails for 2 consecutive rolling averages 

to demonstrate at least a 10 percent reduction per quarter in percent leaking 

valves or that the overall average percent reduction based on 2 or more 

rolling averages is less than 10 percent per quarter shall either comply with 

the requirements in §XX.X2-7(d)(l) using monthly monitoring or shall comply 

using a QIP for technology review as specified in paragraph (e) of this 

section. If the owner or operator elects to comply with the requirements of 

paragraph (e) of this section, the schedule for performance trials and valve 

replacements remains as specified in paragraph (e). 

(e) The following requirements shall be met if an owner or operator 

elects to use a QIP of technology review and improvement: 

(1) The owner or operator shall comply with the requirements in §XX.X2-7 

except the requirement for monthly monitoring in paragraph §XX.X2-7(d)(l)(i) 

does not apply. 

(2) The owner or operator shall collect the data specified below, and 

maintain records as required in §XX.X6(m), for each valve in each process unit 

subject to the QIP. The data may be collected and the records may be 

maintained on a process unit or group of process units basis. 

(i) The data shall include the following: 

30 
Draft 12/6/90 

(A) Valve type (e.g., ball, gate, check); valve manufacturer; valve 

design (e.g., external stem or actuating mechanism, flanged body); materials 

of construction; packing material; and year installed. 

(B) Service characteristics of the stream such as operating pressure, 

temperature, line diameter, and corrosivity. 

(C) Whether the valve is in gas or light liquid service. 

(D) The maximum instrument readings observed in each monitoring 

observation before repair, response factor for the stream if adjusted, 

instrument model number, and date of the observation. 

(E) If a leak is detected, the repair methods used and the instrument 

readings after repair. 

(F) 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 valves 

as long as the process unit remains in the QIP. 

(4) The owner or operator shall inspect all valves removed from the 

process unit due to leaks. The inspection shall determine which parts of the 

valve have failed and shall include recommendations, as appropriate, for 

design changes or changes in specifications to reduce leak potential. 

(5)(i) The owner or operator shall analyze the data collected to comply 

with the requirements of paragraph (e)(2) to determine the services, operating 

or maintenance practices, and valve 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 identify any superior performing 

valve technologies that are applicable to the service(s), operating 

conditions, or valve designs associated with poorer than average emission 

performance. A superior performing valve technology is one for which a group 

of such valves has a leak frequency of less than 2 percent for specific 

31 
P.76 

Draft 12/6/90 

applications in such a process unit. A candidate superior performing valve 

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 2 percent leaking valves in the process unit, 

(iii) The analysis shall include consideration of: 

(A) The data obtained from the inspections of valves 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 valve 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 valve 

design and 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 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 Phase III. The first analysis shall be performed 

using a minimum of 2 quarters of data. An analysis of the data shall be done 

each year the process unit is in the QIP. 

(6) A trial evaluation program shall be conducted at each plant site for 

which the data analysis does not identify superior performing valve designs or 

technologies that can be applied to the operating conditions and services 

identified as having poorer than average performance, except as provided in 

paragraph (e)(6)(v) of this section. The trial program shall be used to 

evaluate the feasibility of using in the process unit the valve designs or 

technologies that have been identified by others as having low emission 

performance. 

(i) The trial program shall include on-line trials of valves or 

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 2 percent in similar services, as having low probability of 

32 
Draft 12/6/90 

failure, or as having no external actuating mechanism in contact with the 

process fluid. If any of the candidate superior performing valve technologies 

is not included in the performance trials, the reasons for rejecting specific 

technologies from consideration shall be documented as required in 

§XX.X6(m)(6)(ii). 

(ii) The number of valves in the trial evaluation program shall be the 

lesser of 1 percent or 20 valves for programs involving single process units 

and the lesser of 1 percent or 50 valves for programs involving groups of 

process units. 

(iii) The trial evaluation program shall specify and include 

documentation of: 

(A) The candidate superior performing valve designs or technologies to 

be evaluated, the stages for evaluating the identified candidate valve designs 

or technologies, including the estimated 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. 

(D) Conclusions regarding the emission performance and the appropriate 

operating conditions and services for the trial valves. 

(iv) The performance trials shall initially be conducted for, at least, 

a 6 month period beginning not later than 18 months after the start of Phase 

III. Not later than 24 months after the start of Phase III, the owner or 

operator shall have identified valve designs or technologies 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 (e)(6)(vi) of this section. The compilation of 

candidate and demonstrated superior emission performance valve designs or 

technologies shall be amended in the future, as appropriate, as additional 

information and experience is obtained. 

33 
P.78 

Draft 12/6/90 

(v) Any plant site with fewer than 400 valves and owned by a corporation 

with fewer than 100 total employees shall be exempt from trial evaluations of 

valves. Plant sites exempt from the trial evaluations of valves shall begin 

the valve replacement program at the start of the fourth year of Phase III. 

(vi) An owner or operator who has conducted performance trials on all 

candidate superior emission performance technologies suitable for the required 

applications in the process unit may stop conducting performance trials 

provided that a superior performing design or technology has been demonstrated 

or there are no technically feasible candidate superior technologies 

remaining. The owner or operator shall prepare an engineering evaluation 

documenting the physical, chemical, or engineering basis for the judgement 

that the superior emission performance technology is technically infeasible or 

demonstrating that it would not reduce emissions. 

(7) Each owner or operator who elects to use a QIP for technology review 

and improvement shall prepare and implement a valve quality assurance program 

that details purchasing specifications and maintenance procedures for all 

valves in the process unit. The quality assurance program may establish any 

number of categories, or classes, of valves as needed to distinquish 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 (e)(5) of this section, 

if applicable, the findings of the trial evaluation required in paragraph 

(e)(6) of this section, and the operating conditions in the process unit. The 

quality assurance program shall be reviewed and, as appropriate, updated each 

year as long as the process unit has 2 percent or more leaking valves. 

(i) The quality assurance program shall: 

(A) Establish minimum design standards for each category of valves. 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 valve; 

34 
P.79 

Draft 12/6/90 

(C) Include a written procedure for bench testing of valves that 

specifies performance criteria for acceptance of valves and specifies criteria 

for the precision and accuracy of the test apparatus. All valves repaired 

off-line after preparation of the quality assurance plan shall be bench tested 

for leaks. This testing may be conducted by the owner or operator of the 

process unit, by the vendor, or by a designated representative. The owner or 

operator shall install only those valves that have been documented through 

bench testing to be nonleaking. 

(D) Require that all valves repaired on-line be tested using the method 

specified in §XX.X5(b) for leaks for 2 successive months, after repair. 

(E) 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 process unit or by a 

designated representative. 

(F) Detail off-line valve maintenance and repair procedures. These 

procedures shall include provisions to ensure that rebuilt or refurbished 

valves will meet the design specifications for the valve type and will operate 

such that emissions are minimized. 

(ii) The quality assurance program shall be established no later than 

the start of the third year of Phase III for plant sites with 400 or more 

valves or owned by a corporation with 100 or more employees; and no later than 

the start of the fourth year of Phase III for plant sites with less than 400 

valves and owned by a corporation with less than 100 employees. 

(8) Beginning at the start of the third year of Phase III for plant 

sites with 400 or more valves or owned by a corporation with 100 or more 

employees and at the start of the fourth year of Phase III for plant sites 

with less than 400 valves and owned by a corporation with less than 100 

employees, each valve that is replaced for any reason shall be replaced with a 

new or modified valve that complies with the quality assurance standards for 

the valve category and that is identified as superior emission performance 

technology. Superior emission performance technology means valves or valve 

technologies identified with emission performance that, combined with 

appropriate process, operating, and maintenance practices, will result in less 

35 
P.80 

Draft 12/6/90 

than 2 percent leaking valves for specific applications in a large population, 

except as provided in subparagraph of (8)(ii) of this paragraph. 

(i) The valves shall be maintained as specified in the quality assurance 

program. 

(ii) If a superior emission performance technology cannot be identified, 

then valve replacement shall be with one of (if several) the lowest emission 

performance technologies that has been identified for the specific 

application. 

IXX.X3-2 Quality Improvement Program for Pumps. 

(a) In Phase III, if, on a 6-month rolling average, the greater of 

either 10 percent of the pumps in a process unit (or plant site) or 3 pumps in 

a process unit (or plant site) leak, the owner or operator shall comply with 

the requirements of this section as specified below: 

(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) 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 3 pumps, as 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 §XX.X2-

2. 

(c) If in a subsequent monitoring period the process unit (or plant 

site) has greater than 10 percent of the pumps leaking or 3 pumps leaking 

(calculated as a 6-month-rolling average), the owner or operator shall resume 

the quality improvement program starting at performance trials. 

(d) The quality improvement program shall include the following: 

(1) The owner or operator shall comply with the requirements in §XX.X2-

2. 

(2) The owner or operator shall collect the following data, and maintain 

records as required in §XX.X6(m), for each pump in each process unit (or plant 

36 
P.81 

Draft 12/6/90 

site) subject to the QIP. The data may be collected and the records may be 

maintained on a process unit or plant site basis. 

(i) Pump type (e.g., piston, horizontal or vertical centrifugal, gear, 

bellows); pump manufacturer; seal type and manufacturer; pump design (e.g., 

external shaft, flanged body); materials of construction; if applicable, 

barrier fluid or packing material; and year installed. 

(ii) Service characteristics of the stream such as discharge pressure, 

temperature, flow rate, corrosivity, and annual operating hours. 

(iii) The maximum instrument readings observed in each monitoring 

observation before repair, response factor for the stream if appropriate, 

instrument model number, and date of the observation. 

(iv) If a leak is detected the repair methods used and the instrument 

readings after repair. 

(v) If the data will be analyzed as part of a larger analysis program 

involving data from other plants or other types of process units, a 

description of any maintenance or quality assurance programs used in the 

process unit that are intended to improve emission performance. 

(3) The owner or operator shall continue to collect data on the pumps as 

long as the process unit (or plant site) remains in the quality improvement 

program. 

(4) The owner or operator shall inspect all pumps or pump sealswhich 

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)(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. 

37 
P.82 

Draft 12/6/90 

(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: 

(A) The data obtained from the inspections of pumps and pump seals 

removed from the process unit due to leaks; 

(B) Information from the available literature and from the experience of 

other plant sites that will identify pump designs or technologies and 

operating conditions associated with low emission performance for specific 

services; and 

(C) Information on limitations on the service conditions for the pump 

seal technology operating conditions as well as information on maintenance 

procedures to ensure continued low emission performance. 

(iv) The data analysis may be conducted through an inter- or 

intracompany program (or through some combination of the two approaches) and 

may be for a single process unit, a plant site, a company, or a group of 

process units. 

(v) The first analysis of the data shall be completed no later than 18 

months after the start of the quality improvement program. The first analysis 

shall be performed using a minimum of 6 months of data. An analysis of the 

data shall be done each year the process unit is in the quality improvement 

program. 

(6) 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 

38 
P.83 

Draft 12/6/90 

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 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 §XX.X6(m)(6)(ii). 

(ii) The number of pump seal technologies or pumps in the trial 

evaluation program shall be the lesser of 1 percent or 2 pumps for programs 

involving single process units and the lesser of 1 percent or 5 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 1. 

(iii) The trial evaluation program shall specify and include 

documentation of: 

(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. 

(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 

39 
P.84 

Draft 12/6/90 

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 is obtained. 

(v) Any plant site with fewer than 400 valves and is owned by a 

corporation with fewer than 100 employees shall be exempt from trial 

evaluations of pump seals or pump designs. Plant sites exempt from the trial 

evaluations of pumps shall begin the pump seal or pump replacement program at 

the start of the fourth year of the quality improvement program. 

(vi) An owner or operator who has conducted performance trials on all 

alternative superior emission performance technologies suitable for the 

required applications in the process unit may stop conducting performance 

trials provided that a superior performing design or technology has been 

demonstrated or there are no technically feasible alternative superior 

technologies remaining. The owner or operator shall prepare an engineering 

evaluation documenting the physical, chemical, or engineering basis for the 

judgement that the superior emission performance technology is technically 

infeasible or demonstrating that it would not reduce emissions. 

(7) 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 

40 
P.85 

Draft 12/6/90 

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 3 leaking pumps, 

(i) The quality assurance program shall: 

(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. 

(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 such 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 improvment program for plant sites with less 

than 400 valves and less than 100 employees. 

(8) 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 (i) and (ii) of this 

paragraph, 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 which 

41 
P.86 

Draft 12/6/90 

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 §XX.X2-2 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. 

§XX.X4-1 Alternative means of emission limitation: General. 

(a) Permission to use an alternative means of emission limitation under 

section 112(e)(3) of the Clean Air Act shall be governed by the following 

procedures: 

(b) Where the standard is an equipment, design, or operational 

requirement: 

(1) Each owner or operator applying for permission shall be responsible 

for collecting and verifying emission performance test data for an alternative 

means of emission limitation. 

(2) The Administrator will compare test data for the means of emission 

limitation to test data for the equipment, design, and operational 

requirements. 

(3) The Administrator may condition the permission on requirements that 

may be necessary to assure operation and maintenance to achieve the same 

emission reduction as the equipment, design, and operational requirements. 

42 
Draft 12/6/90 

(c) Where the standard is a work practice: 

(1) Each owner or operator applying for permission shall be responsible 

for collecting and verifying test data for an alternative means of emission 

limitation. 

(2) For each source for which permission is requested, the emission 

reduction achieved by the required work practices shall be demonstrated for a 

minimum period of 12 months. 

(3) For each source for which permission is requested, the emission 

reduction achieved by the alternative means of emission limitation shall be 

demonstrated. 

(4) Each owner or operator applying for permission shall commit, in 

writing, for each source to work practices that provide for emission 

reductions equal to or greater than the emission reductions achieved by the 

required work practices. 

(5) The Administrator will compare the demonstrated emission reduction 

for the alternative means of emission limitation to the demonstrated emission 

reduction for the required work practices and will consider the commitment in 

paragraph (c)(4). 

(6) The Administrator may condition the permission on requirements that 

may be necessary to assure operation and maintenance to achieve the same or 

greater emission reduction as the required work practices of this subpart. 

(d) An owner or operator may offer a unique approach to demonstrate the 

alternative means of emission limitation. 

(e)(1) Manufacturers of equipment used to control equipment leaks of a 

VHAP may apply to the Administrator for permission for an alternative means of 

emission limitation that achieves a reduction in emissions of the VHAP 

achieved by the equipment, design, and operational requirements of this 

subpart. 

(2) The Administrator will grant permission according to the provisions 

of paragraphs (b), (c), and (d). 

§XX.X4-2 Alternative means of emission limitation: Batch processes. 

(a) As an alternative to complying with the requirements of §§XX.X2-2 

through XX.X2-10, XX.X2-12, XX.X2-13, XX.X3-1, and §XX.X3-2, an owner or 

43 
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Draft 12/6/90 

operator of a batch process that operates in VHAP 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 §XX.X4-1. The alternative 

standards of this section provide the options of pressure testing or 

monitoring the equipment for leaks. 

(b) 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. An owner or operator who complies 

with the provisions of this paragraph is exempt from the monitoring provisions 

of §XX.X2-2, §XX.X2-7, §XX.X2-8, XX.X2-10, §XX.X2-12, §XX.X2-13, §XX.X3-1, and 

§XX.X3-2 of this subpart. 

(1) Each time equipment is reconfigured for production of a product or 

intermediate, the batch product-process equipment train shall be pressure 

tested for leaks before VHAP is first fed to the equipment and the equipment 

is placed in VHAP service. When the seal is broken between two items of 

equipment or when equipment is changed in a section of the batch productprocess equipment train, pressure testing is required only for the new or 

disturbed equipment. Each batch product process that operates in VHAP service 

during a calendar year shall be pressure tested at least once during that 

calendar year. 

(2) The batch product process equipment shall be tested with a gas using 

the procedures specified in §XX.X5(f) or with a liquid using the procedures 

specified in §XX.X5(g). 

(3)(i) For pressure tests using a gas, a leak is detected if the rate of 

change in pressure is greater than 1 psig 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)(i) If a leak is detected, it shall be repaired and the batch 

product-process equipment shall be retested before VHAP is fed to the 

equipment. 

44 
P.89 

Draft 12/6/90 

(ii) If a batch product-process fails the retest or the second of two 

consecutive pressure tests, it shall be repaired as soon as practicable, but 

not later than 30 calendar days after the equipment is placed in VHAP service, 

provided the conditions specified in paragraph (d) of this section are met. 

(c) The following requirements shall be met if an owner or operator 

elects to monitor the equipment to detect leaks by the method specified in 

§XX.X5(b) to demonstrate compliance with this subpart. 

(1) The owner or operator shall comply with the requirements of §§XX.X2-

2 to XX.X2-9, §§XX.X2-11 to XX.X2-13, XX.X3-1 and §XX.X3-2. 

(2) The equipment shall be monitored for leaks by the method specified 

in §XX.X5(b) when the equipment is in VHAP service, in use with an acceptable 

surrogate volatile organic compound which is not a VHAP or is in use with any 

other detectable gas or vapor. 

(3) The equipment shall be monitored for leaks as specified below: 

(i) Each time the equipment is reconfigured for the production of a 

product, the reconfigured equipment shall be monitored for leaks within 30 

days of being returned to VHAP service. This initial monitoring of 

reconfigured equipment shall not be included in determining percent leaking 

equipment. 

(ii) Connectors shall be monitored in accordance with the requirements 

in §XX.X2-13. 

(iii) Equipment other than connectors shall be monitored at the 

frequencies specified in the table below by the proportion of the year the 

batch product-process equipment train is operating with processes that use 

VHAP and the monitoring frequency for continuous processes. 

Equivalent Continuous 

Batch process Process Monitoring Freguency 

time in use 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 

45 
Draft 12/6/90 

(iv) Valves may be monitored once per year and pumps and agitators may 

be monitored once per quarter if the time each individual item of equipment is 

in VHAP service is less than 2190 hours in a calendar year. 

(v) 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 accomodate process operations. An owner or operator may 

monitor anytime during the specified monitoring period (e.g., 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 practicable 

but not later than 15 calendar days after it is detected, except as provided 

in paragraph (d) of this section. 

(d) Delay of repair of equipment for which leaks have been detected is 

allowed if the replacement equipment is not available providing the following 

conditions are met: 

(1) Equipment supplies have been depleted and supplies had been 

sufficiently stocked before the supplies were depleted. 

(2) The repair is made no later than 10 calendar days after delivery of 

the replacement equipment. 

§XX.X4-3 Alternative means of emission limitation: Enclosed-vented process 

units. 

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 §XX.X2-11 are exempt from the monitoring 

requirements of §§XX.X2-2, XX.X2-7, XX.X2-8, XX.X2-12, and XX.X2-13. 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. 

46 
P.91 

Draft 12/6/90 

§XX.X5 Test methods and procedures. 

(a) Each owner or operator subject to the provisions of this subpart 

shall comply with the test methods and procedures requirements provided in 

this section. 

(b) Monitoring, as required in §XX.X2, §XX.X3, and §XX.X4, shall comply 

with the following requirements: 

(1) Monitoring shall comply with Reference Method 21. 

(2) The detection instrument shall meet the performance criteria of 

Reference Method 21. 

(3) The instrument shall be calibrated before use on each day of its use 

by the procedures specified in Reference Method 21. 

(4) Calibration gases shall be: 

(i) Zero air (less than 0.2 ppm of hydrocarbon in air); and 

(ii)(A) For Phase I, a mixture of methane in air at a concentration of 

approximately, but less than 10,000 ppm. 

(B) For Phase II, a mixture of methane and air at a concentration of 

approximately, but less than 10,000 ppm for agitators, 5,000 ppm for pumps, 

and 500 ppm for all other equipment, except as provided in subparagraph 

(b)(4)(iii) of this paragraph. 

(C) For Phase III, a mixture of methane and air at a concentration of 

approximately, but less than, 10,000 ppm methane for agitators, 2,000 ppm for 

pumps in food/medical service, 5,000 ppm for pumps in polymerizing monomer 

service, 1,000 ppm for all other pumps, and 500 ppm for all other equipment, 

except as provided in subparagraph (b)(4)(iii) of this paragraph. 

(iii) The instrument may be calibrated at a higher methane concentration 

up to 2,000 ppm than the leak definition concentration for a specific piece of 

equipment for monitoring that piece of equipment. The instrument may not be 

calibrated at a lower methane concentration than the leak definition 

concentration for a specific piece of equipment. 

(5) The instrument probe shall be traversed around all potential leak 

interfaces as close to the interface as possible as described in Reference 

Method 21. 

47 
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Draft 12/6/90 

(6) The instrument response factors shall be considered in the following 

manner: 

(i) The response factors used shall be the instrument response factor 

determined for the individual VHAP at 500 ppm. The response factors may be 

obtained from the available literature, the instrument manufacturer, or 

determined for the specific instrument and VHAP. 

(ii) Chemical composition of individual process streams may be 

determined by sampling, engineering calculations, or process knowledge. A 

separate determination for each stream is not necessary if all or portions of 

the process unit can be shown to exhibit similar composition. The basis for 

all process stream composition determinations shall be documented as required 

in §XX.X6(b)(ll). 

(iii) If the response factors at 500 ppm for the VHAPs that account for 

90 percent or more by weight of the process stream are all less than 3, the 

instrument readings may be used without adjustment for response factors. 

(iv) If any of the response factors at 500 ppm for the VHAPs that 

account for 90 percent or more by weight of the process stream is 3 or 

greater, then a weighted average response factor for the VHAP in the process 

stream shall be calculated using the procedures specified in paragraph 

(b)(6)(v) of this section. If the process stream weighted average response 

factor is less than 3, the instrument readings may be used without adjustment 

for response factors. If the process stream weighted average response factor 

is greater than 3, the instrument readings shall be adjusted for response 

factors as indicated below: 

(A) Adjust the instrument readings by multiplying by the response 

factor, 

(B) Select another instrument, determine or obtain instrument response 

factors for the VHAP in question, and evaluate the need for adjustment as 

specified in paragraphs (b)(6)(iii) and (b)(6)(iv) of this section, or 

(C) Calibrate the instrument with a different reference compound or 

mixture (i.e., one of the VHAP, a VOC other than methane, or the process 

stream mixture) so that the instrument has a response factor for 90 percent of 

the VHAP or for the process stream less than 3. 

48 
Draft 12/6/90 

(v) The process stream average response factor shall be calculated as 

follows: 

RFavg-±:1

-

t (%Cj) (RFC1) 

t (%Ci) 

1=1 

Where: 

RFavg = Weighted average response factor. 

%CS = Molar fraction, or volume percent if in gaseous form, of 

organic compound i in the process stream. 

RFci = Response factor of the instrument for organic compound i at 

500 ppm. 

(c) When equipment is tested for compliance as required in §XX.X2-3(i), 

§XX.X2-4, and §XX.X2-ll(f), the test shall comply with the following 

requirements: 

(1) The requirements of paragraphs (b)(1) through (4) shall apply. 

(2) The background level shall be determined, as set forth in Reference 

Method 21. 

(3) The instrument probe shall be traversed around all potential leak 

interfaces as close to the interface as possible as described in Reference 

Method 21. 

(4) The arithmetic difference between the maximum concentration 

indicated by the instrument and the background level is compared with 500 ppm 

for determining compliance. 

(d)(1) Each piece of equipment within a process unit that can reasonably 

be expected to contain equipment in VHAP service is presumed to be in VHAP 

service unless an owner or operator demonstrates that the piece of equipment 

is not in VHAP service. For a piece of equipment to be considered not in VHAP 

service, it must be determined that the percent VHAP content can be reasonably 

expected not to exceed 5 percent by weight during the calendar year. For 

purposes of determining the percent VHAP content of the process fluid that is 

contained in or contacts equipment, Method 18 shall be used. 

49 
P.94 

Draft 12/6/90 

(2)(i) An owner or operator may use good engineering judgment rather 

than the procedures in paragraph (1) to determine that the percent VHAP 

content does not exceed 5 percent by weight. When an owner or operator and 

the Administrator do not agree on whether a piece of equipment is not in VHAP 

service, however, the procedures in paragraph (d)(1) of this section shall be 

used to resolve the disagreement. 

(ii) Conversely, the owner or operator may determine that the VHAP 

content of the process fluid does not exceed 5 percent by weight by, for 

example, accounting for 98 percent ofthe content and showing that VHAP is 

less than 3 percent. 

(3) If an owner or operator determines that a piece of equipment is in 

VHAP service, the determination can be revised after following the procedures 

in paragraph (d)(1) of this section, or by documenting that a change in the 

process or raw materials no longer causes the equipment to be in VHAP service. 

(4) Samples used in determining the percent VHAP content shall be 

representative of the process fluid that is contained in or contacts the 

equipment. 

(e) Reference methods used in determining compliance with flares are 

those required in §60.18. 

(f) The following procedures shall be used to pressure test batch 

product-process equipment using a gas (e.g.; air or nitrogen) to demonstrate 

compliance with the requirements of §XX.X4-2(b)(3)(i). 

(1) The batch product-process equipment train shall be pressurized with 

a gas to the operating pressure of the equipment. The equipment shall not be 

tested at a pressure greater than the pressure setting of the lowest relief 

valve setting. 

(2) Once the test pressure is obtained, the gas source shall be shut 

off. 

(3) 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 was exceeded. The pressure in the batch product-process equipment shall 

be measured after the gas source is shut off and at the end of the test 

50 
P.95 

Draft 12/6/90 

period. The rate of change in pressure in the batch product-process equipment 

shall be calculated using the following equation: 

t (tr-tj) 

where A— = change in pressure, psig/hr 

Pf = final pressure, psig 

P,. = initial pressure, psig 

tf - t,- = elapsed time, hours 

(4) The pressure shall be measured using a pressure measurement device 

(gauge, manometer, or equivalent) which has a precision of +2.5 mm Hg in the 

range of test pressure and is capable of measuring pressures up to the relief 

set pressure of the pressure relief device. 

(g) The following procedures shall be used to pressure test batch 

product-process equipment using a liquid to demonstrate compliance with the 

requirements of §XX.X4-2(b)(3)(ii). 

(1) The batch product-process equipment train, or section of the train, 

shall be filled with the test liquid (e.g., water, alcohol). Once the 

equipment is filled, the liquid source shall be shut off. 

(2) 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. 

(3) 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. 

(Sec. 114 of the Clean Air Act as amended (42 U.S.C. 7414).) 

§XX.X6 Recordkeeping requirements. 

(a) An owner or operator of more than one process unit subject to the 

provisions of this subpart may comply with the recordkeeping requirements for 

these process units in one recordkeeping system if the system identifies each 

record by process unit and the program being implemented (e.g., quarterly 

monitoring, quality improvement) for each type of equipment. All records and 

information required by this section shall be maintained in a manner that can 

51 
P.96 

Draft 12/6/90 

be readily accessed at the plant site. This could include physically locating 

the records at the plant site or accessing the records from a central location 

by computer at the plant site. 

(b) Except as provided in paragraphs (f) and (g) of this section, the 

following information pertaining to all equipment in each process unit subject 

to the requirements in §XX.X2-1 to §XX.X2-13 shall be recorded: 

(l)(i) A list of identification numbers for equipment (except connectors 

exempt from monitoring and recordkeeping identified in §XX.X2-13 and 

instrumentation systems) subject to the requirements of this subpart and a 

site layout showing the relative location of the equipment in the process 

unit. Connectors need not be individually identified if all connectors in a 

designated area or length of pipe subject to the provisions of this subpart 

are identified as a group, and the number of connectors subject is indicated. 

(ii) A table listing the monitoring frequency and other provisions of 

this subpart that are being implemented for each item of equipment. 

(iii) Physical tagging of the equipment to indicate that it is in VHAP 

service is not required. Equipment subject to the provisions of this subpart 

may be identified on a plant site plan, in log entries, or by other 

appropriate methods. 

(2)(i) A list of identification numbers for compressors that the owner 

or operator elects to designate as operating with an instrument reading of 

less than 500 ppm above background, under the provisions of XX.X2-3(i). 

(ii) The designation of this equipment as subject to the requirements of 

§XX.X2-3(i) shall be signed by the owner or operator. 

(3) A list of equipment identification numbers for pressure relief 

devices required to comply with §XX.X2-4(a). 

(4)(i) The dates and results of each compliance test required in §XX.X2-

3(i) and XX.X2-4. 

(ii) The background level measured during each compliance test. 

(iii) The maximum instrument reading measured at each piece of equipment 

during each compliance test. 

(5) A list of identification numbers for equipment in vacuum service. 

52 
P.97 

Draft 12/6/90 

(6) Instrumentation system identification. Individual components in the 

instrumentation system need not be identified. 

(7) A list of identification numbers for equipment in VHAP service less 

than 300 hours per year within a process unit subject to the provisions of 

this subpart under §XX.X0. 

(8)(i) Identification, either by list, location (area or grouping), or 

tagging of connectors disturbed since the last monitoring period required in 

§XX.2-13(b), as described in §XX.X2-13(c). 

(ii) The date and results of followup monitoring as required in §XX.X2-

13(c). If identification of disturbed connectors is made by location, then 

all connectors within the designated location shall be monitored. 

(9) A list of reconfigured equipment in batch product process units 

since the last monitoring period required in §XX4-2(c)(3)(ii) - (iv), as 

described in §XX.X4-2(c)(3)(i). 

(10) A list of valves removed from and added to the process unit, as 

considered in §XX.X2-7(e)(l), and a list of connectors removed from and added 

to the process unit, as considered in §XX.X2-13(i)(l). This is not required 

unless the net credits for removed valves and connectors are expected to be 

used. 

(11) Documentation of process stream composition as required in 

§XX.X5(b)(6)(ii). 

(12) Identification of screwed connectors subject to the requirements of 

§XX.X2-13(c)(2). Identification can be by area or grouping as long as the 

total number within each group or area is recorded. 

(13) Identification of welded connectors monitored or tested as required 

in §XX.X2-13(b)(4), the date of the welded, and the date of monitoring or 

testing. 

(c) When each leak is detected as specified in §XX.X2-2, §XX.X2-3, 

§XX.X2-7, §XX.X2-8, §XX.X2-11, §XX.X2-12, and §XX.X2-13, the following 

requirements apply: 

(1) A weatherproof and readily visible identification, marked with the 

equipment identification number, shall be attached to the leaking equipment. 

53 
P.98 

Draft 12/6/90 

(2) The identification on a valve or connector may be removed after it 

has been monitored as specified in §XX.X2-7(f)(3) §XX.X2-13(e), and §XX.X3-

l(e)(7)(i)(D), and no leak has been detected during the followup monitoring. 

(3) The identification on equipment, except on a valve or connector, may 

be removed after it has been repaired. 

(d) When each leak is detected as specified in §XX.X2-2, §XX.X2-3, 

§XX.X2-7, §XX.X2-8, §XX.X2-11, §XX.X2-12, and §XX.X2-13, the following 

information shall be recorded and kept for 2 years: 

(1) The instrument and operator identification numbers and the equipment 

identification number. 

(2) The date the leak was detected and the dates of each attempt to 

repair the leak. 

(3) Repair methods applied in each attempt to repair the leak. 

(4) Maximum instrument reading measured by the method specified in 

§XX.X5(b) after it is sucessfully repaired or determined to be nonrepairable. 

(5) "Repair delayed" and the reason for the delay if a leak is not 

repaired within 15 calendar days after discovery of the leak. If delay of 

repair was cause by depletion of stocked parts, there must be documentation 

that the spare parts were sufficiently stocked before depletion and the reason 

for depletion. 

(6) The signature of the owner or operator (or designate) whose decision 

it was that repair could not be effected without a process unit shutdown. 

(7) The expected date of successful repair of the leak if a leak is not 

repaired within 15 calendar days. 

(8) Dates of process unit shutdowns that occur while the equipment is 

unrepaired. 

(9) The date of successful repair of the leak. 

(e) The following information shall be recorded for each process unit 

subject to the requirements of §XX.X2-2 to §XX.X2-13: 

(1) A schedule of monitoring for valves and for connectors. 

(2) The number of leaking pumps, the total number of pumps, and the 

percent leaking pumps during each monitoring period. 

54 
P.99 

Draft 12/6/90 

(3) The number of leaking valves, the total number of valves, all net 

credits for removed valves (only if credits are taken), the number of 

nonrepairable valves, and the percent leaking valves during each monitoring 

period. 

(4) The number of leaking connectors, the total number of monitored 

connectors, all net credits for removed connectors (only if credits are 

taken), the number of nonrepairable connectors, and the percent leaking 

connectors during each monitoring period. The number of leaking screwed 

connectors, the total number of monitored screwed connectors, and the percent 

leaking screwed connectors during each monitoring period. 

(5)(i) The dates and durations of startups and shutdowns of a process 

unit. 

(ii) The dates and durations of any unscheduled work practice or 

operational procedure that stops production from a process unit or part of a 

process unit that is not defined as a process unit shutdown. If the duration 

exceeds 24 hours, the calculations used in determining that emissions from 

clearing process material from the process unit or part of the process unit 

would exceed emissions from delay of repair of leaking components until the 

next scheduled shutdown shall be recorded. The calculation shall assume that 

the purged material is collected and destroyed or recovered in a control 

device complying with §XX.X2-11. 

(f) The owner or operator of a batch product proces who elects to 

pressure test the batch product process equipment train to demonstrate 

compliance with this subpart is exempt from the requirements of paragraphs 

(b), (c), (d), (e), (i), and (m) of this section. Instead, the owner or 

operator shall maintain records of the following information: 

(1) A list of identification numbers for each batch product process 

equipment train used to produce products during the calendar year and the area 

of the plant site where the equipment train is located. 

(2) Records demonstrating the equipment is in use in a batch process 

during the calendar year. Examples of suitable documentation are records of 

time in use for individual pieces of equipment or average time in use for the 

process unit. 

55 
P.100 

Draft 12/6/90 

(3) Physical tagging of the equipment to identifiy that it is in VHAP 

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. 

(4) The dates of each pressure test required in §XX.X4-2(b), the test 

pressure, and the pressure drop observed during the test. 

(5) Records of any visible, audible, or olfactory evidence of fluid 

loss. 

(g) When a batch product process equipment train does not pass 2 

consecutive pressure tests, the following information shall be recorded in a 

log and kept for 2 years: 

(1) The date of each pressure test and the date of each leak repair 

attempt. 

(2) Repair methods applied in each attempt to repair the leak. 

(3) The reason for the delay of repair. 

(4) The expected date for delivery of the replacement equipment and the 

actual date of delivery of the replacement equipment. 

(5) The date of successful repair. 

(h) The following information pertaining to the design requirements for 

closed-vent systems and control devices described in §XX.X2-11 shall be 

recorded: 

(1) Detailed schematics, design specifications, and piping and 

instrumentation diagrams. 

(2) The dates and descriptions of any changes in the design 

specifications. 

(3) A description of the parameter or parameters monitored, as required 

in §XX.X2-ll(e), 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. 

(4) Dates and durations when the closed-vent systems and control devices 

required in §XX.X2-2, §XX.X2-3, §XX.X2-4, §XX.X2-5, and §XX.X2-9 are not 

56 
p.1 

Draft 12/6/90 

operated as designed as indicated by the monitored parameters, including 

periods when a flare pilot light system does not have a flame. 

(5) Dates and durations during which the monitoring system or monitoring 

device is inoperative. 

(6) Dates and durations of startups and shutdowns of the closed-vent 

systems and control devices required in §XX.X2-2, §XX.X2-3, §XX.X2-4, 

§XX.X2-5, and §XX.X2-9. 

(i) The following information pertaining to all valves subject to the 

requirements of §XX.X2-7(h) and (i) and all connectors subject to the 

requirements of §XX.X2-13(f), (g), and (h) shall be recorded: 

(1) A list of identification numbers for valves and connectors that are 

designated as unsafe-to-monitor, an explanation for each valve and connector 

stating why the valve or connector is unsafe-to-monitor, and the plan for 

monitoring each valve and connector. 

(2) A list of identification numbers for valves that are designated as 

difficult-to-monitor, an explanation for each valve stating why the valve is 

difficult-to-monitor, and the planned schedule for monitoring each valve. 

(3) A list of identification numbers for connectors that are designated 

as unsafe-to-repair and an explanation for each connector stating why the 

connector is unsafe-to-repair. 

(j) The following information shall be recorded: 

(1) Design criterion required in §XX.X2-2(e)(5) and §XX.X2-3(e)(2) and 

an explanation of the design criterion; and 

(2) Any changes to this criterion and the reasons for the changes, 

(k) Information, data, and analysis used to determine that a piece of 

equipment or process unit is in heavy liquid service or is not in VHAP service 

shall be recorded. Such a determination shall include an analysis or 

demonstration that the feed or raw materials, products, by-products, coproducts, or intermediates do not include sufficient chemicals listed in 

§XX.X8-1 to meet the criteria of "in VHAP service". Examples of information 

that could document this include, but are not limited to, records of chemicals 

purchased for the process, analyses of process stream composition, engineering 

calculations, or process knowledge. 

57 
P.2 

Draft 12/6/90 

(1) The date and duration of each process unit startup and shutdown 

shall be recorded. 

(m) Each owner or operator of an affected process unit subject to the 

requirements of §XX.X3-1 and §XX.X3-2 shall maintain the following records for 

the period of the QIP for the affected process unit: 

(1) For owners or operators who elect to use a reasonable further 

progress QIP, as specified in §XX.X3-l(d): 

(i) All data required in §XX.X3-l(d)(2). 

(ii) The percent leaking valves observed each quarter and the rolling 

average percent reduction observed in each quarter. 

(iii) The beginning and ending dates while meeting the requirements of 

§XX.X3-l(d). 

(2) For owners or operators who elect to use a technology review and 

improvement QIP, as specified in §XX.X3-l(e): 

(i) All data required in §XX.X3-l(e)(2). 

(ii) The percent leaking valves observed each quarter. 

(iii) Documentation of all inspections conducted under the requirements 

of §XX.X3-l(e)(4) and any recommendations for design or specification changes 

to reduce leak frequency. 

(iv) The beginning and ending dates while meeting the requirements of 

§XX.X3-l(e). 

(3) For owners or operators subject to the requirements of §XX.X3-2, 

pump QIP: 

(i) All data required in §XX.X3-2(d)(2). 

(ii) The rolling average percent leaking pumps. 

(iii) Documentation of all inspections conducted under the requirements 

of §XX.X3-2(d)(4) and any recommendations for design or specification changes 

to reduce leak frequency. 

(iv) The beginning and ending dates while meeting the requirements of 

§XX.X3-2(d). 

(4) 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. 

58 
P.3 

Draft 12/6/90 

(5) Records of all analyses required in §XX.X3-l(e) and §XX.X3-2(d). 

The records will include the following: 

(i) A list identifying areas associated with poorer than average 

performance and the associated service characteristics of the stream, the 

operating conditions and maintenance practices. 

(ii) The reasons for rejecting specific candidate superior emission 

performing valve or 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 §XX.X3-l(e)(6)(iii) and §XX.X3-2(d)(6)(iii). 

(iv) The beginning date and duration of performance trials of each 

candidate superior emission performing technology. 

(6) All records documenting the quality assurance program for valves or 

pumps as specified in §XX.X3-l(e)(7) and §XX.X3-2(d)(7). 

(7) Records indicating that all valves or pumps replaced or modified 

during the period of the QIP is in compliance with the quality assurance 

requirements in §XX.X3-l(e)(7) and §XX.X3-2(d)(7). 

(8) Records documenting compliance with the 20 percent or greater annual 

replacement rate for pumps as specified in §XX.X3-2(d)(8). 

(9) Information and data to show the corporation has fewer than 100 

employees, including employees providing professional and technical contracted 

services. 

(n) Owners and operators choosing to comply with the requirements of 

§XX.4-3, shall maintain the following records: 

(1) Identification of the process unit(s) and the VHAPs 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. 

(o) The provisions of §61.14(f) do not apply to process units subject to 

this subpart. 

(Sec. 114 of the Clean Air Act as amended (42 U.S.C. 7414).) 

(Approved by the Office of Management and Budget under control number 

_ • ) 

59 
E_4 

Draft 12/6/90 

§XX.X7 Reporting requirements. 

(a)(1) An owner or operator of a process unit subject to the provisions 

of this subpart shall submit a statement in writing so notifying the 

Administrator. 

(2) In the case of an existing process unit or a new process unit which 

has an initial startup date preceding the effective date, the statement is to 

be submitted within 90 calendar days of the applicability dates specified in 

§XX.X0(b), unless a waiver of compliance is granted under §61.11, along with 

the information required under §61.10. If a waiver of compliance is granted, 

the statement is to be submitted on a date scheduled by the Administrator. 

(3) In the case of new process units which did not have an initial 

startup date preceding the effective date, the statement shall be submitted 

with the application for approval of construction or reconstruction as 

described in §61.07. 

(4) The statement is to contain the following information for each 

process unit, except as provided in paragraph (b)(5) of this section: 

(i) Process unit identification. 

(ii) Number of each equipment type (e.g., 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"). 

(iv) Planned schedule for each phase of the requirements of this 

subpart. 

(5) The statement is to contain the following information for each 

process unit subject to the requirements in §XX.X4-2(b): 

(i) Batch product process equipment train identification, and 

(ii) Planned schedule for pressure testing the batch product process 

equipment train. 

(b) Except as provided in paragraph (c) of this section, a report shall 

be submitted to the Administrator semiannually starting 6 months after the 

initial report required in paragraph (a) of this section, that includes the 

following information, as applicable: 

60 
P.5 

Draft 12/6/90 

(1) Process unit identification, frequency of monitoring, and specific 

provisions of this subpart being implemented. 

(2) For each monitoring period during the semiannual reporting period, 

(i) The number of valves for which leaks were detected as described in 

§XX.X2-7(b), the percent leakers, and the total number of valves monitored; 

(ii) The number of valves for which leaks were not repaired as required 

in §XX.X2-7(f), identifying the number of those that are determined 

nonrepairable. 

(iii) The number of pumps for which leaks were detected as described in 

§XX.X2-2(b), the percent leakers, and the total number of pumps monitored. 

(iv) The number of pumps for which leaks were not repaired as required 

in §XX.X2-2(c). 

(v) The number of compressors for which leaks were detected as described 

in §XX.X2-3(f). 

(vi) The number of compressors for which leaks were not repaired as 

required in §XX.X2-3(g). 

(vii) The number of connectors for which leaks were detected as 

described in §XX.X2-13(a), the percent of connectors leaking, and the total 

number of connectors monitored. 

(viii) The number of screwed connectors for which leaks were detected as 

described in §XX.X2-13(a), the percent of screwed connectors leaking, and the 

total number of screwed connectors monitored. 

(ix) The number of connectors for which leaks were not repaired as 

required in §XX.X2-13(d), identifying the number of those that are determined 

nonrepairable. 

(x) The number of screwed connectors for which leaks were not repaired 

as required in §XX.X2-13(d). 

(xi) The number of agitators for which leaks were detected as described 

in §XX.X2-12(b). 

(xii) The number of agitators for which leaks were not repaired as 

required in §XX.X2-12(c). 

(xiii) The facts that explain any delay of repairs and, where 

appropriate, why a process unit shutdown was technically infeasible. 

61 
P.6 

Draft 12/6/90 

(3) Dates and durations of process unit, control device, or monitoring 

device startups or shutdowns which occurred within the semiannual reporting 

period. 

(4) Revisions to items reported according to paragraph (a) if changes 

have occurred since the initial report or subsequent revisions to the initial 

report. 

Note: Compliance with the requirements of 161.10(c) is not required for revisions documented under 

this paragraph. 

(5) The results of all performance tests to determine compliance with 

§XX.X2-3(i), §XX.X2-4(a), and §XX.X2-ll(f) conducted within the semiannual 

reporting period. 

(6) The initiation of a monthly monitoring program under §XX.X2-

7(d)(1)(i), or a QIP under either §XX.X3-1 or §XX.X3-2, whichever is 

applicable. 

(7) Notification of the Administrator of a change in connector 

monitoring alternatives as described in §XX.X2-13(c)(1). 

(c) For owners or operators electing to meet the requirements of §XX.X4-

2(b), a report shall be submitted to the Administrator semiannually starting 6 

months after the initial report required in paragraph (a) of this section. 

The semiannual report shall include the following information: 

(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, 

(4) The facts that explain any delay of repairs, and 

(5) The results of all performance tests to determine compliance with 

§XX.X2-ll(f). 

(d) An application for approval of construction or reconstruction, 

§61.05(a) and §61.07, will not be required if 

(1) The new process unit complies with the applicable standard in §XX.X2 

or §XX.X4-2; and 

(2) In the next semiannual report required by paragraph (b) of this 

section, the information in paragraph (a)(4) of this section is reported. 

62 
P.7 

Draft 12/6/90 

(e) An owner or operator of a process unit required to comply with 

§XX.X2-7(d)(l) shall notify the Administrator within 30 calendar days of 

initiating the monthly monitoring program under §XX.X2-7(d)(l)(i) or a QIP 

under §XX.X3-1. 

(f) An owner or operator of a process unit required to comply with 

§XX.X2-2(d)(2) shall notify the Administrator within 30 calendar days of 

initiation a QIP under §XX.X3-2. 

(g) If acceptable to both the Administrator and the owner or operator of 

the process unit, the reports may be submitted on electronic media. 

(Sec. 114 of the Clean Air Act as amended (42 U.S.C. 7414).) 

(Approved by the Office of Management and Budget under control number .) 

63 
P.8 

§XX.X8-1 List of Volatile Hazardous 

CHEMICAL NAME 

Acetaldehyde 

Acetamide 

Acetonitrile 

Acetophenone 

2-Acetylami nof 1 uori ne 

Acrolein 

Acrylamide 

Acrylic acid 

Acrylonitrile 

Allyl chloride 

4-Aminobiphenyl 

Aniline 

o-Anisidine 

Benzene 

Benzidine 

Benzotrichloride 

Benzyl chloride 

Biphenyl 

; Air 

Bis(2-ethylhexyl)phthalate (DEHP) 

Bi s(chloromethyl)ether 

Bromoform 

1,3-Butadiene 

Caprolactam 

Carbon disulfide 

Carbon tetrachloride 

Carbonyl sulfide 

Catechol 

Chloroacetic acid 

2-Chloroacetophenone 

Chlorobenzene 

Chloroform 

Chloromethyl methyl ether 

Chloroprene 

Cresols/Cresylic acid (isomers 

Cresols/Cresylic acid (isomers 

Cresols/Cresylic acid (isomers 

Cresols/Cresylic acid (isomers 

Cumene 

2,4-D, salts and esters 

DDE 

Diazomethane 

Dibenzofurans 

l,2-Dibromo-3-chloropropane 

Dibutylphthalate 

1,4-Dichlorobenzene(p) 

3,3-Dichlorobenzidene 

and 

and 

and 

and 

• Pollutants. 

mixture) 

mixture) 

mixture) 

mixture) 

Dichloroethyl ether (bis(2-chloroethyl)ether) 

1,3-Dichloropropene 

Draft 12/6/90 

CAS NUMBER 

75070 

60355 

75058 

98862 

53963 

107028 

79061 

79107 

107131 

107051 

92671 

62533 

90040 

71432 

92875 

98077 

100447 

92524 

117817 

542881 

75252 

106990 

105602 

75150 

56235 

463581 

120809 

79118 

532274 

108907 

67663 

107302 

126998 

319773 

95487 

108394 

106445 

98828 

94757 

3547044 

334883 

132649 

96128 

84742 

106467 

91941 

111444 

542756 

64 
P.9 

• • . 

Diethanolamine 

N,N-Diethyl aniline (N,N-Dimethylaniline) 

Diethyl sulfate 

3,3'-Dimethoxybenzidine 

Dimethyl aminoazobenzene 

3,3'-Dimethyl benzidine 

Dimethyl carbamoyl chloride 

Dimethyl formamide 

1,1-Dimethyl hydrazine 

Dimethyl phthalate 

Dimethyl sulfate 

4,6-Dinitro-o-cresol, and salts 

2,4-Dinitrophenol 

2,4-Dinitrotoluene 

1,4-Dioxane (1,4-Diethyleneoxide) 

1,2-Diphenylhydrazine 

Epichlorohydrin (l-Chloro-2,3-epoxypropane) 

1,2-Epoxybutane 

Ethyl acrylate 

Ethyl benzene 

Ethyl carbamate (Urethane) 

Ethyl chloride (Chloroethane) 

Ethylene dibromide (Dibromoethane) 

Ethylene dichloride (1,2-Dichloroethane) 

Ethylene glycol 

Ethylene oxide 

Ethylene thiourea 

Ethylidene dichloride (1,1-Dichloroethane) 

Formaldehyde 

Glycol ethersa 

Hexachlorobenzene 

Hexachlorobutadiene 

Hexachloroethane 

Hexamethylene-1,6-di isocyanate 

Hexamethylphosphoramide 

Hexane 

Hydrazine 

Hydroquinone 

Isophorone 

Maleic anhydride 

Methanol 

Methyl bromide (Bromomethane) 

Methyl chloride (Chloromethane) 

Methyl chloroform (1,1,1-Trichloroethane) 

Methyl ethyl ketone (2-Butanone) 

Methyl hydrazine 

Methyl iodide (Iodomethane) 

Methyl isobutyl ketone (Hexone) 

Methyl isocyanate 

Methyl methacrylate 

65 

Draft 12/6/90 

111422 

121697 

64675 

119904 

60117 

119937 

79447 

68122 

57147 

131113 

77781 

534521 

51285 

121142 

123911 

122667 

106898 

106887 

140885 

100414 

51796 

75003 

106934 

107062 

107211 

75218 

96457 

75343 

50000 

0 

118741 

87683 

67721 

822060 

680319 

110543 

302012 

123319 

78591 

108316 

67561 

74839 

74873 

71556 

78933 

60344 

74884 

108101 

624839 

80626 
P.10 

Methyl tert butyl ether 

4,4-Methylene bis(2-chloroani line) 

Methylene chloride (Dichloromethane) 

Methylene diphenyl diisocyanate (MDI) 

4,4'-Methylenedi ani1i ne 

Naphthalene 

Nitrobenzene 

4-Nitrobiphenyl 

4-Nitrophenol 

4-Nitropropane 

N-Nitroso-N-methylurea 

N-Nitrosodimethylamine 

N-Nitrosomorpholine 

Phenol 

p-Phenylenediamine 

Phosgene 

Phthalic anhydride 

Polychlorinated biphenyls (Aroclors) 

1,3-Propane sultone 

beta-Propiolactone 

Propionaldehyde 

Propoxur (Baygon) 

Propylene dichloride (1,2-Dichloropropane) 

Propylene oxide 

1,2-Propylenimine (2-Methyl aziridine) 

Quinone 

Styrene 

Styrene oxide 

2,3,7,8-Tetrachlorodibenzo-p-dioxin 

1,1,2,2-Tetrachloroethane 

Tetrachloroethy1ene (Perchloroethylene) 

Toluene 

2,4-Toluene diamine 

2,4-Toluene diisocyanate 

o-Toluidine 

1,2,4-Tri chlorobenzene 

1,1,2-Trichloroethane 

Trichloroethylene 

2,4,5-Trichlorophenol 

2,4,6-Trichlorophenol 

Triethyl amine 

Trifluralin 

2,2,4-Tri methylpentane 

Vinyl acetate 

Vinyl bromide 

Vinyl chloride 

Vinylidene chloride (1,1-Dichloroethylene) 

Xylenes (isomers and mixture) 

Xylenes (isomers and mixture) 

Xylenes (isomers and mixture) 

Draft 12/6/90 

1634044 

101144 

75092 

101688 

101779 

91203 

98953 

92933 

100027 

79469 

684935 

62759 

59892 

108952 

106503 

75445 

85449 

1336363 

1120714 

57578 

123386 

114261 

78875 

75569 

75558 

106514 

100425 

96093 

1746016 

79345 

127184 

108883 

95807 

584849 

95534 

120821 

79005 

79016 

95954 

88062 

121448 

1582098 

540841 

108054 

593602 

75014 

75354 

1330207 

95476 

108383 

66 
P.11 

Draft 12/6/90 

Xylenes (isomers and mixture) 106423 

§XX.X8-2 List of Hazardous Organic Chemical Production Processes. 

The provisions of this supbart apply to production processes that 

the following chemicals: 

CAS 

NUMBER CHEMICAL NAME 

GROUP I 

1-Chloro-3-nitrobenzene 

Acetone 

make 

121733 

67641 

75058 Acetonitrile 

98862 Acetophenone 

79061 Acrylamide 

107131 Acrylonitrile 

111693 Adiponitrile 

107186 Allyl alcohol 

123308 Aminophenol (p-isomer) 

62533 Aniline 

Azobenzene 

Benzene 

Benzenedisulfonic acid 

Benzenesulfonic acid 

Benzidine 

119619 Benzophenone (POM) 

92524 Biphenyl 

542881 Bis(Chloromethyl)Ether 

Bromobenzene 

Butanediol (1,4-isomer) 

Butyrolacetone 

Carbon tetrachloride 

532274 Chloroacetophone (2-isomer) 

95512 Chloroaniline (o-isomer) 

Chlorobenzene 

Chlorodi f1uoromethane 

Chloroform 

Chloronitrobenzene (o-isomer) 

Chloronitrobenzene (p-isomer) 

Cumene hydroperoxide 

Cumene (isopropyl benzene) 

Cyclohexane 

Cyclohexanol 

Cyclohexanone 

110838 Cyclohexene 

95761 Dichloroaniline 

Dichlorobenzene 

Dichlorobenzene 

Dichlorobenzene 

103333 

71432 

98486 

98113 

92875 

10861 

110634 

96480 

56235 

108907 

25497294 

67663 

88733 

100005 

80159 

98828 

110827 

108930 

108941 

(all isomers). 

(1,4-isomer) (PDB) 

(m-isomer) 

(o-isomer) 

Dichlorobenzidine (3,3-isomer) 

Dichloroethane (1,2-isomer) (EDC) 

111444 Dichloroethyl ether (bis(2-chloroethyl)ether) 

75718 Dichlorodifluoromethane 

106467 

541731 

95501 

1331471 

107062 

67 
P.12 

Draft 12/6/90 

111422 

111466 

112732 

112367 

111966 

124174 

124177 

112345 

112152 

111900 

111773 

77781 

108010 

25154545 

123911 

646060 

101815 

101848 

25265718 

121013 

106898 

141435 

100414 

96491 

106934 

107211 

111557 

6299141 

110714 

112072 

111762 

11159 

110805 

110496 

109864 

122996 

2807309 

75218 

50000 

110178 

100970 

123319 

75310 

123013 

110167 

108316 

123331 

6915157 

121471 

63683 

Dibutyl Ether 

diethyl ether (glycol ether) 

dimethyl ether (glycol ether) 

Monobutyl Ether Acetate 

ether 

ether 

ether 

ether 

ether 

monobutyl 

monobutyl 

monoethyl 

monoethyl 

monomethyl 

acetate 

(glycol 

acetate 

(glycol 

(glycol 

Diethanolamine 

Diethylene glycol 

Diethylene Glycol 

Diethylene glycol 

Diethylene glycol 

Diethylene Glycol 

Diethylene glycol 

Diethylene glycol 

Diethylene glycol 

Diethylene glycol 

Diethylene glycol 

Dimethyl sulfate 

Dimethylaminoethanol (2-isomer) 

Dinitrobenzenes 

Dioxane (1,4-Diethyleneoxide) 

Dioxilane 

Diphenyl Methane 

Diphenyl oxide (POM) 

Dipropylene glycol 

Dodecylbenzene (n-isomer) 

Epichlorohydrin(l-Chloro-2,3-epoxypropane) 

Ethanolamines (all isomers) 

Ethyl benzene 

Ethylene carbonate 

Ethylene dibromide (Dibromoethane) (EDB) 

Ethylene glycol 

(glycol 

ether) 

(glycol 

ether) 

ether) 

ether) 

ether) 

diacetate 

Diethyl Ether 

dimethyl ether (glycol ether) 

monobutyl ether acetate (glycol ether) 

monobutyl ether (glycol ether) 

monoethyl ether acetate (glycol ether) 

monoethyl ether (glycol ether) 

monomethyl ether acetate (glycol ether) 

monomethyl 

monophenyl 

monopropyl 

ether 

ether 

ether 

(glycol 

(glycol 

(glycol 

Ethylene glycol 

Ethylene Glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene glycol 

Ethylene oxide 

Formaldehyde 

Fumaric acid 

Hexamethylenetetrami ne 

Hydroquinone 

Isopropylamine 

Linear alkylbenzene (linear dodecylbenzene) 

Maleic acid 

Maleic anhydride 

Maleic Hydrazide 

Malic acid 

Metanilic acid 

Methionine 

ether) 

ether) 

ether) 

68 
P.13 

Draft 12/6/90 

75092 

101779 

98839 

110918 

88744 

100016 

98953 

111660 

9002817 

115775 

127184 

95545 

106503 

110850 

57578 

79094 

57556 

107982 

75569 

108463 

100425 

110156 

110612 

526830 

634902 

95943 

112607 

109999 

108883 

102821 

79016 

75694 

76131 

95954 

102716 

112276 

112492 

112356 

77996 

75014 

1330207 

95476 

106423 

75070 

107891 

60355 

103844 

64197 

108247 

Methylene Chloride (Dichloromethane) 

Methylene dianiline (4,4-isomer) (MDA) 

Methylstyrene (a-isomer) 

Morpholine 

Nitroaniline (o-isomer) 

Nitroaniline (p-isomer) 

Nitrobenzene 

0ctene-l 

Paraformaldehyde 

Pentaerythritol 

Perchloroethylene (tetrachloroethylene) 

Phenylenediamine (o-isomer) 

Phenylenediamine (p-isomer) 

Piperazine 

Propiolactone (b isomer) 

Propionic acid 

Propylene glycol 

Propylene Glycol Monomethyl Ether 

Propylene oxide 

Resorcinol 

Styrene (Vinyl Benzene) 

Succinic acid 

Succinonitrile 

Tartaric Acid 

Tetrachlorobenzene (1,2,3,5-isomer) 

Tetrachlorobenzene (1,2,4,5-isomer) 

Tetraethylene Glycol 

Tetrahydrofuran 

Toluene 

Trichlorobenzene (1,2,4-isomer) 

Trichloroethylene 

Trichlorofluoromethane 

Tri chlorotri f1uoroethane 

Trichlorophenol (2,4,5-isomer) 

Triethanolamine 

Triethylene glycol 

Triethylene glycol dimethyl ether (glycol ether) 

Triethylene Glycol Monomethyl Ether 

Trimethylopropane 

Vinyl chloride (Chloro Ethylene) 

Xylenes (mixtures) 

Xylenes 

Xylenes 

(o-isomer) 

(p-isomer) 

GROUP II 

Acetaldehyde 

Acetaldol 

Acetamide 

Acetanilide 

Acetic acid 

Acetic anhydride 

69 
P.M 

Draft 12/6/90 

75365 Acetyl chloride 

111411 Aminoethylethanolamine 

90040 Anisidine (o-isomer) 

106990 Butadiene (1,3-isomer) 

123864 Butyl acetate (n-isomer) 

71363 Butyl alcohol (n-isomer) 

109739 Butylamine (n-isomer) 

107880 Butylene glycol (1,3-isomer) 

123728 Butyraldehyde (n-isomer) 

107926 Butyric acid 

106310 Butyric anhydride 

105602 Caprolactam 

558134 Carbon tetrabromide 

75730 Carbon Tetrafluoride 

75876 Chloral 

79118 Chloroacetic acid 

108429 Chloroaniline (m-isomer) 

106478 Chloroaniline (p-isomer) 

108430 Chlorophenol (m-isomer) 

106489 Chlorophenol (p-isomer) 

126998 Chloroprene (2-Chloro-l,3-Butadiene) 

75729 Chlorotrifluoromethane 

4170300 Crotonaldehyde 

3724650 Crotonic acid 

372098 Cyanoacetic acid (CN compound) 

111784 Cyclooctadiene 

1552121 Cyclooctadiene (1,5-isomer) 

760236 Dichloro-1-butene (3,4-isomer) 

540590 Dichloroethylene (1,4- isomer) 

542756 Dichloropropene (1,3-isomer) 

64675 Diethyl sulfate 

119937 Dimethyl Benzidine (3,3-isomer) 

68122 Dimethyl formamide (NN-isomer) (DMF) 

57147 Dimethyl hydrazine (1,1-isomer) 

120616 Dimethyl terephthalate 

141786 Ethyl acetate 

141979 Ethyl acetoacetate 

140885 Ethyl acrylate 

105395 Ethyl chloroacetate 

41892711 Ethyl sodium oxalacetate 

151564 Ethylene Imine (Aziridine) 

107153 Ethylenediamine 

104767 Ethylhexanol (2-isomer) 

103117 Ethylhexyl Acrylate (2-isomer) 

75127 Formamide 

64186 Formic acid 

56815 Glycerol 

26545737 Glycerol dichlorohydrin 

25791962 Glycerol triether 

56406 Glycine 

70 
P.15 

Draft 12/6/90 

107222 

118741 

87683 

67721 

592450 

124094 

107313 

98851 

99092 

79469 

123637 

79210 

108996 

110894 

110861 

111206 

127093 

3926623 

110441 

126330 

100210 

79345 

85438 

110601 

95807 

584849 

26471625 

95534 

71556 

79005 

108054 

100403 

75354 

102012 

124049 

1321115 

142041 

100663 

118923 

84651 

100527 

55210 

134816 

76937 

65850 

119539 

100470 

98077 

96884 

Glyoxal 

Hexachlorobenzene 

Hexachlorobutadiene 

Hexachloroethane 

Hexadiene (1,4-isomer) 

Hexamethylenediamine 

Methyl formate 

Methyl Phenol Carbinol 

m-Nitroaniline 

Nitropropane 

Paraldehyde 

Peracetic Acid 

Picoline (b-isomer) 

Piperadine 

Pyridine 

Sebacic Acid 

Sodium acetate 

Sodium chloroacetate 

Sorbic acid 

Sulfolane 

Terephthalic acid 

Tetrachloroethane (1,1,2,2-isomer) 

Tetrahydrophthalic anhydride 

Tetramethylenedi ami ne 

Toluene 2,4 diamine 

Toluene 2,4 diisocyanate 

Toluene diisocyanates (mixture) 

Toluidine (o-isomer) 

Trichloroethane (1,1,1-isomer) 

Trichloroethane (1,1,2-isomer) (Vinyl Trichloride) 

Vinyl acetate 

Vinylcyclohexene (4-

Vinylidene chloride 

•isomer) 

(1,1-Dichloroethylene) 

GROUP III 

Acetoacetanilide 

Adipic acid 

Aminobenzoic acid 

Aniline hydrochloride 

Anisole 

Anthranilic acid 

Anthraquinone (POM) 

Benzaldehyde 

Benzamide 

Benzil (POM) 

Benzilic acid (POM) 

Benzoic acid 

Benzoin (POM) 

Benzonitrile 

Benzotrichloride 

Benzoyl chloride 

71 
P.16 

Draft 12/6/90 

isomers) 

(all isomers) 

140114 Benzyl Acetate 

100516 Benzyl alcohol 

120514 Benzyl benzoate (POM) 

100447 Benzyl chloride 

96873 Benzyl dichloride 

100469 Benzyl amine 

80057 Bisphenol A (POM) 

85687 Butyl benzyl Phthalate 

35913098 Chlorobenzaldehyde 

118912 Chlorobenzoic acid (all 

2136814 Chlorobenzotrichloride 

1321035 Chlorobenzoyl chloride 

95578 Chlorophenol (o-isomer) 

108418 Chlorotoluene (m-isomer) 

95498 Chlorotoluene (o-isomer) 

106434 Chlorotoluene (p-isomer) 

108394 Cresol (m-isomer) 

1319773 Cresols Cresylic acid (mixed) 

95487 Cresols (o-isomer) 

106445 Cresols (p-isomer) 

108918 Cyclohexylamine 

1087214 Diallyl Isophthalate 

27576041 Diaminobenzoic acid 

120832 Dichlorophenol (2,4-isomer) 

101837 Dicyclohexylamine (Ciclohexylamine) 

91667 Diethyaniline (NN-isomer) 

84662 Diethyl Phthalate 

26761400 Diisodecyl phthalate 

131113 Dimethyl Phthalate 

121697 Dimethylaniline - N,N (N,N Diethylaniline) 

99343 Dinitrobenzoic acid (3,5-isomer) 

51285 Dinitrophenol (2,4-isomer) 

121142 Dinitrotoluene (2,4-isomer) (DNT) 

97392 Di-o-tolyguanidine 

102089 Diphenyl thiourea (POM) 

122394 Diphenylamine (POM) 

27193868 Dodecylphenol 

103695 Ethylaniline (N-isomer) 

578541 Ethylaniline (o-isomer) 

99967 Hydroxybenzoic acid (p-isomer) 

121915 Isophthalic acid 

25168063 Isopropylphenol 

108430 m-Chlorophenol 

100618 Methylaniline (n-isomer) 

108872 Methylcyclohexane 

1331222 Methylcyclohexanone 

101688 Methylene diphenyl diisocyanate (MDI) 

108383 M-Xylene 

99092 Nitroaniline (m-isomer) 

91236 Nitroanisole (o-isomer) 

72 
s. 

0 y* i. 

P.17 

Draft 12/6/90 

100174 

27178832 

108027 

88755 

1321126 

88722 

99081 

99990 

27193288 

87865 

94702 

156434 

108952 

77098 

98679 

91407 

108736 

88993 

85449 

85416 

91156 

98511 

106514 

69727 

532321 

139026 

588590 

121573 

632791 

117088 

1333079 

104154 

98599 

634935 

25013154 

25321419 

1300738 

107028 

79107 

107051 

109751 

1762954 

27497514 

109740 

75150 

25586430 

91178 

131179 

109897 

Nitroanisole (p-isomer) 

Nitrobenzoic acid (o-,m-,&p- isomers) 

Nitrophenol (4-isomer) 

Nitrophenol (o-isomer) (2-Nitrophenol) 

Nitrotoluene 

Nitrotoluene (2-isomer) 

Nitrotoluene (3-isomer) 

Nitrotoluene (4-isomer) 

Octylphenol 

Pentachlorophenol 

Phenetidine (o-isomer) 

Phenetidine (p-isomer) 

Phenol 

Phenolphthalein 

Phenolsulfonic acids (all isomers) 

Phenyl anthranilic acid 

Phloroglucinol 

Phthalic Acid 

Phthalic anhydride 

Phthalimide 

Phthalonitrile 

p-tert-Butyl Toluene 

Quinone 

Salicylic acid 

Sodium benzoate 

Sodium phenate 

Stilbene 

Sulfanilic acid 

Tetrabromophthalic anhydride 

Tetrachlorophthalic anhydride 

Toluenesulfonamide 

Toluenesulfonic acids (all isomers) 

Toluenesulfonyl chloride 

Trichloroaniline (2,4,6-isomer) 

Vinyl toluene 

Xylene Sulfonic Acid 

Xylidine 

GROUP IV 

Acrolein 

Acrylic acid 

Allyl chloride 

Allyl Cyanide 

Ammonium Thiocyanate 

Bromonaphthalene (POM) 

Butyronitrile 

Carbon disulfide 

Chloronaphthalene (POM) 

Decahydronaphthalate 

Diallyl Phthalate 

Diethyl amine 

73 
P.18 

If' 

r 

•- af •% 

Draft 12/6/90 

115106 

75183 

67685 

124403 

75003 

111308 

106694 

78591 

108214 

67561 

79209 

105453 

74839 

74873 

60344 

108112 

108101 

624839 

74931 

80626 

74895 

91203 

85472 

120183 

90153 

135193 

86577 

594423 

75445 

123386 

71238 

540545 

107108 

78875 

124414 

78002 

119642 

121448 

75503 

933482 

2408379 

105577 

75865 

75252 

141322 

78922 

75650 

96737 

Dimethyl ether - N,N 

Dimethyl sulfide 

Dimethyl sulfoxide 

Dimethyl amine 

Ethyl chloride (Chloroethane) 

Glutaraldehyde 

Hexanetriol (1,2,6- isomer) 

Isophorone 

Isopropyl acetate 

Methanol 

Methyl acetate 

Methyl acetoacetate 

Methyl bromide (Bromomethane) 

Methyl chloride (Chloromethane) 

Methyl Hydrazine 

Methyl isobutyl carbinol 

isobutyl ketone (Hexone) 

Isocyanate 

Mercaptan 

methacrylate 

Methyl 

Methyl 

Methyl 

Methyl 

Methyl amine 

Naphthalene 

Naphthalene 

Naphthalene 

Naphthol (a 

Naphthol (b 

sulfonic acid (a-isomer) (POM) 

sulfonic acid (b-isomer) (POM) 

isomer) (POM) 

isomer) (POM) 

Nitronaphthalene (1-isomer) 

Perchloromethyl mercaptan 

Phosgene 

Propionaldehyde 

Propyl alcohol (n-isomer) 

Propyl chloride 

Propylamine 

Propylene dichloride (1,2-Dichloropropane) 

Sodium Methooxide 

Tetraethyl lead 

Tetrahydronapthalene (Tetralin) (POM) 

Triethyl amine 

Trimethylamine 

Trimethylcyclohexanol 

Trimethylcyclohexanone 

GROUP V 

Acetal 

Acetone cyanohydrin (CN compound) 

Alkyl naphthalenes (no CAS# assigned) (POM) 

Bromoform 

Butyl acrylate (n-isomer) 

Butyl alcohol (s-isomer) 

Butyl alcohol (t-isomer) 

Butyl benzoic acid (p-tert-isomer) 

74 
.-.* \ 

P.19 

Draft 12/6/90 

13952846 Butylamine (s-isomer) 

75649 Butylamine (t-isomer) 

63252 Carbaryl 

9004357 Cellulose acetate 

75456 Chlorodifluoroethane 

25167800 Chlorophenols 

7790945 Chlorosulfonic acid 

420042 Cyanamide 

506774 Cyanogen chloride (CN compound) 

108805 Cyanuric acid 

108770 Cyanuric chloride 

123422 Diacetone alcohol 

137097 Diaminophenol Hydrochloride 

74953 Dibromoethane 

96231 Dichlorohydrin 

461585 Dicyanadimide 

579668 Diethylaniline (2,6-isomer) 

75376 Difluoroethane 

25167708 Diisobutylene 

27554263 Diisooctyl phthalate 

674828 Diketene 

26675174 Dodecylaniline 

122510 Ethyl orthoformate 

95921 Ethyl oxalate 

75047 Ethyl amine 

9004573 Ethyl cellulose 

105566 Ethylcyanoacetate 

77474 Hexachlorocyclopentadiene 

629118 Hexamethylene glycol 

74908 Hydrogen cyanide (CN compound) 

106638 Isobutyl Acrylate 

115117 Isobutylene 

463514 Ketene 

Linear alkyl sulfonate (no CAS# assigned) 

141797 Mesityl oxide 

79414 Methacrylic acid 

563473 Methallyl chloride 

96333 Methyl Acrylate 

78933 Methyl ethyl ketone (2-Butanone) 

1634044 Methyl Tert Butyl Ether 

77758 Methylpentynol 

121013 n-Dodecylbenzene 

75989 Neopentanoic acid 

25154523 Nonylphenol 

88120 N-Vinyl-2-Pyrrolidine 

25322683 Polyethylene glycol 

25322694 Polypropylene glycol 

27138674 Resorcylic acid 

9004324 Sodium carboxymethyl cellulose 

143339 Sodium Cyanide 

75 
P.20 

. /. *. 

Draft 12/6/90 

141537 Sodium formate 

98066 tert-Butylbenzene 

75741 Tetramethyl lead 

110189 Tetramethylethylenedi ami ne 

7756947 Triisobutylene 

540841 Trimethylpentane (2,2,4-isomer) 

57136 Urea 

1300716 Xylenol 

526750 Xylenol (2,3-isomer) 

105679 Xylenol (2,4-isomer) 

95874 Xylenol (2,5-isomer) 

576261 Xylenol (2,6-isomer) 

95658 Xylenol (3,4-isomer) 

108689 Xylenol (3,5-isomer) 

76