78268 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 60, 61, 63, and 65

[AD–FRL–6876–9]

RIN 2060–AG28

Consolidated Federal Air Rule (CAR):

Synthetic Organic Chemical

Manufacturing Industry

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action promulgates a

consolidated Federal air rule for the

Synthetic Organic Chemical

Manufacturing Industry (SOCMI). In

this final rule, we (EPA) consolidate

major portions of several new source

performance standards (NSPS) and

national emission standards for

hazardous air pollutants (NESHAP)

applicable to storage vessels, process

vents, transfer operations, and

equipment leaks within the SOCMI. The

final rule pulls together applicable

Federal SOCMI rules into one integrated

set of rules in order to simplify, clarify,

and improve implementation of the

existing rules with which source owners

or operators must comply. The

consolidated rule is an optional

compliance alternative for SOCMI

sources; sources may simply continue to

comply with existing applicable rules or

choose to comply with the final

consolidated rule. The effects of this

consolidation are to improve

understandability, reduce burden,

clarify requirements, and improve

implementation and compliance. This

document also announces the effective

date of information collection

requirements in a subpart in the Code of

Federal Regulations relating to

standards of performance for volatile

organic compound emissions from the

synthetic organic chemical

manufacturing industry reactor

processes which was originally

published in the Federal Register on

August 31, 1993.

DATES: This final rule is effective

December 14, 2000. The incorporation

by reference of certain publications in

the rule is approved by the Director of

the Federal Register as of December 14,

2000. The information collection

requirements in 40 CFR part 60, subpart

RRR, became effective November 8,

1993 when the Office of Management

and Budget approved them.

ADDRESSES: Docket number A–96–01

contains information we considered in

developing these standards and is

available for public inspection between

8:00 a.m. and 5:30 p.m., Monday

through Friday except for Federal

holidays at EPA’s Air and Radiation

Docket and Information Center (6102),

401 M Street SW, Washington, DC

20460, or by calling (202) 260–7548.

The docket is located at the above

address in Room M–1500, Waterside

Mall (ground floor). The fax number for

the Center is (202) 260–4000 and the Email address is ‘‘A-and-Rdocket@epamail.gov.’’ A reasonable fee

may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Rick Colyer, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, telephone number (919)

541–5262, fax number (919) 541–0942,

or E-mail: colyer.rick@epa.gov.

SUPPLEMENTARY INFORMATION: This

preamble provides background

information, summarizes major changes

to the CAR since proposal, and

discusses how we have met the

administrative requirements for this

final rule. This preamble does not

contain extensive background

information in the rule’s development

or how this rule relates to other rules.

The preamble to the proposed CAR (63

FR 57798, October 28, 1998) contains

extensive background information,

which includes these discussions: goals

and objectives, participation,

amendments to the referencing subparts,

significant decisions in rule

consolidation, delegation of the CAR to

State authorities, incorporating CAR

requirements into the title V permit,

extension of the consolidation to

include the State implementation plan,

summary of benefits and other impacts,

and additional amendments to

equipment leak referencing subparts.

Judicial Review. Under section

307(d)(1) of the Clean Air Act (Act),

judicial review of this final rule is

available only by filing a petition for

review in the U.S. Court of Appeals for

the District of Columbia by February 12,

2001. Under section 307(d)(7)(B) of the

Act, only an objection to this rule that

was raised with reasonable specificity

during the period for public comment

can be raised during judicial review.

Moreover, under section 307(b)(2) of the

Act, the requirements established by

today’s final action may not be

challenged separately in any civil or

criminal proceeding brought to enforce

these requirements.

Background Information Document.

The consolidated rulemaking package

promulgated today is supported by a

background information document (BID)

that contains a summary of the public

comments received on the proposal and

the Administrator’s responses to public

comments. This document may be

obtained from the docket for this rule,

A–96–01, or through the World Wide

Web at http://www.epa.gov/ttn/oarpg/

or from the U.S. Environmental

Protection Agency Library (MD–35),

Research Triangle Park, North Carolina

27711, telephone (919) 541–2777. Please

refer to ‘‘Consolidated Federal Air Rule

for Synthetic Organic Chemical

Manufacturing Industry; Background

Information for Promulgated

Standards,’’ EPA–453/R–99–006.

World Wide Web Information. The

EPA provides information and

technology exchange in various areas of

air pollution control on the World Wide

Web (WWW). An electronic copy of

today’s document that includes the

regulatory text is available through the

WWW at http://www.epa.gov/ttn/

oarpg/, under recent actions. For WWW

help information, call EPA’s Web help

line at (919) 541–5384.

Regulated Entities. The regulated

category and entities potentially affected

by this action include the following

North American Industrial

Classification System (NAICS) and

Standard Industrial Classification (SIC)

codes.

Category NAICS SIC Examples of regulated entities

Industry ..... 3251 2865

2869

Synthetic organic chemical manufacturing industry units. For example, producers of benzene, toluene, or any other chemical listed in table 1 of 40 CFR part 63, subpart F, and any other chemical

manufacturing process unit identified in an applicable subpart that references the use of this part.

Producers of polypropylene, polyethylene, polystyrene, or poly (ethylene terephthalate). Producers of

vinyl chloride and polyvinyl chloride. Volatile organic compound storage vessels. Benzene storage

vessels. Benzene transfer operations. Equipment (valves, pumps, connectors, etc.) in benzene

service.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78269

Category NAICS SIC Examples of regulated entities

Industry ..... 32411 2911 Petroleum Refineries. Volatile organic compound storage vessels.

Benzene storage vessels.

Benzene transfer operations.

Equipment (values, pumps, connectors, etc.) in benzene service.

This table is not intended to be

exhaustive, but rather to provide a guide

for readers regarding entities likely to

elect to comply with this rule. This table

lists the types of entities that we are

now aware could potentially qualify to

elect to comply with this rule. To

determine whether your facility

qualifies to implement this action, you

should carefully examine the

applicability criteria in 40 CFR part 60,

subparts Ka, Kb, VV, DDD, III, NNN, and

RRR; 40 CFR part 61, subparts V, Y, and

BB; and 40 CFR part 63, subparts G and

H. If you have questions regarding the

applicability of this action to a

particular entity, consult the person

listed in the FOR FURTHER INFORMATION

CONTACT section.

The following outline is provided to

aid in locating information in this

preamble.

I. Background Information

II. Summary of Comments and Changes Since

Proposal

A. How has EPA changed the definition of

the SOCMI CAR unit?

B. Has EPA changed the scope of the CAR

since proposal?

C. How has EPA changed the connector

monitoring requirements?

D. What changes were made to the process

of implementing the CAR?

III. Other Changes Since Proposal

IV. Has EPA Changed Its Approach for

Delegating the CAR to State Authorities?

V. Has EPA changed its approach for

incorporating CAR requirements into the

title V permit?

VI. Administrative Requirements

A. Paperwork Reduction Act

B. Executive Order 12866: Regulatory

Planning and Review

C. Executive Order 13132: Federalism

D. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

E. Unfunded Mandates Reform Act

F. Regulatory Flexibility

G. National Technology Transfer and

Advancement Act

H. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

I. Congressional Review Act

I. Background Information

Over the past 25 years, EPA has

issued a series of Federal air regulations,

many of which affect the same plant

site. As a result, many facilities are now

subject to multiple Federal rules

applying to different emission points.

Each rule has its own emission control

requirements as well as monitoring,

recordkeeping, and reporting

requirements. Although these rules were

developed for different purposes under

different statutory authorities and apply

to different pollutants, they may impose

many duplicative or near duplicative

requirements on a plant site, thus

complicating implementation of and

compliance with these rules.

On March 16, 1995, President Clinton

and Vice President Gore announced

several initiatives aimed at reinventing

environmental regulation. One of those

initiatives was to consolidate Federal air

rules so that all Federal air rules for any

single industry would be incorporated

into a single rule. This rule would

consist of ‘‘* * * one set of emission

limitations, monitoring, and

recordkeeping and reporting

requirements.’’

We selected the Federal air rules

applying to the SOCMI for a pilot

project to study the feasibility and

practical implications of consolidating

and streamlining existing rules, and to

establish a workable process for

consolidation that can then be applied

to other consolidation efforts in the

future. We selected the SOCMI as the

pilot because of the large number of

similar Federal air regulations that can

apply at a single location. The SOCMI

is subject to NSPS and NESHAP under

the Act, as well as to Resource

Conservation and Recovery Act (RCRA)

air standards. The rules for a given type

of emission point require application of

controls with similar control efficiencies

and include similar design, equipment,

or operating standards. However, the

standards differ in their applicability

and in some of their control,

monitoring, recordkeeping, and

reporting requirements. Additionally,

both the SOCMI and State air pollution

control agencies have expressed great

interest in consolidation of applicable

Federal air requirements to the extent

possible for easier incorporation into

title V operating permits.

For these reasons, we believe that

consolidation of the requirements of the

various rules into one rule greatly

benefits both the industry and

government enforcement agencies. We

believe that such consolidation

improves compliance and enforceability

and reduces resource needs.

II. Summary of Comments and Changes

Since Proposal

We received 16 comment letters on

the proposed CAR. The most significant

changes made as a result of the

comments regarded the SOCMI CAR

unit, the scope of the rule, and

connector monitoring. We address only

the major comments and changes in this

preamble. We also made a number of

editorial changes and clarifications to

make the CAR easier to read and

understand. The summary of public

comments and our responses are

contained in the ‘‘Consolidated Federal

Air Rule for Synthetic Organic Chemical

Manufacturing Industry: Background

Information for Promulgated

Standards,’’ EPA 453/R–99–006, May

2000, Docket No. A–96–01.

A. How Has EPA Changed the Definition

of the SOCMI CAR Unit?

We have eliminated the concept of a

SOCMI CAR unit (SCU), as proposed,

from the final rule. Commenters noted

points of confusion in the assignment

procedures and in the definition of the

SCU. One commenter was specifically

concerned that the complexity of the

applicability procedures may prohibit

implementation at the State and local

levels. Commenters made suggestions to

improve the clarity of these provisions

including a suggestion that the CAR

provide examples showing how SCU

boundaries are determined; a rephrasing

of the SCU definition; and a request that

the CAR include a provision that would

allow groups of like equipment, subject

to one of the referencing subparts, to

implement the CAR even though other

portions of the SCU continue to comply

with the applicable referencing subpart.

Because this is a pilot program for the

SOCMI, at proposal we limited the

equipment that could opt into the CAR

to plant sites with SOCMI process units.

Therefore, the proposed definition of

SCU contained specifications for what

constituted a SOCMI process unit. The

proposed CAR (63 FR 57753) specified

that facilities opting into the CAR must

do so on a SCU basis because we

thought this would reduce potential

complexity of implementing the CAR.

During development of the proposed

CAR, State representatives expressed a

desire to allow larger portions of sources

to opt in as opposed to a more

78270 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

piecemeal approach, indicating that it

would be easier for them to enforce the

rule. Industry representatives generally

preferred to allow any regulated source

(a source or facility subject to a

referencing subpart) to opt into the CAR.

We felt that opting into the CAR on an

SCU basis would provide a small

enough collection of emission points

and equipment to provide operational

flexibility to the facility, but a large

enough collection to avoid possible

confusion and additional burden for

regulatory authorities.

After reviewing the comments

regarding the SCU and assignment

procedures, we have concluded that

eliminating the confusion and

complexity added by the assignment

procedures outweighs the reduction in

burden and complexity to State

inspectors by requiring facilities to opt

in on a SCU (large collection of

equipment) basis. Keeping track of

which equipment is in or out of a SCU

and which SCU is complying with the

CAR appears to be more burdensome

than keeping track of which emission

point is complying with what rule.

Therefore, to simplify the

applicability provisions of the CAR, we

are allowing, in the final CAR, any

affected source subject to a referencing

subpart to use the CAR as a compliance

option with two exceptions described

below. This means that a facility may

choose to opt in, for example, one

subpart Kb tank or all equipment at the

facility that is subject to a referencing

subpart. For both regulator and industry

personnel, this eliminates the

assignment procedures that determine

what equipment constitutes a SCU.

With this change, it is not necessary to

keep track of new regulated sources and

whether they are part of a SCU or not.

There are two situations where the

regulated source in the CAR does not

match the affected source of the

referencing subpart. In one situation, the

affected source for 40 CFR part 61,

subpart V is an individual piece of

equipment like a pump or a valve. We

determined that allowing owners or

operators to opt in to the CAR on an

individual piece of equipment would

not be workable. Therefore, owners or

operators must opt in the group of

affected equipment at a process unit.

This does not alter the applicability of

subpart V to a facility; it only affects the

set of equipment that can comply with

the CAR.

The second situation where the

regulated source in the CAR does not

match the affected source of the

referencing subpart is in the HON.

Under the HON, the affected source is

the total of all applicable emission

points at the plant site that are subject

to the HON. Thus, a HON facility that

contains more than one CMPU, would

consist of only one affected source,

which would be the collection of all

subject CMPU’s. However, under the

CAR the regulated source is collection

of emission points within each CMPU

(as proposed under the original concept

in the CAR of the SCU). Thus, a HON

facility can choose to opt into the CAR

on a CMPU basis, and not the entire

collection of CMPU’s that comprise the

HON affected source.

Although we believe that in most

cases facilities will opt in as much

equipment and as many emission points

as possible, the States and owners or

operators have the opportunity to work

together to determine the basis on

which facilities can opt in their

equipment that will provide the ‘‘best

fit’’ for both regulators and industry.

B. Has EPA Changed the Scope of the

CAR Since Proposal?

We have not changed the scope of the

CAR since proposal except for one

minor change that affects polystyrene

process vents. We received comments

on incorporating or allowing other rules

in the CAR, including the following

requests: Consolidate all rules that may

apply to a facility that has a SOCMI

process unit on site, use the CAR as a

compliance option for new regulations,

and allow rules that reference the

referencing subparts to use the CAR as

a compliance option. These comments

and our rationale for not changing the

scope of the CAR are discussed in the

following sections.

1. Incorporating or Allowing Other

Rules in the CAR

Comments: Several commenters

supported expanding the scope of the

CAR so that it completely incorporates

rules that may apply to facilities that

have a SOCMI process unit on site.

Commenters specifically mentioned the

HON wastewater provisions (40 CFR

part 63, subpart G); the Benzene Waste

NESHAP provisions (40 CFR part 61,

subpart FF); and the SOCMI wastewater

NSPS (40 CFR part 60, subpart YYY).

Some commenters requested that

sources subject to the Petroleum

Refinery NESHAP, 40 CFR part 63,

subpart CC, be allowed to use the CAR

to comply with subpart CC. Two

commenters also referred to the

following 40 CFR part 63 subparts as

rules that should allow the CAR as a

compliance option: I, U, W, DD, TT, OO,

UU, WW, and JJJ. One commenter

requested consolidation of several other

provisions affecting SOCMI including

the Hazardous Organic NESHAP (HON)

Group 2 transfer racks and storage

vessels; emission points not requiring

control under the non-HON referencing

subparts; marine loading under 40 CFR

part 61, subpart BB; and equipment leak

provisions under subpart BB of both 40

CFR parts 264 and 265. One commenter

encouraged us to define CAR

requirements as acceptable for

requirements in non-consolidated rules

that are likely to overlap with the CAR

at SOCMI sites.

Commenters argued that without

including additional regulations in the

consolidation, issues of overlapping

requirements remain, and the CAR

cannot achieve its goals. One

commenter alleged that sources, in most

cases, have no incentive to use the CAR

and concluded that the CAR must

consolidate several additional rules in

order to provide this incentive.

Response: It is true that the CAR does

not consolidate all rules applicable to

the SOCMI or to sources with SOCMI

processes on site. We considered other

rules in this consolidation. As stated in

the preamble to the proposed rule (63

FR 57750), because the rule was meant

to be a pilot project for the SOCMI, we

limited the scope to the Federal Clean

Air Act rules that apply to SOCMI. We

thought that these rules would provide

benefit to affected sources, yet the scope

would be defined well enough to ensure

a reasonable chance of success. Some

SOCMI rules that we considered for

consolidation were subject to litigation,

which could have led to substantial

changes, when the CAR process started,

and others are currently in litigation. It

was therefore not appropriate to

consolidate these rules into the CAR

since they would likely be changing.

Our intention was to keep the rule

development process manageable in

order to develop a practical CAR in a

reasonable amount of time. The details,

approach, and regulatory text for

including additional rules in the CAR

have not been investigated. To include

additional rules in the consolidation

effort at this point would require

substantial time, resources, and a

supplemental proposal. We consider our

efforts better spent finalizing this rule.

We do not agree that sources have no

incentive to use the CAR. We maintain

that there can be significant burden

reduction with the rules that are

currently consolidated, and that the

burden reduction will persuade sources

to use the CAR.

2. CAR for New Regulations

Comments: Four commenters

requested that we consider using the

CAR as a compliance option for new

regulations. Two commenters

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78271

specifically mentioned the

Miscellaneous Organic NESHAP, one

commenter mentioned the Generic

MACT, and one commenter mentioned

the Ethylene MACT. One commenter

recommended that any new regulations

applicable to the SOCMI that may be

promulgated should be incorporated

into the CAR for use by affected sources

that have opted to use the CAR. The

commenter stated that in this case,

additional incorporated rules would

follow part 70 on opting new rules into

a title V permit as they are promulgated.

Response: We may consider using the

CAR in future rulemakings. Because of

the timing of the Generic MACT’s

promulgation (64 FR 34854; June 29,

1999), it was not possible to consolidate

that rule into the CAR. However, the

Generic MACT employs similar

structure, concept, and provisions to the

CAR.

3. Referencing Subparts Using the CAR

Comments: Several commenters

requested that rules that refer to

referencing subparts should be allowed

to use the CAR as a compliance option.

Commenters specifically mentioned 40

CFR part 63, subpart I, the polymers and

resins MACT standards, and 40 CFR

part 60, subpart DDD, equipment leak

provisions. Two commenters requested

any MACT standard that points to the

HON be allowed the option to comply

with the CAR.

Response: We have not expanded the

scope of the final rule to include other

regulations that refer to referencing

subparts. Expanding the scope of the

CAR to other rules at this point would

entail additional proposals. The details,

approach, and ramifications of allowing

the CAR for these other rules have not

been investigated. Many of the rules that

point to the CAR’s referencing subparts

for requirements generally have

complex references, with conditions

and exceptions to the referencing

subparts. To allow these rules to comply

with the CAR would require us to study

the conditions and exceptions and

possibly develop detailed references for

compliance with the CAR. We are

finalizing this rule so that the burden

reductions associated with it can be

used as soon as possible, and we may

consider additional provisions in later

rulemakings.

4. Polystyrene Process Vents

Comment: One commenter noted that

the proposed language in § 60.560(j) and

(k) would not allow polystyrene process

vents subject to 40 CFR part 60, subpart

DDD, to use the CAR. These process

vents have the same requirements as the

polypropylene and polyethylene

process vents subject to subpart DDD

that could opt into the CAR under the

proposed rule.

Response: We agree that the

polystyrene process vents subject to

subpart DDD that choose the control

device or flare compliance option

should be allowed to opt into the CAR.

We have edited the final rule to allow

this option.

C. How Has EPA Changed the Connector

Monitoring Requirements?

We have provided a sensory

inspection alternative to instrument

monitoring for sources subject only to

40 CFR part 60, subpart VV and 40 CFR

part 61, subpart V, to eliminate a

disincentive to use the CAR.

Comments: Several commenters noted

that the proposed CAR imposed a

significant increase in equipment leak

monitoring burden for connectors in

gas/vapor or light liquid service if the

owner or operator decided to opt into

the CAR for compliance. Specifically,

these connectors subject to 40 CFR part

60, subpart VV, and 40 CFR part 61,

subpart V, would have been subject to

periodic instrument monitoring under

the CAR. Under the referencing

subparts, however, instrument

monitoring was only required if sensory

indications of a leak were detected. In

other words, if plant personnel see,

hear, or smell a potential leak, then they

would investigate the potential leak by

performing instrument monitoring.

Instrument monitoring, the

commenters noted, is a substantial

burden increase over sensory

inspection. The commenters felt that

this created a financial disincentive to

use the CAR for some owners or

operators. The commenters reasoned

that if having to perform routine,

periodic instrument monitoring of

connectors costs more than is saved by

complying with the CAR at the rest of

the facility, then the owner or operator

would likely decide not to use the CAR.

The commenters also noted that

removing the requirement for

instrument monitoring still has the

potential to achieve an overall increase

in environmental benefit. By

maintaining the status quo with regard

to performing sensory inspection for

connectors, many subparts V and VV

facilities may opt into the CAR. Once in

the CAR, they must comply with the

CAR’s lower leak definitions for valves

(500 parts per million (ppm)) and

pumps (1,000 ppm for pumps in general

service) instead of the referencing

subparts’ leak definition (10,000 ppm)

for this equipment. The lower leak

definitions would push the facilities

towards better performance, potentially

increasing the benefit to the

environment.

Response: We agree that initiating

instrument monitoring for connectors at

a facility currently performing only

sensory monitoring presents a

significant and unanticipated financial

disincentive to using the CAR. Because

we believe that having more facilities

using the CAR will result in reduced

burden for both industry and regulators,

we have provided a sensory monitoring

option for sources subject only to

subparts V and VV to eliminate this

disincentive.

We have modified the CAR so that it

contains an exemption from the

instrument monitoring protocol for

connectors referenced from subparts V

and VV. It should be noted that the

owner or operator may choose to

perform instrument monitoring for these

connectors if, for example, the owner or

operator wanted to have one set of

protocols for all the connectors at a

facility and some of them were

referenced to the CAR from the HON.

Instrument monitoring would be

required for the connectors referenced

from the HON, and it may be simpler to

instrument monitor all of the connectors

rather than single out some connectors

for instrument monitoring and others for

sensory inspection.

No degradation of environmental

protection results from the CAR

requiring sensory monitoring for

connectors referenced from subparts V

and VV because that is what those two

referencing subparts currently require.

In fact, as commenters noted, because

the CAR consolidates on lower leak

definitions for other equipment,

environmental protection will

potentially be strengthened because

subparts V and VV have a 10,000 ppm

leak definition.

D. What Changes Were Made to the

Process of Implementing the CAR?

We clarified the provisions for setting

the implementation schedule to specify

that the schedule must be set by mutual

agreement with the Administrator. This

language was also revised to be

consistent with the CAR most likely

being a minor permit modification to a

title V permit. In the proposed CAR, the

implementation schedule was to be

established in a title V permit. It was

meant to require that the regulated

source propose the implementation

schedule in a title V amendment. The

final schedule as approved by the

permitting authority would be

established in the title V permit. In

other words, the permitting authority

would signal approval by including the

schedule in the title V permit. However,

78272 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

since the title V amendment is a minor

permit modification, there is no real

opportunity for the permitting

authority’s approval. Therefore, the

language associated with the

implementation schedule was modified

to establish the schedule by mutual

agreement between the source and the

permitting authority outside the title V

process.

III. Other Changes Since Proposal

In addition to those changes

discussed in section II of this preamble,

we made numerous other, less

significant, changes, including editorial

changes and corrections to make the

rule more clear. Most of these changes

were made in response to comment and

are discussed in detail in the BID (see

the ADDRESSES section of this preamble).

IV. Has EPA Changed Its Approach for

Delegating the CAR to State

Authorities?

No. Our approach is outlined here

and clarification is provided regarding

States that do not have delegated

authority of the underlying rules but

have an approved title V program.

At proposal, we specifically requested

comment on this streamlined approach

to State delegation. Commenters who

commented on delegation were

unanimous in support of our approach.

They agreed with our rationale and

echoed our belief that the approach we

outlined will facilitate and expedite

delegation and implementation of the

CAR.

To avoid impeding the adoption of

the CAR, we specified a streamlined

approach to implement the CAR using

State authorities who have been

delegated authority for the referencing

subparts. Our approach is based on two

steps. First, we intend to recognize the

CAR as an alternative compliance

approach to the referencing subparts.

Second, we intend to waive the need for

formal delegation of the CAR where the

State is already delegated authority to

implement the underlying NSPS or

NESHAP. The details and implications

of both of these steps are discussed in

detail in the proposal preamble (63 FR

57784; October 28, 1998).

One commenter supported an

approach that would provide for

implementation of the CAR in States

with an approved title V program,

regardless of whether the State has

received formal delegation of the

underlying rules. We agree with the

commenter that delegation of the CAR

could also occur when States have an

approved title V program. We recognize

that fewer States have accepted

delegation of the part 63 rules than the

parts 60 and 61 rules. By incorporating

the part 63 rules into the title V permit

as applicable requirements, the terms

and conditions of the part 63 rules

become enforceable by the permitting

authority through the permit, as if the

part 63 rules themselves were delegated.

We agree that the CAR could be

delegated to permitting authorities with

approved title V programs in place;

however, there are advantages to

obtaining formal delegation of the CAR

by the permitting authority. Delegation

should be conditioned to ensure the

CAR is substantively incorporated

unchanged into the permit.

As stated above, there are advantages

to accepting formal delegation of the

CAR. Permitting authorities that accept

formal delegation of the CAR through

accepting delegation of the referencing

subparts, i.e., the HON (or accept formal

delegation of any section 112

requirement), are the clear enforcement

authorities. In other words, if the

permitting authority does not accept

formal delegation of the referencing

subparts, then the EPA Regional Office

remains the enforcement authority, and

sources must submit duplicate reports

to both the EPA Regional Office and the

permitting authority. Additionally, if

the permitting authority accepts formal

delegation of the referencing subparts,

then the permitting authority can make

the discretionary decisions regarding

the general provisions authorities. For

example, if a source wants to change

some facet of its monitoring program,

then, in some cases, a permitting

authority that has accepted delegation of

the CAR will be able to approve this

change. See the 40 CFR part 63, subpart

E preamble (64 FR 1879; January 12,

1999) for more information.

V. Has EPA Changed Its Approach for

Incorporating CAR Requirements Into

the Title V Permit?

No. At proposal, we specifically

requested comment on our

interpretation of using the minor permit

modification mechanism to implement

the CAR at title V sources. Commenters

agreed and expressed support for our

approach. The use of the CAR is subject

to mutual agreement with the

Administrator, and the title V permit

modification is the appropriate

mechanism.

The proposal preamble discussed the

incorporation of the CAR requirements

into the title V permit in detail (63 FR

57786; October 28, 1998). At proposal,

we reasoned that of the three

mechanisms through which a permit

can be modified (administrative

amendments, minor permit

modification, or significant

modifications), a minor permit

modification is the correct mechanism

to use to incorporate the CAR in most

cases. Because the source does not have

significant discretion in establishing the

specific requirements, adopting the CAR

qualifies as a minor permit

modification. In cases where the CAR

allows significant discretion on the part

of the source in determining monitoring,

recordkeeping or reporting

requirements, and these are being

established for the first time through the

permit revision process, we would

consider this change to be a significant

modification to the permit. An example

of this type of provision is under

§ 65.162(e) of 40 CFR part 65, subpart G,

which applies to sources who are

directed under § 65.154(c)(2) or

§ 65.155(c)(1) to set unique monitoring

parameters.

VI. Administrative Requirements

A. Paperwork Reduction Act

The information collection

requirements in this final rule have been

submitted for approval to the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq. An Information Collection

Request (ICR) document has been

prepared by EPA (ICR No. 1854.01) and

a copy may be obtained from Sandy

Farmer by mail at Collection Strategies

Division; U.S. Environmental Protection

Agency (2822); 1200 Pennsylvania Ave.,

SW; Washington, DC 20460; by e-mail at

farmer.sandy@epa.gov, or by calling

(202) 260–2740. A copy may also be

downloaded from the internet at http:/

/www.epa.gov/icr. The information

requirements are not enforceable until

OMB approves them.

Information is required to ensure

compliance with the provisions of the

rules. The information collected

pursuant to the CAR will be used by

Agency enforcement personnel to: (1)

identify sources subject to the

standards, (2) identify the control

methodology being applied, and (3)

ensure that the emission control devices

are being properly operated and

maintained on a continuous basis.

In addition, records and reports are

necessary to enable EPA to identify

plants that may not be in compliance

with the standards. Based on reported

information, EPA can decide which

plants should be inspected and what

records or processes should be

inspected at the plants. The records that

plants maintain would indicate to EPA

whether plant personnel are operating

and maintaining control equipment

properly.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78273

These recordkeeping and reporting

requirements are specifically authorized

by section 114 of the Clean Air Act (42

U.S.C. 7414). All information submitted

to the EPA for which a claim of

confidentiality is made will be

safeguarded according to EPA policies

in 40 CFR part 2, subpart B,

‘‘Confidentiality of Business

Information.’’

The rules require that facility owners

or operators retain records for a period

of at least 5 years for title V sources,

which exceeds the 3-year retention

period contained in the guidelines in 5

CFR 1320.6. The 5-year retention period

is consistent with the general provisions

of 40 CFR part 63, and with the 5-year

record retention requirement in the

operating permit program under title V

of the Act.

Reports are required on a semi-annual

basis and as required, such as

notification of performance testing.

Information to be reported consists of

emission data and other information

that are not of a sensitive nature. If the

relevant information were collected less

frequently, the EPA would not be

reasonably assured that a source is in

compliance with the rules. In addition,

the EPA’s authority to take

administrative action would be reduced

significantly. No sensitive personal or

proprietary information are being

collected.

The burden estimate is an estimate of

the recordkeeping and reporting burden

that will be incurred by a representative

respondent choosing to comply with the

CAR. The estimated annual average

hour burden for all respondents is about

427,046 hours, or about 5,338 hours per

respondent. The estimated annual

average cost of this burden is about

$23,051,000 for all of the estimated 80

projected respondents. An additional

cost for operation and maintenance of

monitoring systems and computers is

about $32,333,600, for a total cost of

about $702,708 per respondent. The

estimated annual average hour burden

for the Federal government is about

6,600 hours, with an associated cost of

about $263,000. These estimates do not

include the burden reduction achieved

from not having to comply with the

referencing subparts. The net burden

reduction to the industry is estimated to

be about 464,000 hours per year.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR chapter 15.

B. Executive Order 12866: Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether a regulatory action is

‘‘significant’’ and therefore subject to

OMB review and the requirements of

the Executive Order. The Order defines

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, OMB has notified EPA

that it considers this a ‘‘significant

regulatory action’’ within the meaning

of the Executive Order. The EPA has

submitted this action to OMB for

review. Changes made in response to

OMB suggestions or recommendations

will be documented in the public

record.

C. Executive Order 13132: Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

If EPA complies by consulting,

Executive Order 13132 requires EPA to

provide to OMB, in a separately

identified section of the preamble to the

rule, a federalism summary impact

statement (FSIS). The FSIS must include

a description of the extent of EPA’s

prior consultation with State and local

officials, a summary of the nature of

their concerns and the agency’s position

supporting the need to issue the

regulation, and a statement of the extent

to which the concerns of State and local

officials have been met. Also, when EPA

transmits a draft final rule with

federalism implications to OMB for

review pursuant to Executive Order

12866, EPA must include a certification

from the agency’s Federalism Official

stating that EPA has met the

requirements of Executive Order 13132

in a meaningful and timely manner.

This final rule will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This rule

consolidates requirements for existing

rules, and will result in no net increase

of recordkeeping and reporting to State

agencies. Thus, the requirements of

section 6 of the Executive Order do not

apply to this rule. Although section 6 of

Executive Order 13132 does not apply

to this rule, EPA did consult with State

and local officials in developing this

rule.

78274 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

D. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. Accordingly,

the requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any 1 year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that these

rules do not contain a Federal mandate

that may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate or

the private sector in any 1 year. Thus,

today’s rules are not subject to the

requirements of sections 202 and 205 of

the UMRA.

The EPA has determined that these

rules contain no regulatory

requirements that might significantly or

uniquely affect small governments. No

small government entities have been

identified that have involvement with

these source categories and, as such, are

not covered by the regulatory

requirements of the proposed

regulations.

F. Regulatory Flexibility

The Regulatory Flexibility Act, as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.,

generally requires an agency to prepare

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency determines that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

After considering the economic

impacts of today’s final rule on small

entities, EPA has determined that this

action will not have a significant

economic impact on a substantial

number of small entities and therefore a

regulatory flexibility analysis was not

necessary. This final rule is an optional

compliance method and does not

introduce any new requirements.

Sources, including small entities, may

choose to comply with the final rule if

they determine that it would be

beneficial to do so. We have therefore

concluded that today’s final rule will

relieve regulatory burden for all small

entities.

G. National Technology Transfer and

Advancement Act

As stated in the proposed rule, section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note), directs the

EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, business

practices, etc.) that are developed or

adopted by voluntary consensus

standard bodies. The purpose of the

NTTAA is to reduce the costs to the

private and public sectors by requiring

Federal agencies to use existing

technical standards used in commerce

or industry. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

The technical standards promulgated

with this final rule are standards that

have been proposed and promulgated

under other rulemakings for similar

source control applicability and

compliance determinations. Since

today’s final rule does not involve the

establishment or modification of

technical standards, the requirements of

the NTTAA do not apply.

H. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045 (62 FR 19885,

April 23, 1997) applies to any rule that:

(1) is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the EPA must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

health or safety risks, such that the

analysis required under section 5–501 of

the Executive Order has the potential to

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78275

influence the regulation. This final rule

is not subject to Executive Order 13045

because it does not involve decisions on

environmental health risks or safety

risks that may disproportionately affect

children.

I. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801, et seq., as added by the

SBREFA of 1996, generally provides

that before a rule may take effect, the

agency adopting the rule must submit a

rule report, which includes a copy of

the rule, to each House of the Congress

and to the Comptroller General of the

United States. The EPA submitted a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 60

Environmental protection,

Administrative practice and procedure,

Air pollution control, Chemicals,

Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements,

Volatile organic compounds.

40 CFR Part 61

Environmental protection, Air

pollution control, Hazardous

substances, Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements.

40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

40 CFR Part 65

Environmental protection, Air

pollution control, Incorporation by

reference. Intergovernmental relations.

Reporting and recordkeeping

requirements.

Dated: September 20, 2000.

Carol M. Browner,

Administrator.

For the reasons cited in the preamble,

title 40, chapter I of the Code of Federal

Regulations is amended as follows:

PART 60—[AMENDED]

1. The authority citation for part 60 is

revised to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart A—General Provisions

§ 60.17 [Amended]

1a. Amend § 60.17 as follows:

a. In paragraph (a)(12), remove ‘‘98,’’;

b. In paragraph (a)(13), remove ‘‘95,’’

and ‘‘97,’’;

c. In paragraph (a)(14), remove, ‘‘98,’’;

d. In paragraph (a)(19), add

‘‘(Reapproved 1980)’’ after ‘‘D1475–60’’

and remove ‘‘80,’’;

e. In paragraph (a)(22), remove

‘‘82,86,’’;

f. In paragraph (a)(28), remove ‘‘97a,’’;

and

g. In paragraph (a)(47), add ‘‘Test’’

after ‘‘Standard’’.

Subpart Ka—Standards of

Performance for Storage Vessels for

Petroleum Liquids for Which

Construction, Reconstruction, or

Modification Commenced After May 18,

1978, and Prior to July 23, 1984

2. Section 60.110a is amended by

revising paragraph (a) and adding

paragraph (c) to read as follows:

§ 60.110a Applicability and designation of

affected facility.

(a) Affected facility. Except as

provided in paragraph (b) of this

section, the affected facility to which

this subpart applies is each storage

vessel with a storage capacity greater

than 151,416 liters (40,000 gallons) that

is used to store petroleum liquids for

which construction is commenced after

May 18, 1978.

* * * * *

(c) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators may choose to

comply with 40 CFR part 65, subpart C,

to satisfy the requirements of §§ 60.112a

through 60.114a for storage vessels that

are subject to this subpart that store

petroleum liquids that, as stored, have

a maximum true vapor pressure equal to

or greater than 10.3 kPa (1.5 psia). Other

provisions applying to owners or

operators who choose to comply with 40

CFR part 65 are provided in 40 CFR

65.1.

(2) Part 60, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart C, must also

comply with §§ 60.1, 60.2, 60.5, 60.6,

60.7(a)(1) and (4), 60.14, 60.15, and

60.16 for those storage vessels. All

sections and paragraphs of subpart A of

this part that are not mentioned in this

paragraph (c)(2) do not apply to owners

or operators of storage vessels

complying with 40 CFR part 65, subpart

C, except that provisions required to be

met prior to implementing 40 CFR part

65 still apply. Owners and operators

who choose to comply with 40 CFR part

65, subpart C, must comply with 40 CFR

part 65, subpart A.

3. Section 60.115a is amended by

revising paragraph (d)(2) to read as

follows:

§ 60.115a Monitoring of operations.

* * * * *

(d) * * *

(2) The owner or operator of each

storage vessel equipped with a vapor

recovery and return or disposal system

in accordance with the requirements of

§ 60.112a(a)(3) and (b), or a closed vent

system and control device meeting the

specifications of 40 CFR 65.42(b)(4),

(b)(5), or (c).

Subpart Kb—Standards of

Performance for Volatile Organic

Liquid Storage Vessels (Including

Petroleum Liquid Storage Vessels) for

Which Construction, Reconstruction,

or Modification Commenced After July

23, 1984

4. Section 60.110b is amended by

adding paragraph (e) to read as follows:

§ 60.110b Applicability and designation of

affected facility.

* * * * *

(e) Alternative means of

compliance.—(1) Option to comply with

part 65. Owners or operators may

choose to comply with 40 CFR part 65,

subpart C, to satisfy the requirements of

§§ 60.112b through 60.117b for storage

vessels that are subject to this subpart

that meet the specifications in

paragraphs (e)(1)(i) and (ii) of this

section. When choosing to comply with

40 CFR part 65, subpart C, the

monitoring requirements of § 60.116b(c),

(e), (f)(1), and (g) still apply. Other

provisions applying to owners or

operators who choose to comply with 40

CFR part 65 are provided in 40 CFR

65.1.

(i) A storage vessel with a design

capacity greater than or equal to 151 m3

containing a VOL that, as stored, has a

maximum true vapor pressure equal to

or greater than 5.2 kPa; or

(ii) A storage vessel with a design

capacity greater than 75 m3 but less than

151 m3 containing a VOL that, as stored,

has a maximum true vapor pressure

equal to or greater than 27.6 kPa.

(2) Part 60, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart C, must also

78276 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

comply with §§ 60.1, 60.2, 60.5, 60.6,

60.7(a)(1) and (4), 60.14, 60.15, and

60.16 for those storage vessels. All

sections and paragraphs of subpart A of

this part that are not mentioned in this

paragraph (e)(2) do not apply to owners

or operators of storage vessels

complying with 40 CFR part 65, subpart

C, except that provisions required to be

met prior to implementing 40 CFR part

65 still apply. Owners and operators

who choose to comply with 40 CFR part

65, subpart C, must comply with 40 CFR

part 65, subpart A.

(3) Internal floating roof report. If an

owner or operator installs an internal

floating roof and, at initial startup,

chooses to comply with 40 CFR part 65,

subpart C, a report shall be furnished to

the Administrator stating that the

control equipment meets the

specifications of 40 CFR 65.43. This

report shall be an attachment to the

notification required by 40 CFR 65.5(b).

(4) External floating roof report. If an

owner or operator installs an external

floating roof and, at initial startup,

chooses to comply with 40 CFR part 65,

subpart C, a report shall be furnished to

the Administrator stating that the

control equipment meets the

specifications of 40 CFR 65.44. This

report shall be an attachment to the

notification required by 40 CFR 65.5(b).

5. Section 60.116b is amended by

revising paragraph (g) to read as follows:

§ 60.116b Monitoring of operations.

* * * * *

(g) The owner or operator of each

vessel equipped with a closed vent

system and control device meeting the

specification of § 60.112b or with

emissions reductions equipment as

specified in 40 CFR 65.42(b)(4), (b)(5),

(b)(6), or (c) is exempt from the

requirements of paragraphs (c) and (d)

of this section.

Subpart VV—Standards of

Performance for Equipment Leaks of

VOC in the Synthetic Organic

Chemicals Manufacturing Industry

6. Section 60.480 is amended by

adding paragraph (e) to read as follows:

§ 60.480 Applicability and designation of

affected facility.

* * * * *

(e) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators may choose to

comply with the provisions of 40 CFR

part 65, subpart F, to satisfy the

requirements of §§ 60.482 through

60.487 for an affected facility. When

choosing to comply with 40 CFR part

65, subpart F, the requirements of

§ 60.485(d), (e), and (f), and § 60.486(i)

and (j) still apply. Other provisions

applying to an owner or operator who

chooses to comply with 40 CFR part 65

are provided in 40 CFR 65.1.

(2) Part 60, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart F must also

comply with §§ 60.1, 60.2, 60.5, 60.6,

60.7(a)(1) and (4), 60.14, 60.15, and

60.16 for that equipment. All sections

and paragraphs of subpart A of this part

that are not mentioned in this paragraph

(e)(2) do not apply to owners or

operators of equipment subject to this

subpart complying with 40 CFR part 65,

subpart F, except that provisions

required to be met prior to

implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart F, must comply with 40 CFR

part 65, subpart A.

7. Section 60.481 is amended by

revising the definition of ‘‘Closed vent

system’’ and adding in alphabetical

order the definitions of ‘‘Duct work,’’

‘‘Fuel gas,’’ ‘‘Fuel gas system,’’ ‘‘Hardpiping,’’ and ‘‘Sampling connection

system,’’ to read as follows:

§ 60.481 Definitions.

* * * * *

Closed vent system means a system

that is not open to the atmosphere and

that is composed of hard-piping,

ductwork, connections, and, if

necessary, flow-inducing devices that

transport gas or vapor from a piece or

pieces of equipment to a control device

or back to a process.

* * * * *

Duct work means a conveyance

system such as those commonly used

for heating and ventilation systems. It is

often made of sheet metal and often has

sections connected by screws or

crimping. Hard-piping is not ductwork.

* * * * *

Fuel gas means gases that are

combusted to derive useful work or

heat.

Fuel gas system means the offsite and

onsite piping and flow and pressure

control system that gathers gaseous

stream(s) generated by onsite

operations, may blend them with other

sources of gas, and transports the

gaseous stream for use as fuel gas in

combustion devices or in-process

combustion equipment, such as

furnaces and gas turbines, either singly

or in combination.

Hard-piping means pipe or tubing that

is manufactured and properly installed

using good engineering judgement and

standards such as ASME B31.3, Process

Piping (available from the American

Society of Mechanical Engineers, PO

Box 2900, Fairfield, NJ 07007–2900).

* * * * *

Sampling connection system means

an assembly of equipment within a

process unit used during periods of

representative operation to take samples

of the process fluid. Equipment used to

take nonroutine grab samples is not

considered a sampling connection

system.

* * * * *

8. Section 60.482–1 is amended by

revising paragraph (a) to read as follows:

§ 60.482–1 Standards: General.

(a) Each owner or operator subject to

the provisions of this subpart shall

demonstrate compliance with the

requirements of §§ 60.482–1 through

60.482–10 or § 60.480(e) for all

equipment within 180 days of initial

startup.

* * * * *

9. Section 60.482–2 is amended by:

a. Revising paragraph (d)(1)(ii);

b. Revising paragraph (f);

c. Adding paragraph (g); and

d. Adding paragraph (h).

The revisions and additions read as

follows:

§ 60.482–2 Standards: Pumps in light

liquid service.

* * * * *

(d) * * *

(1) * * *

(ii) Equipment with a barrier fluid

degassing reservoir that is routed to a

process or fuel gas system or connected

by a closed vent system to a control

device that complies with the

requirements of § 60.482–10; or

* * * * *

(f) If any pump is equipped with a

closed vent system capable of capturing

and transporting any leakage from the

seal or seals to a process or to a fuel gas

system or to a control device that

complies with the requirements of

§ 60.482–10, it is exempt from

paragraphs (a) through (e) of this

section.

(g) Any pump that is designated, as

described in § 60.486(f)(1), as an unsafeto-monitor pump is exempt from the

monitoring and inspection requirements

of paragraphs (a) and (d)(4) through (6)

of this section if:

(1) The owner or operator of the pump

demonstrates that the pump is unsafeto-monitor because monitoring

personnel would be exposed to an

immediate danger as a consequence of

complying with paragraph (a) of this

section; and

(2) The owner or operator of the pump

has a written plan that requires

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78277

monitoring of the pump as frequently as

practicable during safe-to-monitor times

but not more frequently than the

periodic monitoring schedule otherwise

applicable, and repair of the equipment

according to the procedures in

paragraph (c) of this section if a leak is

detected.

(h) Any pump that is located within

the boundary of an unmanned plant site

is exempt from the weekly visual

inspection requirement of paragraphs

(a)(2) and (d)(4) of this section, and the

daily requirements of paragraph (d)(5) of

this section, provided that each pump is

visually inspected as often as

practicable and at least monthly.

10. Section 60.482–3 is amended by

revising paragraphs (b)(2) and (h) to

read as follows:

§ 60.482–3 Standards: Compressors.

* * * * *

(b) * * *

(2) Equipped with a barrier fluid

system degassing reservoir that is routed

to a process or fuel gas system or

connected by a closed vent system to a

control device that complies with the

requirements of § 60.482–10; or

* * * * *

(h) A compressor is exempt from the

requirements of paragraphs (a) and (b) of

this section, if it is equipped with a

closed vent system to capture and

transport leakage from the compressor

drive shaft back to a process or fuel gas

system or to a control device that

complies with the requirements of

§ 60.482–10, except as provided in

paragraph (i) of this section.

* * * * *

11. Section 60.482–4 is amended by

revising paragraph (c), and adding

paragraph (d) to read as follows:

§ 60.482–4 Standards: Pressure relief

devices in gas/vapor service.

* * * * *

(c) Any pressure relief device that is

routed to a process or fuel gas system or

equipped with a closed vent system

capable of capturing and transporting

leakage through the pressure relief

device to a control device as described

in § 60.482–10 is exempted from the

requirements of paragraphs (a) and (b) of

this section.

(d)(1) Any pressure relief device that

is equipped with a rupture disk

upstream of the pressure relief device is

exempt from the requirements of

paragraphs (a) and (b) of this section,

provided the owner or operator

complies with the requirements in

paragraph (d)(2) of this section.

(2) After each pressure release, a new

rupture disk shall be installed upstream

of the pressure relief device as soon as

practicable, but no later than 5 calendar

days after each pressure release, except

as provided in § 60.482–9.

12. Section 60.482–5 is amended by:

a. Revising paragraph (a);

b. Revising the introductory text to

paragraph (b);

c. In paragraph (b)(3), removing the

period and adding ‘‘; or’’ in it’s place;

and

d. Adding paragraph (b)(4).

The revisions and addition read as

follows:

§ 60.482–5 Standards: Sampling

connection systems.

(a) Each sampling connection system

shall be equipped with a closed-purged,

closed-loop, or closed-vent system,

except as provided in § 60.482–1(c).

Gases displaced during filling of the

sample container are not required to be

collected or captured.

(b) Each closed-purge, closed-loop, or

closed-vent system as required in

paragraph (a) of this section shall

comply with the requirements specified

in paragraphs (b)(1) through (4) of this

section:

* * * * *

(4) Collect, store, and transport the

purged process fluid to any of the

following systems or facilities:

(i) A waste management unit as

defined in 40 CFR 63.111, if the waste

management unit is subject to, and

operated in compliance with the

provisions of 40 CFR part 63, subpart G,

applicable to Group 1 wastewater

streams;

(ii) A treatment, storage, or disposal

facility subject to regulation under 40

CFR part 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, or

registered by a State to manage

municipal or industrial solid waste, if

the process fluids are not hazardous

waste as defined in 40 CFR part 261.

* * * * *

13. Section 60.482–6 is amended by

adding paragraphs (d) and (e) to read as

follows:

§ 60.482–6 Standards: Open-ended valves

or lines.

* * * * *

(d) Open-ended valves or lines in an

emergency shutdown system which are

designed to open automatically in the

event of a process upset are exempt

from the requirements of paragraphs (a),

(b) and (c) of this section.

(e) Open-ended valves or lines

containing materials which would

autocatalytically polymerize or would

present an explosion, serious

overpressure, or other safety hazard if

capped or equipped with a double block

and bleed system as specified in

paragraphs (a) through (c) of this section

are exempt from the requirements of

paragraphs (a) through (c) of this

section.

14. Section 60.482–8 is amended by

revising the section heading and

paragraph (a) to read as follows:

§ 60.482–8 Standards: Pumps and valves

in heavy liquid service, pressure relief

devices in light liquid or heavy liquid

service, and connectors.

(a) If evidence of a potential leak is

found by visual, audible, olfactory, or

any other detection method at pumps

and valves in heavy liquid service,

pressure relief devices in light liquid or

heavy liquid service, and connectors,

the owner or operator shall follow either

one of the following procedures:

(1) The owner or operator shall

monitor the equipment within 5 days by

the method specified in § 60.485(b) and

shall comply with the requirements of

paragraphs (b) through (d) of this

section.

(2) The owner or operator shall

eliminate the visual, audible, olfactory,

or other indication of a potential leak.

* * * * *

15. Section 60.482–9 is amended by

revising paragraph (a) to read as follows:

§ 60.482–9 Standards: Delay of repair.

(a) Delay of repair of equipment for

which leaks have been detected will be

allowed if repair within 15 days is

technically infeasible without a process

unit shutdown. Repair of this

equipment shall occur before the end of

the next process unit shutdown.

* * * * *

16. Section 60.482–10 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 60.482–10 Standards: Closed vent

systems and control devices.

* * * * *

(b) Vapor recovery systems (for

example, condensers and absorbers)

shall be designed and operated to

recover the VOC emissions vented to

them with an efficiency of 95 percent or

greater, or to an exit concentration of 20

parts per million by volume, whichever

is less stringent.

(c) Enclosed combustion devices shall

be designed and operated to reduce the

VOC emissions vented to them with an

efficiency of 95 percent or greater, or to

an exit concentration of 20 parts per

million by volume, on a dry basis,

corrected to 3 percent oxygen,

whichever is less stringent or to provide

a minimum residence time of 0.75

78278 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

seconds at a minimum temperature of

816 °C.

* * * * *

17. Section 60.483–1 is amended by

revising paragraph (b)(1) to read as

follows:

§ 60.483–1 Alternative standards for

valves—allowable percentage of valves

leaking.

* * * * *

(b) * * *

(1) An owner or operator must notify

the Administrator that the owner or

operator has elected to comply with the

allowable percentage of valves leaking

before implementing this alternative

standard, as specified in § 60.487(d).

* * * * *

18. Section 60.483–2 is amended by

revising paragraph (a)(2) to read as

follows:

§ 60.483–2 Alternative standards for

valves—skip period leak detection and

repair.

(a) * * *

(2) An owner or operator must notify

the Administrator before implementing

one of the alternative work practices, as

specified in § 60.487(d).

* * * * *

19. Section 60.486 is amended by

revising paragraphs (f) introductory text

and (f)(1) to read as follows:

§ 60.486 Recordkeeping requirements.

(f) The following information

pertaining to all valves subject to the

requirements of § 60.482–7(g) and (h)

and to all pumps subject to the

requirements of § 60.482–2(g) shall be

recorded in a log that is kept in a readily

accessible location:

(1) A list of identification numbers for

valves and pumps that are designated as

unsafe-to-monitor, an explanation for

each valve or pump stating why the

valve or pump is unsafe-to-monitor, and

the plan for monitoring each valve or

pump.

* * * * *

Subpart DDD—Standards of

Performance for Volatile Organic

Compound (VOC) Emissions From the

Polymer Manufacturing Industry

* * * * *

20. Section 60.560 is amended by

adding paragraph (j) before the note to

read as follows:

§ 60.560 Applicability and designation of

affected facilities.

* * * * *

(j) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators may choose to

comply with 40 CFR part 65, subpart G,

for continuous process vents that are

subject to this subpart, that choose to

comply with § 60.562–1(a)(1)(i)(A), (B),

or (C) as allowed in § 60.562–1(a)(1) and

(b)(1)(iii). The requirements of 40 CFR

part 65, subpart G, satisfy the

requirements of paragraph (c) of this

section and §§ 60.563 through 60.566,

except for § 60.565(g)(1). Other

provisions applying to owners or

operators who choose to comply with 40

CFR part 65 are provided in 40 CFR

65.1.

(2) Part 60, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart G, must also

comply with §§ 60.1, 60.2, 60.5, 60.6,

60.7(a)(1) and (4), 60.14, 60.15, and

60.16 for those process vents. All

sections and paragraphs of subpart A of

this part that are not mentioned in this

paragraph (j)(2) do not apply to owners

or operators of process vents complying

with 40 CFR part 65, subpart G, except

that provisions required to be met prior

to implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart G, must comply with 40 CFR

part 65, subpart A.

(3) Initial startup notification. Each

owner or operator subject to the

provisions of this subpart that chooses

to comply with 40 CFR part 65, subpart

G, at initial startup shall notify the

Administrator of the specific provisions

of 40 CFR part 65, subpart G, with

which the owner or operator has elected

to comply. Notification shall be

submitted with the notification of initial

startup required by 40 CFR 65.5(b).

* * * * *

21. Section 60.565 is amended by

revising paragraph (g) introductory text

to read as follows:

§ 60.565 Reporting and recordkeeping

requirements.

* * * * *

(g) Each owner or operator of an

affected facility subject to the provisions

of this subpart and seeking to

demonstrate compliance with § 60.560(j)

or § 60.562–1 shall keep up-to-date,

readily accessible records of:

* * * * *

Subpart III—Standards of Performance

for Volatile Organic Compound (VOC)

Emissions From the Synthetic Organic

Chemical Manufacturing Industry

(SOCMI) Air Oxidation Unit Processes

22. Section 60.610 is amended by

adding paragraph (d) before the note to

read as follows:

§ 60.610 Applicability and designation of

affected facility.

* * * * *

(d) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators of process vents

that are subject to this subpart may

choose to comply with the provisions of

40 CFR part 65, subpart D, to satisfy the

requirements of §§ 60.612 through

60.615 and 60.618. The provisions of 40

CFR part 65 also satisfy the criteria of

paragraph (c) of this section. Other

provisions applying to an owner or

operator who chooses to comply with 40

CFR part 65 are provided in 40 CFR

65.1.

(2) Part 60, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart D, must also

comply with §§ 60.1, 60.2, 60.5, 60.6,

60.7(a)(1) and (4), 60.14, 60.15, and

60.16 for those process vents. All

sections and paragraphs of subpart A of

this part that are not mentioned in this

paragraph (d)(2) do not apply to owners

or operators of process vents complying

with 40 CFR part 65, subpart D, except

that provisions required to be met prior

to implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart D, must comply with 40 CFR

part 65, subpart A.

(3) Compliance date. Owners or

operators who choose to comply with 40

CFR part 65, subpart D, at initial startup

shall comply with paragraphs (d)(1) and

(2) of this section for each vent stream

on and after the date on which the

initial performance test is completed,

but not later than 60 days after

achieving the maximum production rate

at which the affected facility will be

operated, or 180 days after the initial

startup, whichever date comes first.

(4) Initial startup notification. Each

owner or operator subject to the

provisions of this subpart that chooses

to comply with 40 CFR part 65, subpart

D, at initial startup shall notify the

Administrator of the specific provisions

of 40 CFR 65.63(a)(1), (2), or (3) with

which the owner or operator has elected

to comply. Notification shall be

submitted with the notifications of

initial startup required by 40 CFR

65.5(b).

* * * * *

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78279

Subpart NNN—Standards of

Performance for Volatile Organic

Compound (VOC) Emissions From

Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Distillation Operations

23. Section 60.660 is amended by

adding paragraph (d) before the note to

read as follows:

§ 60.660 Applicability and designation of

affected facility.

* * * * *

(d) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators of process vents

that are subject to this subpart may

choose to comply with the provisions of

40 CFR part 65, subpart D, to satisfy the

requirements of §§ 60.662 through

60.665 and 60.668. The provisions of 40

CFR part 65 also satisfy the criteria of

paragraphs (c)(4) and (6) of this section.

Other provisions applying to an owner

or operator who chooses to comply with

40 CFR part 65 are provided in 40 CFR

65.1.

(2) Part 60, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart D, must also

comply with §§ 60.1, 60.2, 60.5, 60.6,

60.7(a)(1) and (4), 60.14, 60.15, and

60.16 for those process vents. All

sections and paragraphs of subpart A of

this part that are not mentioned in this

paragraph (d)(2) do not apply to owners

or operators of process vents complying

with 40 CFR part 65, subpart D, except

that provisions required to be met prior

to implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart D, must comply with 40 CFR

part 65, subpart A.

(3) Compliance date. Owners or

operators who choose to comply with 40

CFR part 65, subpart D, at initial startup

shall comply with paragraphs (d)(1) and

(2) of this section for each vent stream

on and after the date on which the

initial performance test is completed,

but not later than 60 days after

achieving the maximum production rate

at which the affected facility will be

operated, or 180 days after the initial

startup, whichever date comes first.

(4) Initial startup notification. Each

owner or operator subject to the

provisions of this subpart that chooses

to comply with 40 CFR part 65, subpart

D, at initial startup shall notify the

Administrator of the specific provisions

of 40 CFR 65.63(a)(1), (2), or (3), with

which the owner or operator has elected

to comply. Notification shall be

submitted with the notifications of

initial startup required by 40 CFR

65.5(b).

* * * * *

24. Section 60.665 is amended by

revising paragraph (l)(6) to read as

follows:

§ 60.665 Reporting and recordkeeping

requirements.

* * * * *

(l) * * *

(6) Any change in equipment or

process operation, as recorded under

paragraph (j) of this section, that

increases the design production

capacity above the low capacity

exemption level in § 60.660(c)(5) and

the new capacity resulting from the

change for the distillation process unit

containing the affected facility. These

must be reported as soon as possible

after the change and no later than 180

days after the change. These reports may

be submitted either in conjunction with

semiannual reports or as a single

separate report. A performance test must

be completed within the same time

period to obtain the vent stream flow

rate, heating value, and ETOC. The

performance test is subject to the

requirements of § 60.8. The facility must

begin compliance with the requirements

set forth in § 60.660(d) or § 60.662. If the

facility chooses to comply with

§ 60.662, the facility may qualify for an

exemption in § 60.660(c)(4) or (6).

* * * * *

Subpart RRR—Standards of

Performance for Volatile Organic

Compound (VOC) Emissions From

Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Reactor Processes

25. Section 60.700 is amended by

adding paragraph (d) before the note to

read as follows:

§ 60.700 Applicability and designation of

affected facility.

* * * * *

(d) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators of process vents

that are subject to this subpart may

choose to comply with the provisions of

40 CFR part 65, subpart D, to satisfy the

requirements of §§ 60.702 through

60.705 and 60.708. The provisions of 40

CFR part 65 also satisfy the criteria of

paragraphs (c)(2), (4), and (8) of this

section. Other provisions applying to an

owner or operator who chooses to

comply with 40 CFR part 65 are

provided in 40 CFR 65.1.

(2) Part 60, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart D, must also

comply with §§ 60.1, 60.2, 60.5, 60.6,

60.7(a)(1) and (4), 60.14, 60.15, and

60.16 for those process vents. All

sections and paragraphs of subpart A of

this part that are not mentioned in this

paragraph (d)(2) do not apply to owners

or operators of process vents complying

with 40 CFR part 65, subpart D, except

that provisions required to be met prior

to implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart D, must comply with 40 CFR

part 65, subpart A.

(3) Compliance date. Owners or

operators who choose to comply with 40

CFR part 65, subpart D at initial startup

shall comply with paragraphs (d)(1) and

(2) of this section for each vent stream

on and after the date on which the

initial performance test is completed,

but not later than 60 days after

achieving the maximum production rate

at which the affected facility will be

operated, or 180 days after the initial

startup, whichever date comes first.

(4) Initial startup notification. Each

owner or operator subject to the

provisions of this subpart that chooses

to comply with 40 CFR part 65, subpart

D, at initial startup shall notify the

Administrator of the specific provisions

of 40 CFR 65.63(a)(1), (2), or (3), with

which the owner or operator has elected

to comply. Notification shall be

submitted with the notifications of

initial startup required by 40 CFR

65.5(b).

* * * * *

26. Section 60.705 is amended by

revising paragraph (1)(5) to read as

follows:

§ 60.705 Reporting and recordkeeping

requirements.

* * * * *

(l) * * *

(5) Any change in equipment or

process operation, as recorded under

paragraph (i) of this section, that

increases the design production

capacity above the low capacity

exemption level in § 60.700(c)(3) and

the new capacity resulting from the

change for the reactor process unit

containing the affected facility. These

must be reported as soon as possible

after the change and no later than 180

days after the change. These reports may

be submitted either in conjunction with

semiannual reports or as a single

separate report. A performance test must

be completed within the same time

period to obtain the vent stream flow

rate, heating value, and ETOC. The

performance test is subject to the

requirements of § 60.8. The facility must

begin compliance with the requirements

set forth in § 60.702 or § 60.700(d). If the

78280 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

facility chooses to comply with

§ 60.702, the facility may qualify for an

exemption under § 60.700(c)(2), (4), or

(8).

* * * * *

PART 61—[AMENDED]

27. The authority citation for part 61

is revised to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart A—General Provisions

28. Amend § 61.18 as follows:

a. In paragraph (a)(5), add ‘‘Standard

Test Method for’’ after ‘‘88,’’;

b. In paragraph (a)(8), add

‘‘(Reapproved 1993)’’ after ‘‘88’’ and

remove ‘‘93,’’;

c. Redesignate paragraphs (a)(9)

through (a)(13) as paragraphs (a)(10)

through (a)(14);

d. Add new paragraph (a)(9); and

e. Add paragraph (e).

The additions read as follows:

§ 61.18 Incorporations by reference.

(a) * * *

(9) ASTM D2879–83, Standard Test

Method for Vapor Pressure—

Temperature Relationship and Initial

Decomposition Temperature of Liquids

by Isoteniscope, IBR approved

December 14, 2000 for § 61.241.

* * * * *

(e) The materials listed in this

paragraph (e) are available for purchase

from the American Petroleum Institute

(API), 1220 L Street, NW., Washington,

DC 20005.

(1) API Publication 2517, Evaporative

Loss from External Floating-Roof Tanks,

Third Edition. February 1989. IBR

approved December 14, 2000 for

§ 61.241.

(2) [Reserved]

Subpart J—National Emission

Standard for Equipment Leaks

(Fugitive Emission Sources) of

Benzene

29. Section 61.110 is amended by

revising paragraph (a) to read as follows:

§ 61.110 Applicability and designation of

sources.

(a) The provisions of this subpart

apply to each of the following sources

that are intended to operate in benzene

service: pumps, compressors, pressure

relief devices, sampling connection

systems, open-ended valves or lines,

valves, connectors, surge control

vessels, bottoms receivers, and control

devices or systems required by this

subpart.

* * * * *

Subpart V—National Emission

Standard for Equipment Leaks

(Fugitive Emission Sources)

30. Section 61.240 is amended by

revising paragraph (a) and adding

paragraph (d) to read as follows:

§ 61.240 Applicability and designation of

sources.

(a) The provisions of this subpart

apply to each of the following sources

that are intended to operate in volatile

hazardous air pollutant (VHAP) service:

pumps, compressors, pressure relief

devices, sampling connection systems,

open-ended valves or lines, valves,

connectors, surge control vessels,

bottoms receivers, and control devices

or systems required by this subpart.

* * * * *

(d) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators may choose to

comply with 40 CFR part 65 to satisfy

the requirements of §§ 61.242–1 through

61.247 for equipment that is subject to

this subpart and that is part of the same

process unit. When choosing to comply

with 40 CFR part 65, the requirements

of §§ 61.245(d) and 61.246(i) and (j) still

apply. Other provisions applying to

owners or operators who choose to

comply with 40 CFR part 65 are

provided in 40 CFR 65.1.

(2) Part 65, subpart C or F. For owners

or operators choosing to comply with 40

CFR part 65, each surge control vessel

and bottoms receiver subject to this

subpart that meets the conditions

specified in table 1 or table 2 of this

subpart shall meet the requirements for

storage vessels in 40 CFR part 65,

subpart C; all other equipment subject to

this subpart shall meet the requirements

in 40 CFR part 65, subpart F.

(3) Part 61, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart C or F, must also

comply with §§ 61.01, 61.02, 61.05

through 61.08, 61.10(b) through (d),

61.11, and 61.15 for that equipment. All

sections and paragraphs of subpart A of

this part that are not mentioned in this

paragraph (d)(3) do not apply to owners

or operators of equipment subject to this

subpart complying with 40 CFR part 65,

subpart C or F, except that provisions

required to be met prior to

implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart C or F, must comply with 40

CFR part 65, subpart A.

(4) Rules referencing this subpart.

Owners or operators referenced to this

subpart from subpart F or J of this part

may choose to comply with 40 CFR part

65 for all equipment listed in paragraph

(a) of this section.

31. Section 61.241 is amended by

revising the definitions of ‘‘Closed-vent

system’’ and ‘‘Equipment,’’ adding in

alphabetical order the definitions of

‘‘Bottoms receiver,’’ ‘‘Duct work,’’ ‘‘Fuel

gas,’’ ‘‘Fuel gas system,’’ ‘‘Hard-piping,’’

‘‘Maximum true vapor pressure,’’

‘‘Sampling connection system,’’ and

‘‘Surge control vessel,’’ and removing

the definition of ‘‘Product accumulator

vessel’’ to read as follows:

§ 61.241 Definitions.

* * * * *

Bottoms receiver means a tank that

collects distillation bottoms before the

stream is sent for storage or for further

downstream processing.

Closed-vent system means a system

that is not open to atmosphere and that

is composed of hard-piping, ductwork,

connections, and, if necessary, flowinducing devices that transport gas or

vapor from a piece or pieces of

equipment to a control device or back to

a process.

* * * * *

Duct work means a conveyance

system such as those commonly used

for heating and ventilation systems. It is

often made of sheet metal and often has

sections connected by screws or

crimping. Hard-piping is not ductwork.

Equipment means each pump,

compressor, pressure relief device,

sampling connection system, openended valve or line, valve, connector,

surge control vessel, bottoms receiver in

VHAP service, and any control devices

or systems required by this subpart.

* * * * *

Fuel gas means gases that are

combusted to derive useful work or

heat.

Fuel gas system means the offsite and

onsite piping and flow and pressure

control system that gathers gaseous

stream(s) generated by onsite

operations, may blend them with other

sources of gas, and transports the

gaseous stream for use as fuel gas in

combustion devices or in-process

combustion equipment, such as

furnaces and gas turbines, either singly

or in combination.

Hard-piping means pipe or tubing that

is manufactured and properly installed

using good engineering judgement and

standards such as ASME B31.3, Process

Piping (available from the American

Society of Mechanical Engineers, PO

Box 2900, Fairfield, NJ 07007–2900).

* * * * *

Maximum true vapor pressure means

the equilibrium partial pressure exerted

by the total VHAP in the stored or

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78281

transferred liquid at the temperature

equal to the highest calendar-month

average of the liquid storage or transfer

temperature for liquids stored or

transferred above or below the ambient

temperature or at the local maximum

monthly average temperature as

reported by the National Weather

Service for liquids stored or transferred

at the ambient temperature, as

determined:

(1) In accordance with methods

described in American Petroleum

Institute Publication 2517, Evaporative

Loss From External Floating-Roof Tanks

(incorporated by reference as specified

in § 61.18); or

(2) As obtained from standard

reference texts; or

(3) As determined by the American

Society for Testing and Materials

Method D2879–83, Standard Test

Method for Vapor Pressure-Temperature

Relationship and Initial Decomposition

Temperature of Liquids by Isoteniscope

(incorporated by reference as specified

in § 61.18); or

(4) Any other method approved by the

Administrator.

* * * * *

Sampling connection system means

an assembly of equipment within a

process unit used during periods of

representative operation to take samples

of the process fluid. Equipment used to

take non-routine grab samples is not

considered a sampling connection

system.

* * * * *

Surge control vessel means feed

drums, recycle drums, and intermediate

vessels. Surge control vessels are used

within a process unit when in-process

storage, mixing, or management of flow

rates of volumes is needed on a

recurring or ongoing basis to assist in

production of a product.

* * * * *

32. Section 61.242–2 is amended by:

a. Redesignating paragraph (g) as

paragraph (h);

b. Revising paragraph (a)(1);

c. Revising paragraph (d)(1)(ii);

d. Revising paragraph (f);

e. Adding new paragraph (g); and

f. Revising newly designated

paragraph (h).

The revisions and addition read as

follows:

§ 61.242–2 Standards: Pumps.

(a)(1) Each pump shall be monitored

monthly to detect leaks by the methods

specified in § 61.245(b), except as

provided in § 61.242–1(c) and

paragraphs (d), (e), (f) and (g) of this

section.

* * * * *

(d) * * *

(1) * * *

(ii) Equipped with a barrier fluid

degassing reservoir that is routed to a

process or fuel gas system or connected

by a closed-vent system to a control

device that complies with the

requirements of § 61.242–11; or

* * * * *

(f) If any pump is equipped with a

closed-vent system capable of capturing

and transporting any leakage from the

seal or seals to a process or fuel gas

system or to a control device that

complies with the requirements of

§ 61.242–11, it is exempt from the

requirements of paragraphs (a) through

(e) of this section.

(g) Any pump that is designated, as

described in § 61.246(f)(1), as an unsafeto-monitor pump is exempt from the

monitoring and inspection requirements

of paragraphs (a) and (d)(4) through (6)

of this section if:

(1) The owner or operator of the pump

demonstrates that the pump is unsafeto-monitor because monitoring

personnel would be exposed to an

immediate danger as a consequence of

complying with paragraph (a) of this

section; and

(2) The owner or operator of the pump

has a written plan that requires

monitoring of the pump as frequently as

practicable during safe-to-monitor times

but not more frequently than the

periodic monitoring schedule otherwise

applicable, and repair of the equipment

according to the procedures in

paragraph (c) of this section if a leak is

detected.

(h) Any pump that is located within

the boundary of an unmanned plant site

is exempt from the weekly visual

inspection requirement of paragraphs

(a)(2) and (d)(4) of this section, and the

daily requirements of paragraph (d)(5) of

this section, provided that each pump is

visually inspected as often as

practicable and at least monthly.

33. Section 61.242–3 is amended by

revising paragraphs (b)(2) and (h) to

read as follows:

§ 61.242–3 Standards: Compressors.

* * * * *

(b) * * *

(2) Equipped with a barrier fluid

system degassing reservoir that is routed

to a process or fuel gas system or

connected by a closed-vent system to a

control device that complies with the

requirements of § 61.242–11; or

* * * * *

(h) A compressor is exempt from the

requirements of paragraphs (a) and (b) of

this section if it is equipped with a

closed-vent system to capture and

transport leakage from the compressor

drive shaft back to a process or fuel gas

system or to a control device that

complies with the requirements of

§ 61.242–11, except as provided in

paragraph (i) of this section.

* * * * *

34. Section 61.242–4 is amended by

revising paragraph (c) and adding

paragraph (d) to read as follows:

§ 61.242–4 Standards: Pressure relief

devices in gas/vapor service.

* * * * *

(c) Any pressure relief device that is

routed to a process or fuel gas system or

equipped with a closed-vent system

capable of capturing and transporting

leakage from the pressure relief device

to a control device as described in

§ 61.242–11 is exempt from the

requirements of paragraphs (a) and (b) of

this section.

(d)(1) Any pressure relief device that

is equipped with a rupture disk

upstream of the pressure relief device is

exempt from the requirements of

paragraphs (a) and (b) of this section,

provided the owner or operator

complies with the requirements in

paragraph (d)(2) of this section.

(2) After each pressure release, a new

rupture disk shall be installed upstream

of the pressure relief device as soon as

practicable, but no later than 5 calendar

days after each pressure release, except

as provided in § 61.242–10.

35. Section 61.242–5 is revised to read

as follows:

§ 61.242–5 Standards: Sampling

connecting systems.

(a) Each sampling connection system

shall be equipped with a closed-purge,

closed-loop, or closed vent system,

except as provided in § 61.242–1(c).

Gases displaced during filling of the

sample container are not required to be

collected or captured.

(b) Each closed-purge, closed-loop, or

closed vent system as required in

paragraph (a) of this section shall

comply with the requirements specified

in paragraphs (b)(1) through (4) of this

section:

(1) Return the purged process fluid

directly to the process line; or

(2) Collect and recycle the purged

process fluid; or

(3) Be designed and operated to

capture and transport all the purged

process fluid to a control device that

complies with the requirements of

§ 61.242–11; or

(4) Collect, store, and transport the

purged process fluid to any of the

following systems or facilities:

(i) A waste management unit as

defined in 40 CFR 63.111 if the waste

78282 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

management unit is subject to and

operated in compliance with the

provisions of 40 CFR part 63, subpart G,

applicable to Group 1 wastewater

streams; or

(ii) A treatment, storage, or disposal

facility subject to regulation under 40

CFR part 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, or

registered by a State to manage

municipal or industrial solid waste, if

the process fluids are not hazardous

waste as defined in 40 CFR part 261.

(c) In-situ sampling systems and

sampling systems without purges are

exempt from the requirements of

paragraphs (a) and (b) of this section.

36. Section 61.242–6 is amended by

adding paragraphs (d) and (e) to read as

follows:

§ 61.242–6 Standards: Open-ended valves

or lines.

* * * * *

(d) Open-ended valves or lines in an

emergency shutdown system which are

designed to open automatically in the

event of a process upset are exempt

from the requirements of paragraphs (a),

(b) and (c) of this section.

(e) Open-ended valves or lines

containing materials which would

autocatalytically polymerize or would

present an explosion, serious

overpressure, or other safety hazard if

capped or equipped with a double block

and bleed system as specified in

paragraphs (a) through (c) of this section

are exempt from the requirements of

paragraphs (a) through (c) of this

section.

37. Section 61.242–8 is amended by

revising the section heading and

paragraph (a) to read as follows:

§ 61.242–8 Standards: Pressure relief

services in liquid service and connectors.

(a) If evidence of a potential leak is

found by visual, audible, olfactory, or

any other detection method at pressure

relief devices in liquid service and

connectors, the owner or operator shall

follow either one of the following

procedures, except as provided in

§ 61.242–1(c):

(1) The owner or operator shall

monitor the equipment within 5 days by

the method specified in § 61.245(b) and

shall comply with the requirements of

paragraphs (b) through (d) of this

section.

(2) The owner or operator shall

eliminate the visual, audible, olfactory,

or other indication of a potential leak.

* * * * *

38. Section 61.242–9 is revised to read

as follows:

§ 61.242–9 Standards: Surge control

vessels and bottoms receivers.

Each surge control vessel or bottoms

receiver that is not routed back to the

process and that meets the conditions

specified in table 1 or table 2 of this

subpart shall be equipped with a closedvent system capable of capturing and

transporting any leakage from the vessel

back to the process or to a control

device as described in § 61.242–11,

except as provided in § 61.242–1(c); or

comply with the requirements of 40 CFR

63.119(b) or (c).

39. Section 61.242–10 is amended by

revising paragraph (a) to read as follows:

§ 61.242–10 Standards: Delay of repair.

(a) Delay of repair of equipment for

which leaks have been detected will be

allowed if repair within 15 days is

technically infeasible without a process

unit shutdown. Repair of this

equipment shall occur before the end of

the next process unit shutdown.

* * * * *

40. Section 61.242–11 is amended by:

a. Revising paragraph (b);

b. Revising paragraph (c);

c. Revising paragraph (f);

d. Revising paragraph (g);

e. Adding paragraph (h);

f. Adding paragraph (i);

g. Adding paragraph (j);

h. Adding paragraph (k);

i. Adding paragraph (l); and

j. Adding paragraph (m).

The revisions and additions read as

follows:

§ 61.242–11 Standards: Closed-vent

systems and control devices.

* * * * *

(b) Vapor recovery systems (for

example, condensers and absorbers)

shall be designed and operated to

recover the organic vapors vented to

them with an efficiency of 95 percent or

greater, or to an exit concentration of 20

parts per million by volume, whichever

is less stringent.

(c) Enclosed combustion devices shall

be designed and operated to reduce the

VHAP emissions vented to them with an

efficiency of 95 percent or greater, or to

an exit concentration of 20 parts per

million by volume, on a dry basis,

corrected to 3 percent oxygen,

whichever is less stringent, or to

provide a minimum residence time of

0.50 seconds at a minimum temperature

of 760 °C.

* * * * *

(f) Except as provided in paragraphs

(i) through (k) of this section, each

closed vent system shall be inspected

according to the procedures and

schedule specified in paragraph (f)(1) or

(2) of this section, as applicable.

(1) If the vapor collection system or

closed vent system is constructed of

hard-piping, the owner or operator shall

comply with the following

requirements:

(i) Conduct an initial inspection

according to the procedures in

§ 61.245(b); and

(ii) Conduct annual visual inspections

for visible, audible, or olfactory

indications of leaks.

(2) If the vapor collection system or

closed vent system is constructed of

ductwork, the owner or operator shall:

(i) Conduct an initial inspection

according to the procedures in

§ 61.245(b); and

(ii) Conduct annual inspections

according to the procedures in

§ 61.245(b).

(g) Leaks, as indicated by an

instrument reading greater than 500

parts per million by volume above

background or by visual inspections,

shall be repaired as soon as practicable

except as provided in paragraph (h) of

this section.

(1) A first attempt at repair shall be

made no later than 5 calendar days after

the leak is detected.

(2) Repair shall be completed no later

than 15 calendar days after the leak is

detected.

(h) Delay of repair of a closed vent

system for which leaks have been

detected is allowed if the repair is

technically infeasible without a process

unit shutdown, or if the owner or

operator determines that emissions

resulting from immediate repair would

be greater than the fugitive emissions

likely to result from delay of repair.

Repair of such equipment shall be

complete by the end of the next process

unit shutdown.

(i) If a vapor collection system or

closed vent system is operated under a

vacuum, it is exempt from the

inspection requirements of paragraphs

(f)(1)(i) and (2) of this section.

(j) Any parts of the closed vent system

that are designated, as described in

paragraph (l)(1) of this section, as

unsafe-to-inspect are exempt from the

inspection requirements of paragraphs

(f)(1)(i) and (2) of this section if they

comply with the following

requirements:

(1) The owner or operator determines

that the equipment is unsafe-to-inspect

because inspecting personnel would be

exposed to an imminent or potential

danger as a consequence of complying

with paragraph (f)(1)(i) or (2) of this

section; and

(2) The owner or operator has a

written plan that requires inspection of

the equipment as frequently as

practicable during safe-to-inspect times.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78283

(k) Any parts of the closed vent

system that are designated, as described

in paragraph (l)(2) of this section, as

difficult-to-inspect are exempt from the

inspection requirements of paragraphs

(f)(1)(i) and (2) of this section if they

comply with the following

requirements:

(1) The owner or operator determines

that the equipment cannot be inspected

without elevating the inspecting

personnel more than 2 meters above a

support surface; and

(2) The owner or operator has a

written plan that requires inspection of

the equipment at least once every 5

years. A closed vent system is exempt

from inspection if it is operated under

a vacuum.

(l) The owner or operator shall record

the following information:

(1) Identification of all parts of the

closed vent system that are designated

as unsafe-to-inspect, an explanation of

why the equipment is unsafe-to-inspect,

and the plan for inspecting the

equipment.

(2) Identification of all parts of the

closed vent system that are designated

as difficult-to-inspect, an explanation of

why the equipment is difficult-toinspect, and the plan for inspecting the

equipment.

(3) For each inspection during which

a leak is detected, a record of the

information specified in § 61.246(c).

(4) For each inspection conducted in

accordance with § 61.245(b) during

which no leaks are detected, a record

that the inspection was performed, the

date of the inspection, and a statement

that no leaks were detected.

(5) For each visual inspection

conducted in accordance with

paragraph (f)(1)(ii) of this section during

which no leaks are detected, a record

that the inspection was performed, the

date of the inspection, and a statement

that no leaks were detected.

(m) Closed vent systems and control

devices used to comply with provisions

of this subpart shall be operated at all

times when emissions may be vented to

them.

41. Section 61.246 is amended by

revising paragraph (f) introductory text

and revising paragraph (f)(1) to read as

follows:

§ 61.246 Recordkeeping requirements.

* * * * *

(f) The following information

pertaining to all valves subject to the

requirements of § 61.242–7(g) and (h)

and to all pumps subject to the

requirements of § 61.242–2(g) shall be

recorded in a log that is kept in a readily

accessible location:

(1) A list of identification numbers for

valves and pumps that are designated as

unsafe to monitor, an explanation for

each valve or pump stating why the

valve or pump is unsafe to monitor, and

the plan for monitoring each valve or

pump.

* * * * *

42. Section 61.247 is amended by:

a. Revising paragraph (a)(3);

b. Redesignating paragraph (a)(4) as

paragraph (a)(5);

c. Adding new paragraph (a)(4);

d. Revising paragraph (e)(3); and

e. Adding paragraph (f).

The revisions and additions read as

follows.

§ 61.247 Reporting requirements.

(a) * * *

(3) In the case of new sources which

did not have an initial startup date

preceding December 14, 2000, the

statement required under paragraph

(a)(1) of this section shall be submitted

with the application for approval of

construction, as described in § 61.07.

(4) For owners and operators

complying with 40 CFR part 65, subpart

C or F, the statement required under

paragraph (a)(1) of this section shall

notify the Administrator that the

requirements of 40 CFR part 65, subpart

C or F, are being implemented.

* * * * *

(e) * * *

(3) In the next semiannual report

required by paragraph (b) of this section,

the information in paragraph (a)(5) of

this section is reported.

(f) For owners or operators choosing

to comply with 40 CFR part 65, subpart

C or F, an application for approval of

construction or modification, as

required under §§ 61.05 and 61.07 will

not be required if:

(1) The new source complies with 40

CFR 65.106 through 65.115 and with 40

CFR part 65, subpart C, for surge control

vessels and bottoms receivers;

(2) The new source is not part of the

construction of a process unit; and

(3) In the next semiannual report

required by 40 CFR 65.120(b) and

65.48(b), the information in paragraph

(a)(5) of this section is reported.

43. Tables 1 and 2 are added to the

end of subpart V to read as follows:

TABLE 1 TO PART 61, SUBPART V.—

SURGE CONTROL VESSELS AND

BOTTOMS RECEIVERS AT EXISTING

SOURCES

Vessel capacity

(cubic meters)

Vapor

pressure 1

(kilopascals)

75 ≤ capacity < 151 .............. ≥ 13.1

TABLE 1 TO PART 61, SUBPART V.—

SURGE CONTROL VESSELS AND

BOTTOMS RECEIVERS AT EXISTING

SOURCES—Continued

Vessel capacity

(cubic meters)

Vapor

pressure 1

(kilopascals)

151 ≤ capacity ....................... ≥ 5.2

1 Maximum true vapor pressure as defined

in § 61.241.

TABLE 2 TO PART 61, SUBPART V.—

SURGE CONTROL VESSELS AND

BOTTOMS RECEIVERS AT NEW

SOURCES

Vessel capacity

(cubic meters)

Vapor

pressure 1

(kilopascals)

38 ≤ capacity < 151 .............. ≥ 13.1

151 ≤ capacity ....................... ≥ 0.7

1 Maximum true vapor pressure as defined

in § 61.241.

Subpart Y—National Emission

Standard for Benzene Emissions From

Benzene Storage Vessels

44. Section 61.270 is amended by

adding paragraph (g) to read as follows:

§ 61.270 Applicability and designation of

sources.

* * * * *

(g) Alternative means of compliance—

(1) Option to comply with part 65.

Owners or operators may choose to

comply with 40 CFR part 65, subpart C,

to satisfy the requirements of §§ 61.271

through 61.277, except for

§§ 61.271(d)(2) and 61.274(a) for storage

vessels that are subject to this subpart.

Other provisions applying to owners or

operators who choose to comply with 40

CFR part 65 are provided in 40 CFR

65.1.

(2) Part 61, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart C, must also

comply with §§ 61.01, 61.02, 61.05

through 61.08, 61.10(b) through (d),

61.11, and 61.15 for those storage

vessels. All sections and paragraphs of

subpart A of this part that are not

mentioned in this paragraph (g)(2) do

not apply for storage vessels complying

with 40 CFR part 65, subpart C, except

that provisions required to be met prior

to implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart C, must comply with 40 CFR

part 65, subpart A.

45. Section 61.271 is amended by

revising paragraph (d) introductory text

78284 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

and revising paragraph (d)(2) to read as

follows:

§ 61.271 Emission standard.

* * * * *

(d) The owner or operator of each

affected storage vessel shall meet the

requirements of paragraph (a), (b), or (c)

of this section or § 61.270(g) as follows:

* * * * *

(2) The owner or operator of each

benzene storage vessel upon which

construction commenced after

September 14, 1989 shall meet the

requirements of paragraph (a), (b), or (c)

of this section or § 61.270(g) prior to

filling (i.e., roof is lifted off leg supports)

the storage vessel with benzene.

* * * * *

46. Section 61.274 is amended by

revising paragraph (a) to read as follows:

§ 61.274 Initial report.

(a) The owner or operator of each

storage vessel to which this subpart

applies and which has a design capacity

greater than or equal to 38 cubic meters

(10,000 gallons) shall submit an initial

report describing the controls which

will be applied to meet the equipment

requirements of § 61.271 or § 61.270(g).

For an existing storage vessel or a new

storage vessel for which construction

and operation commenced prior to

September 14, 1989, this report shall be

submitted within 90 days of September

14, 1989 and can be combined with the

report required by § 61.10. For a new

storage vessel for which construction or

operation commenced on or after

September 14, 1989, the report shall be

combined with the report required by

§ 61.07 or 40 CFR 65.5(b). In the case

where the owner or operator seeks to

comply with § 61.271(c), with a control

device other than a flare, this

information may consist of the

information required by § 61.272(c)(1).

* * * * *

Subpart BB—National Emission

Standard for Benzene Emissions From

Benzene Transfer Operations

47. Section 61.300 is amended by

revising paragraph (c) and adding

paragraph (f) to read as follows:

§ 61.300 Applicability.

* * * * *

(c) Comply with standards at each

loading rack. Any affected facility under

paragraph (a) of this section shall

comply with the standards in § 61.302

or as specified in paragraph (f) of this

section, if applicable, at each loading

rack that is handling a liquid containing

70 weight-percent or more benzene.

* * * * *

(f) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators may choose to

comply with 40 CFR part 65, subpart E,

to satisfy the requirements of §§ 61.302

through 61.306 for all tank truck or

railcar loading racks that are subject to

this subpart. Loading racks are referred

to as transfer racks in 40 CFR part 65,

subpart E. Other provisions applying to

owners or operators who choose to

comply with 40 CFR part 65 are

provided in 40 CFR 65.1. All marine

vessel loading racks shall comply with

the provisions in §§ 61.302 through

61.306.

(2) Part 61, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart E, must also

comply with §§ 61.01, 61.02, 61.05

through 61.08, 61.10(b) through (d),

61.11, and 61.15 for those loading racks.

All sections and paragraphs of subpart

A of this part that are not mentioned in

this paragraph (f)(2) do not apply to

owners or operators of loading racks

complying with 40 CFR part 65, subpart

E, except that provisions required to be

met prior to implementing 40 CFR part

65 still apply. Owners and operators

who choose to comply with 40 CFR part

65, subpart E, must comply with 40 CFR

part 65, subpart A.

PART 63—[AMENDED]

48. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart G—National Emission

Standards for Organic Hazardous Air

Pollutants From the Synthetic Organic

Chemical Manufacturing Industry for

Process Vents, Storage Vessels,

Transfer Operations, and Wastewater

49. Section 63.110 is amended by

adding paragraph (i) to read as follows:

§ 63.110 Applicability.

* * * * *

(i) Alternative means of compliance—

(1) Option to comply with part 65.

Owners or operators of CMPU that are

subject to § 63.100 may choose to

comply with the provisions of 40 CFR

part 65 for all Group 1 and Group 2

process vents, Group 1 storage vessels,

Group 1 transfer operations, and

equipment that are subject to § 63.100,

that are part of the CMPU. Other

provisions applying to owners or

operators who choose to comply with 40

CFR part 65 are provided in 40 CFR

65.1. Group 1 and Group 2 wastewater

streams, Group 2 transfer operations,

Group 2 storage vessels, and in-process

streams are not eligible to comply with

40 CFR part 65 and must continue to

comply with the requirements of this

subpart and subpart F of this part.

(i) For Group 1 and Group 2 process

vents, 40 CFR part 65, subpart D,

satisfies the requirements of §§ 63.102,

63.103, 63.112 through 63.118, 63.148,

63.151, and 63.152.

(ii) For Group 1 storage vessels, 40

CFR part 65, subpart C, satisfies the

requirements of §§ 63.102, 63.103,

63.112, 63.119 through 63.123, 63.148,

63.151, and 63.152.

(iii) For Group 1 transfer racks, 40

CFR part 65, subpart E, satisfies the

requirements of §§ 63.102, 63.103,

63.112, 63.126 through 63.130, 63.148,

63.151, and 63.152.

(iv) For equipment, comply with

§ 65.160(g).

(2) Part 63, subpart A. Owners or

operators who choose to comply with 40

CFR part 65 must also comply with the

applicable general provisions of this

part 63 listed in table 1A of this subpart.

All sections and paragraphs of subpart

A of this part that are not mentioned in

table 1A of this subpart do not apply to

owners or operators who choose to

comply with 40 CFR part 65, except that

provisions required to be met prior to

implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with a subpart of 40

CFR part 65 must comply with 40 CFR

part 65, subpart A.

50. Table 1A is added in numerical

order to the appendix to subpart G to

read as follows:

Appendix to Subpart G—Tables and

Figures

TABLE 1A TO SUBPART G.—APPLICABLE 40 CFR PART 63 GENERAL PROVISIONS

40 CFR part 63, subpart A, provisions applicable to subpart G

§ 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)

§ 63.2

§ 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), (d)(3)(iii) through (d)(3)(vi), (d)(4), (e), (f)(1), and (f)(2)

§ 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16) and (j)

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78285

TABLE 1A TO SUBPART G.—APPLICABLE 40 CFR PART 63 GENERAL PROVISIONS—Continued

40 CFR part 63, subpart A, provisions applicable to subpart G

§ 63.9(a)(2), (b)(4)(i)a, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c), (d)

§ 63.10(d)(4)

§ 63.12(b)

aThe notifications specified in § 63.9(b)(4)(i) and (b)(5) shall be submitted at the times specified in 40 CFR part 65.

* * * * *

Subpart H—National Emission

Standards for Organic Hazardous Air

Pollutants for Equipment Leaks

51. Section 63.160 is amended by

adding paragraph (g) to read as follows:

§ 63.160 Applicability and designation of

sources.

* * * * *

(g) Alternative means of compliance.

(1) Option to comply with part 65.

Owners or operators of CMPU that are

subject to § 63.100 may choose to

comply with the provisions of 40 CFR

part 65 for all Group 1 and Group 2

process vents, Group 1 storage vessels,

Group 1 transfer operations, and

equipment that are subject to § 63.100,

that are part of the CMPU. Other

provisions applying to an owner or

operator who chooses to comply with 40

CFR part 65 are provided in 40 CFR

65.1.

(i) For equipment, 40 CFR part 65

satisfies the requirements of §§ 63.102,

63.103, and 63.162 through 63.182.

When choosing to comply with 40 CFR

part 65, the requirements of § 63.180(d)

continue to apply.

(ii) For Group 1 and Group 2 process

vents, Group 1 storage vessels, and

Group 1 transfer operations, comply

with § 63.110(i)(1).

(2) Part 65, subpart C or F. For owners

or operators choosing to comply with 40

CFR part 65, each surge control vessel

and bottoms receiver subject to § 63.100

that meets the conditions specified in

table 2 or table 3 of this subpart shall

meet the requirements for storage

vessels in 40 CFR part 65, subpart C; all

other equipment subject to § 63.100

shall meet the requirements in 40 CFR

part 65, subpart F.

(3) Part 63, subpart A. Owners or

operators who choose to comply with 40

CFR part 65, subpart C or F, for

equipment subject to § 63.100 must also

comply with the applicable general

provisions of this part 63 listed in table

4 of this subpart. All sections and

paragraphs of subpart A of this part that

are not mentioned in table 4 of this

subpart do not apply to owners or

operators of equipment subject to

§ 63.100 of subpart F complying with 40

CFR part 65, subpart C or F, except that

provisions required to be met prior to

implementing 40 CFR part 65 still

apply. Owners and operators who

choose to comply with 40 CFR part 65,

subpart C or F, must comply with 40

CFR part 65, subpart A.

52. Section 63.169 is amended by

revising paragraph (b) to read as follows:

§ 63.169 Standards: Pumps, valves,

connectors, and agitators in heavy liquid

service; instrumentation systems; and

pressure relief devices in liquid service.

* * * * *

(b) If an instrument reading of 10,000

parts per million or greater for agitators,

5,000 parts per million or greater for

pumps handling polymerizing

monomers, 2,000 parts per million or

greater for all other pumps (including

pumps in food/medical service), or 500

parts per million or greater for valves,

connectors, instrumentation systems,

and pressure relief devices is measured,

a leak is detected.

* * * * *

53. Section 63.171 is amended by

revising paragraph (a) to read as follows:

§ 63.171 Standards: Delay of repair.

(a) Delay of repair of equipment for

which leaks have been detected is

allowed if repair within 15 days is

technically infeasible without a process

unit shutdown. Repair of this

equipment shall occur by the end of the

next process unit shutdown.

* * * * *

54. Table 4 is added in numerical

order to subpart H to read as follows:

TABLE 4 TO SUBPART H.— APPLICABLE 40 CFR PART 63 GENERAL PROVISIONS

40 CFR part 63, subpart A, provisions applicable to subpart H

§ 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)

§ 63.2

§ 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(4), (e), (f)(1) and (f)(2)

§ 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16) and (j)

§ 63.9(a)(2), (b)(4)(i)a, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c) and (d)

§ 63.10(d)(4)

§ 63.12(b)

aThe notifications specified in § 63.9(b)(4)(i) and (b)(5) shall be submitted at the times specified in 40 CFR part 65.

55. Add part 65 to read as follows:

PART 65—CONSOLIDATED FEDERAL

AIR RULE

Subpart A—General Provisions

Sec.

65.1 Applicability.

65.2 Definitions.

65.3 Compliance with standards and

operation and maintenance

requirements.

65.4 Recordkeeping.

65.5 Reporting requirements.

65.6 Startup, shutdown, and malfunction

plan and procedures.

65.7 Monitoring, recordkeeping, and

reporting waivers and alternatives.

65.8 Procedures for approval of alternative

means of emission limitation.

65.9 Availability of information and

confidentiality.

65.10 State authority.

65.11 Circumvention and prohibited

activities.

65.12 Delegation of authority.

65.13 Incorporation by reference.

65.14 Addresses.

65.15–65.19 [Reserved]

Table 1 to Subpart A of Part 65—Applicable

40 CFR Parts 60, 61, and 63 General

Provisions

78286 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

Table 2 to Subpart A of Part 65—Applicable

Referencing Subpart Provisions

Subpart B [Reserved]

Subpart C—Storage Vessels

65.40 Applicability.

65.41 Definitions.

65.42 Control requirements.

65.43 Fixed roof with an internal floating

roof (IFR).

65.44 External floating roof (EFR).

65.45 External floating roof converted into

an internal floating roof.

65.46 Alternative means of emission

limitation.

65.47 Recordkeeping provisions.

65.48 Reporting provisions.

65.49–65.59 [Reserved]

Subpart D—Process Vents

65.60 Applicability.

65.61 Definitions.

65.62 Process vent group determination.

65.63 Performance and group status change

requirements.

65.64 Group determination procedures.

65.65 Monitoring.

65.66 Recordkeeping provisions.

65.67 Reporting provisions.

65.68–65.79 [Reserved]

Table 1 to Subpart D of Part 65—

Concentration for Group Determination

Table 2 to Subpart D of Part 65—TRE

Parameters for NSPS Referencing

Subparts

Table 3 to Subpart D of Part 65—TRE

Parameters for HON Referencing

Subparts

Subpart E—Transfer Racks

65.80 Applicability.

65.81 Definitions.

65.82 Design requirements.

65.83 Performance requirements.

65.84 Operating requirements.

65.85 Procedures.

65.86 Monitoring.

65.87 Recordkeeping provisions.

65.88–65.99 [Reserved]

Subpart F—Equipment Leaks

65.100 Applicability.

65.101 Definitions.

65.102 Alternative means of emission

limitation.

65.103 Equipment identification.

65.104 Instrument and sensory monitoring

for leaks.

65.105 Leak repair.

65.106 Standards: Valves in gas/vapor

service and in light liquid service.

65.107 Standards: Pumps in light liquid

service.

65.108 Standards: Connectors in gas/vapor

service and in light liquid service.

65.109 Standards: Agitators in gas/vapor

service and in light liquid service.

65.110 Standards: Pumps, valves,

connectors, and agitators in heavy liquid

service; pressure relief devices in liquid

service; and instrumentation systems.

65.111 Standards: Pressure relief devices in

gas/vapor service.

65.112 Standards: Compressors.

65.113 Standards: Sampling connection

systems.

65.114 Standards: Open-ended valves or

lines.

65.115 Standards: Closed vent systems and

control devices; or emissions routed to a

fuel gas system or process.

65.116 Quality improvement program for

pumps.

65.117 Alternative means of emission

limitation: Batch processes.

65.118 Alternative means of emission

limitation: Enclosed-vented process

units.

65.119 Recordkeeping provisions.

65.120 Reporting provisions.

65.121—65.139 [Reserved]

Table 1 to Subpart F of Part 65— Batch

Process Monitoring Frequency for

Equipment Other Than Connectors

Subpart G—Closed Vent Systems, Control

Devices, and Routing to a Fuel Gas System

or a Process

65.140 Applicability.

65.141 Definitions.

65.142 Standards.

65.143 Closed vent systems.

65.144 Fuel gas systems and processes to

which storage vessel, transfer rack, or

equipment leak regulated material

emissions are routed.

65.145 Nonflare control devices used to

control emissions from storage vessels or

low-throughput transfer racks.

65.146 Nonflare control devices used for

equipment leaks only.

65.147 Flares.

65.148 Incinerators.

65.149 Boilers and process heaters.

65.150 Absorbers used as control devices.

65.151 Condensers used as control devices.

65.152 Carbon adsorbers used as control

devices.

65.153 Absorbers, condensers, carbon

adsorbers, and other recovery devices

used as final recovery devices.

65.154 Halogen scrubbers and other

halogen reduction devices.

65.155 Other control devices.

65.156 General monitoring requirements for

control and recovery devices.

65.157 Performance test and flare

compliance determination requirements.

65.158 Performance test procedures for

control devices.

65.159 Flare compliance determination and

monitoring records.

65.160 Performance test and TRE index

value determination records.

65.161 Continuous records and monitoring

system data handling.

65.162 Nonflare control and recovery

device monitoring records.

65.163 Other records.

65.164 Performance test and flare

compliance determination notifications

and reports.

65.165 Initial Compliance Status Reports.

65.166 Periodic reports.

65.167 Other reports.

65.168—65.169 [Reserved]

Authority: 42 U.S.C. 7401 et seq.

Subpart A—General Provisions

§ 65.1 Applicability.

(a) The provisions of this subpart

apply to owners or operators expressly

referenced to this part from a subpart of

40 CFR part 60, 61, or 63 for which the

owner or operator has chosen to comply

with the provisions of this part as an

alternative to the provisions in the

referencing subpart as specified in

paragraph (b) of this section.

(b) Owners or operators may choose to

comply with this part for any regulated

source subject to a referencing subpart.

(c) Compliance with this part instead

of the referencing subparts does not

alter the applicability of the referencing

subparts. This part applies to only the

equipment, process vents, storage

vessels, or transfer operations to which

the referencing subparts apply. This part

does not extend applicability to

equipment, process vents, storage

vessels, or transfer operations that are

not regulated by the referencing subpart.

(d) The provisions of 40 CFR part 60,

subpart A; 40 CFR part 61, subpart A;

and 40 CFR part 63, subpart A, that are

listed in table 1 of this subpart still

apply to owners or operators of

regulated sources expressly referenced

to this part. The owner or operator shall

comply with the provisions in table 1 of

this subpart in the column

corresponding to the referencing

subpart. All provisions of 40 CFR part

60, subpart A; 40 CFR part 61, subpart

A; and 40 CFR part 63, subpart A, not

expressly referenced in table 1 of this

subpart do not apply, and the provisions

of this part apply instead, except that

provisions which were required to be

met prior to implementation of this part

65 still apply.

(e) The provisions of the referencing

subparts that are listed in table 2 of this

subpart still apply to owners or

operators of regulated sources expressly

referenced to this part. The owner or

operator shall comply with the

provisions in table 2 of this subpart in

the row corresponding to the

referencing subpart. All provisions of

the referencing subparts not expressly

referenced in table 2 to this subpart do

not apply and the provisions of this part

apply instead, except that provisions

which were required to be met prior to

implementation of this part 65 still

apply.

(f) Implementation date. Owners or

operators who choose to comply with

this part shall comply by the dates

specified in paragraph (f)(1) of this

section, as applicable, and shall meet

the requirement in paragraph (f)(2) of

this section.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78287

(1) Owners or operators shall

implement this part as specified in an

implementation schedule or at initial

startup. The implementation date shall

be established by mutual agreement

with the Administrator or delegated

authority. The implementation schedule

shall be included in the source’s title V

permit. For non-title V sources, the

implementation schedule shall be

proposed by the source in the Initial

Notification for Part 65 Applicability as

specified in § 65.5(c).

(2) There shall be no gaps in

compliance between compliance with

the referencing subpart and compliance

with this part.

(g) Transitioning out of this part.

Owners or operators who decide to no

longer comply with this part and to

comply with the provisions in the

referencing subpart instead shall

comply with the following, as

applicable:

(1) This transition shall be carried out

on a date established in a title V permit

or if the source is not a title V source,

by a date established by agreement with

the Administrator or delegated

authority. The transition date shall be

proposed in a title V permit

amendment, or for non-title V sources,

in a periodic report or separate notice.

(2) There shall be no gaps in

compliance between compliance with

this part and compliance with the

referencing subpart provisions.

(h) Overlap with other subparts of this

part. When provisions of another

subpart of this part conflict with the

provisions of this subpart, the

provisions of the other subpart shall

apply.

(i) Equipment assignment procedures.

If specific items of equipment (pumps,

compressors, agitators, pressure relief

devices, sampling connection systems,

open-ended valves or lines, valves,

connectors, instrumentation systems,

surge control vessels, and bottoms

receivers) that are part of a process unit

complying with this part are managed

by different administrative

organizations (for example, different

companies, affiliates, departments,

divisions, etc.), those items of

equipment may be aggregated with any

process unit within the plant site.

§ 65.2 Definitions.

All terms used in this part shall have

the meaning given them in the Act and

in this section. If a term is defined both

in this section and in other parts that

reference the use of this part, the term

shall have the meaning given in this

section for purposes of this part. If a

term is not defined in the Act or in this

section, the term shall have the meaning

given in the referencing subpart for

purposes of this part. The terms follow:

Act means the Clean Air Act (42

U.S.C. 7401 et seq.).

Administrator means the

Administrator of the United States

Environmental Protection Agency (EPA)

or his or her authorized representative

(for example, a State that has been

delegated the authority to implement

the provisions of this part).

Approved permit program means a

State permit program approved by the

Administrator as meeting the

requirements of part 70 of this chapter

or a Federal permit program established

in this chapter pursuant to title V of the

Act (42 U.S.C. 7661).

Automated continuous parameter

monitoring system means a continuous

parameter monitoring system that

automatically both records the

measured data and calculates hourly

averages.

Automated monitoring and recording

system means any means of measuring

values of monitored parameters and

creating a hard copy or computer record

of the measured values that does not

require manual reading of monitoring

instruments and manual transcription of

data values. Automated monitoring and

recording systems include, but are not

limited to, computerized systems, strip

charts, and circular charts.

Batch process means a process in

which the equipment is fed

intermittently or discontinuously.

Processing then occurs in this

equipment after which the equipment is

generally emptied. Examples of

industries that use batch processes

include pharmaceutical production and

pesticide production.

Batch product-process equipment

train means the collection of equipment

(for example, connectors, reactors,

valves, pumps) configured to produce a

specific product or intermediate by a

batch process.

Boiler means any enclosed

combustion device that extracts useful

energy in the form of steam and is not

an incinerator or a process heater. Boiler

also means any industrial furnace as

defined in 40 CFR 260.10.

Bottoms receiver means a tank that

collects distillation bottoms before the

stream is sent for storage or for further

downstream processing.

By compound means by individual

stream components, not carbon

equivalents.

Car-seal means a seal that is placed on

a device that is used to change the

position of a valve (for example, from

opened to closed) in such a way that the

position of the valve cannot be changed

without breaking the seal.

Closed vent system means a system

that is not open to the atmosphere and

is composed of piping, ductwork,

connections, and, if necessary, flow

inducing devices that transport gas or

vapor from an emission point to a

control device. A closed vent system

does not include the vapor collection

system that is part of any tank truck or

railcar or the loading arm or hose that

is used for vapor return. For transfer

racks, the closed vent system begins at,

and includes, the first block valve on

the downstream side of the loading arm

or hose used to convey displaced

vapors.

Closed vent system shutdown means a

work practice or operational procedure

that stops production from a process

unit or part of a process unit during

which it is technically feasible to clear

process material from a closed vent

system or part of a closed vent system

consistent with safety constraints and

during which repairs can be effected.

An unscheduled work practice or

operational procedure that stops

production from a process unit or part

of a process unit for less than 24 hours

is not a closed vent system shutdown.

An unscheduled work practice or

operational procedure that would stop

production from a process unit or part

of a process unit for a shorter period of

time than would be required to clear the

closed vent system or part of the closed

vent system of materials and start up the

unit, and would result in greater

emissions than delay of repair of leaking

components until the next scheduled

closed vent system shutdown, is not a

closed vent system shutdown. The use

of spare equipment and technically

feasible bypassing of equipment without

stopping production are not closed vent

system shutdowns.

Closed-loop system means an

enclosed system that returns process

fluid to a process.

Closed-purge system means a system

or combination of systems and portable

containers to capture purged liquids.

Containers must be covered or closed

when not being filled or emptied.

Combustion device means an

individual unit of equipment, such as a

flare, incinerator, process heater, or

boiler, used for the combustion of

organic emissions.

Compliance date means the date by

which a regulated source is required to

be in compliance with a relevant

standard, limitation, prohibition, or any

federally enforceable requirement

established by the Administrator (or a

State with an approved permit program)

pursuant to the Act.

Connector means flanged, screwed, or

other joined fittings used to connect two

78288 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

pipelines or a pipeline and a piece of

equipment. A common connector is a

flange. Joined fittings welded

completely around the circumference of

the interface are not considered

connectors for the purpose of this

regulation. For the purpose of reporting

and recordkeeping, connector means

joined fittings that are not inaccessible,

ceramic, or ceramic-lined (for example,

porcelain, glass, or glass-lined) as

described in § 65.108(e)(2).

Continuous parameter monitoring

system or CPMS means the total

equipment that may be required to meet

the data acquisition and availability

requirements of this part used to

sample, condition (if applicable),

analyze, and provide a record of process

or control system parameters.

Continuous record means

documentation, either in hard copy or

computer-readable form, of data values

measured at least once every 15 minutes

and recorded at the frequency specified

in § 65.161(a).

Continuous seal means a seal that is

designed to form a continuous closure

that completely covers the space

between the wall of the storage vessel

and the edge of the floating roof. A

continuous seal may be a vapormounted, liquid-mounted, or metallic

shoe seal. A continuous seal may be

constructed of fastened segments so as

to form a continuous seal.

Control device means any combustion

device, recovery device, or any

combination of these devices used to

comply with this part. Such equipment

or devices include, but are not limited

to, absorbers, carbon adsorbers,

condensers, incinerators, flares, boilers,

and process heaters. For process vents

(as defined in this section), recovery

devices are not considered control

devices except for the recovery devices

specified in § 65.63(a)(2)(ii). A fuel gas

system is not a control device. For a

steam stripper, a primary condenser is

not considered a control device.

Control system means the

combination of the closed vent system

and the control devices used to collect

and control vapors or gases from a

regulated source.

Day means a calendar day.

Distance piece means an open or

enclosed casing through which the

piston rod travels, separating the

compressor cylinder from the crankcase.

Double block and bleed system means

two block valves connected in series

with a bleed valve or line that can vent

the line between the two block valves.

Ductwork means a conveyance system

such as those commonly used for

heating and ventilation systems. It is

often made of sheet metal and often has

sections connected by screws or

crimping. Hard-piping is not ductwork.

Emission point means an individual

process vent, storage vessel, transfer

rack, wastewater stream, or equipment

leak.

Empty or emptying means the removal

of the stored liquid from a storage

vessel. Storage vessels where stored

liquid is left on the walls, as bottom

clingage, or in pools due to bottom

irregularities are considered empty.

Lowering of the stored liquid level, so

that the floating roof is resting on its

legs, as necessitated by normal vessel

operation (for example, when changing

stored material or when transferring

material out of the vessel for shipment)

is not considered emptying.

Equipment means each of the

following that is subject to control

under the referencing subpart: pump,

compressor, agitator, pressure relief

device, sampling connection system,

open-ended valve or line, valve,

connector, and instrumentation system;

and any control devices or systems used

to comply with subpart F of this part.

Equivalent method means any method

of sampling and analyzing for an air

pollutant that has been demonstrated to

the Administrator’s satisfaction to have

a consistent and quantitatively known

relationship to the reference method

under specified conditions.

External floating roof or EFR means a

pontoon-type (noncontact) or doubledeck-type (contact) roof that is designed

to rest on the stored liquid surface in a

storage vessel with no fixed roof.

Failure, EFR (referred to as EFR

failure) is defined as any time the

external floating roof’s primary seal has

holes, tears, or other openings in the

shoe, seal fabric, or seal envelope; or the

secondary seal has holes, tears, or other

openings in the seal or the seal fabric;

or the gaskets no longer close off the

stored liquid surface from the

atmosphere; or a slotted membrane has

more than 10 percent open area.

Failure, internal floating roof type A

(referred to as IFR type A failure) means

any time, as determined during visual

inspection through roof hatches, in

which the internal floating roof is not

resting on the surface of the stored

liquid inside the storage vessel and is

not resting on the leg supports; or there

is stored liquid on the floating roof; or

there are holes, tears, or other openings

in the seal or seal fabric; or there are

visible gaps between the seal and the

wall of the storage vessel.

Failure, internal floating roof type B

(referred to as IFR type B failure) means

any time, as determined during internal

inspections, the internal floating roof’s

primary seal has holes, tears, or other

openings in the seal or the seal fabric;

or the secondary seal (if one has been

installed) has holes, tears, or other

openings in the seal or the seal fabric;

or the gaskets no longer close off the

stored liquid surface from the

atmosphere; or a slotted membrane has

more than 10 percent open area.

Fill or filling means the introduction

of liquids into a storage vessel, but not

necessarily to complete capacity.

First attempt at repair, for the

purposes of subparts F and G of this

part, means to take action for the

purpose of stopping or reducing leakage

of organic material to the atmosphere,

followed by monitoring as specified in

§ 65.104(b) and § 65.143(c), as

appropriate, to verify whether the leak

is repaired, unless the owner or operator

determines by other means that the leak

is not repaired.

Fixed roof means a roof that is

mounted (for example, permanently

affixed) on a storage vessel in a

stationary manner and that does not

move with fluctuations in stored liquid

level.

Flame zone means the portion of the

combustion chamber in a boiler or

process heater occupied by the flame

envelope.

Floating roof means a roof consisting

of an external floating roof or an internal

floating roof that is designed to rest

upon and is supported by the stored

liquid and is equipped with a

continuous seal.

Flow indicator means a device that

indicates whether gas flow is present in

a line, or whether the valve position

would allow gas flow to be present in

a line.

Fuel gas means gases that are

combusted to derive useful work or

heat.

Fuel gas system means the offsite and

onsite piping and flow and pressure

control system that gathers gaseous

stream(s) generated by onsite

operations, may blend them with other

sources of gas, and transports the

gaseous stream for use as fuel gas in

combustion devices or in-process

combustion equipment, such as

furnaces and gas turbines, either singly

or in combination.

Group 1 process vent means a process

vent for which the flow rate is greater

than or equal to 0.011 standard cubic

meter per minute (0.39 cubic feet per

minute); the total concentration is

greater than or equal to the appropriate

value in table 1 of subpart D of this part,

and the total resource effectiveness

index value, calculated according to

§ 65.64(h) is less than or equal to 1.0.

Group 2A process vent means a

process vent that is not Group 1 or

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78289

Group 2B for which monitoring and

recordkeeping are required to

demonstrate a total resource

effectiveness index value greater than

1.0.

Group 2B process vent means a

process vent that is not Group 1 or

Group 2A for which monitoring and

recordkeeping are not required to

demonstrate a total resource

effectiveness index value greater than

4.0, or which is exempt from control

requirements due to the vent stream’s

flow rate, regulated material

concentration, or total resource

effectiveness index value.

Halogenated vent stream or

halogenated stream means, for purposes

of this part, a vent stream determined to

be halogenated by the procedures

specified in § 65.85(c) for transfer racks

and in § 65.64(g) for process vents, as

applicable.

Halogens and hydrogen halides

means hydrogen chloride (HCl),

chlorine (Cl2), hydrogen bromide (HBr),

bromine (Br2), and hydrogen fluoride

(HF).

Hard-piping means pipe or tubing that

is manufactured and installed using

good engineering judgment and

standards, such as ASME B31.3, Process

Piping (available from the American

Society of Mechanical Engineers, PO

Box 2900, Fairfield, NJ 07007–2900).

High-throughput transfer racks means

those transfer racks that transfer greater

than or equal to a total of 11.8 million

liters per year (3.12 million gallons per

year) of liquid containing regulated

material.

In food/medical service means that a

piece of equipment in regulated material

service contacts a process stream used

to manufacture a Food and Drug

Administration-regulated product where

leakage of a barrier fluid into the

process stream would cause any of the

following:

(1) A dilution of product quality so

that the product would not meet written

specifications;

(2) An exothermic reaction that is a

safety hazard;

(3) The intended reaction to be

slowed down or stopped; or

(4) An undesired side reaction to

occur.

In gas/vapor service means that a

piece of equipment in regulated material

service contains a gas or vapor when in

operation.

In heavy liquid service means that a

piece of equipment in regulated material

service is not in gas/vapor service or in

light liquid service.

In light liquid service means that a

piece of equipment in regulated material

service contains a liquid that meets the

following conditions:

(1) The vapor pressure of one or more

of the organic compounds is greater

than 0.3 kilopascals at 20 °C (0.04

pounds per square inch at 68 °F);

(2) The total concentration of the pure

organic compound constituents having a

vapor pressure greater than 0.3

kilopascals at 20 °C (0.04 pounds per

square inch at 68 °F) is equal to or

greater than 20 percent by weight of the

total process stream; and

(3) The fluid is a liquid at operating

conditions. (Note: Vapor pressures may

be determined by standard reference

texts or American Society for Testing

and Materials (ASTM) D–2879, available

from American Society for Testing and

Materials, 1916 Race Street,

Philadelphia, Pennsylvania 19103; or

University Microfilms International, 300

North Zeeb Road, Ann Arbor, Michigan

48106.)

In liquid service means that a piece of

equipment in regulated material service

is not in gas/vapor service.

In regulated material service means,

for the purposes of the equipment leak

provisions of subpart F of this part,

equipment which meets the definition

of ‘‘in volatile organic compound

service,’’ ‘‘in volatile hazardous air

pollutant service,’’ ‘‘in benzene

service,’’ ‘‘in vinyl chloride service,’’ or

‘‘in organic hazardous air pollutant

service’’ as defined in the referencing

subpart.

In vacuum service means that

equipment is operating at an internal

pressure that is at least 5 kilopascals

(0.7 pounds per square inch) below

ambient pressure.

In-situ sampling systems means

nonextractive samplers or in-line

samplers.

Incinerator means an enclosed

combustion device that is used for

destroying organic compounds.

Auxiliary fuel may be used to heat

waste gas to combustion temperatures.

Any energy recovery section present is

not physically formed into one

manufactured or assembled unit with

the combustion section; rather, the

energy recovery section is a separate

section following the combustion

section and the two are joined by ducts

or connections carrying flue gas. This

energy recovery section limitation does

not apply to an energy recovery section

used solely to preheat the incoming vent

stream or combustion air.

Initial startup means, for new or

reconstructed sources, the first time the

source begins production. For additions

or changes not defined as a new source

by an applicable referencing subpart,

initial startup means the first time

additional or changed equipment is put

into operation. Initial startup does not

include operation solely for testing

equipment. Initial startup does not

include subsequent startup (as defined

in this section) of process units

following malfunctions or process unit

shutdowns. Except for equipment leaks,

initial startup also does not include

subsequent startups (as defined in this

section) of process units following

changes in product for flexible

operation units or following recharging

of equipment in batch operation.

Instrumentation system means a

group of equipment components used to

condition and convey a sample of the

process fluid to analyzers and

instruments for the purpose of

determining process operating

conditions (for example, composition,

pressure, flow). Valves and connectors

are the predominant type of equipment

used in instrumentation systems;

however, other types of equipment may

also be included in these systems. Only

valves nominally 0.5 inches and smaller

in diameter and connectors nominally

0.75 inches and smaller in diameter are

considered instrumentation systems for

the purposes of subpart F of this part.

Intermediate change to monitoring

means a modification to federally

required monitoring involving ‘‘proven

technology’’ (generally accepted by the

scientific community as equivalent or

better) that is applied on a site-specific

basis and that may have the potential to

decrease the stringency of the associated

emission limitation or standard. Though

site-specific, an intermediate change

may set a national precedent for a

source category and may ultimately

result in a revision to the federally

required monitoring. Examples of

intermediate changes to monitoring

include, but are not limited to:

(1) Use of a continuous monitoring

system (CEMS) in lieu of a parameter

monitoring approach;

(2) Decreased frequency for noncontinuous parameter monitoring or

physical inspections;

(3) Changes to quality control

requirements for parameter monitoring;

and

(4) Use of an electronic data reduction

system in lieu of manual data reduction.

Intermediate change to test method

means a within-method modification to

a federally enforceable test method

involving ‘‘proven technology’’

(generally accepted by the scientific

community as equivalent or better) that

is applied on a site-specific basis and

that may have the potential to decrease

the stringency of the associated

emission limitation or standard. Though

site-specific, an intermediate change

78290 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

may set a national precedent for a

source category and may ultimately

result in a revision to the federally

enforceable test method. In order to be

approved, an intermediate change must

be validated according to EPA Method

301 (40 CFR part 63, appendix A) to

demonstrate that it provides equal or

improved accuracy or precision.

Examples of intermediate changes to a

test method include, but are not limited

to:

(1) Modifications to a test method’s

sampling procedure including

substitution of sampling equipment that

has been demonstrated for a particular

sample matrix; and use of a different

impinger absorbing solution;

(2) Changes in sample recovery

procedures and analytical techniques,

such as changes to sample holding times

and use of a different analytical finish

with proven capability for the analyte of

interest; and

(3) ‘‘Combining’’ a federally required

method with another proven method for

application to processes emitting

multiple pollutants.

Internal floating roof or IFR means a

pontoon-type (noncontact) or doubledeck-type (contact) roof that is designed

to rest or float on the stored liquid

surface inside a storage vessel that has

a fixed roof.

Liquid-mounted seal means a foam-or

liquid-filled continuous seal mounted in

contact with the stored liquid.

Liquids dripping means any visible

leakage from a seal including dripping,

spraying, misting, clouding, and ice

formation. Indications of liquids

dripping include puddling or new stains

that are indicative of an existing

evaporated drip.

Loading cycle means the time period

from the beginning of filling a tank truck

or railcar until flow to the control

device ceases as determined by the flow

indicator.

Low-throughput transfer racks means

those transfer racks that transfer less

than a total of 11.8 million liters per

year (3.12 million gallons per year) of

liquid containing regulated material.

Major change to monitoring means a

modification to federally required

monitoring that uses ‘‘unproven

technology or procedures’’ (not

generally accepted by the scientific

community) or is an entirely new

method (sometimes necessary when the

required monitoring is unsuitable). A

major change to monitoring may be sitespecific or may apply to one or more

source categories and will almost

always set a national precedent.

Examples of major changes to

monitoring include, but are not limited

to:

(1) Use of a new monitoring approach

developed to apply to a control

technology not contemplated in the

applicable regulation in this part;

(2) Use of a predictive emission

monitoring system (PEMS) in place of a

required continuous emission

monitoring system (CEMS);

(3) Use of alternative calibration

procedures that do not involve

calibration gases or test cells;

(4) Use of an analytical technology

that differs from that specified by a

performance specification;

(5) Decreased monitoring frequency

for a continuous emission monitoring

system, continuous opacity monitoring

system, predictive emission monitoring

system, or continuous parameter

monitoring system;

(6) Decreased monitoring frequency

for a leak detection and repair program;

and

(7) Use of alternative averaging times

for reporting purposes.

Major change to test method means a

modification to a federally enforceable

test method that uses ‘‘unproven

technology or procedures’’ (not

generally accepted by the scientific

community) or is an entirely new

method (sometimes necessary when the

required test method is unsuitable). A

major change to a test method may be

site-specific or may apply to one or

more source categories and will almost

always set a national precedent. In order

to be approved, a major change must be

validated according to EPA Method 301

(40 CFR part 63, appendix A). Examples

of major changes to a test method

include, but are not limited to:

(1) Use of an unproven analytical

finish;

(2) Use of a method developed to fill

a test method gap;

(3) Use of a new test method

developed to apply to a control

technology not contemplated in the

applicable regulation in this part; and

(4) Combining two or more sampling/

analytical methods (at least one

unproven) into one for application to

processes emitting multiple pollutants.

Malfunction means any sudden,

infrequent, and not reasonably

preventable failure of air pollution

control equipment, monitoring

equipment, process equipment, or a

process to operate in a normal or usual

manner. Failures that are caused in part

by poor maintenance or careless

operation are not malfunctions.

Malfunctions that do not affect a

regulated source or compliance with

this part are not malfunctions for

purposes of this part.

Metallic shoe seal or mechanical shoe

seal means metal sheets that are held

vertically against the wall of the storage

vessel by springs, weighted levers, or

other mechanisms and connected to the

floating roof by braces or other means.

A flexible coated fabric (envelope) spans

the annular space between the metal

sheet and the floating roof.

Minor change to monitoring means:

(1) A modification to federally

required monitoring that:

(i) Does not decrease the stringency of

the compliance and enforcement

measures of the relevant standard;

(ii) Has no national significance (e.g.,

does not affect implementation of the

applicable regulation in this part for

other affected sources, does not set a

national precedent, and individually

does not result in a revision to the

monitoring requirements); and

(iii) Is site-specific, made to reflect or

accommodate the operational

characteristics, physical constraints, or

safety concerns of an affected source.

(2) Examples of minor changes to

monitoring include, but are not limited

to:

(i) Modifications to a sampling

procedure, such as use of an improved

sample conditioning system to reduce

maintenance requirements;

(ii) Increased monitoring frequency;

and

(iii) Modification of the

environmental shelter to moderate

temperature fluctuation and thus protect

the analytical instrumentation.

Minor change to test method means:

(1) A modification to a federally

enforceable test method that:

(i) Does not decrease the stringency of

the emission limitation or standard;

(ii) Has no national significance (e.g.,

does not affect implementation of the

applicable regulation in this part for

other affected sources, does not set a

national precedent, and individually

does not result in a revision to the test

method); and

(iii) Is site-specific, made to reflect or

accommodate the operational

characteristics, physical constraints, or

safety concerns of an affected source.

(2) Examples of minor changes to a

test method include, but are not limited

to:

(i) Field adjustments in a test

method’s sampling procedure, such as a

modified sampling traverse or location

to avoid interference from an

obstruction in the stack, increasing the

sampling time or volume, use of

additional impingers for a high moisture

situation, accepting particulate emission

results for a test run that was conducted

with a lower than specified temperature,

substitution of a material in the

sampling train that has been

demonstrated to be more inert for the

sample matrix; and

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78291

(ii) Changes in recovery and analytical

techniques such as a change in quality

control/quality assurance requirements

needed to adjust for analysis of a certain

sample matrix.

Nonautomated monitoring and

recording system means manual reading

of values measured by monitoring

instruments and manual transcription of

those values to create a record.

Nonautomated systems do not include

strip charts nor circular charts.

Nonrepairable means that it is

technically infeasible to repair a piece of

equipment from which a leak has been

detected without a process unit

shutdown.

One-hour period means the 60-minute

period commencing on the hour.

Onsite or on-site means, with respect

to records required to be maintained by

this part, that the records are stored at

a location within a plant site that

encompasses the regulated source.

Onsite includes, but is not limited to,

storage at the regulated source to which

the records pertain, or storage in central

files elsewhere at the plant site.

Open-ended valve or line means any

valve except relief valves having one

side of the valve seat in contact with

process fluid and one side open to the

atmosphere, either directly or through

open piping.

Organic monitoring device means a

device used to indicate the

concentration level of organic

compounds based on a detection

principle such as infrared, photo

ionization, or thermal conductivity.

Owner or operator means any person

who owns, leases, operates, controls, or

supervises a regulated source or a

stationary source of which a regulated

source is a part.

Part 70 permit means any permit

issued, renewed, or revised pursuant to

part 70 of this chapter.

Performance test means the collection

of data resulting from the execution of

a test method (usually three emission

test runs) used to demonstrate

compliance with a relevant emission

standard as specified in the performance

test section of the relevant standard.

Permit program means a

comprehensive State operating permit

system established pursuant to title V of

the Act (42 U.S.C. 7661) and regulations

codified in part 70 of this chapter and

applicable State regulations, or a

comprehensive Federal operating permit

system established pursuant to title V of

the Act and regulations codified in part

71 of this chapter.

Permitting authority means one of the

following:

(1) The State air pollution control

agency, local agency, other State agency,

or other agency authorized by the

Administrator to carry out a permit

program under part 70 of this chapter;

or

(2) The Administrator, in the case of

EPA-implemented permit programs

under title V of the Act (42 U.S.C. 7661)

and part 71 of this chapter.

Plant site means all contiguous or

adjoining property that is under

common control, including properties

that are separated only by a road or

other public right-of-way. Common

control includes properties that are

owned, leased, or operated by the same

entity, parent entity, subsidiary, or any

combination thereof.

Polymerizing monomer means, for the

purposes of this part, a compound

which may form polymer buildup in

pump mechanical seals resulting in

rapid mechanical seal failure.

Pressure release means the emission

of materials resulting from the system

pressure being greater than the set

pressure of the relief device. This

release can be one release or a series of

releases over a short time period.

Pressure relief device or valve means

a device used to prevent operating

pressures from exceeding the maximum

allowable working pressure of the

process equipment. A common pressure

relief device is a spring-loaded pressure

relief valve. Devices that are actuated

either by a pressure of less than or equal

to 2.5 pounds per square inch gauge or

by a vacuum are not pressure relief

devices.

Primary fuel means the fuel that

provides the principal heat input to the

device. To be considered primary, the

fuel must be able to sustain operation

without the addition of other fuels.

Process heater means an enclosed

combustion device that transfers heat

liberated by burning fuel directly to

process streams or to heat transfer

liquids other than water. A process

heater may, as a secondary function,

heat water in unfired heat recovery

sections.

Process unit means the equipment

specified in the definitions of process

unit or chemical manufacturing process

unit in the applicable referencing

subpart. If the referencing subpart does

not define process unit, then, for the

purposes of this part, process unit

means the equipment assembled and

connected by pipes or ducts to process

raw materials and to manufacture an

intended product.

Process unit shutdown means a work

practice or operational procedure that

stops production from a process unit or

part of a process unit during which it is

technically feasible to clear process

material from a process unit or part of

a process unit consistent with safety

constraints and during which repairs

can be effected. An unscheduled work

practice or operational procedure that

stops production from a process unit or

part of a process unit for less than 24

hours is not a process unit shutdown.

An unscheduled work practice or

operational procedure that would stop

production from a process unit or part

of a process unit for a shorter period of

time than would be required to clear the

process unit or part of the process unit

of materials and start up the unit, and

would result in greater emissions than

delay of repair of leaking components

until the next scheduled process unit

shutdown is not a process unit

shutdown. The use of spare equipment

and technically feasible bypassing of

equipment without stopping production

are not process unit shutdowns.

Process vent means a process vent or

vent stream as they are defined in the

referencing subpart.

Recovery device means an individual

unit of equipment capable of and

normally used for the purpose of

recovering chemicals for fuel value (i.e.,

net positive heating value), use, reuse,

or for sale for fuel value, use, or reuse.

Equipment capable of and used for the

purpose of recovering chemicals, but

not normally for use, reuse or sale, are

not recovery devices but are control

devices. Examples of equipment that

may be recovery devices include

absorbers, carbon adsorbers, condensers,

oil-water separators or organic-water

separators, or organic removal devices

such as decanters, strippers, or thin-film

evaporation units.

Reference method means any method

of sampling and analyzing for an air

pollutant as specified in an applicable

subpart, the appendices to 40 CFR part

60 or 63, or in appendix B of 40 CFR

part 61.

Referencing subpart means 40 CFR

part 60, subparts Ka, Kb, VV, DDD, III,

NNN, and RRR; 40 CFR part 61,

subparts V, Y, and BB; and 40 CFR part

63, subparts G and H.

Regulated material means, for the

purposes of this part, the material

regulated by the specific referencing

subpart, including volatile organic

liquids (VOL), volatile organic

compounds (VOC), organic hazardous

air pollutants (HAP’s), benzene, vinyl

chloride, or other chemicals or groups of

chemicals.

Regulated source means, for the

purposes of this part, the stationary

source, the group of stationary sources,

or the portion of a stationary source that

is regulated by a relevant standard or

other requirement established pursuant

78292 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

to this part, or 40 CFR part 60, 61, or

63.

Relief device or valve means a device

or valve used only to release an

unplanned, nonroutine discharge. A

relief device or valve discharge can

result from an operator error, a

malfunction such as a power failure or

equipment failure, or other unexpected

cause that requires immediate venting of

gas from process equipment in order to

avoid safety hazards or equipment

damage.

Repaired means, for the purposes of

subparts F and G of this part, that

equipment meets the following

conditions:

(1) Is adjusted, or otherwise altered, to

eliminate a leak as defined in the

applicable section of this part; and

(2) Unless otherwise specified in

applicable provisions of this part, is

monitored as specified in § 65.104(b)

and § 65.143(c) to verify that emissions

from the equipment are below the

applicable leak definition.

Routed to a process or route to a

process means the emissions are

conveyed to any enclosed portion of a

process unit where the emissions are

predominantly recycled and/or

consumed in the same manner as a

material that fulfills the same function

in the process and/or transformed by

chemical reaction into materials that are

not regulated materials and/or

incorporated into a product; and/or

recovered.

Run means one of a series of emission

or other measurements needed to

determine emissions for a representative

operating period or cycle as specified in

this part. Unless otherwise specified, a

run may be either intermittent or

continuous within the limits of good

engineering practice.

Sampling connection system means

an assembly of equipment within a

process unit used during periods of

representative operation to take samples

of the process fluid. Equipment used to

take nonroutine grab samples is not

considered a sampling connection

system.

Secondary fuel means a fuel fired

through a burner other than the primary

fuel burner that provides supplementary

heat in addition to the heat provided by

the primary fuel.

Sensor means a device that measures

a physical quantity or the change in a

physical quantity, such as temperature,

pressure, flow rate, pH, or liquid level.

Set pressure means, for the purposes

of subparts F and G of this part, the

pressure at which a properly operating

pressure relief device begins to open to

relieve atypical process system

operating pressure.

Shutdown means the cessation of

operation of a regulated source (for

example, chemical manufacturing

process unit or a reactor, air oxidation

reactor, distillation unit) and equipment

required or used to comply with this

part, or the emptying and degassing of

a storage vessel. Shutdown is defined

here for purposes including, but not

limited to, periodic maintenance,

replacement of equipment, or repair.

Shutdown does not include the routine

rinsing or washing of equipment in

batch operation between batches.

Simultaneous loading means, for a

shared control device, loading of

regulated materials from more than one

transfer arm at the same time so that the

beginning and ending times of loading

cycles coincide or overlap and there is

no interruption in vapor flow to the

shared control device.

Single-seal system means, for the

purposes of subpart C of this part, a

floating roof having one continuous

seal. This seal may be a vapor-mounted,

liquid-mounted, or metallic shoe seal.

Specific gravity monitoring device

means a unit of equipment used to

monitor specific gravity and having a

minimum accuracy of ±0.02 specific

gravity units.

Startup means the setting into

operation of a regulated source (for

example, chemical manufacturing

process unit or a reactor, air oxidation

reactor, distillation unit, a storage vessel

after emptying and degassing) and/or

equipment required or used to comply

with this part. Startup includes initial

startup, operation solely for testing

equipment, the recharging of equipment

in batch operation, and transitional

conditions due to changes in product for

flexible operation units.

State means all non-Federal

authorities, including local agencies,

interstate associations, and statewide

programs, that have delegated authority

to implement the provisions of this part;

the referencing subparts; and/or the

permit program established under part

70 of this chapter. The term State shall

have its conventional meaning where

clear from the context.

Steam jet ejector means a steam

nozzle that discharges a high-velocity jet

across a suction chamber that is

connected to the equipment to be

evacuated.

Stuffing box pressure means the fluid

(liquid or gas) pressure inside the casing

or housing of a piece of equipment, on

the process side of the inboard seal.

Surge control vessel means feed

drums, recycle drums, and intermediate

vessels. Surge control vessels are used

within a process unit (as defined in the

specific subpart that references this

part) when in-process storage, mixing,

or management of flow rates or volumes

is needed to assist in production of a

product.

Temperature monitoring device

means a unit of equipment used to

monitor temperature and having a

minimum accuracy of ±1 percent of the

temperature being monitored expressed

in degrees Celsius or ±1.2 degrees

Celsius (°C), whichever is greater.

Title V permit means any permit

issued, renewed, or revised pursuant to

Federal or State regulations established

under 40 CFR part 70 or 71 to

implement title V of the Act (42 U.S.C.

7661).

Total organic compounds or TOC

means those compounds measured

according to the procedures specified in

§ 65.64(c) and § 65.158(b)(3)(ii)(A), as

applicable. Those compounds that the

Administrator has determined do not

contribute appreciably to the formation

of ozone and that are specifically

excluded from the definition of volatile

organic compound at 40 CFR 51.100(s),

as amended, are to be excluded for the

purposes of measuring the hourly

emission rate as required in § 65.64(f)

for process vents subject to subpart III,

NNN, or RRR of part 60 of this chapter.

Total resource effectiveness index

value or TRE index value means a

calculated value used to determine

whether control is required for a process

vent. It is based on process vent flow

rate, emission rate of regulated material,

net heating value, and corrosion

properties (halogenated compound

content), as quantified by the equations

given under § 65.64(h).

Vapor balancing system means a

piping system that is designed to collect

regulated material vapors displaced

from tank trucks or railcars during

loading and to route the collected

regulated material vapors to the storage

vessel from which the liquid being

loaded originated, or to another storage

vessel connected by a common header;

or to compress and route to a process or

a fuel gas system the collected regulated

material vapors.

Vapor-mounted seal means a

continuous seal that is mounted so that

there is a vapor space between the

stored liquid and the bottom of the seal.

Visible emission means the

observation of an emission of opacity or

optical density above the threshold of

vision.

§ 65.3 Compliance with standards and

operation and maintenance requirements.

(a) Requirements. (1) Except as

provided in paragraph (a)(2) of this

section, the emission standards and

established parameter ranges of this part

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78293

shall apply at all times except during

periods of startup, shutdown (as defined

in § 65.2), malfunction, or nonoperation

of the regulated source (or specific

portion thereof) resulting in cessation of

the emissions to which this part applies.

However, if a startup, shutdown,

malfunction, or period of nonoperation

of one portion of a regulated source does

not affect the ability of a particular

emission point to comply with the

specific provisions to which it is

subject, then that emission point shall

still be required to comply with the

applicable provisions of this part during

the startup, shutdown, malfunction, or

period of nonoperation. For example, if

there is an over pressure in the reactor

area, a storage vessel in a chemical

manufacturing process unit would still

be required to be controlled in

accordance with subpart C of this part.

Similarly, the degassing of a storage

vessel would not affect the ability of a

process vent to meet the requirements of

subpart D or G of this part.

(2) Sections 65.106 through 65.118

shall apply at all times except during

periods of startup or shutdown (as

defined in § 65.2), malfunction, process

unit shutdown (as defined in § 65.2), or

nonoperation of the regulated source (or

specific portion thereof) in which the

lines are drained and depressurized

resulting in cessation of the emissions to

which subpart F of this part applies.

(3) During startups, shutdowns, and

malfunctions when the emission

standards of this part do not apply

pursuant to paragraphs (a)(1) and (2) of

this section, the owner or operator shall

implement, to the extent reasonably

available, measures to prevent or

minimize emissions in excess of those

that would have occurred if there were

no startup, shutdown, or malfunction

and the owner or operator complied

with the relevant provisions of this part.

The measures to be taken shall be

identified in the applicable startup,

shutdown, and malfunction plan and

may include, but are not limited to, air

pollution control technologies, recovery

technologies, work practices, pollution

prevention, monitoring, and/or changes

in the manner of operation of the

regulated source. Backup control

devices are not required but may be

used if available. This paragraph (a)(3)

does not apply to Group 2A or Group 2B

process vents.

(4) Malfunctions shall be corrected as

soon as practical after their occurrence

in accordance with the startup,

shutdown, and malfunction plan

required in § 65.6(a). This paragraph

(a)(4) does not apply to Group 2A or

Group 2B process vents.

(5) Operation and maintenance

requirements established pursuant to

section 112 of the Act are enforceable

independent of emissions limitations or

other requirements in relevant

standards.

(b) Compliance determination

procedures.—(1) Parameter monitoring:

Compliance with operating conditions.

The parameter monitoring data for

emission points that are required to

perform continuous monitoring shall be

used to determine compliance with the

required operating conditions for the

monitored control devices or recovery

devices. For each excursion, except for

excused excursions and as provided for

in paragraph (b)(2) of this section, the

owner or operator shall be deemed to

have failed to have applied the control

in a manner that achieves the required

operating conditions. Excused

excursions are provided for in

§ 65.156(d)(2).

(2) Parameter monitoring: Excursions.

If the conditions of paragraph (b)(2)(i) or

(ii) of this section are met, an excursion

is not a violation and, in cases where

continuous monitoring is required, the

excursion does not count toward the

number of excused excursions. Nothing

in this paragraph (b)(2) shall be

construed to allow or excuse a

monitoring parameter excursion caused

by any activity that violates other

applicable provisions of this part.

(i) During periods of startup,

shutdown, or malfunction (and the

source is operated during such periods

in accordance with the source’s startup,

shutdown, and malfunction plan as

required by § 65.6(a)), a monitoring

parameter is outside its established

range or monitoring data cannot be

collected; or

(ii) During periods of nonoperation of

the regulated source or portion thereof

(resulting in cessation of the emissions

to which the monitoring applies).

(3) Operation and maintenance

procedures. Determination of whether

acceptable operation and maintenance

procedures are being used will be based

on information available to the

Administrator that may include, but is

not limited to, monitoring results,

review of operation and maintenance

procedures (including the startup,

shutdown, and malfunction plan, if

applicable, required in § 65.6(a), as

applicable), review of operation and

maintenance records, inspection of the

regulated source, and alternatives

approved as specified in § 65.7.

(4) Emissions standards. Paragraphs

(b)(4)(i) and (ii) of this section shall

govern the use of data, tests, and

requirements to determine compliance

with emissions standards. Paragraphs

(b)(4)(i) and (ii) do not apply to Group

2A or Group 2B process vents.

Compliance with design, equipment,

work practice, and operational

standards, including those for

equipment leaks, shall be determined

according to paragraph (b)(5) of this

section.

(i) Performance test. The

Administrator will determine

compliance with emission standards of

this part based on the results of

performance tests conducted according

to the procedures specified in subpart G

of this part, unless otherwise specified

in a subpart of this part.

(ii) Operation and maintenance

requirements. The Administrator will

determine compliance with emission

standards of this part by evaluation of

an owner or operator’s conformance

with operation and maintenance

requirements, including the evaluation

of monitoring data, as specified in

subparts of this part.

(5) Design, equipment, work practice,

or operational standards. Paragraphs

(b)(5)(i) and (ii) do not apply to Group

2A or Group 2B process vents.

(i) Records and inspection. The

Administrator will determine

compliance with design, equipment,

work practice, or operational standards

by review of records, inspection of the

regulated source, and other procedures

specified in this part.

(ii) Operation and maintenance. The

Administrator will determine

compliance with design, equipment,

work practice, or operational standards

by evaluation of an owner or operator’s

conformance with operation and

maintenance requirements as specified

in paragraph (a) of this section, in other

subparts of this part, and in applicable

provisions of § 65.6(b).

(c) Finding of compliance. The

Administrator will make a finding

concerning a regulated source’s

compliance with an emission standard,

design standard, work practice,

operational standard or operating and

maintenance requirement as specified in

paragraphs (a) and (b) of this section

upon obtaining all the compliance

information required by the relevant

standard (including the written reports

of performance test results, monitoring

results, and other information, if

applicable) and any information

available to the Administrator needed to

determine whether proper operation

and maintenance practices are being

used. Standards in this part and

methods of determining compliance are

given in metric units followed by the

equivalents in English units. The

Administrator will make findings of

78294 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

compliance with the standards of this

part using metric units.

(d) Compliance times. All terms that

define a period of time for completion

of required tasks (for example, weekly,

monthly, quarterly, annually) unless

specified otherwise in the section or

paragraph that imposes the requirement

refer to the standard calendar periods.

(1) Notwithstanding time periods

specified for completion of required

tasks, time periods may be changed by

mutual agreement between the owner or

operator and the Administrator as

specified in § 65.5(h)(3) (for example, a

period could begin on the compliance

date or another date, rather than on the

first day of the standard calendar

period). For each time period that is

changed by agreement, the revised

period applies until it is changed. A

new request is not necessary for each

recurring period.

(2) When the period specified for

compliance is a standard calendar

period, if the initial compliance date

occurs after the beginning of the period,

compliance shall be required according

to the schedule specified in the

following paragraphs, as appropriate:

(i) Compliance shall be required

before the end of the standard calendar

period within which the compliance

deadline occurs if there remain at least

3 days for tasks that must be performed

weekly, at least 2 weeks for tasks that

must be performed monthly, at least 1

month for tasks that must be performed

each quarter, or at least 3 months for

tasks that must be performed annually;

or

(ii) In all other cases, compliance

shall be required before the end of the

first full standard calendar period after

the period within which the initial

compliance deadline occurs.

(3) In all instances where a provision

requires completion of a task during

each of multiple successive periods, an

owner or operator may perform the

required task at any time during the

specified period provided the task is

conducted at a reasonable interval after

completion of the task during the

previous period.

§ 65.4 Recordkeeping.

(a) Maintaining notifications, records,

and reports. Except as provided in

paragraph (b) of this section, the owner

or operator of each regulated source

subject to this part shall keep copies of

notifications, reports, and records

required by this part for the length of

time specified in the following, as

applicable:

(1) If an owner or operator is required

to obtain or operate a regulated source

under a title V permit, then all

applicable notifications, reports, and

records for that regulated source shall be

maintained for at least 5 years, except

for the records required in § 65.47(b) for

storage vessel capacity, § 65.104(e)(2) for

valve and connector monitoring, and

§ 65.163(d)(1) for closed vent system

design specifications.

(2) If an owner or operator is not

required to obtain or operate a regulated

source under a title V permit, then all

notifications, reports, and records for

that regulated source required by this

part shall be maintained for at least 2

years, except for the records required in

§ 65.47(b) for storage vessel capacity,

§ 65.104(e)(2) for valve and connector

monitoring, and § 65.163(d)(1) for

closed vent system design

specifications.

(b) Copies of reports. If an owner or

operator submits reports to the

applicable EPA Regional Office, the

owner or operator is not required to

maintain copies of those reports. If the

EPA Regional Office has waived the

requirement of § 65.5(g)(1) for submittal

of copies of reports, the owner or

operator is not required to maintain

copies of the waived reports. Paragraph

(b) of this section applies only to reports

and not the underlying records which

must be maintained as specified

throughout this part.

(c) Availability of records. All

applicable records shall be maintained

in such a manner that they can be

readily accessed and are suitable for

inspection as specified in the following:

(1) Except as specified in paragraph

(c)(2) of this section, records of the most

recent 2 years shall be retained onsite or

shall be accessible to an inspector while

onsite. The records of the remaining 3

years, where required, may be retained

offsite.

(2) For sources referenced to this part

from 40 CFR part 63, subpart G or H, the

most recent 6 months of records shall be

retained on site or shall be accessible to

an inspector while onsite from a central

location by computer or other means

that provides access within 2 hours after

a request. The remaining 4 and one-half

years of records, where required, may be

retained offsite.

(3) Records specified in paragraph

(c)(1) or (2) of this section may be

maintained in hard copy or computerreadable form including, but not limited

to, on paper, microfilm, computer,

computer disk, magnetic tape, or

microfiche.

§ 65.5 Reporting requirements.

(a) Required reports. Each owner or

operator of a regulated source subject to

this subpart shall submit the following

reports, as applicable:

(1) A Notification of Initial Startup

described in paragraph (b) of this

section.

(2) An Initial Notification for Part 65

Applicability described in paragraph (c)

of this section.

(3) An Initial Compliance Status

Report described in paragraph (d) of this

section.

(4) Periodic reports described in

paragraph (e) of this section.

(5) Other reports shall be submitted as

specified elsewhere in this part.

(6) Startup, Shutdown, and

Malfunction Reports described in

§ 65.6(c).

(b) Notification of Initial Startup. (1)

Contents. Any owner or operator of a

regulated source which elects to comply

with this part at initial startup shall

send the Administrator written

notification of the actual date of initial

startup of a regulated source.

(2) Due date. The notification of the

actual date of initial startup shall be

postmarked within 15 days after such

date.

(c) Initial Notification for Part 65

Applicability. Owners or operators of

regulated sources that have been subject

to a 40 CFR part 60, 61, or 63 standard,

and who wish to comply with this part,

and who are not operating the regulated

source under an approved title V permit

shall notify the Administrator of their

intent. The notice shall include the

information specified in paragraphs

(c)(1) through (7) of this section, as

applicable, and may accompany the

application for a construction permit for

the regulated source. This notification

may be waived by the Administrator.

(1) Identification of the storage vessels

subject to subpart C of this part.

(2) Identification of the process vents

subject to subpart D of this part,

including process vent group status as

specified in § 65.62(a).

(3) Identification of the process vents

subject to 40 CFR part 60, subpart DDD,

complying with requirements of subpart

G of this part.

(4) Identification of the transfer racks

subject to subpart E of this part.

(5) For equipment leaks, identification

of the process units subject to subpart F

of this part.

(6) The proposed implementation

schedule specified in § 65.1(f)(1) for

sources identified in paragraphs (c)(1)

through (5) of this section.

(7) Process unit identification. As an

alternative to requirements specified in

paragraphs (c)(1) through (4) of this

section, the process units can be

identified instead of the individual

pieces of equipment. For this

alternative, the kind of emission point

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78295

in the process unit that will comply

must also be identified.

(d) Initial Compliance Status Report—

(1) Contents. The owner or operator

shall submit an Initial Compliance

Status Report for each regulated source

subject to this part containing the

information specified in the subparts of

this part. Unless the required

information has already been submitted

under requirements of the applicable

referencing subpart, this information

can be submitted as part of a title V

permit application or amendment.

(2) Due date. The owner or operator

shall submit the Initial Compliance

Status Report for each regulated source

within 240 days after the applicable

compliance date specified in the

referencing subparts, or within 60 days

after the completion of the initial

performance test or initial compliance

determination, whichever is earlier.

Initial compliance Status Reports may

be combined for multiple regulated

sources as long as the due date

requirements for all sources covered in

the combined report are met.

(e) Periodic reports. The owner or

operator of a source subject to

monitoring requirements of this part or

to other requirements of this part where

periodic reporting is specified, shall

submit a periodic report.

(1) Contents. Periodic reports shall

include all information specified in

subparts of this part.

(2) Due date. The periodic report shall

be submitted semiannually no later than

60 calendar days after the end of each

6-month period. The first report shall be

submitted as specified in the following,

as applicable:

(i) The first report shall be submitted

no later than the last day of the month

that includes the date 8 months after the

date the source became subject to this

part or since the last part 60, 61, or 63

periodic report was submitted for the

applicable requirement, whichever is

earlier.

(ii) For sources electing to comply

with the CAR at initial startup, the first

report shall cover the 6 months after the

Initial Compliance Status Report is due.

The first report shall be submitted no

later than the last day of the month that

includes the date 8 months after the

Initial Compliance Status Report is due.

(3) Overlap with title V reports.

Information required by this part, which

is submitted with a title V periodic

report, need not also be included in a

subsequent periodic report required by

this part. The title V report shall be

referenced in the periodic report

required by this part.

(f) General report content. All reports

and notifications submitted pursuant to

this part, including reports that combine

information from this part and a

referencing subpart, shall include the

following information:

(1) The name, address, and telephone

number (fax number may also be

provided) of the owner or operator.

(2) The name, address and telephone

number of the person to whom inquiries

should be addressed, if different than

the owner/operator.

(3) The address (physical location) of

the reporting facility.

(4) Identification of each regulated

source covered in the submission and

identification of which subparts

(referencing subparts and this part 65)

options from this part are applicable to

that regulated source. Summaries and

groupings of this information are

permitted.

(g) Report and notification

submission—(1) Submission. All reports

and notifications required under this

part shall be sent to the Administrator

at the appropriate EPA Regional Office

and to the delegated State authority,

except that requests for permission to

use an alternative means of emission

limitation as provided for in § 65.8(a)

shall be submitted to the Director of the

EPA Office of Air Quality Planning and

Standards, U.S. Environmental

Protection Agency, MD–10, Research

Triangle Park, North Carolina, 27711.

The EPA Regional Office may waive the

requirement to receive a copy of any

reports or notifications at its discretion.

(2) Submission of copies. If any State

requires a notice that contains all the

information required in a report or

notification listed in this part, an owner

or operator may send the appropriate

EPA Regional Office a copy of the report

or notification sent to the State to satisfy

the requirements of this part for that

report or notification.

(3) Method of submission. Wherever

this subpart specifies ‘‘postmark’’ dates,

submittals may be sent by methods

other than the U.S. Mail (for example,

by fax or courier). Submittals shall be

sent on or before the specified date.

(4) Submission by electronic media. If

acceptable to both the Administrator

and the owner or operator of a source,

reports may be submitted on electronic

media.

(h) Adjustment to timing of submittals

and review of required

communications—(1) Alignment with

title V submission. An owner or

operator may submit periodic reports

required by this part on the same

schedule as the title V periodic report

for the facility. The owner or operator

using this option need not obtain prior

approval, but must assure no reporting

gaps from the last periodic report for the

relevant standards. The owner or

operator shall clearly identify the

change in reporting schedule in the first

report filed under paragraph (h) of this

section. The requirements of paragraph

(e) of this section are not waived when

implementing this change.

(2) Request for adjustment. An owner

or operator may arrange by mutual

agreement (which may be a standing

agreement) with the Administrator a

common schedule on which periodic

reports required by this part shall be

submitted throughout the year as long as

the reporting period is not extended. An

owner or operator who wishes to

request a change in a time period or

postmark deadline for a particular

requirement shall request the

adjustment in writing as soon as

practical before the subject activity is

required to take place. The owner or

operator shall include in the request

whatever information he or she

considers useful to convince the

Administrator that an adjustment is

warranted. A request for a change to the

periodic reporting schedule need only

be made once for every schedule change

and not once for every semiannual

report submitted.

(3) Approval of request for

adjustment. If, in the Administrator’s

judgment, an owner or operator’s

request for an adjustment to a particular

time period or postmark deadline is

warranted, the Administrator will

approve the adjustment. The

Administrator will notify the owner or

operator in writing of approval or

disapproval of the request for an

adjustment within 15 calendar days of

receiving sufficient information to

evaluate the request.

(4) Notification of delay. If the

Administrator is unable to meet a

specified deadline, the owner or

operator will be notified of any

significant delay and informed of the

amended schedule.

(i) Unless already submitted in a

previous report, an owner or operator

shall report in a title V permit

application or as otherwise specified by

the permitting authority, the

information listed in paragraphs (i)(1)

through (5) of this section. This

information shall be submitted to the

Administrator if the regulated source is

not a title V source.

(1) A list designating each emission

point complying with subparts C

through G of this part and whether each

process vent is Group 1, Group 2A, or

Group 2B.

(2) The control technology or method

of compliance that will be applied to

each emission point.

78296 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

(3) A statement that the compliance

demonstration, monitoring, inspection,

recordkeeping, and reporting provisions

in subparts C through G of this part that

are applicable to each emission point

will be implemented beginning on the

date of compliance as specified in the

referencing subpart.

(4) The monitoring information in

§ 65.162(e) if, for any emission point,

the owner or operator of a source seeks

to comply through use of a control

technique other than those for which

monitoring parameters are specified in

§§ 65.148 through 65.154.

(5) Any requests for alternatives to the

continuous operating parameter

monitoring and recordkeeping

provisions, as specified in § 65.162(d).

§ 65.6 Startup, shutdown, and malfunction

plan and procedures.

(a) Paragraphs (b) and (c) of this

section do not apply to Group 2A or

Group 2B process vents.

(b) Startup, shutdown, and

malfunction plan. (1) Description and

purpose of plan. The owner or operator

of a regulated source shall develop and

implement a written startup, shutdown,

and malfunction plan that describes, in

detail, procedures for operating and

maintaining the regulated source during

periods of startup, shutdown, and

malfunction and a program of corrective

action for malfunctioning process and

air pollution control equipment used to

comply with the relevant standard. The

plan shall also address routine or

otherwise predictable CPMS

malfunctions. This plan shall be

developed by the owner or operator by

the regulated source’s implementation

date as specified in § 65.1(f), or for

sources referenced from 40 CFR part 63,

subpart F, by the compliance date

specified in that subpart. The

requirement to develop and implement

this plan shall be incorporated into the

source’s title V permit. This requirement

is optional for equipment that must

comply with subpart F of this part. It is

not optional for equipment equipped

with a closed vent system and control

device subject to subpart G of this part.

The purposes of the startup, shutdown,

and malfunction plan are described in

the following:

(i) To ensure that owners or operators

are prepared to correct malfunctions as

soon as practical after their occurrence

in order to minimize excess emissions

of regulated material (excess emissions

are defined in § 65.3(a)(4)); and

(ii) To reduce the reporting burden

associated with periods of startup,

shutdown, and malfunction (including

corrective action taken to restore

malfunctioning process and air

pollution control equipment to its

normal or usual manner of operation).

(2) Operation of source. During

periods of startup, shutdown, and

malfunction, the owner or operator of a

regulated source shall operate and

maintain such source (including

associated air pollution control

equipment and CPMS) in accordance

with the procedures specified in the

startup, shutdown, and malfunction

plan developed under paragraph (b)(1)

of this section.

(3) Use of additional procedures. To

satisfy the requirements of this section

to develop a startup, shutdown, and

malfunction plan, the owner or operator

may use the regulated source’s standard

operating procedures (SOP) manual, or

an Occupational Safety and Health

Administration (OSHA) or other plan,

provided the alternative plans meet all

the requirements of this section and are

made available for inspection when

requested by the Administrator.

(4) Revisions to the plan. Based on the

results of a determination made under

§ 65.3(b)(3), the Administrator may

require that an owner or operator of a

regulated source make changes to the

startup, shutdown, and malfunction

plan for that source. The Administrator

may require reasonable revisions to a

startup, shutdown, and malfunction

plan, if the Administrator finds that the

plan is inadequate as specified in the

following:

(i) Does not address a startup,

shutdown, and malfunction event of the

CPMS, the air pollution control

equipment, or the regulated source that

has occurred; or

(ii) Fails to provide for the operation

of the regulated source (including

associated air pollution control

equipment and CPMS) during a startup,

shutdown, and malfunction event in a

manner consistent with good air

pollution control practices for

minimizing emissions to the extent

practical; or

(iii) Does not provide adequate

procedures for correcting

malfunctioning process and/or air

pollution control equipment as quickly

as practicable; or

(iv) Does not provide adequate

measures to prevent or minimize excess

emissions to the extent practical as

specified and defined in § 65.3(a)(4).

(5) Additional malfunction plan

requirements. If the startup, shutdown,

and malfunction plan fails to address or

inadequately addresses an event that

meets the characteristics of a

malfunction but was not included in the

startup, shutdown, and malfunction

plan at the time the owner or operator

developed the plan, the owner or

operator shall revise the startup,

shutdown, and malfunction plan within

45 days after the event to include

detailed procedures for operating and

maintaining the regulated source during

similar malfunction events, and a

program of corrective action for similar

malfunctions of process or air pollution

control equipment or CPMS.

(6) Retain plan on site. The current

plan must be kept on site at all times.

(c) Periodic startup, shutdown, and

malfunction reports. During the

reporting period, reports shall only be

required for startup, shutdown, and

malfunction during which excess

emissions as defined in § 65.3(a)(4)

occur. A startup, shutdown, and

malfunction report can be submitted as

part of a periodic report required under

§ 65.5(e), or on a more frequent basis if

specified otherwise in a relevant

standard or as established otherwise by

the permitting authority in the source’s

title V permit. The startup, shutdown,

and malfunction report shall be

delivered or postmarked by the 30th day

following the end of each calendar half

(or other calendar reporting period, as

appropriate), unless the information is

submitted with the periodic report. The

report shall include the following

information, as appropriate:

(1) The name, title, and signature of

the owner or operator or other

responsible official certifying its

accuracy.

(2) The number of startup, shutdown,

malfunction events and the total

duration of all periods of startup,

shutdown, and malfunction for the

reporting period.

(3) If actions taken by an owner or

operator during a startup, shutdown,

and malfunction of a regulated source,

or of a control device or monitoring

system required for compliance

(including actions taken to correct a

malfunction) are consistent with the

procedures specified in the source’s

startup, shutdown, and malfunction

plan, then the owner or operator shall

state such information in a startup,

shutdown, and malfunction report.

(4) If at any time an action taken by

an owner or operator, during a startup,

shutdown, or malfunction (including

actions taken to correct a malfunction)

during which excess emissions occur, as

defined in § 65.3(a)(4), is not consistent

with the procedures specified in the

regulated source’s startup, shutdown,

and malfunction plan, the owner or

operator shall report the actions taken

for that event as part of the periodic

report. The report shall explain the

circumstances of the event, the reasons

for not following the startup, shutdown,

and malfunction plan, and whether any

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78297

excess emissions and/or parameter

monitoring exceedances are believed to

have occurred.

§ 65.7 Monitoring, recordkeeping, and

reporting waivers and alternatives.

(a) Waiver of recordkeeping or

reporting requirements.—(1) Waiver

application. The owner or operator may

apply for a waiver from recordkeeping

or reporting requirements if the

regulated source is achieving the

relevant standard(s), or the source is

operating under an extension of

compliance under 40 CFR 63.6(i), or a

waiver of compliance under 40 CFR

61.10(b), or the owner or operator has

requested an extension or waiver of

compliance and the Administrator is

still considering that request. The

waiver application shall be submitted in

writing to the Administrator.

(2) Extension of compliance request. If

an application for a waiver of

recordkeeping or reporting is made, the

application shall accompany the request

for an extension of compliance under 40

CFR 63.6(i) or the request for a waiver

of compliance under 40 CFR 61.10(b),

any required compliance progress report

or compliance status report required in

the source’s title V permit application or

a permit modification application, or a

periodic report required under this part,

whichever is applicable. The

application shall include whatever

information the owner or operator

considers useful to convince the

Administrator that a waiver of

recordkeeping or reporting is warranted.

(3) Approval or denial of waiver. The

Administrator will approve or deny a

request for a waiver of recordkeeping or

reporting requirements when

performing one of the following actions:

(i) Approves or denies an extension of

compliance under 40 CFR 63.6(i) or a

waiver of compliance under 40 CFR

61.10(b); or

(ii) Makes a determination of

compliance following the submission of

a required compliance status report or

periodic report; or

(iii) Makes a determination of suitable

progress toward compliance following

the submission of a compliance progress

report, whichever is applicable.

(4) Waiver conditions. A waiver of any

recordkeeping or reporting requirement

granted under this paragraph (a) may be

conditioned on other recordkeeping or

reporting requirements deemed

necessary by the Administrator.

(5) Waiver cancellation. Approval of

any waiver granted under this section

shall not abrogate the Administrator’s

authority under the Act or in any way

prohibit the Administrator from later

canceling the waiver. The cancellation

will be made only after notice is given

to the owner or operator of the regulated

source.

(b) Requests for approval of

alternative monitoring or recordkeeping.

An owner or operator may submit a

written request for approval to use

alternatives to the monitoring or

recordkeeping provisions of this part.

For process vents and transfer racks,

except low-throughput transfer racks,

the provisions in paragraph (c) of this

section shall govern the review and

approval of requests. In addition, the

application shall include information

justifying the owner or operator’s

request for an alternative monitoring or

recordkeeping method, such as the

technical or economic infeasibility, or

the impracticality, of the regulated

source using the required method. For

storage vessels and low throughput

transfer racks, owners and operators

shall comply with the requirements of

§ 65.145(b) for preparing and submitting

a design evaluation. For equipment

leaks, owners and operators shall

comply with the recordkeeping

requirements of § 65.163(d).

(c) Approval or denial of request to

use alternative monitoring or

recordkeeping. The Administrator will

notify the owner or operator of approval

or intention to deny approval of the

request to use an alternative monitoring

or recordkeeping method within 90

calendar days after receipt of the

original request and within 30 calendar

days after receipt of any supplementary

information that is submitted. Before

disapproving any request to use an

alternative method, the Administrator

will notify the applicant of the

Administrator’s intention to disapprove

the request together with the following:

(1) Notice of the information and

findings on which the intended

disapproval is based; and

(2) Notice of opportunity for the

owner or operator to present additional

information to the Administrator before

final action on the request. At the time

the Administrator notifies the applicant

of the intention to disapprove the

request, the Administrator will specify

how much time the owner or operator

will have after being notified of the

intended disapproval to submit the

additional information.

(d) Use of an alternative monitoring or

recordkeeping method. (1) The owner or

operator of a regulated source is subject

to the monitoring and recordkeeping

requirements of the relevant standard

unless permission to use an alternative

monitoring or recordkeeping method

requested under paragraph (b) of this

section or § 65.162(d) has been granted

by the Administrator. Once an

alternative is approved, the owner or

operator shall use the alternative for the

emission points or regulated sources

cited in the approval and shall meet the

monitoring and recordkeeping

requirements of the relevant standard

for all other emission points or

regulated sources.

(2) If the Administrator approves the

use of an alternative monitoring or

recordkeeping method for a regulated

source under paragraph (c) of this

section, the owner or operator of such

source shall continue to use the

alternative monitoring or recordkeeping

method unless he or she receives

approval from the Administrator to use

another method.

(3) If the Administrator finds

reasonable grounds to dispute the

results obtained by an alternative

monitoring or recordkeeping method,

requirement, or procedure, the

Administrator may require the use of a

method, requirement, or procedure

specified in the relevant standard. If the

results of the specified and alternative

methods, requirements, or procedures

do not agree, the results obtained by the

specified method, requirement, or

procedure shall prevail.

§ 65.8 Procedures for approval of

alternative means of emission limitation.

(a) Alternative means of emission

limitation. An owner or operator may

request a determination of equivalence

for an alternative means of emission

limitation to the requirements of design,

equipment, work practice, or

operational standards of this part. If, in

the judgment of the Administrator, an

alternative means of emission limitation

will achieve a reduction in regulated

material emissions at least equivalent to

the reduction in emissions from that

source achieved under any design,

equipment, work practice, or

operational standards (but not

performance standards) in this part, the

Administrator will publish in the

Federal Register a notice permitting the

use of the alternative means for

purposes of compliance with that

requirement.

(1) The notice may condition the

permission on requirements related to

the operation and maintenance of the

alternative means.

(2) Any such notice shall be

published only after public notice and

an opportunity for a hearing.

(b) Content of submittal. (1) In order

to obtain approval, any person seeking

permission to use an alternative means

of compliance under this section shall

collect, verify, and submit to the

Administrator information showing that

the alternative means achieves

78298 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

equivalent emission reductions. An

owner or operator seeking permission to

use an alternative means of compliance

who has not previously performed

testing shall also submit a proposed test

plan. If the owner or operator seeks

permission to use an alternative means

of compliance based on previously

performed testing, they shall submit the

results of that testing, a description of

the procedures followed in testing or

monitoring, and a description of

pertinent conditions during testing or

monitoring.

(2) The owner or operator who

requests an alternative means of

emission limitation shall submit a

description of the proposed testing,

monitoring, recordkeeping, and

reporting that will be used and the

proposed basis for demonstrating

compliance.

(3) For storage vessels, the owner or

operator shall include the results of

actual emissions tests using full-size or

scale-model storage vessels that

accurately collect and measure all

regulated material emissions using a

given control technique, and that

accurately simulate wind and account

for other emission variables such as

temperature and barometric pressure, or

an engineering analysis that the

Administrator determines is an accurate

method of determining equivalence.

(4) For proposed alternatives to

equipment leak requirements, the owner

or operator shall also submit the

information and meet the requirements

for alternative means of emission

limitation specified in § 65.102(b)

(alternative means of emission

limitation).

(c) Manufacturers of equipment used

to control equipment leaks of a

regulated material may request a

determination of equivalence for an

alternative means of emission limitation

for equipment leaks, as specified in

§ 65.102(c).

(d) Compliance. If the Administrator

makes a determination that a means of

emission limitation is a permissible

alternative to the requirements of

design, equipment, work practice, or

operational standards of this part, the

owner or operator shall either comply

with the alternative or comply with the

requirements of this part.

§ 65.9 Availability of information and

confidentiality.

(a) Availability of information. The

availability to the public of information

provided to, or otherwise obtained by,

the Administrator under this part shall

be governed by part 2 of this chapter.

With the exception of information

protected under part 2 of this chapter,

all reports, records, and other

information collected by the

Administrator under this part are

available to the public. In addition, a

copy of each permit application,

compliance plan (including the

schedule of compliance), initial

compliance status report, periodic

report, and title V permit is available to

the public, consistent with protections

recognized in section 503(e) of the Act.

(b) Confidentiality. (1) If an owner or

operator is required to submit

information entitled to protection from

disclosure under section 114(c) of the

Act, the owner or operator may submit

such information separately. The

requirements of section 114(c) shall

apply to such information.

(2) The contents of a title V permit

shall not be entitled to protection under

section 114(c) of the Act; however,

information submitted as part of an

application for a title V permit may be

entitled to protection from disclosure.

§ 65.10 State authority.

(a) The provisions of this part shall

not be construed in any manner to

preclude any State or political

subdivision thereof from adopting and

enforcing any emission standard or

limitation applicable to a regulated

source, provided that such standard,

limitation, prohibition, or other

regulation is not less stringent than the

standard applicable to such a regulated

source.

(b) The provisions of this part shall

not be construed in any manner to

preclude any State or political

subdivision thereof from requiring the

owner or operator of a regulated source

to obtain permits, licenses, or approvals

prior to initiating construction,

modification, or operation of such a

regulated source.

§ 65.11 Circumvention and prohibited

activities.

(a) Circumvention. (1) No owner or

operator subject to the provisions of this

part shall build, erect, install, or use any

article, machine, equipment, or process

to conceal an emission that would

otherwise constitute noncompliance

with a relevant standard. Such

concealment includes, but is not limited

to, the following:

(1) The use of diluents to achieve

compliance with a relevant standard

based on the concentration of a

pollutant in the effluent discharged to

the atmosphere; and

(2) The fragmentation of an operation

for the purpose of avoiding regulation

by a relevant standard.

(b) Prohibited activities. (1) No owner

or operator subject to the provisions of

this part shall operate any regulated

source in violation of the requirements

of this part except under the following

provisions:

(i) An extension or waiver of

compliance granted by the

Administrator under an applicable part;

or

(ii) An extension of compliance

granted under an applicable part by a

State with an approved permit program;

or

(iii) An exemption from compliance

granted by the President under section

112(i)(4) of the Act.

(2) After the effective date of an

approved permit program in a State, no

owner or operator of a regulated source

in that State who is required under an

applicable part to obtain a title V permit

shall operate such source except in

compliance with the provisions of this

part and the applicable requirements of

the permit program in that State.

(3) An owner or operator of a

regulated source who is subject to an

emission standard promulgated under

this part or a referencing part shall

comply with the requirements of that

standard by the date(s) established in

the applicable subpart(s) (including this

subpart) regardless of whether the

following criteria are met:

(i) A title V permit has been issued to

that source; or

(ii) If a title V permit has been issued

to that source, whether such permit has

been revised or modified to incorporate

the emission standard.

(c) Severability. Notwithstanding any

requirement incorporated into a title V

permit obtained by an owner or operator

subject to the provisions of this part, the

provisions of this part are federally

enforceable.

§ 65.12 Delegation of authority.

(a) In delegating implementation and

enforcement authority to a State under

sections 111(c) and 112(l) of the Act, the

authorities contained in paragraph (b) of

this section shall be retained by the

Administrator and not transferred to a

State.

(b) Authorities that will not be

delegated to States: §§ 65.8, 65.46,

65.102, 65.156(b)(l)(ii), and

65.158(a)(2)(ii).

§ 65.13 Incorporation by reference.

(a) The materials listed in this section

are incorporated by reference in the

corresponding sections noted. These

incorporations by reference were

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. These

materials are incorporated as they exist

on the date of the approval, and notice

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78299

of any change in these materials will be

published in the Federal Register. The

materials are available for purchase at

the corresponding addresses noted in

paragraph (b) of this section, and all are

available for inspection at the Office of

the Federal Register, 800 North Capitol

Street, NW, Suite 700, Washington, DC;

at the Air and Radiation Docket and

Information Center, U.S. EPA, 401 M

Street, SW., Washington, DC; and at the

EPA Library (MD–35), U.S. EPA,

Research Triangle Park, North Carolina.

(b) The materials listed in this

paragraph (b) are available for purchase

from at least one of the following

addresses: American Society for Testing

and Materials (ASTM), 1916 Race Street,

Philadelphia, Pennsylvania 19103; or

University Microfilms International, 300

North Zeeb Road, Ann Arbor, Michigan

48106.

(1) ASTM D1946–77, Standard

Method for Analysis of Reformed Gas by

Gas Chromatography, IBR approved

December 14, 2000 for §§ 65.64(e)(2)

and 65.147(a)(4)(i) and (b)(3)(ii).

(2) ASTM D2382–76, Standard Test

Method for Heat of Combustion of

Hydrocarbon Fuels by Bomb

Calorimeter (High-Precision Method).

IBR approved December 14, 2000 for

§§ 65.64(e)(1) and 65.147(b)(3)(ii).

§ 65.14 Addresses.

(a) All requests, reports, applications,

notifications, and other communications

submitted pursuant to this part, except

as specified under § 65.5(g)(1), shall be

sent to the Administrator at the

appropriate EPA Regional Office

indicated in the following list:

Region I (Connecticut, Maine,

Massachusetts, New Hampshire, Rhode

Island, Vermont), Director, Air Management

Division, U.S. Environmental Protection

Agency, John F. Kennedy Federal Building,

Boston, Massachusetts 02203.

Region II (New Jersey, New York, Puerto

Rico, Virgin Islands), Director, Air and Waste

Management Division, U.S. Environmental

Protection Agency, 290 Broadway, New York,

New York 10007.

Region III (Delaware, District of Columbia,

Maryland, Pennsylvania, Virginia, West

Virginia), Director, Air and Waste

Management Division, U.S. Environmental

Protection Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Region IV (Alabama, Florida, Georgia,

Kentucky, Mississippi, North Carolina, South

Carolina, Tennessee), Director, Air and Waste

Management Division, U.S. Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303.

Region V (Illinois, Indiana, Michigan,

Minnesota, Ohio, Wisconsin), Director, Air

Management Division, U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604–3507.

Region VI (Arkansas, Louisiana, New

Mexico, Oklahoma, Texas); Director;

Compliance Assurance and Enforcement

Division; U.S. Environmental Protection

Agency, 1445 Ross Avenue, Dallas, Texas

75202.

Region VII (Iowa, Kansas, Missouri,

Nebraska), Director, Air and Toxics Division,

U.S. Environmental Protection Agency, 726

Minnesota Avenue, Kansas City, Kansas

66101.

Region VIII (Colorado, Montana, North

Dakota, South Dakota, Utah, Wyoming),

Director, Air and Waste Management

Division, U.S. Environmental Protection

Agency, 999 18th Street, Suite 500, Denver,

Colorado 80295.

Region IX (American Samoa, Arizona,

California, Guam, Hawaii, Nevada), Director,

Air and Waste Management Division, U.S.

Environmental Protection Agency, 75

Hawthorne Street, San Francisco, California

94105.

Region X (Alaska, Oregon, Idaho,

Washington), Director, Air and Waste

Management Division, U.S. Environmental

Protection Agency, 1200 Sixth Avenue,

Seattle, Washington 98101.

(b) All information required to be

submitted to the Administrator under

this part shall also be submitted to the

appropriate State agency of any State to

which authority has been delegated

under section 112(l) of the Act. The

mailing addresses for State agencies are

listed as follows:

(1) Alabama. Air Pollution Control

Division, Air Pollution Control

Commission, 645 S. McDonough Street,

Montgomery, Alabama 36104.

(2) Alaska. Department of

Environmental Conservation, 3220

Hospital Drive, Juneau, Alaska 99811.

(3) Arizona. Arizona Department of

Health Services, 1740 West Adams

Street, Phoenix, Arizona 85007.

(4) Arkansas. Chief, Division of Air

Pollution Control, Arkansas Department

of Pollution Control and Ecology, 8001

National Drive, P.O. Box 9583, Little

Rock, Arkansas 72209.

(5) California. (i) Amador County Air

Pollution Control District, P.O. Box 430,

810 Court Street, Jackson, California

95642.

(ii) Bay Area Air Pollution Control

District, 939 Ellis Street, San

Francisco, California 94109.

(iii) Butte County Air Pollution

Control District, P.O. Box 1229, 316

Nelson Avenue, Oroville, California

95965.

(iv) Calaveras County Air Pollution

Control District, Government

Center, El Dorado Road, San

Andreas, California 95249.

(v) Camino del Rimedio, Santa

Barbara, California 93110.

(vi) Colusa County Air Pollution

Control District, 751 Fremont

Street, Colusa, California 95952.

(vii) El Dorado Air Pollution Control

District, 330 Fair Lane, Placerville,

California 95667.

(viii) Fresno County Air Pollution

Control District, 1221 Fulton Mall,

Fresno, California 93721.

(ix) Glenn County Air Pollution

Control District, P.O. Box 351, 720

North Colusa Street, Willows,

California 95988.

(x) Great Basin Unified Air Pollution

Control District, 157 Short Street,

suite 6, Bishop, California 93514.

(xi) Imperial County Air Pollution

Control District, County Services

Building, 939 West Main Street, El

Centro, California 92243.

(xii) Kern County Air Pollution

Control District, 1601 H Street, suite

250, Bakersfield, California 93301.

(xiii) Kings County Air Pollution

Control District, 330 Campus Drive,

Hanford, California 93230.

(xiv) Lake County Air Pollution

Control District, 255 North Forbes

Street, Lakeport, California 95453.

(xv) Lassen County Air Pollution

Control District, 175 Russell

Avenue, Susanville, California

96130.

(xvi) Madera County Air Pollution

Control District, 135 West Yosemite

Avenue, Madera, California 93637.

(xvii) Mariposa County Air Pollution

Control District, Box 5, Mariposa,

California 95338.

(xviii) Mendocino County Air

Pollution Control District, County

Courthouse, Ukiah, California

94582.

(xix) Merced County Air Pollution

Control District, P.O. Box 471, 240

East 15th Street, Merced, California

95340.

(xx) Modoc County Air Pollution

Control District, 202 West 4th

Street, Alturas, California 96101.

(xxi) Monterey Bay Unified Air

Pollution Control, 1164 Monroe

Street, Suite 10, Salinas, California

93906.

(xxii) Nevada County Air Pollution

Control District, H.E.W. Complex,

Nevada City, California 95959.

(xxiii) North Coast Unified Air

Quality Management District, 5630

South Broadway, Eureka California

95501.

(xxiv) Northern Sonoma County Air

Pollution Control District, 134 ‘‘A’’

Avenue, Auburn, California 95448.

(xxv) Placer County Air Pollution

Control District, 11491 ‘‘B’’ Avenue,

Auburn, California 95603.

(xxvi) Shasta County Air Pollution

Control District, 2650 Hospital

Lane, Redding, California 96001.

(xxvii) Sierra County Air Pollution

Control District, P.O. Box 286,

Downieville, California 95936.

(xxviii) Siskiyou County Air Pollution

78300 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

Control District, 525 South Foothill

Drive, Yreka, California 96097.

(xxix) South Coast Air Quality

Management District, 9150 Flair

Drive, El Monte, California 91731.

(xxx) Stanislaus County Air Pollution

Control District, 1030 Scenic Drive,

Modesto, California 95350.

(xxxi) Sutter County Air Pollution

Control District, Sutter County

Office Building, 142 Garden

Highway, Yuba City, California

95991.

(xxxii) Tehama County Air Pollution

Control District, P.O. Box 38, 1760

Walnut Street, Red Bluff, California

96080.

(xxxiii) Tulare County Air Pollution

Control District, County Civic

Center, Visalia, California 93277.

(xxxiv) Tuolumne County Air

Pollution Control District, 9 North

Washington Street, Sonora,

California 95370.

(xxxv) Ventura County Air Pollution

Control District, 800 South Victoria

Avenue, Ventura, California 93009.

(xxxvi) Yolo-Solano Air Pollution

Control District, P.O. Box 1006, 323

First Street, i5, Woodland,

California 95695.

(6) Colorado. Department of Health,

Air Pollution Control Division, 4210

East 11th Avenue, Denver, Colorado

80220.

(7) Connecticut. Bureau of Air

Management, Department of

Environmental Protection, State Office

Building, 165 Capitol Avenue, Hartford,

Connecticut 06106.

(8) Delaware. Delaware Department of

Natural Resources and Environmental

Control, Tatnall Building, P.O. Box

1401, Dover, Delaware 19901.

(9) Florida. Florida Bureau of Air

Quality Management, Department of

Environmental Regulation, Twin

Towers Office Building, 2600 Blair

Stone Road, Tallahassee, Florida 32301.

(10) Georgia. Environmental

Protection Division, Department of

Natural Resources, 270 Washington

Street, SW., Atlanta, Georgia 30334.

(11) Hawaii. (i) Hawaii Department of

Health, 1250 Punchbowl Street,

Honolulu, Hawaii 96813.

(ii) Hawaii Department of Health

(mailing address), Post Office Box

3378, Honolulu, Hawaii 96801.

(12) Idaho. Idaho Division of

Environmental Quality 601 Pole Line

Rd. Ste. # 2 Twin Falls, Idaho 83301.

(13) Illinois. Illinois Environmental

Protection Agency—Bureau of Air 1340

North Ninth St., Springfield Illinois

62702 1021 North Grand Avenue East

(mailing address) P.O. Box 19276

62794–9276.

(14) Indiana. Indiana Department of

Environmental Management, 105 South

Meridian Street, P.O. Box 6015,

Indianapolis, Indiana 46206.

(15) Iowa. Iowa Department of Natural

Resources, Environmental Protection

Division, Henry A. Wallace Building,

900 East Grand, Des Moines, Iowa

50319.

(16) Kansas. Kansas Department of

Health and Environment, Bureau of Air

Quality and Radiation Control, Forbes

Field, Topeka, Kansas 66620.

(17) Kentucky. Kentucky Division of

Air Pollution Control, Department for

Natural Resources and Environmental

Protection, U.S. 127, Frankfort,

Kentucky 40601.

(18) Louisiana. Program

Administrator, Air Quality Division,

Louisiana Department of Environmental

Quality, P.O. Box 44096, Baton Rouge,

Louisiana 70804.

(19) Maine. Bureau of Air Quality

Control, Department of Environmental

Protection, State House, Station No. 17,

Augusta, Maine 04333.

(20) Maryland. Bureau of Air Quality

and Noise Control, Maryland State

Department of Health and Mental

Hygiene, 201 West Preston Street,

Baltimore, Maryland 21201.

(21) Massachusetts. Division of Air

Quality Control, Department of

Environmental Protection, One Winter

Street, 7th floor, Boston, Massachusetts

02108.

(22) Michigan. Air Pollution Control

Division, Michigan Department of

Natural Resources, Stevens T. Mason

Building, 8th Floor, Lansing, Michigan

48926.

(23) Minnesota. Minnesota Pollution

Control Agency, Division of Air Quality,

520 Lafayette Road, St. Paul, Minnesota

55155.

(24) Mississippi. Bureau of Pollution

Control, Department of Natural

Resources, P.O. Box 10385, Jackson,

Mississippi 39209.

(25) Missouri. Missouri Department of

Natural Resources, Division of

Environmental Quality, P.O. Box 176,

Jefferson City, Missouri 65102.

(26) Montana. Department of Health

and Environmental Services, Air

Quality Bureau, Cogswell Building,

Helena, Montana 59601.

(27) Nebraska. Nebraska Department

of Environmental Control, P.O. Box

94877, State House Station, Lincoln,

Nebraska 68509.

(28) Nevada. Nevada Department of

Conservation and Natural Resources,

Division of Environmental Protection,

201 South Fall Street, Carson City,

Nevada 89710.

(29) New Hampshire. Air Resources

Division, Department of Environmental

Services, 64 North Main Street, Caller

Box 2033, Concord, New Hampshire

03302–2033.

(30) New Jersey. New Jersey

Department of Environmental

Protection, John Fitch Plaza, P.O. Box

2807, Trenton, New Jersey 08625.

(31) New Mexico. Director, New

Mexico Environmental Improvement

Division, Health and Environment

Department, 1190 St. Francis Drive,

Santa Fe, New Mexico 87503.

(32) New York. New York State

Department of Environmental

Conservation, 50 Wolf Road, Albany,

New York 12233, Attention: Division of

Air Resources.

(33) North Carolina. North Carolina

Environmental Management

Commission, Department of

Environment and Natural Resources,

Division of Air Quality, P.O. Box 29580,

Raleigh, North Carolina 27626–0580.

(34) North Dakota. State Department

of Health and Consolidated

Laboratories, Division of Environmental

Engineering, State Capitol, Bismarck,

North Dakota 58505.

(35) Ohio. Ohio Environmental

Protection Agency, Central District

Office, Air Pollution Unit, P.O. Box

1049, Columbus, Ohio 43266–0149.

(36) Oklahoma. Oklahoma State

Department of Health, Air Quality

Service, P.O. Box 53551, Oklahoma

City, Oklahoma 73152.

(37) Oregon. Department of

Environmental Quality, Yeon Building,

522 SW. Fifth, Portland, Oregon 97204.

(38) Pennsylvania. Department of

Environmental Resources, Post Office

Box 2063, Harrisburg, Pennsylvania

17120.

(39) Rhode Island. Division of Air and

Hazardous Materials, Department of

Environmental Management, 291

Promenade Street, Providence, Rhode

Island 02908.

(40) South Carolina. Office of

Environmental Quality Control,

Department of Health and

Environmental Control, 2600 Bull

Street, Columbia, South Carolina 29201.

(41) South Dakota. Department of

Water and Natural Resources, Office of

Air Quality and Solid Waste, Joe Foss

Building, 523 East Capitol, Pierre, South

Dakota 57501–3181.

(42) Tennessee. Division of Air

Pollution Control, Tennessee

Department of Public Health, 256

Capitol Hill Building, Nashville,

Tennessee 37219.

(43) Texas. Texas Natural Resource

Conservation Commission, P.O. Box

13087, Austin, Texas 78711–3087.

(44) Utah. Department of Health,

Bureau of Air Quality, 288 North 1460

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78301

West, P.O. Box 16690, Salt Lake City,

Utah 84116–0690.

(45) Vermont. Air Pollution Control

Division, Agency of Natural Resources,

Building 3 South, 103 South Main

Street, Waterbury, Vermont 05676.

(46) Virginia. Virginia State Air

Pollution Control Board, Room 1106,

Ninth Street Office Building, Richmond,

Virginia 23219.

(47) Washington. Department of

Ecology, Olympia, Washington 98504.

(48) West Virginia. Air Pollution

Control Commission, 1558 Washington

Street, East, Charleston, West Virginia

25311.

(49) Wisconsin. Wisconsin

Department of Natural Resources, P.O.

Box 7921, Madison, Wisconsin 53707.

(50) Wyoming. Wyoming Department

of Environmental Quality Air Division,

122 West 25th St.—4th Floor, Cheyenne,

Wyoming 82002.

§§ 65.15–65.19 [Reserved]

TABLE 1 TO SUBPART A OF PART 65—APPLICABLE 40 CFR PARTS 60, 61, AND 63 GENERAL PROVISIONS

A. 40 CFR part 60, subpart A provisions for referencing subparts Ka, Kb, VV, DDD, III, NNN, and RRR

§ 60.1,

§ 60.2,

§ 60.5,

§ 60.6,

§ 60.7(a)(1), and (a)(4),

§ 60.14,

§ 60.15,

§ 60.16

B. 40 CFR part 61, subpart A provisions for referencing subparts Y, V, and BB

§ 61.01,

§ 61.02,

§ 61.05,

§ 61.06,

§ 61.07,

§ 61.08,

§ 61.10(b), and (c),

§ 61.11, § 61.15

C. 40 CFR part 63, subpart A provisions for referencing subparts G and H

§ 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)

§ 63.2

§ 63.5 (a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i)a, (d)(3)(iii) a, (d)(3)(iv) a, (d)(3)(v) a, (d)(3)(vi) a, (d)(4), (e), (f)(1), and (f)(2)

§ 63.6 (a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16) and (j)

§ 63.9(a)(2), (b)(4)(i) b, (b)(4)(ii), (b)(4)(iii), (b)(5) b, (c) and (d)

§ 63.10(d)(4)

§ 63.12(b)

a These provisions do not apply to equipment leaks.

b The notifications specified in 40 CFR 63.9(b)(4)(i) and 63.9(b)(5) shall be submitted at the times specified in this part 65.

TABLE 2 TO SUBPART A OF PART 65—APPLICABLE REFERENCING SUBPART PROVISIONS

If you have been referenced

from * * * You must comply with * * *

40 CFR part 60, subpart Ka .............................................. 60.110a, 60.111a, and 60.115a

40 CFR part 60, subpart Kb .............................................. 60.110b, 60.111b, 60.116b(c), (e), (f)(1), and (g)

40 CFR part 60, subpart VV .............................................. 60.480, 60.481, 60.482–1(a), 60.485(d), (e), and (f), and 60.486(i) and (j), 60.488,

and 60.489

40 CFR part 60, subpart DDD ........................................... 60.560(a), (b) and (d) through (j), 60.561, 60.562–1, 60.562–2, and 60.565(g)(1)

40 CFR part 60, subpart III ................................................ 60.610(a), (b) and (d), 60.611, 60.616, 60.617

40 CFR part 60, subpart NNN ........................................... 60.660(a), (b), (c)(1) through (c)(3), (c)(5), (d), 60.661, 60.666, and 60.667

40 CFR part 60, subpart RRR ........................................... 60.700(a), (b), (c)(1), (c)(3), (c)(5), (c)(6), (c)(7), (d), 60.701, 60.706, 60.707

40 CFR part 61, subpart V ................................................ 61.240, 61.241, 61.245(d), 61.246(i) and (j), and 61.247(a) and (f)

40 CFR part 61, subpart Y ................................................ 61.270, 61.271(d)(2), and 61.274(a)

40 CFR part 61, subpart BB .............................................. 61.300 and 61.301

40 CFR part 63, subpart G For process vents, group 1

storage vessels, and group 1 transfer racks.

63.100, 63.101, 63.104 and 63.105 of subpart F and 63.110 and 63.111 of subpart G

40 CFR part 63, subpart H ................................................ 63.100, 63.101, 63.104 and 63.105 of subpart F, and 63.160, 63.161, 63.180(d) of

subpart H

78302 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

Subpart B—[Reserved]

Subpart C—Storage Vessels

§ 65.40 Applicability.

(a) The provisions of this subpart and

of subpart A of this part apply to control

of regulated material emissions from

surge control vessels, bottoms receivers,

and other storage vessels where a

referencing subpart references the use of

this subpart for such emissions control.

(b) If a physical or process change is

made that causes a storage vessel to fall

outside the criteria in the referencing

subpart that required the storage vessel

to control emissions of regulated

material, the owner or operator may

elect to no longer comply with the

provisions of this subpart. Instead, the

owner or operator shall comply with

any applicable provisions of the

referencing subpart.

§ 65.41 Definitions.

All terms used in this subpart shall

have the meaning given them in the Act

and in subpart A of this part. If a term

is defined in both subpart A of this part

and in other subparts that reference the

use of this subpart, the term shall have

the meaning given in subpart A of this

part for purposes of this subpart.

§ 65.42 Control requirements.

(a) For each storage vessel to which

this subpart applies, the owner or

operator shall comply with the

requirements of paragraph (b) or (c) of

this section.

(b) For each storage vessel storing a

liquid for which the maximum true

vapor pressure of the total regulated

material in the liquid is less than 76.6

kilopascals (10.9 pounds per square

inch), the owner or operator shall

reduce regulated material emissions to

the atmosphere as provided in any one

of the paragraphs (b)(1) through (7) of

this section.

(1) Internal floating roof (IFR).

Operate and maintain a fixed roof and

internal floating roof meeting the

requirements of § 65.43.

(2) External floating roof (EFR).

Operate and maintain an external

floating roof meeting the requirements

of § 65.44.

(3) EFR converted to IFR. Operate and

maintain an external floating roof

converted to an internal floating roof

meeting the requirements of § 65.45.

(4) Closed vent system and flare.

Operate and maintain a closed vent

system and flare as specified in

§ 65.142(a)(1). Periods of planned

routine maintenance of the flare during

which the flare does not meet the

specifications of § 65.147 shall not

exceed 240 hours per year. The

specifications and requirements in

§ 65.147 for flares do not apply during

periods of planned routine maintenance

or during a control system malfunction.

The owner or operator shall report the

periods of planned routine maintenance

as specified in § 65.166(d).

(5) Closed vent system and control

device. Operate and maintain a closed

vent system and control device as

specified in the following and

§ 65.142(a)(2):

(i) Except as provided in paragraph

(b)(5)(ii) of this section, the control

device shall be designed and operated to

reduce inlet emissions of regulated

material by 95 percent or greater.

(ii) For owners or operators referenced

to this part from 40 CFR part 63, subpart

G, and if the owner or operator of a

storage vessel can demonstrate that a

control device installed on the storage

vessel on or before December 31, 1992

is designed to reduce inlet emissions of

total organic HAP by greater than or

equal to 90 percent but less than 95

percent, then the control device is

required to be operated to reduce inlet

emissions of total organic HAP by 90

percent or greater.

(iii) Periods of planned routine

maintenance of the control device,

during which the control device does

not meet the specifications of paragraph

(b)(5)(i) or (ii) of this section, shall not

exceed 240 hours per year. The owner

or operator shall report the periods of

planned routine maintenance as

specified in § 65.166(d).

(iv) The requirements in paragraph

(b)(5)(i) of this section for control

devices do not apply during periods of

planned routine maintenance or during

a control system malfunction.

(6) Route to process or fuel gas

system. Route the emissions to a process

or a fuel gas system as specified in

§ 65.142(a)(3). Whenever the owner or

operator bypasses the fuel gas system or

process, the owner or operator shall

comply with the recordkeeping

requirement in § 65.163(b)(3). Bypassing

is permitted if the owner or operator

complies with one or more of the

following conditions:

(i) The liquid level in the storage

vessel is not increased;

(ii) The emissions are routed through

a closed vent system to a control device

complying with paragraph (b)(4) or (5)

of this section; or

(iii) The total aggregate amount of

time during which the emissions bypass

the fuel gas system or process during the

calendar year without being routed to a

control device, for all reasons (except

startups/shutdowns/malfunctions or

product changeovers of flexible

operation units and periods when the

storage vessel has been emptied and

degassed), does not exceed 240 hours.

(7) Equivalent requirements. Comply

with an equivalent to the requirements

in any one of the paragraphs (b)(1)

through (6) of this section, as provided

in § 65.46.

(c) For each storage vessel storing a

liquid for which the maximum true

vapor pressure of the total regulated

material in the liquid is greater than or

equal to 76.6 kilopascals (10.9 pounds

per square inch), the owner or operator

shall meet the requirements in

paragraph (b)(4), (5), or (6) of this

section, or equivalent as provided in

§ 65.46.

§ 65.43 Fixed roof with an internal floating

roof (IFR).

(a) IFR design requirements. The

owner or operator who elects to control

storage vessel regulated material

emissions by using a fixed roof and an

internal floating roof shall comply with

the design requirements in paragraphs

(a)(1) through (4) of this section.

(1) The internal floating roof shall be

designed to float on the stored liquid

surface except when the floating roof

must be supported by the leg supports.

(2) Except as provided in paragraph

(a)(3) of this section, the internal

floating roof shall be equipped with a

closure device between the wall of the

storage vessel and the floating roof edge

and shall consist of one of the following

devices:

(i) A liquid-mounted seal.

(ii) A metallic shoe seal.

(iii) Two continuous seals mounted

one above the other. The lower seal may

be vapor-mounted.

(3) If the internal floating roof is

equipped with a vapor-mounted seal as

of December 31, 1992, paragraph (a)(2)

of this section does not apply until the

next time the storage vessel is emptied

and degassed, or by April 22, 2004,

whichever occurs first.

(4) Except as provided in paragraph

(a)(4)(viii) of this section, each internal

floating roof shall meet the following

specifications:

(i) Each opening in a noncontact

internal floating roof except for

automatic bleeder vents (vacuum

breaker vents) and rim space vents is to

provide a projection below the stored

liquid surface.

(ii) Except for leg sleeves, automatic

bleeder vents, rim space vents, column

wells, ladder wells, sample wells, and

stub drains, each opening shall be

equipped with a gasketed cover or

gasketed lid.

(iii) Each penetration of the internal

floating roof shall be a sample well.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78303

Each sample well shall have a slit fabric

cover that covers at least 90 percent of

the opening.

(iv) Each automatic bleeder vent and

rim space vent shall be gasketed.

(v) Each penetration of the internal

floating roof that allows for passage of

a ladder shall have a gasketed sliding

cover.

(vi) Each penetration of the internal

floating roof that allows for passage of

a column supporting the fixed roof shall

have a flexible fabric sleeve seal or a

gasketed sliding cover.

(vii) Covers on each access hatch and

each gauge float well shall be designed

to be bolted or fastened when they are

closed.

(viii) If the internal floating roof does

not meet any one of the specifications

listed in paragraphs (a)(4)(i) through

(vii) of this section as of December 31,

1992, the requirement for meeting those

specifications does not apply until the

next time the storage vessel is emptied

and degassed, or by April 22, 2004,

whichever occurs first.

(b) IFR operational requirements. The

owner or operator using a fixed roof and

an internal floating roof shall comply

with the following operational

requirements:

(1) The internal floating roof shall

float on the stored liquid surface at all

times except when the floating roof

must be supported by the leg supports.

(2) When the floating roof is resting

on the leg supports, the process of

filling or refilling shall be continuous

and shall be accomplished as soon as

practical and the owner or operator

shall maintain the record specified in

§ 65.47(e).

(3) Automatic bleeder vents are to be

set to be closed at all times when the

roof is floating except when the roof is

being floated off or is being landed on

the roof leg supports.

(4) Each cover, access hatch, gauge

float well, or lid on any opening in the

internal floating roof shall be

maintained in a closed position at all

times (i.e., no visible gaps) except when

the device is in actual use. Prior to

filling the storage vessel, rim space

vents are to be set to open only when

the internal floating roof is not floating,

or when the pressure beneath the rim

seal exceeds the manufacturer’s

recommended setting.

(c) IFR inspection requirements. To

demonstrate compliance, the owner or

operator shall visually inspect the

internal floating roof, the primary seal,

and the secondary seal (if one is in

service) according to paragraphs (c)(1)

through (4) of this section and maintain

records of the IFR inspection results as

specified in § 65.47(c)(1).

(1) Single seal. For vessels equipped

with a single-seal system, the owner or

operator shall perform the following

inspections:

(i) Visually inspect for IFR type A

failures, the internal floating roof, and

the seal through manholes and roof

hatches on the fixed roof no less

frequently than once every 12 months.

(ii) Visually inspect for IFR type B

failures, the internal floating roof, the

seal, gaskets, slotted membranes, and

sleeve seals (if any) each time the

storage vessel is emptied, but no less

frequently than once every 10 years.

(2) Double seal. For vessels equipped

with two continuous seals mounted one

above the other, the owner or operator

shall perform either the inspection

required in paragraph (c)(2)(i) of this

section or the inspections required in

paragraph (c)(2)(ii) of this section:

(i) Visually inspect for IFR type B

failures, the internal floating roof, the

primary seal, the secondary seal,

gaskets, slotted membranes, and sleeve

seals (if any) each time the storage

vessel is emptied, but no less frequently

than once every 5 years; or

(ii) Visually inspect the internal

floating roof and the other components

as specified in the following:

(A) For IFR type A failures, inspect

the secondary seal through manholes

and roof hatches on the fixed roof no

less frequently than once every 12

months; and

(B) For IFR type B failures, inspect the

primary seal, the secondary seal,

gaskets, slotted membranes, and sleeve

seals (if any) each time the vessel is

emptied, but no less frequently than

once every 10 years.

(3) For inspections to determine if any

IFR type B failures are present as

required by paragraphs (c)(1)(ii),

(c)(2)(i), and (c)(2)(ii)(B) of this section,

the owner or operator shall comply with

the refilling notification requirements

specified in § 65.48(c)(1).

(4) After installing the control

equipment required to comply with

§ 65.42(b)(1) or (3), visually inspect the

internal floating roof, the primary seal,

and the secondary seal (if one is in

service) prior to filling the storage vessel

with regulated material. If there are

holes, tears, or other openings in the

primary seal, the secondary seal, or the

seal fabric, or defects in the internal

floating roof, the owner or operator shall

repair the items before filling the storage

vessel.

(d) IFR repair requirements. The

owner or operator shall repair any

observed or determined failures

according to paragraphs (d)(1) and (2) of

this section:

(1) If an IFR type A failure is

observed, the owner or operator shall

repair the items or empty and remove

the storage vessel from service within 45

calendar days. If the failure cannot be

repaired within 45 calendar days or if

the vessel cannot be emptied within 45

calendar days, the owner or operator

may utilize up to two extensions of up

to 30 additional calendar days each and

keep the records specified in § 65.47(d).

(2) If an IFR type B failure is

determined, the owner or operator shall

repair the items and comply with the

refilling notification requirements of

§ 65.48(c)(1) before refilling the storage

vessel with regulated material.

§ 65.44 External floating roof (EFR).

(a) EFR design requirements. The

owner or operator who elects to control

storage vessel regulated material

emissions by using an external floating

roof shall comply with the design

requirements listed in paragraphs (a)(1)

through (3) of this section.

(1) The external floating roof shall be

designed to float on the stored liquid

surface except when the floating roof

must be supported by the leg supports.

(2) The external floating roof shall be

equipped with a closure device between

the wall of the storage vessel and the

roof edge.

(i) Except as provided in paragraph

(a)(2)(iii) of this section, the closure

device is to consist of two continuous

seals, one above the other. The lower

seal is referred to as the primary seal

and the upper seal is referred to as the

secondary seal.

(ii) Except as provided in paragraph

(a)(2)(iv) of this section, the primary seal

shall be either a metallic shoe seal or a

liquid-mounted seal.

(iii) If the external floating roof is

equipped with a liquid-mounted or

metallic shoe primary seal as of

December 31, 1992, the requirement for

a secondary seal in paragraph (a)(2)(i) of

this section does not apply until the

next time the storage vessel is emptied

and degassed, or by April 22, 2004,

whichever occurs first.

(iv) If the external floating roof is

equipped with a vapor-mounted

primary seal and a secondary seal as of

December 31, 1992, the requirement for

a liquid-mounted or metallic shoe

primary seal in paragraph (a)(2)(ii) of

this section does not apply until the

next time the storage vessel is emptied

and degassed, or by April 22, 2004,

whichever occurs first.

(3) The external floating roof shall

meet the following specifications:

(i) Except for automatic bleeder vents

(vacuum breaker vents) and rim space

vents, each opening in the noncontact

78304 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

external floating roof shall provide a

projection below the stored liquid

surface except as provided in paragraph

(a)(3)(xiii) of this section.

(ii) Covers on each access hatch and

each gauge float well shall be designed

to be bolted or fastened when they are

closed.

(iii) Except for automatic bleeder

vents, rim space vents, roof drains, and

leg sleeves, each opening shall be

equipped with a gasketed cover, seal, or

lid.

(iv) Automatic bleeder vents and rim

space vents shall be equipped with a

gasket.

(v) Each roof drain that empties into

the stored liquid shall be equipped with

a slotted membrane fabric cover that

covers at least 90 percent of the area of

the opening.

(vi) Each unslotted and slotted guide

pole well shall be equipped with a

gasketed sliding cover or a flexible

fabric sleeve seal.

(vii) Except for antirotational devices

equipped with a welded cap, each

unslotted guide pole shall be equipped

with a gasketed cap on the end of the

pole.

(viii) Each slotted guide pole shall be

equipped with a gasketed float or other

device that closes off the stored liquid

surface from the atmosphere.

(ix) Each gauge hatch/sample well

shall be equipped with a gasketed cover.

(x) Where a metallic shoe seal is in

use as the primary seal, one end of the

metallic shoe shall be designed to

extend into the stored liquid and the

other end shall extend a minimum

vertical distance of 61 centimeters (24

inches) above the stored liquid surface.

(xi) The secondary seal shall be

designed to be installed above the

primary seal so that it completely covers

the space between the roof edge and the

vessel wall.

(xii) For the primary and secondary

seals, there shall be no holes, tears, or

other openings in the shoe, seal fabric,

or seal envelope.

(xiii) If each opening in a noncontact

external floating roof except for

automatic bleeder vents (vacuum

breaker vents) and rim space vents does

not provide a projection below the

liquid surface as of December 31, 1992,

the requirement for providing these

projections below the liquid surface

does not apply until the next time the

storage vessel is emptied and degassed,

or by April 22, 2004, whichever occurs

first.

(b) EFR operational requirements. The

owner or operator using an external

floating roof shall comply with the

following operational requirements:

(1) The external floating roof shall

float on the stored liquid surface at all

times except when the floating roof

must be supported by the leg supports.

(2) When the floating roof is resting

on the leg supports, the process of

filling or refilling shall be continuous

and shall be accomplished as soon as

practical, and the owner or operator

shall maintain the record specified in

§ 65.47(e).

(3) Except for automatic bleeder vents,

rim space vents, roof drains, and leg

sleeves, each opening shall be

maintained in a closed position (i.e., no

visible gap) at all times except when the

device is in actual use.

(4) Covers on each access hatch and

each gauge float well shall be bolted or

fastened when they are closed.

(5) Automatic bleeder vents are to be

set to be closed at all times when the

roof is floating except when the roof is

being floated off or is being landed on

the roof leg supports.

(6) Rim space vents are to be set to

open only when the roof is being floated

off the roof leg supports or when the

pressure beneath the rim seal exceeds

the manufacturer’s recommended

setting.

(7) The cap on the end of each

unslotted guide pole shall be closed at

all times except when gauging the

stored liquid level or taking samples of

the stored liquid.

(8) The cover on each gauge hatch/

sample well shall be closed at all times

except when the hatch or well must be

open for access.

(9) Except during the inspections

required by paragraph (c) of this section,

both the primary seal and the secondary

seal shall completely cover the annular

space between the external floating roof

and the wall of the storage vessel in a

continuous fashion.

(c) EFR inspection requirements. To

demonstrate compliance for an external

floating roof vessel, the owner or

operator shall use the procedures in

paragraphs (c)(4) through (9) of this

section for seal gaps according to the

frequency specified in paragraphs (c)(1)

through (3) of this section and meet the

requirements of paragraph (c)(10) of this

section.

(1) Measurements of gaps between the

vessel wall and the primary seal shall be

performed no less frequently than once

every 5 years and at the times specified

in paragraphs (c)(1)(i) and (ii) of this

section. The owner or operator shall

maintain records of the EFR seal gap

measurements as specified in

§ 65.47(c)(2).

(i) During the hydrostatic testing of

the vessel, by initial startup, or within

90 days of the initial fill with regulated

material.

(ii) For an external floating roof vessel

equipped with a liquid-mounted or

metallic shoe primary seal and without

a secondary seal as provided for in

paragraph (a)(2)(iii) of this section,

measurements of gaps between the

vessel wall and the primary seal shall be

performed at least once per year until a

secondary seal is installed. When a

secondary seal is installed above the

primary seal, measurements of gaps

between the vessel wall and both the

primary and secondary seals shall be

performed within 90 calendar days of

installation of the secondary seal and

according to the frequency specified in

paragraphs (c)(1) through (3) of this

section thereafter.

(2) Measurements of gaps between the

vessel wall and the secondary seal shall

be performed no less frequently than

once per year and within 90 days of the

initial fill with regulated material,

within 90 days of installation of the

secondary seal, or by initial startup. The

owner or operator shall maintain

records of the EFR seal gap

measurements as specified in

§ 65.47(c)(2).

(3) If any storage vessel ceases to store

regulated material for a period of 1 year

or more, measurements of gaps between

the vessel wall and the primary seal,

and gaps between the vessel wall and

the secondary seal shall be performed

within 90 days of the vessel being

refilled with regulated material. The

owner or operator shall maintain

records of the EFR seal gap

measurements as specified in

§ 65.47(c)(2).

(4) If the tank contains regulated

material, all primary seal inspections or

gap measurements that require the

removal or dislodging of the secondary

seal shall be accomplished as soon as

possible, and the secondary seal shall be

replaced as soon as possible.

(5) The owner or operator shall notify

the Administrator 30 days before any

EFR seal gap measurement as specified

in § 65.48(c)(2).

(6) Except as provided in paragraph

(d) of this section, the owner or operator

shall determine gap widths and gap

areas in the primary and secondary seals

(seal gaps) individually by the following

procedures:

(i) Seal gaps, if any, shall be measured

at one or more floating roof levels when

the roof is not resting on the roof leg

supports.

(ii) Seal gaps, if any, shall be

measured around the entire

circumference of the vessel in each

place where a 0.32 centimeter (1⁄8 inch)

diameter uniform probe passes freely

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78305

(without forcing or binding against the

seal) between the seal and the wall of

the storage vessel. The circumferential

distance of each such location shall also

be measured.

(iii) The total surface area of each gap

described in paragraph (c)(6)(ii) of this

section shall be determined by using

probes of various widths to measure

accurately the actual distance from the

vessel wall to the seal and multiplying

each such width by its respective

circumferential distance.

(7) The owner or operator shall add

the gap surface area of each gap location

for the primary seal and divide the sum

by the nominal diameter of the vessel.

The owner or operator shall include the

calculations in the record of the seal gap

measurement as specified in

§ 65.47(c)(2). For metallic shoe primary

seals or liquid-mounted primary seals,

the accumulated area of gaps between

the vessel wall and the primary seal

shall not exceed 212 square centimeters

per meter of vessel diameter (10.0

square inches per foot of vessel

diameter) and the width of any portion

of any gap shall not exceed 3.81

centimeters (1.50 inches).

(8) The owner or operator shall add

the gap surface area of each gap location

for the secondary seal and divide the

sum by the nominal diameter of the

vessel. The owner or operator shall

include the calculations in the record of

the seal gap measurement as specified

in § 65.47(c)(2). The accumulated area of

gaps between the vessel wall and the

secondary seal used in combination

with a metallic shoe seal or liquidmounted primary seal shall not exceed

21.2 square centimeters per meter of

vessel diameter (1.00 square inch per

foot of vessel diameter) and the width

of any portion of any gap shall not

exceed 1.27 centimeters (0.50 inch). The

secondary seal gap requirements may be

exceeded during the measurement of

primary seal gaps as required by

paragraph (c)(1) of this section.

(9) If the owner or operator

determines that it is unsafe to perform

the seal gap measurements or to inspect

the vessel to determine compliance

because the floating roof appears to be

structurally unsound and poses an

imminent or potential danger to

inspecting personnel, the owner or

operator shall comply with one of the

following requirements:

(i) The owner or operator shall

measure the seal gaps or inspect the

storage vessel no later than 30 calendar

days after the determination that the

roof is unsafe; or

(ii) The owner or operator shall empty

and remove the storage vessel from

service no later than 45 calendar days

after determining that the roof is unsafe.

If the vessel cannot be emptied within

45 calendar days, the owner or operator

may utilize up to two extensions of up

to 30 additional calendar days each and

comply with the recordkeeping

requirements in § 65.47(d).

(10) The owner or operator shall

visually inspect for EFR failures, the

external floating roof, the primary seal,

secondary seal, and fittings prior to

initial filling and each time the vessel is

emptied (including initially before the

vessel is filled with regulated material),

shall maintain records of the EFR

inspection results as specified in

§ 65.47(c)(1), and shall comply with the

refilling notification requirements

specified in § 65.48(c)(1).

(d) EFR repair requirements. (1) The

owner or operator shall repair

conditions that do not meet seal gap

specifications listed in paragraphs (c)(7)

and (8) of this section or any EFR failure

observed by the inspection required by

paragraph (c)(10) of this section no later

than 45 calendar days after

identification, or shall empty and

remove the storage vessel from service

no later than 45 calendar days after

identification. If the vessel cannot be

repaired or emptied within 45 calendar

days, the owner or operator may utilize

up to two extensions of up to 30

additional calendar days each and

comply with the recordkeeping

requirements in § 65.47(d).

(2) If an EFR failure is observed by the

inspection required by paragraph (c)(10)

of this section, the owner or operator

shall repair the items as necessary so

that none of the conditions specified in

paragraph (c)(10) of this section exist

before filling or refilling the storage

vessel with regulated material.

§ 65.45 External floating roof converted

into an internal floating roof.

The owner or operator who elects to

control storage vessel regulated material

emissions by using an external floating

roof converted into an internal floating

roof shall comply with the internal

floating roof requirements of § 65.43

except § 65.43(a)(3), (b)(2), and (b)(3)

and the external floating roof deck

fitting requirements of § 65.44 except

§ 65.44(a)(1), (a)(2), (b)(1), (b)(8), (b)(9),

(c), and (d), including the recordkeeping

and reporting provisions referenced

therein.

§ 65.46 Alternative means of emission

limitation.

Any person seeking permission to use

an alternative means of compliance

under this section shall use the

procedures of § 65.8.

§ 65.47 Recordkeeping provisions.

(a) Retention time. Each owner or

operator of a storage vessel subject to

this subpart shall meet the requirements

of § 65.4, except the record specified in

paragraph (b) of this section shall be

kept as long as the storage vessel is in

operation.

(b) Vessel dimensions and capacity.

Each owner or operator of a storage

vessel subject to this subpart shall keep

readily accessible records showing the

dimensions of the storage vessel and an

analysis of the capacity of the storage

vessel.

(c) Inspection results. The owner or

operator shall keep the records specified

in paragraphs (c)(1) and (2) of this

section.

(1) For each IFR or EFR inspection

required by § 65.43(c)(1) and (2), or

§ 65.44(c)(10), respectively, a record

containing the following information, as

appropriate:

(i) In the event that no IFR type A

failure, IFR type B failure, or EFR failure

is observed, a record showing that the

inspection was performed. The record

shall identify the storage vessel on

which the inspection was performed,

the date the storage vessel was

inspected, and references indicating

which items were inspected.

(ii) In the event that an IFR type A

failure, IFR type B failure, or EFR failure

is observed, a record that identifies the

storage vessel on which the inspection

was performed, the date the storage

vessel was inspected, a description of

the failure and of the repair made, the

date the vessel was emptied (if

applicable), and the date that the repair

was made. As specified in § 65.48(b)(1),

the owner or operator shall include this

record in the periodic report.

(2) For each EFR seal gap

measurement required by § 65.44(c)(1),

(2), or (3), a record describing the results

of the measurement. The record shall

identify the vessel on which the

measurement was performed, shall

include the date of the measurement,

the raw data obtained in the

measurement, and the calculations

described in § 65.44(c)(7) and (8), and

shall meet the following two additional

requirements, as appropriate:

(i) In the event that the seal gap

measurements do conform to the

specifications in § 65.44(c)(7) and (8),

the owner or operator shall submit the

information specified in § 65.48(b)(2)(i)

in the periodic report.

(ii) In the event that the seal gap

measurements do not conform to the

specifications in § 65.44(c)(7) and (8),

the owner or operator shall also keep a

description of the repairs that were

made, the date the repairs were made,

78306 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

and the date the storage vessel was

emptied and shall include a report of

the seal gap measurement results in the

periodic report as specified in

§ 65.48(b)(2)(ii).

(d) Emptying and repairing extension.

The owner or operator who elects to

utilize an extension in emptying a

storage vessel for purposes of repair

shall prepare by the initiation of the

extension the following documentation,

as appropriate, of the decision to utilize

an extension:

(1) For an extension pursuant to

§ 65.43(d)(1) or § 65.44(d)(1), a

description of the failure,

documentation that alternative storage

capacity is unavailable, and a schedule

of actions that will ensure that the

control equipment will be repaired or

the vessel will be emptied as soon as

practical. As specified in § 65.48(b)(1)(i),

the owner or operator shall include this

information in the periodic report.

(2) For an extension pursuant to

§ 65.44(c)(9), an explanation of why it

was unsafe to perform the inspection or

seal gap measurement, documentation

that alternate storage capacity is

unavailable, and a schedule of actions

that will ensure that the vessel will be

emptied as soon as practical. As

specified in § 65.48(b)(3), the owner or

operator shall include this information

in the periodic report.

(e) Floating roof set on its legs. The

owner or operator shall maintain a

record for each storage vessel subject to

§ 65.43(b)(2) and § 65.44(b)(2)

identifying the date when the floating

roof was set on its legs and the date

when the roof was refloated. The record

shall also indicate whether this was a

continuous operation.

§ 65.48 Reporting provisions.

(a) Notification of initial startup. If

§ 65.5(b) requires that a notification of

initial startup be filed, then the content

of the notification of initial startup shall

at least include the information

specified in § 65.5(b) and the

identification of each storage vessel, its

capacity, and the types of regulated

material stored in the storage vessel.

(b) Periodic reports. Report the

information specified in paragraphs

(b)(1) through (3) of this section, as

applicable, in the periodic report

specified in § 65.5(e).

(1) Inspection results. Report the

following information for each

inspection conducted in accordance

with § 65.43(c) and § 65.44(c) in which

an IFR or EFR failure is detected in the

control equipment:

(i) If an IFR type A failure or an EFR

failure is observed for vessels for which

inspections are required under

§ 65.43(c)(1)(i), § 65.43(c)(2)(ii)(A), or

§ 65.44(c)(10), each report shall include

the inspection results record listed in

§ 65.47(c)(1)(ii). If an extension is

utilized in accordance with § 65.43(d)(1)

or § 65.44(d)(1), the report shall include

the records listed in § 65.47(c)(1)(ii) plus

the documentation specified in

§ 65.47(d)(1).

(ii) If an IFR type B failure is observed

for vessels for which inspections are

required under § 65.43(c)(1)(ii), (c)(2)(i),

or (c)(2)(ii)(B), each report shall include

a copy of the records listed in

§ 65.47(c)(1)(ii).

(2) Seal gap measurement results. (i)

For each vessel whose seal gaps are

measured during the reporting period,

identify each seal gap measurement

made in accordance with § 65.44(c) in

which the requirements of § 65.44(c)(7)

or (8) are met.

(ii) For each seal gap measurement

made in accordance with § 65.44(c) in

which the requirements of § 65.44(c)(7)

or (8) are not met, from the records kept

pursuant to § 65.47(c)(2), report the date

of the measurements, results of the

calculations, and note which seal gap

measurements did not conform to the

specifications in § 65.44(c)(7) and (8).

(3) Extension documentation. If an

extension is utilized in accordance with

§ 65.44(c)(9), the owner or operator shall

include the documentation specified in

§ 65.47(d)(2) in the next report required

by § 65.5(e).

(c) Special notifications. An owner or

operator who elects to comply with

§ 65.43, § 65.44, or § 65.45 shall submit,

as applicable, the reports specified in

paragraphs (c)(1) and (2) of this section

except as specified in paragraph (c)(3) of

this section. Each written notification or

report shall also include the information

specified in § 65.5(f).

(1) Refilling notification. In order to

afford the Administrator the

opportunity to have an observer present,

notify the Administrator prior to

refilling of a storage vessel that has been

emptied. If the storage vessel is

equipped with an internal floating roof

as specified in § 65.43, an external

floating roof as specified in § 65.44, or

an external floating roof converted to an

internal floating roof as specified in

§ 65.45, the notification shall meet

either of the following requirements, as

applicable.

(i) Notify the Administrator in writing

at least 30 calendar days prior to the

refilling of each storage vessel; or

(ii) If the inspection is not planned

and the owner or operator could not

have known about the inspection 30

calendar days in advance of refilling the

vessel, the owner or operator shall

notify the Administrator as soon as

practical, but no later than 7 calendar

days prior to the refilling of the storage

vessel. Notification may be made by

telephone and immediately followed by

written documentation demonstrating

why the inspection was unplanned.

Alternatively, the notification including

the written documentation may be made

in writing and sent so that it is received

by the Administrator at least 7 calendar

days prior to refilling.

(2) Seal gap measurement

notification. In order to afford the

Administrator the opportunity to have

an observer present during seal gap

measurements, the owner or operator of

a storage vessel equipped with an

external floating roof as specified in

§ 65.44 shall meet either of the

following notification requirements, as

applicable:

(i) Notify the Administrator in writing

at least 30 calendar days in advance of

any seal gap measurements; or

(ii) If the seal gap measurements are

not planned and the owner or operator

could not have known about the seal

gap measurements 30 calendar days in

advance, the owner or operator shall

notify the Administrator as soon as

practical, but no later than 7 calendar

days prior to the seal gap measurements.

Notification may be made by telephone

and immediately followed by written

documentation demonstrating why the

seal gap measurements were unplanned.

Alternatively, the notification including

the written documentation may be made

in writing and sent so that it is received

by the Administrator at least 7 calendar

days prior to refilling.

(3) Notification waiver. Where a

notification required by paragraphs

(c)(1) or (2) of this section is sent to a

delegated State or local agency, a copy

of the notification to the Administrator

is not required. A delegated State or

local agency may waive the

requirements for these notifications.

(d) Compliance certification. For

sources subject to the compliance

certification provisions of title V, a

recertification of continuous compliance

with § 65.43(b)(1) and § 65.44(b)(1) shall

be based on the annual inspections

required by § 65.43(c)(1)(i) and

(c)(2)(ii)(A) and any observations made

at other times when the roof is viewed.

§§ 65.49–65.59 [Reserved]

Subpart D—Process Vents

§ 65.60 Applicability.

The provisions of this subpart and of

subpart A of this part apply to regulated

material emissions from process vents

where a referencing subpart references

the use of this subpart.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78307

§ 65.61 Definitions.

All terms used in this subpart shall

have the meaning given them in the Act

and in subpart A of this part. If a term

is defined in both subpart A of this part

and in other subparts that reference the

use of this subpart, the term shall have

the meaning given in subpart A of this

part for purposes of this subpart.

§ 65.62 Process vent group determination.

(a) Group status. The owner or

operator of a process vent shall

determine the group status (i.e., Group

1, Group 2A, or Group 2B) for each

process vent. Group 1 process vents

require control, and Group 2A and 2B

process vents do not. Group 2A process

vents require parameter monitoring, and

Group 2B process vents do not. The

owner or operator shall report the group

status of each process vent as specified

in § 65.5(c)(2).

(b) Group 1. A process vent is

considered Group 1 if it meets at least

one of the following specifications:

(1) The owner or operator designates

the process vent as Group 1.

(2) At representative operating

conditions expected to yield the lowest

TRE index value for the process vent,

the TRE index value is less than or

equal to 1.0, the flow rate is greater than

or equal to 0.011 standard cubic meter

per minute (0.40 standard cubic foot per

minute), and the concentration is greater

than or equal to the applicable criterion

in table 1 of this subpart. Procedures for

determining the TRE index value, flow

rate, and concentration are specified in

§ 65.64.

(c) Group 2A. A process vent is

considered Group 2A if, at

representative operating conditions

expected to yield the lowest TRE index

value, it has a TRE index value of

greater than 1.0 and less than or equal

to 4.0, a flow rate of greater than or

equal to 0.011 standard cubic meter per

minute (0.40 standard cubic foot per

minute), and a concentration greater

than or equal to the applicable table 1

criterion. Procedures for determining

the TRE index value, flow rate, and

concentration are specified in § 65.64.

(d) Group 2B. A process vent is

considered Group 2B if, at

representative operating conditions

expected to yield the lowest TRE index

value, it has a TRE index value of

greater than 4.0; or a flow rate of less

than 0.011 standard cubic meter per

minute (0.40 standard cubic foot per

minute); or a concentration less than the

applicable criterion in table 1 of this

subpart. Procedures for determining the

TRE index value, flow rate, and

concentration are specified in § 65.64.

§ 65.63 Performance and group status

change requirements.

(a) Group 1 performance

requirements. Except for the additional

requirement for halogenated vent

streams as provided in paragraph (b) of

this section, the owner or operator of a

Group 1 process vent shall comply with

the requirements of either paragraph

(a)(1), (2), or (3) of this section.

(1) Flare. Reduce emissions of

regulated material using a flare meeting

the applicable requirements of

§ 65.142(b).

(2) 98 percent or 20 parts per million

standard. Reduce emissions of regulated

material or TOC by at least 98 weightpercent or to a concentration of less

than 20 parts per million by volume,

whichever is less stringent. For

combustion devices, the emission

reduction or concentration shall be

calculated on a dry basis, and corrected

to 3 percent oxygen. The owner or

operator shall meet the requirements in

§ 65.142(b) and paragraphs (a)(2)(i) and/

or (a)(2)(ii) of this section.

(i) Compliance with paragraph (a)(2)

of this section may be achieved by using

any combination of recovery and/or

control device to meet the 20 parts per

million by volume concentration

standard; or by using any combination

of recovery and/or control device to

meet the 98 weight percent reduction

standard, if the recovery device meets

the conditions of paragraph (a)(2)(ii) of

this section.

(ii) An owner or operator may use a

recovery device alone or in combination

with one or more control devices to

reduce emissions of total regulated

material by 98 weight-percent if all of

the following conditions are met:

(A) For process vents referenced to

this part by 40 CFR part 63, subpart G,

the recovery device (and any control

device that operates in combination

with the recovery device to reduce

emissions of total regulated material by

98 weight-percent) was installed before

December 31, 1992.

(B) The recovery device that will be

used to reduce emissions of total

regulated material by 98 weight-percent

is the last recovery device before

emission to the atmosphere.

(C) The recovery device alone or in

combination with one or more control

devices is capable of reducing emissions

of total regulated material by 98 weightpercent but is not capable of reliably

reducing emissions of total regulated

material to a concentration of 20 parts

per million by volume.

(D) If the owner or operator disposed

of the recovered material, the recovery

device would be considered a control

device and comply with the

requirements of this subpart and

§ 65.142(b) for control devices.

(3) TRE index value. Achieve and

maintain a TRE index value greater than

1.0 at the outlet of the final recovery

device, or prior to release from the

process vent to the atmosphere if no

recovery device is present. If the TRE

index value is greater than 1.0, the

process vent shall meet the provisions

for a Group 2A or 2B process vent

specified in either paragraph (c), (d), (e),

or (f) of this section, whichever is

applicable.

(b) Halogenated Group 1 performance

requirement. Halogenated Group 1

process vents that are combusted shall

be controlled according to paragraph

(b)(1) or (2) of this section. The owner

or operator shall either designate the

Group 1 process vent as a halogenated

Group 1 process vent or shall determine

whether the process vent is halogenated

using the procedures specified in

§ 65.64(g). If determined, the halogen

concentration in the vent stream shall

be recorded and reported in the Initial

Compliance Status Report as specified

in § 65.160(d). If the owner or operator

designates the process vent as a

halogenated Group 1 process vent, then

this shall also be recorded and reported

in the Initial Compliance Status Report.

(1) Halogen reduction device

following combustion. If a combustion

device is used to comply with paragraph

(a)(2) of this section for a halogenated

process vent, then the process vent

exiting the combustion device shall be

ducted to a halogen reduction device

including, but not limited to, a scrubber

before it is discharged to the

atmosphere, and the halogen reduction

device shall meet the requirements of

paragraph (b)(1)(i) or (ii) of this section,

as applicable. The halogenated process

vent shall not be combusted using a

flare.

(i) Except as provided in paragraph

(b)(1)(ii) of this section, the halogen

reduction device shall reduce overall

emissions of hydrogen halides and

halogens by 99 percent or shall reduce

the outlet mass of total hydrogen halides

and halogens to less than 0.45 kilogram

per hour (0.99 pound per hour),

whichever is less stringent. The owner

or operator shall meet the requirements

in § 65.142(b).

(ii) If a scrubber or other halogen

reduction device was installed prior to

December 31, 1992, the device shall

reduce overall emissions of hydrogen

halides and halogens by 95 percent or

shall reduce the outlet mass of total

hydrogen halides and halogens to less

than 0.45 kilogram per hour (0.99 pound

per hour), whichever is less stringent.

78308 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

The owner or operator shall meet the

requirements in § 65.142(b).

(2) Halogen reduction device prior to

combustion. A halogen reduction

device, such as a scrubber, or other

technique may be used to reduce the

process vent halogen atom mass

emission rate to less than 0.45 kilogram

per hour (0.99 pound per hour) prior to

any combustion control device and thus

make the process vent nonhalogenated;

the process vent must comply with the

requirements of paragraph (a)(1) or (2) of

this section. The mass emission rate of

halogen atoms contained in organic

compounds prior to the combustor shall

be determined according to the

procedures in § 65.64(g). The owner or

operator shall maintain the record

specified in § 65.160(d) and submit the

report specified in § 65.165(d).

(c) Performance requirements for

Group 2A process vents with recovery

devices. For Group 2A process vents,

where the owner or operator is using a

recovery device to maintain a TRE index

value greater than 1.0, the owner or

operator shall maintain a TRE index

value greater than 1.0 and comply with

the requirements for recovery devices in

§ 65.142(b).

(d) Performance requirements for

Group 2A process vents without

recovery devices. For Group 2A process

vents where the owner or operator is not

using a recovery device to maintain a

TRE index value greater than 1.0,

determine the appropriate parameters to

be monitored and submit the

information as specified in paragraphs

(d)(1), (2), and (3) of this section. Such

information shall be submitted for

approval to the Administrator as part of

a title V permit application or by

separate notice. The owner or operator

shall monitor as specified in § 65.65(a),

maintain the record specified in

§ 65.66(e), and submit reports as

specified in § 65.67(c).

(1) Parameter monitoring. A

description of the parameter(s) to be

monitored to ensure the owner or

operator of a process vent achieves and

maintains the TRE above 1.0. and an

explanation of the criteria used to select

the parameter(s).

(2) Demonstration methods and

procedures. A description of the

methods and procedures that will be

used to demonstrate that the parameter

indicates proper operation of the

process, the schedule for this

demonstration, and a statement that the

owner or operator will establish a range

for the monitored parameter as part of

the Initial Compliance Status Report

required in § 65.5(d), unless this

information has already been included

in the operating permit application.

(3) Monitoring, recordkeeping, and

reporting frequency. The frequency and

content of monitoring, recording, and

reporting if monitoring and

recordkeeping are not continuous, or if

reports of daily average values when the

monitored parameter value is outside

the range established in the operating

permit or Initial Compliance Status

Report will not be included in periodic

reports required under § 65.5(e). The

rationale for the proposed monitoring,

recording, and reporting system shall be

included.

(e) Group 2B performance

requirements. For Group 2B process

vents, the owner or operator shall

maintain a TRE index greater than 4.0,

a flow rate less than 0.011 scmm, or a

concentration less than the applicable

criteria in table 1 to this subpart.

(f) Group 2A or 2B process change

requirements. Whenever process

changes are made that could reasonably

be expected to change a Group 2A or 2B

process vent to a Group 1 vent, the

owner or operator shall recalculate the

TRE index value, flow, or TOC or

organic hazardous air pollutant (HAP)

concentration according to paragraph

(f)(1), (2), or (3) of this section as

specified for each process vent as

necessary to determine whether the

process vent is Group 1, Group 2A, or

Group 2B and shall maintain the

applicable records specified in

§ 65.66(d) and submit the applicable

reports specified in § 65.67(b). The

owner or operator shall perform the

group status determination as soon as

practical after the process change and

within 180 days after the process

change. Examples of process changes

include, but are not limited to, changes

in production capacity, production rate,

feedstock type, or catalyst type, or

whenever there is replacement, removal,

or addition of recovery equipment. For

purposes of paragraph (f) of this section,

process changes do not include process

upsets; unintentional, temporary

process changes; and changes that are

within the range on which the original

TRE index value calculation was based.

(1) Flow rate. The flow rate shall be

determined as specified in the sampling

site and flow rate determination

procedures in § 65.64(b) and (d) or by

using best engineering assessment of the

effects of the change. Engineering

assessments shall meet the

specifications in § 65.64(i).

(2) Concentration. The TOC or organic

HAP concentration shall be determined

as specified in § 65.64(b) and (c) or by

using best engineering assessment of the

effects of the change. Engineering

assessments shall meet the

specifications in § 65.64(i).

(3) TRE index value. The TRE index

value shall be recalculated based on

measurements of process vent flow rate,

TOC, and/or organic HAP

concentrations, and heating values as

specified in § 65.64(b), (c), (d), (e), (f),

(g), and (h) as applicable, or based on

best engineering assessment of the

effects of the change. Engineering

assessments shall meet the

specifications in § 65.64(i).

(4) Group status change to Group 1.

Where the process change causes the

group status to change to Group 1, the

owner or operator shall comply with the

Group 1 process vent provisions in

paragraph (a) of this section and, if they

apply, the halogenated Group 1 process

vent provisions in paragraph (b) of this

section upon initial startup after the

change and thereafter unless the owner

or operator demonstrates to the

Administrator that achieving

compliance will take longer than

making the process change. If this

demonstration is made to the

Administrator’s satisfaction, the owner

or operator shall comply as

expeditiously as practical, but in no

event later than 3 years after the

emission point becomes Group 1, and

shall comply with the following

procedures to establish a compliance

date:

(i) The owner or operator shall submit

to the Administrator for approval a

compliance schedule, along with a

justification for the schedule.

(ii) The compliance schedule shall be

submitted with the operating permit

application or amendment or by other

appropriate means.

(iii) The Administrator shall approve

the compliance schedule or request

changes within 120 calendar days of

receipt of the compliance schedule and

justification.

(5) Group status change to Group 2A.

Whenever a process change causes the

process vent group status to change to

Group 2A, the owner or operator shall

comply with the provisions of

paragraph (c) or (d) of this section upon

completion of the group status

determination of the process vent.

(6) Group status change to Group 2B.

Whenever a process change causes the

process vent group status to change to

Group 2B, the owner or operator shall

comply with the provisions of

paragraph (e) of this section as soon as

practical after the process change.

§ 65.64 Group determination procedures.

(a) General. The provisions of this

section provide calculation and

measurement methods for parameters

that are used to determine group status.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78309

(b)(1) Sampling site. For purposes of

determining TOC or HAP concentration,

process vent volumetric flow rate,

heating value, or TRE index value as

specified under paragraph (c), (d), (e),

(f), or (h) of this section, the sampling

site shall be located after the last

recovery device (if any recovery devices

are present) but prior to the inlet of any

control device that is present, and prior

to release to the atmosphere.

(2) Sampling site when a halogen

reduction device is used prior to a

combustion device. An owner or

operator using a scrubber or other

halogen reduction device to reduce the

process vent halogen atom mass

emission rate to less than 0.45 kilogram

per hour (0.99 pound per hour) prior to

a combustion control device in

compliance with § 65.63(b)(2) shall

determine the halogen atom mass

emission rate prior to the combustor and

after the scrubber or other halogen

reduction device according to the

procedures in paragraph (g) of this

section.

(3) Sampling site selection method.

Method 1 or 1A of appendix A of 40

CFR part 60, as appropriate, shall be

used for selection of the sampling site.

No traverse site selection method is

needed for process vents smaller than

0.10 meter (4 inches) in nominal inside

diameter.

(c) TOC or HAP concentration. The

TOC or HAP concentrations used for

TRE index value calculations in

paragraph (h) of this section shall be

determined based on paragraph (c)(1) or

(i) of this section, or any other method

or data that have been validated

according to the protocol in Method 301

of appendix A of 40 CFR part 63. For

concentrations needed for comparison

with the appropriate concentration in

table 1 of this subpart, TOC or HAP

concentration shall be determined based

on paragraph (c)(1), (c)(2), or (i) of this

section or any other method or data that

have been validated according to the

protocol in Method 301 of appendix A

of 40 CFR part 63. The owner or

operator shall record the TOC or HAP

concentration as specified in § 65.66(c).

(1) Method 18. The procedures

specified in paragraph (c)(1)(i) and (ii)

of this section shall be used to calculate

parts per million by volume

concentration using Method 18 of

appendix A of 40 CFR part 60.

(i) The minimum sampling time for

each run shall be 1 hour in which either

an integrated sample or four grab

samples shall be taken. If grab sampling

is used, then the samples shall be taken

at approximately equal intervals in time,

such as 15-minute intervals during the

run.

(ii) The concentration of either TOC

(minus methane and ethane) or organic

HAP emissions shall be calculated using

the following two procedures, as

applicable.

(A) The TOC concentration (CTOC) is

the sum of the concentrations of the

individual components and shall be

computed for each run using Equation

64–1 of this section:

C

C

x TOC Eq

ji

j

n

i

x

=











 = =

∑ ∑

1 1 ( . 64-1)

Where:

CTOC = Concentration of TOC (minus

methane and ethane), dry basis,

parts per million by volume.

x = Number of samples in the sample

run.

n = Number of components in the

sample.

Cji = Concentration of sample

component j of the sample i, dry

basis, parts per million by volume.

(B) The total organic HAP

concentration (CHAP) shall be computed

according to the equation in paragraph

(c)(1)(ii)(A) of this section except that

only the organic HAP species shall be

summed.

(2) Method 25A. The following

procedures shall be used to calculate

parts per million by volume

concentration using Method 25A of

appendix A of 40 CFR part 60:

(i) Method 25A of appendix A of 40

CFR part 60 shall be used only if a

single organic compound of regulated

material is greater than 50 percent of

total organic HAP or TOC, by volume,

in the process vent.

(ii) The process vent composition may

be determined by either process

knowledge, test data collected using an

appropriate EPA method, or a method or

data validated according to the protocol

in Method 301 of appendix A of 40 CFR

part 63. Examples of information that

could constitute process knowledge

include calculations based on material

balances, process stoichiometry, or

previous test results provided the

results are still relevant to the current

process vent conditions.

(iii) The organic compound used as

the calibration gas for Method 25A of

appendix A of 40 CFR part 60 shall be

the single organic compound of

regulated material present at greater

than 50 percent of the total organic HAP

or TOC by volume.

(iv) The span value for Method 25A

of appendix A of 40 CFR part 60 shall

be equal to the appropriate

concentration value in table 1 to this

subpart.

(v) Use of Method 25A of appendix A

of 40 CFR part 60 is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(vi) The owner or operator shall

demonstrate that the concentration of

TOC including methane and ethane

measured by Method 25A of appendix

A of 40 CFR part 60 is below one-half

the appropriate value in table 1 to this

subpart to be considered a Group 2B

vent with an organic HAP or TOC

concentration below the appropriate

value in table 1 to this subpart.

(d) Volumetric flow rate. The process

vent volumetric flow rate (QS) in

standard cubic meters per minute at 20

°C (68 °F) shall be determined as

specified in paragraphs (d)(1) and (2) of

this section and shall be recorded as

specified in § 65.66(b):

(1) Use Method 2, 2A, 2C, or 2D of

appendix A of 40 CFR part 60, as

appropriate. If the process vent tested

passes through a final steam jet ejector

and is not condensed, the stream

volumetric flow shall be corrected to 2.3

percent moisture; or

(2) The engineering assessment

procedures in paragraph (i) of this

section can be used for determining

volumetric flow rates.

(e) Heating value. The net heating

value shall be determined as specified

in paragraphs (e)(1) and (2) of this

section or by using the engineering

assessment procedures in paragraph (i)

of this section.

(1) The net heating value of the

process vent shall be calculated using

Equation 64–2 of this section:

78310 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

H K D H Eq T jj

j

n

= 









 =

1 ∑

1

( . -2) 64

Where:

HT = Net heating value of the sample,

megajoule per standard cubic meter,

where the net enthalpy per mole of

process vent is based on

combustion at 25 °C and 760

millimeters of mercury, but the

standard temperature for

determining the volume

corresponding to 1 mole is 20 °C as

in the definition of QS (process vent

volumetric flow rate).

K1 = Constant, 1.740 × 10¥7 (parts per

million)¥1 (gram-mole per standard

cubic meter) (megajoule per

kilocalorie), where standard

temperature for (gram-mole per

standard cubic meter) is 20 °C.

n = Number of components in the

sample.

Dj = Concentration on a wet basis of

compound j in parts per million as

measured by procedures indicated

in paragraph (e)(2) of this section.

For process vents that pass through

a final steam jet and are not

condensed, the moisture is assumed

to be 2.3 percent by volume.

Hj = Net heat of combustion of

compound j, kilocalorie per grammole, based on combustion at 25 °C

and 760 millimeters of mercury.

The heat of combustion of process

vent components shall be

determined using American Society

for Testing and Materials (ASTM)

D2382–76 (incorporated by

reference as specified in § 65.13) if

published values are not available

or cannot be calculated.

(2) The molar composition of the

process vent (Dj) shall be determined

using the following methods:

(i) Method 18 of appendix A of 40

CFR part 60 to measure the

concentration of each organic

compound.

(ii) American Society for Testing and

Materials (ASTM) D1946–77

(incorporated by reference as specified

in § 65.13) to measure the concentration

of carbon monoxide and hydrogen.

(iii) Method 4 of appendix A of 40

CFR part 60 to measure the moisture

content of the stack gas.

(f) TOC or HAP emission rate. The

emission rate of TOC (minus methane

and ethane) (ETOC) and/or the emission

rate of total organic HAP (EHAP) in the

process vent as required by the TRE

index value equation specified in

paragraph (h) of this section, shall be

calculated using Equation 64.3 of this

section:

E K C M Q Eq j j

j

n

= s











 =

2 ∑

1

( . 64-3)

Where:

E = Emission rate of TOC (minus

methane and ethane) (ETOC) or

emission rate of total organic HAP

(EHAP) in the sample, kilograms per

hour.

K2 = Constant, 2.494 × 10¥6 (parts per

million) (gram-mole per standard

cubic meter) (kilogram per gram)

(minutes per hour), where standard

temperature for (gram-mole per

standard cubic meter) is 20 °C.

n = Number of components in the

sample.

Cj = Concentration on a dry basis of

organic compound j in parts per

million as measured by Method 18

of appendix A of 40 CFR part 60 as

indicated in paragraph (c) of this

section. If the TOC emission rate is

being calculated, Cj includes all

organic compounds measured

minus methane and ethane; if the

total organic HAP emission rate is

being calculated, only organic HAP

compounds are included.

Mj = Molecular weight of organic

compound j, gram/gram-mole.

Qs = Process vent flow rate, dry standard

cubic meter per minute, at a

temperature of 20 °C.

(g) Halogenated vent determination.

In order to determine whether a process

vent is halogenated, the mass emission

rate of halogen atoms contained in

organic compounds shall be calculated

according to the procedures specified in

paragraphs (g)(1) and (2) of this section.

A process vent is considered

halogenated if the mass emission rate of

halogen atoms contained in the organic

compounds is equal to or greater than

0.45 kilogram per hour (0.99 pound per

hour).

(1) The process vent concentration of

each organic compound containing

halogen atoms (parts per million by

volume, by compound) shall be

determined based on one of the

following procedures:

(i) Process knowledge that no halogen

or hydrogen halides are present in the

process vent; or

(ii) Applicable engineering

assessment as discussed in paragraph

(i)(3) of this section; or

(iii) Concentration of organic

compounds containing halogens

measured by Method 18 of appendix A

of 40 CFR part 60; or

(iv) Any other method or data that

have been validated according to the

applicable procedures in Method 301 of

appendix A of 40 CFR part 63.

(2) Equation 64–4 of this section shall

be used to calculate the mass emission

rate of halogen atoms:

E K Q C L i M i Eq j

i

m

j j

j

n

= ∗∗ 









 = =

2 ∑∑

1 1

, , ( . 64-4)

Where:

E = Mass of halogen atoms, dry basis,

kilogram per hour.

K2 = Constant, 2.494 × 10¥ 6 (parts per

million)¥1 (kilogram-mole per

standard cubic meter) (minute per

hour), where standard temperature

is 20 °C.

Q = Flow rate of gas stream, dry

standard cubic meters per minute,

determined according to paragraph

(d) or (i) of this section.

n = Number of halogenated compounds

j in the gas stream.

j = Halogenated compound j in the gas

stream.

m = Number of different halogens i in

each compound j of the gas stream.

i = Halogen atom i in compound j of the

gas stream.

Cj = Concentration of halogenated

compound j in the gas stream, dry

basis, parts per million by volume.

Lji = Number of atoms of halogen i in

compound j of the gas stream.

Mji = Molecular weight of halogen atom

i in compound j of the gas stream,

kilogram per kilogram-mole.

(h) TRE index value. The owner or

operator shall calculate the TRE index

value of the process vent using the

equations and procedures specified in

paragraphs (h)(1) through (3) of this

section, as applicable, and shall

maintain the records specified in

§ 65.66(a) or § 65.66(d)(4), as applicable.

(1) TRE index value equation.

Equation 64–5 of this section shall be

used to calculate the TRE index:

TRE A B C D E F =∗ ++++ [ ] (Eq. 64-5)

Where:

TRE = TRE index value.

A, B, C, D, E, and F = Parameters

presented in tables 2 and 3 of this

subpart that include the following

variables:

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78311

Q = Process vent flow rate, standard

cubic meters per minute, at a

standard temperature of 20 °C, as

calculated according to paragraph

(d) or (i) of this section.

H = Process vent net heating value,

megajoules per standard cubic

meter, as calculated according to

paragraph (e) or (i) of this section.

ETOC = Emission rate of TOC (minus

methane and ethane), kilograms per

hour, as calculated according to

paragraph (f) or (i) of this section.

EHAP = Emission rate of total organic

HAP, kilograms per hour, as

calculated according to paragraph

(f) or (i) of this section.

(2) Nonhalogenated process vents.

The owner or operator of a

nonhalogenated process vent shall

calculate the TRE index value using

either one of the following procedures,

as applicable:

(i) TRE calculations: Part 60 regulated

sources. Use the parameters in table 2 to

this subpart and calculate the TRE index

value twice, once using the appropriate

equation (depending on the heating

value and flow rate of the process vent)

in equations 15 through 30 and once

using the appropriate equation

(depending on the heating value of the

process vent) in equations 31 and 32.

Select the lowest TRE index value.

(ii) TRE calculations: Part 63

regulated sources. Use the equation and

parameters in table 3 to this subpart and

calculate the TRE index value using

equations 34, 35, and 36 for process

vents at existing sources; or equations

38, 39, and 40 for process vents at new

sources. Select the lowest TRE index

value.

(3) Halogenated process vents. The

owner or operator of a halogenated

process vent stream as determined

according to procedures specified in

paragraph (g) of this section shall

calculate the TRE index value using

either one of the following procedures,

as applicable:

(i) TRE Calculations: Part 60

regulated sources. Use the parameters in

table 2 to this subpart and calculate the

TRE index value using the appropriate

equation chosen from equations 1

through 14 depending on the heating

value and flow rate of the process vent.

(ii) TRE calculations: Part 63

regulated sources. Use the appropriate

parameters in table 3 to this subpart and

calculate the TRE index value using

equation 33 or 37 depending on whether

the process vent is at a new or existing

source.

(i) Engineering assessment. For

purposes of TRE index value

determination, engineering assessment

may be used to determine process vent

flow rate, net heating value, TOC

emission rate, and total organic HAP

emission rate for the representative

operating condition expected to yield

the lowest TRE index value. Engineering

assessments shall meet the requirements

of paragraphs (i)(1) through (4) of this

section. If process vent flow rate or

process vent organic HAP or TOC

concentration is being determined for

comparison with the 0.011 scmm (0.40

standard cubic foot) flow rate or the

applicable concentration value in table

1 to this subpart, engineering

assessment may be used to determine

the flow rate or concentration for the

representative operating condition

expected to yield the highest flow rate

or concentration.

(1) If the TRE index value calculated

using such engineering assessment and

the TRE index value equation in

paragraph (h) of this section is greater

than 4.0, then the owner or operator is

not required to perform the

measurements specified in paragraphs

(c) through (g) of this section.

(2) If the TRE index value calculated

using such engineering assessment and

the TRE index value equation in

paragraph (h) of this section is less than

or equal to 4.0, then the owner or

operator is required either to perform

the measurements specified in

paragraphs (c) through (g) of this section

for group determination or to consider

the process vent a Group 1 process vent

and comply with the requirement (or

standard) specified in § 65.63(a) and, if

applicable, § 65.63(b).

(3) Engineering assessment includes,

but is not limited to, the examples

specified in paragraphs (i)(3)(i) through

(iv) of this section.

(i) Previous test results provided the

tests are representative of current

operating practices at the process unit.

(ii) Bench-scale or pilot-scale test data

representative of the process under

representative operating conditions.

(iii) Maximum flow rate, TOC

emission rate, organic HAP emission

rate, organic HAP or TOC concentration,

or net heating value limit specified or

implied within a permit limit applicable

to the process vent.

(iv) Design analysis based on accepted

chemical engineering principles,

measurable process parameters, or

physical or chemical laws or properties.

Examples of analytical methods include,

but are not limited to, the following

examples:

(A) Use of material balances based on

process stoichiometry to estimate

maximum TOC or organic HAP

concentrations;

(B) Estimation of maximum flow rate

based on physical equipment design

such as pump or blower capacities;

(C) Estimation of TOC or organic HAP

concentrations based on saturation

conditions; and

(D) Estimation of maximum expected

net heating value based on the stream

concentration of each organic

compound or, alternatively, as if all

TOC in the stream were the compound

with the highest heating value.

(4) All data, assumptions, and

procedures used in the engineering

assessment shall be documented. The

owner or operator shall maintain the

records specified in § 65.66(a), (b), (c),

or (d), as applicable.

§ 65.65 Monitoring.

(a) An owner or operator of a Group

2A process vent maintaining a TRE

index value greater than 1.0 without a

recovery device shall monitor based on

the approved plan as specified in

§ 65.63(d).

(b) As required in § 65.63(a) and (c),

an owner or operator of a Group 2A

process vent maintaining a TRE index

value greater than 1.0 with a recovery

device or a Group 1 process vent shall

comply with § 65.142(b).

§ 65.66 Recordkeeping provisions.

(a) TRE index value records. The

owner or operator shall maintain

records of measurements, engineering

assessments, and calculations

performed to determine the TRE index

value of the process vent according to

the procedures of § 65.64(h), including

those records associated with halogen

vent stream determination.

Documentation of engineering

assessments shall include all data,

assumptions, and procedures used for

the engineering assessments, as

specified in § 65.64(i). As specified in

§ 65.67(a), the owner or operator shall

include this information in the Initial

Compliance Status Report.

(b) Flow rate records. Each owner or

operator who elects to demonstrate that

a process vent is Group 2B based on a

flow rate less than 0.011 standard cubic

meter per minute (0.40 standard cubic

foot per minute) shall record the flow

rate as measured using the sampling site

and flow rate determination procedures

specified in § 65.64(b) and (d) or

determined through engineering

assessment as specified in § 65.64(i). As

specified in § 65.67(a), the owner or

operator shall include this information

in the Initial Compliance Status Report.

(c) Concentration records. Each owner

or operator who elects to demonstrate

that a process vent is Group 2B based

on a concentration less than the

78312 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

applicable criteria in table 1 to this

subpart shall record the organic HAP or

TOC concentration as measurement

using the sampling site and HAP or TOC

concentration determination procedures

specified in § 65.64(b) and (c) or

determined through engineering

assessment as specified in § 65.64(i). As

specified in § 65.67(a), the owner or

operator shall include this information

in the Initial Compliance Status Report.

(d) Process change records. The

owner or operator shall keep up-to-date,

readily accessible records as specified in

the following and shall report this

information as specified in § 65.67(b):

(1) If the process vent is Group 2B on

the basis of flow rate being less than

0.011 scmm (0.40 standard cubic foot),

then the owner or operator shall keep

records of any process changes as

defined in § 65.63(f) that increase the

process vent flow rate and any

recalculation or measurement of the

flow rate pursuant to § 65.63(f).

(2) If the process vent is Group 2B on

the basis of organic HAP or TOC

concentration being less than the

applicable value in table 1 to this

subpart, then the owner or operator

shall keep records of any process

changes as defined in § 65.63(f) that

increase the organic HAP or TOC

concentration of the process vent and

any recalculation or measurement of the

concentration pursuant to § 65.63(f).

(3) If the process vent is Group 2A or

Group 2B on the basis of the TRE index

value being greater than 1.0, then the

owner or operator shall keep records of

any process changes as defined in

§ 65.63(f) and any recalculation of the

TRE index value pursuant to § 65.63(f).

(4) As a result of a process change, if

a process vent that was Group 2B on any

basis becomes a Group 2B process vent

only on the basis of having a TRE

greater than 4.0, then the owner or

operator shall keep records of the TRE

index value determination performed

according to the sample site and TRE

index value determination procedures

of § 65.64(b)(1) and (h) or determined

through engineering assessment as

specified in § 65.64(i).

(e) Other Group 2A records. An owner

or operator of a Group 2A process vent

maintaining a TRE index value greater

than 1.0 without a recovery device shall

record the parameters monitored based

on the approved plan as specified in

§ 65.63(d).

§ 65.67 Reporting provisions.

(a) Initial compliance status report.

The owner or operator shall submit as

part of the Initial Compliance Status

Report specified in § 65.5(d) the

information recorded in § 65.66(a), (b),

and (c), as applicable.

(b) Process change. (1) Whenever a

process change, as described in

§ 65.63(f), is made that causes a Group

2A or 2B process vent to become a

Group 1 process vent or a Group 2B

process vent to become a Group 2A

process vent, the owner or operator

shall either submit a report within 60

days after the performance test or group

determination or submit a report

included as part of the next periodic

report. The report shall include the

following information:

(i) A description of the process

change;

(ii) The results of the recalculation of

the flow rate, organic HAP or TOC

concentration, and/or TRE index value

required under § 65.63(f) and recorded

under § 65.66(d); and

(iii) A statement that the owner or

operator will comply with the

provisions of § 65.63 by the schedules

specified in § 65.63(f)(4) through (6).

(2) For process vents that become

Group 1 process vents after a process

change requiring a performance test to

be conducted for the control device

being used as specified in subpart G of

this part, the owner or operator shall

specify that the performance test has

become necessary due to a process

change. This specification shall be made

in the notification to the Administrator

of the intent to conduct a performance

test as provided in § 65.164(b)(1).

(3) Whenever a process change as

described in § 65.63(f) is made that

changes the group status of a process

vent from Group 1 to Group 2A, or from

Group 1 to Group 2B, or from Group 2A

to Group 2B, the owner or operator shall

include a statement in the next periodic

report after the process change that a

process change has been made and the

new group status of the process vents.

(4) The owner or operator is not

required to submit a report of a process

change if one of the following

conditions is met:

(i) The change does not meet the

definition of a process change in

§ 65.63(f); or

(ii) For a Group 2B process vent, the

vent stream flow rate is recalculated

according to § 65.63(f) and the

recalculated value is less than 0.011

standard cubic meter per minute (0.40

standard cubic foot per minute); or

(iii) For a Group 2B process vent, the

organic HAP or TOC concentration of

the vent stream is recalculated

according to § 65.63(f), and the

recalculated value is less than the

applicable value in table 1 to this

subpart; or

(iv) For a Group 2B process vent, the

TRE index value is recalculated

according to § 65.63(f) and the

recalculated value is greater than 4.0.

(c) Parameters for Group 2A without

a recovery device. An owner or operator

of a Group 2A process vent maintaining

a TRE index value greater than 1.0

without using a recovery device shall

report the information specified in the

approved plan under § 65.63(d).

§§ 65.68–65.79 [Reserved]

TABLE 1 TO SUBPART D OF PART

65.—CONCENTRATION FOR GROUP

DETERMINATION

Referencing subpart Concentration 1

Subpart III of Part 60 ........ NA.

Subpart NNN of Part 60 ... 300 ppmv of

TOC.

Subpart RRR of Part 60 ... 300 ppmv of

TOC.

Subpart G of Part 63 ........ 50 ppmv of

HAP2.

1The 50 ppm HAP concentration cutoff only

applies to 40 CFR part 63, subpart G sources.

Process vents subject to only 40 CFR part 60,

subparts RRR or NNN are eligible for the 300

ppm TOC cutoff. There is no concentration

cutoff for subpart III sources. The process vent

provisions of subpart DDD are not consolidated under this subpart. 2For process vents subject to subpart G of

40 CFR part 63, the owner or operator may

measure HAP or TOC concentration with regard to the low concentration exemption provisions of this part.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78313

TABLE 2 TO

SUBPART D OF

PART 65.—TRE PARAMETERS FOR NSPS REFERENCING

SUBPARTSa

Halogenated vent stream?

Net heating

value

(MJ/scm)b

Vent stream flow rate

(scm/min)c

Values of terms for TRE equation: TRE=A * [ B + C + D + E + F ] Equation

number AB C D E F

Yes ................................................................................... 0≤ H ≤3.5 Q <14.2 1/ETOC 30.96334 0 0 ¥0.13064QH 0 1

14.2≤ Q ≤18.8 1/ETOC 19.18370 0.27580Q 0.757620Q0.88 ¥0.13064QH 0.01025Q0.5 218.8< Q ≤699 1/ETOC 20.00563 0.27580Q 0.303870Q0.88 ¥0.13064QH 0.01025Q0.5 3699< Q ≤1400 1/ETOC 39.87022 0.29973Q 0.303870Q0.88 ¥0.13064QH 0.01449Q0.5 41400< Q ≤2100 1/ETOC 59.73481 0.31467Q 0.303870Q0.88 ¥0.13064QH 0.01775Q0.5 52100< Q ≤2800 1/ETOC 79.59941 0.32572Q 0.303870Q0.88 ¥0.13064QH 0.02049Q0.5 62800< Q ≤3500 1/ETOC 99.46400 0.33456Q 0.303870Q0.88 ¥0.13064QH 0.02291Q0.5 7

H >3.5 Q <14.2 1/ETOC 20.61052 0 0 0 0 8

14.2≤ Q ≤18.8 1/ETOC 18.84466 0.26742Q ¥0.200440Q0.88 0 0.01025Q0.5 918.8< Q ≤699 1/ETOC 19.66658 0.26742Q ¥0.253320Q0.88 0 0.01025Q0.5 10699< Q ≤1400 1/ETOC 39.19213 0.29062Q ¥0.253320Q0.88 0 0.01449Q0.5 111400< Q ≤2100 1/ETOC 58.71768 0.30511Q ¥0.253320Q0.88 0 0.01775Q0.5 122100< Q ≤2800 1/ETOC 78.24323 0.31582Q ¥0.253320Q0.88 0 0.02049Q0.5 132800< Q ≤3500 1/ETOC 97.76879 0.32439Q ¥0.253320Q0.88 0 0.02291Q0.5 14

No .................................................................................... 0≤ H ≤0.48 Q <14.2 1/ETOC 11.01250 0 0 ¥0.17109QH 0 15

14.2≤ Q ≤1340 1/ETOC 8.54245 0.10555Q 0.090300Q0.88 ¥0.17109QH 0.01025Q0.5 161340< Q ≤2690 1/ETOC 16.94386 0.11470Q 0.090300Q0.88 ¥0.17109QH 0.01449Q0.5 172690< Q ≤4040 1/ETOC 25.34528 0.12042Q 0.090300Q0.88 ¥0.17109QH 0.01775Q0.5 18

0.48< H ≤1.9 Q <14.2 1/ETOC 13.45630 0 0 ¥0.16181QH 0 19

14.2≤ Q ≤1340 1/ETOC 9.25233 0.06105Q 0.319370Q0.88 ¥0.16181QH1 0.01025Q0.5 201340< Q ≤2690 1/ETOC 18.36363 0.06635Q 0.319370Q0.88 ¥0.16181QH 0.01449Q0.5 212690< Q ≤4040 1/ETOC 27.47492 0.06965Q 0.319370Q0.88 ¥0.16181QH 0.01775Q0.5 22

1.9< H ≤3.6 Q <14.2 1/ETOC 7.96988 0 0 0 0 23

14.2≤ Q ≤1180 1/ETOC 6.67868 0.06943Q 0.025820Q0.88 0 0.01025Q0.5 241180< Q ≤2370 1/ETOC 13.21633 0.07546Q 0.025820Q0.88 0 0.01449Q0.5 252370< Q ≤3550 1/ETOC 19.75398 0.07922Q 0.025820Q0.88 0 0.01775Q0.5 26

H >3.6 Q <14.2 1/ETOC 6.67868 0 0.02220Q0.88H0.88 ¥0.00707QH 0.02036H0.5 27

Q ≥14.2 and14.2≤ Q*(H/3.6) ≤1180

1/ETOC 6.67868 0 0.02220Q0.88H0.88 ¥0.00707QH 0.00540Q0.5H0.5 28

Q ≥14.2 and1180< Q*(H/3.6) ≤2370

1/ETOC 13.21633 0 0.02412Q0.88H0.88 ¥0.00707QH 0.00764Q0.5H0.5 29

Q ≥14.2 and2370< Q*(H/3.6) ≤3550

1/ETOC 19.75398 0 0.02533Q0.88H0.88 ¥0.00707QH 0.00936Q0.5H0.5 30

No .................................................................................... 0≤ H <11.2 All 1/ETOC 2.08 2.25Q 0.288Q0.8 ¥0.193QH ¥0.0051ETOC 31

H ≥11.2 All 1/ETOC 2.08 0.309Q 0.0619Q0.8 ¥0.0043QH ¥0.0043ETOC 32

a Use according to procedures outlined in § 65.64(h).b MJ/scm = mega Joules per standard cubic meter.c scm/min = standard cubic meters per minute.

78314 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

TABLE 3 TO SUBPART D OF PART 65.—TRE PARAMETERS FOR HON REFERENCING SUBPARTSa

Existing or new? Halogenated

vent stream?

Values of terms for TRE equation: TRE = A * [ B + C + D + E + F ]

ABC D E F Equation

number

Existing ......................................................... Yes ............... 1/EHAP 3.995 0.05200Q 0 ¥0.001769H 0.0009700ETOC 33

No ................. 1/EHAP 1.935 0.3660Q 0 ¥0.007687H ¥0.000733ETOC 34

1/EHAP 1.492 0.06267Q 0 0.03177H ¥0.001159ETOC 35

1/EHAP 2.519 0.01183Q 0 0.01300H 0.04790ETOC 36

New .............................................................. Yes ............... 1/EHAP 1.0895 0.01417Q 0 ¥0.000482H 0.0002645ETOC 37

No ................. 1/EHAP 0.5276 0.0998Q 0 ¥0.002096H ¥0.0002000ETOC 38

1/EHAP 0.4068 0.0171Q 0 0.008664H ¥0.000316ETOC 39

1/EHAP 0.6868 0.00321Q 0 0.003546H 0.01306ETOC 40

a Use according to procedures outlined in § 65.64(h).

Subpart E—Transfer Racks

§ 65.80 Applicability.

(a) The provisions of this subpart and

of subpart A of this part apply to control

of regulated material emissions from

transfer racks where a referencing

subpart references the use of this

subpart for such emissions control.

(b) If a physical or process change is

made that causes a transfer rack to fall

outside the criteria in the referencing

subpart that required the transfer rack to

control emission of regulated material,

the owner or operator may elect to

comply with the provisions for transfer

racks not subject to control contained in

the referencing subpart instead of the

provisions of this subpart.

§ 65.81 Definitions.

All terms used in this subpart shall

have the meaning given them in the Act

and in subpart A of this part. If a term

is defined in both subpart A of this part

and in other subparts that reference the

use of this subpart, the term shall have

the meaning given in subpart A of this

part for purposes of this subpart.

§ 65.82 Design requirements.

(a) The owner or operator shall equip

each transfer rack with either one of the

following equipment:

(1) A closed vent system which routes

the regulated material vapors to a

control device as provided in

§ 65.83(a)(1) and (2).

(2) Process piping which routes the

regulated material vapors to a process or

a fuel gas system as provided in

§ 65.83(a)(4), or to a vapor balance

system as provided in § 65.83(a)(3).

(b) Each closed vent system shall be

designed to collect the regulated

material displaced from tank trucks or

railcars during loading and to route the

collected regulated material to a control

device as provided in § 65.83(a)(1) and

(2).

(c) Process piping shall be designed to

collect the regulated material displaced

from tank trucks or railcars during

loading and to route the collected

regulated material vapors to a process or

a fuel gas system as provided in

§ 65.83(a)(4), or to a vapor balance

system as provided in § 65.83(a)(3).

(d) Each closed vent system shall

meet the applicable requirements of

§ 65.143.

(e) If the collected regulated material

vapors are routed to a process or a fuel

gas system as provided in § 65.83(a)(4),

then each owner or operator shall meet

the applicable requirements of

§ 65.142(c).

§ 65.83 Performance requirements.

(a) The owner or operator of the

transfer rack shall comply with

paragraph (a)(1), (2), (3), or (4) of this

section.

(1) 98 Percent or 20 parts per million

by volume standard. Use a control

device to reduce emissions of regulated

material by 98 weight-percent or to an

exit concentration of 20 parts per

million by volume, whichever is less

stringent. For combustion devices, the

emission reduction or concentration

shall be calculated on a dry basis,

corrected to 3 percent oxygen. The

owner or operator shall meet the

applicable requirements of § 65.142(c).

Compliance may be achieved by using

any combination of control devices.

(2) Flare. Reduce emissions of

regulated material using a flare meeting

the applicable requirements of

§ 65.142(c).

(3) Vapor balancing. Reduce

emissions of regulated material using a

vapor balancing system designed and

operated to collect regulated material

vapors displaced from tank trucks or

railcars during loading; and to route the

collected regulated material vapors to

the storage vessel from which the liquid

being loaded originated, or to another

storage vessel connected to a common

header, or to compress and route

collected regulated material vapors to a

process. Transfer racks for which the

owner or operator is using a vapor

balancing system are exempt from the

closed vent system design requirements

of § 65.82(b) and (d), the halogenated

vent stream control requirements of

paragraph (b) of this section, the control

device operation requirements of

§ 65.84(b), the monitoring requirements

of § 65.86, and the requirements of

subpart G of this part.

(4) Route to a process or fuel gas

system. Route emissions of regulated

material to a process or fuel gas system.

The owner or operator shall meet the

applicable requirements of § 65.142(c)

and is exempt from the closed vent

system design requirements of

paragraphs § 65.82(b) and (d), the

halogenated vent stream control

requirements of paragraph (b) of this

section, the control device operation

requirements of § 65.84(b), and the

monitoring requirements of § 65.86. If

the emissions are routed to a process,

the regulated material in the emissions

shall predominantly meet one of, or a

combination of, the ends specified in

the following:

(i) Recycled and/or consumed in the

same manner as a material that fulfills

the same function in that process;

(ii) Transformed by chemical reaction

into materials that are not regulated

materials;

(iii) Incorporated into a product; and/

or

(iv) Recovered.

(b) Additional control requirements

for halogenated vent streams.

Halogenated vent streams from transfer

racks that are combusted shall be

controlled according to paragraph (b)(1)

or (2) of this section. The owner or

operator shall either designate the

transfer rack vent stream as a

halogenated vent stream or shall

determine whether the vent stream is

halogenated using the procedures

specified in § 65.85(c). If determined,

the halogen concentration in the vent

stream shall be recorded and reported in

the Initial Compliance Status Report as

specified in § 65.160(d). If the owner or

operator designates the vent stream as a

halogenated vent stream, then this shall

also be recorded and reported in the

Initial Compliance Status Report.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78315

(1) Halogen reduction device

following combustion. If a combustion

device is used to comply with paragraph

(a)(1) of this section for a halogenated

vent stream, then the vent stream

exiting the combustion device shall be

ducted to a halogen reduction device

including, but not limited to, a scrubber

before it is discharged to the

atmosphere, and the halogen reduction

device shall meet the requirements of

paragraph (b)(1)(i) or (ii) of this section,

as applicable. The halogenated vent

stream shall not be combusted using a

flare.

(i) Except as provided in paragraph

(b)(1)(ii) of this section, the halogen

reduction device shall reduce overall

emissions of hydrogen halides and

halogens by 99 percent or shall reduce

the outlet mass emission rate of total

hydrogen halides and halogens to 0.45

kilogram per hour (0.99 pound per hour)

or less, whichever is less stringent. The

owner or operator shall meet the

applicable requirements of § 65.142(c).

(ii) If a scrubber or other halogen

reduction device was installed prior to

December 31, 1992, the halogen

reduction device shall reduce overall

emissions of hydrogen halides and

halogens by 95 percent or shall reduce

the outlet mass of total hydrogen halides

and halogens to less than 0.45 kilogram

per hour (0.99 pound per hour),

whichever is less stringent. The owner

or operator shall meet the applicable

requirements of § 65.142(c).

(2) Halogen reduction device prior to

combustion. A halogen reduction

device, such as a scrubber, or other

technique may be used to make the vent

stream nonhalogenated by reducing the

vent stream halogen atom mass

emission rate to less than 0.45 kilogram

per hour (0.99 pound per hour) prior to

any combustion control device used to

comply with the requirements of

paragraph (a)(1) or (2) of this section.

The mass emission rate of halogen

atoms contained in organic compounds

prior to the combustor shall be

determined according to the procedures

in § 65.85(c). The owner or operator

shall maintain the record specified in

§ 65.160(d) and submit the report

specified in § 65.165(d).

§ 65.84 Operating requirements.

(a) Closed vent systems or process

piping. An owner or operator of a

transfer rack shall operate it in such a

manner that emissions are routed

through the equipment specified in

either paragraph (a)(1) or (2) of this

section.

(1) A closed vent system which routes

the regulated material vapors to a

control device as provided in

§ 65.83(a)(1) and (2).

(2) Process piping which routes the

regulated material vapors to a process or

a fuel gas system as provided in

§ 65.83(a)(4) or to a vapor balance

system as provided in § 65.83(a)(3).

(b) Control device operation.

Whenever regulated material emissions

are vented to a control device used to

comply with the provisions of this

subpart, such control device shall be

operating.

(c) Tank trucks and railcars. The

owner or operator shall load regulated

material only into tank trucks and

railcars that meet one of the following

two requirements and shall maintain the

records specified in § 65.87:

(1) Have a current certification in

accordance with the U.S. Department of

Transportation (DOT) pressure test

requirements of 49 CFR part 180 for

tank trucks and 49 CFR 173.31 for

railcars; or

(2) Have been demonstrated to be

vapor-tight within the preceding 12

months as determined by the

procedures in § 65.85(a). Vapor-tight

means that the pressure in a truck or

railcar tank will not drop more than 750

pascals (0.11 pound per square inch)

within 5 minutes after it is pressurized

to a minimum of 4,500 pascals (0.65

pound per square inch).

(d) Pressure relief device. The owner

or operator of a transfer rack subject to

the provisions of this subpart shall

ensure that no pressure relief device in

the loading equipment of each tank

truck or railcar shall begin to open to

the atmosphere during loading. Pressure

relief devices needed for safety purposes

are not subject to paragraph (d) of this

section.

(e) Compatible system. The owner or

operator of a transfer rack subject to the

provisions of this subpart shall load

regulated material only to tank trucks or

railcars equipped with a vapor

collection system that is compatible

with the transfer rack’s closed vent

system or process piping.

(f) Loading while systems connected.

The owner or operator of a transfer rack

subject to this subpart shall load

regulated material only to tank trucks or

railcars whose collection systems are

connected to the transfer rack’s closed

vent systems or process piping.

§ 65.85 Procedures.

(a) Vapor tightness. For the purposes

of demonstrating vapor tightness to

determine compliance with

§ 65.84(c)(2), the following procedures

and equipment shall be used:

(1) The pressure test procedures

specified in Method 27 of appendix A

of 40 CFR part 60; and

(2) A pressure measurement device

that has a precision of ±2.5 millimeters

of mercury (0.10 inch) or better and that

is capable of measuring above the

pressure at which the tank truck or

railcar is to be tested for vapor tightness.

(b) Engineering assessment.

Engineering assessment to determine if

a vent stream is halogenated or flow rate

of a gas stream includes, but is not

limited to, the following examples:

(1) Previous test results, provided the

tests are representative of current

operating practices at the process unit.

(2) Bench-scale or pilot-scale test data

representative of the process under

representative operating conditions.

(3) Maximum flow rate or halogen

emission rate specified or implied

within a permit limit applicable to the

process vent.

(4) Design analysis based on accepted

chemical engineering principles,

measurable process parameters, or

physical or chemical laws or properties.

(5) All data, assumptions, and

procedures used in the engineering

assessment shall be documented.

(c) Halogenated vent stream

determination. In order to determine

whether a vent stream is halogenated,

the mass emission rate of halogen atoms

contained in organic compounds shall

be calculated as specified in paragraphs

(c)(1) and (2) of this section.

(1) The vent stream concentration of

each organic compound containing

halogen atoms (parts per million by

volume by compound) shall be

determined based on any of the

following procedures:

(i) Process knowledge that no halogen

or hydrogen halides are present in the

vent stream; or

(ii) Applicable engineering

assessment as specified in paragraph (b)

of this section; or

(iii) Concentration of organic

compounds containing halogens

measured by Method 18 of appendix A

of 40 CFR part 60; or

(iv) Any other method or data that

have been validated according to the

applicable procedures in Method 301 of

appendix A of 40 CFR part 63.

(2) Equation 85–1 of this section shall

be used to calculate the mass emission

rate of halogen atoms:

78316 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

E KV C L M s j ji

i

m

ji

j

n

= ∗∗ 









 = =

2 ∑∑

1 1

(Eq. 85-1)

Where:

E = Mass of halogen atoms, dry basis,

kilograms per hour.

K2 = Constant, 2.494 × 10¥6 (parts per

million)¥1 (kilogram-mole per

standard cubic meter) (minute/

hour), where standard temperature

is 20° C.

Vs = Flow rate of gas stream, dry

standard cubic meters per minute,

determined according to Method 2,

2A, 2C, or 2D of appendix A of 40

CFR part 60, as appropriate, or

determined using engineering

assessment as specified in

paragraph (b) of this section.

n = Number of halogenated compounds

j in the gas stream.

j = Halogenated compound j in the gas

stream.

m = Number of different halogens i in

each compound j of the gas stream.

i = Halogen atom i in compound j of the

gas stream.

Cj = Concentration of halogenated

compound j in the gas stream, dry

basis, parts per million by volume.

Lji = Number of atoms of halogen i in

compound j of the gas stream.

Mji = Molecular weight of halogen atom

i in compound j of the gas stream,

kilogram per kilogram-mole.

§ 65.86 Monitoring.

The owner or operator of a transfer

rack equipped with a closed vent system

and control device pursuant to

§ 65.83(a)(1) or (2) shall monitor the

closed vent system and control device

as required under the applicable

paragraphs specified in § 65.142(c).

§ 65.87 Recordkeeping provisions.

The owner or operator of a transfer

rack shall record that either the

verification of U.S. Department of

Transportation (DOT) tank certification

or Method 27 of appendix A of 40 CFR

part 60 testing required in § 65.84(c) has

been performed. Various methods for

the record of verification can be used,

such as a check off on a log sheet, a list

of DOT serial numbers or Method 27

data, or a position description for gate

security showing that the security guard

will not allow any trucks on-site that do

not have the appropriate

documentation.

§§ 65.88–65.99 [Reserved]

Subpart F—Equipment Leaks

§ 65.100 Applicability.

(a) Equipment subject to this subpart.

The provisions of this subpart and

subpart A of this part apply to

equipment that contains or contacts

regulated material. Compliance with

this subpart instead of the referencing

subpart does not alter the applicability

of the referencing subpart. This subpart

applies only to the equipment to which

the referencing subpart applies. This

part does not extend applicability to

equipment that is not regulated by the

referencing subpart.

(b) Equipment in vacuum service.

Equipment in vacuum service is

excluded from the requirements of this

subpart.

(c) Equipment in service less than 300

hours per calendar year. Equipment

intended to be in regulated material

service less than 300 hours per calendar

year is excluded from the requirements

of §§ 65.106 through 65.115 and

§ 65.117 if it is identified as required in

§ 65.103(b)(6).

(d) Lines and equipment not

containing process fluids. Lines and

equipment not containing process fluids

are not subject to the provisions of this

subpart. Utilities and other nonprocess

lines, such as heating and cooling

systems that do not combine their

materials with those in the processes

they serve, are not considered to be part

of a process unit.

§ 65.101 Definitions.

All terms used in this subpart shall

have the meaning given them in the Act

and in subpart A of this part. If a term

is defined in both subpart A of this part

and in other subparts that reference the

use of this subpart, the term shall have

the meaning given in subpart A of this

part for purposes of this subpart.

§ 65.102 Alternative means of emission

limitation.

(a) Performance standard exemption.

The provisions of paragraph (b) of this

section do not apply to the performance

standards of § 65.111(b) for pressure

relief devices or § 65.112(f) for

compressors operating under the

alternative compressor standard.

(b) Requests by owners or operators.

An owner or operator may request a

determination of alternative means of

emission limitation to the requirements

of §§ 65.106 through 65.115 as provided

in paragraph (d) of this section. If the

Administrator makes a determination

that a means of emission limitation is a

permissible alternative, the owner or

operator shall either comply with the

alternative or comply with the

requirements of §§ 65.106 through

65.115.

(c) Requests by manufacturers of

equipment. (1) Manufacturers of

equipment used to control equipment

leaks of a regulated material may apply

to the Administrator for approval of an

alternative means of emission limitation

that achieves a reduction in emissions

of the regulated material equivalent to

the reduction achieved by the

equipment, design, and operational

requirements of this subpart.

(2) The Administrator will grant

permission according to the provisions

of paragraph (d) of this section.

(d) Permission to use an alternative

means of emission limitation.

Permission to use an alternative means

of emission limitation shall be governed

by the procedures in paragraph (d)(1)

through (4) of this section.

(1) Where the standard is an

equipment, design, or operational

requirement, the following requirements

apply:

(i) Each owner or operator applying

for permission to use an alternative

means of emission limitation shall be

responsible for collecting and verifying

emission performance test data for an

alternative means of emission

limitation.

(ii) The Administrator will compare

test data for the means of emission

limitation to test data for the equipment,

design, and operational requirements.

(iii) The Administrator may condition

the permission on requirements that

may be necessary to ensure operation

and maintenance to achieve at least the

same emission reduction as the

equipment, design, and operational

requirements of this subpart.

(2) Where the standard is a work

practice, the following requirements

apply:

(i) Each owner or operator applying

for permission to use an alternative

means of emission limitation shall be

responsible for collecting and verifying

test data for the alternative.

(ii) The owner or operator shall

demonstrate the emission reduction

achieved by the required work practice

and the proposed alternative means of

emission limitation.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78317

(iii) The Administrator will compare

the demonstrated emission reduction for

the alternative means of emission

limitation to the demonstrated emission

reduction for the required work

practices and will consider the

commitment in paragraph (d)(2)(iv) of

this section.

(iv) The Administrator may condition

the permission on requirements that

may be necessary to ensure operation

and maintenance to achieve the same or

greater emission reduction as the

required work practices of this subpart.

(3) An owner or operator may offer a

unique approach to demonstrate the

alternative means of emission

limitation.

(4) If in the judgment of the

Administrator an alternative means of

emission limitation will be approved,

the Administrator will publish a notice

of the determination in the Federal

Register using the procedures pursuant

to § 65.8(a).

§ 65.103 Equipment identification.

(a) General equipment identification.

Equipment subject to this subpart shall

be identified. Identification of the

equipment does not require physical

tagging of the equipment. For example,

the equipment may be identified on a

plant site plan, in log entries, by

designation of process unit boundaries,

by some form of weatherproof

identification, or by other appropriate

methods.

(b) Additional equipment

identification. In addition to the general

identification required by paragraph (a)

of this section, equipment subject to any

of the provisions in §§ 65.106 through

65.115 shall be specifically identified as

required in paragraphs (b)(1) through (6)

of this section, as applicable. Paragraph

(b) of this section does not apply to an

owner or operator of a batch productprocess who elects to pressure test the

batch product-process equipment train

pursuant to § 65.117.

(1) Connectors. Except for

inaccessible, ceramic, or ceramic-lined

connectors meeting the provisions of

§ 65.108(e)(2), and instrumentation

systems identified pursuant to

paragraph (b)(5) of this section, identify

the connectors subject to the

requirements of this subpart. Connectors

subject to § 65.108(e)(3) shall be

distinguished from other connectors.

Connectors need not be individually

identified if all connectors in a

designated area or length of pipe subject

to the provisions of this subpart are

identified as a group, and the number of

connectors subject is indicated. With

respect to connectors, the identification

shall be complete no later than the

completion of the initial survey required

by § 65.108(a).

(2) [Reserved]

(3) Routed to a process or fuel gas

system or equipped with a closed vent

system and control device. Identify the

equipment that the owner or operator

elects to route to a process or fuel gas

system or equip with a closed vent

system and control device under the

provisions of § 65.107(e)(3) (pumps in

light liquid service), § 65.109(e)(3)

(agitators), § 65.111(d) (pressure relief

devices in gas/vapor service),

§ 65.112(e) (compressors), or § 65.118

(alternative means of emission

limitation for enclosed-vented process

units).

(4) Pressure relief devices. Identify the

pressure relief devices equipped with

rupture disks under the provisions of

§ 65.111(e).

(5) Instrumentation systems. Identify

instrumentation systems subject to the

provisions of this subpart. Individual

components in an instrumentation

system need not be identified.

(6) Equipment in service less than 300

hours per calendar year. Identify either

by list, location (area or group), or other

method, equipment in regulated

material service less than 300 hours per

calendar year within a process unit

subject to the provisions of this subpart.

(c) Special equipment designations:

Equipment that is unsafe or difficult-tomonitor. (1) Designation and criteria for

unsafe-to-monitor. Valves meeting the

provisions of § 65.106(e)(1), pumps

meeting the provisions of § 65.107(e)(6),

connectors meeting the provisions of

§ 65.108(e)(1), and agitators meeting the

provisions of § 65.109(e)(7) may be

designated unsafe-to-monitor if the

owner or operator determines that

monitoring personnel would be exposed

to an immediate danger as a

consequence of complying with the

monitoring requirements of this subpart.

(2) Designation and criteria for

difficult-to-monitor. Valves meeting the

provisions of § 65.106(e)(2) may be

designated difficult-to-monitor if the

provisions of paragraph (c)(2)(i) of this

section apply. Agitators meeting the

provisions of § 65.109(e)(5) may be

designated difficult-to-monitor if the

provisions of paragraph (c)(2)(ii) of this

section apply.

(i) Valves. The owner or operator of

the valve: (A) Determines that the valve

cannot be monitored without elevating

the monitoring personnel more than 2

meters (7 feet) above a support surface,

or it is not accessible in a safe manner

when it is in regulated material service,

and the process unit within which the

valve is located is a regulated source for

which the owner or operator

commenced construction,

reconstruction, or modification prior to

the compliance date of the referencing

subpart; or

(B) Designates less than 3 percent of

the total number of valves within the

process unit as difficult-to-monitor.

(ii) Agitators. The owner or operator

determines that the agitator cannot be

monitored without elevating the

monitoring personnel more than 2

meters (7 feet) above a support surface,

or it is not accessible in a safe manner

when it is in regulated material service.

(3) Identification of unsafe or

difficult-to-monitor equipment. The

owner or operator shall record the

identity of equipment designated as

unsafe-to-monitor according to the

provisions of paragraph (c)(1) of this

section and the planned schedule for

monitoring this equipment. The owner

or operator shall record the identity of

equipment designated as difficult-tomonitor according to the provisions of

paragraph (c)(2) of this section, the

planned schedule for monitoring this

equipment, and an explanation why the

equipment is difficult-to-monitor.

(4) Written plan requirements. (i) The

owner or operator of equipment

designated as unsafe-to-monitor

according to the provisions of paragraph

(c)(1) of this section shall have a written

plan that requires monitoring of the

equipment as frequently as practical

during safe-to-monitor times, but not

more frequently than the periodic

monitoring schedule otherwise

applicable, and repair of the equipment

according to the procedures in § 65.105

if a leak is detected.

(ii) The owner or operator of

equipment designated as difficult-tomonitor according to the provisions of

paragraph (c)(2) of this section shall

have a written plan that requires

monitoring of the equipment at least

once per calendar year and repair of the

equipment according to the procedures

in § 65.105 if a leak is detected.

(d) Special equipment designations:

Equipment that is unsafe to repair.—(1)

Designation and criteria. Connectors

subject to the provisions of § 65.105(e)

may be designated unsafe to repair if the

owner or operator determines that repair

personnel would be exposed to an

immediate danger as a consequence of

complying with the repair requirements

of this subpart, and if the connector will

be repaired before the end of the next

process unit shutdown as specified in

§ 63.105(e).

(2) Identification of equipment. The

identity of connectors designated as

unsafe to repair and an explanation why

the connector is unsafe to repair shall be

recorded.

78318 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

(e) Special equipment designations:

Compressors operating with an

instrument reading of less than 500

parts per million. Identify the

compressors that the owner or operator

elects to designate as operating with an

instrument reading of less than 500

parts per million under the provisions

of § 65.112(f).

(f) Special equipment designations:

Equipment in heavy liquid service. The

owner or operator of equipment in

heavy liquid service shall comply with

the requirements of either paragraph

(f)(1) or (2) of this section as provided

in paragraph (f)(3) of this section.

(1) Retain information, data, and

analyses used to determine that a piece

of equipment is in heavy liquid service.

(2) When requested by the

Administrator, demonstrate that the

piece of equipment or process is in

heavy liquid service.

(3) A determination or demonstration

that a piece of equipment or process is

in heavy liquid service shall include an

analysis or demonstration that the

process fluids do not meet the definition

of ‘‘in light liquid service.’’ Examples of

information that could document this

include, but are not limited to, records

of chemicals purchased for the process,

analyses of process stream composition,

engineering calculations, or process

knowledge.

§ 65.104 Instrument and sensory

monitoring for leaks.

(a) Monitoring for leaks. The owner or

operator of a regulated source subject to

this subpart shall monitor regulated

equipment as specified in paragraph

(a)(1) of this section for instrument

monitoring and paragraph (a)(2) of this

section for sensory monitoring.

(1) Instrument monitoring for leaks. (i)

Valves in gas/vapor service and in light

liquid service shall be monitored

pursuant to § 65.106(b).

(ii) Pumps in light liquid service shall

be monitored pursuant to § 65.107(b).

(iii) Connectors in gas/vapor service

and in light liquid service shall be

monitored pursuant to § 65.108(b).

(iv) Agitators in gas/vapor service and

in light liquid service shall be

monitored pursuant to § 65.109(b).

(v) Pressure relief devices in gas/

vapor service shall be monitored

pursuant to § 65.111(b) and (c).

(vi) Compressors designated to

operate with an instrument reading less

than 500 parts per million as described

in § 65.103(e) shall be monitored

pursuant to § 65.112(f).

(2) Sensory monitoring for leaks. (i)

Pumps in light liquid service shall be

observed pursuant to § 65.107(b)(4) and

(e)(1)(v).

(ii) Agitators in gas/vapor service and

in light liquid service shall be observed

pursuant to § 65.109(b)(3) or (e)(1)(v).

(b) Instrument monitoring methods.

Instrument monitoring as required

under this subpart shall comply with

the requirements specified in

paragraphs (b)(1) through (6) of this

section.

(1) Monitoring method. Monitoring

shall comply with Method 21 of

appendix A of 40 CFR part 60, except

as otherwise provided in this section.

(2) Detection instrument performance

criteria. (i) Except as provided for in

paragraph (b)(2)(ii) of this section, the

detection instrument shall meet the

performance criteria of Method 21 of

appendix A of 40 CFR part 60, except

the instrument response factor criteria

in section 3.1.2(a) of Method 21 shall be

for the representative composition of the

process fluid not each individual

organic compound in the stream. For

process streams that contain nitrogen,

air, water, or other inerts that are not

organic hazardous air pollutants or

volatile organic compounds, the

response factor shall be determined on

an inert-free basis. The response factor

may be determined at any concentration

for which monitoring for leaks will be

conducted. Maintain the record

specified by § 65.119(b)(8).

(ii) If no instrument is available at the

plant site that will meet the

performance criteria specified in

paragraph (b)(2)(i) of this section, the

instrument readings may be adjusted by

multiplying by the representative

response factor of the process fluid

calculated on an inert-free basis as

described in paragraph (b)(2)(i) of this

section.

(3) Detection instrument calibration

procedure. The detection instrument

shall be calibrated before use on each

day of its use by the procedures

specified in Method 21 of appendix A

of 40 CFR part 60.

(4) Detection instrument calibration

gas. Calibration gases shall be zero air

(less than 10 parts per million of

hydrocarbon in air) and the gases

specified in paragraph (b)(4)(i) of this

section except as provided in paragraph

(b)(4)(ii) of this section.

(i) Mixtures of methane in air at a

concentration no more than 2,000 parts

per million greater than the leak

definition concentration of the

equipment monitored. If the monitoring

instrument’s design allows for multiple

calibration scales, then the lower scale

shall be calibrated with a calibration gas

that is no higher than 2,000 parts per

million above the concentration

specified as a leak, and the highest scale

shall be calibrated with a calibration gas

that is approximately equal to 10,000

parts per million. If only one scale on

an instrument will be used during

monitoring, the owner or operator need

not calibrate the scales that will not be

used during that day’s monitoring.

(ii) A calibration gas other than

methane in air may be used if the

instrument does not respond to methane

or if the instrument does not meet the

performance criteria specified in

paragraph (b)(2)(i) of this section. In

such cases, the calibration gas may be a

mixture of one or more of the

compounds to be measured in air.

(5) Monitoring performance.

Monitoring shall be performed when the

equipment is in regulated material

service or is in use with any other

detectable material.

(6) Monitoring data. Monitoring data

obtained prior to the regulated source

becoming subject to the referencing

subpart that do not meet the criteria

specified in paragraphs (b)(1) through

(5) of this section may still be used to

qualify initially for less frequent

monitoring under the provisions in

§ 65.106(a)(2), (b)(3), or (b)(4) for valves

or § 65.108(b)(3) for connectors,

provided the departures from the

criteria or from the specified monitoring

frequency of § 65.106(b)(3) or (4) are

minor and do not significantly affect the

quality of the data. Examples of minor

departures are monitoring at a slightly

different frequency (such as every 6

weeks instead of monthly or quarterly),

following the performance criteria of

section 3.1.2(a) of Method 21 of

appendix A of 40 CFR part 60 instead

of paragraph (b)(2) of this section, or

monitoring using a different leak

definition if the data would indicate the

presence or absence of a leak at the

concentration specified in this subpart.

Failure to use a calibrated instrument is

not considered a minor departure.

(c) Instrument monitoring readings

and background adjustments. The

owner or operator may elect to adjust or

not to adjust the instrument readings for

background. If an owner or operator

elects not to adjust instrument readings

for background, the owner or operator

shall monitor the equipment according

to the procedures specified in

paragraphs (b)(1) through (5) of this

section. In such cases, all instrument

readings shall be compared directly to

the applicable leak definition for the

monitored equipment to determine

whether there is a leak or to determine

compliance with § 65.111(b) (pressure

relief devices) or § 65.112(f) (alternative

compressor standard). If an owner or

operator elects to adjust instrument

readings for background, the owner or

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78319

operator shall monitor the equipment

according to the following procedures:

(1) The requirements of paragraphs

(b)(1) through (5) of this section shall

apply.

(2) The background level shall be

determined using the procedures in

Method 21 of appendix A of 40 CFR part

60.

(3) The instrument probe shall be

traversed around all potential leak

interfaces as close to the interface as

possible as described in Method 21 of

appendix A of 40 CFR part 60.

(4) The arithmetic difference between

the maximum concentration indicated

by the instrument and the background

level shall be compared to the

applicable leak definition for the

monitored equipment to determine

whether there is a leak or to determine

compliance with § 65.111(b) (pressure

relief devices) or § 65.112(f) (alternative

compressor standard).

(d) Sensory monitoring methods.

Sensory monitoring consists of visual,

audible, olfactory, or any other

detection method used to determine a

potential leak to the atmosphere.

(e) Leaking equipment identification

and records. (1) When each leak is

detected, a weatherproof and readily

visible identification shall be attached

to the leaking equipment.

(2) When each leak is detected, the

information specified in paragraphs

(e)(2)(i) and (ii) of this section shall be

recorded and kept pursuant to § 65.4(a),

except the information for valves

complying with the 2-year monitoring

period allowed under § 65.106(b)(3)(v),

and connectors complying with the 8-

year monitoring period allowed under

§ 65.108(b)(3)(iii) shall be kept 5 years

beyond the date of the last use of the

information to set a monitoring period.

(i) The instrument, the equipment

identification, and the instrument

operator’s name, initials, or

identification number if a leak is

detected or confirmed by instrument

monitoring.

(ii) The date the leak was detected.

§ 65.105 Leak repair.

(a) Leak repair schedule. The owner

or operator shall repair each leak

detected as soon as practical but not

later than 15 calendar days after it is

detected except as provided in

paragraph (d) or (e) of this section. A

first attempt at repair as defined in

subpart A of this part shall be made no

later than 5 calendar days after the leak

is detected. First attempt at repair for

pumps includes, but is not limited to,

tightening the packing gland nuts and/

or ensuring that the seal flush is

operating at design pressure and

temperature. First attempt at repair for

valves includes, but is not limited to,

tightening the bonnet bolts, and/or

replacing the bonnet bolts, and/or

tightening the packing gland nuts, and/

or injecting lubricant into the lubricated

packing.

(b) [Reserved]

(c) Leak identification removal. (1)

Valves and connectors. The leak

identification on a valve in gas/vapor or

light liquid service may be removed

after it has been monitored as specified

in § 65.106(d)(2) and no leak has been

detected during that monitoring. The

leak identification on a connector in

gas/vapor or light liquid service may be

removed after it has been monitored as

specified in § 65.108(b)(3)(iv) and no

leak has been detected during that

monitoring.

(2) Other equipment. The

identification that has been placed

pursuant to § 65.104(e)(1) on equipment

determined to have a leak, except for a

valve or for a connector that is subject

to the provisions of § 65.108(b)(3)(iv),

may be removed after it is repaired.

(d) Delay of repair. Delay of repair is

allowed for any of the conditions

specified in paragraphs (d)(1) through

(5) of this section. The owner or

operator shall maintain a record of the

facts that explain any delay of repairs

and, where appropriate, why repair

within 15 days was technically

infeasible without a process unit

shutdown.

(1) Delay of repair of equipment for

which leaks have been detected is

allowed if repair within 15 days after a

leak is detected is technically infeasible

without a process unit shutdown.

Repair of this equipment shall occur as

soon as practical, but no later than the

end of the next process unit shutdown,

except as provided in paragraph (d)(5)

of this section.

(2) Delay of repair of equipment for

which leaks have been detected is

allowed for equipment that is isolated

from the process and that does not

remain in regulated material service.

(3) Delay of repair for valves,

connectors, and agitators is also allowed

if the following provisions are met:

(i) The owner or operator determines

that emissions of purged material

resulting from immediate repair would

be greater than the fugitive emissions

likely to result from delay of repair; and

(ii) When repair procedures are

effected, the purged material is collected

and routed to a process or fuel gas

system or is collected and destroyed or

recovered in a control device complying

with § 65.115.

(4) Delay of repair for pumps is also

allowed if the provisions of paragraphs

(d)(4)(i) and (ii) of this section are met.

(i) Repair requires replacing the

existing seal design with a new system

that the owner or operator has

determined under the provisions of

§ 65.116(d) will provide better

performance or one of the following

specifications are met:

(A) A dual mechanical seal system

that meets the requirements of

§ 65.107(e)(1) will be installed;

(B) A pump that meets the

requirements of § 65.107(e)(2) will be

installed; or

(C) A system that routes emissions to

a process or a fuel gas system or a closed

vent system and control device that

meets the requirements of § 65.107(e)(3)

will be installed.

(ii) Repair is completed as soon as

practical but not later than 6 months

after the leak was detected.

(5) Delay of repair beyond a process

unit shutdown will be allowed for a

valve if valve assembly replacement is

necessary during the process unit

shutdown, and valve assembly supplies

have been depleted, and valve assembly

supplies had been sufficiently stocked

before the supplies were depleted. Delay

of repair beyond the second process unit

shutdown will not be allowed unless

the third process unit shutdown occurs

sooner than 6 months after the first

process unit shutdown.

(e) Unsafe-to-repair: Connectors. Any

connector that is designated as

described in § 65.103(d) as an unsafe-torepair connector is exempt from the

requirements of § 65.108(d) and

paragraph (a) of this section if the

provisions of § 65.103(d) are met.

(f) Leak repair records. For each leak

detected, the information specified in

paragraphs (f)(1) through (5) of this

section shall be recorded and kept

pursuant to § 65.4(a).

(1) The date of first attempt to repair

the leak.

(2) The date of successful repair of the

leak.

(3) Maximum instrument reading

measured by Method 21 of appendix A

of 40 CFR part 60 at the time the leak

is successfully repaired or determined

to be nonrepairable.

(4) ‘‘Repair delayed’’ and the reason

for the delay if a leak is not repaired

within 15 calendar days after discovery

of the leak as specified in the

paragraphs (f)(4)(i) and (ii) of this

section.

(i) The owner or operator may

develop a written procedure that

identifies the conditions that justify a

delay of repair. The written procedures

may be included as part of the startup/

78320 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

shutdown/malfunction plan required by

§ 65.6 for the source or may be part of

a separate document that is maintained

at the plant site. In such cases, reasons

for delay of repair may be documented

by citing the relevant sections of the

written procedure.

(ii) If delay of repair was caused by

depletion of stocked parts, there must be

documentation that the spare parts were

sufficiently stocked onsite before

depletion and the reason for depletion.

(5) Dates of process unit shutdowns

that occur while the equipment is

unrepaired.

§ 65.106 Standards: Valves in gas/vapor

service and in light liquid service.

(a) Compliance schedule. (1) The

owner or operator shall comply with

this section no later than the

implementation date specified in

§ 65.1(f).

(2) The use of monitoring data

generated before the regulated source

became subject to the referencing

subpart to qualify initially for less

frequent monitoring is governed by the

provisions of § 65.104(b)(6).

(b) Leak detection. Unless otherwise

specified in § 65.102(b) or paragraph (e)

of this section, the owner or operator

shall monitor all valves at the intervals

specified in paragraphs (b)(3) and/or

(b)(4) of this section and shall comply

with all other provisions of this section.

(1) Monitoring method. The valves

shall be monitored to detect leaks by the

method specified in § 65.104(b) and (c).

(2) Instrument reading that defines a

leak. The instrument reading that

defines a leak is 500 parts per million

or greater.

(3) Monitoring frequency. The owner

or operator shall monitor valves for

leaks at the intervals specified in

paragraphs (b)(3)(i) through (v) of this

section and shall keep the record

specified in paragraph (b)(3)(vi) of this

section.

(i) If at least the greater of two valves

or 2 percent of the valves in a process

unit leak, as calculated according to

paragraph (c) of this section, the owner

or operator shall monitor each valve

once per month.

(ii) At process units with less than the

greater of two leaking valves or 2

percent leaking valves, the owner or

operator shall monitor each valve once

each quarter except as provided in

paragraphs (b)(3)(iii) through (v) of this

section. Monitoring data generated

before the regulated source became

subject to the referencing subpart and

meeting the criteria of either

§ 65.104(b)(1) through (5) or

§ 65.104(b)(6) may be used to qualify

initially for less frequent monitoring

under paragraphs (b)(3)(iii) through (v)

of this section.

(iii) At process units with less than 1

percent leaking valves, the owner or

operator may elect to monitor each

valve once every 2 quarters.

(iv) At process units with less than 0.5

percent leaking valves, the owner or

operator may elect to monitor each

valve once every 4 quarters.

(v) At process units with less than

0.25 percent leaking valves, the owner

or operator may elect to monitor each

valve once every 2 years.

(vi) The owner or operator shall keep

a record of the monitoring schedule for

each process unit.

(4) Valve subgrouping. For a process

unit or a group of process units to which

this subpart applies, an owner or

operator may choose to subdivide the

valves in the applicable process unit or

group of process units and apply the

provisions of paragraph (b)(3) of this

section to each subgroup. If the owner

or operator elects to subdivide the

valves in the applicable process unit or

group of process units, then the

provisions of paragraphs (b)(4)(i)

through (viii) of this section apply.

(i) The overall performance of total

valves in the applicable process unit or

group of process units to be subdivided

shall be less than 2 percent leaking

valves, as detected according to

paragraphs (b)(1) and (2) of this section

and as calculated according to

paragraphs (c)(1)(ii) and (c)(2) of this

section.

(ii) The initial assignment or

subsequent reassignment of valves to

subgroups shall be governed by the

following provisions:

(A) The owner or operator shall

determine which valves are assigned to

each subgroup. Valves with less than 1

year of monitoring data or valves not

monitored within the last 12 months

must be placed initially into the most

frequently monitored subgroup until at

least 1 year of monitoring data have

been obtained.

(B) Any valve or group of valves can

be reassigned from a less frequently

monitored subgroup to a more

frequently monitored subgroup

provided that the valves to be

reassigned were monitored during the

most recent monitoring period for the

less frequently monitored subgroup. The

monitoring results must be included

with that less frequently monitored

subgroup’s associated percent leaking

valves calculation for that monitoring

event.

(C) Any valve or group of valves can

be reassigned from a more frequently

monitored subgroup to a less frequently

monitored subgroup provided that the

valves to be reassigned have not leaked

for the period of the less frequently

monitored subgroup (for example, for

the last 12 months, if the valve or group

of valves is to be reassigned to a

subgroup being monitored annually).

Nonrepairable valves may not be

reassigned to a less frequently

monitored subgroup.

(iii) The owner or operator shall

determine every 6 months if the overall

performance of total valves in the

applicable process unit or group of

process units is less than 2 percent

leaking valves and so indicate the

performance in the next periodic report.

If the overall performance of total valves

in the applicable process unit or group

of process units is 2 percent leaking

valves or greater, the owner or operator

shall no longer subgroup and shall

revert to the program required in

paragraphs (b)(1) through (3) of this

section for that applicable process unit

or group of process units. An owner or

operator can again elect to comply with

the valve subgrouping procedures of

paragraph (b)(4) of this section if future

overall performance of total valves in

the process unit or group of process

units is again less than 2 percent. The

overall performance of total valves in

the applicable process unit or group of

process units shall be calculated as a

weighted average of the percent leaking

valves of each subgroup according to

Equation 106–1 of this section:

%

%

V

V V

V

LO

Li i

i

n

i

i

n =

( ) ×

=

=

∑

∑

1

1

(Eq. 106-1)

Where:

%VLO = Overall performance of total

valves in the applicable process

unit or group of process units.

%VLi = Percent leaking valves in

subgroup i, most recent value

calculated according to the

procedures in paragraphs (c)(1)(ii)

and (c)(2) of this section.

Vi = Number of valves in subgroup i.

n = Number of subgroups.

(iv) The owner or operator shall

maintain the following records:

(A) Which valves are assigned to each

subgroup;

(B) Monitoring results and

calculations made for each subgroup for

each monitoring period;

(C) Which valves are reassigned, the

last monitoring result prior to

reassignment, and when they were

reassigned; and

(D) The results of the semiannual

overall performance calculation

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78321

required in paragraph (b)(4)(iii) of this

section.

(v) The owner or operator shall notify

the Administrator no later than 30 days

prior to the beginning of the next

monitoring period of the decision to

begin or end subgrouping valves. The

notification shall identify the

participating process units and the

number of valves assigned to each

subgroup, if applicable. The notification

may be included in a periodic report if

the periodic report is submitted no later

than 30 days prior to the beginning of

the next monitoring period.

(vi) The owner or operator shall

submit in the periodic reports the

following information:

(A) Total number of valves in each

subgroup; and

(B) Results of the semiannual overall

performance calculation required by

paragraph (b)(4)(iii) of this section.

(vii) To determine the monitoring

frequency for each subgroup, the

calculation procedures of paragraph

(c)(2) of this section shall be used.

(viii) Except for the overall

performance calculations required by

paragraphs (b)(4)(i) and (iii) of this

section, each subgroup shall be treated

as if it were a separate process unit for

the purposes of applying the provisions

of this section.

(c) Percent leaking valves

calculation—(1) Calculation basis and

procedures. (i) The owner or operator

shall decide no later than the

implementation date of this part or

upon revision of an operating permit

whether to calculate percent leaking

valves on a process unit or group of

process units basis. Once the owner or

operator has decided, all subsequent

percentage calculations shall be made

on the same basis, and this shall be the

basis used for comparison with the

subgrouping criteria specified in

paragraph (b)(4)(i) of this section.

(ii) The percent leaking valves for

each monitoring period for each process

unit or valve subgroup, as provided in

paragraph (b)(4) of this section, shall be

calculated using Equation 106–2 of this

section:

%/ . V V V Eq L LT = ( ) ×100 106-2 ( )

Where:

%VL = Percent leaking valves.

VL = Number of valves found leaking,

including those valves found

leaking pursuant to paragraphs

(d)(2)(iii)(A) and (d)(2)(iii)(B) of this

section and excluding

nonrepairable valves as provided in

paragraph (c)(3) of this section.

VT = The sum of the total number of

valves monitored.

(2) Calculation for monitoring

frequency. When determining

monitoring frequency for each process

unit or valve subgroup subject to

monthly, quarterly, or semiannual

monitoring frequencies, the percent

leaking valves shall be the arithmetic

average of the percent leaking valves

from the last two monitoring periods.

When determining monitoring

frequency for each process unit or valve

subgroup subject to annual or biennial

(once every 2 years) monitoring

frequencies, the percent leaking valves

shall be the arithmetic average of the

percent leaking valves from the last

three monitoring periods.

(3) Nonrepairable valves. (i)

Nonrepairable valves shall be included

in the calculation of percent leaking

valves the first time the valve is

identified as leaking and nonrepairable

and as required to comply with

paragraph (c)(3)(ii) of this section.

Otherwise, a number of nonrepairable

valves (identified and included in the

percent leaking valves calculation in a

previous period) up to a maximum of 1

percent of the total number of valves in

regulated material service at a process

unit may be excluded from calculation

of percent leaking valves for subsequent

monitoring periods.

(ii) If the number of nonrepairable

valves exceeds 1 percent of the total

number of valves in regulated material

service at a process unit, the number of

nonrepairable valves exceeding 1

percent of the total number of valves in

regulated material service shall be

included in the calculation of percent

leaking valves.

(d) Leak repair. (1) If a leak is

determined pursuant to paragraph (b),

(e)(1), or (e)(2) of this section, then the

leak shall be repaired using the

procedures in § 65.105, as applicable.

(2) After a leak determined under

paragraph (b) or (e)(2) of this section has

been repaired, the valve shall be

monitored at least once within the first

3 months after its repair. The

monitoring required by paragraph (d) of

this section is in addition to the

monitoring required to satisfy the

definition of repair.

(i) The monitoring shall be conducted

as specified in § 65.104(b) and (c), as

appropriate, to determine whether the

valve has resumed leaking.

(ii) Periodic monitoring required by

paragraph (b) of this section may be

used to satisfy the requirements of

paragraph (d) of this section if the

timing of the monitoring period

coincides with the time specified in

paragraph (d) of this section.

Alternatively, other monitoring may be

performed to satisfy the requirements of

paragraph (d) of this section regardless

of whether the timing of the monitoring

period for periodic monitoring

coincides with the time specified in

paragraph (d) of this section.

(iii) If a leak is detected by monitoring

that is conducted under paragraph (d)(2)

of this section, the owner or operator

shall comply with the following

provisions to determine whether that

valve must be counted as a leaking valve

for purposes of paragraph (c)(1)(ii) of

this section:

(A) If the owner or operator elected to

use periodic monitoring required by

paragraph (b) of this section to satisfy

the requirements of paragraph (d)(2) of

this section, then the valve shall be

counted as a leaking valve.

(B) If the owner or operator elected to

use other monitoring, prior to the

periodic monitoring required by

paragraph (b) of this section, to satisfy

the requirements of paragraph (d)(2) of

this section, then the valve shall be

counted as a leaking valve unless it is

repaired and shown by periodic

monitoring not to be leaking.

(e) Special provisions for valves—(1)

Unsafe-to-monitor valves. Any valve

that is designated as described in

§ 65.103(c)(1) as an unsafe-to-monitor

valve is exempt from the requirements

of paragraph (b) and (d)(2) of this

section, and the owner or operator shall

monitor the valve according to the

written plan specified in § 65.103(c)(4).

(2) Difficult-to-monitor valves. Any

valve that is designated as described in

§ 65.103(c)(2) as a difficult-to-monitor

valve is exempt from the requirements

of paragraph (b) of this section, and the

owner or operator shall monitor the

valve according to the written plan

specified in § 65.103(c)(4).

(3) Less than 250 valves. Any

equipment located at a plant site with

fewer than 250 valves in regulated

material service is exempt from the

requirements for monthly monitoring

specified in paragraph (b)(3)(i) of this

section. Instead, the owner or operator

shall monitor each valve in regulated

material service for leaks once each

quarter or comply with paragraph

(b)(3)(iii), (iv), or (v) of this section

except as provided in paragraphs (e)(1)

and (2) of this section.

§ 65.107 Standards: Pumps in light liquid

service.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Leak detection. Unless otherwise

specified in § 65.102(b) or paragraph (e)

of this section, the owner or operator

78322 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

shall monitor each pump to detect leaks

and shall comply with all other

provisions of this section.

(1) Monitoring method. The pumps

shall be monitored monthly to detect

leaks by the method specified in

§ 65.104(b) and (c).

(2) Instrument reading that defines a

leak. The following leak definitions

determined through instrument readings

apply:

(i) 5,000 parts per million or greater

for pumps handling polymerizing

monomers;

(ii) 2,000 parts per million or greater

for pumps in food/medical service; and

(iii) 1,000 parts per million or greater

for all other pumps.

(3) Leak repair exception. For pumps

to which a 1,000 parts per million leak

definition applies, repair is not required

unless an instrument reading of 2,000

parts per million or greater is detected.

(4) Visual inspection. Each pump

shall be checked by visual inspection

each calendar week for indications of

liquids dripping from the pump seal.

The owner or operator shall document

that the inspection was conducted and

the date of the inspection. If there are

indications of liquids dripping from the

pump seal at the time of the weekly

inspection, the owner or operator shall

comply with either of the following

procedures:

(i) The owner or operator shall

monitor the pump as specified in

§ 65.104(b) and (c) unless the pump has

already been monitored since the last

routine monthly monitoring required by

paragraph (b)(1) of this section. If

monitoring is performed and the

instrument reading indicates a leak as

specified in paragraph (b)(2) of this

section, a leak is detected and the leak

shall be repaired using the procedures

in § 65.105, except as specified in

paragraph (b)(3) of this section; or

(ii) The owner or operator shall

eliminate the visual indications of

liquids dripping.

(c) Percent leaking pumps calculation.

(1) The owner or operator shall decide

no later than the implementation date of

this part or upon revision of an

operating permit whether to calculate

percent leaking pumps on a process unit

basis or group of process units basis.

Once the owner or operator has decided,

all subsequent percentage calculations

shall be made on the same basis.

(2) If, when calculated on a 6-month

rolling average, at least the greater of

either 10 percent of the pumps in a

process unit or three pumps in a process

unit leak, the owner or operator shall

implement a quality improvement

program for pumps that complies with

the requirements of § 65.116.

(3) The number of pumps at a process

unit shall be the sum of all the pumps

in regulated material service, except that

pumps found leaking in a continuous

process unit within 1 month after

startup of the pump shall not count in

the percent leaking pumps calculation

for that one monitoring period only.

(4) Percent leaking pumps shall be

determined by Equation 107–1 of this

section:

%/ . P P P P P Eq L LS TS = − ( ) ( ) ( ) − 107-1 ∗ 100 ( )

Where:

%PL = Percent leaking pumps.

PL = Number of pumps found leaking as

determined through monthly

monitoring as required in paragraph

(b)(1) of this section.

PS = Number of pumps leaking within

1 month of startup during the

current monitoring period.

PT = Total pumps in regulated material

service, including those meeting the

criteria in paragraphs (e)(1), (e)(2),

(e)(3), and (e)(6) of this section.

(d) Leak repair. If a leak is detected

pursuant to paragraph (b) of this section,

then the leak shall be repaired using the

procedures in § 65.105, as applicable.

(e) Special provisions for pumps.—(1)

Dual mechanical seal pumps. Each

pump equipped with a dual mechanical

seal system that includes a barrier fluid

system is exempt from the requirements

of paragraph (b) of this section,

provided the requirements specified in

paragraphs (e)(1)(i) through (viii) of this

section are met.

(i) The owner or operator determines,

based on design considerations and

operating experience, criteria applicable

to the presence and frequency of drips

and to the sensor that indicates failure

of the seal system, the barrier fluid

system, or both. The owner or operator

shall keep records of the design criteria

and an explanation of the design

criteria, and any changes to these

criteria and the reasons for the changes.

(ii) Each dual mechanical seal system

shall meet the following three

requirements:

(A) Operated with the barrier fluid at

a pressure that is at all times (except

periods of start-up, shutdown, or

malfunction) greater than the pump

stuffing box pressure; or

(B) Equipped with a barrier fluid

degassing reservoir that is routed to a

process or fuel gas system or connected

by a closed vent system to a control

device that complies with the

requirements of § 65.115; or

(C) Equipped with a closed-loop

system that purges the barrier fluid into

a process stream.

(iii) The barrier fluid is not in light

liquid service.

(iv) Each barrier fluid system is

equipped with a sensor that will detect

failure of the seal system, the barrier

fluid system, or both.

(v) Each pump is checked by visual

inspection each calendar week for

indications of liquids dripping from the

pump seal. The owner or operator shall

document that the inspection was

conducted and the date of the

inspection. If there are indications of

liquids dripping from the pump seal at

the time of the weekly inspection, the

owner or operator shall follow either

one of the following procedures prior to

the next required inspection:

(A) The owner or operator shall

monitor the pump as specified in

§ 65.104(b) and (c) to determine if there

is a leak of regulated material in the

barrier fluid. If an instrument reading of

1,000 parts per million or greater is

measured, a leak is detected and it shall

be repaired using the procedures in

§ 65.105; or

(B) The owner or operator shall

eliminate the visual indications of

liquids dripping.

(vi) If indications of liquids dripping

from the pump seal exceed the criteria

established in paragraph (e)(1)(i) of this

section, or if based on the criteria

established in paragraph (e)(1)(i) of this

section the sensor indicates failure of

the seal system, the barrier fluid system,

or both, a leak is detected.

(vii) Each sensor as described in

paragraph (e)(1)(iv) of this section is

observed daily or is equipped with an

alarm unless the pump is located within

the boundary of an unmanned plant

site.

(viii) When a leak is detected

pursuant to paragraph (e)(1)(vi) of this

section, it shall be repaired as specified

in § 65.105.

(2) No external shaft. Any pump that

is designed with no externally actuated

shaft penetrating the pump housing is

exempt from the requirements of

paragraph (b) of this section.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78323

(3) Routed to a process or fuel gas

system or equipped with a closed vent

system. Any pump that is routed to a

process or fuel gas system or equipped

with a closed vent system that captures

and transports leakage from the pump to

a control device meeting the

requirements of § 65.115 is exempt from

the requirements of paragraph (b) of this

section.

(4) Unmanned plant site. Any pump

that is located within the boundary of

an unmanned plant site is exempt from

the weekly visual inspection

requirement of paragraphs (b)(4) and

(e)(1)(v) of this section and the daily

requirements of paragraph (e)(1)(vii) of

this section provided that each pump is

visually inspected as often as practical

and at least monthly.

(5) Ninety percent exemption. If more

than 90 percent of the pumps at a

process unit meet the criteria in either

paragraph (e)(1) or (2) of this section,

the process unit is exempt from the

percent leaking calculation in paragraph

(c) of this section.

(6) Unsafe-to-monitor pumps. Any

pump that is designated as described in

§ 65.103(c)(1) as an unsafe-to-monitor

pump is exempt from the requirements

of paragraph (b) of this section, the

monitoring and inspection requirements

of paragraphs (e)(1)(v) through (viii) of

this section, and the owner or operator

shall monitor and repair the pump

according to the written plan specified

in § 65.103(c)(4).

§ 65.108 Standards: Connectors in gas/

vapor service and in light liquid service.

(a) Compliance schedule. Except as

allowed in § 65.102(b) or as specified in

paragraph (e) of this section, the owner

or operator shall monitor all connectors

in each process unit initially for leaks

by either 12 months after the

implementation date as specified in

§ 65.1(f) or 12 months after initial

startup, whichever is later. If all

connectors in each process unit have

been monitored for leaks prior to the

implementation date specified in

§ 65.1(f), no initial monitoring is

required provided either no process

changes have been made since the

monitoring or the owner or operator can

determine that the results of the

monitoring, with or without

adjustments, reliably demonstrate

compliance despite process changes. If

required to monitor because of a process

change, the owner or operator is

required to monitor only those

connectors involved in the process

change.

(b) Leak detection. Except as allowed

in § 65.102(b) or as specified in

paragraph (e) of this section, the owner

or operator shall monitor all connectors

in gas/vapor and light liquid service as

specified in paragraphs (a) and (b)(3) of

this section.

(1) Monitoring method. The

connectors shall be monitored to detect

leaks by the method specified in

§ 65.104(b) and (c).

(2) Instrument reading that defines a

leak. If an instrument reading greater

than or equal to 500 parts per million

is measured, a leak is detected.

(3) Monitoring periods. The owner or

operator shall perform monitoring,

subsequent to the initial monitoring

required in paragraph (a) of this section,

as specified in paragraphs (b)(3)(i)

through (iii) of this section, and shall

comply with the requirements of

paragraphs (b)(3)(iv) and (v) of this

section. The required period in which

monitoring must be conducted shall be

determined from paragraphs (b)(3)(i)

through (iii) of this section using the

monitoring results from the preceding

monitoring period. The percent leaking

connectors shall be calculated as

specified in paragraph (c) of this

subpart.

(i) If the percent leaking connectors in

the process unit was greater than or

equal to 0.5 percent, then monitor

within 12 months (1 year).

(ii) If the percent leaking connectors

in the process unit was greater than or

equal to 0.25 percent but less than 0.5

percent, then monitor within 4 years.

An owner or operator may comply with

the requirements of paragraph (b)(3)(ii)

of this section by monitoring at least 40

percent of the connectors within 2 years

of the start of the monitoring period,

provided all connectors have been

monitored by the end of the 4-year

monitoring period.

(iii) If the percent leaking connectors

in the process unit was less than 0.25

percent, then monitor as provided in

paragraph (b)(3)(iii)(A) of this section

and either paragraph (b)(3)(iii)(B) or (C)

of this section, as appropriate.

(A) An owner or operator shall

monitor at least 50 percent of the

connectors within 4 years of the start of

the monitoring period.

(B) If the percent leaking connectors

calculated from the monitoring results

in paragraph (b)(3)(iii)(A) of this section

is greater than or equal to 0.35 percent

of the monitored connectors, the owner

or operator shall monitor as soon as

practical, but within the next 6 months,

all connectors that have not yet been

monitored during the monitoring

period. At the conclusion of monitoring,

a new monitoring period shall be started

pursuant to paragraph (b)(3) of this

section, based on the percent leaking

connectors of the total monitored

connectors.

(C) If the percent leaking connectors

calculated from the monitoring results

in paragraph (b)(3)(iii)(A) of this section

is less than 0.35 percent of the

monitored connectors, the owner or

operator shall monitor all connectors

that have not yet been monitored within

8 years of the start of the monitoring

period.

(iv) If, during the monitoring

conducted pursuant to paragraphs

(b)(3)(i) through (iii) of this section, a

connector is found to be leaking, it shall

be re-monitored once within 90 days

after repair to confirm that it is not

leaking.

(v) The owner or operator shall keep

a record of the start date and end date

of each monitoring period under this

section for each process unit.

(c) Percent leaking connectors

calculation. For use in determining the

monitoring frequency as specified in

paragraphs (a) and (b)(3) of this section,

the percent leaking connectors as used

in paragraphs (a) and (b)(3) of this

section shall be calculated by using

Equation 108–1 of this section:

% / C CC L Lt = ∗100 (Eq. 108-1)

Where:

%CL = Percent leaking connectors as

determined through periodic

monitoring required in paragraphs

(a) and (b)(3)(i) through (b)(3)(iii) of

this section.

CL = Number of connectors measured at

500 parts per million or greater by

the method specified in § 65.104(b).

Ct = Total number of monitored

connectors in the process unit.

(d) Leak repair. If a leak is detected

pursuant to paragraphs (a) and (b) of

this section, then the leak shall be

repaired using the procedures in

§ 65.105, as applicable.

(e) Special provisions for

connectors.—(1) Unsafe-to-monitor

connectors. Any connector that is

designated, as described in

§ 65.103(c)(1), as an unsafe-to-monitor

connector is exempt from the

requirements of paragraphs (a) and (b) of

this section and the owner or operator

shall monitor according to the written

plan specified in § 65.103(c)(4).

(2) Inaccessible, ceramic, or ceramiclined connectors. (i) Any connector that

is inaccessible or that is ceramic or

ceramic-lined (for example, porcelain,

glass, or glass-lined), is exempt from the

monitoring requirements of paragraphs

(a) and (b) of this section and from the

recordkeeping and reporting

requirements of §§ 65.119 and 65.120.

An inaccessible connector is one that

78324 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

meets any of the following provisions,

as applicable:

(A) Buried;

(B) Insulated in a manner that

prevents access to the connector by a

monitor probe;

(C) Obstructed by equipment or

piping that prevents access to the

connector by a monitor probe;

(D) Unable to be reached from a

wheeled scissor-lift or hydraulic-type

scaffold that would allow access to

connectors up to 7.6 meters (25 feet)

above the ground;

(E) Inaccessible because it would

require elevating the monitoring

personnel more than 2 meters (7 feet)

above a permanent support surface or

would require the erection of scaffold;

(F) Not able to be accessed at any time

in a safe manner to perform monitoring.

Unsafe access includes, but is not

limited to, the use of a wheeled scissorlift on unstable or uneven terrain, the

use of a motorized man-lift basket in

areas where an ignition potential exists,

or access would require near proximity

to hazards such as electrical lines or

would risk damage to equipment.

(ii) If any inaccessible, ceramic, or

ceramic-lined connector is observed by

visual, audible, olfactory, or other

means to be leaking, the visual, audible,

olfactory, or other indications of a leak

to the atmosphere shall be eliminated as

soon as practical.

(3) Connectors referenced from 40

CFR part 60, subpart VV or 40 CFR part

61, subpart V. For sources referenced to

this part from 40 CFR part 61, subpart

VV, or from 40 CFR part 61, subpart V,

connectors are exempt from the

requirements of paragraphs (a) through

(d) of this section and the owner or

operator shall comply with the

following paragraphs:

(i) Connectors shall be monitored

within 5 days by the method specified

in § 65.104(b) and (c) if evidence of a

potential leak is found by visual,

audible, olfactory, or any other

detection method.

(ii) If an instrument reading of 500

parts per million or greater is measured,

a leak is detected.

(iii) When a leak is detected, it shall

be repaired using the procedures in

§ 65.105, as applicable.

§ 65.109 Standards: Agitators in gas/vapor

service and in light liquid service.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Leak detection. (1) Monitoring

method. Each agitator seal shall be

monitored monthly to detect leaks by

the methods specified in § 65.104(b) and

(c), except as provided in § 65.102(b) or

paragraph (e) of this section.

(2) Instrument reading that defines a

leak. If an instrument reading of 10,000

parts per million or greater is measured,

a leak is detected.

(3) Visual inspection. Each agitator

seal shall be checked by visual

inspection each calendar week for

indications of liquids dripping from the

agitator seal. The owner or operator

shall document that the inspection was

conducted and the date of the

inspection. If there are indications of

liquids dripping from the agitator seal,

the owner or operator shall comply with

either of the following procedures prior

to the next required inspection:

(i) The owner or operator shall

monitor the agitator seal as specified in

§ 65.104(b) and (c) to determine if there

is a leak of regulated material. If an

instrument reading of 10,000 parts per

million or greater is measured, a leak is

detected, and it shall be repaired

according to paragraph (d) of this

section.

(ii) The owner or operator shall

eliminate the indications of liquids

dripping from the agitator seal.

(c) [Reserved]

(d) Leak repair. If a leak is detected,

then the leak shall be repaired using the

procedures in § 65.105(a).

(e) Special provisions for agitators. (1)

Dual mechanical seal. Each agitator

equipped with a dual mechanical seal

system that includes a barrier fluid

system is exempt from the requirements

of paragraph (b) of this section provided

the requirements specified in

paragraphs (e)(1)(i) through (vi) of this

section are met.

(i) Each dual mechanical seal system

shall meet any one of the following

requirements:

(A) Operated with the barrier fluid at

a pressure that is at all times (except

during periods of startup, shutdown, or

malfunction) greater than the agitator

stuffing box pressure; or

(B) Equipped with a barrier fluid

degassing reservoir that is routed to a

process or fuel gas system, or connected

by a closed vent system to a control

device that meets the requirements of

§ 65.115; or

(C) Equipped with a closed-loop

system that purges the barrier fluid into

a process stream.

(ii) The barrier fluid is not in light

liquid service.

(iii) Each barrier fluid system is

equipped with a sensor that will detect

failure of the seal system, the barrier

fluid system, or both.

(iv) Each agitator seal is checked by

visual inspection each calendar week

for indications of liquids dripping from

the agitator seal. If there are indications

of liquids dripping from the agitator seal

at the time of the weekly inspection, the

owner or operator shall follow either of

the following procedures prior to the

next required inspection:

(A) The owner or operator shall

monitor the agitator seal as specified in

§ 65.104(b) and (c) to determine the

presence of regulated material in the

barrier fluid. If an instrument reading of

10,000 parts per million or greater is

measured, a leak is detected and it shall

be repaired using the procedures in

§ 65.105; or

(B) The owner or operator shall

eliminate the visual indications of

liquids dripping.

(v) Each sensor as described in

paragraph (e)(1)(iii) of this section is

observed daily or is equipped with an

alarm unless the agitator seal is located

within the boundary of an unmanned

plant site.

(vi) The owner or operator of each

dual mechanical seal system shall meet

the following requirements:

(A) The owner or operator shall

determine based on design

considerations and operating experience

criteria that indicates failure of the seal

system, the barrier fluid system, or both

and that are applicable to the presence

and frequency of drips. If indications of

liquids dripping from the agitator seal

exceed the criteria, or if based on the

criteria the sensor indicates failure of

the seal system, the barrier fluid system,

or both, a leak is detected and shall be

repaired pursuant to § 65.105, as

applicable.

(B) The owner or operator shall keep

records of the design criteria and an

explanation of the design criteria, and

any changes to these criteria and the

reasons for the changes.

(2) No external shaft. Any agitator

that is designed with no externally

actuated shaft penetrating the agitator

housing is exempt from paragraph (b) of

this section.

(3) Routed to a process or fuel gas

system or equipped with a closed vent

system. Any agitator that is routed to a

process or fuel gas system or equipped

with a closed vent system that captures

and transports leakage from the agitator

to a control device meeting the

requirements of § 65.115 is exempt from

the requirements of paragraph (b) of this

section.

(4) Unmanned plant site. Any agitator

that is located within the boundary of

an unmanned plant site is exempt from

the weekly visual inspection

requirement of paragraphs (b)(3) and

(e)(1)(iv) of this section, and the daily

requirements of paragraph (e)(1)(v) of

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78325

this section provided that each agitator

is visually inspected as often as

practical and at least monthly.

(5) Difficult-to-monitor agitator seals.

Any agitator seal that is designated as

described in § 65.103(c)(2) as a difficultto-monitor agitator seal is exempt from

the requirements of paragraph (b) of this

section and the owner or operator shall

monitor the agitator seal according to

the written plan specified in

§ 65.103(c)(4).

(6) Equipment obstructions. Any

agitator seal that is obstructed by

equipment or piping that prevents

access to the agitator by a monitor probe

is exempt from the monitoring

requirements of paragraph (b) of this

section.

(7) Unsafe-to-monitor agitator seals.

Any agitator seal that is designated as

described in § 65.103(c)(1) as an unsafeto-monitor agitator seal is exempt from

the requirements of paragraph (b) of this

section and the owner or operator of the

agitator seal monitors the agitator seal

according to the written plan specified

in § 65.103(c)(4).

§ 65.110 Standards: Pumps, valves,

connectors, and agitators in heavy liquid

service; pressure relief devices in liquid

service; and instrumentation systems.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Leak detection. Unless otherwise

specified in § 65.102(b), the owner or

operator shall comply with the

following:

(1) Monitoring method. Pumps,

valves, connectors, and agitators in

heavy liquid service; pressure relief

devices in light liquid or heavy liquid

service; and instrumentation systems

shall be monitored within 5 calendar

days by the method specified in

§ 65.104(b) and (c) if evidence of a

potential leak to the atmosphere is

found by visual, audible, olfactory, or

any other detection method, unless the

potential leak is repaired as required in

paragraph (c) of this section.

(2) Instrument reading that defines a

leak. If an instrument reading of 10,000

parts per million or greater for agitators,

5,000 parts per million or greater for

pumps handling polymerizing

monomers, 2,000 parts per million or

greater for all other pumps (including

pumps in food/medical service), or 500

parts per million or greater for valves,

connectors, instrumentation systems,

and pressure relief devices is measured

pursuant to paragraph (b)(1) of this

section, a leak is detected and it shall be

repaired pursuant to § 65.105, as

applicable.

(c) Leak repair. For equipment

identified in paragraph (b) of this

section that is not monitored by the

method specified in § 65.104(b),

repaired shall mean that the visual,

audible, olfactory, or other indications

of a leak to the atmosphere have been

eliminated; that no bubbles are observed

at potential leak sites during a leak

check using soap solution; or that the

system will hold a test pressure.

§ 65.111 Standards: Pressure relief

devices in gas/vapor service.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Compliance standard. Except

during pressure releases as provided for

in paragraph (c) of this section, each

pressure relief device in gas/vapor

service shall be operated with an

instrument reading of less than 500

parts per million as measured by the

method specified in § 65.104(b) and (c).

(c) Pressure relief requirements. (1)

After each pressure release, the pressure

relief device shall be returned to a

condition indicated by an instrument

reading of less than 500 parts per

million, as soon as practical, but no later

than 5 calendar days after each pressure

release except as provided in

§ 65.105(d).

(2) The pressure relief device shall be

monitored no later than 5 calendar days

after the pressure release and being

returned to regulated material service to

confirm the condition indicated by an

instrument reading of less than 500

parts per million as measured by the

method specified in § 65.104(b) and (c).

(3) The owner or operator shall record

the dates and results of the monitoring

required by paragraph (c)(2) of this

section following a pressure release

including maximum instrument reading

measured during the monitoring and the

background level measured if the

instrument reading is adjusted for

background.

(d) Pressure relief devices routed to a

process or fuel gas system or equipped

with a closed vent system and control

device. Any pressure relief device that

is routed to a process or fuel gas system

or equipped with a closed vent system

capable of capturing and transporting

leakage from the pressure relief device

to a control device meeting the

requirements of § 65.115 is exempt from

the requirements of paragraphs (b) and

(c) of this section.

(e) Rupture disk exemption. Any

pressure relief device that is equipped

with a rupture disk upstream of the

pressure relief device is exempt from

the requirements of paragraphs (b) and

(c) of this section provided the owner or

operator installs a new rupture disk

upstream of the pressure relief device as

soon as practical after each pressure

release, but no later than 5 calendar

days after each pressure release except

as provided in § 65.105(d).

§ 65.112 Standards: Compressors.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Seal system standard. Each

compressor shall be equipped with a

seal system that includes a barrier fluid

system and that prevents leakage of

process fluid to the atmosphere except

as provided in § 65.102(b) and

paragraphs (e) and (f) of this section.

Each compressor seal system shall meet

any one of the following requirements:

(1) Operated with the barrier fluid at

a pressure that is greater than the

compressor stuffing box pressure at all

times (except during periods of start-up,

shutdown, or malfunction); or

(2) Equipped with a barrier fluid

system degassing reservoir that is routed

to a process or fuel gas system, or

connected by a closed vent system to a

control device that meets the

requirements of § 65.115; or

(3) Equipped with a closed-loop

system that purges the barrier fluid

directly into a process stream.

(c) Barrier fluid system. The barrier

fluid shall not be in light liquid service.

Each barrier fluid system shall be

equipped with a sensor that will detect

failure of the seal system, barrier fluid

system, or both. Each sensor shall be

observed daily or shall be equipped

with an alarm unless the compressor is

located within the boundary of an

unmanned plant site.

(d) Failure criterion and leak

detection. (1) The owner or operator

shall determine, based on design

considerations and operating

experience, a criterion that indicates

failure of the seal system, the barrier

fluid system, or both. If the sensor

indicates failure of the seal system, the

barrier fluid system, or both based on

the criterion, a leak is detected and shall

be repaired pursuant to § 65.105, as

applicable.

(2) The owner or operator shall keep

records of the design criteria and an

explanation of the design criteria, and

any changes to these criteria and the

reasons for the changes.

(e) Routed to a process or fuel gas

system or equipped with a closed vent

78326 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

system. A compressor is exempt from

the requirements of paragraphs (b)

through (d) of this section if it is

equipped with a system to capture and

transport leakage from the compressor

drive shaft seal to a process or a fuel gas

system or to a closed vent system that

captures and transports leakage from the

compressor to a control device meeting

the requirements of § 65.115.

(f) Alternative compressor standard.

(1) Any compressor that is designated as

described in § 65.103(e) shall operate at

all times with an instrument reading of

less than 500 parts per million. A

compressor so designated is exempt

from the requirements of paragraphs (b)

through (d) of this section if the

compressor is demonstrated initially

upon designation, annually, and at other

times requested by the Administrator to

be operating with an instrument reading

of less than 500 parts per million as

measured by the method specified in

§ 65.104(b) and (c).

(2) The owner or operator shall record

the dates and results of each compliance

test including the background level

measured and the maximum instrument

reading measured during each

compliance test.

§ 65.113 Standards: Sampling connection

systems.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Equipment requirement. Each

sampling connection system shall be

equipped with a closed-purge, closedloop, or closed vent system except as

provided in paragraph (d) of this section

or § 65.102(b). Gases displaced during

filling of the sample container are not

required to be collected or captured.

(c) Equipment design and operation.

Each closed-purge, closed-loop, or

closed vent system as required in

paragraph (b) of this section shall meet

the following applicable requirements:

(1) The system shall return the purged

process fluid directly to a process line

or to a fuel gas system; or

(2) Collect and recycle the purged

process fluid to a process; or

(3) Be designed and operated to

capture and transport all the purged

process fluid to a control device that

meets the requirements of § 65.115; or

(4) Collect, store, and transport the

purged process fluid to any of the

following systems or facilities:

(i) A waste management unit as

defined in 40 CFR 63.111, if the waste

management unit is complying with the

provisions of 40 CFR part 63, subpart G,

applicable to Group 1 wastewater

streams. For sources referenced to this

part from 40 CFR part 63, subpart H,

and if the purged process fluid does not

contain any organic HAP listed in table

9 of 40 CFR part 63, subpart G, the

waste management unit need not be

subject to and operated in compliance

with the requirements of 40 CFR part

63, subpart G, applicable to Group 1

wastewater steams provided the facility

has a National Pollution Discharge

Elimination System (NPDES) permit or

sends the wastewater to an NPDESpermitted facility; or

(ii) A treatment, storage, or disposal

facility subject to regulation under 40

CFR part 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, or

registered by a State to manage

municipal or industrial solid waste, if

the process fluids are not hazardous

waste as defined in 40 CFR part 261;

and

(5) Containers that are part of a

closed-purge system must be covered or

closed when not being filled or emptied.

(d) In-situ sampling systems. In-situ

sampling systems and sampling systems

without purges are exempt from the

requirements of paragraphs (b) and (c) of

this section.

§ 65.114 Standards: Open-ended valves or

lines.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Equipment and operational

requirements. (1) Each open-ended

valve or line shall be equipped with a

cap, blind flange, plug, or a second

valve except as provided in § 65.102(b)

and paragraphs (c) and (d) of this

section. The cap, blind flange, plug, or

second valve shall seal the open end at

all times except during operations

requiring process fluid flow through the

open-ended valve or line, or during

maintenance. The operational

provisions of paragraphs (b)(2) and (3)

of this section also apply.

(2) Each open-ended valve or line

equipped with a second valve shall be

operated in a manner such that the

valve on the process fluid end is closed

before the second valve is closed.

(3) When a double block and bleed

system is being used, the bleed valve or

line may remain open during operations

that require venting the line between the

block valves but shall comply with

paragraph (b)(1) of this section at all

other times.

(c) Emergency shutdown exemption.

Open-ended valves or lines in an

emergency shutdown system that are

designed to open automatically in the

event of a process upset are exempt

from the requirements of paragraph (b)

of this section.

(d) Polymerizing materials exemption.

Open-ended valves or lines containing

materials that would autocatalytically

polymerize or would present an

explosion, serious overpressure, or other

safety hazard if capped or equipped

with a double block and bleed system as

specified in paragraph (b) of this section

are exempt from the requirements of

paragraph (b) of this section.

§ 65.115 Standards: Closed vent systems

and control devices; or emissions routed to

a fuel gas system or process.

(a) Compliance schedule. The owner

or operator shall comply with this

section no later than the

implementation date specified in

§ 65.1(f).

(b) Compliance standard. (1) Owners

or operators of closed vent systems and

nonflare control devices used to comply

with provisions of this subpart shall

design and operate the closed vent

systems and nonflare control devices to

reduce emissions of regulated material

with an efficiency of 95 percent or

greater, or to reduce emissions of

regulated material to a concentration of

20 parts per million by volume or, for

an enclosed combustion device, to

provide a minimum residence time of

0.50 second at a minimum of 760 °C

(1400 °F). Owners and operators of

closed vent systems and nonflare

control devices used to comply with

this part shall comply with the

provisions of § 65.142(d), except as

provided in § 65.102(b). Note that this

includes the startup, shutdown, and

malfunction plan specified in § 65.6.

(2) Owners or operators of closed vent

systems and flares used to comply with

the provisions of this subpart shall

design and operate the flare as specified

in § 65.142(d), except as provided in

§ 65.102(b). Note that this includes the

startup, shutdown, and malfunction

plan specified in § 65.6.

(3) Owners or operators routing

emissions from equipment leaks to a

fuel gas system or process shall comply

with the provisions of § 65.142(d),

except as provided in § 65.102(b).

§ 65.116 Quality improvement program for

pumps.

(a) Criteria. If, on a 6-month rolling

average, at least the greater of either 10

percent of the pumps in a process unit

(or plant site) or three pumps in a

process unit (or plant site) leak, the

owner or operator shall comply with the

following requirements:

(1) Pumps that are in food/medical

service or in polymerizing monomer

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78327

service shall comply with all

requirements except for those specified

in paragraph (d)(8) of this section.

(2) Pumps that are not in food/

medical or polymerizing monomer

service shall comply with all

requirements of this section.

(b) Exiting the QIP. The owner or

operator shall comply with the

requirements of this section until the

number of leaking pumps is less than

the greater of either 10 percent of the

pumps or three pumps calculated as a

6-month rolling average in the process

unit (or plant site). Once the

performance level is achieved, the

owner or operator shall comply with the

requirements in § 65.107.

(c) Resumption of QIP. If in a

subsequent monitoring period, the

process unit (or plant site) has the

greater of either 10 percent of the pumps

leaking or three pumps leaking

(calculated as a 6-month rolling

average), the owner or operator shall

resume the quality improvement

program starting at performance trials.

(d) QIP requirements. The quality

improvement program shall meet the

requirements specified in paragraphs

(d)(1) through (8) of this section.

(1) The owner or operator shall

comply with the requirements in

§ 65.107.

(2) Data collection. The owner or

operator shall collect the data specified

in paragraphs (d)(2)(i) through (v) of this

section and maintain records for each

pump in each process unit (or plant site)

subject to the quality improvement

program. The data may be collected and

the records may be maintained on a

process unit or plant site basis.

(i) Pump type (for example, piston,

horizontal or vertical centrifugal, gear,

bellows); pump manufacturer; seal type

and manufacturer; pump design (for

example, external shaft, flanged body);

materials of construction; if applicable,

barrier fluid or packing material; and

year installed.

(ii) Service characteristics of the

stream such as discharge pressure,

temperature, flow rate, corrosivity, and

annual operating hours.

(iii) The maximum instrument

readings observed in each monitoring

observation before repair, response

factor for the stream if appropriate,

instrument model number, and date of

the observation.

(iv) If a leak is detected, the repair

methods used and the instrument

readings after repair.

(v) If the data will be analyzed as part

of a larger analysis program involving

data from other plants or other types of

process units, a description of any

maintenance or quality assurance

programs used in the process unit that

are intended to improve emission

performance.

(3) The owner or operator shall

continue to collect data on the pumps

as long as the process unit (or plant site)

remains in the quality improvement

program.

(4) Pump or pump seal inspection.

The owner or operator shall inspect all

pumps or pump seals that exhibited

frequent seal failures and were removed

from the process unit due to leaks. The

inspection shall determine the probable

cause of the pump seal failure or of the

pump leak and shall include

recommendations, as appropriate, for

design changes or changes in

specifications to reduce leak potential.

(5) Data analysis. (i) The owner or

operator shall analyze the data collected

to comply with the requirements of

paragraph (d)(2) of this section to

determine the services, operating or

maintenance practices, and pump or

pump seal designs or technologies that

have poorer than average emission

performance and those that have better

than average emission performance. The

analysis shall determine if specific

trouble areas can be identified on the

basis of service, operating conditions or

maintenance practices, equipment

design, or other process-specific factors.

(ii) The analysis shall also be used to

determine if there are superior

performing pump or pump seal

technologies that are applicable to the

service(s), operating conditions, or

pump or pump seal designs associated

with poorer than average emission

performance. A superior performing

pump or pump seal technology is one

with a leak frequency of less than 10

percent for specific applications in the

process unit or plant site. A candidate

superior performing pump or pump seal

technology is one demonstrated or

reported in the available literature or

through a group study as having low

emission performance and as being

capable of achieving less than 10

percent leaking pumps in the process

unit (or plant site).

(iii) The analysis shall include

consideration of the following

information:

(A) The data obtained from the

inspections of pumps and pump seals

removed from the process unit due to

leaks;

(B) Information from the available

literature and from the experience of

other plant sites that will identify pump

designs or technologies and operating

conditions associated with low emission

performance for specific services; and

(C) Information on limitations on the

service conditions for the pump seal

technology operating conditions as well

as information on maintenance

procedures to ensure continued low

emission performance.

(iv) The data analysis may be

conducted through an inter- or

intracompany program (or through some

combination of the two approaches) and

may be for a single process unit, a plant

site, a company, or a group of process

units.

(v) The first analysis of the data shall

be completed no later than 18 months

after the start of the quality

improvement program. The first

analysis shall be performed using data

collected for a minimum of 6 months.

An analysis of the data shall be done

each year the process unit is in the

quality improvement program.

(6) Trial evaluation program. A trial

evaluation program shall be conducted

at each plant site for which the data

analysis does not identify use of

superior performing pump seal

technology or pumps that can be

applied to the areas identified as having

poorer than average performance except

as provided in paragraph (d)(6)(v) of this

section. The trial program shall be used

to evaluate the feasibility of using in the

process unit (or plant site) the pump

designs or seal technologies, and

operating and maintenance practices

that have been identified by others as

having low emission performance.

(i) The trial evaluation program shall

include on-line trials of pump seal

technologies or pump designs and

operating and maintenance practices

that have been identified in the

available literature or in analysis by

others as having the ability to perform

with leak rates below 10 percent in

similar services, as having low

probability of failure, or as having no

external actuating mechanism in contact

with the process fluid. If any of the

candidate superior performing pump

seal technologies or pumps is not

included in the performance trials, the

reasons for rejecting specific

technologies from consideration shall be

documented as required in paragraph

(e)(3)(ii) of this section.

(ii) The number of pump seal

technologies or pumps in the trial

evaluation program shall be the lesser of

1 percent or two pumps for programs

involving single process units, and the

lesser of 1 percent or five pumps for

programs involving a plant site or

groups of process units. The minimum

number of pumps or pump seal

technologies in a trial program shall be

one.

(iii) The trial evaluation program shall

specify and include documentation of

the following information:

78328 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

(A) The candidate superior

performing pump seal designs or

technologies to be evaluated, the stages

for evaluating the identified candidate

pump designs or pump seal

technologies, including the time period

necessary to test the applicability;

(B) The frequency of monitoring or

inspection of the equipment;

(C) The range of operating conditions

over which the component will be

evaluated; and

(D) Conclusions regarding the

emission performance and the

appropriate operating conditions and

services for the trial pump seal

technologies or pumps.

(iv) The performance trials shall

initially be conducted at least for a 6-

month period beginning not later than

18 months after the start of the quality

improvement program. No later than 24

months after the start of the quality

improvement program, the owner or

operator shall have identified pump seal

technologies or pump designs that,

combined with appropriate process,

operating, and maintenance practices,

operate with low emission performance

for specific applications in the process

unit. The owner or operator shall

continue to conduct performance trials

as long as no superior performing design

or technology has been identified,

except as provided in paragraph

(d)(6)(vi) of this section. The initial list

of superior emission performance pump

designs or pump seal technologies shall

be amended in the future, as

appropriate, as additional information

and experience are obtained.

(v) Any plant site with fewer than 400

valves and owned by a corporation with

fewer than 100 employees shall be

exempt from trial evaluations of pump

seals or pump designs. Plant sites

exempt from the trial evaluations of

pumps shall begin the pump seal or

pump replacement program at the start

of the fourth year of the quality

improvement program.

(vi) An owner or operator who has

conducted performance trials on all

alternative superior emission

performance technologies suitable for

the required applications in the process

unit may stop conducting performance

trials provided that a superior

performing design or technology has

been demonstrated, or there are no

technically feasible alternative superior

technologies remaining. The owner or

operator shall prepare an engineering

evaluation documenting the physical,

chemical, or engineering basis for the

judgment that the superior emission

performance technology is technically

infeasible or demonstrating that it

would not reduce emissions.

(7) Quality assurance program. Each

owner or operator shall prepare and

implement a pump quality assurance

program that details purchasing

specifications and maintenance

procedures for all pumps and pump

seals in the process unit. The quality

assurance program may establish any

number of categories, or classes, of

pumps as needed to distinguish among

operating conditions and services

associated with poorer than average

emission performance, as well as those

associated with better than average

emission performance. The quality

assurance program shall be developed

considering the findings of the data

analysis required under paragraph (d)(5)

of this section, if applicable; the

findings of the trial evaluation required

in paragraph (d)(6) of this section; and

the operating conditions in the process

unit. The quality assurance program

shall be updated each year as long as the

process unit has the greater of either 10

percent or more leaking pumps or has

three leaking pumps.

(i) The quality assurance program

shall meet the following requirements:

(A) Establish minimum design

standards for each category of pumps or

pump seal technology. The design

standards shall specify known critical

parameters such as tolerance,

manufacturer, materials of construction,

previous usage, or other applicable

identified critical parameters;

(B) Require that all equipment orders

specify the design standard (or

minimum tolerances) for the pump or

the pump seal;

(C) Provide for an audit procedure for

quality control of purchased equipment

to ensure conformance with purchase

specifications. The audit program may

be conducted by the owner or operator

of the plant site or process unit or by a

designated representative; and

(D) Detail off-line pump maintenance

and repair procedures. These

procedures shall include provisions to

ensure that rebuilt or refurbished pumps

and pump seals will meet the design

specifications for the pump category

and will operate so that emissions are

minimized.

(ii) The quality assurance program

shall be established no later than the

start of the third year of the quality

improvement program for plant sites

with 400 or more valves or 100 or more

employees, and no later than the start of

the fourth year of the quality

improvement program for plant sites

with less than 400 valves and less than

100 employees.

(8) Pump or pump seal replacement.

Beginning at the start of the third year

of the quality improvement program for

plant sites with 400 or more valves or

100 or more employees and at the start

of the fourth year of the quality

improvement program for plant sites

with less than 400 valves and less than

100 employees, the owner or operator

shall replace as described in paragraphs

(d)(8)(i) and (ii) of this section the

pumps or pump seals that are not

superior emission performance

technology with pumps or pump seals

that have been identified as superior

emission performance technology and

that comply with the quality assurance

standards for the pump category.

Superior emission performance

technology is that category or design of

pumps or pump seals with emission

performance that, when combined with

appropriate process, operating, and

maintenance practices, will result in

less than 10 percent leaking pumps for

specific applications in the process unit

or plant site. Superior emission

performance technology includes

material or design changes to the

existing pump, pump seal, seal support

system, installation of multiple

mechanical seals or equivalent, or pump

replacement.

(i) Pumps or pump seals shall be

replaced at the rate of 20 percent per

year based on the total number of

pumps in light liquid service. The

calculated value shall be rounded to the

nearest nonzero integer value. The

minimum number of pumps or pump

seals shall be one. Pump replacement

shall continue until all pumps subject to

the requirements of § 65.107 are pumps

determined to be superior performance

technology.

(ii) The owner or operator may delay

replacement of pump seals or pumps

with superior technology until the next

planned process unit shutdown

provided the number of pump seals and

pumps replaced is equivalent to the 20

percent or greater annual replacement

rate.

(iii) The pumps shall be maintained

as specified in the quality assurance

program.

(e) QIP recordkeeping. In addition to

the records required by paragraph (d)(2)

of this section, the owner or operator

shall maintain records for the period of

the quality improvement program for

the process unit as specified in

paragraphs (e)(1) through (6) of this

section.

(1) When using a pump quality

improvement program as specified in

this section, record the following

information:

(i) The rolling average percent leaking

pumps.

(ii) Documentation of all inspections

conducted under the requirements of

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78329

paragraph (d)(4) of this section and any

recommendations for design or

specification changes to reduce leak

frequency.

(iii) The beginning and ending dates

while meeting the requirements of

paragraph (d) of this section.

(2) If a leak is not repaired within 15

calendar days after discovery of the

leak, the reason for the delay and the

expected date of successful repair.

(3) Records of all analyses required in

paragraph (d) of this section. The

records will include the following

information:

(i) A list identifying areas associated

with poorer than average performance

and the associated service

characteristics of the stream, the

operating conditions, and the

maintenance practices.

(ii) The reasons for rejecting specific

candidate superior emission performing

pump technology from performance

trials.

(iii) The list of candidate superior

emission performing valve or pump

technologies and documentation of the

performance trial program items

required under paragraph (d)(6)(iii) of

this section.

(iv) The beginning date and duration

of performance trials of each candidate

superior emission performing

technology.

(4) All records documenting the

quality assurance program for pumps as

specified in paragraph (d)(7) of this

section, including records indicating

that all pumps replaced or modified

during the period of the quality

improvement program are in

compliance with the quality assurance.

(5) Records documenting compliance

with the 20 percent or greater annual

replacement rate for pumps as specified

in paragraph (d)(8) of this section.

(6) Information and data to show the

corporation has fewer than 100

employees, including employees

providing professional and technical

contracted services.

§ 65.117 Alternative means of emission

limitation: Batch processes.

(a) General requirement. As an

alternative to complying with the

requirements of §§ 65.106 through

65.114 and § 65.116, an owner or

operator of a batch process that operates

in regulated material service during the

calendar year may comply with one of

the standards specified in paragraphs (b)

and (c) of this section, or the owner or

operator may petition for approval of an

alternative standard under the

provisions of § 65.102(b). The

alternative standards of this section

provide the options of pressure testing

or monitoring the equipment for leaks.

The owner or operator may switch

among the alternatives provided the

change is documented as specified in

paragraph (b)(7) of this section.

(b) Pressure testing of the batch

equipment. The following requirements

shall be met if an owner or operator

elects to use pressure testing of batch

product-process equipment to

demonstrate compliance with this

subpart:

(1) Reconfiguration. Each time

equipment is reconfigured for

production of a different product or

intermediate, the batch product-process

equipment train shall be pressure-tested

for leaks before regulated material is

first fed to the equipment and the

equipment is placed in regulated

material service.

(i) When the batch product-process

equipment train is reconfigured to

produce a different product, pressure

testing is required only for the new or

disturbed equipment.

(ii) Each batch product-process that

operates in regulated material service

during a calendar year shall be pressuretested at least once during that calendar

year.

(iii) Pressure testing is not required

for routine seal breaks, such as changing

hoses or filters, that are not part of the

reconfiguration to produce a different

product or intermediate.

(2) Testing procedures. The batch

product-process equipment shall be

tested either using the procedures

specified in paragraph (b)(5) of this

section for pressure vacuum loss or with

a liquid using the procedures specified

in paragraph (b)(6) of this section.

(3) Leak detection. (i) For pressure or

vacuum tests using a gas, a leak is

detected if the rate of change in pressure

is greater than 6.9 kilopascals (1 pound

per square inch gauge) in 1 hour or if

there is visible, audible, or olfactory

evidence of fluid loss.

(ii) For pressure tests using a liquid,

a leak is detected if there are indications

of liquids dripping or if there is other

evidence of fluid loss.

(4) Leak repair. (i) If a leak is detected,

it shall be repaired and the batch

product-process equipment shall be

retested before startup of the process.

(ii) If a batch product-process fails the

retest (the second of two consecutive

pressure tests), it shall be repaired as

soon as practical but not later than 30

calendar days after the second pressure

test, except as specified in paragraph (e)

of this section.

(5) Gas pressure test procedure for

pressure or vacuum loss. The following

procedures shall be used to pressure test

batch product-process equipment for

pressure or vacuum loss to demonstrate

compliance with the requirements of

paragraph (b)(3)(i) of this section:

(i) The batch product-process

equipment train shall be pressurized

with a gas to a pressure less than the set

pressure of any safety relief devices or

valves or to a pressure slightly above the

operating pressure of the equipment, or

alternatively the equipment shall be

placed under a vacuum.

(ii) Once the test pressure is obtained,

the gas source or vacuum source shall

be shut off.

(iii) The test shall continue for not

less than 15 minutes unless it can be

determined in a shorter period of time

that the allowable rate of pressure drop

or of pressure rise was exceeded. The

pressure in the batch product-process

equipment shall be measured after the

gas or vacuum source is shut off and at

the end of the test period. The rate of

change in pressure in the batch productprocess equipment shall be calculated

using Equation 117–1 of this section:

∆ Pt P P t t f i fi ( ) / / = − ( ) ( ) − (Eq. 117-1)

Where:

∆(P/t) = Change in pressure, pounds per

square inch gauge/hr.

Pf = Final pressure, pounds per square

inch gauge.

Pi = Initial pressure, pounds per square

inch gauge.

tf ¥ ti = Elapsed time, hours.

(iv) The pressure shall be measured

using a pressure measurement device

(gauge, manometer, or equivalent) that

has a precision of ±2.5 millimeters

mercury (0.10 inch of mercury) in the

range of test pressure and is capable of

measuring pressures up to the relief set

pressure of the pressure relief device. If

such a pressure measurement device is

not reasonably available, the owner or

operator shall use a pressure

measurement device with a precision of

at least ±10 percent of the test pressure

78330 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

of the equipment and shall extend the

duration of the test for the time

necessary to detect a pressure loss or

rise that equals a rate of 1 pound per

square inch gauge per hour (7

kilopascals per hour).

(v) An alternative procedure may be

used for leak testing the equipment if

the owner or operator demonstrates the

alternative procedure is capable of

detecting a pressure loss or rise.

(6) Pressure test procedure using test

liquid. The following procedures shall

be used to pressure test batch productprocess equipment using a liquid to

demonstrate compliance with the

requirements of paragraph (b)(3)(ii) of

this section:

(i) The batch product-process

equipment train or section of the

equipment train shall be filled with the

test liquid (for example, water, alcohol)

until normal operating pressure is

obtained. Once the equipment is filled,

the liquid source shall be shut off.

(ii) The test shall be conducted for a

period of at least 60 minutes unless it

can be determined in a shorter period of

time that the test is a failure.

(iii) Each seal in the equipment being

tested shall be inspected for indications

of liquid dripping or other indications

of fluid loss. If there are any indications

of liquids dripping or of fluid loss, a

leak is detected.

(iv) An alternative procedure may be

used for leak testing the equipment if

the owner or operator demonstrates the

alternative procedure is capable of

detecting losses of fluid.

(7) Pressure testing recordkeeping.

The owner or operator of a batch

product-process who elects to pressure

test the batch product-process

equipment train to demonstrate

compliance with this subpart shall

maintain records of the information

specified in paragraphs (b)(7)(i) through

(v) of this section.

(i) The identification of each product

or product code produced during the

calendar year. It is not necessary to

identify individual items of equipment

in a batch product-process equipment

train.

(ii) Physical tagging of the equipment

to identify that it is in regulated material

service and subject to the provisions of

this subpart is not required. Equipment

in a batch product-process subject to the

provisions of this subpart may be

identified on a plant site plan, in log

entries, or by other appropriate

methods.

(iii) The dates of each pressure test

required in paragraph (b) of this section,

the test pressure, and the pressure drop

observed during the test.

(iv) Records of any visible, audible, or

olfactory evidence of fluid loss.

(v) When a batch product-process

equipment train does not pass two

consecutive pressure tests, as specified

in paragraph (b)(4)(ii) of this section, the

following information shall be recorded

in a log and kept for 2 years:

(A) The date of each pressure test and

the date of each leak repair attempt;

(B) Repair methods applied in each

attempt to repair the leak;

(C) The reason for the delay of repair;

(D) The expected date for delivery of

the replacement equipment and the

actual date of delivery of the

replacement equipment; and

(E) The date of successful repair.

(c) Equipment monitoring. The

following requirements shall be met if

an owner or operator elects to monitor

the equipment in a batch process to

detect leaks by the method specified in

§ 65.104(b) and (c) to demonstrate

compliance with this subpart:

(1) The owner or operator shall

comply with the requirements of

§§ 65.106 through 65.116 as modified by

paragraphs (c)(2) through (4) of this

section.

(2) The equipment shall be monitored

for leaks by the method specified in

§ 65.104(b) and (c) when the equipment

is in regulated material service or is in

use with any other detectable material.

(3) The equipment shall be monitored

for leaks as specified in the following:

(i) Each time the equipment is

reconfigured for the production of a new

product, the reconfigured equipment

shall be monitored for leaks within 30

days of startup of the process. This

initial monitoring of reconfigured

equipment shall not be included in

determining percent leaking equipment

in the process unit.

(ii) Connectors shall be monitored in

accordance with the requirements in

§ 65.108.

(iii) Equipment other than connectors

shall be monitored at the frequencies

specified in table 1 to this subpart. The

operating time shall be determined as

the proportion of the year the batch

product-process that is subject to the

provisions of this subpart is operating.

(iv) The monitoring frequencies

specified in paragraph (c)(3)(iii) of this

section are not requirements for

monitoring at specific intervals and can

be adjusted to accommodate process

operations. An owner or operator may

monitor anytime during the specified

monitoring period (for example, month,

quarter, year), provided the monitoring

is conducted at a reasonable interval

after completion of the last monitoring

campaign. For example, if the

equipment is not operating during the

scheduled monitoring period, the

monitoring can be done during the next

period when the process is operating.

(4) If a leak is detected, it shall be

repaired as soon as practical but not

later than 15 calendar days after it is

detected except as provided in

paragraph (e) of this section.

(d) Added equipment recordkeeping.

(1) For batch product-process units that

the owner or operator elects to monitor

as provided under paragraph (c) of this

section, the owner or operator shall

prepare a list of equipment added to

batch product-process units since the

last monitoring period required in

paragraphs (c)(3)(ii) and (iii) of this

section.

(2) Maintain records demonstrating

the proportion of the time during the

calendar year the equipment is in use in

a batch process that is subject to the

provisions of this subpart. Examples of

suitable documentation are records of

time in use for individual pieces of

equipment or average time in use for the

process unit. These records are not

required if the owner or operator does

not adjust monitoring frequency by the

time in use, as provided in paragraph

(c)(3)(iii) of this section.

(3) Record and keep pursuant to § 65.4

the date and results of the monitoring

required in paragraph (c)(3)(i) of this

section for equipment added to a batch

product-process unit since the last

monitoring period required in

paragraphs (c)(3)(ii) and (iii) of this

section. If no leaking equipment is

found during this monitoring, the owner

or operator shall record that the

inspection was performed. Records of

the actual monitoring results are not

required.

(e) Delay of repair. Delay of repair of

equipment for which leaks have been

detected is allowed if the replacement

equipment is not available provided the

following conditions are met:

(1) Equipment supplies have been

depleted and supplies had been

sufficiently stocked before the supplies

were depleted.

(2) The repair is made no later than

10 calendar days after delivery of the

replacement equipment.

(f) Periodic report contents. For

owners or operators electing to meet the

requirements of paragraph (b) of this

section, the following periodic report to

be filed pursuant to § 65.120(b) shall

include the following information for

each process unit:

(1) Batch product-process equipment

train identification;

(2) The number of pressure tests

conducted;

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78331

(3) The number of pressure tests

where the equipment train failed the

pressure test; and

(4) The facts that explain any delay of

repairs.

§ 65.118 Alternative means of emission

limitation: Enclosed-vented process units.

(a) Use of closed vent system and

control device. Process units that are

enclosed in such a manner that all

emissions from equipment leaks are

routed to a process or fuel gas system or

collected and vented through a closed

vent system to a control device meeting

the requirements of § 65.115 are exempt

from the requirements of §§ 65.106

through 65.114 and § 65.116. The

enclosure shall be maintained under a

negative pressure at all times while the

process unit is in operation to ensure

that all emissions are routed to a control

device.

(b) Recordkeeping. Owners and

operators choosing to comply with the

requirements of this section shall

maintain the following records:

(1) Identification of the process unit(s)

and the regulated materials they handle.

(2) A schematic of the process unit,

enclosure, and closed vent system.

(3) A description of the system used

to create a negative pressure in the

enclosure to ensure that all emissions

are routed to the control device.

§ 65.119 Recordkeeping provisions.

(a) Recordkeeping system. An owner

or operator of more than one regulated

source subject to the provisions of this

subpart may comply with the

recordkeeping requirements for these

regulated sources in one recordkeeping

system. The recordkeeping system shall

identify each record by regulated source

and the type of program being

implemented (for example, quarterly

monitoring, quality improvement) for

each type of equipment. The records

required by this subpart are summarized

in paragraphs (b) and (c) of this section.

(b) General equipment leak records.

(1) As specified in § 65.103(a) through

(c), the owner or operator shall keep

general and specific equipment

identification if the equipment is not

physically tagged and the owner or

operator is electing to identify the

equipment subject to subpart F of this

part through written documentation

such as a log or other designation.

(2) The owner or operator shall keep

a written plan as specified in

§ 65.103(c)(4) for any equipment that is

designated as unsafe- or difficult-tomonitor.

(3) The owner or operator shall

maintain a record of the identity and an

explanation as specified in

§ 65.103(d)(2) for any equipment that is

designated as unsafe to repair.

(4) As specified in § 65.103(e), the

owner or operator shall maintain a

record of the identity of compressors

operating with an instrument reading of

less than 500 parts per million.

(5) The owner or operator shall keep

records associated with the

determination that equipment is in

heavy liquid service as specified in

§ 65.103(f).

(6) The owner or operator shall keep

records for leaking equipment as

specified in § 65.104(e)(2).

(7) The owner or operator shall keep

records for leak repair as specified in

§ 65.105(f) and records for delay of

repair as specified in § 65.105(d).

(8) For instrument response factor

criteria determinations performed

pursuant to § 65.104(b)(2)(i), the owner

or operator shall maintain a record of an

engineering assessment that identifies

the representative composition of the

process fluid. The assessment shall be

based on knowledge of the compounds

present in the process, similarity of

response factors for the materials

present, the range of compositions

encountered during monitoring, or other

information available to the owner or

operator.

(9) The owner or operator shall keep

records of the detection limit calibration

as specified in § 65.104(b)(3).

(c) Specific equipment leak records.

(1) For valves, the owner or operator

shall maintain the following records:

(i) The monitoring schedule for each

process unit as specified in

§ 65.106(b)(3)(v).

(ii) The valve subgrouping records

specified in § 65.106(b)(4)(iv), if

applicable.

(2) For pumps, the owner or operator

shall maintain the following records:

(i) Documentation of pump visual

inspections as specified in

§ 65.107(b)(4).

(ii) Documentation of dual

mechanical seal pump visual

inspections as specified in

§ 65.107(e)(1)(v).

(iii) For the criteria as to the presence

and frequency of drips for dual

mechanical seal pumps, records of the

design criteria and explanations and any

changes and the reason for the changes,

as specified in § 65.107(e)(1)(i).

(3) For connectors, the owner or

operator shall maintain the records

specified in § 65.108(b)(3)(v) which

identify a monitoring schedule for each

process unit.

(4) For agitators, the owner or

operator shall maintain the following

records:

(i) Documentation of agitator seal

visual inspections as specified in

§ 65.109(b)(3).

(ii) For agitators equipped with a dual

mechanical seal system that includes

barrier fluid system, the owner or

operator shall keep records as specified

in § 65.109(e)(1)(vi)(B).

(iii) Documentation of the dual

mechanical seal agitator seal visual

inspections as specified in

§ 65.109(e)(1)(iv).

(5) For pressure relief devices in gas/

vapor or light liquid service, the owner

or operator shall keep records of the

dates and results of monitoring

following a pressure release, as

specified in § 65.111(c)(3), or the date

the rupture disk is replaced as specified

in § 65.111(e).

(6) For compressors, the owner or

operator shall maintain the following

records:

(i) For criteria as to failure of the seal

system and/or the barrier fluid system,

record the design criteria and

explanations and any changes and the

reason for the changes, as specified in

§ 65.112(d)(2).

(ii) For compressors operating under

the alternative compressor standard,

record the dates and results of each

compliance test as specified in

§ 65.112(f)(2).

(7) For a pump QIP program, the

owner or operator shall maintain the

following records:

(i) Individual pump records as

specified in § 65.116(d)(2).

(ii) Trial evaluation program

documentation as specified in

§ 65.116(d)(6)(iii).

(iii) Engineering evaluation

documenting the basis for judgement

that superior emission performance

technology is not applicable as specified

in § 65.116(d)(6)(vi).

(iv) Quality assurance program

documentation as specified in

§ 65.116(d)(7).

(v) QIP records as specified in

§ 65.116(e).

(8) For process units complying with

the batch process unit alternative, the

owner or operator shall maintain the

following records:

(i) Pressure test records as specified in

§ 65.117(b)(7).

(ii) Records for equipment added to

the process unit as specified in

§ 65.117(d).

(9) For process units complying with

the enclosed-vented process unit

alternative, the owner or operator shall

maintain the records for enclosedvented process units as specified in

§ 65.118(b).

78332 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

§ 65.120 Reporting provisions.

(a) Initial Compliance Status Report.

Unless the information specified in

paragraphs (a)(1) through (3) of this

section has previously been submitted

under the referencing subpart, each

owner or operator shall submit an Initial

Compliance Status Report according to

the procedures in § 65.5(d). The

notification shall include the

information listed in paragraphs (a)(1)

through (3) of this section, as applicable.

(1) The notification shall provide the

following information for each process

unit subject to the requirements of this

subpart:

(i) Process unit identification;

(ii) Number of each equipment type

(for example, valves, pumps) excluding

equipment in vacuum service; and

(iii) Method of compliance with the

standard (for example, ‘‘monthly leak

detection and repair’’ or ‘‘equipped with

dual mechanical seals’’).

(2) The notification shall provide the

following information for each process

unit subject to the requirements of

§ 65.117(b):

(i) Batch products or product codes

subject to the provisions of this subpart;

and

(ii) Planned schedule for pressure

testing when equipment is configured

for production of products subject to the

provisions of this subpart.

(3) The notification shall provide the

following information for each process

unit subject to the requirements in

§ 65.118:

(i) Process unit identification;

(ii) A description of the system used

to create a negative pressure in the

enclosure, and the control device used

to comply with the requirements of

subpart G of this part.

(b) Periodic reports. The owner or

operator shall report the information

specified in paragraphs (b)(1) through

(9) of this section, as applicable, in the

periodic report specified in § 65.5(e).

(1) For the equipment specified in

paragraphs (b)(1)(i) through (v) of this

section, report in a summary format by

equipment type the number of

components for which leaks were

detected, and for valves, pumps, and

connectors show the percent leakers and

the total number of components

monitored. Also include the number of

leaking components that were not

repaired as required by § 65.105(a), and

for valves identify the number of

components that are determined by

§ 65.106(c)(3) to be nonrepairable.

(i) Valves in gas/vapor service and in

light liquid service pursuant to

§ 65.106(b) and (c).

(ii) Pumps in light liquid service

pursuant to § 65.107(b) and (c).

(iii) Connectors in gas/vapor service

and in light liquid service pursuant to

§ 65.108(b) and (c).

(iv) Agitators in gas/vapor service and

in light liquid service pursuant to

§ 65.109(b).

(v) Compressors pursuant to

§ 65.112(d).

(2) Where any delay of repair is

utilized pursuant to § 65.105(d), report

that delay of repair has occurred and

report the number of instances of delay

of repair.

(3) If applicable, report the valve

subgrouping information specified in

§ 65.106(b)(4)(iv).

(4) For pressure relief devices in gas/

vapor service pursuant to § 65.111(b)

and for compressors pursuant to

§ 65.112(f) that are to be operated at a

leak detection instrument reading of less

than 500 parts per million, report the

results of all monitoring to show

compliance conducted within the

semiannual reporting period.

(5) Report, if applicable, the initiation

of a monthly monitoring program for

valves pursuant to § 65.106(b)(3)(i).

(6) Report, if applicable, the initiation

of a quality improvement program for

pumps pursuant to § 65.116.

(7) [Reserved]

(8) Where the alternative means of

emissions limitation for batch processes

is utilized, report the information listed

in § 65.117(f).

(9) Report the information listed in

paragraph (a) of this section for the

Initial Compliance Status Report for

process units with later compliance

dates. Report any revisions to items

reported in an earlier Initial Compliance

Status Report if the method of

compliance has changed since the last

report.

§§ 65.121—65.139 [Reserved]

TABLE 1 TO SUBPART F OF PART 65.—BATCH PROCESSES MONITORING FREQUENCY FOR EQUIPMENT OTHER THAN

CONNECTORS

Operating time

(percent of year)

Equivalent continuous process monitoring frequency 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.

Subpart G—Closed Vent Systems,

Control Devices, and Routing to a Fuel

Gas System or a Process

§ 65.140 Applicability.

The provisions of this subpart and of

subpart A of this part (including the

startup, shutdown, and malfunction

provisions in § 65.6) apply to routing

emissions to processes, fuel gas systems,

closed vent systems, control devices,

and recovery devices where another

subpart expressly references the use of

this subpart.

§ 65.141 Definitions.

All terms used in this subpart shall

have the meaning given them in the Act

and in subpart A of this part. If a term

is defined in both subpart A of this part

and in other subparts that reference the

use of this subpart, the term shall have

the meaning given in subpart A of this

part for purposes of this subpart.

§ 65.142 Standards.

(a) Storage vessel requirements. The

owner or operator expressly referenced

to this subpart from subpart C of this

part shall comply with the following

requirements, as applicable:

(1) Closed vent system and flare.

Owners or operators subject to

§ 65.42(b)(4) who route storage vessel

emissions through a closed vent system

to a flare shall meet the requirements in

§ 65.143 for closed vent systems;

§ 65.147 for flares; and § 65.157(a), (b),

and (c) for provisions regarding flare

compliance determinations; and the

monitoring, recordkeeping, and

reporting requirements referenced

therein. No other provisions of this

subpart apply to storage vessel

emissions routed through a closed vent

system to a flare.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78333

(2) Closed vent system and nonflare

control device. Owners or operators

subject to § 65.42(b)(5) who route

storage vessel emissions through a

closed vent system to a nonflare control

device shall meet the requirements in

§ 65.143 for closed vent systems and

§ 65.145 for nonflare control devices

and the monitoring, recordkeeping, and

reporting requirements referenced

therein. No other provisions of this

subpart apply to storage vessel

emissions routed through a closed vent

system to a nonflare control device

unless specifically required in the

monitoring plan submitted under

§ 65.145(c).

(3) Route to a fuel gas system or

process. Owners or operators subject to

§ 65.42(b)(6) who route storage vessel

emissions to a fuel gas system or to a

process shall meet the requirements in

§ 65.144 and the monitoring,

recordkeeping, and reporting

requirements referenced therein. No

other provisions of this subpart apply to

storage vessel emissions being routed to

a fuel gas system or to a process.

(b) Process vent requirements. The

owner or operator expressly referenced

to this subpart from subpart D of this

part or 40 CFR part 60, subpart DDD,

shall comply with the following

requirements, as applicable:

(1) Flare. Owners or operators subject

to § 65.63(a)(1) or 40 CFR 60.562–

1(a)(1)(i)(C) who route process vent

emissions to a flare shall meet the

applicable requirements in § 65.143 for

closed vent systems; § 65.147 for flares;

and § 65.157(a), (b), and (c) for

provisions regarding flare compliance

determinations; and the monitoring,

recordkeeping, and reporting

requirements referenced therein. No

other provisions of this subpart apply to

process vent emissions routed through a

closed vent system to a flare.

(2) Nonflare control device. Owners or

operators subject to § 65.63(a)(2) or 40

CFR 60.562–1(a)(1)(i)(A) or (B) who

route process vent emissions to a

nonflare control device shall meet the

applicable requirements in § 65.143 for

closed vent systems; the requirements

applicable to the control devices being

used in §§ 65.148 through 65.152 or

§ 65.155; the applicable general

monitoring requirements of § 65.156; the

applicable performance test

requirements and procedures of

§§ 65.157 and 65.158; and the

monitoring, recordkeeping, and

reporting requirements referenced

therein. Owners or operators subject to

the halogen reduction device

requirements of § 65.63(b)(1) must also

comply with § 65.154 and the

monitoring, recordkeeping, and

reporting requirements referenced

therein. The requirements of §§ 65.144

through 65.146 do not apply to process

vents. No other provisions of this

subpart apply to process vent emissions

routed through a closed vent system to

a nonflare control device.

(3) Final recovery devices. Owners or

operators subject to § 65.63(a)(3) who

use a final recovery device to maintain

the TRE index value of a Group 2A

process vent above 1.0 shall meet the

requirements in § 65.153, and the

monitoring, recordkeeping, and

reporting requirements referenced

therein applicable to the recovery

device being used and the applicable

monitoring requirements in § 65.156,

and the recordkeeping and reporting

requirements referenced therein, except

for § 65.156(c)(2)(ii). No other

provisions of this subpart apply to

Group 2A process vents.

(c) Transfer rack requirements. The

owner or operator expressly referenced

to this subpart from subpart E of this

part shall comply with the following

requirements, as applicable:

(1) Closed vent system and flare.

Owners or operators subject to

§ 65.83(a)(2) who route transfer rack

emissions through a closed vent system

to a flare shall meet the applicable

requirements in § 65.143 for closed vent

systems; § 65.147 for flares; and

§ 65.157(a), (b), and (c) for provisions

regarding flare compliance

determinations; and the monitoring,

recordkeeping, and reporting

requirements referenced therein. No

other provisions of this subpart apply to

transfer rack emissions routed through a

closed vent system to a flare.

(2) Closed vent system and nonflare

control device for low-throughput

transfer racks. Owners or operators of

low-throughput transfer racks subject to

§ 65.83(a)(1) who route low-throughput

transfer rack emissions through a closed

vent system to a nonflare control device

shall meet the applicable requirements

in § 65.143 for closed vent systems and

§ 65.145 for nonflare control devices

and the monitoring, recordkeeping, and

reporting requirements referenced

therein. Owners or operators subject to

the halogen reduction requirements of

§ 65.83(b)(1) must also comply with the

recordkeeping requirement of

§ 65.160(d) and the reporting

requirement of § 65.165(d). No other

provisions of this subpart apply to lowthroughput transfer rack emissions

routed through a closed vent system to

a nonflare control device unless

specifically required in the monitoring

plan submitted under § 65.145(c).

(3) Closed vent system and nonflare

control devices for high-throughput

transfer racks. Owners or operators of

high-throughput transfer racks subject to

§ 65.83(a)(1) who route high-throughput

transfer rack emissions through a closed

vent system to a nonflare control device

shall meet the applicable requirements

in § 65.143 for closed vent systems; the

requirements applicable to the control

device being used in §§ 65.148 through

65.152 or § 65.155; the applicable

general monitoring of § 65.156; the

applicable performance test

requirements and procedures of

§§ 65.157 and 65.158; and the

monitoring, recordkeeping, and

reporting requirements referenced

therein. Owners or operators subject to

the halogen reduction device

requirements of § 65.83(b)(1) must also

comply with § 65.154 and the

monitoring, recordkeeping, and

reporting requirements referenced

therein. The requirements of §§ 65.144

through 65.146 do not apply to highthroughput transfer rack emissions

routed through a closed vent system to

a nonflare control device. No other

provisions of this subpart apply to highthroughput transfer rack emissions

routed through a closed vent system to

a nonflare control device.

(4) Route to a fuel gas system or to a

process. Owners or operators subject to

§ 65.83(a)(4) of this part who route

transfer rack emissions to a fuel gas

system or to a process shall meet the

applicable requirements in § 65.144 and

the monitoring, recordkeeping, and

reporting requirements referenced

therein. No other provisions of this

subpart apply to transfer rack emissions

being routed to a fuel gas system or to

a process.

(d) Equipment leak requirements. The

owner or operator expressly referenced

to this subpart from subpart F of this

part shall comply with the following

requirements, as applicable:

(1) Closed vent system and flare.

Owners or operators subject to

§ 65.115(b) who route equipment leak

emissions through a closed vent system

to a flare shall meet the requirements in

§ 65.143 for closed vent systems;

§ 65.147 for flares; and § 65.157(a), (b),

and (c) for provisions regarding flare

compliance determinations; and the

monitoring, recordkeeping, and

reporting requirements referenced

therein. No other provisions of this

subpart apply to equipment leak

emissions routed through a closed vent

system to a flare.

(2) Closed vent system and nonflare

control device. Owners or operators

subject to § 65.115(b) who route

equipment leak emissions through a

closed vent system to a nonflare control

device shall meet the requirements in

78334 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

§ 65.143 for closed vent systems,

§ 65.146 for nonflare control devices

used for equipment leak emissions, and

the monitoring, recordkeeping, and

reporting requirements referenced

therein. No other provisions of this

subpart apply to equipment leak

emissions routed through a closed vent

system to a nonflare control device.

(3) Route to a fuel gas system or to a

process. Owners or operators subject to

§ 65.115(b) who route equipment leak

emissions to a fuel gas system or to a

process shall meet the requirements in

§ 65.144 and the monitoring,

recordkeeping, and reporting

requirements referenced therein. No

other provisions of this subpart apply to

equipment leak emissions being routed

to a fuel gas system or to a process.

(e) Combined emissions. When

emissions of different kinds (for

example, emissions from process vents,

transfer racks, and/or storage vessels)

are combined, the owner or operator

shall comply with the requirements of

either paragraph (e)(1) or (2) of this

section:

(1) Comply with the applicable

requirements of this subpart for each

kind of emissions in the stream (for

example, the requirements of § 65.142(b)

for process vents, and the requirements

of § 65.142(c) for transfer racks); or

(2) Comply with the first set of

requirements identified in paragraphs

(e)(2)(i) through (iii) of this section

which applies to any individual

emission stream that is included in the

combined stream. Compliance with the

first applicable set of requirements

identified in paragraphs (e)(2)(i) through

(iii) of this section constitutes

compliance with all other requirements

in paragraphs (e)(2)(i) through (iii) of

this section applicable to other types of

emissions in the combined stream. The

hierarchy is as follows:

(i) The requirements of § 65.142(b) for

Group 1 process vents, including

applicable monitoring, recordkeeping,

and reporting;

(ii) The requirements of § 65.142(c) for

high-throughput transfer racks,

including applicable monitoring,

recordkeeping, and reporting;

(iii) The requirements of § 65.142(a)

for control of emissions from storage

vessels or low-throughput transfer racks,

including monitoring, recordkeeping,

and reporting.

§ 65.143 Closed vent systems.

(a) Closed vent system equipment and

operating requirements. The provisions

of paragraph (a) of this section apply to

closed vent systems collecting regulated

material from a storage vessel, process

vent, transfer rack, or equipment leaks.

(1) Collection of emissions. Each

closed vent system shall be designed

and operated to collect the regulated

material vapors from the emission point

and to route the collected vapors to a

control device.

(2) Period of operation. Closed vent

systems used to comply with the

provisions of this subpart shall be

operated at all times when emissions are

vented to them.

(3) Bypass monitoring. Except for

pressure relief devices needed for safety

purposes, low leg drains, high point

bleeds, analyzer vents, and open-ended

valves or lines, the owner or operator

shall comply with either of the

following provisions for each closed

vent system that contains bypass lines

that could divert a vent stream to the

atmosphere:

(i) Properly install, maintain, and

operate a flow indicator that takes a

reading at least once every 15 minutes.

Records shall be generated as specified

in § 65.163(a)(1)(i). The flow indicator

shall be installed at the entrance to any

bypass line.

(ii) Secure the bypass line valve in the

non-diverting position with a car-seal or

a lock-and-key type configuration. A

visual inspection of the seal or closure

mechanism shall be performed at least

once every month to ensure the valve is

maintained in the non-diverting

position and the vent stream is not

diverted through the bypass line.

Records shall be generated as specified

in § 65.163(a)(1)(ii).

(4) Loading arms at transfer racks.

Each closed vent system collecting

regulated material from a transfer rack

shall be designed and operated so that

regulated material vapors collected at

one loading arm will not pass through

another loading arm in the rack to the

atmosphere.

(5) Pressure relief devices in a transfer

rack’s closed vent system. The owner or

operator of a transfer rack subject to the

provisions of this subpart shall ensure

that no pressure relief device in the

transfer rack’s closed vent system shall

open to the atmosphere during loading.

Pressure relief devices needed for safety

purposes are not subject to paragraph

(a)(5) of this section.

(b) Closed vent system inspection

requirements. The provisions of

paragraph (b) of this section apply to

closed vent systems collecting regulated

material from a storage vessel, transfer

rack or equipment leaks. Inspection

records shall be generated as specified

in § 65.163(a)(3) and (4).

(1) Except for closed vent systems

operated and maintained under negative

pressure and as provided in paragraphs

(b)(2) and (3) of this section, each closed

vent system shall be inspected as

specified in paragraph (b)(1)(i) or (ii) of

this section.

(i) If the closed vent system is

constructed of hard-piping, the owner or

operator shall comply with the

following requirements:

(A) Conduct an initial inspection

according to the procedures in

paragraph (c) of this section; and

(B) Conduct annual visual inspections

for visible, audible, or olfactory

indications of leaks.

(ii) If the closed vent system is

constructed of ductwork, the owner or

operator shall conduct an initial and

annual inspection according to the

procedures in paragraph (c) of this

section.

(2) Any parts of the closed vent

system that are designated as described

in § 65.163(a)(2) as unsafe to inspect are

exempt from the inspection

requirements of paragraph (b)(1) of this

section if the following conditions are

met:

(i) The owner or operator determines

that the equipment is unsafe to inspect

because inspecting personnel would be

exposed to an imminent or potential

danger as a consequence of complying

with paragraph (b)(1) of this section;

and

(ii) The owner or operator has a

written plan that requires inspection of

the equipment as frequently as practical

during safe-to-inspect times. Inspection

is not required more than once

annually.

(3) Any parts of the closed vent

system that are designated, as described

in § 65.163(a)(2), as difficult-to-inspect

are exempt from the inspection

requirements of paragraph (b)(1) of this

section if the following provisions

apply:

(i) The owner or operator determines

that the equipment cannot be inspected

without elevating the inspecting

personnel more than 2 meters (7 feet)

above a support surface; and

(ii) The owner or operator has a

written plan that requires inspection of

the equipment at least once every 5

years.

(c) Closed vent system inspection

procedures. The provisions of paragraph

(c) of this section apply to closed vent

systems collecting regulated material

from a storage vessel, transfer rack, or

equipment leaks.

(1) Each closed vent system subject to

paragraph (c) of this section shall be

inspected according to the procedures

specified in paragraphs (c)(1)(i) through

(vii) of this section.

(i) Inspections shall be conducted in

accordance with Method 21 of appendix

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78335

A of 40 CFR part 60 except as specified

in this section.

(ii) Except as provided in paragraph

(c)(1)(iii) of this section, the detection

instrument shall meet the performance

criteria of Method 21 of appendix A of

40 CFR part 60, except the instrument

response factor criteria in section

3.1.2(a) of Method 21 shall be for the

representative composition of the

process fluid not each individual

organic compound in the stream. For

process streams that contain nitrogen,

air, water, or other inerts that are not

organic hazardous air pollutants or

volatile organic compounds, the

response factor shall be determined on

an inert-free basis. The response factor

may be determined at any concentration

for which the monitoring for leaks will

be conducted. Maintain the record

specified by § 65.163(a)(5).

(iii) If no instrument is available at the

plant site that will meet the

performance criteria specified in

paragraph (c)(1)(ii) of this section, the

instrument readings may be adjusted by

multiplying by the representative

response factor of the process fluid

calculated on an inert-free basis as

described in paragraph (c)(1)(ii) of this

section.

(iv) The detection instrument shall be

calibrated before use on each day of its

use by the procedures specified in

Method 21 of appendix A of 40 CFR part

60.

(v) Calibration gases shall be as

specified in the following:

(A) Zero air (less than 10 parts per

million hydrocarbon in air).

(B) Mixtures of methane in air at a

concentration less than 10,000 parts per

million. A calibration gas other than

methane in air may be used if the

instrument does not respond to methane

or if the instrument does not meet the

performance criteria specified in

paragraph (c)(1)(ii) of this section. In

such cases, the calibration gas may be a

mixture of one or more of the

compounds to be measured in air.

(C) If the detection instrument’s

design allows for multiple calibration

scales, then the lower scale shall be

calibrated with a calibration gas that is

no higher than 2,500 parts per million.

(vi) An owner or operator may elect

to adjust or not adjust instrument

readings for background. If an owner or

operator elects not to adjust readings for

background, all such instrument

readings shall be compared directly to

500 parts per million to determine

whether there is a leak. If an owner or

operator elects to adjust instrument

readings for background, the owner or

operator shall measure background

concentration using the procedures in

this section. The owner or operator shall

subtract the background reading from

the maximum concentration indicated

by the instrument.

(vii) If the owner or operator elects to

adjust for background, the arithmetic

difference between the maximum

concentration indicated by the

instrument and the background level

shall be compared with 500 parts per

million for determining whether there is

a leak.

(2) The instrument probe shall be

traversed around all potential leak

interfaces as close to the interface as

possible as described in Method 21 of

appendix A of 40 CFR part 60.

(3) Except as provided in paragraph

(c)(4) of this section, inspections shall

be performed when the equipment is in

regulated material service or in use with

any other detectable gas or vapor.

(4) Inspections of the closed vent

system collecting regulated material

from a transfer rack shall be performed

only while a tank truck or railcar is

being loaded or is otherwise pressurized

to normal operating conditions with

regulated material or any other

detectable gas or vapor.

(d) Closed vent system leak repair

provisions. The provisions of paragraph

(d) of this section apply to closed vent

systems collecting regulated material

from a storage vessel, transfer rack, or

equipment leak.

(1) If there are visible, audible, or

olfactory indications of leaks at the time

of the annual visual inspections

required by paragraph (b)(1)(i)(B) of this

section, the owner or operator shall

follow either of the following

procedures:

(i) The owner or operator shall

eliminate the indications of the leak.

(ii) The owner or operator shall

monitor the equipment according to the

procedures in paragraph (c) of this

section.

(2) Leaks as indicated by an

instrument reading greater than 500

parts per million by volume above

background shall be repaired as soon as

practical except as provided in

paragraph (d)(3) of this section. Records

shall be generated as specified in

§ 65.163(a)(3) when a leak is detected.

(i) A first attempt at repair shall be

made no later than 5 calendar days after

the leak is detected.

(ii) Except as provided in paragraph

(d)(3) of this section, repairs shall be

completed no later than 15 calendar

days after the leak is detected or at the

beginning of the next introduction of

vapors to the system, whichever is later.

(3) Delay of repair of a closed vent

system for which leaks have been

detected is allowed if repair within 15

days after a leak is detected is

technically infeasible without a closed

vent system shutdown, as defined in

§ 65.2, or if the owner or operator

determines that emissions resulting

from immediate repair would be greater

than the emissions likely to result from

delay of repair. Repair of such

equipment shall be completed as soon

as practical, but not later than the end

of the next closed vent system

shutdown.

§ 65.144 Fuel gas systems and processes

to which storage vessel, transfer rack, or

equipment leak regulated material

emissions are routed.

(a) Equipment and operating

requirements for fuel gas systems and

processes. (1) Except during periods of

startup, shutdown, and malfunction as

specified in § 65.3(a), the fuel gas

system or process shall be operating at

all times when regulated material

emissions are routed to it.

(2) The owner or operator of a transfer

rack subject to the provisions of this

subpart shall ensure that no pressure

relief device in the transfer rack’s

system returning vapors to a fuel gas

system or process shall open to the

atmosphere during loading. Pressure

relief devices needed for safety purposes

are not subject to this paragraph (a)(2).

(3) Each process piping system

collecting regulated material from a

transfer rack shall be designed and

operated so that regulated material

vapors collected at one loading arm will

not pass through another loading arm in

the rack to the atmosphere.

(b) Fuel gas system and process

compliance determination. (1) If

emissions are routed to a fuel gas

system, there is no requirement to

conduct a performance test or design

evaluation.

(2) For storage vessels and transfer

racks, and if emissions are routed to a

process, the regulated material in the

emissions shall predominantly meet one

of, or a combination of, the following

conditions, and the compliance

demonstration requirements in

paragraph (b)(3) of this section, if

applicable:

(i) Recycled and/or consumed in the

same manner as a material that fulfills

the same function in that process;

(ii) Transformed by chemical reaction

into materials that are not regulated

materials;

(iii) Incorporated into a product; and/

or

(iv) Recovered.

(3) To demonstrate compliance with

paragraph (b)(2) of this section for a

storage vessel, the owner or operator

shall prepare a design evaluation (or

78336 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

engineering assessment) that

demonstrates the extent to which one or

more of the conditions specified in

paragraphs (b)(2)(i) through (iv) of this

section are being met. The owner or

operator shall submit the design

evaluation as specified in § 65.165(a)(1).

(c) Statement of connection to fuel gas

system. For storage vessels and transfer

racks, the owner or operator shall

submit the statement of connection

reports for fuel gas systems specified in

§ 65.165(a)(2) and/or (a)(3), as

appropriate.

§ 65.145 Nonflare control devices used to

control emissions from storage vessels or

low-throughput transfer racks.

(a) Nonflare control device equipment

and operating requirements. The owner

or operator shall operate and maintain

the nonflare control device, including a

halogen reduction device for a lowthroughput transfer rack, so that the

monitored parameters defined as

required in paragraph (c) of this section

remain within the ranges specified in

the Initial Compliance Status Report

whenever emissions of regulated

material are routed to the control device

and halogen reduction device, except

during periods of startup, shutdown,

and malfunction as specified in

§ 65.3(a).

(b) Nonflare control device design

evaluation or performance test

requirements. When using a control

device other than a flare, the owner or

operator shall comply with the

requirements in paragraph (b)(1)(i), (ii),

or (iii) of this section except as provided

in paragraph (b)(2) of this section.

Owners or operators of halogenated lowthroughput transfer rack vent streams

routed to a combustion device and then

to a halogen reduction device to meet

the specifications of § 65.83(b)(1), must

also meet the requirements of paragraph

(b)(3) of this section.

(1) Unless a design evaluation or

performance test as required in the

referencing subpart was previously

conducted and submitted for the storage

vessel or low-throughput transfer rack,

the owner or operator shall either

prepare and submit with the Initial

Compliance Status Report, as specified

in § 65.165(b), a design evaluation that

includes the information specified in

paragraph (b)(1)(i) of this section, or the

results of the performance test as

described in paragraph (b)(1)(ii) or (iii)

of this section.

(i) Design evaluation. The design

evaluation shall include documentation

demonstrating that the control device

being used achieves the required control

efficiency during the reasonably

expected maximum storage vessel filling

or transfer loading rate. This

documentation is to include a

description of the gas stream that enters

the control device, including flow and

regulated material content; and

additionally for storage vessels, the

effects of varying liquid level

conditions; and the information

specified in paragraphs (b)(1)(i)(A)

through (E) of this section, as

applicable. This documentation shall be

submitted with the Initial Compliance

Status Report as specified in § 65.165(b).

(A) The efficiency determination is to

include consideration of all vapors,

gases, and liquids, other than fuels,

received by the control device.

(B) If an enclosed combustion device

with a minimum residence time of 0.5

seconds and a minimum temperature of

760 °C is used to meet the emission

reduction requirement specified in

§ 65.42(b)(5) for storage vessels, or

§ 65.83(a)(1) for transfer racks,

documentation that those conditions

exist is sufficient to meet the

requirements of paragraph (b)(1)(i) of

this section.

(C) Except as provided in paragraph

(b)(1)(i)(B) of this section for enclosed

combustion devices, the design

evaluation shall include the estimated

autoignition temperature of the stream

being combusted, the flow rate of the

stream, the combustion temperature,

and the residence time at the

combustion temperature.

(D) For carbon adsorbers, the design

evaluation shall include the estimated

affinity of the regulated pollutant vapors

for carbon, the amount of carbon in each

bed, the number of beds, the humidity,

the temperature, the flow rate of the

inlet stream and, if applicable, the

desorption schedule, the regeneration

stream pressure or temperature, and the

flow rate of the regeneration stream. For

vacuum desorption, pressure drop shall

be included.

(E) For condensers, the design

evaluation shall include the final

temperature of the stream vapors, the

type of condenser, and the design flow

rate of the emission stream.

(ii) Performance test. A performance

test is acceptable to demonstrate

compliance with § 65.42(b)(5) for

storage vessels, and § 65.83(a)(1) for

low-throughput transfer racks. The

owner or operator is not required to

prepare a design evaluation for the

control device as described in paragraph

(b)(1)(i) of this section if a performance

test will be performed that meets the

following criteria:

(A) The performance test

demonstrates that the control device

achieves greater than or equal to the

required control efficiency specified in

§ 65.42(b)(5) for storage vessels, or

§ 65.83(a)(1) for transfer racks; and

(B) The performance test meets the

applicable performance test

requirements of §§ 65.157 and 65.158,

and the results are submitted as part of

the Initial Compliance Status Report as

specified in § 65.165(b).

(iii) If the control device used to

comply with § 65.42(b)(5) for storage

vessels, or with § 65.83(a)(1) for lowthroughput transfer racks, as applicable,

is also used to comply with § 65.63(a)(2)

for process vents, or § 65.83(a)(1) for

high-throughput transfer racks, a

performance test required by

§§ 65.148(b), 65.149(b), 65.150(b),

65.151(b), 65.152(b), or 65.155(b) is

acceptable to demonstrate compliance

with § 65.42(b)(5) for storage vessels, or

§ 65.83(a)(1) for low-throughput transfer

racks, as applicable. The owner or

operator is not required to prepare a

design evaluation for the control device

as described in paragraph (b)(1)(i) of this

section, if a performance test will be

performed which meets the following

criteria:

(A) The performance test

demonstrates that the control device

achieves greater than or equal to the

required control efficiency specified in

§ 65.42(b)(5) for storage vessels, or

§ 65.83(a)(1) for transfer racks; and

(B) The performance test is submitted

as part of the Initial Compliance Status

Report as specified in § 65.165(b).

(2) A design evaluation or

performance test is not required if the

owner or operator uses a combustion

device meeting the criteria in paragraph

(b)(2)(i), (ii), (iii), or (iv) of this section

and reports as specified in § 65.165(f).

(i) A boiler or process heater with a

design heat input capacity of 44

megawatts (150 million British thermal

units per hour) or greater.

(ii) A boiler or process heater burning

hazardous waste for which the owner or

operator meets either of the following

requirements:

(A) The boiler or process heater has

been issued a final permit under 40 CFR

part 270 and complies with the

requirements of 40 CFR part 266,

subpart H; or

(B) The boiler or process heater has

certified compliance with the interim

status requirements of 40 CFR part 266,

subpart H.

(iii) A hazardous waste incinerator for

which the owner or operator meets

either of the following requirements:

(A) The incinerator has been issued a

final permit under 40 CFR part 270 and

complies with the requirements of 40

CFR part 264, subpart O; or

(B) The incinerator has certified

compliance with the interim status

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78337

requirements of 40 CFR part 265,

subpart O.

(iv) A boiler or process heater into

which the vent stream is introduced

with the primary fuel.

(3) Halogen reduction devices used for

transfer racks. Unless a design

evaluation or performance test as

required in the referencing subpart was

previously conducted and submitted for

a halogen reduction device following a

combustion device for a low-throughput

transfer rack, the owner or operator

shall either prepare and submit with the

Initial Compliance Status Report, as

specified in § 65.165(b), a design

evaluation that includes the information

specified in paragraph (b)(3)(i) of this

section, or the results of the

performance test as described in

paragraph (b)(3)(ii) or (iii) of this

section. The provisions of this

paragraph (b)(3) apply to owners or

operators using a halogen reduction

device following a combustion device to

comply with § 65.83(b)(1).

(i) Design evaluation. The design

evaluation shall include documentation

demonstrating that the halogen

reduction device being used achieves

the required control efficiency during

the reasonably expected maximum

transfer loading rate. This

documentation is to include a

description of the gas stream that enters

the halogen reduction device, including

flow and regulated material content.

The efficiency determination is to

include consideration of all vapors,

gases, and liquids, other than fuels,

received by the halogen reduction

device. This documentation shall be

submitted with the Initial Compliance

Status Report as specified in § 65.165(b).

(ii) Performance test. A performance

test is acceptable to demonstrate

compliance with § 65.83(b)(1) for lowthroughput transfer racks. The owner or

operator is not required to prepare a

design evaluation for the halogen

reduction device as described in

paragraph (b)(3)(i) of this section if a

performance test will be performed that

meets the following criteria:

(A) The performance test

demonstrates that the halogen reduction

device achieves greater than or equal to

the required control efficiency specified

in § 65.83(b)(1) for transfer racks; and

(B) The performance test meets the

applicable performance test

requirements of §§ 65.157 and 65.158,

and the results are submitted as part of

the Initial Compliance Status Report as

specified in § 65.165(b).

(iii) If the halogen reduction device

used to comply with § 65.83(b)(1) for

low-throughput transfer racks, is also

used to comply with § 65.63(b)(1) for

process vents, or § 65.83(b)(1) for highthroughput transfer racks, a

performance test required by § 65.154(b)

is acceptable to demonstrate compliance

with § 65.83(b)(1) for low-throughput

transfer racks. The owner or operator is

not required to prepare a design

evaluation for the halogen reduction

device as described in paragraph

(b)(3)(i) of this section, if a performance

test will be performed which meets the

following criteria:

(A) The performance test

demonstrates that the halogen reduction

device achieves greater than or equal to

the required control efficiency specified

in § 65.83(b)(1) for transfer racks; and

(B) The performance test is submitted

as part of the Initial Compliance Status

Report as specified in § 65.165(b).

(c) Nonflare control device monitoring

requirements. (1) Unless previously

established under an applicable

standard prior to the implementation

date of this part as specified in § 65.1(f),

the owner or operator shall submit with

the Initial Compliance Status Report a

monitoring plan containing the

information specified in § 65.165(b) to

identify the parameters that will be

monitored to assure proper operation of

the control device. The owner or

operator of a halogenated lowthroughput transfer rack vent stream

routed to a combustion device and then

to a halogen reduction device to meet

the specifications of § 65.83(b)(1) shall

submit with the Initial Compliance

Status Report a monitoring plan

containing the information specified in

§ 65.165(b) to identify the parameters

that will be monitored to assure proper

operation of the halogen reduction

device.

(2) The owner or operator shall

monitor the parameters specified in the

Initial Compliance Status Report or in

the operating permit. Records shall be

generated as specified in § 65.163(b)(1).

§ 65.146 Nonflare control devices used for

equipment leaks only.

(a) Equipment and operating

requirements. (1) Owners or operators

using a nonflare control device to meet

the applicable requirements in

§ 65.115(b) shall meet the requirements

of this section.

(2) Control devices used to comply

with the provisions of this subpart shall

be operated at all times when emissions

are vented to them.

(b) Performance test requirements. A

performance test is not required for any

nonflare control device used only to

control emissions from equipment leaks.

(c) Monitoring requirements. Owners

or operators of control devices that are

used only to comply with the provisions

of § 65.115(b) shall monitor these

control devices to ensure that they are

operated and maintained in

conformance with their design. The

owner or operator shall maintain the

records as specified in § 65.163(d).

§ 65.147 Flares.

(a) Flare equipment and operating

requirements. Flares subject to this

subpart shall meet the performance

requirements of paragraphs (a)(1)

through (7) of this section.

(1) Flares shall be operated at all

times when emissions are vented to

them.

(2) Flares shall be designed for and

operated with no visible emissions as

determined by the methods specified in

paragraph (b)(3)(i) of this section, except

for periods not to exceed a total of 5

minutes during any 2 consecutive

hours.

(3) Flares shall be operated with a

flare flame or at least one pilot flame

present at all times, as determined by

the methods specified in paragraph (c)

of this section.

(4) An owner/operator has the choice

of adhering to either the heat content

specifications in paragraph (a)(4)(ii) of

this section and the maximum tip

velocity specifications in paragraph

(a)(6) of this section, or adhering to the

requirements in paragraph (a)(4)(i) of

this section.

(i)(A) Flares shall be used that have a

diameter of 3 inches or greater, are

nonassisted, have a hydrogen content of

8.0 percent (by volume), or greater, and

are designed for and operated with an

exit velocity less than 37.2 m/sec (122

ft/sec) and less than the velocity, Vmax,

as determined by Equation 147–1 of this

section:

V XK max = − ( ) H21 2 K (Eq. 147-1) ∗

Where:

Vmax = Maximum permitted velocity, m/

sec.

K1 = Constant, 6.0 volume-percent

hydrogen.

K2 = Constant, 3.9 (m/sec)/volumepercent hydrogen.

XH2 = The volume-percent of hydrogen,

on a wet basis, as calculated by

using the American Society for

Testing and Materials (ASTM)

Method D1946–77 (incorporated by

reference as specified in § 65.13).

(B) The actual exit velocity of a flare

shall be determined by the method

specified in paragraph (b)(3)(iii) of this

section.

(ii) Flares shall be used only when the

net heating value of the gas being

combusted is 11.2 megajoules per

standard cubic meter (300 British

78338 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

thermal units per standard cubic foot) or

greater if the flare is steam-assisted or

air-assisted, or when the net heating

value of the gas being combusted is 7.45

megajoules per standard cubic meter

(200 British thermal units per standard

cubic foot) or greater if the flare is

nonassisted. The net heating value of

the gas being combusted shall be

determined by the methods specified in

paragraph (b)(3)(ii) of this section.

(5) Flares used to comply with this

section shall be steam-assisted, airassisted, or nonassisted.

(6) Steam-assisted and nonassisted

flares shall be designed for and operated

with an exit velocity as determined by

the methods specified in paragraph

(b)(3)(iii) of this section, less than 18.3

meters per second (60 feet per sec)

except as provided in the following two

paragraphs, as applicable:

(i) Steam-assisted and nonassisted

flares shall be designed for and operated

with an exit velocity as determined by

the methods specified in paragraph

(b)(3)(iii) of this section, equal to or less

than 122 meters per second (400 feet per

second) if the net heating value of the

gas being combusted is greater than 37.3

megajoules per standard cubic meter

(1,000 British thermal units per

standard cubic foot).

(ii) Steam-assisted and nonassisted

flares shall be designed for and operated

with an exit velocity as determined by

the methods specified in paragraph

(b)(3)(iii) of this section, less than the

velocity, V max , and less than 122

meters per second (400 feet per sec),

where the maximum permitted velocity,

Vmax, is determined by Equation 147–2

of this section:

Log V H 10 28 8 2 T /31.7 (Eq. 147- ) max ( ) = + ( ) .

Where:

Vmax = Maximum permitted velocity,

meters per second.

28.8 = Constant.

31.7 = Constant.

HT = The net heating value as

determined in paragraph (b)(3)(ii) of

this section.

(7) Air-assisted flares shall be

designed for and operated with an exit

velocity as determined by the methods

specified in paragraph (b)(3)(iii) of this

section, less than the velocity, Vmax,

where the maximum permitted velocity,

Vmax, is determined by Equation 147–3

of this section:

V H max T = 8 706 3 . + 0.7084 (Eq. 147- ) ( )

Where:

Vmax = Maximum permitted velocity,

meters per second.

8.706 = Constant.

0.7084 = Constant.

HT = The net heating value as

determined in paragraph (b)(3)(ii) of

this section.

(b) Flare compliance determination.

(1) Unless an initial flare compliance

determination of the flare was

previously conducted and submitted

under the referencing subpart, the

owner or operator shall conduct an

initial flare compliance determination of

any flare used to comply with the

provisions of this subpart. Flare

compliance determination records shall

be kept as specified in § 65.159(a) and

(b) and a flare compliance

determination report shall be submitted

as specified in § 65.164. An owner or

operator is not required to conduct a

performance test to determine percent

emission reduction or outlet regulated

material or TOC concentration when a

flare is used.

(2) Unless already permitted by the

applicable title V permit, if an owner or

operator elects to use a flare to replace

an existing control device at a later date,

the owner or operator shall notify the

Administrator, either by amendment of

the regulated source’s title V permit or,

if title V is not applicable, by

submission of the notice specified in

§ 65.167(a). Upon implementing the

change, a flare compliance

determination shall be performed using

the methods specified in paragraph

(b)(3) of this section within 180 days.

The compliance determination report

shall be submitted to the Administrator

within 60 days of completing the

determination as provided in

§ 65.164(b)(2). If an owner or operator

elects to use a flare to replace an

existing final recovery device that is

used on a Group 2A process vent, the

owner or operator shall comply with the

applicable provisions of §§ 65.63(e) and

65.67(b) and submit the notification

specified in § 65.167(a).

(3) Flare compliance determinations

shall meet the requirements specified in

paragraphs (b)(3)(i) through (iv) of this

section.

(i) Method 22 of appendix A of part

60 shall be used to determine the

compliance of flares with the visible

emission provisions of this subpart. The

observation period is 2 hours, except for

transfer racks as provided in either one

of the following:

(A) For transfer racks, if the loading

cycle is less than 2 hours, then the

observation period for that run shall be

for the entire loading cycle.

(B) For transfer racks, if additional

loading cycles are initiated within the 2-

hour period, then visible emissions

observations shall be conducted for the

additional cycles.

(ii) The net heating value of the gas

being combusted in a flare shall be

calculated using Equation 147–4 of this

section:

H K DH T jj

j

n

=

=

1∑

1

(Eq. 147- ) 4

Where:

HT = Net heating value of the sample,

megajoules per standard cubic

meter; where the net enthalpy per

mole of offgas is based on

combustion at 25 °C and 760

millimeters of mercury (30 inches

of mercury), but the standard

temperature for determining the

volume corresponding to 1 mole is

20 °C;

K1 = 1.740 × 10¥7 (parts per million by

volume)¥1 (gram-mole per standard

cubic meter) (megajoules per

kilocalories), where the standard

temperature for gram mole per

standard cubic meter is 20 °C;

Dj = Concentration of sample

component j, in parts per million by

volume on a wet basis, as measured

for organics by Method 18 of

appendix A of 40 CFR part 60 and

measured for hydrogen and carbon

monoxide by American Society for

Testing and Materials (ASTM)

D1946–77 (incorporated by

reference as specified in § 65.13);

and

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78339

Hj = Net heat of combustion of sample

component j, kilocalories per grammole at 25 °C and 760 millimeters

of mercury (30 inches of mercury).

The heats of combustion of stream

components may be determined

using ASTM D2382–76

(incorporated by reference as

specified in § 65.13) if published

values are not available or cannot

be calculated.

(iii) The actual exit velocity of a flare

shall be determined by dividing the

volumetric flow rate (in units of

standard temperature and pressure), as

determined by Method 2, 2A, 2C, or 2D

of appendix A of 40 CFR part 60 as

appropriate, by the unobstructed (free)

cross-sectional area of the flare tip.

(iv) Flare flame or pilot monitors, as

applicable, shall be operated during any

flare compliance determination.

(c) Flare monitoring requirements.

Where a flare is used, a device

(including but not limited to a

thermocouple, ultraviolet beam sensor,

or infrared sensor) capable of

continuously detecting that at least one

pilot flame or the flare flame is present

is required. Flame monitoring and

compliance records shall be kept as

specified in § 65.159(c) and (d).

§ 65.148 Incinerators.

(a) Incinerator equipment and

operating requirements. (1) Owners or

operators using incinerators to meet the

98 weight-percent emission reduction or

20 parts per million by volume outlet

concentration requirement as specified

in § 65.63(a)(2), or 40 CFR 60.562–

1(a)(1)(i)(A) for process vents, or

§ 65.83(a)(1) for high-throughput

transfer racks, as applicable, shall meet

the requirements of this section.

(2) Incinerators used to comply with

the provisions of this subpart shall be

operated at all times when emissions are

vented to them.

(b) Incinerator performance test

requirements. (1) Unless an initial

performance test was previously

conducted and submitted under the

referencing subpart and except as

specified in § 65.157(b) and paragraph

(b)(2) of this section, the owner or

operator shall conduct an initial

performance test of any incinerator used

to comply with the provisions of this

subpart according to the procedures in

§§ 65.157 and 65.158. Performance test

records shall be kept as specified in

§ 65.160(a) and (b), and a performance

test report shall be submitted as

specified in § 65.164. As provided in

§ 65.145(b)(1), a performance test may

be used as an alternative to the design

evaluation for storage vessels and lowthroughput transfer rack controls. As

provided in § 65.146(b), no performance

test is required for equipment leaks.

(2) An owner or operator is not

required to conduct a performance test

for a hazardous waste incinerator for

which the owner or operator has been

issued a final permit under 40 CFR part

270 and complies with the requirements

of 40 CFR part 264, subpart O, or has

certified compliance with the interim

status requirements of 40 CFR part 265,

subpart O. The owner or operator shall

report as specified in § 65.165(f).

(3) Unless already permitted by the

applicable title V permit, if an owner or

operator elects to use an incinerator to

replace an existing control device at a

later date, the owner or operator shall

notify the Administrator, either by

amendment of the regulated source’s

title V permit or, if title V is not

applicable, by submission of the notice

specified in § 65.167(a) before

implementing the change. Upon

implementing the change, an incinerator

performance test shall be performed

using the methods specified in § 65.157

and within 180 days if required by

paragraph (b)(1) of this section. The

performance test report shall be

submitted to the Administrator within

60 days of completing the determination

as provided in § 65.164(b)(2). If an

owner or operator elects to use an

incinerator to replace an existing

recovery device that is used on a Group

2A process vent, the owner or operator

shall comply with the applicable

provisions of §§ 65.63(e) and 65.67(b)

and submit the notification specified in

§ 65.167(a).

(c) Incinerator monitoring

requirements. (1) Where an incinerator

is used, a temperature monitoring

device capable of providing a

continuous record that meets the

provisions specified in paragraph

(c)(1)(i) or (ii) of this section is required.

Monitoring results shall be recorded as

specified in § 65.161. General

requirements for monitoring and

continuous parameter monitoring

systems are contained in § 65.156.

(i) Where an incinerator other than a

catalytic incinerator is used, a

temperature monitoring device shall be

installed in the fire box or in the

ductwork immediately downstream of

the fire box in a position before any

substantial heat exchange occurs.

(ii) Where a catalytic incinerator is

used, temperature monitoring devices

shall be installed in the gas stream

immediately before and after the

catalyst bed.

(2) The owner or operator shall

establish a range for monitored

parameters that indicates proper

operation of the incinerator. In order to

establish the range, the information

required in § 65.165(c) shall be

submitted in the Initial Compliance

Status Report or the operating permit

application or amendment. The range

may be based upon a prior performance

test meeting the specifications of

§ 65.157(b)(1) or upon existing ranges or

limits established under a referencing

subpart.

§ 65.149 Boilers and process heaters.

(a) Boiler and process heater

equipment and operating requirements.

(1) Owners or operators using boilers

and process heaters to meet the 98

weight-percent emission reduction or 20

parts per million by volume outlet

concentration requirement as specified

in § 65.63(a)(2), or 40 CFR 60.562–

1(a)(1)(i)(B) for process vents, or

§ 65.83(a)(1) for high-throughput

transfer racks, as applicable, shall meet

the requirements of this section.

(2) The vent stream shall be

introduced into the flame zone of the

boiler or process heater.

(3) Boilers and process heaters used to

comply with the provisions of this

subpart shall be operated at all times

when emissions are vented to them.

(b) Boiler and process heater

performance test requirements. (1)

Unless an initial performance test was

previously conducted and submitted

under the referencing subpart, and

except as specified in § 65.157(b) and

paragraph (b)(2) of this section, the

owner or operator shall conduct an

initial performance test of any boiler or

process heater used to comply with the

provisions of this subpart according to

the procedures in §§ 65.157 and 65.158.

Performance test records shall be kept as

specified in § 65.160(a) and (b), and a

performance test report shall be

submitted as specified in § 65.164. As

provided in § 65.145(b)(1), a

performance test may be used as an

alternative to the design evaluation for

storage vessels and low-throughput

transfer rack controls. As provided in

§ 65.146(b), no performance test is

required to demonstrate compliance for

equipment leaks.

(2) An owner or operator is not

required to conduct a performance test

when any of the control devices

specified in paragraphs (b)(2)(i) through

(iii) of this section are used. The owner

or operator shall report as specified in

§ 65.165(f).

(i) A boiler or process heater with a

design heat input capacity of 44

megawatts (150 million British thermal

units per hour) or greater.

(ii) A boiler or process heater into

which the vent stream is introduced

78340 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

with the primary fuel or is used as the

primary fuel.

(iii) A boiler or process heater burning

hazardous waste for which the owner or

operator meets either of the following

requirements:

(A) The boiler or process heater has

been issued a final permit under 40 CFR

part 270 and complies with the

requirements of 40 CFR part 266,

subpart H; or

(B) The boiler or process heater has

certified compliance with the interim

status requirements of 40 CFR part 266,

subpart H.

(3) Unless already permitted by the

applicable title V permit, if an owner or

operator elects to use a boiler or process

heater to replace an existing control

device at a later date, the owner or

operator shall notify the Administrator,

either by amendment of the regulated

source’s title V permit or, if title V is not

applicable, by submission of the notice

specified in § 65.167(a) before

implementing the change. Upon

implementing the change, a boiler or

process heater performance test shall be

performed using the methods specified

in §§ 65.157 and 65.158 within 180 days

if required by paragraph (b)(1) of this

section. The performance test report

shall be submitted to the Administrator

within 60 days of completing the

determination as provided in

§ 65.164(b)(2). If an owner or operator

elects to use a boiler or process heater

to replace an existing recovery device

that is used on a Group 2A process vent,

the owner or operator shall comply with

the applicable provisions of §§ 65.63(e)

and 65.67(b) and submit the notification

specified in § 65.167(a).

(c) Boiler and process heater

monitoring requirements. (1) Where a

boiler or process heater of less than 44

megawatts (150 million British thermal

units per hour) design heat input

capacity is used and the regulated vent

stream is not introduced as or with the

primary fuel, a temperature monitoring

device in the fire box capable of

providing a continuous record is

required. Any boiler or process heater in

which all vent streams are introduced

with primary fuel or are used as the

primary fuel is exempt from monitoring.

Monitoring results shall be recorded as

specified in § 65.161. General

requirements for monitoring and

continuous parameter monitoring

systems are contained in § 65.156.

(2) Where monitoring is required, the

owner or operator shall establish a range

for monitored parameters that indicates

proper operation of the boiler or process

heater. In order to establish the range,

the information required in § 65.165(c)

shall be submitted in the Initial

Compliance Status Report or the

operating permit application or

amendment. The range may be based

upon a prior performance test meeting

the specifications of § 65.157(b)(1) or

upon existing ranges or limits

established under a referencing subpart.

§ 65.150 Absorbers used as control

devices.

(a) Absorber equipment and operating

requirements. (1) Owners or operators

using absorbers to meet the 98 weightpercent emission reduction or 20 parts

per million by volume outlet

concentration requirements as specified

in § 65.63(a)(2), or 40 CFR 60.562–

1(a)(1)(i)(A) for process vents, or

§ 65.83(a)(1) for high-throughput

transfer racks, as applicable, shall meet

the requirements of this section.

(2) Absorbers used to comply with the

provisions of this subpart shall be

operated at all times when emissions are

vented to them.

(b) Absorber performance test

requirements. (1) Unless an initial

performance test was previously

conducted and submitted under the

referencing subpart and except as

specified in § 65.157(b), the owner or

operator shall conduct an initial

performance test of any absorber used as

a control device to comply with the

provisions of this subpart according to

the procedures in §§ 65.157 and 65.158.

Performance test records shall be kept as

specified in § 65.160(a) and (b), and a

performance test report shall be

submitted as specified in § 65.164. As

provided in § 65.145(b)(1), a

performance test may be used as an

alternative to the design evaluation for

storage vessels and low-throughput

transfer rack controls. As provided in

§ 65.146(b), no performance test is

required to demonstrate compliance for

equipment leaks.

(2) Unless already permitted by the

applicable title V permit, if an owner or

operator elects to use an absorber to

replace an existing recovery or control

device at a later date, the owner or

operator shall notify the Administrator,

either by amendment of the regulated

source’s title V permit or, if title V is not

applicable, by submission of the notice

specified in § 65.167(a) before

implementing the change. Upon

implementing the change, either of the

following provisions, as applicable,

shall be followed:

(i) Replace final recovery device. If an

owner or operator elects to replace the

final recovery device on a process vent

with an absorber used as a control

device, the owner or operator shall

comply with the applicable provisions

of §§ 65.63(e) and 65.67(b).

(ii) Replace control device. If an

owner or operator elects to replace a

control device on a Group 1 process

vent or a high-throughput transfer rack

with an absorber used as a control

device, the owner or operator shall

perform a performance test using the

methods specified in §§ 65.157 and

65.158 within 180 days. The

performance test report shall be

submitted to the Administrator within

60 days of completing the test as

provided in § 65.164(b)(2).

(c) Absorber monitoring requirements.

(1) Where an absorber is used as a

control device, either an organic

monitoring device capable of providing

a continuous record or a scrubbing

liquid temperature monitoring device

and a specific gravity monitoring

device, each capable of providing a

continuous record, shall be used.

Monitoring results shall be recorded as

specified in § 65.161. General

requirements for monitoring and

continuous parameter monitoring

systems are contained in § 65.156.

(2) The owner or operator shall

establish a range for monitored

parameters that indicates proper

operation of the absorber. In order to

establish the range, the information

required in § 65.165(c) shall be

submitted in the Initial Compliance

Status Report or the operating permit

application or amendment. The range

may be based upon a prior performance

test meeting the specifications of

§ 65.157(b)(1) or upon existing ranges or

limits established under a referencing

subpart.

§ 65.151 Condensers used as control

devices.

(a) Condenser equipment and

operating requirements. (1) Owners or

operators using condensers to meet the

98 weight-percent emission reduction or

20 parts per million by volume outlet

concentration requirements as specified

in § 65.63(a)(2), or 40 CFR 60.562–

1(a)(1)(i)(A) for process vents, or

§ 65.83(a)(1) for high-throughput

transfer racks, as applicable, shall meet

the requirements of this section.

(2) Condensers used to comply with

the provisions of this subpart shall be

operated at all times when emissions are

vented to them.

(b) Condenser performance test

requirements. (1) Unless an initial

performance test was previously

conducted and submitted under the

referencing subpart and except as

specified in § 65.157(b), the owner or

operator shall conduct an initial

performance test of any condenser used

as a control device to comply with the

provisions of this subpart according to

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78341

the procedures in §§ 65.157 and 65.158.

Performance test records shall be kept as

specified in § 65.160(a) and (b), and a

performance test report shall be

submitted as specified in § 65.164. As

provided in § 65.145(b)(1), a

performance test may be used as an

alternative to the design evaluation for

storage vessels and low-throughput

transfer rack controls. As provided in

§ 65.146(b), no performance test is

required to demonstrate compliance for

equipment leaks.

(2) Unless already permitted by the

applicable title V permit, if an owner or

operator elects to use a condenser to

replace an existing recovery or control

device at a later date, the owner or

operator shall notify the Administrator,

either by amendment of the regulated

source’s title V permit or, if title V is not

applicable, by submission of the notice

specified in § 65.167(a) before

implementing the change. Upon

implementing the change, either of the

following provisions, as applicable,

shall be followed:

(i) Replace final recovery device. If an

owner or operator elects to replace the

final recovery device on a process vent

with a condenser used as a control

device, the owner or operator shall

comply with the applicable provisions

of §§ 65.63(e) and 65.67(b).

(ii) Replace control device. If an

owner or operator elects to replace a

control device on a Group 1 process

vent or a high-throughput transfer rack

with a condenser used as a control

device, the owner or operator shall

perform a performance test using the

methods specified in §§ 65.157 and

65.158 within 180 days. The

performance test report shall be

submitted to the Administrator within

60 days of completing the test as

provided in § 65.164(b)(2).

(c) Condenser monitoring

requirements. (1) Where a condenser is

used as a control device, an organic

monitoring device capable of providing

a continuous record or a condenser exit

(product side) temperature monitoring

device capable of providing a

continuous record shall be used.

Monitoring results shall be recorded as

specified in § 65.161. General

requirements for monitoring and

continuous parameter monitoring

systems are contained in § 65.156.

(2) The owner or operator shall

establish a range for monitored

parameters that indicates proper

operation of the condenser. In order to

establish the range, the information

required in § 65.165(c) shall be

submitted in the Initial Compliance

Status Report or the operating permit

application or amendment. The range

may be based upon a prior performance

test meeting the specifications in

§ 65.157(b)(1) or upon existing ranges or

limits established under a referencing

subpart.

§ 65.152 Carbon adsorbers used as

control devices.

(a) Carbon adsorber equipment and

operating requirements. (1) Owners or

operators using carbon adsorbers to

meet the 98 weight-percent emission

reduction or 20 parts per million by

volume outlet concentration

requirements as specified in

§ 65.63(a)(2), or 40 CFR 60.562–

1(a)(1)(i)(A) for process vents, or

§ 65.83(a)(1) for high-throughput

transfer racks, as applicable, shall meet

the requirements of this section.

(2) Carbon adsorbers used to comply

with the provisions of this subpart shall

be operated at all times when emissions

are vented to them.

(b) Carbon adsorber performance test

requirements. (1) Unless an initial

performance test was previously

conducted and submitted under the

referencing subpart and except as

specified in § 65.157(b), the owner or

operator shall conduct an initial

performance test of any carbon absorber

used as a control device to comply with

the provisions of this subpart according

to the procedures in §§ 65.157 and

65.158. Performance test records shall

be kept as specified in § 65.160(a) and

(b), and a performance test report shall

be submitted as specified in § 65.164. As

provided in § 65.145(b)(1), a

performance test may be used as an

alternative to the design evaluation for

storage vessels and low-throughput

transfer rack controls. As provided in

§ 65.146(b), no performance test is

required to demonstrate compliance for

equipment leaks.

(2) Unless already permitted by the

applicable title V permit, if an owner or

operator elects to use a carbon adsorber

to replace an existing recovery or

control device at a later date, the owner

or operator shall notify the

Administrator either by amendment of

the regulated source’s title V permit or,

if title V is not applicable, by

submission of the notice specified in

§ 65.167(a) before implementing the

change. Upon implementing the change,

either of the following provisions, as

applicable, shall be followed:

(i) Replace final recovery device. If an

owner or operator elects to replace the

final recovery device on a process vent

with a carbon adsorber used as a control

device, the owner or operator shall

comply with the applicable provisions

of §§ 65.63(e) and 65.67(b).

(ii) Replace control device. If an

owner or operator elects to replace a

control device on a Group 1 process

vent or high-throughput transfer rack

with a carbon adsorber used as a control

device, the owner or operator shall

perform a performance test using the

methods specified in §§ 65.157 and

65.158 within 180 days. The

performance test report shall be

submitted to the Administrator within

60 days of completing the test as

provided in § 65.164(b)(2).

(c) Carbon adsorber monitoring

requirements. (1) Where a carbon

adsorber is used as a control device, an

organic monitoring device capable of

providing a continuous record, or an

integrating regeneration stream flow

monitoring device having an accuracy of

±10 percent or better capable of

recording the total regeneration stream

mass or volumetric flow for each

regeneration cycle, and a carbon-bed

temperature monitoring device capable

of recording the carbon bed temperature

after each regeneration and within 15

minutes of completing any cooling

cycle, shall be used. Monitoring results

shall be recorded as specified in

§ 65.161. General requirements for

monitoring and continuous parameter

monitoring systems are contained in

§ 65.156.

(2) The owner or operator shall

establish a range for monitored

parameters that indicates proper

operation of the carbon adsorber. Where

the regeneration stream flow and

carbon-bed temperature are monitored,

the range shall be in terms of the total

regeneration stream flow per

regeneration cycle and the temperature

of the carbon-bed determined within 15

minutes of the completion of the

regeneration cooling cycle. In order to

establish the range, the information

required in § 65.165(c) shall be

submitted in the Initial Compliance

Status Report or the operating permit

application or amendment. The range

may be based upon a prior performance

test meeting the specifications in

§ 65.157(b)(1) or upon existing ranges or

limits established under a referencing

subpart.

§ 65.153 Absorbers, condensers, carbon

adsorbers, and other recovery devices used

as final recovery devices.

(a) Final recovery device equipment

and operating requirements. (1) Owners

or operators using a recovery device to

meet the requirement to operate and

maintain a TRE above 1.0 as specified

in § 65.63(a)(3) for process vents shall

meet the requirements of this section.

(2) Recovery devices used to comply

with the provisions of this subpart shall

78342 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

be operated at all times when emissions

are vented to them.

(b) Recovery device performance test

requirements. (1) There are no

performance test requirements for

recovery devices. Records of TRE index

value determination shall be generated

as specified in § 65.160(c).

(2) Replace a final recovery device or

control device. Unless already permitted

by the applicable title V permit, if an

owner or operator elects to use a

recovery device to replace an existing

final recovery or control device at a later

date, the owner or operator shall notify

the Administrator, either by amendment

of the regulated source’s title V permit

or, if title V is not applicable, by

submission of the notice specified in

§ 65.167(a) before implementing the

change. Upon implementing the change,

the owner or operator shall comply with

the applicable provisions of §§ 65.63(e)

and 65.67(b).

(c) Recovery device monitoring

requirements. (1) Where an absorber is

the final recovery device in the recovery

system and the TRE index value is

between 1.0 and 4.0, either an organic

monitoring device capable of providing

a continuous record, or a scrubbing

liquid temperature monitoring device

and a specific gravity monitoring

device, each capable of providing a

continuous record, shall be used.

Monitoring results shall be recorded as

specified in § 65.161. General

requirements for monitoring and

continuous parameter monitoring

systems are contained in § 65.156.

(2) Where a condenser is the final

recovery device in the recovery system

and the TRE index value is between 1.0

and 4.0, an organic monitoring device

capable of providing a continuous

record, or a condenser exit (product

side) temperature monitoring device

capable of providing a continuous

record, shall be used. Monitoring results

shall be recorded as specified in

§ 65.161. General requirements for

monitoring and continuous parameter

monitoring systems are contained in

§ 65.156.

(3) Where a carbon adsorber is the

final recovery device in the recovery

system and the TRE index value is

between 1.0 and 4.0, an organic

monitoring device capable of providing

a continuous record, or an integrating

regeneration stream flow monitoring

device having an accuracy of ±10

percent or better capable of recording

the total regeneration stream mass or

volumetric flow for each regeneration

cycle, and a carbon-bed temperature

monitoring device capable of recording

the carbon-bed temperature after each

regeneration and within 15 minutes of

completing any cooling cycle, shall be

used. Monitoring results shall be

recorded as specified in § 65.161.

General requirements for monitoring

and continuous parameter monitoring

systems are contained in § 65.156.

(4) Unless previously approved by the

Administrator under an applicable

standard prior to the implementation

date of this part, as specified in § 65.1(f),

if an owner or operator uses a recovery

device other than those listed in this

subpart, the owner or operator shall

submit a description of planned

monitoring, reporting and

recordkeeping procedures as required

under § 65.162(e). The Administrator

will approve or deny the proposed

monitoring, reporting and

recordkeeping requirements as part of

the review of the submission or permit

application or by other appropriate

means.

(5) The owner or operator shall

establish a range for monitored

parameters that indicates proper

operation of the recovery device. In

order to establish the range, the

information required in § 65.165(c) shall

be submitted in the Initial Compliance

Status Report or the operating permit

application or amendment. The range

may be based upon a prior performance

test meeting the specifications in

§ 65.157(b)(1) or upon existing ranges or

limits established under a referencing

subpart. Where the regeneration stream

flow and carbon-bed temperature are

monitored, the range shall be in terms

of the total regeneration stream flow per

regeneration cycle, and the temperature

of the carbon-bed determined within 15

minutes of the completion of the

regeneration cooling cycle.

§ 65.154 Halogen scrubbers and other

halogen reduction devices.

(a) Halogen scrubber and other

halogen reduction device equipment

and operating requirements. (1) An

owner or operator of halogen scrubbers

and other halogen reduction devices

subject to this subpart shall reduce the

overall emissions of hydrogen halides

and halogens by 99 percent, or reduce

the outlet mass of total hydrogen halides

and halogens to less than 0.45 kilograms

per hour (0.99 pound per hour) as

specified in § 65.63(b) for process vents,

or § 65.83(b) for transfer racks, as

applicable, and shall meet the

requirements of this section.

(2) Halogen scrubbers and other

halogen reduction devices used to

comply with the provisions of this

subpart shall be operated at all times

when emissions are vented to them.

(b) Halogen scrubber and other

halogen reduction device performance

test requirements. Unless an initial

performance test was previously

conducted and submitted under the

referencing subpart, an owner or

operator of a combustion device

followed by a halogen scrubber or other

halogen reduction device to control

halogenated vent streams in accordance

with § 65.63(b)(1) for process vents, or

§ 65.83(b)(1) for transfer racks shall

conduct an initial performance test to

determine compliance with the control

efficiency or emission limits for

hydrogen halides and halogens

according to the procedures in §§ 65.157

and 65.158. Performance test records

shall be kept as specified in § 65.160(a)

and (b), and a performance test report

shall be submitted as specified in

§ 65.164.

(c) Halogen scrubber and other

halogen reduction device monitoring

requirements. (1) Where a halogen

scrubber is used, the monitoring

equipment specified in paragraphs

(c)(1)(i) and (ii) of this section is

required for the scrubber. Monitoring

results shall be recorded as specified in

§ 65.161. General requirements for

monitoring and continuous parameter

monitoring systems are contained in

§ 65.156.

(i) A pH monitoring device capable of

providing a continuous record shall be

installed to monitor the pH of the

scrubber effluent.

(ii) A flow meter capable of providing

a continuous record shall be located at

the scrubber influent for liquid flow.

Gas stream flow shall be determined

using one of the following procedures:

(A) The owner or operator may

determine gas stream flow using the

design blower capacity, with

appropriate adjustments for pressure

drop.

(B) If the scrubber is subject to

regulations in 40 CFR parts 264 through

266 that have required a determination

of the liquid to gas (L/G) ratio prior to

the applicable compliance date for the

chemical manufacturing process unit of

which it is part, as specified in 40 CFR

63.100(k) (if the referencing subpart is

40 CFR part 63, subpart F), or prior to

the implementation date as specified in

§ 65.1(f) (for all other referencing

subparts), the owner or operator may

determine gas stream flow by the

method that had been utilized to

comply with those regulations. A

determination that was conducted prior

to that compliance date may be utilized

to comply with this subpart if it is still

representative.

(C) The owner or operator may

prepare and implement a gas stream

flow determination plan that documents

an appropriate method that will be used

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78343

to determine the gas stream flow. The

plan shall require determination of gas

stream flow by a method that will at

least provide a value for either a

representative or the highest gas stream

flow anticipated in the scrubber during

representative operating conditions

other than startups, shutdowns, or

malfunctions. The plan shall include a

description of the methodology to be

followed and an explanation of how the

selected methodology will reliably

determine the gas stream flow and a

description of the records that will be

maintained to document the

determination of gas stream flow. The

owner or operator shall maintain the

plan as specified in § 65.5.

(2) Where a halogen reduction device

other than a scrubber is used, the

procedures in § 65.162(e) shall be

followed to establish monitoring

parameters.

(3) The owner or operator shall

establish a range for monitored

parameters that indicates proper

operation of the scrubber or other

halogen reduction device. In order to

establish the range, the information

required in § 65.165(c) shall be

submitted in the Initial Compliance

Status Report or the operating permit

application or amendment. The range

may be based upon a prior performance

test meeting the specifications in

§ 65.157(b)(1), or upon existing ranges

or limits established under a referencing

subpart.

§ 65.155 Other control devices.

(a) Other control device equipment

and operating requirements. (1) Owners

or operators using a control device other

than one listed in §§ 65.147 through

65.152 to meet the 98 weight-percent

emission reduction or 20 parts per

million by volume outlet concentration

requirements specified in § 65.63(a)(2),

or 40 CFR 60.562–1(a)(1)(i)(A) for

process vents, or § 65.83(a)(1) for highthroughput transfer racks, as applicable,

shall meet the requirements of this

section.

(2) Other control devices used to

comply with the provisions of this

subpart shall be operated at all times

when emissions are vented to them.

(b) Other control device performance

test requirements. (1) Unless an initial

performance test was previously

conducted and submitted under the

referencing subpart, an owner or

operator of a control device other than

those specified in §§ 65.147 through

65.152, to comply with § 65.63(a)(2) for

process vents, or § 65.83(a)(1) for highthroughput transfer racks, shall perform

an initial performance test according to

the procedures in §§ 65.157 and 65.158.

Performance test records shall be kept as

specified in § 65.160(a) and (b), and a

performance test report shall be

submitted as specified in § 65.164.

(2) Unless already permitted by the

applicable title V permit, if an owner or

operator elects to use another control

device to replace an existing control

device at a later date, the owner or

operator shall notify the Administrator,

either by amendment of the regulated

source’s title V permit or, if title V is not

applicable, by submission of the notice

specified in § 65.167(a) before

implementing the change. Upon

implementing the change, another

control device performance test shall be

performed using the methods specified

in §§ 65.157 and 65.158 within 180 days

if required by paragraph (b)(1) of this

section. The performance test report

shall be submitted to the Administrator

within 60 days of completing the

determination as provided in

§ 65.164(b)(2). If an owner or operator

elects to use a control device to replace

an existing recovery device that is used

on a Group 2A process vent, the owner

or operator shall comply with the

applicable provisions of §§ 65.63(e) and

65.67(b) and submit the notification

specified in § 65.167(a).

(c) Other control device monitoring

requirements. (1) Unless previously

submitted and approved under the

referencing subpart, if an owner or

operator uses a control device other

than those listed in this subpart, the

owner or operator shall submit a

description of planned monitoring,

reporting, and recordkeeping

procedures as required under

§ 65.162(e). The Administrator will

approve, deny, or modify based on the

reasonableness of the proposed

monitoring, reporting, and

recordkeeping requirements as part of

the review of the submission or permit

application or by other appropriate

means.

(2) The owner or operator shall

establish a range for monitored

parameters that indicates proper

operation of the control device. To

establish the range, the information

required in § 65.165(c) shall be

submitted in the Initial Compliance

Status Report or the operating permit

application or amendment. The range

may be based upon a prior performance

test meeting the specifications in

§ 65.157(b)(1) or upon existing ranges or

limits established under a referencing

subpart.

§ 65.156 General monitoring requirements

for control and recovery devices.

(a) General monitoring requirement

applicability. (1) This section applies to

the owner or operator of a regulated

source required to monitor under this

subpart.

(2) Flares subject to § 65.147(c) are not

subject to the requirements of this

section.

(3) Flow indicators are not subject to

the requirements of this section.

(b) Conduct of monitoring. (1)

Monitoring shall be conducted as set

forth in this section and in the relevant

sections of this subpart unless either of

the following provisions applies:

(i) The Administrator specifies or

approves the use of minor or

intermediate changes in the specified

monitoring requirements or procedures

as provided in § 65.7(b), (c), and (d); or

(ii) The Administrator specifies or

approves the use of major changes in the

specified monitoring requirements or

procedures as provided in § 65.7(b), (c),

and (d).

(2) When one CPMS is used as a

backup to another CPMS, the owner or

operator shall report the results from the

CPMS used to meet the monitoring

requirements of this subpart. If both

such CPMS are used during a particular

reporting period to meet the monitoring

requirements of this part, then the

owner or operator shall report the

results from each CPMS for the relevant

compliance period.

(c) Operation and maintenance of

continuous parameter monitoring

systems. (1) All monitoring equipment

shall be installed, calibrated,

maintained, and operated according to

manufacturers specifications or other

written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

(2) The owner or operator of a

regulated source shall maintain and

operate each CPMS as specified in this

section or in a relevant subpart and in

a manner consistent with good air

pollution control practices.

(i) The owner or operator of a

regulated source shall ensure the

immediate repair or replacement of

CPMS parts to correct ‘‘routine’’ or

otherwise predictable CPMS

malfunctions. The necessary parts for

routine repairs of the affected

equipment shall be readily available.

(ii) Except for Group 2A process

vents, if the startup, shutdown, and

malfunction plan is followed during a

CPMS startup, shutdown, or

malfunction and the CPMS is repaired

immediately, this action shall be

reported in the semiannual startup,

shutdown, and malfunction report

required under § 65.6(c).

(iii) The Administrator’s

determination of whether acceptable

78344 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

operation and maintenance procedures

are being used for the CPMS will be

based on information that may include,

but is not limited to, review of operation

and maintenance procedures, operation

and maintenance records,

manufacturer’s recommendations and

specifications, and inspection of the

CPMS.

(3) All CPMS shall be installed and

operational, and the data verified as

specified in this subpart either prior to

or in conjunction with conducting

performance tests. Verification of

operational status shall, at a minimum,

include completion of the

manufacturer’s written specifications or

recommendations for installation,

operation, and calibration of the system

or other written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

(4) All CPMS shall be installed such

that representative measurements of

parameters from the regulated source

are obtained.

(5) In accordance with § 65.3(a)(3),

except for system breakdowns, repairs,

maintenance periods, instrument

adjustments or checks to maintain

precision and accuracy, calibration

checks, and zero and span adjustments,

all CPMS shall be in continuous

operation when emissions are being

routed to the monitored device.

(d) Except for Group 2A process

vents, the parameter monitoring data

shall be used to determine compliance

with the required operating conditions

for the monitored control devices. For

each excursion, except for excused

excursions and the excursions described

in paragraph (d)(3) of this section, the

owner or operator shall be deemed to

have failed to have applied the control

in a manner that achieves the required

operating conditions.

(1) An excursion means any of the

three cases listed in paragraphs (d)(1)(i)

through (iii) of this section. For a

control device where multiple

parameters are monitored, if one or

more of the parameters meets the

excursion criteria in paragraph (d)(1)(i),

(ii), or (iii) of this section, this is

considered a single excursion for the

day for the control device.

(i) When the daily average value of

one or more monitored parameters is

outside the permitted range.

(ii) When the period of control or

recovery device operation is 4 hours or

greater in an operating day, and

monitoring data are insufficient to

constitute a valid hour of data for at

least 75 percent of the operating hours.

(iii) When the period of control or

recovery device operation is less than 4

hours in an operating day, and more

than 1 hour during the period of

operation does not constitute a valid

hour of data due to insufficient

monitoring data.

(iv) Monitoring data are insufficient to

constitute a valid hour of data as used

in paragraphs (d)(1)(ii) and (iii) of this

section, if measured values are

unavailable for any of the 15-minute

periods within the hour. For data

compression systems approved under

§ 65.162(d)(4), monitoring data are

insufficient to calculate a valid hour of

data if there are less than four data

values recorded during the hour.

(2) One excused excursion for each

control device or recovery device for

each semiannual period is allowed.

(3) The following excursions are not

violations and do not count as excused

excursions:

(i) Excursions which occur during

periods of startup, shutdown, and

malfunction, when the source is being

operated during such periods in

accordance with its startup, shutdown,

and malfunction plan as required by

§ 65.6.

(ii) Excursions which occur due to

failure to collect a valid hour of data

during periods of startup, shutdown,

and malfunction, when the source is

being operated during such periods in

accordance with its startup, shutdown,

and malfunction plan as required by

§ 65.6.

(iii) Excursions which occur during

periods of nonoperation of the regulated

source or portion thereof, resulting in

cessation of the emissions to which

monitoring applies.

(4) Nothing in paragraph (d) of this

section shall be construed to allow or

excuse a monitoring parameter

excursion caused by any activity that

violates other applicable provisions of

this part.

(5) Paragraph (d) of this section

applies to emission points and control

devices for which continuous

monitoring is required by this subpart,

and to alternatives to continuous

monitoring systems such as provided in

§ 65.162(d)(3) and (d)(4). Paragraph

(d)(3) of this section also applies to

emission points and control devices

which are not subject to continuous

monitoring requirements, such as

inspections of the closed vent system.

(e) Alternative monitoring parameter.

An owner or operator may request

approval to monitor control, recovery,

halogen scrubber, or halogen reduction

device operating parameters other than

those specified in this subpart by

following the procedures specified in

§ 65.162(e).

§ 65.157 Performance test and flare

compliance determination requirements.

(a) Performance tests and flare

compliance determinations. Where

§§ 65.145 through 65.155 require, or the

owner or operator elects to conduct, a

performance test of a nonflare control

device or a halogen reduction device, or

a compliance determination for a flare,

the requirements of paragraphs (b)

through (d) of this section apply.

(b) Prior test results and waivers.

Initial performance tests and initial flare

compliance determinations are required

only as specified in this subpart.

(1) Unless requested by the

Administrator, an owner or operator is

not required to conduct a performance

test or flare compliance determination

under this subpart if a prior

performance test or compliance

determination was conducted using the

same methods specified in § 65.158, and

either no process changes have been

made since the test or the owner or

operator can demonstrate to the

Administrator’s satisfaction that the

results of the performance test, with or

without adjustments, reliably

demonstrate compliance despite process

changes.

(2) Individual performance tests and

flare compliance determinations may be

waived upon written application to the

Administrator per § 65.164(b)(3) if, in

the Administrator’s judgment, the

source is meeting the relevant

standard(s) on a continuous basis, or the

source is being operated under an

extension of compliance under 40 CFR

part 63, or a waiver of compliance under

40 CFR part 61, or the owner or operator

has requested an extension of

compliance under 40 CFR part 63, or a

waiver of compliance under 40 CFR part

61, and the Administrator is still

considering that request.

(3) Approval of any waiver granted

under this section shall not abrogate the

Administrator’s authority under the Act

or in any way prohibit the

Administrator from later canceling the

waiver. The cancellation will be made

only after notification is given to the

owner or operator of the source.

(c) Performance tests and flare

compliance determinations schedule.

(1) Unless a waiver of performance

testing or flare compliance

determination is obtained under this

section or the conditions of another

subpart of this part, the owner or

operator shall perform such tests

specified in the following:

(i) Within 180 days after the effective

date of a relevant standard for a new

source that has an initial startup date

before the effective date of that

standard; or

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78345

(ii) Within 180 days after initial

startup for a new source that has an

initial startup date after the effective

date of a relevant standard; or

(iii) Within 180 days after the

compliance date specified in a

referencing subpart for an existing

source or within 180 days after startup

of an existing source if the source begins

operation after the effective date of the

relevant 40 CFR part 63 emission

standard; or

(iv) Within 180 days after the

compliance date for an existing source

subject to an emission standard

established pursuant to section 112(f) of

the Act; or

(v) Within 180 days after the

termination date of the source’s

extension of compliance or a waiver of

compliance for an existing source that

obtains an extension of compliance

under 40 CFR 63.6(i) or a waiver of

compliance under 40 CFR 61.11; or

(vi) Within 180 days after the

compliance date for a new source,

subject to an emission standard

established pursuant to section 112(f) of

the Act, for which construction or

reconstruction is commenced after the

proposal date of a relevant standard

established pursuant to section 112(d) of

the Act but before the proposal date of

the relevant standard established

pursuant to section 112(f) of the Act (see

40 CFR 63.6(b)(4)); or

(vii) When a promulgated emission

standard under 40 CFR part 63 is more

stringent than the standard that was

proposed (see 40 CFR 63.6(b)(3)), the

owner or operator of a new or

reconstructed source subject to that

standard for which construction or

reconstruction is commenced between

the proposal and promulgation dates of

the standard shall comply with

performance testing requirements

within 180 days after the standard’s

effective date or within 180 days after

startup of the source, whichever is later.

If the promulgated standard is more

stringent than the proposed standard,

the owner or operator may choose to

demonstrate compliance initially with

either the proposed or the promulgated

standard. If the owner or operator

chooses to comply with the proposed

standard initially, the owner or operator

shall conduct a second performance test

within 3 years and 180 days after the

effective date of the standard, or after

startup of the source, whichever is later,

to demonstrate compliance with the

promulgated standard.

(2) The Administrator may require an

owner or operator to conduct

performance tests and compliance

determinations at the regulated source

at any time when the action is

authorized by section 114 of the Act.

(d) Performance testing facilities. If

required to do performance testing, the

owner or operator of each new regulated

source and, at the request of the

Administrator, the owner or operator of

each existing regulated source, shall

provide performance testing facilities as

specified in the following:

(1) Sampling ports adequate for test

methods applicable to such source. This

includes, as applicable, the following

requirements:

(i) Constructing the air pollution

control system such that volumetric

flow rates and pollutant emission rates

can be accurately determined by

applicable test methods and procedures;

and

(ii) Providing a stack or duct free of

cyclonic flow during performance tests

as demonstrated by applicable test

methods and procedures;

(2) Safe sampling platform(s);

(3) Safe access to sampling

platform(s);

(4) Utilities for sampling and testing

equipment; and

(5) Any other facilities that the

Administrator deems necessary for safe

and adequate testing of a source.

§ 65.158 Performance test procedures for

control devices.

(a) General procedures. Where

§§ 65.145 through 65.155 require, or the

owner or operator elects to conduct, a

performance test of a control device or

a halogen reduction device, an owner or

operator shall comply with the

requirements of (a)(1) through (3) of this

section, as applicable.

(1) Performance tests shall be

conducted at maximum representative

operating conditions for the process

unless the Administrator specifies or

approves alternate operating conditions.

During the performance test, an owner

or operator may operate the control or

halogen reduction device at maximum

or minimum representative operating

conditions for monitored control or

halogen reduction device parameters,

whichever results in lower emission

reduction. Operations during periods of

startup, shutdown, and malfunction

shall not constitute representative

conditions for the purpose of a

performance test.

(2) Performance tests shall be

conducted and data shall be reduced in

accordance with the test methods and

procedures set forth in this subpart, in

each relevant standard, and, if required,

in applicable appendices of 40 CFR

parts 51, 60, 61, and 63 unless the

Administrator allows revisions to the

test methods as specified in one or more

of the following five paragraphs:

(i) The Administrator specifies or

approves, in specific cases, the use of a

test method with minor or intermediate

changes in methodology; or

(ii) The Administrator approves the

use of a major change to a test method,

the results of which the Administrator

has determined to be adequate for

indicating whether a specific regulated

source is in compliance; or

(iii) Intermediate and major changes

to a test method shall be validated using

the applicable procedures of Method

301 of appendix A of 40 CFR part 63;

or

(iv) The Administrator waives the

requirement for the performance test as

provided in § 65.157(b)(2) because the

owner or operator of a regulated source

has demonstrated by other means to the

Administrator’s satisfaction that the

regulated source is in compliance with

the relevant standard; or

(v) The Administrator approves the

use of an equivalent method.

(3) Each performance test shall consist

of three separate runs using the

applicable test method. Except as

provided in paragraphs (a)(3)(i) and (ii)

of this section, each run shall be

conducted for at least 1 hour and under

the conditions specified in this section.

For the purpose of determining

compliance with an applicable

standard, the arithmetic mean of results

of the three runs shall apply. In the

event that a sample is accidentally lost

or conditions occur in which one of the

three runs must be discontinued

because of forced shutdown, failure of

an irreplaceable portion of the sample

train, extreme meteorological

conditions, or other circumstances

beyond the owner or operator’s control,

compliance may, upon the

Administrator’s approval, be

determined using the arithmetic mean

of the results of the two other runs.

(i) For control devices that are used to

control emissions from high-throughput

transfer racks, and that are capable of

continuous vapor processing but do not

handle continuous emissions or

emissions from high-throughput transfer

racks that load simultaneously from

multiple loading arms, each run shall

represent at least one complete tank

truck or tank car loading period during

which regulated materials are loaded,

and samples shall be collected using

integrated sampling or grab samples

taken at least four times per hour at

approximately equal intervals of time,

such as 15-minute intervals.

(ii) For intermittent vapor processing

systems used for controlling highthroughput transfer rack emissions that

78346 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

do not handle continuous emissions or

multiple loading arms of a highthroughput transfer rack that load

simultaneously, each run shall represent

at least one complete control device

cycle, and samples shall be collected

using integrated sampling or grab

samples taken at least four times per

hour at approximately equal intervals of

time, such as 15-minute intervals.

(b) Test methods. Where §§ 65.145

through 65.155 require, or the owner or

operator elects to conduct, a

performance test of a control device or

a halogen reduction device, an owner or

operator shall conduct that performance

test using the procedures in paragraphs

(b)(1) through (4) of this section, as

applicable. The regulated material

concentration and percent reduction

may be measured as either total

regulated material or as TOC (minus

methane and ethane) according to the

procedures specified.

(1) Method 1 or 1A of appendix A of

40 CFR part 60 as appropriate, shall be

used for selection of the sampling sites.

(i) For determination of compliance

with a percent reduction requirement of

total regulated material or TOC,

sampling sites shall be located at the

inlet of the control device as specified

in the following and at the outlet of the

control device:

(A) For process vents, the control

device inlet sampling site shall be

located after the final product recovery

device.

(B) If a vent stream is introduced with

the combustion air or as a secondary

fuel into a boiler or process heater with

a design capacity less than 44

megawatts (150 million British thermal

units per hour), selection of the location

of the inlet sampling sites shall ensure

the measurement of total regulated

material or TOC (minus methane and

ethane) concentrations, as applicable, in

all vent streams and primary and

secondary fuels introduced into the

boiler or process heater.

(ii) For determination of compliance

with the 20 parts per million by volume

total regulated material or TOC limit in

§ 65.63(a)(2), § 65.83(a)(1), and 40 CFR

60.562–1(a)(1)(i)(A), the sampling site

shall be located at the outlet of the

control device.

(2) The gas volumetric flow rate shall

be determined using Method 2, 2A, 2C,

or 2D of appendix A of 40 CFR part 60,

as appropriate.

(3) To determine compliance with the

20 parts per million by volume total

regulated material or TOC (minus

methane and ethane) limit, the owner or

operator shall use Method 18 of

appendix A of 40 CFR part 60 to

measure either TOC minus methane and

ethane or total regulated material, as

applicable. Alternatively, any other

method or data that have been validated

according to the applicable procedures

in Method 301 of appendix A of 40 CFR

part 63 may be used. Method 25A may

be used for transfer racks as detailed in

paragraph (b)(3)(iv) of this section. The

procedures specified in paragraphs

(b)(3)(i) through (iv) of this section shall

be used to calculate parts per million by

volume concentration, corrected to 3

percent oxygen.

(i) Except as provided in paragraphs

(a)(3)(i) and (ii) of this section, the

minimum sampling time for each run

shall be 1 hour in which either an

integrated sample or a minimum of four

grab samples shall be taken. If grab

sampling is used, then the samples shall

be taken at approximately equal

intervals in time, such as 15 minute

intervals during the run.

(ii) The concentration of either TOC

(minus methane or ethane) or total

regulated material shall be calculated

according to the following two

paragraphs, as appropriate:

(A) The TOC concentration (CTOC) is

the sum of the concentrations of the

individual components and shall be

computed for each run using Equation

158–1 of this section:

C C

C

x REG TOC

ji

j

n

i

x

, or = (Eq. 158- )











 =

−

∑

∑ 1

1

1

Where:

CREG, or CTOC= Concentration of total

regulated material or concentration

of TOC (minus methane and

ethane), dry basis, parts per million

by volume.

x = Number of samples in the sample

run.

n = Number of components in the

sample.

Cji = Concentration of sample

components j of sample i, dry basis,

parts per million by volume.

(B) The total regulated material (CREG)

shall be computed according to equation

158–1 of this section except that only

the regulated species shall be summed.

Where the regulated material is organic

HAP’s, the list of organic HAP’s

provided in table 2 of 40 CFR part 63,

subpart F, shall be used.

(iii) The concentration of TOC or total

regulated material, as applicable, shall

be corrected to 3 percent oxygen if a

combustion device is the control device.

(A) The emission rate correction

factor (or excess air) integrated sampling

and analysis procedures of Method 3B

of appendix A of 40 CFR part 60 shall

be used to determine the oxygen

concentration. The sampling site shall

be the same as that of the regulated

material or organic compound samples,

and the samples shall be taken during

the same time that the regulated

material or organic compound samples

are taken.

(B) The concentration corrected to 3

percent oxygen (Cc) shall be computed

using Equation 158–2 of this section:

C C

O c m

d

= −





 



 17 9

20 9 2

2 .

. % (Eq. 158- )

Where:

Cc = Concentration of TOC or regulated

material corrected to 3 percent

oxygen, dry basis, parts per million

by volume.

Cm = Concentration of TOC (minus

methane and ethane) or regulated

material, dry basis, parts per

million by volume.

%O2d = Concentration of oxygen, dry

basis, percentage by volume.

(iv) Method 25A of appendix A of 40

CFR part 60 may be used for the

purpose of determining compliance

with the 20 parts per million by volume

limit specified in § 65.83(a)(1) for

transfer racks. If Method 25A of

appendix A of 40 CFR part 60 is used,

the following procedures shall be used

to calculate the concentration of organic

compounds (CTOC):

(A) The principal organic HAP in the

vent stream shall be used as the

calibration gas.

(B) The span value for Method 25A of

appendix A of 40 CFR part 60 shall be

between 1.5 and 2.5 times the

concentration being measured.

(C) Use of Method 25A of appendix A

of 40 CFR part 60 is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78347

calibration gas when the instrument is

zeroed on the most sensitive scale.

(D) The concentration of TOC shall be

corrected to 3 percent oxygen using the

procedures and equation in paragraph

(b)(3)(iii) of this section.

(4) To determine compliance with a

percent reduction requirement, the

owner or operator shall use Method 18

of appendix A of 40 CFR part 60;

alternatively, any other method or data

that have been validated according to

the applicable procedures in Method

301 of appendix A of 40 CFR part 63

may be used. Method 25A of appendix

A of 40 CFR part 60 may be used for

transfer racks as detailed in paragraph

(b)(4)(v) of this section. Procedures

specified in paragraphs (b)(4)(i) through

(v) of this section shall be used to

calculate percent reduction efficiency.

(i) Except as provided in paragraphs

(a)(3)(i) and (ii) of this section, the

minimum sampling time for each run

shall be 1 hour in which either an

integrated sample or a minimum of four

grab samples shall be taken. If grab

sampling is used, then the samples shall

be taken at approximately equal

intervals in time, such as 15-minute

intervals during the run.

(ii) The mass rate of either TOC

(minus methane and ethane) or total

regulated material (Ei, Eo) shall be

computed as applicable.

(A) Equations 158–3 and 158–4 of this

section shall be used:

E K CM Q i ij ij

j

n

= i











 =

2 ∑

1

(Eq. 158- ) 3

E K CM Q o oj oj

j

n

= o











 =

2 ∑

1

(Eq. 158- ) 4

Where:

Ei, Eo = Emission rate of TOC (minus

methane and ethane) (ETOC) or

emission rate of total organic HAP

(EHAP) in the sample at the inlet and

outlet of the control device,

respectively, dry basis, kilogram per

hour.

K2 = Constant, 2.494 x 10¥6(parts per

million)¥1 (gram-mole per standard

cubic meter) (kilogram per gram)

(minute per hour), where standard

temperature (gram-mole per

standard cubic meter) is 20 °C.

n = Number of components in the

sample.

Cij, Coj = Concentration on a dry basis

of organic compound j in parts per

million by volume of the gas stream

at the inlet and outlet of the control

device, respectively. If the TOC

emission rate is being calculated, Cij

and Coj include all organic

compounds measured minus

methane and ethane; if the total

organic HAP emissions rate is being

calculated, only organic HAP are

included.

Mij, Moj = Molecular weight of organic

compound j, gram per gram-mole,

of the gas stream at the inlet and

outlet of the control device,

respectively.

Qi, Qo = Process vent flow rate, dry

standard cubic meter per minute, at

a temperature of 20 °C, at the inlet

and outlet of the control device,

respectively.

(B) Where the mass rate of TOC is

being calculated, all organic compounds

(minus methane and ethane) measured

by Method 18 of appendix A of 40 CFR

part 60 are summed using equations

158–3 and 158–4 of this section.

(C) Where the mass rate of total

regulated material is being calculated,

only the species comprising the

regulated material shall be summed

using equations 158–3 and 158–4 of this

section. Where the regulated material is

organic HAP’s, the list of organic HAP’s

provided in table 2 of 40 CFR part 63,

subpart F, shall be used.

(iii) The percent reduction in TOC

(minus methane and ethane) or total

regulated material shall be calculated

using Equation 158–5 of this section:

R E E

E

i o

i

= − (100) (Eq. 158- ) 5

Where:

R = Control efficiency of control device,

percent.

Ei = Mass rate of TOC (minus methane

and ethane) or total regulated

material at the inlet to the control

device as calculated under

paragraph (b)(4)(ii) of this section,

kilograms TOC per hour or

kilograms regulated material per

hour.

Eo = Mass rate of TOC (minus methane

and ethane) or total regulated

material at the outlet of the control

device, as calculated under

paragraph (b)(4)(ii) of this section,

kilograms TOC per hour or

kilograms total regulated material

per hour.

(iv) If the vent stream entering a boiler

or process heater with a design capacity

less than 44 megawatts (150 million

British thermal units) is introduced with

the combustion air or as a secondary

fuel, the weight-percent reduction of

total regulated material or TOC (minus

methane and ethane) across the device

shall be determined by comparing the

TOC (minus methane and ethane) or

total regulated material in all combusted

vent streams and primary and secondary

fuels with the TOC (minus methane and

ethane) or total regulated material

exiting the combustion device,

respectively.

(v) Method 25A of appendix A of 40

CFR part 60 may also be used for the

purpose of determining compliance

with the percent reduction requirement

for transfer racks.

(A) If Method 25A of appendix A of

40 CFR part 60 is used to measure the

concentration of organic compounds

(CTOC), the principal regulated material

in the vent stream shall be used as the

calibration gas.

(B) An emission testing interval shall

consist of each 15-minute period during

the performance test. For each interval,

a reading from each measurement shall

be recorded.

(C) The average organic compound

concentration and the volume

measurement shall correspond to the

same emissions testing interval.

(D) The mass at the inlet and outlet of

the control device during each testing

interval shall be calculated using

Equation 158–6 of this section:

M C j t = F K V (Eq. 158- ) s 6

Where:

Mj = Mass of organic compounds

emitted during testing interval j,

kilograms.

F = 10¥6 = Conversion factor, (cubic

meters regulated material per cubic

meters air) * (parts per million by

volume) ¥1.

K = Density, kilograms per standard

cubic meter regulated material. You

may use 659 kilograms per standard

cubic meter regulated material.

(Note: The density term cancels out

when the percent reduction is

calculated. Therefore, the density

used has no effect. The density of

hexane is given so that it can be

used to maintain the units of Mj.)

Vs = Volume of air-vapor mixture

exhausted at standard conditions,

20 °C and 760 millimeters of

mercury (30 inches of mercury),

standard cubic meters.

Ct = Total concentration of organic

compounds (as measured) at the

exhaust vent, parts per million by

volume, dry basis.

(E) The organic compound mass

emission rates at the inlet and outlet of

the control device shall be calculated as

follows:

78348 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

Ei =

M

T (Eq. 158- )

i j

j=1

n

∑

7

Eo =

M

T (Eq. 158- )

o j

j=1

n

∑

8

Where:

Ei, Eo = Mass flow rate of organic

compounds at the inlet (i) and

outlet (o) of the control device,

kilograms per hour.

n = Number of testing intervals.

Mij, Moj = Mass of organic compounds

at the inlet (i) or outlet (o) during

testing interval j, kilograms.

T = Total time of all testing intervals,

hours.

(c) Halogen test method. An owner or

operator using a halogen scrubber or

other halogen reduction device to

control halogenated vent streams in

compliance with § 65.63(b)(1) for

process vents, or § 65.83(b)(1) for

transfer racks, who is required to

conduct a performance test to determine

compliance with the control efficiency

or emission limits for hydrogen halides

and halogens, as specified in

§ 65.154(b), shall comply with the

following procedures:

(1) For an owner or operator

determining compliance with the

percent reduction of total hydrogen

halides and halogens, sampling sites

shall be located at the inlet and outlet

of the scrubber or other halogen

reduction device used to reduce halogen

emissions. For an owner or operator

determining compliance with the less

than 0.45 kilogram per hour (0.99

pounds per hour) outlet emission limit

for total hydrogen halides and halogens,

the sampling site shall be located at the

outlet of the scrubber or other halogen

reduction device and prior to any

releases to the atmosphere.

(2) Except as provided in paragraph

(a)(2) of this section, Method 26 or

Method 26A of appendix A of 40 CFR

part 60 shall be used to determine the

concentration, in milligrams per dry

standard cubic meter, of total hydrogen

halides and halogens that may be

present in the vent stream. The mass

emissions of each hydrogen halide and

halogen compound shall be calculated

from the measured concentrations and

the gas stream flow rate.

(3) To determine compliance with the

percent removal efficiency, the mass

emissions for any hydrogen halides and

halogens present at the inlet of the

halogen reduction device shall be

summed together. The mass emissions

of the compounds present at the outlet

of the scrubber or other halogen

reduction device shall be summed

together. Percent reduction shall be

determined by comparison of the

summed inlet and outlet measurements.

(4) To demonstrate compliance with

the less than 0.45 kilogram per hour

(0.99 pound per hour) outlet emission

limit, the test results must show that the

mass emission rate of total hydrogen

halides and halogens measured at the

outlet of the scrubber or other halogen

reduction device is below 0.45 kilogram

per hour (0.99 pound per hour).

§ 65.159 Flare compliance determination

and monitoring records.

(a) Conditions of flare compliance

determination records. Upon request,

the owner or operator shall make

available to the Administrator such

records as may be necessary to

determine the conditions of flare

compliance determinations performed

pursuant to § 65.147(b).

(b) Flare compliance determination

records. When using a flare to comply

with this subpart, record the following

information for each flare compliance

determination performed pursuant to

§ 65.147(b):

(1) Flare design (i.e., steam-assisted,

air-assisted, or nonassisted);

(2) All visible emission readings, heat

content determinations, flow rate

measurements, and exit velocity

determinations made during the flare

compliance determination; and

(3) All periods during the flare

compliance determination when all

pilot flames are absent or, if only the

flare flame is monitored, all periods

when the flare flame is absent.

(c) Monitoring records. Each owner or

operator shall keep up to date and

readily accessible hourly records of

whether the flare flame or pilot flame

monitors are continuously operating

during the hour and whether the flare

flame or at least one pilot flame is

continuously present during the hour.

For transfer racks, hourly records are

required only while the transfer vent

stream is being vented.

(d) Compliance records. (1) Each

owner or operator shall keep records of

the times and duration of all periods

during which the flare flame and all the

pilot flames are absent. This record shall

be submitted in the periodic reports as

specified in § 65.166(c).

(2) Each owner or operator shall keep

records of the times and durations of all

periods during which the flare flame or

pilot flame monitors are not operating.

§ 65.160 Performance test and TRE index

value determination records.

(a) Availability of performance tests

records. Upon request, the owner or

operator shall make available to the

Administrator such records as may be

necessary to determine the conditions of

performance tests performed pursuant

to §§ 65.148(b), 65.149(b), 65.150(b),

65.151(b), 65.152(b), 65.154(b), or

65.155(b).

(b) Nonflare control device and

halogen reduction device performance

test records. Each owner or operator

subject to the provisions of this subpart

shall keep up-to-date, readily accessible

records of the data specified in

paragraphs (b)(1) through (3) of this

section, as applicable, measured during

each performance test performed

pursuant to §§ 65.148(b), 65.149(b),

65.150(b), 65.151(b), 65.152(b),

65.154(b), or 65.155(b), and also include

that data in the Initial Compliance

Status Report as specified in § 65.164(a).

The same data specified in paragraphs

(b)(1) through (3) of this section, as

applicable, shall be submitted in the

reports of all subsequently required

performance tests where either the

emission control efficiency of a nonflare

control device or the outlet

concentration of TOC or regulated

material is determined.

(1) Nonflare combustion device.

Where an owner or operator subject to

the provisions of paragraph (b) of this

section seeks to demonstrate

compliance with a percent reduction

requirement or a parts per million by

volume requirement using a nonflare

combustion device, the following

information shall be recorded:

(i) For thermal incinerators, record the

fire box temperature measured at least

every 15 minutes and averaged over the

full period of the performance test.

(ii) For catalytic incinerators, record

the upstream and downstream

temperatures and the temperature

difference across the catalyst bed

measured at least every 15 minutes and

averaged over the full period of the

performance test.

(iii) For an incinerator, record the

percent reduction of regulated material

or TOC achieved by the incinerator

determined as specified in

§ 65.158(b)(4), as applicable, or the

concentration of regulated material or

TOC (parts per million by volume, by

compound) determined as specified in

§ 65.158(b)(3) at the outlet of the

incinerator.

(iv) For a boiler or process heater,

record a description of the location at

which the vent stream is introduced

into the boiler or process heater.

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78349

(v) For boilers or process heaters with

a design heat input capacity less than 44

megawatts (150 British thermal units

per hour) and where the vent stream is

not introduced with or as the primary

fuel, record the fire box temperature

measured at least every 15 minutes and

averaged over the full period of the

performance test.

(vi) For a boiler or process heater with

a design heat input capacity of less than

44 megawatts (150 British thermal units

per hour) and where the vent stream is

not introduced with or as the primary

fuel, record the percent reduction of

regulated material or TOC, or the

concentration of regulated material or

TOC (parts per million by volume, by

compound) determined as specified in

§ 65.158(b)(3) at the outlet of the

combustion device.

(2) Other nonflare control devices.

Where an owner or operator seeks to use

an absorber, condenser, or carbon

adsorber as a control device, the

following information shall be recorded,

as applicable:

(i) Where an absorber is used as the

control device, the exit specific gravity

and average exit temperature of the

absorbing liquid measured at least every

15 minutes and averaged over the same

time period as the performance test

(both measured while the vent stream is

normally routed and constituted); or

(ii) Where a condenser is used as the

control device, the average exit (product

side) temperature measured at least

every 15 minutes and averaged over the

same time period as the performance

test while the vent stream is routed and

constituted normally; or

(iii) Where a carbon adsorber is used

as the control device, the total

regeneration stream mass flow during

each carbon-bed regeneration cycle

during the period of the performance

test measured at least every 15 minutes

and averaged over the same time period

as the performance test (full carbon-bed

cycle), and temperature of the carbonbed after each regeneration during the

period of the performance test (and

within 15 minutes of completion of any

cooling cycle or cycles); or

(iv) As an alternative to paragraph

(b)(2)(i), (ii), or (iii) of this section, the

concentration level or reading indicated

by the organics monitoring device at the

outlet of the absorber, condenser, or

carbon adsorber measured at least every

15 minutes and averaged over the same

time period as the performance test

while the vent stream is normally

routed and constituted; and

(v) For an absorber, condenser, or

carbon adsorber used as a control

device, the percent reduction of

regulated material or TOC achieved by

the control device determined as

specified in § 65.158(b)(4), or the

concentration of regulated material or

TOC (parts per million by volume, by

compound) determined as specified in

§ 65.158(b)(3) at the outlet of the control

device.

(3) Halogen reduction devices. When

using a scrubber following a combustion

device to control a halogenated vent

stream, record the following

information:

(i) The percent reduction or scrubber

outlet mass emission rate of total

hydrogen halides and halogens as

specified in § 65.158(c);

(ii) The pH of the scrubber effluent

averaged over the time period of the

performance test; and

(iii) The scrubber liquid-to-gas ratio

averaged over the time period of the

performance test.

(c) Recovery device monitoring

records during the TRE index value

determination. For Group 2A process

vents, the following records, as

applicable, shall be maintained and

reported as specified in § 65.164(a)(3):

(1) Where an absorber is the final

recovery device in the recovery system,

the exit specific gravity and average exit

temperature of the absorbing liquid

measured at least every 15 minutes and

averaged over the same time period as

the TRE index value determination

(both measured while the vent stream is

normally routed and constituted); or

(2) Where a condenser is the final

recovery device in the recovery system,

the average exit (product side)

temperature measured at least every 15

minutes and averaged over the same

time period as the TRE index value

determination while the vent stream is

routed and constituted normally; or

(3) Where a carbon adsorber is the

final recovery device in the recovery

system, the total regeneration stream

mass flow measured at least every 15

minutes and averaged over the same

time during each carbon-bed

regeneration cycle during the period of

the TRE index value determination, and

temperature of the carbon-bed after each

regeneration during the period of the

TRE index value determination (and

within 15 minutes of completion of any

cooling cycle or cycles); or

(4) As an alternative to paragraph

(c)(1), (2), or (3) of this section, the

concentration level or reading indicated

by an organics monitoring device at the

outlet of the absorber, condenser, or

carbon adsorber measured at least every

15 minutes and averaged over the same

time period as the TRE index value

determination while the vent stream is

normally routed and constituted; and

(5) All measurements and calculations

performed to determine the TRE index

value of the vent stream as specified in

§ 65.64(h).

(d) Halogen concentration records.

Record the halogen concentration in the

vent stream determined according to the

procedures as specified in § 65.63(b) or

§ 65.83(b). Submit this record in the

Initial Compliance Status Report, as

specified in § 65.165(d). If the owner or

operator designates the vent stream as

halogenated, then this shall be recorded

and reported in the Initial Compliance

Status Report.

§ 65.161 Continuous records and

monitoring system data handling.

(a) Continuous records. Where this

subpart requires a monitoring device

capable of providing a continuous

record, the owner or operator shall

maintain the record specified in

paragraph (a)(1), (2), (3), or (4) of this

section, as applicable (The provisions of

this section apply to owners and

operators of storage vessels and lowthroughput transfer racks only if

specified by the applicable monitoring

plan established under § 65.165(c)(1)

and (2)):

(1) A record of values measured at

least once every 15 minutes or each

measured value for systems that

measure more frequently than once

every 15 minutes; or

(2) A record of block average values

for 15-minute or shorter periods

calculated from all measured data

values during each period or from at

least one measured data value per

minute if measured more frequently

than once per minute; or

(3) For data collected from an

automated continuous parameter

monitoring system, a record of block

hourly average values calculated from

each 15-minute block average period or

from at least one measured value per

minute if measured more frequently

than once per minute, and a record of

the most recent 3 valid hours of

continuous (15-minute or shorter)

records meeting the requirements of

paragraph (a)(1) or (2) of this section.

Records meeting the requirements of

paragraph (a)(1) or (2) of this section

shall also be kept for all periods that

include CPMS breakdown or

malfunction. During these periods, it is

not necessary to calculate hourly

averages; or

(4) A record as required by an

alternative approved under § 65.162(d).

(b) Excluded data. Monitoring data

recorded during the following periods

shall not be included in any average

computed to determine compliance

under this subpart:

78350 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

(1) Monitoring system breakdowns,

repairs, preventive maintenance,

calibration checks, and zero (low-level)

and high-level adjustments;

(2) Periods of non-operation of the

process unit (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies; and

(3) Startups, shutdowns, and

malfunctions.

(c) Records of daily averages. In

addition to the records specified in

paragraph (a) of this section, owners or

operators shall also keep records as

specified in paragraphs (c)(1) and (2) of

this section unless an alternative

monitoring or recordkeeping system has

been requested and approved under

§ 65.162(d).

(1) Except as specified in paragraph

(c)(2) of this section, daily average

values of each continuously monitored

parameter shall be calculated for each

operating day. Data meeting the

specifications of paragraph (b) of this

section shall not be included in the

average. The data shall be reported in

the periodic report as specified in

§ 65.166(f), if applicable.

(i) The daily average shall be

calculated as the average of all values

for a monitored parameter recorded

during the operating day as specified in

paragraph (a)(1), (2), or (3) of this

section. The average shall cover a 24-

hour period if operation is continuous,

or the number of hours of operation per

operating day if operation is not

continuous (for example, for highthroughput transfer racks, the average

shall cover periods of loading). If values

are measured more frequently than once

per minute, a single value for each

minute may be used to calculate the

daily average instead of all measured

values.

(ii) The operating day shall be the

period defined in the operating permit

or the Initial Compliance Status Report.

It may be from midnight to midnight or

another daily period.

(2) If all monitored parameter values

recorded under paragraph (a)(1), (2), or

(3) of this section, during an operating

day are within the range established in

the Initial Compliance Status Report or

in the operating permit, the owner or

operator does not have to calculate a

daily average value for the operating day

and may record that all values were

within the range. The owner or operator

must continue to retain the raw data, 15-

minute averages, or the hourly averages

required under paragraph (a)(1), (2), or

(3) of this section.

(d) Valid data. Unless determined to

be excluded data according to paragraph

(b) of this section, the data collected

pursuant to paragraphs (a) through (c) of

this section shall be considered valid.

(e) Alternative recordkeeping. For any

parameter with respect to any item of

equipment, the owner or operator may

implement the recordkeeping

requirements in paragraph (e)(1) or (2)

of this section as alternatives to the

continuous parameter monitoring and

recordkeeping provisions listed in

paragraphs (a) through (c) of this

section. The owner or operator shall

retain each record required by

paragraph (e)(1) or (2) of this section as

provided in § 65.4.

(1) The owner or operator may retain

only the daily average value and is not

required to retain more frequently

monitored operating parameter values

for a monitored parameter with respect

to an item of equipment if the

requirements of paragraphs (e)(1)(i)

through (vi) of this section are met. The

owner or operator shall notify the

Administrator of implementation of

paragraph (e)(1) of this section in the

Initial Compliance Status Report as

required in § 65.165(e) or, if the Initial

Compliance Status Report has already

been submitted, in the periodic report as

required in § 65.166(f)(4) immediately

preceding implementation of the

requirements of paragraph (e)(1) of this

section.

(i) The monitoring system can detect

unrealistic or impossible data during

periods of operation other than startups,

shutdowns, or malfunctions (for

example, a temperature reading of ¥200

°C on a boiler) and will alert the

operator by alarm or other means. The

owner or operator shall record the

occurrence. All instances of the alarm or

other alert in an operating day

constitute a single occurrence.

(ii) The monitoring system shall

generate a running average of the

monitoring values, updated at least

hourly throughout each operating day,

that have been obtained during that

operating day, and the capability to

observe this average is readily available

to the Administrator on-site during the

operating day. All instances in an

operating day constitute a single

occurrence. The owner or operator shall

record the occurrence of any period

meeting the following criteria:

(A) The running average is above the

maximum or below the minimum

established limits;

(B) The running average is based on

at least six 1-hour average values;

(C) The running average reflects a

period of operation other than a startup,

shutdown, or malfunction.

(iii) The monitoring system shall be

capable of detecting unchanging data

during periods of operation other than

startups, shutdowns, or malfunctions

except in circumstances where the

presence of unchanging data is the

expected operating condition based on

past experience (for example, pH in

some scrubbers), and will alert the

operator by alarm or other means. The

owner or operator shall record the

occurrence. All instances of the alarm or

other alert in an operating day

constitute a single occurrence.

(iv) The monitoring system shall alert

the owner or operator by an alarm if the

running average parameter value

calculated under paragraph (e)(1)(ii) of

this section reaches a set point that is

appropriately related to the established

limit for the parameter that is being

monitored.

(v) The owner or operator shall verify

and document the proper functioning of

the monitoring system, including its

ability to comply with the requirements

of paragraph (e)(1) of this section, at the

following times:

(A) Upon initial installation;

(B) Annually after initial installation;

and

(C) After any change to the

programming or equipment constituting

the monitoring system, that might

reasonably be expected to alter the

monitoring system’s ability to comply

with the requirements of this section.

(vi) The owner or operator shall retain

the following records:

(A) Identification of each parameter

for each item of equipment for which

the owner or operator has elected to

comply with the requirements of

§ 65.162(e).

(B) A description of the applicable

monitoring system(s) and of how

compliance will be achieved with each

requirement of paragraphs (e)(1)(i)

through (v) of this section. The

description shall identify the location

and format (for example, on-line storage;

log entries) for each required record. If

the description changes, the owner or

operator shall retain both the current

and the most recent outdated

description.

(C) A description and the date of any

change to the monitoring system that

would reasonably be expected to affect

its ability to comply with the

requirements of paragraph (e)(1) of this

section.

(D) Owners and operators shall retain

the current description of the

monitoring system as long as the

description is current, but not less than

5 years from the date of its creation. The

current description shall be retained onsite at all times or be accessible from a

central location by computer or other

means that provide access within 2

hours after a request. The owner or

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78351

operator shall retain the most recent

outdated description at least until 5

years from the date of its creation. The

outdated description shall be retained

on-site (or accessible from a central

location by computer that provides

access within 2 hours after a request) at

least 6 months after being outdated.

Thereafter, the outdated description

may be stored off-site.

(2) If an owner or operator has elected

to implement the requirements of

paragraph (e)(1) of this section and a

period of 6 consecutive months has

passed without an excursion as defined

in paragraph (e)(2)(iv) of this section,

the owner or operator is no longer

required to record the daily average

value for that parameter for that unit of

equipment for any operating day when

the daily average value is less than the

maximum or greater than the minimum

established limit. With approval by the

Administrator, monitoring data

generated prior to the compliance date

of this subpart shall be credited toward

the period of 6 consecutive months if

the parameter limit and the monitoring

were required and/or approved by the

Administrator.

(i) If the owner or operator elects not

to retain the daily average values, the

owner or operator shall notify the

Administrator in the next periodic

report. The notification shall identify

the parameter and unit of equipment.

(ii) If there is an excursion as defined

in paragraph (e)(2)(iv) of this section on

any operating day after the owner or

operator has ceased recording daily

averages as provided in paragraph (e)(2)

of this section, the owner or operator

shall immediately resume retaining the

daily average value for each day and

shall notify the Administrator in the

next periodic report. The owner or

operator shall continue to retain each

daily average value until another period

of 6 consecutive months has passed

without an excursion.

(iii) The owner or operator shall retain

the records specified in paragraphs

(e)(1)(i) through (vi) of this section for

the duration specified in § 65.4. For any

calendar week, if compliance with

paragraphs (e)(1)(i) through (iv) of this

section does not result in retention of a

record of at least one occurrence or

measured parameter value, the owner or

operator shall record and retain at least

one parameter value during a period of

operation other than a startup,

shutdown, or malfunction.

(iv) For purposes of paragraph (e) of

this section, an excursion means that

the daily average value of monitoring

data for a parameter is greater than the

maximum or less than the minimum

established value except as provided in

the following:

(A) The daily average value during

any startup, shutdown, or malfunction

shall not be considered an excursion for

purposes of this paragraph (e) if the

owner or operator follows the applicable

provisions of the startup, shutdown, and

malfunction plan required by § 65.6.

(B) Excused excursions described in

§ 65.156(d)(2) and excursions described

in § 65.156(d)(3) do not count toward

the number of excursions for purposes

of this paragraph (e).

§ 65.162 Nonflare control and recovery

device monitoring records.

(a) Monitoring system records. For

process vents and high-throughput

transfer racks, the owner or operator

subject to this subpart shall keep the

records specified in paragraph (a) of this

section as well as records specified

elsewhere in this part.

(1) For CPMS used to comply with

this part, a record of the procedure used

for calibrating the CPMS.

(2) For CPMS used to comply with

this subpart, records of the following

information, as applicable:

(i) The date and time of completion of

calibration and preventive maintenance

of the CPMS;

(ii) The ‘‘as found’’ and ‘‘as left’’

CPMS readings whenever an adjustment

is made that affects the CPMS reading

and a ‘‘no adjustment’’ statement

otherwise;

(iii) The start time and duration or

start and stop time of any periods when

the CPMS is inoperative or

malfunctioning;

(iv) Records of the occurrence and

duration of each startup, shutdown, and

malfunction of CPMS used to comply

with this part during which excess

emissions (as defined in § 65.3(a)(4))

occur; and

(v) For each startup, shutdown, and

malfunction during which excess

emissions as defined in § 65.3(a)(4) of

this part occur, records whether the

procedures specified in the source’s

startup, shutdown, and malfunction

plan were followed and documentation

of actions taken that are not consistent

with the plan. These records may take

the form of a checklist, or other form of

recordkeeping that confirms

conformance with the startup,

shutdown, and malfunction plan for the

event.

(3) Records of startup, shutdown, and

malfunction and CPMS calibration and

maintenance are not required if they

pertain solely to Group 2A process

vents.

(b) Combustion control and halogen

reduction device monitoring records. (1)

Each owner or operator using a

combustion control or halogen

reduction device to comply with this

subpart shall keep, as applicable, up-todate and readily accessible continuous

records, as specified in § 65.161(a); and

records of the equipment operating

parameters specified to be monitored

under § 65.148(c) (incinerator

monitoring); § 65.149(c) (boiler and

process heater monitoring); § 65.154(c)

(halogen reduction device monitoring);

§ 65.155(c) (other control device

monitoring); or specified by the

Administrator in accordance with

paragraph (e) of this section.

(2) Each owner or operator shall keep

records of the daily average value of

each continuously monitored parameter

for each operating day determined

according to the procedures specified in

§ 65.161(c)(1). For catalytic incinerators,

record the daily average of the

temperature upstream of the catalyst

bed and the daily average of the

temperature differential across the bed.

For halogen scrubbers, record the daily

average pH and the liquid-to-gas ratio.

(3) Each owner or operator subject to

the provisions of this subpart shall keep

up-to-date, readily accessible records of

periods of operation during which the

parameter boundaries are exceeded and

report these exceedances as specified in

§ 65.166(f)(1). The parameter boundaries

are established pursuant to

§ 65.148(c)(2) (incinerator monitoring),

§ 65.149(c)(2) (boiler and process heater

monitoring), § 65.154(c)(2) (halogen

reduction device monitoring), or

§ 65.155(c)(2) (other control device

monitoring), as applicable.

(c) Monitoring records for recovery

devices on Group 2A process vents and

for absorbers, condensers, carbon

adsorbers, or other noncombustion

systems used as control devices. (1)

Each owner or operator using a recovery

device to achieve and maintain a TRE

index value greater than 1.0 but less

than 4.0 or using an absorber,

condenser, carbon adsorber, or other

noncombustion system as a control

device shall keep readily accessible,

continuous records, as specified in

§ 65.161(a), of the equipment operating

parameters specified to be monitored

under § 65.150(c) (absorber monitoring),

§ 65.151(c) (condenser monitoring),

§ 65.152(c) (carbon adsorber

monitoring), § 65.153(c) (recovery

device monitoring) or § 65.155(c) (other

control device monitoring), or specified

by the Administrator in accordance with

paragraph (e) of this section. For transfer

racks, continuous records are required

while the transfer vent stream is being

vented.

78352 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

(2) Each owner or operator shall keep

records of the daily average value of

each continuously monitored parameter

for each operating day determined

according to the procedures specified in

§ 65.161(c)(1). If carbon adsorber

regeneration stream flow and carbon

bed regeneration temperature are

monitored, the following records shall

be kept instead of the daily averages,

and the records shall be reported as

specified in § 65.166(f)(2):

(i) Records of total regeneration

stream mass or volumetric flow for each

carbon-bed regeneration cycle; and

(ii) Records of the temperature of the

carbon bed after each regeneration and

within 15 minutes of completing any

cooling cycle.

(3) Each owner or operator subject to

the provisions of this subpart shall keep

up-to-date, readily accessible records of

periods of operation during which the

parameter boundaries are exceeded and

report these exceedances as specified in

§ 65.166(f)(1). The parameter boundaries

are established pursuant to

§ 65.150(c)(2) (absorber monitoring),

§ 65.151(c)(2) (condenser monitoring),

§ 65.152(c)(2) (carbon adsorber

monitoring), or § 65.155(c)(2) (other

control device monitoring), as

applicable.

(d) Alternatives to the continuous

operating parameter monitoring and

recordkeeping provisions. An owner or

operator may request approval to use

alternatives to the continuous operating

parameter monitoring and

recordkeeping provisions listed in

§§ 65.148(c), 65.149(c), 65.150(c),

65.151(c), 65.152(c), 65.153(c),

65.154(c), 65.160, and paragraphs (b)

and (c) of this section.

(1) Requests shall be included in the

operating permit application or as

otherwise specified by the permitting

authority and shall contain the

information specified in paragraphs

(d)(3) through (5) of this section, as

applicable.

(2) The provisions in § 65.7(c) shall

govern the review and approval of

requests.

(3) An owner or operator of a source

that does not have an automated

monitoring and recording system

capable of measuring parameter values

at least once every 15 minutes and

generating continuous records may

request approval to use a nonautomated

system with less frequent monitoring.

(i) The requested system shall include

manual reading and recording of the

value of the relevant operating

parameter no less frequently than once

per hour. Daily average values shall be

calculated from these hourly values and

recorded.

(ii) The request shall contain the

following information:

(A) A description of the planned

monitoring and recordkeeping system;

(B) Documentation that the source

does not have an automated monitoring

and recording system capable of

meeting the specified requirements;

(C) Justification for requesting an

alternative monitoring and

recordkeeping system; and

(D) Demonstration to the

Administrator’s satisfaction that the

proposed monitoring frequency is

sufficient to represent control device

operating conditions considering typical

variability of the specific process and

control device operating parameter

being monitored.

(4) An owner or operator may request

approval to use an automated data

compression recording system that does

not record monitored operating

parameter values at a set frequency (for

example, once every 15 minutes) but

records all values that meet set criteria

for variation from previously recorded

values.

(i) The requested system shall be

designed to perform the following

functions:

(A) Measure the operating parameter

value at least once every 15 minutes;

(B) Record at least four values each

hour during periods of operation;

(C) Record the date and time when

monitors are turned off or on;

(D) Recognize unchanging data that

may indicate the monitor is not

functioning properly, alert the operator,

and record the incident; and

(E) Compute daily average values of

the monitored operating parameter

based on recorded data. If the daily

average is not an excursion as defined

in § 65.161(e)(2)(iv), the data for that

operating day may be converted to

hourly average values, and the four or

more individual records for each hour

in the operating day may be discarded.

(ii) The request shall contain a

description of the monitoring system

and data compression recording system,

including the criteria used to determine

which monitored values are recorded

and retained, the method for calculating

averages, and a demonstration that the

system meets all criteria in paragraph

(d)(4)(i) of this section.

(5) An owner or operator may request

approval to use other alternative

monitoring and recordkeeping systems

as specified in § 65.7(b). The application

shall contain a description of the

proposed alternative system. In

addition, the application shall include

information justifying the owner or

operator’s request for an alternative

monitoring method, such as the

technical or economic infeasibility, or

the impracticality, of the regulated

source using the required method.

(e) Monitoring a different parameter

than those listed. The owner or operator

who has been directed by § 65.154(c)(2)

or § 65.155(c)(1) to set monitoring

parameters, or who requests as allowed

by § 65.156(e) approval to monitor a

different parameter than those listed in

§§ 65.148(c), 65.149(c), 65.150(c),

65.151(c), 65.152(c), 65.153(c),

65.154(c), 65.160, or paragraph (b) or (c)

of this section, shall submit the

following information with the

operating permit application or as

otherwise specified by the permitting

authority:

(1) A description of the parameter(s)

to be monitored to ensure the process,

control technology, or pollution

prevention measure is operated in

conformance with its design and

achieves the specified emission limit,

percent reduction, or nominal

efficiency, and an explanation of the

criteria used to select the parameter(s).

(2) A description of the methods and

procedures that will be used to

demonstrate that the parameter

indicates proper operation of the control

device, the schedule for this

demonstration, and a statement that the

owner or operator will establish a range

for the monitored parameter as part of

the Initial Compliance Status Report

required in § 65.5(d) unless this

information has already been included

in the operating permit application or

previously established under a

referencing subpart.

(3) The frequency and content of

monitoring, recording, and reporting if

monitoring and recording is not

continuous, or if reports of daily average

values when the monitored parameter

value is outside the range established in

the operating permit or Initial

Compliance Status Report will not be

included in Periodic Reports as

specified in § 65.166(e). The rationale

for the proposed monitoring, recording,

and reporting system shall be included.

§ 65.163 Other records.

(a) Closed vent system records. For

closed vent systems, the owner or

operator shall record the following

information, as applicable:

(1) For each closed vent system that

contains bypass lines that could divert

a vent stream away from the control

device and to the atmosphere, the owner

or operator shall keep a record of the

information specified in either

paragraph (a)(1)(i) or (ii) of this section,

as applicable. The information shall be

reported as specified in § 65.166(b).

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78353

(i) Hourly records of whether the flow

indicator specified under

§ 65.143(a)(3)(i) was operating and

whether a diversion was detected at any

time during the hour, as well as records

of the times of all periods when the vent

stream is diverted from the control

device or the flow indicator is not

operating.

(ii) Where a seal mechanism is used

to comply with § 65.143(a)(3)(ii), hourly

records of flow are not required. In such

cases, the owner or operator shall record

that the monthly visual inspection of

the seals or closure mechanisms has

been done and shall record the

occurrence of all periods when the seal

mechanism is broken, the bypass line

valve position has changed, or the key

for a lock-and-key type lock has been

checked out, and records of any car-seal

that has been broken.

(2) For closed vent systems collecting

regulated material from a storage vessel,

transfer rack, or equipment leak, the

owner or operator shall record the

identification of all parts of the closed

vent system that are designated as

unsafe or difficult-to-inspect pursuant to

§ 65.143(b)(2) or (3), an explanation of

why the equipment is unsafe or

difficult-to-inspect, and the plan for

inspecting the equipment as required by

§ 65.143(b)(2)(ii) or (b)(3)(ii).

(3) For a closed vent system collecting

regulated material from a storage vessel,

transfer rack, or equipment leaks, when

a leak is detected as specified in

§ 65.143(d)(1), the information specified

in paragraphs (a)(3)(i) through (vi) of

this section shall be recorded. The data

shall be reported as specified in

§ 65.166(b)(1).

(i) The instrument and the equipment

identification number and the operator

name, initials, or identification number.

(ii) The date the leak was detected

and the date of the first attempt to repair

the leak.

(iii) The date of successful repair of

the leak.

(iv) The maximum instrument reading

measured by the procedures in

§ 65.143(c) after the leak is successfully

repaired or determined to be

nonrepairable.

(v) ‘‘Repair delayed’’ and the reason

for the delay if a leak is not repaired

within 15 calendar days after discovery

of the leak. The owner or operator may

develop a written procedure that

identifies the conditions that justify a

delay of repair. In such cases, reasons

for delay of repair may be documented

by citing the relevant sections of the

written procedure.

(vi) Copies of the periodic reports if

records are not maintained on a

computerized database capable of

generating summary reports from the

records.

(4) For each instrumental or visual

inspection conducted in accordance

with § 65.143(b)(1) for closed vent

systems collecting regulated material

from a storage vessel, transfer rack, or

equipment leaks during which no leaks

are detected, the owner or operator shall

record that the inspection was

performed, the date of the inspection,

and a statement that no leaks were

detected.

(5) For instrument response factor

criteria determinations performed

pursuant to § 65.143(c)(1)(ii), the owner

or operator shall maintain a record of an

engineering assessment that identifies

the representative composition of the

process fluid. This assessment shall be

based on knowledge of the compounds

present in the process, similarity of

response factors for the materials

present, the range of compositions

encountered during monitoring, or other

information available to the owner or

operator.

(b) Storage vessel and transfer rack

records. For storage vessels, an owner or

operator shall keep readily accessible

records of the information specified in

paragraphs (b)(1) through (3) of this

section, as applicable. For lowthroughput transfer racks, an owner or

operator shall keep readily accessible

records of the information specified in

paragraph (b)(1) of this section.

(1) A record of the measured values of

the parameters monitored in accordance

with § 65.145(c)(2) and report in the

periodic report as specified in

§ 65.166(e), if applicable.

(2) A record of the planned routine

maintenance performed on the control

system during which the control system

does not meet the applicable

specifications of §§ 65.143(a), 65.145(a),

or 65.147(a), as applicable, due to the

planned routine maintenance. Such a

record shall include the information

specified in paragraphs (b)(2)(i) through

(iii) of this section. This information

shall be submitted in the periodic

reports as specified in § 65.166(d)(1).

(i) The first time of day and date the

requirements of §§ 65.143(a), 65.145(a),

or 65.147(a), as applicable, were not met

at the beginning of the planned routine

maintenance.

(ii) The first time of day and date the

requirements of §§ 65.143(a), 65.145(a),

or 65.147(a), as applicable, were met at

the conclusion of the planned routine

maintenance.

(iii) A description of the type of

maintenance performed.

(3) Bypass records for storage vessel

emissions routed to a process or fuel gas

system. An owner or operator who uses

the bypass provisions of § 65.144(a)(2)

shall keep in a readily accessible

location the following records:

(i) The reason it was necessary to

bypass the process equipment or fuel

gas system;

(ii) The duration of the period when

the process equipment or fuel gas

system was bypassed;

(iii) Documentation or certification of

compliance with the applicable

provisions of § 65.42(b)(6).

(c) Regulated source and control

equipment startup, shutdown and

malfunction records. (1) Records of the

occurrence and duration of each startup,

shutdown, and malfunction of process

equipment or of air pollution control

equipment used to comply with this

part during which excess emissions (as

defined in § 65.3(a)(4)) occur.

(2) For each startup, shutdown, and

malfunction during which excess

emissions occur, records whether the

procedures specified in the source’s

startup, shutdown, and malfunction

plan were followed, and documentation

of actions taken that are not consistent

with the plan. For example, if a startup,

shutdown, and malfunction plan

includes procedures for routing control

device emissions to a backup control

device (for example, the incinerator for

a halogenated stream could be routed to

a flare during periods when the primary

control device is out of service), records

must be kept of whether the plan was

followed. These records may take the

form of a checklist or other form of

recordkeeping that confirms

conformance with the startup,

shutdown, and malfunction plan for the

event.

(3) Records of startup, shutdown, and

malfunction and continuous monitoring

system calibration and maintenance are

not required if they pertain solely to

Group 2A process vents.

(d) Equipment leak records. The

owner or operator shall maintain

records of the information specified in

paragraphs (d)(1) and (2) of this section

for closed vent systems and control

devices subject to the provisions of

subpart F of this part. The owner or

operator shall meet the record retention

requirements of § 65.4, except the

records specified in paragraph (d)(1) of

this section shall be kept as long as the

equipment is in operation.

(1) The following design

specifications and performance

demonstrations:

(i) Detailed schematics, design

specifications of the control device, and

piping and instrumentation diagrams.

(ii) The dates and descriptions of any

changes in the design specifications.

78354 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

(iii) A description of the parameter or

parameters monitored as required in

§ 65.146(c) to ensure that control

devices are operated and maintained in

conformance with their design, and an

explanation of why that parameter (or

parameters) was selected for the

monitoring.

(2) The following records of operation

of closed vent systems and control

devices:

(i) Dates and durations when the

closed vent systems and control devices

required in § 65.115(b) are not operated

as designed as indicated by the

monitored parameters, including

periods when a flare flame or at least

one pilot flame is not present.

(ii) Dates and durations during which

the monitoring system or monitoring

device is inoperative.

(iii) Dates and durations of startups

and shutdowns of control devices

required in § 65.115(b).

(e) Records of monitored parameters

outside of range. The owner or operator

shall record the occurrences and the

cause of periods when the monitored

parameters are outside of the parameter

ranges documented in the Initial

Compliance Status Report in accordance

with § 65.165(b). This information shall

be reported in the periodic report as

specified in § 65.166(e).

§ 65.164 Performance test and flare

compliance determination notifications and

reports.

(a) Performance test and flare

compliance determination reports.

Performance test reports and flare

compliance determination reports shall

be submitted as specified in paragraphs

(a)(1) through (3) of this section.

(1) For performance tests or flare

compliance determinations, the Initial

Compliance Status Report or report

required by paragraph (b)(2) of this

section shall include one complete test

report as specified in paragraph (a)(2) of

this section for each test method used

for a particular kind of emission point,

and other applicable information

specified in paragraph (a)(3) of this

section. For additional tests performed

for the same kind of emission point

using the same method, the results and

any other information required in

applicable sections of this subpart or in

other subparts of this part shall be

submitted, but a complete test report is

not required.

(2) A complete test report shall

include a brief process description,

sampling site description, description of

sampling and analysis procedures and

any modifications to standard

procedures, quality assurance

procedures, record of operating

conditions during the test, record of

preparation of standards, record of

calibrations, raw data sheets for field

sampling, raw data sheets for field and

laboratory analyses, documentation of

calculations, and any other information

required by the test method.

(3) The performance test or flare

compliance determination report shall

also include the following information,

as applicable:

(i) For flare compliance

determinations, the owner or operator

shall submit the records specified in

§ 65.159(b).

(ii) For nonflare combustion device

and halogen reduction device

performance tests as required under

§§ 65.148(b), 65.149(b), 65.150(b),

65.151(b), 65.152(b), 65.154(b), or

65.155(b), the owner or operator shall

submit the applicable records specified

in § 65.160(b).

(iii) For Group 2A process vents, the

owner or operator shall submit the

records specified in § 65.160(c), as

applicable.

(b) Other notifications and reports. (1)

The owner or operator shall notify the

Administrator of the intention to

conduct a performance test at least 30

calendar days before the performance

test is scheduled to allow the

Administrator the opportunity to have

an observer present. If after 30 days

notice for an initially scheduled

performance test, there is a delay (due

to operational problems, etc.) in

conducting the scheduled performance

test, the owner or operator of an affected

facility shall notify the Administrator as

soon as possible of any delay in the

original test date. The owner or operator

shall provide at least 7 days prior notice

of the rescheduled date of the

performance test or arrange a

rescheduled date with the

Administrator by mutual agreement.

(2) Unless specified differently in this

subpart or another subpart of this part,

performance test and flare compliance

determination reports not submitted as

part of an Initial Compliance Status

Report shall be submitted to the

Administrator within 60 days of

completing the test or determination.

(3) Any application for a waiver of an

initial performance test or flare

compliance determination as allowed by

§ 65.157(b)(2), shall be submitted no

later than 90 calendar days before the

performance test or flare compliance

determination is required. The

application for a waiver shall include

information justifying the owner or

operator’s request for a waiver, such as

the technical or economic infeasibility,

or the impracticality, of the source

performing the test.

§ 65.165 Initial Compliance Status Reports.

(a) An owner or operator who elects

to comply with § 65.144 by routing

emissions from a storage vessel or

transfer rack to a process or to a fuel gas

system shall submit as part of the Initial

Compliance Status Report the following

information, as applicable:

(1) If storage vessel emissions are

routed to a process, the owner or

operator shall submit the information

specified in § 65.144(b)(3).

(2) As specified in § 65.144(c), if

storage vessel emissions are routed to a

fuel gas system, the owner or operator

shall submit a statement that the

emission stream is connected to a fuel

gas system.

(3) As specified in § 65.144(c), report

that the transfer rack emission stream is

being routed to a fuel gas system or

process when complying with the

requirements of § 65.83(a)(4).

(b) An owner or operator who elects

to comply with § 65.145 by routing

emissions from a storage vessel or lowthroughput transfer rack to a nonflare

control device or halogen reduction

device shall submit with the Initial

Compliance Status Report required by

§ 65.5(d) the applicable information

specified in paragraphs (b)(1) through

(6) of this section. Owners and operators

who elect to comply with

§ 65.145(b)(1)(i) or (b)(3)(i) by

submitting a design evaluation shall

submit the information specified in

paragraphs (b)(1) through (4) of this

section. Owners and operators who elect

to comply with § 65.145(b)(1)(ii) or

(b)(3)(ii) by submitting performance test

results shall submit the information

specified in paragraphs (b)(1), (2), (4),

and (5) of this section. Owners and

operators who elect to comply with

§ 65.145(b)(1)(iii) or (b)(3)(iii) by

submitting performance test results for a

shared control device or halogen

reduction device shall submit the

information specified in paragraph

(b)(6) of this section.

(1) A description of the parameter or

parameters to be monitored to ensure

that the control device or halogen

reduction device is being properly

operated and maintained, an

explanation of the criteria used for

selection of that parameter (or

parameters), and the frequency with

which monitoring will be performed (for

example, when the liquid level in the

storage vessel is being raised). If

continuous records are specified,

indicate whether the provisions of

§ 65.166(f) apply.

(2) The operating range for each

monitoring parameter identified in the

monitoring plan required by

§ 65.145(c)(1). The specified operating

Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78355

range shall represent the conditions for

which the control device or halogen

reduction device is being properly

operated and maintained.

(3) The documentation specified in

§ 65.145(b)(1)(i), if the owner or operator

elects to prepare a design evaluation;

and the documentation specified in

§ 65.145(b)(3)(i), if the owner or operator

elects to prepare a design evaluation for

a halogen reduction device.

(4) The provisions of § 65.166(f) do

not apply to any low-throughput

transfer rack for which the owner or

operator has elected to comply with

§ 65.145 or to any storage vessel for

which the owner or operator is not

required to keep continuous records, as

specified by the applicable monitoring

plan established under § 65.145(c)(1)

and (2). If continuous records are

required, the owner or operator shall

specify in the monitoring plan whether

the provisions of § 65.166(f) apply.

(5) A summary of the results of the

performance test described in

§ 65.145(b)(1)(ii), (1)(iii), (3)(ii), and/or

(3)(iii), as applicable. If a performance

test is conducted as provided in

§ 65.145(b)(1)(ii) and/or (b)(3)(ii), submit

the results of the performance test,

including the information specified in

§ 65.164(a)(1) and (2).

(6) Identification of the storage vessel

or low-throughput transfer rack and

control device and/or halogen reduction

device for which the performance test

will be submitted, and identification of

the emission point(s), if any, that share

the control device and/or halogen

reduction device with the storage vessel

or low-throughput transfer rack and for

which the performance test will be

conducted.

(c) The owner or operator shall submit

as part of the Initial Compliance Status

Report the operating range for each

monitoring parameter identified for

each control, recovery, or halogen

reduction device as determined in

§§ 65.148(c)(2), 65.149(c)(2),

65.150(c)(2), 65.151(c)(2), 65.152(c)(2),

65.153(c)(5), 65.154(c)(3), and

65.155(c)(2). The specified operating

range shall represent the conditions for

which the control, recovery, or halogen

reduction device is being properly

operated and maintained. This report

shall include the information in

paragraphs (c)(1) through (3) of this

section, as applicable, unless the range

and the operating day definition have

been established in the operating

permit:

(1) The specific range of the

monitored parameter(s) for each

emission point.

(2) The rationale for the specific range

for each parameter for each emission

point, including any data and

calculations used to develop the range

and a description of why the range

indicates proper operation of the

control, recovery, or halogen reduction

device, as specified in the following, as

applicable:

(i) If a performance test or TRE index

value determination is required by this

subpart or another subpart of this part

for a control, recovery or halogen

removal device, the range shall be based

on the parameter values measured

during the TRE index value

determination or performance test and

may be supplemented by engineering

assessments and/or manufacturer’s

recommendations. The TRE index value

determinations and performance testing

is not required to be conducted over the

entire range of permitted parameter

values.

(ii) If a performance test or TRE index

value determination is not required by

this subpart or other subparts of this

part for a control, recovery, or halogen

reduction device, the range may be

based solely on engineering assessments

and/or manufacturer’s

recommendations.

(iii) The range may be based on ranges

or limits previously established under a

referencing subpart.

(3) A definition of the source’s

operating day for purposes of

determining daily average values of

monitored parameters. The definition

shall specify the times at which an

operating day begins and ends.

(d) Halogen reduction device. The

owner or operator shall submit as part

of the Initial Compliance Status Report

the information recorded pursuant to

§ 65.160(d).

(e) Alternative recordkeeping. The

owner or operator shall notify the

Administrator in the Initial Compliance

Status Report if the alternative

recordkeeping provisions of

§ 65.161(e)(1) are being implemented. If

the Initial Compliance Status Report has

been submitted, the notification must be

in the periodic report submitted

immediately preceding implementation

of the alternative, as provided in

§ 65.166(f)(4).

(f) Exemptions from performance tests

and design evaluation. The owner or

operator shall identify in the Initial

Compliance Status Report whether an

exemption from performance testing or

conducting a design evaluation, as

provided in §§ 65.145(b)(2),

65.148(b)(2), or 65.149(b)(2), is being

invoked, and which of the provisions of

§§ 65.145(b)(2), 65.148(b)(2), or

65.149(b)(2) apply.

§ 65.166 Periodic reports.

(a) Periodic reports shall include the

reporting period dates, the total source

operating time for the reporting period,

and, as applicable, all information

specified in this section and in other

subparts of this part, including reports

of periods when monitored parameters

are outside their established ranges.

(b) For closed vent systems subject to

the requirements of § 65.143, the owner

or operator shall submit as part of the

periodic report the following

information, as applicable:

(1) The information recorded in

§ 65.163(a)(3)(ii) through (v);

(2) Reports of the times of all periods

recorded under § 65.163(a)(1)(i) when

the vent stream is diverted from the

control device through a bypass line;

and

(3) Reports of all times recorded

under § 65.163(a)(1)(ii) when

maintenance is performed on car-sealed

valves, when the seal is broken, when

the bypass line valve position is

changed, or the key for a lock-and-key

type configuration has been checked

out.

(c) For flares subject to this subpart,

report all periods when all pilot flames

were absent or the flare flame was

absent as recorded in § 65.159(d)(1).

(d) For storage vessels, the owner or

operator shall include in each periodic

report required the following

information:

(1) For the 6-month period covered by

the periodic report, the information

recorded in § 65.163(b)(2)(i) through

(iii).

(2) For the time period covered by the

periodic report and the previous

periodic report, the total number of

hours that the control system did not

meet the requirements of §§ 65.143(a),

65.145(a), or 65.147(a) due to planned

routine maintenance.

(3) A description of the planned

routine maintenance that is anticipated

to be performed for the control system

during the next 6-month periodic

reporting period when the control

system is not expected to meet the

required control efficiency. This

description shall include the type of

maintenance necessary, planned

frequency of maintenance, and expected

lengths of maintenance periods.

(e) If a nonflare control device,

including a halogen reduction device for

a low-throughput transfer rack, is used

to control emissions from storage

vessels or low-throughput transfer racks,

the periodic report shall identify and

state the cause for each occurrence

when the monitored parameters were

outside of the parameter ranges

documented in the Initial Compliance

78356 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

Status Report in accordance with

§ 65.165(b).

(f) For process vents and highthroughput transfer racks, periodic

reports shall include the following

information:

(1) Periodic reports shall include the

daily average values of monitored

parameters, calculated as specified in

§ 65.161(c)(1) for any days when the

daily average value is outside the

bounds as specified in § 65.162(b)(3) or

(c)(3), or the data availability

requirements defined in § 65.156(d)(1)

are not met, whether these excursions

are excused or unexcused excursions.

For excursions caused by lack of

monitoring data, the duration of periods

when monitoring data were not

collected shall be specified.

(2) Report all carbon-bed regeneration

cycles during which the parameters

recorded under § 65.162(c)(2) were

outside the ranges established in the

Initial Compliance Status Report or in

the operating permit.

(3) The provisions of paragraphs (f)(1)

and (2) of this section do not apply to

any low-throughput transfer rack for

which the owner or operator has elected

to comply with § 65.145, or to any

storage vessel for which the owner or

operator is not required by the

applicable monitoring plan established

under § 65.165(c)(1) and (2) to keep

continuous records. If continuous

records are required, the owner or

operator shall specify in the monitoring

plan whether the provisions of

paragraphs (f)(1) and (2) of this section

apply.

(4) If the owner or operator has

chosen to use the alternative

recordkeeping provisions of

§ 65.161(e)(1) and has not notified the

Administrator in the Initial Compliance

Status Report that the alternative

recordkeeping provisions are being

implemented as provided in § 65.165(e),

the owner or operator shall notify the

Administrator in the periodic report

submitted immediately before

implementation of the alternative.

§ 65.167 Other reports.

(a) Replacing an existing control or

recovery device. As specified in

§§ 65.147(b)(2), 65.148(b)(3),

65.149(b)(3), 65.150(b)(2), 65.151(b)(2),

65.152(b)(2), or 65.153(b)(2), if an owner

or operator at a facility not required to

obtain a title V permit elects at a later

date to use a different control or

recovery device, then the Administrator

shall be notified by the owner or

operator before implementing the

change. This notification may be

included in the facility’s periodic

reporting and shall include a

description of any changes made to the

closed vent system.

(b) Startup, shutdown, and

malfunction periodic reports. Startup,

shutdown, and malfunction periodic

reports shall be submitted as required in

§ 65.6(c).

§§ 65.168–65.169 [Reserved]

[FR Doc. 00–25044 Filed 12–13–00; 8:45 am]

BILLING CODE 6560–50–P