p.1 

OAR Box 1168 

Prepped by Ollie Stewart 

Document Number: 

106) ll-C-35 

Docket Number: 

A-89-10 

Printed 4/29/2008 11:23:20 AM Sheet 106 of 131 
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' A 

y

osry 

UNITED STATES ENVIRONMENTAL PROTECTIC 

Office of Air Quality Planning and Stand 

Research Triangle Park, North Carolina 2, 

11/23/90 

SUBJECT: Revised Pages for 11/16/90 Regualtion Attached to Agreement in 

Principle 

TO: Reg Neg Committee 

Please find enclosed revised pages 23, 32, 33, 36, 37, 71, and 72 to the 

draft equipment leak regulation. Replace the corresponding pages in the 

11/16/90 draft with these pages, dated 11/23/90. The pages reflect the 

following changes: 

1. At the request of one of the committee members, we have made taking 

credits for valves and connectors that are removed from the process 

units an option. The effect of this is that an owner or operator may 

wish not to take advantage of the credits in order avoid keeping records 

of removed equipment, associated with the credits. These changes are 

reflected on pages 23, 36, 37, and 72. 

2. We have clarified the language on pages 32 and 33 on the one-time 

"welded connector" leak check. The revised language makes it clear that 

the provision applies to connectors removed from a process unit after 

proposal by either welding it completely onto the pipe or piece of 

equipment or physically removing the connector and welding the pipe 

together. 

3. We have deleted paragraph (5) from page 33. This paragraph explicity 

allowed the Administrator to check suspect welded connectors. The 

paragraph, however, is unnecessary, as the Administrator has enforcement 

authority to check the exempt status of equipment exempted by the 

regulation. 

All of these revisions are minor and do not change the substance or 

intent of the provisions that were changed from the 11/16/90 draft. These are 

the final changes we will be making. To my knowledge, based on the comments 

received and the Committee members I have talked with, these changes are 

acceptable and satisfactory to all. Please sign your agreement with these 

amendments and return to Phil. If you have already done so, I have included 

another copy of the agreement to sign, signifying your review and approval of 

the attached changes. Thanks. 

Sincerely, 

Rick Colyer 
P.3 

Draft 11/23/90 

(3) At process units with less than 1 percent leaking valves, the owner 

or operator may elect to monitor each valve once every 2 quarters. 

(4) At process units with less than 0.5 percent leaking valves, the 

owner or operator may elect to monitor each valve once every 4 quarters. 

(e)(1) Percent leaking valves at a process unit shall be determined by 

the following equation: 

%vL = (VL/(VT + Vc)) X 100 

where 

%V, = percent leaking valves 

V, = number of valves found leaking excluding nonrepairables as 

provided in paragraph (e)(3)(i) of this section 

V-r = Total valves monitored 

Vp = Optional credit for removed valves = 0.67 X net number (i.e., 

total removed - total added) of valves in VHAP service removed 

from process unit after the applicability date set forth in 

§XX.X0(b) for existing process units, and after the date of 

startup for new, modified, or reconstructed process units.||||| 

credits are not taken, then V^ « G, 

(2) For use in determining monitoring frequency, as specified in 

paragraph (d) of this section, the percent leaking valves shall be calculated 

as a rolling average of 2 consecutive monitoring periods for monthly, 

quarterly, or semiannual monitoring programs; and as an average of any 3 out 

of 4 consecutive monitoring periods for annual monitoring programs. 

(3)(i) Nonrepairable valves shall be included in the calculation of 

percent leaking valves the first time the valve is identified as leaking and 

nonrepairable and as required to comply with paragraph (e)(3)(ii) of this 

23 

liMiHiiUiiuU Sriaam 
P.4 

Draft 11/23/90 

(iii) If the owner or operator of a process unit in a biennial leak 

detection and repair program calculates less than 0.5 percent leaking 

connectors from the 2-year monitoring period, the owner or operator may 

monitor the connectors 1 time every 4 years. An owner or operator may comply 

with the requirements of this paragraph by monitoring at least 20 percent of 

the connectors each year until all connectors have been monitored within 4 

years. 

(iv) If a process unit complying with the requirements of paragraph (b) 

using a 4 year monitoring interval program has greater than or equal to 0.5 

percent but less than 1 percent leaking connectors, the owner or operator 

shall increase the monitoring frequency to 1 time every 2 years. An owner or 

operator may comply with the requirements of this paragraph by monitoring at 

least 40 percent of the connectors in the first year and the remainder of the 

connectors in the second year. The owner or operator may again elect to use 

the provisions of paragraph (b)(3)(iii) when the percent leaking connectors 

decreases to less than 0.5 percent. 

(v) If a process unit complying with requirements of paragraph (b) using 

a 4 year monitoring interval program has 1 percent or greater leaking 

connectors, the owner or operator shall increase the monitoring frequency to 1 

time per year. The owner or operator may again elect to use the provisions of 

paragraph (b)((3)(iii)) when the percent leaking connectors decreases to less 

than 0.5 percent. 

(4) Each connector welded on or aftor (dato of proposal) , shall bo 

monitored according to tho procedures in pX,X5(b) os* X payed within tho first 

3 months after being woldod, or the first 3 months aftor Tdato of 

promulgation! , whichever is'later, to dotoct for leaks-;—If a leak is 

32 

nzan 
P.5 

Draft 11/23/90 

f-ewe"After Mat e of proposali... if an owner or operator eliminates a 

connector subject to monitoring under paragraph (b) of this section either by 

welding It completely around the circumference of the interface or by 

physically removing the connector and welding the pipe together, the owner or 

operator shall check the integrity of the weld by monitoring it according to 

the procedures in §XX»X5(b) or by testing using X.-r&y> acoustic monitoring, 

hydrotesting, or other applicable method. Welds created after (date of 

PKfflWWi,,. tot before Mld^,^f,,,pirjffpl,q^iffln),,,, shall be monitored or tested by 

f^,,^^^lllaf^rmplrlplmulliq,at^)llll? welds created after Ji^,jLnwl<T^lW)rt... 

shall be monitored or tested within 3 months after being welded. If an 

inadequate weld is found or the connector is not welded completely around the 

circumference, the connector is not considered a welded connector as described 

in §XX.X1, and is therefore not exempt from the provisions of this subpart. 

Connectors welded on or after (date of proposal) can count as connectors 

removed from the process and be eligible for removed connector credits as 

described in paragraph (i) of this section. 

(5)' Anv connector woldod before fdato of proposal! mav bo sub.loct to 

inspection and monitoring if tho Administrator haa reason to believe that thd 

connector is not completely woldod around the circumference. 

(c)(l)(i) Except as provided in (c)(l)(ii) of this paragraph, each 

connector that has been opened or has otherwise had the seal broken shall be 

monitored for leaks within the first 3 months after being returned to VHAP 

service, including those determined to be nonrepairable prior to process unit 

shutdown. If the followup monitoring detects a leak, it shall be repaired 

according to the provisions of paragraph (d) of this section, unless it is 

33 
P.6 

Draft 11/23/90 

determined to be nonrepairable, in which case it is counted as a nonrepairable 

for the purposes of paragraph (i)(2) of this section. 

(ii) As an alternative to the requirements in (c)(l)(i) of this 

paragraph, and owner or operator may choose to calculate percent leaking 

connectors for the monitoring periods described in paragraph (b) of this 

section, by setting the nonrepairable component, CN, in the equation in 

paragraph (i)(2) of this section to zero for all monitoring periods. 

(iii) An owner or operator may switch alternatives described in 

(c)(l)(i) and (ii) at the end of the current monitoring period he is in, 

33A 
P.7 

Draft 11/23/90 

(2) If any inaccessible, or glass or glass-lined connector is observed 

by visual, audible, olfactory, or other means to be leaking, the leak shall be 

repaired as soon as practicable, but no later than 15 calendar days after the 

leak is detected, except as provided in §XX.X2-10 and paragraph (g) of this 

section. 

(3) A first attempt at repair shall be made no later than 5 calendar 

days after the leak is detected. 

(i) For use in determining the monitoring frequency, as specified in 

paragraph (b) of this section, the percent leaking connectors shall be 

calculated as follows: 

(1) For the first monitoring period, use the following equation: 

% cL = cL/(ct + Cc) x 100 

Where 

% C. = percent leaking connectors 

C, = number of connectors measured at 500 ppm or greater, by 

the method specified in §XX.X5(b) 

Ct = total number of monitored connectors in the process unit 

CQ = Optional credit for removed connectors = 0.67 X net 

(i.e., total removed - total added) number of connectors 

in VHAP service removed from the process unit after the 

applicability date set forth in §XX.X0(b) for existing 

process units, and after the date of startup for newr 

modified, or roconstructod process units. If credits are 

not taken, then C Q * 0. 

(2) For subsequent monitoring periods, use the following equation: 

% CL *MCL ' ClN>/(Ct

 + V] x 10° 

36 
P.8 

Draft 11/23/90 

Where 

% C, = percent leaking connectors 

CL = number of connectors, including nonrepairables, 

measured at 500 ppm or greater, by the method 

specified in §XX.X5(b) 

C|j, = number of allowable nonrepairable connectors, as 

determined by monitoring required in paragraphs 

(b)(3) and (c) of this section, not to exceed 2 

percent of the total connector population, Ct 

Ct = total number of monitored connectors, including 

nonrepairables, in the process unit. 

Cr = lilllllllcredit for removed connectors = 0.67 X net 

^ .v.v.v.v.v.v.v.v.v.v.v.v 

number (i.e., total removed - total added) of 

connectors in VHAP service removed from the process 

unit after the applicability date set forth in 

§XX.X0(b) for existing process units, and after the 

date of startup for new, modified, or reconstructed 

process units. If credits are not taken, then C^ * 

II 

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

(a) In Phase III, to comply with the requirements in §XX.X2-7(d)(l)(ii), 

an owner or operator may elect to comply with one of the alternative quality 

improvement programs specified in paragraphs (d) and (e) of this section. The 

decision to use one of these alternative provisions to comply with the 

requirements of §XX.X2-7(d)(l)(ii) must be made during the first year of Phase 

III for existing process units and for new process units. 

37 
P.9 

Draft 11/23/90 

(12) Identification of screwed connectors subject to the requirements of 

§XX.X2-13(c)(2). Identification can be by area or grouping as long as the 

total number within each group or area is recorded. 

(13) Identification of weld|od connectors monitored or X rayod or tested 

as required in §XX.X2-13(b)(4), the date flfthe connector was welded, and. the 

date of monitoring or X ray inspection test|||. 

(c) When each Teak is detected as specified in §XX.X2-2, §XX.X2-3, 

§XX.X2-7, §XX.X2-8, §XX.X2-11, §XX.X2-12, and §XX.X2-13, the following 

requirements apply: 

(1) A weatherproof and readily visible identification, marked with the 

equipment identification number, shall be attached to the leaking equipment. 

(2) The identification on a valve or connector may be removed after it 

has been monitored as specified in §XX.X2-7(f)(3) §XX.X2-13(e), and §XX.X3-

l(e)(7)(i)(D), and no leak has been detected during the followup monitoring. 

(3) The identification on equipment, except on a valve or connector, may 

be removed after it has been repaired. 

(d) When each leak is detected as specified in §XX.X2-2, §XX.X2-3, 

§XX.X2-7, §XX.X2-8, §XX.X2-11, §XX.X2-12, and §XX.X2-13, the following 

information shall be recorded and kept for 2 years: 

(1) The instrument and operator identification numbers and the equipment 

identification number. 

(2) The date the leak was detected and the dates of each attempt to 

repair the leak. 

(3) Repair methods applied in each attempt to repair the leak. 

(4) Maximum instrument reading measured by the method specified in 

§XX.X5(b) after it is sucessfully repaired or determined to be nonrepairable. 

71 
P.10 

Draft 11/23/90 

(5) "Repair delayed" and the reason for the delay if a leak is not 

repaired within 15 calendar days after discovery of the leak. If delay of 

repair was cause by depletion of stocked parts, there must be documentation 

that the spare parts were sufficiently stocked before depletion and the reason 

for depletion. 

(6) The signature of the owner or operator (or designate) whose decision 

it was that repair could not be effected without a process unit shutdown. 

(7) The expected date of successful repair of the leak if a leak is not 

repaired within 15 calendar days. 

(8) Dates of process unit shutdowns that occur while the equipment is 

unrepaired. 

(9) The date of successful repair of the leak. 

(e) The following information shall be recorded for each process unit 

subject to the requirements of §XX.X2-2 to §XX.X2-13: 

(1) A schedule of monitoring for valves and for connectors. 

(2) The number of leaking pumps, the total number of pumps, and the 

percent leaking pumps during each monitoring period. 

(3) The number of leaking valves, the total number of valves, all net 

credits for removed valves (only if credits are taken), the number of 

nonrepairable valves, and the percent leaking valves during each monitoring 

period. 

(4) The number of leaking connectors, the total number of monitored 

connectors, all net credits for removed connectors (only if credits are 

ll|il|, the number of nonrepairable connectors, and the percent leaking 

connectors during each monitoring period. 

72 
P.11 

November 16, 1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EOUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

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

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

, a party to the negotiations, agrees that: 

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

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

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

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

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

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

the preamble to the Committee for its review and concurrence. 

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

pollutants for the chemical mdustry. 

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

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

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

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

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

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

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

to the Notice of Proposed Rulemaking and the Final Rule. 

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

a. a brief description of the Committee and its work 

b. the recommended proposed rule 

1 

mitmrnt 
P.12 

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

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

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

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

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

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

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

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

8. The final agreement will provide that -

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

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

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

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

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

Act Amendments of 1990. 

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

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

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

Notice of Proposed Rulemaking. 

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

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

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

subject of the final agreement. 

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

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

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

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

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

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

preamble as are necessary when issuing a final rule. 

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

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

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

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

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

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

preamble concurred in by the Committee. 

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

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

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

mtt.ij.diii 
P.13 

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

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

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

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

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

Organization 

Date 

As anended 11/23/90 

Organization 

Date 
P.14 

Draft 11/23/90 

(3) At process units with less than 1 percent leaking valves, the owner 

or operator may elect to monitor each valve once every 2 quarters. 

(4) At process units with less than 0.5 percent leaking valves, the 

owner or operator may elect to monitor each valve once every 4 quarters. 

(e)(1) Percent leaking valves at a process unit shall be determined by 

the following equation: 

%VL = (VL/(VT + Vc.)) X 100 

where 

%Vi = percent leaking valves 

V, = number of valves found leaking excluding nonrepairables as 

provided in paragraph (e)(3)(i) of this section 

Vj = Total valves monitored 

Vo = Optional credit for removed valves = 0.67 X net number (i.e., 

total removed - total added) of valves in VHAP service removed 

from process unit after the applicability date set forth in 

§XX.X0(b) for existing process units, and after the date of 

startup for new, modified, or roconstructod process units. If 

credits are not taken, then Vc » 0, 

(2) For use in determining monitoring frequency, as specified in 

paragraph (d) of this section, the percent leaking valves shall be calculated 

as a rolling average of 2 consecutive monitoring periods for monthly, 

quarterly, or semiannual monitoring programs; and as an average of any 3 out 

of 4 consecutive monitoring periods for annual monitoring programs. 

(3)(i) Nonrepairable valves shall be included in the calculation of 

percent leaking valves the first time the valve is identified as leaking and 

nonrepairable and as required to comply with paragraph (e)(3)(ii) of this 

23 
P.15 

Draft 11/23/90 

(iii) If the owner or operator of a process unit in a biennial leak 

detection and repair program calculates less than 0.5 percent leaking 

connectors from the 2-year monitoring period, the owner or operator may 

monitor the connectors 1 time every 4 years. An owner or operator may comply 

with the requirements of this paragraph by monitoring at least 20 percent of 

the connectors each year until all connectors have been monitored within 4 

years. 

(iv) If a process unit complying with the requirements of paragraph (b) 

using a-4 year monitoring interval program has greater than or equal to 0.5 

percent but less than 1 percent leaking connectors, the owner or operator 

shall increase the monitoring frequency to 1 time every 2 years. An owner or 

operator may comply with the requirements of this paragraph by monitoring at 

least 40 percent of the connectors in the first year and the remainder of the 

connectors in the second year. The owner or operator may again elect to use 

the provisions of paragraph (b)(3)(iii) when the percent leaking connectors 

decreases to less than 0.5 percent. 

(v) If a process unit complying with requirements of paragraph (b) using 

a 4 year monitoring interval program has 1 percent or greater leaking 

connectors, the owner or operator shall increase the monitoring frequency to 1 

time per year. The owner or operator may again elect to use the provisions of 

paragraph (b)((3)(iii)) when the percent leaking connectors decreases to less 

than 0.5 percent. 

(4) Each connector woldod on or aftor (dato of proposal) , shall—be 

monitored according to tho procedures in §XX.X5(b) or X rayod within the first 

3 months after being welded, or the first 3 months after fdate-ef 

promulgation! , whichever is later, to detect for leaks-;—If a leak is 

32 

i Mill ||<MBBg «=— Mm^zm^^M^^—mmm—mmmm^^^m—mmmm^^^^mmmmmamaKsmaamaaBrrTTcm M 
P.16 

Draft 11/23/90 

fewdAfter fdate of proposal) * if an owner or operator eliminates a 

connector subject to monitoring under paragraph (b) of this section either by 

welding it completely around the circumference of the interface or by 

physically removing the connector and welding the pipe together, the owner or 

operator shall check the integrity of the weld by monitoring it according to 

the procedures in §XX.X5(b} or by testing using X-ray> acoustic monitoring* 

hydrotesting, or other applicable method, Welds created after fdate of 

proposal) but before „(,date of promulgation), shall be monitored or tested by] 

(l^,lpft^lllaf,i;.5,T:,,pro^lPtlion), „; welds created after Ji^M,,WOm}l^iP^l, , 

shall be monitored or tested within 3 months after being welded. If an 

inadequate weld is found or the connector is not welded completely around the 

circumference, the connector is not considered a welded connector as described 

in §XX.X1, and is therefore not exempt from the provisions of this subpart. 

Connectors welded on or after (date of proposal) can count as connectors 

removed from the process and be eligible for removed connector credits as 

described in paragraph (i) of this section. 

(51 Anv'connector welded before fdato of'proposal! mav be subject to 

inspection and monitoring if tho Administrator'haa reason1 to beliovo that tho 

connector is not completely woldod around the circumference. 

(c)(l)(i) Except as provided in (c)(l)(ii) of this paragraph, each 

connector that has been opened or has otherwise had the seal broken shall be 

monitored for leaks within the first 3 months after being returned to VHAP 

service, including those determined to be nonrepairable prior to process unit 

shutdown. If the followup monitoring detects a leak, it shall be repaired 

according to the provisions of paragraph (d) of this section, unless it is 

33 
P.17 

Draft 11/23/90 

determined to be nonrepairable, in which case it is counted as a nonrepairable 

for the purposes of paragraph (i)(2) of this section. 

(ii) As an alternative to the requirements in (c)(l)(i) of this 

paragraph, and owner or operator may choose to calculate percent leaking 

connectors for the monitoring periods described in paragraph (b) of this 

section, by setting the nonrepairable component, C.., in the equation in 

paragraph (i)(2) of this section to zero for all monitoring periods. 

(iii) An owner or operator may switch alternatives described in 

(c)(l)(i) and (ii) at the end of the current monitoring period he is in, 

33A 
P.18 

Draft 11/23/90 

(2) If any inaccessible, or glass or glass-lined connector is observed 

by visual, audible, olfactory, or other means to be leaking, the leak shall be 

repaired as soon as practicable, but no later than 15 calendar days after the 

leak is detected, except as provided in §XX.X2-10 and paragraph (g) of this 

section. 

(3) A first attempt at repair shall be made no later than 5 calendar 

days after the leak is detected. 

(i) For use in determining the monitoring frequency, as specified in 

paragraph (b) of this section, the percent leaking connectors shall be 

calculated as follows: 

(1) For the first monitoring period, use the following equation: 

% cL = CL/(Ct + Cc) x 100 

Where 

% C. = percent leaking connectors 

C|_ = number of connectors measured at 500 ppm or greater, by 

the method specified in §XX.X5(b) 

Ct = total number of monitored connectors in the process unit 

CQ = Optional credit for removed connectors = 0.67 X net 

(i.e., total removed - total added) number of connectors 

in VHAP service removed from the process unit after the 

applicability date set forth in §XX.X0(b) for existing 

process units, and after the date of startup for new-?-

modifiod, or reconstructed process units. If credits <.T6 

not taken, then CQ * 0. 

(2) For subsequent monitoring periods, use the following equation: 

% cL = [(CL - C|N)/(Ct + Cc)] x 100 

36 

nam^ma 
P.19 

Draft 11/23/90 

Where 

% Ci = percent leaking connectors 

C^ = number of connectors, including nonrepairables, 

measured at 500 ppm or greater, by the method 

specified in §XX.X5(b) 

C|jj = number of allowable nonrepairable connectors, as 

determined by monitoring required in paragraphs 

(b)(3) and (c) of this section, not to exceed 2 

percent of the total connector population, C. 

CJ. = total number of monitored connectors, including 

nonrepairables, in the process unit. 

CQ = Optional credit for removed connectors = 0.67 X net 

number (i.e., total removed - total added) of 

connectors in VHAP service removed from the process 

unit after the applicability date set forth in 

§XX.X0(b) for existing process units, and after the 

date of startup for new, modified, or reconstructed 

process units. If credits are not taken, then Cc * 

II ' 

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

(a) In Phase III, to comply with the requirements in §XX.X2-7(d)(l)(ii), 

an owner or operator may elect to comply with one of the alternative quality 

improvement programs specified in paragraphs (d) and (e) of this section. The 

decision to use one of these alternative provisions to comply with the 

requirements of §XX.X2-7(d)(1)(ii) must be made during the first year of Phase 

III for existing process units and for new process units. 

37 
Draft 11/23/90 

(12) Identification of screwed connectors subject to the requirements of 

§XX.X2-13(c)(2). Identification can be by area or grouping as long as the 

total number within each group or area is recorded. 

(13) Identification of we!died connectors monitored or X rayed or tested 

as required in §XX.X2-13(b)(4), the date of the connector was welded, l|§f|the 

date of monitoring or X ray inspection testing. 

(c) When each leak is detected as specified in §XX.X2-2, §XX.X2-3, 

§XX.X2-7, §XX.X2-8, §XX.X2-11, §XX.X2-12, and §XX.X2-13, the following 

requirements apply: 

(1) A weatherproof and readily visible identification, marked with the 

equipment identification number, shall be attached to the leaking equipment. 

(2) The identification on a valve or connector may be removed after it 

has been monitored as specified in §XX.X2-7(f)(3) §XX.X2-13(e), and §XX.X3-

1(e)(7)(i)(D), and no leak has been detected during the followup monitoring. 

(3) The identification on equipment, except on a valve or connector, may 

be removed after it has been repaired. 

(d) When each leak is detected as specified in §XX.X2-2, §XX.X2-3, 

§XX.X2-7, §XX.X2-8, §XX.X2-11, §XX.X2-12, and §XX.X2-13, the following 

information shall be recorded and kept for 2 years: 

(1) The instrument and operator identification numbers and the equipment 

identification number. 

(2) The date the leak was detected and the dates of each attempt to 

repair the leak. 

(3) Repair methods applied in each attempt to repair the leak. 

(4) Maximum instrument reading measured by the method specified in 

§XX.X5(b) after it is sucessfully repaired or determined to be nonrepairable. 

71 
P.21 

Draft 11/23/90 

(5) "Repair delayed" and the reason for the delay if a leak is not 

repaired within 15 calendar days after discovery of the leak. If delay of 

repair was cause by depletion of stocked parts, there must be documentation 

that the spare parts were sufficiently stocked before depletion and the reason 

for depletion. 

(6) The signature of the owner or operator (or designate) whose decision 

it was that repair could not be effected without a process unit shutdown. 

(7) The expected date of successful repair of the leak if a leak is not 

repaired within 15 calendar days. 

(8) Dates of process unit shutdowns that occur while the equipment is 

unrepaired. 

(9) The date of successful repair of the leak. 

(e) The following information shall be recorded for each process unit 

subject to the requirements of §XX.X2-2 to §XX.X2-13: 

(1) A schedule of monitoring for valves and for connectors. 

(2) The number of leaking pumps, the total number of pumps, and the 

percent leaking pumps during each monitoring period. 

(3) The number of leaking valves, the total number of valves, all net 

credits for removed valves (only if credits are taken), the number of 

nonrepairable valves, and the percent leaking valves during each monitoring 

period. 

(4) The number of leaking connectors, the total number of monitored 

connectors, all ||||credits for removed connectors (only if credits are 

IIH!!, the number of nonrepairable connectors, and the percent leaking 

connectors during each monitoring period. 

72 
November 16,1990 

ENVIRONMENTAL PROTECTION AGENCY 

NEGOTIATED RULEMAKING 

CONCERNING 

CONTROL OF FUGITIVE EMISSIONS FROM EQUIPMENT LEAKS 

AGREEMEN T IN PRINCIPL E 

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

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

, a party to the negotiations, agrees that: 

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

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

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

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

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

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

the preamble to the Committee for its review and concurrence. 

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

pollutants for the chemical industry. 

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

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

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

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

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

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

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

to the Notice of Proposed Rulemaking and the Final Rule. 

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

a. a brief description of the Committee and its work 

b. the recommended proposed rule 

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

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

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

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

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

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

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

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

8. The final agreement will provide that -

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

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

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

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

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

Act Amendments of 1990. 

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

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

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

Notice of Proposed Rulemaking. 

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

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

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

subject of the final agreement. 

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

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

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

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

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

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

preamble as are necessary when issuing a final rule. 

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

signature by the Administrator. 

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

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

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

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

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

preamble concurred in by the Committee. 

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

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

not having the same substance and effect as the proposed rule. 
j . Each party other than EPA agrees to provide a memorandum that it participated in the negotiations 

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

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

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

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

Organization 

Date 

As aoended 11/23/90 

Organization 

Date