P.1 

OAR Box 1338 

Prepped by Ollie Stewart 

Document Number: 

31) F. R. March 6, 1991 

Docket Number: 

A-89-10 

Printed 6/17/2008 1:48:06 PM Sheet 31 of 105 
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Federal Register / Vol. 56, No. 44 / Wednesday s , March 6, 1 1991 / Proposed Rules 9315 

Authority: 5 U.S.C. 552a, the Privacy Act of 

1974; 5 U.S.C. 552, the Freedom of Information 

Act as amended by Public Law 93-502; Public 

Law 86-36, Public Law 88-290 and 18 U.S.C. 

798. 

2. Section 299a.l0 is proposed to be 

amended by adding a new paragraph 

(b](18) as follows: 

§ 299a.10 Specific exemptions. 

**** * 

(b) Systems of records subject to 

specific exemptions: * * * 

(18) System Identification and Name— 

GNSA18, NSA/CSS Operations Files. 

Exemption—Portions of this record system 

may be exempted from subsections of 5 

U.S.C. 552a (c)(3), (d)(l)-(5), (e)(4)(G)-(I), and 

(f)(lH5). 

Authority—5 U.S.C. 552a(k) (1), (2) and (5)." 

Reasons—Subsection (c)(3) because there 

may be occasions when making an 

accounting available to the individual named 

in the record at his or her request, would 

reveal classified information. The release of 

accounting of disclosure would inform a 

subject that he or she is under investigation. 

This information would provide considerable 

advantage to the subject in providing him or 

her with knowledge concerning the nature of 

the investigation and the coordinated 

investigative efforts and techniques 

employed by the cooperating agencies. 

Subsection (d) because granting 

access and/or subsequent amendment 

to the record would reveal classified 

information. It may also alert a subject 

to the fact that ah investigation of that 

individual is taking place, and might 

weaken the on-going investigation, 

reveal investigatory techniques, and 

place confidential informants in 

jeopardy. The NSA/CSS may refuse to 

confirm or deny the existence of a 

particular record because to do so 

would reveal classified information. 

Subsection (e)(4)(G), (e)(4)(H), and 

(e)(4)(I). Although the NSA/CSS has 

published procedures whereby an 

individual can be notified if a particular 

record system contains information 

about themselves; how to gain access to 

that information; and the source of the 

informatioh, there maybe occasions 

when confirming that a record exists, 

granting access, or giving out the source 

of the information would reveal 

classified information. 

Subsection (f) because the agency's 

rules are inapplicable to those portions ' 

of the system that are exempt and 

would place the burden on the agency of 

either confirming or denying the 

existence of a record pertaining to a 

requesting individual might in itself 

provide an answer to that individual 

relating to an on-going criminal 

investigation. The conduct of a 

successful investigation leading to the 

indictment of a criminal offender 

precludes the applicability of 

established agency rules relating to 

verification of record, disclosure of the 

record to that individual, and record 

amendment procedures for this record 

system. Also, because this record 

system is exempt from the individual 

access provisions of subsection (d). 

Dated: March 1,1991. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 91-5268 Filed 3-5-91; 8:45 am] 

BILLING CODE 3810-01 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I */ 

[FRL-3910-3] 

National Emission Standards for 

Hazardous Air Pollutants; 

Announcement of Negotiated 

Regulation for Equipment Leaks 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of agreement on 

negotiated regulation. 

SUMMARY: This announcement 

summarizes the major provisions and 

concepts of the negotiated rule for 

volatile hazardous air pollutants from 

equipment leaks at organic chemical 

manufacturing facilities, and publishes 

verbatim the regulatory language agreed 

to by the negotiating committee. The 

purpose of this notice is to inform 

interested parties and potentially 

regulated facilities of the regulatory 

agreement to which the committee has 

concurred in principle. 

On April 25, 1989 (54 FR 17944), EPA 

announced its intent to form an advisory 

committee to negotiate issues leading to 

a new approach for regulation of fugitive 

emissions of volatile organics from 

equipment leaks (pumps, valves, etc.) 

associated with chemical production 

process units. A meeting with interested 

parties was held in Washington, DC on 

May 15,1989 to discuss the 

establishment of such a committee. On 

September 12,1989, EPA announced the 

formation of the committee under the 

Federal Advisory Committee Act (54 FR 

37725). The EPA formed a committee 

including representatives of various 

affected industry and trade groups, State 

and local air pollution agencies, and an 

environmental group. 

The Committee met periodically over 

a one-year period and has successfully 

agreed in principle to the provisions and 

language of an equipment leak 

regulation. The Committee will continue 

to work on a preamble for the future 

proposal of the rule and will enter into a 

final agreement after the preamble is 

completed. The EPA plans to propose 

this rule in late 1991 as part of 

hazardous organic national emission 

standards for hazardous air pollutants 

(NESHAP), or NON, that will cover 

other emission points as well as 

equipment leaks at organic chemical 

plants. 

ADDRESSES: Docket. A docket, number 

A-89-10, containing information relating 

to the negotiations is available for 

public inspection between 8:30 am. and 

3:30 p.m., Monday through Friday, at Air 

Docket Section (LE-131), Waterside Mall, 

room M1500, U. S. EPA, 401 M Street, 

SW. Washington, DC 20460. A 

reasonable fee may be charged for 

copying. Today's notice is not a 

rulemaking action and the Agency is not 

soliciting comments. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Janet Meyer or Mr. Rick Colyer, 

telephone (919) 541-5254 or 5262, 

respectively. The address for both is 

Standards Development Branch (MD13), Emission Standards Division, U.S. 

EPA, Research Triangle Park, North 

Carolina 27711. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the early 1980's, EPA determined 

that fugitive emissions of volatile 

organic compounds (VOC) and 

hazardous organic compounds from 

equipment leaks (pumps, valves, etc.) 

contribute significantly to air quality 

problems. The EPA estimates that 

equipment leak emissions account for 

roughly one-third of total organic 

emissions from chemical plants. 

Moreover, because they are released 

near the ground, the impact from fugitive 

emissions is 10 to 40 times greater than 

equal releases from stacks. Recent 

reports completed under Section 313 of 

the Superfund Amendments and 

Reauthorization Act (SARA) included 

over 385,000 tons per year from fugitive 

sources. 

Existing regulations adopted under 

sections 111 and 112 of e Clean Air Act 

and in State Implementation Plans 

(SIP's) have been effective in 

heightening awareness of the 

significance of equipment leaks and in 

stimulating control efforts. The rules 

basically require that equipment in 

place be inspected periodically for leaks 

with a portable hydrocarbon detector. If 

concentrations in excess of 10,000 parts 

per million (ppm) are found, the 

component is identified as a "leaker" 

and maintenance is required. This 
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9316 Federal Register / Vol. 56;, Noi. 44 /' Wednesday; March) 6, 1991 / Proposed Rules 

approach is known as "leak detection 

and repair" (LDAR). When these rules 

were established, EPA estimated that 

emissions would be reduced by about 60 

to 70 percent and that after control, leak 

frequencies would be approximately 5 

percent. 

Data gathered over the past couple of 

years on equipment leaks at some 

chemical plants indicate that lower leak 

frequencies can be achieved. These 

data, however, did not indicate how low 

leak frequencies could be obtained at all 

chemical plants. Consequently, EPA saw 

a need for a new approach that would 

establish an effective regulation that 

would achieve low leak frequencies at 

all chemical plants. It was recognized 

that establishing such a regulation for as 

broad and varied a source category as 

chemical production units would be 

difficult. The challenges included 

determining for all plants how to 

achieve low leak frequency with a 

simple set of rules, how to provide more 

flexibility in achieving low leak rates 

than that provided by LDAR alone, how 

to apply standards across the industry 

using data from only a part of the 

industry, and EPA's need to establish 

standards consistent with the maximum 

achievable control technology (MACT) 

requirements of the Clean Air Act 

Amendments of 1990 (CAAA). 

Accordingly, on April 25,1989, EPA 

announced its intention to establish a 

committee to negotiate: a new approach 

for control of volatile organic chemical 

equipment leaks (54 FR 17944], and 

conducted an initial informational 

meeting on May 15,1989 to determine 

among potentially interested parties 

whether negotiation would be a 

desirable approach. The participants at 

the initial meeting responded favorably 

to the concept of negotiation, and on 

September 12,1989, EPA established a 

negotiating committee (54 FR 37725}> The 

Committee met over a period of one 

year, holding nine 2-day meetings and 

one 1-day meeting to resolve the various 

issues related to developing, a MACT 

standard for equipment leaks. The 

Committee members are listed in 

Appendix A.. 

The Committee considered the many 

factors and uncertainties associated 

with regulating equipment leaks at a 

wide variety of chemical plants and 

developed an acceptably balanced 

approach,, weighing the need to be 

flexible,, the technical uncertainties; the 

requirement for MACT standards, and 

the data limitations. At the final 

negotiating session, the. Committee 

members conceptually resolved all1 

outstanding, major issues, and decided to 

reach final; agreement through a 2-step 

process. The Committee members would 

first agree to the regulatory language to 

be proposed. This "agreement in 

principle" has been reached by all 

Committee members and the negotiated 

regulatory language is contained in 

Appendix B. The Committee expects to; 

sign a final agreement: after a draft 

preamble to the regulation describing in 

detail the scope, application, effect, and 

rationale has been concurred on by the 

Committee. The final agreement will 

represent the consensus of the 

Committee on a regulation and preamble 

to be proposed by the Agency, and all 

Committee mmembers will agree to 

support the regulation as long as EPA 

proposes and promulgates the regulation 

and its preamble substantively 

unchanged from those' that are the 

subject of the final agreement. 

The consensus agreement reached by 

the Committee, as spelled out in the 

attached regulatory language, also 

serves to notify nine chemical 

companies of voluntary action they 

previously committed to taking. These 

companies were identified prior to these 

negotiations by EPA in its Air Toxics 

Exposure and Risk Information System, 

(ATERIS) database as. having some: 

plants with relatively high health risk. 

After several meetings between 

representatives of these companies and 

EPA, the companies agreed to begin a 

voluntary LDAR program and timely 

implementation of the consensus 

agreement as soon as the regulatory -

requirements were available. 

II. Summary of Negotiated Standards 

The following is a general summary of 

the requirements and concepts of the 

negotiated regulation. It is not a detailed 

description of the provisions, nor does it 

contain, the rationale: or basis, developed 

by the Committee for the various 

provisions; The reader is referred to the 

actual negotiated regulatory language 

(Appendix B), for detail of specific 

provisions. 

The purpose of this announcement is 

to make interested parties, and owners 

or operators potentially subject. to> these. 

standards aware of the forthcoming 

regulatory requirements so that they will 

be; better prepared when the rule is: 

actually issued. The covered: chemicals 

and processes are listed respectively in 

§§ XX.X8-1 and XX.X8-2 of the, 

negotiated rule (Appendix B). A detailed 

preamble describing the. rationale and 

basis for the regulatory requirements for 

equipment leaks will accompany the 

proposal of the rule, to be contained, 

within a broader HON,, covering not 

only equipment leaks,, but also: storage; 

transfer, process vents, and wastewater 

emissions at chemical plants.. The HON: 

is scheduled for proposal in Fall 1991, 

with promulgation scheduled for Fall 

1992. The Agency is not now soliciting, 

comments on the attached regulatory 

language. Interested persons will have 

an opportunity to comment when the 

broader regulation is proposed'. 

Applicability. The standards would 

apply to equipment in volatile 

hazardous air pollutant (VHAP) service 

300 or more hours per year associated 

with any of the. 453 processes listed in. 

the negotiated regulation that make or 

use as a reactant one of the organic 

VHAPs listed in § XX.X8-1 of the 

regulation. They would also apply to 

equipment handling specific chemicals 

for a limited number of non-SOCMI 

processes listed in the negotiated rule. 

Petroleum, refinery' processes will' not be 

covered by the attached negotiated 

regulation; a separate'rulemaking will 

be conducted'for those processes.. 

The equipment affected are valves, 

pumps,, connectors, compressors, 

pressure relief devices, open-ended 

lines, sampling connection systems, 

instrumentation systems, agitators, 

product accumulator vessels, and 

closed-vent systems and control 

devices*. "In VHAP service" means the 

equipment contains or contacts a fluid 

that is 5 percent or greater VHAFs.. 

The standards would also split the 

covered processes into. 5 distinct groups; 

to which the. regulation would apply 

over time. The rule would apply to the 

first group 6 months: after promulgation. 

Thereafter, the rule would become 

applicable to another group every 3 

months until all the' processes, were 

covered. 

Pumps and Valves. The: regulation is. 

structured similarly for pumps andt 

valves; Standards for both'would be 

implemented in three phases and both 

standards) have associated quality 

improvement programs (QD?' s). The first 

and second phases: for both types of 

equipment, consist of an LDAR. program;, 

with lower leak, definitions in the second! 

phase. The LDAR: program involves: a 

periodic: check for organic vapor' leaks, 

with a portable instrument; if leaks are 

found, they must be repaired within a 

certain period of time. In the third phase; 

the periodic: monitoring, (a work practice 

standard) would be coupled with a base 

performance level (i.e., allowable 

percent leaking, components)1. 

As part of the base program, pumps 

would require monthly monitoring using' 

an instrument and weekly visual, 

inspection!. Valves would initially 

require quarterly monitoring, but the 

length of time between monitoring could 

be increased if the percent leaking 

valves demonstrate, incrementally better 
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Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9317 

performance, as specified in the rule, 

over the base performance level. 

Special provisions apply to pumps in 

food/medical service, pumps in 

polymerizing monomer service, 

"leakless" pumps, and unsafe- and 

difficult-to-monitor valves. Owners or 

operators can take partial credit in the 

calculation of percent leaking valves for 

valves permanently removed from the 

process units. Plants with less than 250 

valves in VHAP service are subject only 

to LDAR and not the base performance 

level. A limited number of 

"nonrepairable" valves, i. e., those that 

cannot be repaired without a process 

unit shutdown, may be excluded in the 

calculation of percent leaking valves. 

If the base performance levels for a 

type of equipment are not achieved, 

based on a rolling average of monitoring 

results, owners or operators must, in the 

case of pumps, enter into a QIP, and in 

the case of valves, either enter into a 

QIP or implement monthly LDAR. The 

QIP is a concept that enables plants 

exceeding the base performance levels 

to eventually achieve the desired levels 

without incurring penalty or being in a 

noncompliance status. As long as the 

requirements of the QIP are met, the 

plant is in compliance. The basic QIP 

consists of information gathering, 

determining superior performing 

technologies, and replacing poorer 

performers with the superior 

technologies until the base performance 

levels are achieved. 

Connectors. The rule also provides for 

performance standards for connectors in 

terms of percent leaking connectors in 

each process unit. The negotiated 

standard for connectors is not phased 

in, i. e., the performance level applies as 

soon as the rule is effective'for the 

process unit. Consistent achievement of 

the base performance level would result 

in monitoring being required less 

frequently. Failure to achieve the base 

performance level would cause the plant 

to remain in an annual monitoring cycle. 

Special provisions would apply to 

existing screwed connectors that are 2 

inches or less and to connectors that are 

inaccessible or unsafe to monitor or 

repair. A limited allowance for 

"nonrepairable" connectors would be 

allowed if disturbed connectors are 

monitored within 3 months. Credits for 

connectors removed from the process 

unit would be allowed in the calculation 

of percent leaking connectors (or 

performance level). 

Other equipment. Standards for 

compressors, open-ended lines, pressure 

relief devices, sampling connection 

systems, and closed vent systems and 

control devices remain essentially 

unchanged from existing regulations 

(see 40 CFR part 6l, Subpart V). 

Agitators must meet LDu\R 

requirements, but have no base 

performance levels. Pumps, valves, 

connectors, and agitators in heavy liquid 

service; instrumentation systems; and 

pressure relief devices in liquid service 

are subject to instrument monitoring 

only if evidence of a potential leak is 

found through sight, sound, or smell. 

Instrumentation systems consist of 

smaller pipes and tubing that carry 

samples of process fluids to be analyzed 

to determine process operating 

conditions. 

Delay of repair. Under certain 

conditions delay of repair beyond the 

required 15 days may be acceptable. 

Examples of these situations include 

where (1) a piece of equipment cannot 

be repaired without a process unit 

shutdown, (2) equipment is taken out of 

VHAP service, (3) emissions from repair 

will exceed emissions from delay of 

repair until the next shutdown, (4) 

pumps with single mechanical seals are 

replaced with dual mechanical seals, 

and (5) valve assembly supplies have 

been depleted from stocks. 

Alternative standards. Generally, an 

alternative means of emission limitation 

may be used if an owner on operator can 

demonstrate emission reductions equal 

to or better than that required by the 

standards. Specific alternative 

standards have been written for batch 

processes and enclosed buildings. Batch 

processes can choose either to meet 

similar standards to those for 

continuous processes, with monitoring 

frequency prorated to time in use, or to 

periodically pressure test the entire 

system. Enclosed buildings may forego 

monitoring if the building is kept under a 

negative pressure and all emissions are 

routed through a closed vent system to 

an approved control device. 

Test methods and Procedures. The . 

standards would retain the use of 

Method 21 to detect leaks. Method 21 

requires a portable organic vapor 

analyzer to monitor for leaks from 

equipment in use. A "leak" is a 

concentration specified in the regulation 

for the type of equipment being 

monitored and is based on the 

instrument response to methane (the 

calibration gas) in air. The observed 

screening value may require adjustment 

for response factor relative to methane if 

the weighted response factor of the 

stream exceeds a specified multiplier. 

Method 18 is to be used to determine 

organic content of a process stream. 

Test procedures using either a gas liquid 

testing or a for pressure the batch 

system are specified to detect for leaks. 

Recordkeeping. The standards would 

require a readily accessible 

recordkeeping system. Records required 

include identification of equipment that 

would be covered by the standards, 

identification of equipment that is found 

to be leaking during a monitoring period 

and when it is repaired, testing 

associated with batch processes, design 

specifications of closed vent systems 

and control devices, test results from 

performance tests or testing process 

streams for organic content, and 

information required by equipment in 

QIP. Other recordkeeping requirements 

also apply, and the reader is referred to 

that section of the negotiated rule for 

more detail (see Appendix B). 

Reporting. Owners and operators 

would be required to submit an initial 

report that describes the source and a 

summary of the equipment subject to 

these standards. Every six months, a 

report must be submitted that 

summarizes the results of monitoring 

and performance tests conducted during 

that period, changes to the process unit, 

changes in monitoring frequency or 

monitoring alternatives, and/or 

initiation of a QIP. Reports can be 

submitted on electronic media where 

acceptable to both the Administrator 

and the owner or operator. 

Dated: February 25,1991. 

William G. Rosenberg, 

Assistant Administrator for Air and 

Radiation. 

Appendix A—List of Negotiators 

Negotiator/Affiliation 

Robert L. Ajax, EPA. 

Alfred Bickum, International Institute for 

Synthetic Rubber Producers. 

Bruce Bowers, Standard Chlorine. 

Linda Curran, Amoco Oil. 

David Doniger/Allen Hershkowitz, Natural 

Resources Defense Council. 

David Dunn, Sterling Chemicals, Inc. 

Larry Goodheart/Ellen Siegler, American 

Petroleum Institute. 

Jack Kace, Pharmaceutical Manufacturers 

Association. 

Thomas Kittleman, Chemical Manufacturers 

Association. 

Robert Majewski, Northeast States for 

Coordinated Air Use Management. 

Les Montgomery, Texas Air Control Board. 

Harvel Rogers, Jefferson County (Kentucky) 

Air Pollution Control District. 

Gustave Von Bodungen, Louisiana 

Department of Environmental Quality. 

Facilitator 

Philip J. Harter, Esq., Consultant to EPA. 

Observer 

Nicolas Garcia, Office of Management and 

Budget. 
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9318 Federal Register / Vol. 56,. No; 44 /' Wednesday, March 6, 1991 / Proposed Rules 

Appendix B—National Emission 

Standard: For Equipment Leaks 

(Fugitive Emission Sources): 

Section XX.XO Applicability and 

Designation of Sources 

(a) The provisions of this subpart 

apply to pumps, compressors, agitators, 

pressure relief devices, sampling 

connection systems,, open-ended valve3. 

or lines, valves, connectors, product 

accumulator vessels, instrumentation • 

systems, and control devices or systems, 

required by this subpart that are 

intended to operate in volatile 

hazardous air pollutant (VHAP) service 

300 hours or more during the calendar 

year within a process unit listed in 

(1) Paragraph (bp of this section that 

uses as a reactant or makes as an 

intermediate or final product any of the 

chemicals listed in §XX.X8-1, or 

(2) Paragraph (c) of this section. 

(b) (I) The provisions of this subpart 

are applicable to the following process 

units as listed in §, XXJC8-2 on and after 

the designated dates: 

(i) Group II (.MI year after 

promulgation) 

(ii) Group II: (% year after 

promulgation) 

(iii) Group III: (1 year after 

promulgation) 

(iv) Group IV: (lVii years after 

promulgation) 

(v) Group V: (lVfe years after 

promulgation) 

(2) The owner or operator of an 

affected process unit in a later group 

may elect to apply the applicability date 

of an earlier group. 

(3) Any process unit listed in 

§ XX.X8-2 that does not use as a 

reactant or make as an intermediate or 

final product any of the chemicals listed 

in § XX.X8-1 is exempt from the 

provisions in § XX.Xa-1 through 

§ XX.X2-13. The owner or operator shall 

maintain records as required in § XX.X8 

(k). 

(c) The provisions of this subpart 

apply (6 months after publication of the 

final rule in the Federal Register to the 

the following process units,, and 

designated VHAPs only, as defined in 

§ XX.Xl: 

(1) Styrene-butadiene ruhber 

production (butadiene, styrene); 

(j2) Polybutadiene production 

(butadiene). 

(3) Chlorine production (carbon 

tetrachloride). 

(4) Pesticide production (carbon 

tetrachloride, methylene chloride, 

ethylene dichloride). 

(5) Chlorinated hydrocarbon use 

(carbon tetrachloride, methylene 

chloride, tetrachloroethyl'ene, 

chloroform, and ethylene dichloride). 

(6) Pharmaceutical production, (carbon 

tetrachloride, methylene chloride). 

(7) Miscellaneous butadiene use 

(butadiene). 

(d) While the provisions: of this 

subpart are effective, equipment to 

which this subpart applies that are also 

subject to the provisions of 

(1) 40 CFR part 60, will be required to 

comply only with the. provisions, of thi3; 

subpart, except for each pump and 

compressor equipped with: a dual 

mechanical seat system that is in VOC 

service, or 

(2) 40 CFR part 61, will be required to 

comply only with the provisions of this 

subpart 

(e) The provisions of this subpart do 

not apply to any pefroleum process unit 

regardless: of whether the unit supplies 

feedstocks, that include chemicals listed! 

in fXXJfa-l1, to chemical, processes that 

are subject to the provisions of this: 

subpart. 

Section XX.X1 Definitions 

All terms used in this subpart shall! 

have' the meaning given* them in the. Act,, 

in subpart A of 40 CFR part 63, and in 

this section as follows: 

Batch Process: means a process: in' 

which the equipment is fed 

intermittently or discontinuously.. 

Processing then occurs in this equipment 

after which the equipment is generally 

emptied. Examples; of industries that use; 

batch processes include pharmaceutical! 

production and. pesticide production. 

Batch product-process equipment 

train means: tha collection of equipment 

(e.g., connectors, reactors,, valves;, 

pumps,, etc.) configured to produce a 

specific product or intermediate by a 

batch processChlorinated hydrocarbon use. means a. 

process that produces one or more of the 

following products, using' chloroform, 

carbon tetrachloride, ethylene 

dichloride, methylene chloride or 

tetrachlbroethylene: chlorinated 

paraffins, Hypalon®, QBPA/1.3--

diisocyanate, polycarbonate, pofysulfid'e' 

rubber, and symmetrical 

terrachloropyridiene: 

Chlorine production means a process 

that uses carbon tetrachloride-as a 

diluent for nitrogen trichloride or as a 

scrubbing liquid to recover chlorine from' 

the liquefaction- of tail gas. 

ClosedJoop system> means an 

enclosed system that returns' process 

fluid to' the process and is not vented1 to 

the atmosphere except through a closed*-

vent system. 

Closed-vent system means a system 

that is not open to atmosphere'and! that 

is composed of piping, connections and, 

if necessary, flow-inducing'devices* that 

transport gas or vapor from & piece-or 

pieces of equipment to. a control device 

or back into the-process. 

Connector means flanged, screwed^ or 

other joined fittings used to connect two 

pipe lines' or a pipe line and a piece of 

equipment. A common connector is a. 

flange. Joined fittings welded completely 

around the circumference of the 

interface are not considered connectors 

for the purpose of this regulation. For 

the purpose of reporting and 

recordkeeping, connector means^ joined 

fittings that are not inaccessible; glass, 

or glass-lined as described in § XX.X2-

13(1). 

Control device, means an enclosed 

combustion device, vapor recovery 

system (including devices used for 

temporary recovery and ultimate 

disposal,, such as carbon adsorption); or 

flare*. 

Double block and breed system means 

two block valves connected m serieswith a bleed valve or line that can vent 

the line between the two block valves. 

Equipment means each pump; 

compressor, agitator, pressure relief 

device, sampling, connection* system, 

open-ended valve or line,, valve, 

connector, product accumulator vessel, 

and instrumentation system in. VHAP 

service; and any control devices or 

systems required by this subpart. 

First attempt at repair means to take, 

action for the purpose of stopping or 

reducing leakage of organic material to 

the atmosphere. 

In food/medical service means that a 

piece of equipment, in VHAP service 

contacts a process stream used to 

manufacture a Food and Drug. 

Administration regulated product where 

leakage of a barrier fluid into the 

process stream would cause any of the 

following: 

(1) A dilution of product quality so 

that the product would not meet writteni 

specifications, 

(2)i An exothermic reaction which 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- VHAP service 

contains a gas or vapor at operating 

conditions; 

In heavy liquid service means that a 

piece of equipment in VHAP service is 

not in gas/vapor service or in1 light liquid 

service. 

In light liquid'service means that a 

piece of equipment in VHAP service 

contains* a liquid that meets the 

following- conditions:' 
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Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9319 

(1) The vapor pressure of one or more 

of the VHAPs is greater than 0.3 

kilopascals (kPa) at 20°C; 

(2) The total concentration of the pure 

VHAP constituents having a vapor 

pressure greater than 0.3 kPa at 20°C is 

equal to or greater than 20 percent by 

weight of the total process stream; and 

(3) The fluid is a liquid at operating 

conditions. 

(Note: Vapor pressures may be determined 

by the methods described in § 60.485 (e)(1).)-

In liquid service means that a piece of 

equipment in VHAP service is not in 

gas/vapor service. 

In vacuum service means that 

equipment is operating at an internal 

pressure which is at least 5 kPa below 

ambient pressure. 

In VHAPservice means that a piece 

of equipment either contains or contacts 

a fluid (liquid or gas) that is at least 5 

percent by weight a volatile hazardous 

air pollutant (VHAP) as determined 

according to the provisions of 

§ XX.X5(d). The provisions of 

§ XX.X5(d) also specify how to 

determine that a piece of equipment is 

not in VHAP service. 

In VOC service means, for the 

purposes of this subpart, that: 

(1) The piece of equipment contains or 

contacts a process fluid that is at least 

10 percent VOC by weight (see 40 CFR 

60.2 for the definition of volatile organic 

compound or VOC, and 40 CFR 60.485(d) 

to determine whether a piece of 

equipment is not in VOC service) and 

(2) The piece of equipment is not in 

heavy liquid service as defined in 4& 

CFR 60;481. 

In-situ sampling systems means 

nonextractive samplers or. in-line 

samplers. 

Instrumentation system means a 

group of equipment components used to 

condition and convey a sample of the 

process fluid to analyzers and 

instruments for the purpose of 

determining process operating 

conditions (e.g., composition, pressure, 

flow; etc.). Valves and connectors are 

the predominant type of equipment used 

in instrumentation systems; however, 

other types of equipment may also be 

included in these systems. Only valves 

nominally 0.5 inches and smaller and 

connectors nominally 0.75 inches and 

smaller in diameter are considered 

instrumentation systems for the 

purposes of this subpart. Valves greater 

than nominally 0.5 inches and 

connectors greater than nominally 0.75 

inches associated with instrumentation 

systems are not considered part of 

instrumentation systems and must be 

monitored individually. 

Liquids dripping means any visible 

leakage from the seal including dripping, 

spraying, misting, clouding, and ice 

formation. Indications of liquid dripping 

include puddling or new stains that are 

indicative of an existing, evaporated 

drip. 

Miscellaneous butadiene use means a 

process that produces one or more of the 

following butadiene products: 

tetrahydrophtalic anhydride (THPA), 

methylmethacrylatebutadiene styrene 

(MBS) resins, Captan®, Captafol®, 1,4-

hexadiene, adiponitrile, dodecanedionic 

acid, butadienefurfural cotrimer, 

methylmethacrylate acrylonitrilebutadiene styrene (MABS) resins, and 

ethylidene norbornene. 

Nonrepairable means that it is 

technically infeasible to repair a piece of 

equipment from which a leak has been 

detected without a process unit 

shutdown. 

Open-ended valve or line means any 

valve, except pressure relief valves, 

having one side of the valve seat in 

contact with process fluid and one side 

open to atmosphere, either directly or 

through open piping. 

Pesticide production means a process 

that uses one or more of the following 

chemicals as a reactant or a processing 

aid in the synthesis of a pesticide 

intermediate or product: carbon 

tetrachloride, ethylene dichloride, and 

methylene chloride. 

Petroleum means the crude oil or 

natural gas liquids removed from the 

earth and oils derived from tar sands, 

shale, and coal. 

Petroleum refining process unit means 

a process unit that for the purpose of 

producing transportation fuels (such as 

. gasoline and diesel fuels), heating oils 

(such as distillate and residual fuel oils), 

or lubricants; separates petroleum; or 

separates, cracks, or reforms unfinished 

petroleum derivatives. Examples of such 

units include, but are not limited to, 

alkylation units, catalytic hydrotreating, 

catalytic hydrorefining. catalytic 

hydrocracking, catalytic reforming, 

catalytic cracking, crude distillation, 

and thermal processes. 

Pharmaceutical production means a 

process that synthesizes pharmaceutical 

intermediate or final products using 

carbon tetrachloride or methylene 

chloride as a reactant or process 

solvent. 

Plant site means a contiguous or 

adjoining area under the control of a 

single owner or operator that contains 

one or more process units to which these 

standards apply. Plant site does not 

include those units to which these 

standards do not apply. 

Polybutadlene production means a 

process that produces polybutadiene 

through the polymerization of 1,3-

butadiene. 

Polymerizing monomer means a 

molecule or compound usually 

containing carbon and of relatively low 

molecular weight and simple structure 

(e.g., hydrogen cyanide, acrylonitrile, 

styrene), which is capable of conversion 

to polymers, synthetic resins or 

elastomers by combination with itself 

due to heat generation caused by a 

pump mechanical seal surface, 

contamination by a seal fluid (e.g., 

organic peroxides or chemicals that will 

form organic peroxides], or a 

combination of both with the resultant 

polymer buildup causing rapid 

mechanical seal failure. 

Pressure release means the emission 

of materials resulting from the system 

pressure being greater than the set 

pressure of the pressure relief device. 

Process unit means equipment that uses 

or produces a VHAP or its derivatives 

as intermediates or final products, and 

is listed in § XX.XO(b) and (c). For the 

purpose of this regulation, process unit 

includes all equipment associated with 

the unit process operation (e.g., reactors, 

distillation, etc.), storage and transfer of 

feed material to the unit process 

operation and final or intermediate 

product from the unit process operation, 

and operations treating wastewater 

from the unit process operation. 

Process unit shutdown means a work 

practice or operational procedure that 

stops production from a process unit or 

part of a process unit during which it is 

technically feasible to^clear process 

material from a process unit or part of a 

process unit consistent with safety 

constraints and during which repairs 

can be effected. An unscheduled work 

practice or operational procedure that 

stops production from a process unit or 

part of a process unit for less than 24 

hours is not a process unit shutdown. 

An unscheduled work practice or 

operational procedure that would stop 

production from a process unit or part of 

a process unit for a shorter period of 

time than would be required to clear the 

process unit or part of the process unit 

of materials and start up the unit, and 

would result in greater emissions than 

delay of repair of leaking components 

until the next scheduled process unit 

shutdown, is not a process unit 

shutdown. The use of spare equipment 

and technically feasible bypassing of 

equipment without stopping production 

are not process unit shutdowns. 

Product accumulator vessel means 

any distillate receiver, bottoms receiver, 

surge control vessel, or product 

separator in VHAP service that is 

vented to the atmosphere either directly 

without first going through a pressure 

relief device or through a vacuum 

producing system. A product 

accumulator vessel is in VHAP service if 
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9320 Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

the liquid or the vapor in the vessel is at 

least 5 percent by weight VHAP. 

Repaired means that equipment is 

adjusted, or otherwise altered, to 

eliminate a leak as defined in the 

applicable sections of this subpart. 

Screwed connector means a threaded 

pipe fitting where the threads are cut on 

the pipe wall and the fitting requires 

only two pieces to make the connection 

(i.e., the pipe and the fitting). 

Semiannual means a 6-month period; 

the first semiannual period concludes on 

the last day of the last month during the 

180 calendar days following initial 

startup for new sources; and the first 

semiannual period concludes on the last 

day of the last month during the 180 

calendar days after the effective date of 

a specific subpart that references this 

subpart for existing sources unless an 

earlier month is designated by the 

owner or operator. 

Sensor means a device that measures 

a physical quantity or the change in a 

physical quantity, such as temperature, 

pressure, flow rate, pH, or liquid level. 

Set pressure means the pressure at 

which a properly operating pressure 

relief device begins to open to relieve 

atypical process system operating 

pressure. 

Startup means the setting in operation 

of a process unit or control device. 

Styrene-butadiene rubber production 

means a process that produces styrenebutadiene copolymers, whether in solid 

(elastomer) or emulsion (latex) form. 

Volatile hazardous air pollutant or 

VHAP means a substance listed in 

§ XX.X8-1. 

Section XX.X2-1 Standards*. General 

(a) Each owner or operator subject to 

the provisions of this subpart shall 

demonstrate compliance with the 

requirements of § XX.X2-1 to, § XX.X2-

13 for each new and existing source as 

required in 40 CFR 61.05, except as 

provided in § XX.X3 and § XX.X4. 

(b) Compliance with this subpart will 

be determined by review of records, 

review of performance test results, and 

' inspection using the methods and 

procedures specified in § XX.X5. 

(c)(1) An owner or operator may 

request a determination of alternative 

means of emission limitation to the 

requirements of § XX.X2-2, § XX.X2-3, 

§ XX.X2-5, § XX.X2-6, § XX.X2-7, 

§ XX.X2-3, § XX.X2-9, § XX.X2-11, 

§ XX.X2-12, and § XX.X2-13 are 

provided in § XX.X4. 

[2) -If the Administrator makes a 

determination that a means of emission 

limitation is a permissible alternative to 

the requirements of § XX.X2-2, 

§ XX.X2-3, § XX.X2-5, § XX.X2-6, 

§ XX.X2-7, § XX.X2-3, § XX.X2-9, 

§ XX.X2-11, § XX.X2-12, and § XX.X2-

13, the owner or operator shall comply 

with the alternative. 

(d) Each piece of equipment in a 

process unit to which this subpart 

applies shall be identified such that it 

can be distinguished readily from 

equipment that is not subject to this 

subpart. Identification of the equipment 

does not require physical tagging of the 

equipment. For example the equipment 

may be identified on a plant site plan, in 

log entries, or by designation of process 

unit boundaries by some form of 

weatherproof identification. 

. (e) Equipment that is in vacuum 

service is excluded from the 

requirements of § XX.X2-2 to § XX.X2-

13 if it is identified as required in 

§ XX.X6(b)(5). 

(f) Equipment that is in VHAP service 

less than 300 hours per calendar year is 

excluded from the requirements of 

§ XX.X2-2 to § XX.X2-13 and § XX.X4-2 

if it is identified as required in 

§ XX.X6(b)(7). 

(g) The provisions for existing process 

units apply to process units that 

commenced construction or 

reconstruction before [Insert date of 

publication of proposal rule in the 

Federal Register]; the provisions for new 

process units apply to units the 

construction or reconstruction of which 

commences on or after [Insert date of 

publication of proposal nil in the 

Federal Register]. 

Section XX.X2-2 Standards: Pumps in 

Light Liquid Service 

(a) The provisions of this section 

apply to each pump that is in light liquid 

service. 

(1) The provisions are implemented on 

the specified applicability dates 

designated in § XX.XO(b) for existing 

and new process units in the phases 

specified below: 

(i) For each group of existing process 

units, the phases of the standard are: 

(A) Phase I, beginning on the 

applicability date; 

(B) Phase II, beginning 1 year after the 

applicability date, and 

(C) Phase III, beginning 2 Ms years after 

the applicability date. 

_(ii) For new process units, the 

applicable phases of the standard are: 

(A) After initial startup, comply with 

the Phase II requirements. 

(B) Beginning 1 year after startup, 

comply with the Phase III requirements. 

(2) The owner or operator of an 

affected process unit may elect to meet 

the requirements of a later phase during 

, the time period specified for an earlier 

phase. 

(b) (1) The owner or operator of an 

affected process unit shall monitor each 

pump monthly to detect leaks by the 

method specified in § XX.X5(b) and 

shall comply with the requirements of 

paragraphs (a) through (d) of this 

section, except as provided in § XX.X2-

1(c) and paragraphs (e) through (h) of 

this section. 

(2) The instrument reading, as 

determined by the method as specified 

in § XX.X5(b), that defines a leak in 

each phase of the standard is: 

(i) For Phase I, an instrument reading 

of 10,000 ppm or greater. 

(ii) For Phase II, an instrument reading 

of 5,000 ppm or greater. 

(iii) For Phase III, an instrument 

reading of 

(A) 5,000 ppm or greater for pumps 

handling polymerizing monomers, 

(B) 2,000 ppm or greater for pumps in 

food/medical service, and 

(C) 1,000 ppm or greater for all other 

pumps. 

(3) Each pump shall be checked by 

visual inspection each calendar week 

for indications of liquids dripping from 

the pump seal. If there are indications of 

liquids dripping from the pump seal, a 

leak is detected. 

(c) (1) When a leak is detected, it shall 

be repaired as soon as practicable, but 

not later than 15 calendar days after it is 

detected, except as provided in 

paragraph (c) (3) of this section or 

§ XX.X2-10. 

(2) A first attempt at repair shall be 

made no later than 5 calendar days after 

the leak is detected. First attempts at 

repair include, but are not limited to, the 

following practices where practicable: 

(i) Tightening of packing gland nuts. 

(ii) Ensuring that the seal flush is 

operating at design pressure and 

temperature. 

(3) For pumps in Phase III to which a 

1,000 ppm leak definition applies, repair 

is not required unless an instrument 

reading of 2,000 ppm or greater is 

detected. 

(d) (1) The owner or operator shall 

decide no later than the first monitoring 

period whether to calculate percent 

leaking pumps on a process unit basis or 

on a plant site basis. Once the owner or 

operator has decided, all subsequent 

percent calculations shall be made on 

the same basis. 

(2) If, in Phase III, calculated on a 6-

month rolling average, the greater of 

either 10 percent of the pumps in a 

process unit (or plant site) or 3 pumps in 

a process unit (or plant site) leak, the 

owner or operator shall implement a 

quality improvement program for pumps 

that complies with the requirements of 

§ XX.X3-2. 

(3) The number of pumps at a process 

unit (or plant site) shall be the sum of all 
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Federal Registet / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9321 

the pumps in VHAP service, except that 

pumps found leaking in a continuous 

process unit within 1 month after startup 

shall not count in the percent leaking 

pumps calculation for that one 

monitoring period only. 

(4) Percent leaking pumps shall be 

determined by the following equation: 

PL=((PL-PS)/(PT-PS))X100 

where: 

%Pt=percent leaking pumps 

PL—number of pumps found leaking as 

determined through monthly monitoring 

as required in paragraphs (b) (I] and (2) 

of this section 

PT=Totat pumps in VHAP service, including 

those meeting the criteria in paragraphs 

(e) and (f) of this section 

Ps=number of pumps leaking within 1 month 

of startup during the current monitoring 

period 

(e) Each pump equipped with a dual 

mechanical seal system that includes a 

barrier fluid system is exempt from the 

requirements of paragraph (b) of this 

section, provided the following 

requirements are met: 

(1) Each dual mechanical seal system 

is: 

(i) Operated with the barrier fluid at a 

pressure that is at all times greater than 

the pump stuffing box pressure; or 

(ii) Equipped with a barrier fluid 

degassing reservoir that is connected by 

a closed-vent system to a control device 

that complies with the requirements of 

§ XX.X2-11; or. 

(iii) Equipped with a closed-loop 

system that purges the barrier fluid into 

a process stream. 

(2) The barrier fluid is not in lightliquid VHAP service. 

(3) Each barrier fluid system is 

equipped with a sensor that will detect 

failure of the seal system, the barrier 

fluid system, or both. 

(4) Each pump is checked by visual 

inspection each calendar week for 

indications of liquids dripping from the 

pump seal. 

(i) If there are indications of liquid 

dripping from the pump seal at the time 

of the weekly inspection, the pump shall 

be monitored as specified in § XX.X5(b) 

to determine the presence of VHAP in 

the barrier fluid. 

(ii) If an instrument reading of 1,000 

ppm or greater is measured, a leak is 

detected. 

(5) Each sensor as described in 

paragraph (e) (3) of this section is 

observed daily or is equipped with an 

alarm unless the pump is located within 

the boundary of an unmanned plant site. 

(6) (i) The owner or operator 

determines, based on design 

considerations and operating 

experience, criteria applicable to the 

presence and frequency of drips and to 

the sensor that indicates failure of the 

seat system, the barrier fluid system, or 

both. 

(ii) If indications of liquids dripping 

from the pump seal exceed the criteria 

established in paragraph (e)(6)(i) of this 

section, or if, based on the criteria 

established in paragraph (e)(6) (i) of this 

section, the sensor indicates failurerof 

the seal system, the barrier fluid system, 

or both, a leak is detected. 

(iii) When a leak is detected, it shall 

be repaired as soon as practicable, but 

not later than 15 calendar days after it is 

detected, except as provided in 

§ XX.X2-10. 

(iv) A first attempt at repair shall be 

made no later than 5 calendar days after 

each leak is detected. 

(f) Any pump that is designed with no 

externally actuated shaft penetrating the 

pump housing is exempt from 

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

(g) Any pump equipped with a closedvent system capable of capturing and 

transporting any leakage from the seal 

or seals to a control device that 

complies with the requirements of 

§ XX.X2-11 is exempt from the 

requirements of paragraphs (b)-(e). 

(h) Any pump that is located within 

the boundary of an unmanned plant site 

is exempt from the weekly visual 

inspection requirement of paragraphs (b) 

(3) and (e) (4) of this section, and the 

daily requirements of paragraph (e) (5) 

of this section* provided that each pump 

is visually inspected as often as 

practicable and at least monthly. ' 

Section XX.X2-3 Standards: 

Compressors. 

(a) Each compressor shall be equipped 

with a seal system that includes a 

barrier fluid system and that prevent 

leakage of process fluid to atmosphere, 

except as provided in § XX.X2-l(c) and 

paragraphs (h) and (i) of this section. 

(b) Each compressor seal system as 

required in paragraph (a) of this section 

shall be: 

(1) Operated with the barrier fluid at a 

pressure that is greater than the 

compressor stuffing box pressure; or 

(2) Equipped with a barrier fluid 

system that is connected by a closedvent system to a control device that 

complies with the requirements of 

§ XX.X2-U; or 

(3) Equipped with a closed-loop 

system that purges the barrier fluid 

directly into a process stream. 

(c) The barrier fluid shall not be in 

light liquid service. 

(d) Each barrier fluid system as 

described in paragraphs (a) through (c) 

of this section shall be equipped with a 

sensor that will detect failure of the seal 

system, barrier fluid system, or both. 

(e) (I) Each sensor as required in 

paragraph (d) of this section shall be 

observed daily or shall be equipped with 

an alarm unless the compressor is 

located within the boundary of an 

unmanned plant site. 

(2) The owner or operator shall 

determine, based on design 

considerations and operating 

experience, a criterion that indicates 

failure of the seal system, the barrier 

fluid system, or both. 

(f) If the sensor indicates failure of the 

seal system, the barrier fluid system, or 

both based on the criterion determined 

under paragraph (e) (2) of this section, a 

leak is detected. 

(g) (1) When a leak is detected, it shall 

be repaired as soon as practicable, but 

not later than 15 calendar days after it is 

detected, except as provided in 

S XX.X2-10. 

(2) A first attempt at repair shall be 

made no later than 5 calendar days after 

each leak is detected. 

(h) A compressor is exempt from the 

requirements of paragraphs (a) and (b) 

of this section if it is equipped with a 

closed-vent system capable of capturing 

and transporting any leakage from the 

seal to a control device that complies 

with the requirements of J XX.X2-11, 

except as provided in paragraph (i) of 

this section. 

(i) Any compressor that is designated, 

as described in 5 XX. X6 (b) (2), to 

operate as indicated by an instrument 

reading of less than 500 ppm above 

background, is exempt from the 

requirements of paragraphs (a) through 

(h) of this section if the compressor: 

(1) Is demonstrated to be operating 

with an instrument reading of less than 

500 ppm above background, as 

measured by the method specified in 

§ XX.X5(c); and 

(2) Is tested for compliance with 

paragraph (i)(l) of this section initially 

upon designation, annually,, and at other 

times requested by the Administrator. 

Section XX.X2-4 Standards: Pressure 

Relief devices in Gas/vapor Service. 

(a) Except during pressure releases, 

each pressure relief device in gas/vapor 

service shall be operated with an 

instrument reading of less than 500 ppm 

above background except as provided in 

paragraph (b) of this section, as 

measured by the method specified in 

§ XX.X5(c). 

(b)(1) After each pressure release, the 

pressure relief device shall be returned 

to a condition indicated by an 

instrument reading of less than 500 ppm 

above background, as soon as 

practicable, but no later than 5 calendar 
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9322 Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

days after each pressure release, except 

as provided in § XX.X2-10. 

(2) No later than 5 calendar days after 

the pressure release, the pressure relief 

device shall be monitored to confirm the 

condition indicated by an instrument 

reading of less than 500 ppm above 

background, as measured by the method 

specified in § XX.X5(c). 

(c) Any pressure relief device that is 

equipped with a closed-vent system 

capable of capturing and transporting 

leakage from the pressure relief device 

to a control device as described in 

§ XX.X211 is exempt from the 

requirements of paragraphs (a) and (b) 

of this section. 

Section XX.X2-5 Standards: Sampling 

Connection Systems. 

(a) Each sampling connection system 

shall be equipped with a closed-purge, 

closed-loop, or closed-vent system, 

except as provided in § XX.X2-l(c). 

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

closed-vent system as required in 

paragraph (a) of this section shall: 

(1) Return the purged process fluid 

directly to the process line or 

(2) Collect and recycle the purged 

process fluid; or 

(3) Be designed and operated to 

capture and transport all the purged 

process fluid to a control device that 

complies with the requirements of 

§ XX.X2-11. 

(c) In-situ sampling systems are 

exempt from the requirements of 

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

Section XX.X2-6 Standards: Openended Valves or Lines 

(a)(1) Each open-ended valve or line 

shall be equipped with a cap, blind 

flange, plug, or a second valve, except 

as provided in § XX.X2-l(c). 

(2) The cap, blind flange, plug, or 

second valve shall seal the open end at 

all times except during operations 

requiring process fluid flow through the 

open-ended valve or line or during 

maintenance or repair. 

(b) Each open-ended valve or line 

equipped with a second valve shall be 

operated in a manner such that the 

valve on the process fluid end is closed 

before the second valve is closed. 

(c) When a double block and bleed 

system is being used, the bleed valve or 

line may remain open during operations 

that require venting the line between the 

block valves but shall comply with 

paragraph (a) of this section at all other 

times. 

Section XX.X2-7 Standards: Valves in 

Gas/Vapor Service and in.Light Liquid 

Service 

(a) The provisions of this section 

apply to valves that are either in gas 

service or in light liquid service. 

(1) The provisions are implemented on 

the specified applicability dates set forth 

in § XX.XO(b) for existing and new 

process units in the phases specified 

below: 

(i) For each group of existing process 

units, the phases of the standard are: 

(A) Phase I, beginning on the 

applicability date; 

(B) Phase II, beginning 1 year after the 

applicability date; and 

(C) Phase III, beginning 2Ms years after 

the applicability date. 

(ii) For new process units, the 

applicable phases of the standard are: 

(A) After initial startup, comply with 

the Phase II requirements. 

(B) Beginning 1 year after startup, 

comply with the Phase III requirements. 

(2) The owner or operator of an 

affected process unit may elect to meet 

the requirements of a later phase during 

the time period specified for an earlier 

phase. 

(b) The owner or operator of an 

affected process unit shall monitor all 

valves, except as provided in §§ XX.X2-

1(c), and (h) and (i) of this section, at the 

intervals specified in paragraphs (c) and 

(d) of this section and shall comply with 

all other provisions of this section, 

except as provided in § XX.X2-10, 

§ XX.X4-1, § XX.X4-2, and § XX.X4-3. 

(1) The valves shall be monitored to 

detect leaks by the method specified in 

§ XX.X5(b). 

(2) The instrument reading that 

defines a leak in each phase of the 

standard is: 

(i) For Phase I, an instrument reading 

of 10,000 ppm or greater. 

(ii) For Phase II, an instrument reading 

of 500 ppm or greater. 

(iii) For Phase III, an instrument 

reading of 500 ppm or greater. 

(c) In Phases I and II, each valve shall 

be monitored quarterly. 

(d) In Phase III, the owner or operator 

shall monitor valves for leaks at the 

intervals specified below: 

(1) At process units with 2 percent or 

greater leaking valves, calculated as a 

rolling average of 2 consecutive periods, 

the owner or operator shall either: 

(i) Monitor each valve once per 

month; or 

(ii) Within the first year after the 

onset of Phase III, implement a quality 

improvement program for valves that 

complies with the requirements of 

§ XX.X3-1 and monitor quarterly. 

(2) At process units with less than 2 

percent leaking valves, the owner or 

operator shall monitor each valve once 

each quarter, except as provided in the 

following paragraphs (3) and (4) of this 

section. 

(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))xi00 

where 

%VL=percent leaking valves 

VL=number of valves found leaking 

excluding nonrepairables as provided in 

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

VT=Total valves monitored : 

Vc=Optional credit for removed valves = 

0.67 X net number (i.e., total removed -

total added) of valves in VHAP service 

removed from process unit after the 

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

for existing process units, and after the 

date of startup for new process units. If 

credits are not taken, then Vc=0. 

(2) For use in determining monitoring 

frequency, as specified in paragraph (d) 

of this section, the percent leaking 

valves shall be calculated as a rolling 

average of 2 consecutive monitoring 

periods for monthly, quarterly, or 

semiannual monitoring programs; and as 

an average of any 3 out of 4 consecutive 

monitoring periods for annual 

monitoring programs. 

(3) (i) Nonrepairable valves shall be 

included in the calculation of percent 

leaking valves the first time the valve is 

identified as leaking and nonrepairable 

and as required to comply with 

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

Otherwise, a number of nonrepairable' 

valves (identified and included in the 

percent leaking calculation in a previous 

period) up to a maximum of 1 percent of 

the total number of valves in VHAP 

service at a process unit may be 

excluded from calculation of percent 

leaking valves for subsequent 

monitoring periods. 

(ii) If the number of nonrepairable 

valves exceeds 1 percent of the total 

number of valves in VHAP service at a 

process unit, the number of 

nonrepairable valves exceeding 1 

percent of the total number of valves in 

VHAP service shall be included in the 

calculation of percent leaking valves. 

(f)(1) When a leak is detected, it shall 

be repaired as soon as practicable, but 

no later than 15 calendar days after the 
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Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9323 

leak is detected, except as provided in 

§XX.X2-10. 

(2) A first attempt at repair shall be 

made no later than 5 calendar days after 

each leak is detected. 

(3) When a leak is repaired, the valve 

shall be monitored at least once within 

the first three months after its repair. 

(g) First attempts at repair include, but 

are not limited to, the following 

practices where practicable: 

(1) Tightening of bonnet bolts; 

(2) Replacement of bonnet bolts; 

(3) Tightening of packing gland nuts; 

and 

(4) Injection of lubricant into 

lubricated packing. 

(h) Any valve that is designated, as 

described in § XX.X6(i)(l), as an unsafeto-monitor valve is exempt from the 

requirements of paragraph (b) through 

(d) of this section if: 

(1) The owner or operator of the valve 

determines that the valve is unsafe to 

monitor because monitoring personnel 

would be exposed to an immediate 

danger as a consequence of complying 

with paragraphs (b) through (d) of this 

section; and 

(2) The owner or operator of the valve 

has a written plan that requires 

monitoring of the valve as frequently as 

practicable during safe-to-monitor times. 

(i) Any valve that is designated, as 

described in § XX.X6(i) (2), as a 

difficult-to-monitor valve is exempt from 

the requirements of paragraphs (b) 

through (d) of this section if: 

(1) The owner or operator of the valve 

determines that the valve cannot be 

monitored without elevating the 

monitoring personnel more than 2 

meters above a support surface; 

(2) The process unit within which the 

valve is located is an existing process 

unit; and 

(3) The owner or operator of the valve 

follows a written plan that requires 

monitoring of the valve at least once per 

calendar year. 

(j) Any equipment located at a plant 

site with fewer than 250 valves in VHAP 

service is exempt from the requirements 

of paragraph (d) (1) of this section. 

Except as provided in paragraphs (h) 

and (i) of this section, the owner or 

operator shall monitor each valve in 

VHAP service for leaks once each 

quarter, or comply with paragraphs (d) 

(3) or (d) (4) of this section. 

Section XX.X2-8 Standards: Pumps, 

valves, connectors, and agitators in 

heavy liquid service; instrumentation 

systems; and pressure relief devices in 

liquid service. 

(a) Pumps, valves, connectors, and 

agitators in heavy liquid service, 

pressure relief devices in light liquid or 

heavy liquid service, and 

instrumentation systems shall be 

monitored within 5 calendar days by the 

method specified in § XX.X5(b) if 

evidence of a potential leak is found by 

visual, audible, olfactory, or any other 

detection method, except as provided in 

§ XX.X2-l(c). If a potential leak in an 

instrumentation system is repaired as 

required in paragraphs (c) and (d) of this 

section, it is not necessary to monitor 

the system for leaks by the method 

specified in § XX.X5(b). 

(b) If an instrument reading of 10,000 

ppm or greater for agitators, 1,000 ppm 

or greater for pumps, or 500 ppm or 

greater for valves, connectors, 

instrumentation systems, and pressure 

relief devices is measured, a leak is 

detected. 

(c) (1) When a leak is detected, it shall 

be repaired as soon as practicable, but 

not later than 15 calendar days after it is 

detected, except as provided in 

§ XX.X2-10. 

(2) The first attempt at repair shall be 

made no later than 5 calendar days after 

each leak is detected. 

(3) For instrumentation systems that 

are not monitored by the method 

specified in § XX.X5(b), repaired shall 

mean that the visual, audible, olfactory, 

or other indications of a leak have been 

eliminated; that no bubbles are 

observed at 44 potential leak sites 

during a leak check using soap solution; 

or that the system will hold a test 

pressure. 

(d) First attempts at repair include, 

but are not limited to, the best practices * 

described under § XX.X2-7(e). 

SectionXX.X2-9 Standards: Product 

accumulator vessels. 

Each product accumulator vessel shall 

be equipped with a closed-vent system 

capable of capturing and transporting 

any leakage from the vessel to a control 

device as described in § XX.X2-11, 

except as provided in § XX.X2-l(c). 

Section XX.X2-10 Standards: Delay of 

repair. 

(a) Delay of repair of equipment for 

which leaks have been detected i8 

allowed if the repair is technically 

infeasible without a process unit 

shutdown. Repair of this equipment 

shall occur by the end of the next 

process unit shutdown. 

(b) Delay of repair of equipment for 

which leaks have been detected is 

allowed for equipment that is isolated 

from the process and that does not 

remain in VHAP service. 

(c) Delay of repair for valves, 

connectors, and agitators is also 

allowed if: -

(1) The owner or operator determines 

that emissions of purged material 

resulting from immediate repair would 

be greater than the fugitive emissions 

likely to result from delay of repair, and 

(2) When repair procedures are 

effected, the purged material is collected 

and destroyed or recovered in a control 

device complying with § XX.X2-11. 

(d) Delay of repair for pumps is also 

allowed if: 

(1) Repair requires replacing a single 

mechanical seal system with 

(i) A dual mechanical seal system that 

meets the requirements of § XX.X2-2(e), 

(ii) a pump that meets the 

requirements of § XX.X2-2(f), or 

(iii) a closed-vent system control 

device that meets the requirements of 

§ XX.X2-2(g), and 

(2) Repair is completed as soon as 

practicable, but not later than 6 months 

after the leak was detected. 

(e) Delay of repair beyond a process 

unit shutdown will be allowed for a 

valve if valve assembly replacement is 

necessary during the process unit 

shutdown, valve assembly supplies have 

been depleted, and valve assembly 

supplies had been sufficiently stocked 

before the supplies were depleted. Delay 

of repair beyond the next process unit 

shutdown will not be allowed unless the 

next process unit shutdown occurs 

sooner than 6 months after the first 

process unit shutdown. 

Section XX.X2-11 Standards: Closedvent systems and control devices. 

(a) Owners or operators of closedvent systems and control devices used 

to comply with provisions of this 

subpart shall comply with the provisions 

of this section, except as provided in 

§ XX.X2-l(c). 

(b) Vapor recovery systems (for 

example, condensers and adsorbers) 

shall be designed and operated to 

recover the organic emissions vented to 

them with an efficiency of 95 percent or 

greater. 

(c) Enclosed combustion devices shall 

be designed and operated to reduce the 

organic emissions vented to them with 

an efficiency of 95 percent or greater or 

to provide a minimum residence time of 

0.50 seconds at a minimum temperature 

of 760°C. 

(d) Flares used to comply with this 

subpart shall comply with the 

requirements of § 60.18. 

(e) Owners or operators of control 

devices that are used to comply with the 

provisions of this subpart shall monitor 

these control devices to ensure that they 

are operated and maintained in 

conformance with their design. 
P.11 

9324 Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

•BBl^^BHHHHI^^Ma^H^HMa^^H^^H^^n^Ma^M^MaM^l^^^H^B^HMaBHM^^^H^HHBBanH^^HH^H^naH^MBMaMaM^H^^^H^^^H^^^^^^M^^HH i 

(f) (1) Closed-vent systems shall be 

designed for and operated with an 

instrument reading of less than 500 ppm 

above background and by visual 

inspections, as determined by the 

methods specified as § XX.X5(c). 

(2) Closed-vent systems shall be 

monitored to determine compliance with 

this section initially in accordance with 

§ 61.05, annually, and at other times 

requested by the Administrator, except 

equipment components on closed vent 

systems meeting the descriptions in 

§ XX.X2-7(h) and § XX.X2-13(f) through 

(h) shall meet the requirements of those 

sections. 

(3) Leaks, as indicated by an 

instrument reading greater than 500 ppm 

above background and visual 

inspections, shall be repaired as soon as 

practicable, but not later than 15 

calendar days after the leak is detected. 

(4) A first attempt at repair shall be 

made no later than 5 calendar days after 

the leak is detected. 

(g) Whenever VHAP emissions are 

vented to a closed-vent system or 

control device used to comply with the 

provisions of this subpart, such system 

or control device shall be operating. 

Section XX.X2-12 Standards: Agitators 

in gas/vapor service and in light liquid 

service. 

(a)(1) Each agitator shall be monitored 

monthly to detect leaks by the methods 

specified in § XX.X5(b), except as 

provided in § XX.X2-l(c). 

(2) Each agitator shall be checked by 

visual inspection each calendar week 

for indications of liquids dripping from 

the agitator. 

(b)(1) If an instrument reading of 

10,000 ppm or greater is measured, a 

leak is detected. 

(2) If there are indications of liquids 

dripping from the agitator, a leak is 

detected. 

(c)(1) When a leak is detected, it shall 

be repaired as soon as practicable, but 

not later than 15 calendar days after it is 

detected, except as provided in 

§ XX.X2-10. 

(2) A first attempt at repair shall be 

made no later than 5 calendar days after 

each leak is detected. 

(d) Any agitator equipped with a 

closed-vent system capable of capturing 

and transporting any leakage from the 

seal or seals to a control device that 

complies with the requirements of 

§ XX.X2-11 is exempt from the 

requirements of paragraphs (a)-(c). 

Section XX.X2-13 Standards: 

Connectors in Gas/Vapor Service and in 

Light Liquid Service 

(a) The owner or operator of an 

affected process unit shall monitor all 

connectors in gas/vapor and light liquid 

service, except as provided in 

§§ XX.X2-1 (c), and (f) through (h) of 

this section, at the intervals specified in 

paragraph (b) of this section. 

(1) The connectors shall be monitored 

to detect leaks by the method specified 

in § XX.X5(b). 

(2) If an instrument reading greater 

than or equal to 500 ppm is measured, a 

leak is detected. 

(b) The owner or operator shall 

monitor for leaks at the intervals 

specified below. 

(1) Within the first 12 months after the 

specified applicability dates described 

in § XX.XO(b) for each group of existing 

process units, the owner or operator 

shall monitor all connectors, except as 

provided in paragraphs (f) through (h) of 

this section! 

(2) Within the first 12 months after the 

beginning of startup or within 12 months 

after (date of promulgation), whichever 

is later, for new process units, the owner 

or operator shall monitor all connectors, 

except as provided in paragraphs (f) 

through (h) of this section. 

(3) After conducting the initial survey 

required in paragraph (b)(1) of this 

section, the owner or operator shall 

perform all subsequent monitoring of 

connectors at the following frequencies, 

except as provided in paragraph (c)(2) of 

this section: 

(i) Once per calendar year, if the 

percent leaking connectors in the 

process unit was 0.5 percent or greater 

during the last required monitoring 

period. 

(ii) Once every two calendar years, if 

the percent leaking connectors was less 

than 0.5 percent during the last required 

monitoring period. An owner or operator 

may comply with this paragraph by 

monitoring at least 40 percent of the 

connectors in the first year and the 

remainder of the connectors in the 

second year. The percent leaking 

connectors will be calculated for the 

total of all monitoring performed during 

the two-year period. 

(iii) If the owner or operator of a 

process unit in a biennial leak detection 

and repair program calculates less than 

0.5 percent leaking connectors from the 

2-year monitoring period, the owner or 

operator may monitor the connectors 1 

time every 4 years. An owner or 

operator may comply with the 

requirements of this paragraph by 

monitoring at least 20 percent of the 

connectors each year until all 

connectors have been monitored within 

4 years. 

(iv) If a process unit complying with 

the requirements of paragraph (b) of this 

section 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) of this section 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) of this section when the 

percent leaking connectors decreases to 

less than 0.5 percent. 

(4) After (Insert date of publication of 

proposed rule in the Federal Register), 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 (Insert date 

of publication of proposed rule in the 

Federal Register) but before (Insert date 

of publication of final rule in the Federal 

Register) shall be monitored or tested by 

(Insert 3 months after date of 

publication of final rule in the Federal 

Register); welds created after (Insert 

date of publication of final rule in the 

Federal Register) 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.XI, and is therefore not exempt 

from the provisions of this subpart. 

Connectors welded on or after (Insert 

date of publication of proposed rule in 

the Federal Register) can count as 

connectors removed from the process 

and be eligible for removed connector 

credits as described in paragraph (i) of 

this section. 

(c)(l)(i) Except as provided in 

paragraph (c)(l)(ii) of this section, each 

connector tnat has been opened or has 

otherwise had the seal broken shall be 
P.12 

Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9325 

monitored for leaks within the first 3 

months after being returned to VHAP 

service, including those determined to 

be nonrepairable prior to process unit 

shutdown. If the followup monitoring 

detects a leak, it shall be repaired 

according to the provisions of paragraph 

(d) of this section, unless it is 

determined to be nonrepairable, in 

which case it is counted as a 

nonrepairable for the purposes of 

paragraph (i)(2) of this section. 

(ii) As an alternative to the 

requirements in paragraph (c)(l)(i) of 

this section, an 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 paragraph 

(c)(1) (i) and (ii) of this section at the 

end of the current monitoring period he 

is in, provided that he notify the 

Administrator as required in 

§ XX.X7(b)(7) and begin the new 

alternative in annual monitoring. The 

initial monitoring in the new alternative 

shall be completed no later than 12 

months after notification of the 

Administrator of the switch. 

(2) As an alternative to the 

requirements of paragraph (b)(3) of this 

section, each screwed connector 2 

inches or less installed in a process unit 

before (Insert date of publication of 

proposed rule in Federal Register) may: 

(i) Comply with the requirements of 

§ XX.X2-8, and 

(ii) Be monitored for leaks within the 

first three months after being returned to 

VHAP service after having been opened 

or otherwise had the seal broken. If the 

followup monitoring detects a leak, it 

shall be repaired according to the 

provisions of paragraph (d) of this 

section. 

(d) When a leak is detected, it shall be 

repaired as soon as practicable, but no 

later than 15 calendar days after the 

leak is detected, except as provided in 

paragraph (g) of this section and in 

§ XX.X2-10. A first attempt at repair 

shall be made no later than 5 calendar 

days after the leak is detected. 

(e) If a leak is detected, the connector 

shall be monitored for leaks within the 

first three months after its repair. 

(f) Any connector that is designated, 

as described in § XX.X6(i)(l), as an 

unsafe-to-monitor connector is exempt 

from the requirements of paragraph (a) 

of this section if: 

(1) The owner or operator determines 

that the connector is unsafe to monitor 

because personnel would be exposed to 

an immediate danger as a result of 

complying with paragraphs (a) through 

(e) of this section; and 

(2) The owner or operator has a 

written plan that requires monitoring of 

the connector as frequent as practicable 

during safe to monitor periods. 

(g) Any connector that is designated, 

as described in § XX.X6(i)(3), as an 

unsafe-to-repair connector is exempt 

from the requirements of paragraphs (a), 

(d), and (e) of this section if: 

(1) The owner or operator determines 

that repair personnel would be exposed 

to an immediate danger as a 

consequence of complying with 

paragraph (d) of this section; and 

(2) The connector will be repaired 

before the end of the next scheduled 

process unit shutdown. 

(h)(1) Any connector that is 

designated, as described in § XX.X6(i)(4) 

as inaccessible, or is glass or glasslined, is exempt from the monitoring 

requirements of paragraph (a) of this 

section and from the recordkeeping and 

reporting requirements of § XX.X6 and 

§ XX.X7. An inaccessible connector is 

one that is 

(i) Buried. 

(ii) Insulated in a manner that 

prevents access to the connector by a 

monitor probe, 

(iii) Obstructed by equipment or 

piping that prevents access to the 

connector by a monitor probe, or 

(iv) Unable to be reached from a 25-

foot portable scaffold on the ground, and 

is greater than 2 meters above a support 

surface. 

(2) If any inaccessible or glass or 

glass-lined connector is observed by 

visual, audible, olfactory, or other 

means to be leaking, the leak shall be 

repaired as soon as practicable, but no 

later than 15 calendar days after the 

leak is detected, except as provided in 

§ XX.X2-10 and paragraph (g) of this 

section. 

(3) A first attempt at repair shall be 

made no later than 5 calendar days after 

the leak is detected. 

(i) For use in determining the 

monitoring frequency, as specified in 

paragraph (b) of this section, the percent 

leaking connectors shall be calculated 

as follows: 

(1) For the first monitoring period, use 

the following equation: 

% C,= CL=CL/(Ct+Cc)X100 

Where: 

% CL=percent leaking connectors 

CL=number of connectors measured at 500 

ppm or greater, by the method specified 

in § XX.X5(b) 

C,=total number of monitored connectors in 

the process unit 

Cc=Optional credit for removed connectors 

= 0.67 x net (i.e., total removed—total 

added) number of connectors in VHAP 

service removed from the process unit 

after the applicability date set forth in 

§ XX.XO(b) for existing process units, 

and after the date of startup for new 

process units. If credits are not taken, 

then Cc=0. 

(2) For subsequent monitoring periods, 

use the following equation: 

* CL=[(CU-CAN)/(C,+CC)]X100 

Where: 

% CL=percent leaking connectors 

CL=number of connectors, including 

nonrepairables, measured at 500 ppm or 

greater, by the method specified in 

§ XX.X5(b) 

CAN=number of allowable nonrepairable 

connectors, as determined by monitoring 

required in paragraphs (b)(3) and (c) of 

this section, not to exceed 2 percent of 

the total connector population, C, 

Ct=total number of monitored connectors, 

including nonrepairables, in the process 

unit. 

Cc=Optional credit for removed connectors 

= 0.67 x net number (i.e.. total 

removed—total added) of connectors in 

VHAP service removed from the process 

unit after the applicability date set forth 

in § XX.XO(b) for existing process units, 

and after the date of startup for new 

process units. If credits are not taken, 

thenCc=0. 

§ XX.X3-1 Quality Improvement 

Program (QIP) for Valves. 

(a) In Phase III, to comply with the 

requirements in § XX.X2-7(d)(l)(ii), an 

owner or operator may elect to comply 

with one of the alternative quality 

improvement programs specified in 

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

The decision to use one of these 

alternative provisions to comply with 

the requirements of § XX.X2-7(d)(l)(ii) 

must be made during the first year of 

Phase III for existing process units and 

for new process units. 

(b) An owner or operator of a process 

unit subject to the requirements of 

paragraphs (d) or (e) of this section shall 

comply with those requirements until 

the process unit has fewer than 2 

percent leaking valves, calculated as a 

rolling average of 2 consecutive quarters 

as specified in § XX.X2-7(e). 

(c) After the process unit has fewer 

than 2 percent leaking valves, the owner 

or operator may elect to comply with the 

requirements in § XX.X2-7, to continue 

to comply with the requirements in 

paragraph (e) (or (d), if appropriate) of 

this section, or both. If the owner or 

operator elects to continue the QIP, the 

owner or operator is exempt from the 

requirements for performance trials as 

specified in paragraph (e)(6) of this 

section, or further progress as specified 
P.13 

9326 Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

in paragraph (d)(4) of this section, as 

long as the process unit has fewer than 2 

percent leaking valves. If the owner or 

operator elects to comply with both 

paragraph (e) of this section and 

§ XX.X2-7, he may also take advantage 

of the lower monitoring frequencies 

associated with lower leak rates in 

§ XX.X2-7. If the owner or operator 

elects not to continue QIP, the QIP is no 

longer an option if the process unit again 

exceeds 2 percent leaking valves, and in 

such case, monthly monitoring will be 

required. 

(d) The following requirements shall 

be met if an owner or operator elects to 

use a QIP to demonstrate further 

progress: 

(1) The owner or operator shall 

continue to comply with the 

requirements in § XX.X2-7 except each 

valve shall be monitored quarterly. 

(2) The owner or operator shall collect 

the following data, and maintain records 

as required in § XX.X6(m), for each 

valve in each process unit subject to the 

QIP: 

(i) The maximum instrument reading 

observed in each monitoring 

observation before repair, the response 

factor for the stream if appropriate, the 

instrument model number, and date of 

the observation. 

(ii) Whether the valve is in gas or light 

liquid service. 

(iii) If a leak is detected, the repair 

methods used and the instrument 

readings after repair. 

(3) The owner or operator shall 

continue to collect data on the valves as 

long as the process unit remains in the 

QIP. 

(4) The owner or operator must 

demonstrate progress in reducing the . 

percent leaking valves each quarter the 

process unit is subject to the 

requirements of paragraph (d) of this 

section, except as provided in paragraph 

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

(i) Demonstration of progress shall 

mean that for each quarter there is at 

least a 10 percent reduction in the 

percent leaking valves from the percent 

leaking valves determined for the 

preceding monitoring period. The 

percent leaking valves shall be 

calculated as a rolling average of 2 

consecutive quarters of monitoring data. 

The percent reduction shall be 

calculated using the rolling average 

percent leaking valves, according to the 

following: 

%LV„=(%LVAV01 - %LVAVG2)/?SLVAvoi X100 

where: 

%LV„=Percent leaking valve reduction 

%LVAV0, = (%Vu+%Vu«)/2 and 

%1MAVG,=(%VU+,+»Vu+I)/2 

where: 

%VU, %VU-M, %Vu+a are percent leaking 

valves calculated for subsequent monitoring 

periods, i, i+1, i+2 

(ii) An owner or operator who fails for 

2 consecutive rolling averages to 

demonstrate at least a 10 percent 

reduction per quarter in percent leaking 

valves or that the overall average 

percent reduction based on 2 or more 

rolling averages is less than 10 percent 

per quarter shall either comply with the 

requirements in § XX.X2-7(d)(l) using 

monthly monitoring or shall comply 

using a QIP for technology review as 

specified in paragraph (e) of this section. 

If the owner or operator elects to comply 

with the requirements of paragraph (e) 

of this section, the schedule for 

performance trials and valve 

replacements remains as specified in 

paragraph (e) of this section. 

(e) The following requirements shall 

be met if an owner or operator elects to 

use a QIP of technology review and 

improvement: 

(1) The owner or operator shall 

comply with the requirements in 

§ XX.X2-7 except the requirement for 

monthly monitoring in paragraph 

§ XX.X2-7(d)(l)(i) does not apply. 

(2) The owner or operator shall collect 

the data specified below, and maintain 

records as required in § XX.X6(m), for 

each valve in each process unit subject 

to the QIP. The data may be collected 

and the records may be maintained on a 

process unit or group of process units 

basis. 

(i) The data shall include the 

following: 

(A) Valve type (e.g., ball, gate, check); 

valve manufacturer; valve design (e.g., 

external stem or actuating mechanism, 

flanged body); materials of construction; 

packing material; and year installed. 

(B) Service characteristics of the 

stream such as operating pressure, 

temperature, line diameter, and 

corrosivity. 

(C) Whether the valve is in gas or light 

liquid service. 

(D) The maximum instrument readings 

observed in each monitoring 

observation before repair, response 

factor for the stream if adjusted, 

instrument model number, and date of 

the observation. 

(E) If a leak is detected, the repair 

methods used and the instrument 

readings after repair. 

(F) If the data will be analyzed as part 

of a larger analysis program involving 

data from other plants or other types of 

process units, a description of any 

maintenance or quality assurance 

programs used in the process unit that 

are intended to improve emission 

performance. 

(3) The owner or operator shall 

continue to collect data on the valves as 

long as the process unit remains in the 

QIP. 

(4) The owner or operator shall 

inspect all valves removed from the 

process unit due to leaks. The inspection 

shall determine which parts of the valve 

have failed and shall include 

recommendations, as appropriate, for 

design changes or changes in 

specifications to reduce leak potential. 

(5)(i) The owner or operator shall 

analyze the data collected to comply 

with the requirements of paragraph 

(e)(2) of this section to determine the 

services, operating or maintenance 

practices, and valve designs or 

technologies that have poorer than 

average emission performance and 

those that have better than average 

emission performance. The analysis 

shall determine if specific trouble areas 

can be identified on the basis of service, 

operating conditions or maintenance 

practices, equipment design, or other 

process specific factors. 

(ii) The analysis shall also be used to 

identify any superior performing valve 

technologies that are applicable to the 

service(s), operating conditions, or valve 

designs associated with poorer than 

average emission performance. A 

superior performing valve technology is 

one for which a group of such valves has 

a leak frequency of less than 2 percent 

for specific applications in such a 

process unit. A candidate superior 

performing valve technology is one 

demonstrated or reported in the 

available literature or through a group 

study as having low emission 

performance and as being capable of 

achieving less than 2 percent leaking 

valves in the process unit. 

(iii) The analysis shall include 

consideration of: 

(A) The data obtained from the 

inspections of valves removed from the 

process unit due to leaks; 

(B) Information from the available 

literature and from the experience of 

other plant sites that will identify valve 

designs or technologies and operating 

conditions associated with low emission 

performance for specific services; and 

(C) Information on limitations on the 

service conditions for the valve design 

and operating conditions as well as 

information on maintenance procedures 

to ensure continued low emission 

performance. 

(iv) The data analysis may be 

conducted through an inter- or 

intracompany program (or through some 

combination of the two approaches) and 

may be for a single process wait, a 

company, or a group of process units. 
P.14 

(v) The first analysis of the data shall 

be completed no later than 18 months 

after the start of Phase HI. The first 

analysis shall be performed using a 

minimum of 2 quarters of data. An 

analysis of the data shall be done each 

year the process unit is in the QIP. 

(6) A trial evaluation program shall be 

conducted at each plant site for which 

the data analysis does not identify 

superior performing valve designs or 

technologies that can be applied to the 

operating conditions and services 

identified as having poorer than average 

performance, except as provided in 

paragraph (e)(6)(v) of this section. The 

trial program shall be used to evaluate 

the feasibility of using in the process 

unit the valve designs or technologies 

that have been identified by others as 

having low emission performance. 

(i) The trial program shall include online trials of valves or operating and 

maintenance practices tiiat have been 

identified in the available literature or in 

analysis by others as having the ability 

to perform with leak rates below 2 

percent in similar services, as having 

low probability of failure, or as having 

no external actuating mechanism in 

contact with the process fluid. If any of 

the candidate superior performing valve 

technologies is not included in the 

performance trials, the reasons for 

rejecting specific technologies from 

consideration shall be documented as 

required in § XX.X6(m)(6)(ii). 

(ii) The number of valves in the trial 

evaluation program shall be the lesser of 

1 percent or 20 valves for programs 

involving single process units and the 

lesser of 1 percent or 50 valves for 

programs involving groups of process 

units. 

(iii) The trial evaluation program shall 

specify and include documentation of: 

(A) The candidate superior performing 

valve designs or technologies to be 

evaluated, the stages for evaluating the 

identified candidate valve designs or 

technologies, including the estimated 

time period necessary to test the 

applicability; 

(B) The frequency of monitoring or 

inspection of the equipment; 

(C) The range of operating conditions 

over which the component will be 

evaluated. 

(D) Conclusions regarding the 

emission performance and the 

appropriate operating conditions and 

services for the trial valves. 

(iv) The performance trials shall 

initially be conducted for, at least a 6-

month period beginning not later than 18 

months after the start of Phase HI. Not 

later than 24 months after the start of 

Phase IH, the owner or operator shall 

have identified valve designs or 

technologies that, combined with 

appropriate process, operating, and 

maintenance practices, operate with low 

emission performance for specific 

applications in the process unit. The 

owner or operator shall continue to 

conduct performance trials as long as no 

superior performing design or 

technology has been identified, except 

as provided in paragraph (e)(6)(vi) of 

this section. The compilation of 

candidate and demonstrated superior 

emission performance valve designs or 

technologies shall be amended in the 

future, as appropriate, as additional 

information and experience Is obtained. 

(v) Any plant site with fewer than 4(H) 

valves and owned by a corporation with 

fewer than 100 total employees shall be 

exempt from trial evaluations of valves. 

Plant sites exempt from the trial 

evaluations of valves shall begin the 

valve replacement program at the start 

of the fourth year of Phase IH. 

(vi) An owner or operator who has 

conducted performance trials on all 

candidate superior emission 

performance technologies suitable for 

the required applications in the process 

unit may stop conducting perfonnance 

trials provided that a superior 

performing design or technology has 

been demonstrated or there are no 

technically feasible candidate superior 

technologies remaining. The owner or 

operator shall prepare an engineering 

evaluation documenting the physical, 

chemical, or engineering basis for the 

judgement that the superior emission 

performance technology is technically 

infeasible or demonstrating that it would 

not reduce emissions. 

(7) Each owner or operator who elects 

to use a QIP for technology review and 

improvement shall prepare and 

implement a valve quality assurance 

program that details purchasing 

specifications and maintenance 

procedures for all valves in the process 

unit. The quality assurance program 

may establish any number of categories, 

or classes, of valves as needed to 

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 (e)(5) of this section, if 

applicable, the findings of the trial 

evaluation required in paragraph (e)(6) 

of this section, and the operating 

conditions in the process unit. The 

quality assurance program shall be 

reviewed and, as appropriate, updated 

. each year as long as the process unit has 

2 percent or more leaking valves. 

(i) The quality assurance program 

shall: 

(A) Establish minimum design 

standards for each category of valves. 

The design standards shall specify 

known critical parameters such as 

tolerance, manufacturer, materials of 

construction, previous usage, or other 

applicable identified critical parameters; 

(B) Require that all equipment orders 

specify the design standard (or minimum 

tolerances) for the valve; 

(C) Include a written procedure for 

bench testing of valves that specifies 

performance criteria for acceptance of 

valves and specifies criteria for the 

precision and accuracy of the test 

apparatus. All valves repaired off-line 

after preparation of the quality 

assurance plan shall be bench tested for 

leaks. This testing may be conducted by 

the owner or operator of the process 

unit, by the vendor, or by a designated 

representative. The owner or operator 

shall install only those valves that have 

been documented through bench testing 

to be nonleaking. 

(D) Require that all valves repaired 

on-line be tested using the method 

specified in § XX.X5(b) for leaks for 2 

successive months, after repair. 

(E) Provide for an audit procedure for 

quality control of purchased equipment 

to ensure conformance with purchase 

specifications. The audit program may 

be conducted by the owner or operator 

of the process unit or by a designated 

representative. 

(F) Detail off-line valve maintenance 

and repair procedures. These 

procedures shall include provisions to 

ensure that rebuilt or refurbished valves 

will meet the design specifications for 

the valve type and will operate such 

that emissions are minimized. 

(ii) The quality assurance program 

shall be established no later than the 

start of the third year of Phase III for 

plant sites with 400 or more valves or 

owned by a corporation with 100 or 

more employees; and no later than the 

start of the fourth year of Phase III for 

plant sites with less than 400 valves and 

owned by a corporation with less than 

100 employees. 

(8) Beginning at the start of the third 

year of Phase III for plant sites with 400 

or more valves or owned by a 

corporation with 100 or more employees 

and at the start of the fourth year of 

Phase III for plant sites with less than 

400 valves and owned by a corporation 

with less than 100 employees, each 

valve that is replaced for any reason 

shall be replaced with a new or 

modified valve that complies with the 

quality assurance standards for the 

valve category and that is identified as 
P.15 

9328 Federal Register /Vol. 58, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

superior emission performance 

technology. Superior emission 

performance technology means valves 

or valve technologies identified with 

emission performance that, combined 

with appropriate process, operating, and 

maintenance practices, will result in less 

than 2 percent leaking valves for 

specific applications in a large 

population, except as provided in 

paragraph (e)(8)(ii) of this section. 

(i) The valves shall be maintained as 

specified in the quality assurance 

program. 

(ii) If a superior emission performance 

technology cannot be identified, then 

valve replacement shall be with one of 

(if several) the lowest emission 

performance technologies that has been 

identified for the specific application. 

Section XX.X3-2 Quality Improvement 

Program for Pumps 

(a) In Phase HI, if, on a 6-month rolling 

average, the greater of either 10 percent 

of the pumps in a process unit (or plant 

site) or 3 pumps in a process unit (or 

plant site) leak, the owner or operator 

shall comply with the requirements of 

this section as specified below: 

(1) Pumps that are in food/medical 

service or in polymerizing monomer 

service shall comply with all 

requirements except for those specified 

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

(2) Pumps that are not in food/medical 

. or polymerizing monomer service shall 

comply with all requirements of this 

section. 

(b) The owner or operator shall 

comply with the requirements of this 

section until the number of leaking 

pumps is less than the greater of either 

10 percent of the pumps or 3 pumps, as 

calculated as a 6-month-rolling average, 

in the process unit (or plant site). Once 

the performance level is achieved, the 

owner or operator shall comply with the 

requirements in § XX.X2-2. 

(c) If in a subsequent monitoring 

period the process unit (or plant site) 

has greater than 10 percent of the pumps 

leaking or 3 pumps leaking (calculated 

as a 6-month-rolling average), the owner 

or operator shall resume the quality 

improvement program starting at 

performance trials. 

(d) The quality improvement program 

shall include the following: 

(1) The owner or operator shall 

comply with the requirements in 

§ XX.X2-2. 

(2) The owner or operator shall collect 

the following data, and maintain records 

as required in § XX.X6(m), for each 

pump in each process unit (or plant site) 

subject to the QIP. The data may be 

collected and the records may be , 

maintained on a process unit or plant 

site basis. 

(i) Pump type (e.g., piston, horizontal 

or vertical centrifugal, gear, bellows); 

pump manufacturer; seal type and 

manufacturer; pump design (e.g., 

external shaft, flanged body); materials 

of construction; if applicable, barrier 

fluid or packing material; and year 

installed. 

(ii) Service characteristics of the 

stream such as discharge pressure, 

temperature, flow rate, corrosivity, and 

annual operating hours. 

(iii) The maximum Instrument 

readings observed in each monitoring 

observation before repair, response 

factor for the stream if appropriate, 

instrument model number, and date of 

the observation. 

(iv) If a leak is detected the repair 

methods used and the instrument 

readings after repair. 

(v) If the data will be analyzed as part 

of a larger analysis program involving 

data from other plants or other types of 

process units, a description of any 

maintenance or quality assurance 

programs used in the process unit that 

are intended to improve emission 

performance. 

(3) The owner or operator shall 

continue to collect data on the pumps as 

long as the process unit (or plant site) 

remains in the quality improvement 

program. 

(4) The owner or operator shall 

inspect all pumps or pump seals which 

exhibited frequent seal failures and 

were removed from the process unit due 

to leaks. The inspection shall determine 

the probable cause of the pump seal 

failure or of the pump leak and shall 

include recommendations, as 

appropriate, for design changes or 

changes in specifications to reduce leak 

potential. 

(5)(i) The owner or operator shall 

analyze the data collected to comply 

with the requirements of paragraph 

(d)(2) of this section to determine the • 

services, operating or maintenance 

practices, and pump or pump seal 

designs or technologies that have poorer 

than average emission performance and 

those that have better than average 

emission performance. The analysis 

shall determine if specific trouble areas 

can be identified on the basis of service, 

operating conditions or maintenance 

practices, equipment design, or other 

process specific factors. 

(ii) The analysis shall also be used to 

determine if there are superior 

performing pump or pump seal 

technologies that are applicable to the 

servicefs), 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 o * 

through a group study as having lew 

emission performance and as being 

capable of achieving less than 10 

percent leaking pumps in the process 

unit (or plant site). 

(iii) The analysis shall include 

consideration of: 

(A) The data obtained from the 

inspections of pumps and pump seals 

removed from the process unit due to 

leaks; 

(B) Information from the available 

literature and from the experience of 

other plant sites that will identify pump 

designs or technologies and operating 

conditions associated with low emission 

performance for specific services; and 

(C) Information on limitations on the 

service conditions for the pump seal 

technology operating conditions as well 

as information on maintenance 

procedures to ensure continued low 

emission performance. 

(iv) The data analysis may be 

conducted through an interior 

intracompany program (or through some 

combination of the two approaches) and 

may be for a single process unit, a plant 

site, a company, or a group of process 

units. 

(v) The first analysis of the data shall 

be completed no later than 18 months 

after the start of the quality 

improvement program. The first analysis 

shall be performed using a minimum of 6 

months of data. An analysis of the data 

shall be done each year the process unit 

is in the quality improvement program. 

(6) A trial evaluation program shall be 

conducted at each plant site for which 

the data analysis does not identify use 

. of superior performing pump seal 

technology or pumps that can be applied 

to the areas identified as having poorer 

than average performance, except as 

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

section. The trial program shall be used 

to evaluate the feasibility of using in the 

process unit (or plant site) the pump 

designs or seal technologies, and 

operating and maintenance practices 

that have been identified by others as 

having low emission performance. 

(i) The trial program shall include online 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 
P.16 

Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9329 

percent in similar services, as having 

low probability of failure, or as having 

no external actuating mechanism in 

contact with the process fluid. If any of 

the candidate superior performing pump 

seal technologies or pumps is not 

included in the performance trials, the 

reasons for rejecting specific 

technologies from consideration shall be 

documented as required in 

§ XX.X6(m)(6)(ii). 

(ii) The number of pump seal 

technologies or pumps in the trial 

evaluation program shall be the lesser of 

1 percent or 2 pumps for programs 

involving single process units and the 

lesser of 1 percent or 5 pumps for 

programs involving a plant site or 

groups of process units. The minimum 

number of pumps or pump seal 

technologies in a trial program shall be 

1. 

(iii) The trial evaluation program shall 

specify and include documentation of: 

(A) The candidate superior performing 

pump seal designs or technologies to be 

evaluated, the stages for evaluating the 

identified candidate pump designs or 

pump seal technologies, including the 

time period necessary to test the 

applicability; 

(B) The frequency of monitoring or 

inspection of the equipment; 

(C) The range of operating conditions 

over which the component will be 

evaluated. 

(D) Conclusions regarding the 

emission performance and the 

appropriate operating conditions and 

services for the trial pump seal 

technologies or pumps. 

(iv) The performance trials shall 

initially be conducted, at least for a 6-

month period beginning not later than 18 

months after the start of the quality 

improvement program. No later than 24 

months after the start of the 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 ho superior performing design 

or technology has been identified, 

except as provided in paragraph 

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

of superior emission performance pump 

designs or pump seal technologies shall 

be amended in the future, as 

appropriate, as additional information 

and experience is obtained. 

(v) Any plant site with fewer than 400 

valves and owned by a corporation with 

fewer than 100 employees shall be 

exempt from trial evaluations of pump 

seals or pump designs. Plant sites 

exempt from the trial evaluations of 

pumps shall begin the pump seal or 

pump replacement program at the start 

of the fourth year of the quality 

improvement program. 

(vi) An owner or operator who has 

conducted performance trials on all 

alternative superior emission 

performance technologies suitable for 

the required applications in the process 

unit may stop conducting performance 

trials provided that a superior 

performing design or technology has 

been demonstrated or there are no 

technically feasible alternative superior 

technologies remaining. The owner or 

operator shall prepare an engineering 

evaluation documenting the physical, 

chemical, or engineering basis for the 

judgement that the superior emission 

performance technology is technically -

infeasible or demonstrating that it would 

not reduce emissions. 

(7) Each owner or operator shall 

prepare and implement a pump quality 

assurance program that details 

purchasing specifications and 

maintenance procedures for all pumps 

and pump seals in the process unit. The 

quality assurance program may 

establish any number of categories, or 

classes, of pumps as needed to 

distinguish among operating conditions 

and services associated with poorer 

than average emission performance as 

well as those associated with better 

than average emission performance. The 

quality assurance program shall be 

developed considering the findings of 

the data analysis required under 

paragraph (d)(5) of this section, if 

applicable, the findings of the trial 

evaluation required in paragraph (d)(6) 

of this section, and the operating 

conditions in the process unit. The 

quality assurance program shall be 

updated each year as long as the 

process unit has the greater of either 10 

percent or more leaking pumps or has 3 

leaking pumps. 

(i) The quality assurance program 

shall: 

(A) Establish minimum design 

standards for each category of pumps or 

pump seal technology. The design 

standards shall specify known critical 

parameters such as tolerance, 

manufacturer, materials of construction, 

previous usage, or other applicable 

identified critical parameters; 

(B) Require that all equipment orders 

specify the design standard (or minimum 

tolerances) for the pump or the pump 

seal; 

(C) Provide for an audit procedure for 

quality control of purchased equipment 

to ensure conformance with purchase 

specifications. The audit program may 

be conducted by the owner or operator 

of the plant site or process unit or by a 

designated representative. 

(D) Detail off-line pump maintenance 

and repair procedures. These 

procedures shall include provisions to 

ensure that rebuilt or refurbished pumps 

and pump seals will meet the design 

specifications for the pump category and 

will operate such that emissions are 

minimized. 

(ii) The quality assurance program 

shall be established no later than the 

start of the third year of the quality 

improvement program for plant sites 

with 400 or more valves or 100 or more 

employees; and no later than the start of 

the fourth year of the quality 

improvement program for plant sites 

with less than 400 valves and less than 

100 employees. 

(8) Beginning at the start of the third 

year of the quality improvement 

program for plant sites with 400 or more 

valves or 100 or more employees and at 

the start of the fourth year of the quality 

improvement program for plant sites 

with less than 400 valves and less than 

100 employees, the owner or operator 

shall replace, as described in 

paragraphs (i) and (ii) of this paragraph, 

the pumps or pump seals that are not 

superior emission performance 

technology with pumps or pump seals 

that have been identified as superior 

emission performance technology and 

that comply with the quality assurance 

standards for the pump category. 

Superior emission performance 

technology is that category or design of 

pumps or pump seals with emission 

performance which, when combined 

with appropriate process, operating, and 

maintenance practices, will result in less 

than 10 percent leaking pumps Inr 

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 S XX.X2-2 are 

pumps determined to be superior 

performance technology. 

(ii) The owner or operator may delay 

replacement of pump seals or pumps 

with superior technology until the next 
P.17 

9330 Federal Register / Vol. 56, No. 44 / Wednesday; March 6, 1991 / Proposed Rules 

wn^•HMam^ — » • 11 ••••II—ran*—a*E——n****r a 

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 ui the quality assurance 

program. 

Section XX.X4-1 Alternative Means of 

Emission Limitation: General 

(a) Permission to use an alternative 

means of emission limitation under 

section 112(e)(3) of the Clean Air Act 

shall be governed by the following 

procedures: 

(b) Where the standard is an 

equipment, design, or operational 

requirement: 

(1) Each owner or operator applying 

for permission shall be responsible for 

collecting and verifying emission 

performance test data for an alternative 

means of emission limitation. 

(2) The Administrator will compare 

test data for the means of emission 

limitation to test data for the equipment, 

design, and operational requirements. -

(3) The Administrator may condition 

the permission on requirements that 

may be necessary to assure operation 

and maintenance to achieve the same 

emission reduction as the equipment 

design, and operational requirements. 

(c) Where the standard is a work 

practice: 

(1) Each owner or operator applying 

for permission shall be responsible for 

collecting and verifying test data for an 

alternative means of emission limitation. 

(2) For each source for which 

permission is requested, the emission 

reduction achieved by the required work 

practices shall be demonstrated for a 

minimum period of 12 months. 

(3) For each source for which 

permission is requested, the emission 

reduction achieved by the alternative 

means of emission limitation shall be 

demonstrated. 

(4) Each owner or operator applying 

for permission shall commit, in writing, 

for each source to work practices that 

provide for emission reductions equal to 

or greater than the emission reductions 

achieved by the required work practices. 

. (5) The Administrator will compare 

the demonstrated emission reduction for 

the alternative means of emission 

limitation to the demonstrated emission 

reduction for the required work 

practices and will consider the 

commitment in paragraph (c)(4) of this 

section 

(6) The Administrator may condition 

the permission on requirements that 

may be necessary to assure operation 

and maintenance to achieve the same or 

greater emission reduction as the 

required work practices of this subpart. 

(d) An owner or operator may offer a 

unique approach to demonstrate the 

alternative means of emission limitation. 

(e)(1) Manufacturers of equipment 

used to control equipment leaks of a 

VHAP may apply to the Administrator 

for permission for an alternative means 

of emission limitation that achieves a 

reduction in emissions of the VHAP 

achieved by the equipment, design, and 

operational requirements of this subpart 

(2) The Administrator will grant 

permission according to the provisions 

of paragraphs (b), (c), and (d) of this 

section. 

Section XX.X4-2 Alternative Means of 

Emission Limitation: Batch Processes 

(a) As an alternative to complying 

with the requirements of §§ XX.X2-2 

through XX.X2-10, XX.X2-12, XX.X2-13. 

XX.X3-1, and § XX.X3-2, an owner or 

operator of a batch process that 

operates in VHAP service during the 

calendar year may comply with one of 

the standards specified in paragraphs 

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

or operator may petition for approval of 

an alternative standard under the 

provisions of § XX.X4-1. The alternative 

standards of this section provide the 

options of pressure testing or monitoring 

the equipment for leaks. 

(b) The following requirements shall 

be met if an owner or operator elects to 

use pressure testing of batch productprocess equipment to demonstrate 

compliance with this subpart. An owner 

or operator who complies with the 

provisions of this paragraph is exempt 

from the monitoring provisions of 

§ XX.X2-2, § XX.X2-7, § XX.X2-8, 

XX.X2-10, § XX.X2-12, § XX.X2-13, 

§ XX.X3-1, and § XX.X3-2 of this 

subpart. 

(1) Each time equipment is 

reconfigured for production of a product 

or intermediate, the batch productprocess equipment train shall be 

pressure-tested for leaks before VHAP 

is first fed to the equipment and the 

equipment is placed in VHAP service. 

When the seal is broken between two 

items of equipment or when equipment 

is changed in a section of the batch 

product-process equipment train, 

pressure testing is required only for the 

new or disturbed equipment. Each batch 

product process that operates in VHAP 

service during a calendar year shall be 

pressure tested at least once during that 

calendar year. 

(2) The batch product process 

equipment shall be tested with a gas 

using the procedures specified in 

§ XX.X5(f) or with a liquid using the 

procedures specified in § XX.X5(g). 

(3)(i) For pressure tests using a gas, a 

leak is detected if the rate of change in 

pressure is greater than 1 psig in l hour 

or if there is visible, audible, or olfactory 

evidence of fluid loss. 

(ii) For pressure tests using a liquid, a 

leak is detected if there are indications 

of liquids dripping or if there is other 

evidence of fluid loss. 

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

repaired and the batch product-process 

equipment shall be retested before 

VHAP is fed to the equipment. 

(ii) If a batch product-process fails the 

retest or the second of two consecutive 

pressure tests, it shall be repaired as 

soon as practicable, but not later than 30 

calendar days after the equipment is 

placed in VHAP service, provided the 

conditions specified in paragraph (d) of 

this section are me t 

(c) The following requirements shall 

be met if an owner or operator elects to 

monitor the equipment to detect leaks 

by the method specified in § XX.X5(b) to 

demonstrate compliance with this 

subpart. 

(1) The owner or operator shall 

comply with the requirements of 

§§ XX.X2-2 to XX.X2-9, §§ XX.X2-11 to 

XX.X2-13, XX.X3-1 and § XX.X3-2. 

(2) The equipment shall be monitored 

for leaks by the method specified in 

§ XX.X5(b) when the equipment is in 

VHAP service, in use with an 

acceptable surrogate volatile organic 

compound which is not a VHAP or is in 

use with any other detectable gas or 

vapor. 

(3) The equipment shall be monitored ; 

for leaks as specified below: 

(i) Each time the equipment is 

reconfigured for the production of a 

product, the reconfigured equipment 

shall be monitored for leaks within 30 

days of being returned to VHAP service. 

This initial monitoring of reconfigured 

equipment shall not be included in 

determining percent leaking equipment 

(ii) Connectors shall be monitored in 

accordance with the requirements in 

§ XX.X2-13. 

(iii) Equipment other than connectors 

shall be monitored at the frequencies 

specified in the table below by the 

proportion of the year the batch productprocess equipment train is operating 

with processes that use VHAP and the : 

monitoring frequency for continuous 

processes. . , 
P.18 

Federal Register /Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9331 

Batch process 

time in use 

Oto <25% , , 

25 to <50% 

60 to <75% 

75 to ioo%-....:.:.. 

Equivalent continuous process 

monitoring frequency 

Monthly. 

Quarterly.. 

Quarterly.. 

Bimonthly. 

Monthly.... 

Quarterly 

Annually... 

Semian-

.. nually. 

Three 

• times. 

Quarterly.. 

Semiannually 

Annually. 

Annually. 

Semiannually. 

Semiannually. 

(iv) Valves may be monitored once 

per year and pumps and agitators may 

be monitored once per quarter if the 

time each individual item of equipment 

is in VHAP service is less than 2190 

hours in a calendar year. 

(v) The monitoring frequencies 

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

section are riot 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 (e.g., month, quarter, 

year), provided the monitoring is 

conducted at a reasonable interval after 

completion of the last monitoring 

campaign. For example, if the equipment 

is not operating during the scheduled 

monitoring period, the monitoring can be 

done during the next period when the 

process is operating. 

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

repaired as soon as practicable but not 

later than 15 calendar days after it is 

detected, except as provided in 

paragraph (d) of this section. 

(d) Delay of repair of equipment for 

which leaks have been detected is 

allowed if the replacement equipment is 

not available providing the following 

conditions are met: 

(1) Equipment supplies have been 

depleted and supplies had been 

sufficiently stocked before the supplies 

were depleted. 

(2) The repair is made no later than 10 

calendar days after delivery of the 

replacement equipment. 

Section XX.X4-3 Alternative Means of 

Emission Limitation: Enclosed-Vented 

Process Units 

Process units enclosed in such a 

manner that all emissions from 

equipment leaks are vented through a 

closed-vent system to a control device 

meeting the requirements of § XX.X2-11 

are exempt from the monitoring 

requirements of §§ XX.X2-2, XX.X2-7, 

XX.X2-8, XX.X2-12, and XX.X2-13. The 

enclosure shall be maintained under a 

negative pressure at all times while the 

process unit is in operation to ensure 

that all emissions are routed to a control 

device. 

Section XX.X5 Test Methods and 

Procedures 

(a) Each owner or operator subject, to 

the provisions of this subpart shall 

comply with the test methods and 

procedures requirements provided in. 

this section. 

(b) Monitoring, as required in 

§ XX.X2, § XX.X3, and § XX.X4, shall 

comply with the following requirements: 

(1) Monitoring shall comply with. 

Reference Method 21,40 CFR part 60. 

(2) The detection instrument shall 

meet the performance criteria of 

Reference Method 21,40 CFR part 60. 

(3) The instrument shall be calibrated 

before use on each day of its use by the 

procedures specified in Reference 

Method 21. 

(4) Calibration gases shall be: 

(i) Zero air (less than 0.2 ppm of 

hydrocarbon in air); and 

(ii)(A) For Phase I, a mixture of 

methane in air at a concentration of 

approximately, but less than, 10,000 

ppm. 

(B) For Phase II, a mixture of methane 

and air at a concentration of 

approximately, but less than, 10,000 ppm 

for agitators, 5,000 ppm for pumps, and 

500 ppm for all other equipment, except 

as provided in subparagraph (b)(4)(iii) of 

this section. 

(C) For Phase III, a mixture of 

methane and air at a concentration of 

approximately, but less than, 10,000 ppm 

methane for agitators, 2,000 ppm for 

pumps in food/medical service, 5,000 

ppm for pumps in polymerizing 

monomer service, 1,000 ppm for all other 

pumps, and 500 ppm for all other 

equipment, except as provided in 

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

(iii) The instrument may be calibrated 

at a higher methane concentration up to 

2,000 ppm than the leak definition 

concentration for a specific piece of 

equipment for monitoring that piece of 

equipment. The instrument may not be 

calibrated at a lower methane 

concentration than the leak definition 

concentration for a specific piece of 

equipment 

(5) The instrument probe shall be 

traversed around all potential leak 

interfaces as close to the interface as 

possible as described in Reference 

Method 21, 40 CFR part 60. 

(6) The instrument response factors 

shall be considered in the following 

manner: 

(i) The response factors used shall be 

the instrument response factor 

determined for the individual VHAP at 

500 ppm. The response factors may be 

obtained from the available literature, 

' the instrument manufacturer, or 

determined for the specific instrument 

and VHAP. 

(ii) Chemical composition of 

individual process streams may be 

determined by sampling, engineering 

calculations, or process knowledge. A 

separate determination for each stream 

is not necessary if all or portions of the 

process unit can be shown to exhibit 

similar composition. The basis for all 

process stream composition 

determinations shall be documented as 

required in § XX.X6(b)(ll). 

(iii) If the response factors at 500 ppm 

for the VHAP's that account for 90 

percent or more by weight of the process 

stream are all less than 3, tho instrument 

readings may be used without 

adjustment for response factors. 

(iv) If any of the response factors at 

500 ppm for the VHAP's that account for 

90 percent or more by weight of the 

process stream is 3 or greater, then a 

weighted average response factor for the 

VHAP in the process stream shall be 

calculated using the procedures 

specified in paragraph (b)(6)(v) of this 

section. If the process stream weighted 

average response factor is less than 3, 

the instrument readings may be used 

without adjustment for response factors. 

If the process stream weighted average 

response factor is greater than 3, the 

instrument readings shall be adjusted 

for response factors as indicated below: 

(A) Adjust the instrument readings by 

multiplying by the response factor, 

(B) Select another instrument, 

determine or obtain instrument response 

factors for the VHAP in question, and 

evaluate the need for adjustment as 

specified in paragraphs (b)(6)(lii) and 

(b)(6)(iv) of this section, or 

(C) Calibrate the instrument with a 

different reference compound or mixture 

(i.e., one of the VHAP, a VOC other than 

methane, or the process stream mixture) 

so that the instrument has a response 

factor for 90 percent of the VHAP or for 

the process stream less than 3. 

(v) The process stream average 

response factor shall be calculated as 

follows: 

7. (%Q) (RFC1) 

1 =1 

RF...*** 

n 

2 (%CJ 

1=1 

Where: 

RF.», = Weighted average response factor. 

%C, = Molar fraction, or volume percent if in 

gaseous form, of organic compound i in 

the process stream. 
P.19 

9332 Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

RFd = Response factor of the instrument for 

organic compound i at 500 ppm. 

(c) When equipment is tested for 

compliance as required in § XX.X2-3(i), 

§ XX.X2-4, and § XX.X2-ll(f), the test 

shall comply with the following 

requirements: 

(1) The requirements of paragraphs 

(b)(1) through (4) of this section shall 

apply. 

(2) The background level shall be 

determined, as set forth in Reference 

Method 21, 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 Reference 

Method 21, 40 CFR part 60. 

(4) The arithmetic difference between 

the maximum concentration indicated 

by the instrument and the background 

level is compared with 500 ppm for 

determining compliance. 

(d)(1) Each piece of equipment within 

a process unit that can reasonably be 

expected to contain equipment in VHAP 

service is presumed to be in VHAP 

service unless an owner or operator 

demonstrates that the piece of 

equipment is not in VHAP service. For a 

piece of equipment to be considered not 

in VHAP service, it must be determined 

that the percent VHAP content can be 

reasonably expected not to exceed 5 

percent by weight during the calendar 

year. For purposes of determining the 

percent VHAP content of the process 

fluid that is contained in or contacts 

equipment Method 18 shall be used. 

(2)(i) An owner or operator may use 

good engineering judgment rather than, 

the procedures in paragraph (d)(1) of 

this section to determine that the 

percent VHAP content does not exceed 

5 percent by weight. When an owner or 

operator and the Administrator do not 

agree on whether a piece of equipment, 

is not in VHAP service, however, the 

procedures in paragraph (d)(1) of this 

section shall be used to resolve the 

disagreement. 

(ii) Conversely, the owner or operator 

may determine that the VHAP content 

of the process fluid does not exceed 5 

percent by weight by,-for example, 

accounting for 98 percent of the content 

and showing that VHAP is less than 3 

percent. 

(3) If an owner or operator determines 

that a piece of equipment is in VHAP 

service, the determination can be 

revised after following the procedures in 

paragraph (d)(1) of this section, or by 

documenting that a change in the 

process or raw materials no longer 

causes the equipment to be in VHAP 

service. 

(4) Samples used in determining the 

percent VHAP content shall be 

representative of the process fluid that 

is contained in or contacts the 

equipment. 

(e) Reference rhethods used in 

determining compliance with flares are 

those required in §> 60.18. 

(f) The following procedures shall be 

used to pressure test batch productprocess equipment using a gas (e.g., air 

or nitrogen) to demonstrate compliance 

with the requirements of § XX.X4-

2(b](3)(i). 

(1) The batch product-process 

equipment train shall be pressurized 

with a gas to the operating pressure of 

the equipment. The equipment shall not 

be tested at a pressure greater than the 

pressure setting of the lowest relief 

valve setting. 

(2) Once the test pressure is obtained, 

the gas source shall be shut off. 

(3) The test shall continue for not less 

than 15 minutes unless it can be 

determined in a shorter period of time 

that the allowable rate of pressure drop 

was exceeded. The pressure in the batch 

product-process equipment shall be 

measured after the gas source is shut off 

and at the end of the test period. The 

rate of change in pressure in the batch 

product-process equipment shall be 

calculated using the following equation: 

P (P,-PJ 

4 — = 

t (tf-tj 

where: 

= change in pressure, psig/hr 

P, = final pressure, psig 

P, = initial pressure, psig > 

tf — ti = elapsed time, hours 

(4) The pressure shall be measured 

using a pressure measurement device 

(gauge, manometer, or equivalent) which 

has a precision of ±2.5 mm Hg in the 

range of test pressure and is capable of 

measuring pressures up to the relief set 

pressure of the pressure relief device. 

(g) The following procedures shall be ' 

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

demonstrate compliance with the 

requirements of § XX.X4-2(b)(3)(ii). ' 

(1) The batch product-process 

equipment train, or section of the train, 

shall be filled with the test liquid (e.g., 

water, alcohol). Once the equipment is 

filled, the liquid source shall be shut off. 

(2) The test shall be conducted for a 

period of at least 60 minutes, unless it 

can be determined in a shorter period of 

time that the test is a failure. 

(3) Each seal in the equipment being 

tested shall be inspected for indications 

of liquid dripping or other indications of 

fluid loss. If there are any indications of 

liquids dripping or of fluid loss, a leak \p 

detected. 

Section XX.X6 Recordkeeping 

Requirements 

(a) An owner or operator of more than 

one process unit subject to the 

provisions of this subpart may comply 

with the recordkeeping requirements for 

these process units in one recordkeeping 

system if the system identifies each 

record by process unit and the program 

being implemented (e.g., quarterly 

monitoring, quality improvement) for 

each type of equipment. All records and 

information required by this section 

shall be maintained in a manner that 

can be readily accessed at the plant site. 

This could include physically locating 

the records at the plant site or accessing 

the records from a central location by 

computer at the plant site. 

(b) Except as provided in paragraphs 

(f) and (g) of this section, the following 

information pertaining to all equipment 

in each process unit subject to the ' 

requirements in § XX.X2-1 to § XX.X2-

13 shall be recorded: 

(l)(i) A list of identification numbers 

for equipment (except connectors 

exempt from monitoring and 

recordkeeping identified in § XX.X2-13 

and instrumentation systems) subject to 

the requirements of this subpart and a 

site layout showing the relative location 

of the equipment in the process unit 

Connectors need not be individually 

identified if all Connectors in a ' 

designated area or length of pipe subject 

to the provisions of this subpart are 

identified as a group, and the number of 

connectors subject is indicated. 

(ii) A table listing the monitoring 

frequency and other provisions of this 

subpart that are being implemented for 

each item of equipment. 

(iii) Physical tagging of the equipment 

to indicate that it is in VHAP service is. 

not required. Equipment subject to the 

provisions of this subpart may be 

identified on a plant site plan, in log 

entries, or by other appropriate 

methods. 

(2)(i) A list of identification numbers 

for compressors that the owner or 

operator elects to designate as operating 

with an instrument reading of less than 

500 ppm above background, under the 

provisions of XX.X2-3(i). 

(ii) The designation of this equipment 

as subject to the requirements of 

§ XX.X2-3(i) shall be signed by the 

owner or operator. 
P.20 

Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

(3) A list of equipment identification 

numbers for pressure relief devices 

required to comply with § XX.X2-4(a). 

(4)(i) The dates and results of each 

compliance test required in § XX.X2-3(i) 

and XX.X2-4. 

(ii) The background level measured 

during each compliance test. 

(iii) The maximum instrument reading 

measured at each piece of equipment 

during each compliance test. 

(5) A list of identification numbers for 

equipment in vacuum service. 

(6) Instrumentation system 

identification. Individual components in 

the instrumentation system need not be 

identified. 

(7) A list of identification numbers for 

equipment in VHAP service less than 

300 hours per year within a process unit 

subject to the provisions of this subpart 

under § XX.XO. 

(8)(i) Identification, either by list, 

location (area or grouping), or tagging of 

connectors disturbed since the last 

monitoring period required in § XX.2r13(b), as described in § XX.X2-l3(c). 

(ii) The date and results of followup 

monitoring as required in § XX.X2-13(c). 

If identification of disturbed connectors 

is made by location, then all connectors 

within the designated location shall be 

monitored. 

(9) A list of reconfigured equipment in 

batch product process units since the 

last monitoring period required in 

i XX.X4-2(c)(3)(iiHiv), as described in 

§ XX.X4-2(c)(3)(i). 

(10) A list of valves removed from and 

added to the process unit, as considered 

in § XX.X2-7(e)(l), and a list of 

connectors removed from and added to 

the process unit, as considered in 

§ XX.X2-13(i)(l). This is not required 

unless the net credits for removed 

valves and connectors are expected to 

be used. 

(11) Documentation of process stream 

composition as required in 

§ XX.X5(b)(6)(ii). 

(12) Identification of screwed 

connectors subject to the requirements 

of § XX.X2-l3(c)(2). Identification can be 

by area or grouping as long as the total 

number within each group or area is 

recorded. 

(13) Identification of welded 

connectors monitored or tested as 

required in § XX.X2-13(b)(4), the date of 

the weld, and the date of monitoring or 

testing. 

(c) When each leak is detected as 

specified in § XX.X2-2, § XX.X2-3, 

§ XX.X2-7, § XX.X2-8, § XX.X2-11, 

§ XX.X2-12, and § XX.X2-13, the 

following requirements apply: 

(1) A weatherproof and readily visible 

identification, marked with the 

equipment identification number, shall 

be attached to the leaking equipment 

(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 successfully 

repaired or determined to be 

nonrepairable. 

(5) "Repair delayed" and the reason 

for the delay if a leak is not repaired 

within 15 calendar days after discovery 

of the leak. If delay of repair was cause 

by depletion of stocked parts, there must 

be documentation that the spare parts 

were sufficiently stocked before 

depletion and the reason for depletion. 

(6) The signature of the owner or 

operator (or designate) whose decision 

it was that repair could not be effected 

without a process unit shutdown. 

(7) The expected date of successful 

repair of the leak if a leak is not 

repaired within 15 calendar days. 

(8) Dates of process unit shutdowns 

that occur while the equipment is 

unrepaired. 

(9) The date of successful repair of the 

leak. 

(e) The following information shall be 

recorded for each process unit subject to 

the requirements of § XX.X2-2 to 

§ XX.X2-13: 

(1) A schedule of monitoring for 

valves and for connectors. 

(2) The number of leaking pumps, the 

total number of pumps, and the percent 

leaking pumps during each monitoring 

period. 

(3) The number of leaking valves, the 

total number of valves, all net credits for 

removed valves (only if credits are 

taken), the number of nonrepairable 

valves, and the percent leaking valves 

during each monitoring period. 

(4) The number of leaking connectors, 

the total number of monitored 

connectors, all net credits for removed 

connectors (only if credits are taken), 

the number of nonrepairable connectors, 

and the percent leaking connectors 

during each monitoring period. The 

number of leaking screwed connectors, 

the total number of monitored screwed 

connectors, and the percent leaking 

screwed connectors during each 

monitoring period. 

(5) The dates and durations of 

(i) startups and shutdowns of a 

process unit, and 

(ii) any unscheduled work practice or 

operational procedure that stops 

production from a process unit or part or" 

a process unit that is not defined as a 

process unit shutdown. If the duration 

exceeds 24 hours, the calculations used 

in determining that emissions from 

clearing process material from the 

process unit or part of the process unit 

would exceed emissions from delay of 

repair of leaking components until the 

next scheduled shutdown shall bo 

recorded. The calculation shall assume 

that the purged material is collected and 

destroyed or recovered in a control 

device complying with § XX.X2-11. 

(f) The owner or operator of a batch 

product process who elects to pressure 

test the batch product process 

equipment train to demonstrate 

compliance with this subpart is exempt 

from the requirements of paragraphs (b), 

(c), (d), (e), (i), and (m) of this section. 

Instead, the owner or operator shall 

maintain records of the following 

information: 

(1) A list of identification numbers for 

each batch product process equipment 

train used to produce producto during 

the calendar year and the area of the 

plant site where the equipment train is 

located. 

(2) Records demonstrating the 

equipment is in use in a batch process 

during the calendar year. Examples of 

suitable documentation are records of 

time in use for individual pieces of 

equipment or average time In use for the 

process unit. 

(3) Physical tagging of the equipment 

to identify that it is in VHAP service and 

subject to the provisions of this subpart 

is not required. Equipment in a batch 

product process subject to the 

provisions of this subpart may be 

identified on a plant site plan, in log 

entries, or by other appropriate 

methods. 

(4) The dates of each pressure test 

required in § XX.X4-2(b), the test 

pressure, and the pressure drop 

observed during the test. 

(5) Records of any visible, audible, or 

olfactory evidence of fluid loss. 

(g) When a batch product process 

equipment train does not pass 2 
P.21 

9334 Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 

consecutive pressure tests, the following 

information shall be recorded in a log 

and kept for 2 years: 

(1) Tne date of each pressure test and 

the date of each leak repair attempt. 

(2) Repair methods applied in each 

attempt to repair the leak. 

(3) The reason for the delay of repair. 

(4) The expected date for delivery of 

the replacement equipment and the 

actual date of delivery of the 

replacement equipment 

(5) The date of successful repair, 

(h) The following information 

pertaining to the design requirements for 

closed-vent systems and control devices 

described in § XX.X2-11 shall be 

recorded: 

(1) Detailed schematics, design 

specifications, and piping and 

instrumentation diagrams. 

(2) The dates and descriptions of any 

changes in the design specifications. 

(3) A description of the parameter or 

parameters monitored, as required in 

§ XX.X2-ll(e), to ensure that control 

devices are operated and maintained in 

conformance with their design and an 

explanation of why that parameter (or 

parameters) was selected for the 

monitoring. 

(4) Dates and durations when the 

closed-vent 'systems and control devices 

required in § XX.X2-2, § XX.X2-3, 

§ XX.X2-4, § XX.X2-5, and § XX.X2-9 

are not operated as designed as 

indicated by the monitored parameters, 

including periods when a flare pilot light 

system does not have a flame. 

(5) Dates and durations during which 

the monitoring system or monitoring 

device is inoperative. 

(6) Dates and durations of startups 

and shutdowns of the closed-vent 

systems and control devices required in 

§ XX.X2-2, § XX.X2-3, § XX.X2-4, 

§ XX.X2-5, and § XX.X2-9. 

(i) The following information 

pertaining to all valves subject to the 

requirements of § XX.X2-7(h) and (i) 

and all connectors subject to the 

requirements of § XX.X2-l3(f), (g), and 

(h) shall be recorded: 

(1) A list of identification numbers for 

vaives and connectors that are 

designated as unsafe to monitor, an 

explanation for each valve and 

connector stating why the valve or 

connector is unsafe to monitor, and the 

plan for monitoring each valve and 

connector. 

(2) A list of identification numbers for 

valves that are designated as difficult to 

monitor, an explanation for each valve 

stating why the valve is difficult to 

monitor, and the planned schedule for 

monitoring each valve. 

(3) A list of identification numbers for 

connectors that are designated as 

unsafe to repair and an explanation for 

each connector stating why the 

connector is unsafe to repair. 

(j) The following information shall be 

recorded: 

(1) Design criterion required in 

§ XX.X2-2(e)(5) and § XX.X2-3(e)(2) and 

an explanation of the design criterion; 

and 

(2) Any changes to this criterion and 

the reasons for the changes. 

(k) Information, data, and analysis 

used to determine that a piece of 

equipment or process unit is in heavy 

liquid service or is not in VHAP service 

shall be recorded. Such a determination 

shall include an analysis or 

demonstration that the feed or raw 

materials, products, by-products, coproducts, or intermediates do not 

include sufficient chemicals listed in 

§ XX.X8-1 to meet the criteria of "in 

VHAP service". Examples of 

information that could document this 

include, but are not limited to, records of 

chemicals purchased for the process, 

analyses of process stream composition, 

engineering calculations, or process 

knowledge. 

(1) The date and duration of each 

process unit startup and shutdown shall 

be recorded. 

(m) Each owner or operator of an 

affected process unit subject to the 

requirements of § XX.X3-1 and 

§ XX.X3-2 shall maintain the following 

records for the period of the QIP for the 

affected process unit: 

(1) For owners or operators who elect 

to use a reasonable further progress QEP, 

as specified in § XX.X3-l(d): 

(i) All data required in § XX.X3-

1(d)(2). 

(ii) The percent 'leaking valves 

observed each quarter and the rolling 

average percent reduction observed in 

each quarter. 

(iii) The beginning and ending dates 

while meeting the requirements of 

§ XX.X3-l(d). 

(2) For owners or operators who elect 

to use a technology review and 

improvement QIP, as specified in 

§ XX.X3-l(e): 

(i) All data required in § XX.X3-

1(e)(2). 

(ii) The percent leaking valves 

observed each quarter. 

(iii) Documentation of all inspections 

conducted under the requirements of 

§ XX.X3-l(e)(4) and any 

recommendations for design or 

specification changes to reduce leak 

frequency. 

(iv) The beginning and ending dates 

while meeting the requirements of 

§ XX.X3-l(e). 

(3) For owners or operators subject to 

the requirements of the pump QIP as 

specified in § XX.X3-2: 

(i) All data required in § XX.X3-

2(d)(2). 

(ii) The rolling average percent 

leaking pumps. 

(iii) Documentation of all inspections 

conducted under the requirements of 

§XX.X3-2 (d)(4) and any 

recommendations for design or 

specification changes to reduce leak 

frequency. 

(iv) The beginning and ending dates 

while meeting the requirements of 

§ XX.lX3-2(d). 

(4) If a leak is not repaired within 15 

calendar days after discovery of the 

leak, the reason for the delay and the 

expected date of successful repair. 

(5) Records of all analyses required in 

§ XX.X3-l(e) and § XX.X3-2(d). The 

records will include the following: 

(i) A list identifying areas associated 

with poorer than average performance 

and the associated service 

characteristics of the stream, the 

operating conditions and maintenance 

practices. 

(ii) The reasons for rejecting specific 

candidate superior emission performing 

valve or pump technology from 

performance trials. 

(iii) The list of candidate superior 

emission performing valve or pump 

technologies, and documentation of the 

performance trial program items 

required under § XX.X3-l(e) (6) (iii) and 

§ XX.X3-2(d) (6) (iii). 

(iv) The beginning date and duration 

of performance trials of each candidate 

superior emission performing 

technology. 

(6) All records documenting the 

quality assurance program for valves or 

pumps as specified in § XX.X3-l(e) (7) 

and § XX.X3-2(d){7). 

(7).Records indicating that all valves 

or pumps replaced or modified during 

the period of the QIP are in compliance 

with the quality assurance requirements 

in § XX.X3-l(e)(7) and § XX.X3-2(d)(7). 

(8) Records documenting compliance 

with the 20 percent or greater annual 

replacement rate for pumps as specified 

in § XX.X3-2(d)(8). 

(9) Information and data to show the 

corporation has fewer than 100 

employees, including employees 

providing professional and technical * 

contracted services. 

(n) Owners and operators choosing to 

comply with the requirements of § XX.4-

3 shall maintain the following records: 

(1) Identification of the process unit(s) 

and the VHAPs they handle. 

(2) A schematic of the process unit, 

enclosure, and closed vent system. 
P.22 

Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9335 

(3) A description of the system used to 

create a negative pressure in the 

enclosure to ensure that all emissions 

are routed to the control device. 

(o) The provisions of § 61.14(f) do not 

apply to process units subject to this 

subpart. 

(Approved by the Office of Management 

and Budget under control number 

-) 

Section XX.X7 Reporting Requirements 

(a)(1) An owner or operator of a 

process unit subject to the provisions of 

this subpart shall submit a statement in 

writing so notifying the Administrator. 

(2) In the case of an existing process 

unit or a new process unit which has an 

initial startup date preceding the 

effective date, the statement is to be 

submitted within 90 calendar days of the 

applicability dates specified in 

§ XX.X0(b), unless a waiver of 

compliance is granted under § 61.11, 

along with the information required 

under § 61.10. If a waiver of compliance 

is granted, the statement is to be 

submitted on a date scheduled by the 

Administrator. 

(3) In the case of new process units 

which did not have an initial startup 

date preceding the effective date, the 

statement shall be submitted with the 

application for approval of construction 

or reconstruction as described in § 61.07. 

(4) The statement is to contain the 

following information for each process 

unit, except as provided in paragraph (b) 

(5) of this section: 

(i) Process unit identification. 

(ii) Number of each equipment type 

(e.g., valves, pumps) excluding 

equipment in vacuum service, 

(iii) Method of compliance with the 

standard (for example, "monthly leak 

detection and repair" or "equipped with 

dual mechanical seals"). 

(iv) Planned schedule for each phase 

of the requirements of this subpart. 

(5) The statement is to contain the 

following information for each process 

unit subject to the requirements in 

§ XX.X4-2(b): 

(i) Batch product process equipment 

train identification, and 

(ii) Planned schedule for pressure 

testing the batch product process 

equipment train. 

(b) Except as provided in paragraph 

(c) of this section, a report shall be 

submitted to the Administrator 

semiannually starting 6 months after the 

initial report required in paragraph (a) of 

this section, that includes the following 

information, as applicable: 

(1) Process unit identification, 

frequency of monitoring, and specific 

provisions of this subpart being 

implemented. 

(2) For each monitoring period during 

the semiannual reporting period, 

(i) The number of valves for which 

leaks were detected as described in 

§ XX.X2-7(b), the percent leakers, and 

the total number of valves monitored; 

(ii) The number of valves for which 

leaks were not repaired as required in 

§ XX.X2-7(f), identifying the number of 

those that are determined 

nonrepairable. 

(iii) The number of pump3 for which 

leaks were detected as described in 

§ XX.X2-2(b), the percent leakers, and 

the total number of pumps monitored. 

(iv) The number of pumps for which 

leaks were not repaired as required in 

§ XX.X2-2(c). 

(v) The number of compressors for 

which leaks were detected as described 

in § XX.X2-3(f). 

(vi) The number of compressors for 

which leaks were not repaired as 

required in § XX.X2-3(g). 

(vii) The number of connectors for 

which leaks were detected as described 

in § XX.X2-13(a), the percent of 

connectors leaking, and the total 

number of connectors monitored. 

(viii) The number of screwed 

connectors for which leaks were 

detected as described in § XX.X2-l3(a), 

the percent of screwed connectors 

leaking, and the total number of 

screwed connectors monitored. 

(ix) The number of connectors for 

which leaks were not repaired as 

required in § XX.X2-13(d), identifying 

the number of those that are determined 

nonrepairable. 

(x) The number of screwed connectors 

for which leaks were not repaired as 

required in § XX.X2-13(d). 

(xi) The number of agitators for which 

leaks were detected as described in 

§ XX.X2-12(b). 

(xii) The number of agitators for 

which leaks were not repaired as 

required in § XX.X2-12(c). 

(xiii) The facts that explain any delay 

of repairs and, where appropriate, why 

a process unit shutdown was technically 

infeasible. ' 

(3) Dates and durations of process 

unit, control device, or monitoring 

device startups or shutdowns which 

occurred within the semiannual 

reporting period. 

(4) Revisions to items reported 

according to paragraph (a) of this 

section if changes have occurred since 

the initial report or subsequent revisions 

to the initial report. 

Note: Compliance with the requirements of 

§ 81.10(c) is not required for revisions 

documented under this paragraph. 

(5) The results of all performance tests 

to determine compliance with § XX.X2-

3(i). § XX.X2^4(a), and § XXJC2-ll(f) 

conducted within the semiannual 

reporting period. 

(6) The initiation of a monthly 

monitoring program under § XX.X2-

7(d)(l)(i), or a QIP under either 5 XX.X3-

1 or § XX.X3-2, whichever is applicable. 

(7) Notification of the Administrator 

of a change in connector monitoring 

alternatives as described in § XX.X2-

13(c)(1). 

(c) For owners or operators electing to 

meet the requirements of § XX.X4-2(b), 

a report shall be submitted to the 

Administrator semiannually starting 8 

months after the initial report required 

in paragraph (a) of this section. The 

semiannual report shall include the 

following information: 

(1) Batch product process equipment 

train identification, 

(2) The number of pressure tests 

conducted, 

(3) The number of pressure tests 

where the equipment train failed the 

pressure test, 

(4) The facts that explain any delay of 

repairs, and 

(5) The results of all performance tests 

to determine compliance with § XX.X2-

«(f). 

(d) An application for approval of 

construction or reconstruction, § 61.05(a) 

and § 61.07, will not be required if 

(1) The new process unit complies 

with the applicable standard in § XX.X2 

or § XXJC4-2; and 

(2) In the next semiannual report 

required by paragraph (b) of this 

section, the information in paragraph (a) 

(4) of this section is reported. 

(e) An owner or operator of a process 

unit required to comply with § XX.X2-

7(d) (1) shall notify the Administrator 

within 30 calendar days of initiating the 

monthly monitoring program under 

§ XX.X2-7(d) (I) (i) or a QIP under 

8 XX.X3-1. 

(f) An owner or operator of a process 

unit required to comply with § XX.X2-

2(d) (2) shall notify the Administrator 

within 30 calendar days of initiating a 

QIP under § XX.X3-2. 

(g) If acceptable to both the 

Administrator and the owner or 

operator of the process unit, the reports 

may be submitted on electronic media. 

(Approved by the Office of Management and 

Budget under control number .) 

Section XX.X8-I List of Volatile 

Hazardous Air Pollutants. 

Chemical name 

Acetaldehyde.. 

Acetamide 

Acetonitrile 

Acetophenone 

2-Acetylamlncfluorine.. 

CAS Now 

75070 

60355 

75058 

98862 

53963 
P.23 

9336 - Federail Register / Vol. 56, No. 44 / Wednesday, March 6,. 1991 / Proposed Rules 

mil——awnm—Mllia^Ma— — i^^MaiMawai —•i—iiMi^iB—Nair n ••!!! aMMi^iMaiiBMiaBM—MaiaiiiiiiaiiaillMlli^^i^W'M*—Ml—a«a*»l***— 

Chemical name 

Acrolein •„—.„. . 

Acrylsmide._..._ 

Acrylic acid . 

"Acrylonitrile 

Ally! chloride ..... 

4-Aminobiphenyl 

Aniline.... 

o-Anlsidine 

Benzene 

Benzidine... 

Benzotrichloride 

Benzyl chloride.-

Biphenyl. 

Bis(ethylhexyl)phthalate (DEHP) :. 

Bls(chloromethyl) ether _ _ 

Bromoform ..... 

1,3-Butadiene....: - ... 

Caprolactam _„ _ 

Carbon disulfide . 

Cartx>n tetrachloride . . _ 

Carbonyl sulfide ...... 

Catechol _ 

Chloroacetic acid 

2-CMoroacetophenone 

Chlorobenzene . 

Chloroform 

Chloromethyl methyl ether. 

Chloroprene _ 

Cresols/Cresylic acid (isomers and mixture) „ 

Cresols/Cresylic acid (Isomers and mixture).......... 

Cresols/Cresylic acid (isomers and mixCresols/Cresylic add (isomers and mixture) _. „ „ 

Cumene .'. _ 

2,4-D, salts and esters _ 

DDE 

Diazomethane 

Dibenzofurans _. 

1,2-Dibromo-3-chloropropane— 

Dibutylphthalate _ 

1,4-Dichlorobenzene (p) 

3,3-Dichlorobenzidene 

Dichloroethyl ether (bis(2-

chloroethyt)ether) „ 

1,3-Dichloropropene „ 

Diethanolamine 

N,N-Diethy1 aniline (N,N-Oimethylaniline).. 

Diethyl sulfate _ _ 

3,3'-Dimethaxybenzidine _ 

Dimethyl aminoazobenzene 

3,3'-Dimethyl benzidine 

Dimethyl carbamoyl chloride 

Dimethyl formamlde 

1,1-Dimethyt hydrazine... 

Dimethyl phthalate 

Dimethyl sulfate 

4,6-Dinitro-o-cresol, and salts 

2,4-Dinitrophenol _ 

2,4-Dinitrotoluene 

1,4-Dioxane (1.4-Dlethyleneoxide) 

1,2-Dlphenylhydrazine _ 

Epichlorohydrin (1-Chloro-2,3-epoxypropane).... 

1,2-Epoxybutane.. 

Ethyl acrylate 

Ethyl benzene.. 

Ethyl carbamate (Urethane) 

Ethyl chloride (Chloroethane) 

Ethylene dibromide (Dibromoethane) 

Ethylene dichloride (1,2-Dichloroethane).. 

Ethylene glycol -

Ethylene oxide... 

Ethylene thiourea..- _ 

Ethylidene dichloride (l,l-Dichloroethane). 

Formaldehyde.. 

Glycol ethersa 

Hexachiorobenzene 

Hexachlorobutadiene 

Hexachloroethane.. 

CAS No. 

.. 107028 

79061 

79107 

107131 

107051 

92671 

62533 

90040 

71432 

92875 

98077 

100447 

92524 

117817 

542881 

75252 

106990 

105602 

75150 

56235 

463581 

120809 

79118 

532274 

108907 

67663 

107302 

126998 

319773 

95487 

108394 

106445 

98828 

94757 

3547044 

334883 

132649 

96128 

64742 

106467 

91941 

111444 

542756 

111422 

121697 

64675 

119904 

60117 

119937'• 

79447 

68122 

57147 

131113 

77781 

534521 

51285 

121142 

123911 

122667 

106898 

106887 

140885 

100414 

. 51796 

75003 

108934 

107062 

107211 

75218 

. 96457 

75343 

50000 

0 

118741 

87683 

67721 

Chemical name 

Hexamethylerie-I, 6-diisocyanate. :. 

Hexamethylphosphoramlde -

Hexane : -. 

Hydrazine.- : 

Hydroquinone 

Isophorone — 

Malelc anhydride : ...... 

Methanol... _._ 

Methyl bromide (Bromomethane) 

Methyl chloride (Chloromethane) 

Methyl chloroform (1,1,1-Trichloroethane) - _ 

Methyl ethyl ketone (2-Butanone) 

Methyl hydrazine : :. 

Methyl iodide (lodomethane) 

Methyl isobutyt ketone (Hexons) 

Methyl isocyanate. ...... 

Methyl methacrylate.... .'.—...: 

Methyl tert butyl ether :.. 

4,4-Methylene bis(2-chloroaniline).._ 

Methylene chloride (Dichloromethane) 

Methylene dlphenyl diisocyanate (MDI) .... 

4,4'-Methylenedianiline 

Naphthalene 

Nitrobenzene 

4-Nitroblphenyl — 

4-Nitrophenol 

4-Nitropropane •. 

N-Nitroso-N-methylurea.. 

N-Nitrosodimethylamine...:. 

N-Nitrosomorpholine...-

Phenol.- .....:...'. „ 

p-Phenylenedlamlne -

Phosgene ..... 

Phthalic anhydride „....-

Polychlorinated biphenyls (Aroclors) 

1,3-Propane sultone 

beta-Propiolactone 

Propionaldehyde 

Propoxur (Baygon) 

Propylene dichloride (1,2-Dichloropropane) 

Propylene oxide 

1,2-Propylenimine (2-Methyl aziridine) 

Quinone 

Styrene 

Styrene oxide 

2,3.7,8-Tetrachlorodibenzo-p-dioxin 

1,1,2,2-Tetrachloroethane 

Tetrachloroethylene (Perchloroethylene). 

Toluene 

2,4-Toluene diamine ..... 

2,4-Toluene diisocyanate 

o-Toluidine 

1,2,4-Trichlorobenzehe 

1.1,2-Trichloroethane ....: 

Trichloroethylene 

2,4,5-Trichlorophenol 

2,4,6-Trichlorophenol 

Triethylamine _ - „ 

Trlfluralln 

2,2.4-Trimethytpentane.........— 

Vinyl acetate 

Vinyl bromide _ 

Vinyl chloride „ 

Vmylidene chloride (1.1-Dichloroethylene) „._. -

Xylenes (isomers and mixture). 

xylenes (Isomers and mixture).._ 

xylenes (isomers and mixture) -

Xylenes (isomers and mixture) 

CAS No; 

822060 

680319 

110543 

302012 

123319 

78591 

108318 

67561 

74839 

74873 

71556 

78933 

60344 

74884 

108101 

624839 

80626 

1634044 

101144 

75092 

101688 

101779 

91203 

98953 

92933 

100027 

79469 

684935 

62759 

59892 

108952 

106503 

75445 

65449 

1336363 

1120714 

57578 

123386 

114261 

78875 

75569 

75558 

106514 

"100425 

96093 

1746016 

79345 

127184 

108883. 

95807 

584849: 

95534 

120821 

79005 

79016 

95954. 

83062 

121448 

1582098 

540841 

108054 

593602 

75014 

75354 

1330207 

95476 

108383 

106423 

Section XX.X8-2 List of Hazardous 

Organic Chemical Production Processes. 

The provisions of this subpart apply 

to production processes that make the . 

following chemicals:' 

CAS No. Chemical Name 

GROUP I 

121733.— 

67641 ........ 

75058 -

98862 

79061 

107131_.: 

111693..... 

107186 

123308.— 

62533 

103333.-

71432 

98486 

98113 

92875 

119619 

92524 

542881 „... 

10861 ..I.-

II 0634.— 

96480 

56235 

532274 

95512 

108907 

25497294.. 

67663 

88733 

100005. 

80159.. 

98828.. 

110827... 

108930.-

'108941 ... 

110838... 

95761 

106467... 

541731... 

.95501 

1331471. 

107062... 

111444 „. 

75718.... 

111422. 

111466. 

112732. 

112367. 

111966.. 

124174. 

.124177. 

112345 

112152 

111900.— 

1 :ChlQro-3-nitrobenzene 

Acetone . 

Acetonitrile ' 

Acetophenone 

Acrylamide 

Acrylonitrile 

Adiponitrile 

Ally! alcohol 

Aminophenol (p-isomer) 

Aniline 

Azobenzene 

Benzene 

Benzenedisulfonic acid 

Benzenesulfonic acid 

Benzidine 

Benzophenone (POM)' 

Biphenyl 

Bis(Chloromethyf)Ether 

Bromobenzene 

Butanediol (1,4-isomer) 

Butyrolacetone 

Carbon tetrachloride 

Chloroacetophone (2-

isomer) 

Chloroaniline (o-isomer) 

Chlorobenzene 

Chlorodifluoromethane 

Chloroform 

CWoronitrobenzene (oisomer) 

Chloronitrobenzene (pisomer) 

Cumene hydroperoxide 

Cumene (isopropyl 

benzene) 

Cyclohexane 

Cyclohexanol 

Cyclohexanone 

Cyclohexene 

Dichloroaniline (all 

isomers) 

Dichlorobenzene (1,4-

Isomer) (PDB) 

Dichlorobenzene (misomer) 

Dichlorobenzene (oisomer) 

Dichlorobenzldine (3,3-

isomer) 

Dichloroethane (1,2-

isomer) (EDC) 

Dichloroethyl ether 

(bis(2-

chloroethyl)ether) 

Dichlorodifluoromethans 

Diethanolamine 

Diettiylene glycol 

Diethylene Glycol Dibutyl 

Ether 

Diethylene glycol diethyl 

ether (glycol ether) 

Diethylene glycol 

dimethyl ether (glycol 

ether) 

Diethylene Glycol 

Monobutyl Ether 

Acetate 

Diethylene glycol 

monobutyl ether 

acetate (glycol ether) 

Diethylene glycol 

monobutyl ether 

(glycol ether) 

Diethylene glycol 

monbethyl ether 

acetate (glycol ether) 

Diethylene glycol 

monoethyl ether 

(glycol ether) ••••• • 
P.24 

Federal Register / Vol. 56, No. 44 / Wednesday, March 6, 1991 / Proposed Rules 9337 

CAS No. 

111773 

77781 

108010 

25154545 

123911 

646060 

101815 ..... 

101848 

25265718 i. 

121013 

106898. 

141435 

100414 

96491 

106934 

107211 „ 

111557 

6299141 

110714 

112072 __ 

111762 

11159 

110805 

110496 

_^ 

109864 

122996 ^ 

2807309-. 

75218 „ 

50000 : 

110178 

100970. _ 

123319 

75310 

123013 ; 

110167 

108316. „ 

123331 „ 

6915157-

121471 

63683 

75092 

101779 

98839 

110918 _ 

88744 

100016 

88953. 

111660 

8002817 

115775 

Chemical Name 

Diethylene glycol 

monomethyl ether 

(glycol ether) 

Dimethyl sulfate 

Dimethytaminoethanol 

(2-isomer) 

Dlnitrobenzenes ' 

Dioxane (1,4-

Diethyteneoxide) 

Dloxilane 

Diphenyl Methane 

Dlphenyl oxide (POM) 

Dipropylene glycol 

Dodecylbenzene (itIsomer) 

Epichlorohydrln(1 Chloro2,3-epoxypropane) 

Ethanolamines (all 

isomers) 

Ethyl benzene 

Ethylene carbonate 

Ethylene dibromlde 

(Dibromoethane) 

(EDB) 

Ethylene glycol 

Ethylene glycol diacetate 

Ethylene Glycol Diethyl 

Ether 

Ethylene glycol dimethyl 

ether (glycol ether) 

Ethylene glycol 

monobutyl ether 

acetate (glycol ether) 

Ethylene glycol 

monobutyl ether 

(glycol ether) 

Ethylene glycol 

monoethyl ether 

acetate (glycol ether) 

Ethylene glycol 

monoethyl ether 

(glycol ether) 

Ethylene glycol 

monomethyl ether 

acetate (glycol ether) 

Ethylene glycol 

monomethyl ether 

(glycol ether) 

Ethylene glycol 

monophenyl ether 

(glycol ether) 

Ethylene glycol 

monopropyt ether 

(glycol ether) 

Ethylene oxide 

Formaldehyde 

Fumaric acid 

Hexamethytenetetramlne 

Hydroquinone 

Isopropylamine 

Linear alkytbenzene 

(linear 

dodecylbenzene) 

Malelc acid 

Malelc anhydride 

Malelc Hydrazlde 

Malic acid 

Methionine 

Methylene Chloride 

(Dichloromethane) 

Methylene dlaniline (4,4-

teomer) (MDA) 

Methylstyrene (a-lsomer) 

Morpholine 

Nltroaniline (o-isomet) 

Nitroaniline (p-teomer) 

Nitrobenzene 

Octene-1 

Paraformaldehyde 

Pentaerythritol 

CAS No. 

127184 

85545 ._ 

106503 

110850 „ -

57578 

79094 _ 

57556 . 

107982 

75569 

108463 

100425 

110156 

110612 

526830 

634902 - . 

95943 

112607 

109999 

108883 - _.. 

102821 

79016 

75694 

76131 ; . 

95954 

102716 „ 

112276 

112492 . 

112356 

77996.— 

75014..... .. . 

1330207 

95476 

106423 

Chemical Name 

Perchloroethylene 

(tetrachloroethytene) 

Phenytenedlamine (oIsomer) 

Phenytenedlamine (pisomer) 

Piperazine 

Proplolactone (b Isomer) 

Propionic acid 

Propylene glycol 

Propylene Glycol 

Monomethyl Ether 

Propylene oxide 

Resordnol 

Styrene (Vinyl Benzene) 

Succinic add 

Succlnonitrile 

Tartaric Acid 

Tetrachloro benzene 

(1,2,3,5-lsomer) 

Tetrachlorobenzene 

(1,2,4,5-lsomer) 

Tetraethylene Glycol 

Tetrahydrofuran 

Toluene 

Trichlorobenzene (1,2,4-

isomer) 

Trlchloroethylene 

Trfchlorofluoromethane 

Trichlorotrlfluoroethane 

Trlchlorophenol (2,4,5-

Isomer) 

Triethanolamine 

Triethylene glycol 

Triethylene glycol 

dimethyl ether (glycol 

ether) 

Triethylene Glycol 

Monomethyl Ether 

Trimethylopropane 

Vinyl chloride (Chloro 

Ethylene) 

Xylenes (mixtures) 

Xylenes (o-isomer) 

Xylenes (p-isomer) 

GROUP II 

75070 

107891 

60355 -.. 

1D3844 

64197— 

108247 

75365...-

111411 „ 

90040 

106990... 

123864 

71363 

109739 

107880 — __ 

123728 

107926. 

106310... 

105602 

558134 

75730 

75876 

79118. 

108429 

106478 . -

108430 

106489 

126998 _ _ .. 

75729.— 

4170300 _- . 

3724650 

372098. 

Acetaldehyde 

Acetaldol 

Acetamlde 

Acetanillde 

Acetic add 

Acetic anhydride 

Acetyl chloride 

Aminoethytethanolamlne 

Anisidine (o-isomer) 

Butadiene (1,3-isomer) 

Butyl acetate (n-isomer) 

Butyl alcohol (n-isomer) 

Butytamine (n-isomer) 

Butylene glycol (1,3-

isomer) 

Butyraldehyde (n-lsomer) 

Butyric anhydride 

Caprolactam 

Carbon tetrabromlde 

Carbon Tetrafluoride 

Chloral 

Chloroacetic add 

Chloroaniline (m-isomer) 

Chloroaniline (p-isomer) 

Chlorophenol (m-isomer) 

Chlorophenol (p-isomer) 

Chloroprene (2-Chloro1,3-Butadiene) 

Chlorotrifluoromethane 

Crotonaldehyde . 

Crotonicacid 

Cyanoacetlc acid (CN 

compound) 

CAS No. 

111784-

1552121.. 

760236... 

540590 — 

542756... 

64675 

119937. 

68122-

57147-

120616. 

141788. 

141979. 

140885. 

105395 

41892711. 

151564TM. 

107153 

104767 — 

103117 

75127 

64186 

.56815 

26545737-

25791962-

56406 

107222 — 

118741 

87683 

67721 

592450.-

124094-

107313-

98851. 

99092 

79469 

123637_ 

79210 

108998-

110894-

110861-

111206... 

127093 -

3926623. 

110441-

126330... 

100210 -

79345.-

85438— 

110601. 

95807-

684849.. 

26471625. 

95534... 

71556.. 

79005.-

108054 

100403 

75354 

Chemical Name 

Cyclooctadlene 

Cydooctadiene (1,5-

isomer) 

Dichloro-1-butene (3,4-

Isomer) 

Dichloroethylone (1,4-

Isomer) 

Dichloropropene (1,3-

isomer) 

Diethyl sulfate 

Dimethyl Benzidine (3,3-

isomer) 

Dimethyl fomtamide (NNisomer) (DMF) 

Dimethyl hydrazine (1,1-

isomer) 

Dimethyl terephthalate 

Ethyl acetate 

Ethyl acetoacetate 

Ethyl acrylate 

Ethyl Chloroacetate 

Ethyl sodium oxalacetate 

Ethylene Imine 

(Azfridine) 

Ethylenediamlne 

Ethylhexanol (2-lsomer) 

Ethylhexyt Acrylate (2-

isomer) 

Fomtamide 

Formic acid 

Glycerol 

Glycerol dichlorohydrfn 

Glycerol Wether 

Glycine 

Glyoxal 

Hexachiorobenzene 

Hexachlorobutadlene 

Hexachloroethane 

Hexadlene (1,4-isomer) 

Hexamethylenediamlne 

Methyl formate 

Methyl Phenol Caiblnot 

m-Nitroaniline 

Nitropropane 

Paraldehyde 

Peracetlc Acid 

Plcoline (b-lsomer) 

Piperadine 

Pyridine 

Sebadc Acid 

Sodium acetate 

Sodium chloroacetate 

Sorblc add 

Sulfolarie 

Terephthallc add 

Tetrachloroethane 

(1.1A2-tsomer) 

Tetrahydrophthalio 

anhydride 

Tetramethylenediamina 

Toluene 2,4 diamine 

Toluene 2,4 diisocyanate 

Toluene diisocyanate* 

(mixture) 

Toluidine (o-isomer) 

Trlchloroethane (1,1,1-

Isomer) 

Trlchloroethane (1,1,2-

Isomer) (Vinyl 

Trichloride) 

Vinyl acetate 

Vktylcyclohexene (4-

teorner) 

Vlnyiidene chloride (1,1-

Dtchloroethyleno) 

GROUP III 

102012 

124049........ _. 

1321116 

142041 — . — 

Acetoacetanllide 

Adipic acid 

Aminobenzolc add 

Aniline hydrochloride 
P.25 

9338 Federal Register /Vol. 56, No. 44 / Wednesday, March-6, 1991 • / Proposed Rules 

C AS No. 

100663. 

118923 — 

84651...: 

100527—.. 

55210—.:. 

134816 

76937 

65850 

119539 

100470 

98077 

96884 

140114 

100516 

120514 

100447 ..L. 

96873 

100469 

60057 

85687...— 

35913098-

118912 

2136814... 

1321035... 

95578 

108418— . 

95498 

106434 

108394 — 

1319773... 

95487 

106445 

108918 

1087214 -

27576041. 

120832 

101837. 

91667.. 

84662 — 

26761400.. 

131113 — 

121697 

99343-

51285-

121142.-

97392 

102089 

122394 

27193868-

103695 

578541 ...... 

99967 

121915 

25168063.. 

108430. 

100618 

108872 — 

1331222... 

101688 

108383 

99092 

91236... 

100174 

27178832.. 

108027 

88755... 

1321126.. 

88722....... 

Chemical Name 

Anisole 

Anthranilic acid 

Anthraquinone (POM). 

Benzaldehyde 

Benzamide 

Benzi! (POM) 

Benzilic acid (POM) 

Benzoic add 

Benzoin (POM) 

Benzonitrile 

Benzotrichloride 

Benzoyl chloride 

Benzyl Acetate 

Benzyl alcohol 

Benzyl benzoate (POM) 

Benzyl .chloride 

Benzyl dichloride 

Benzytamine * 

BIsphenol'A (POM) 

Butylbenzyl Phthalate 

Chlorobenzaldehyde 

Chlorobenzolc add (all 

Isomers) 

Chlorobenzotrichloride 

(all isomers) 

Chlorobenzoyl chloride 

Chlorophenol (o-isomer) 

Chlorotoluene (m-isomer) 

Chlorotoluene (o-isomer) 

Chlorotoluene (p-isomer) 

Cresol (m-isomer) 

Cresols Cresylic add 

(mixed) 

Cresols (o-isomer) 

Cresols (p-isomer) 

Cydohexylamine 

Diallyl Isophthalate 

Diaminobenzoic acid 

Dichlorophenoi (2,4-

isomer) 

Dicyclohexylamlne 

(Ciclohexylamine) 

Dtethyaniline (NNIsomer) 

Diethyl Phthalate • 

Diisodecyl phthalate 

Dimethyl Phthalate 

Dimethylaniline-N,N (N,N 

Diethylaniline) 

Dinitrobenzoic acid (3,5-

isomer) • • 

Dinitropheno) (2,4-

Isomer) 

Dinitrotoluene (2,4-

isomer) (DNT) 

Di-o-tolyguanidine 

Dlphenyl thiourea (POM) 

Diphenytamlne (POM) 

Dodecylphenol 

Ethylaniline (N-isomer) 

Ethylaniline (o-isomer) 

Hydroxybenzoic acid (p-

.. isomer). 

Isophthalic add 

Isopropylphenol -

m-Chlorophenol . 

Methytaniline (n-isomer) 

Methylcydohexane 

Methylcydohexanone 

Methylene diphenyl 

diisocyanate (MDI) 

M-Xyiene 

Nitroaniline (m-lsomer) 

Nitroanisole (o-isomer) 

Nitroanisole (p-isomer) 

Nitrobenzoic add (o-,m-, 

&p-isomers) 

Nitrophenol (4-lsomer) 

Nitrophenol (o-isomer) 

(2-Nitrophenof) 

Nitrotoluerie 

Nitrotoluene (2-isomer) 

C AS No. 

99081... 

99990 

27193288-

87865 

94702.—.. 

156434 — 

108952 

77098-. 

98679 

91407 — 

108736-

88993 — 

85449 — 

85416 

91156 — 

98511.— 

106514-

69727.— 

532321.. 

139026-

588590-

121573-

632791 „ 

117088. 

1333079. 

104154.... 

98599.-. 

634935. 

25013154.. 

25321419.. 

1300738.... 

Chemical Name 

Nitrotoluene (3-isomer) 

Nitrotoluene (4-isomer) 

Octylphenol 

Pentachloropheriol . 

Phenetidine (o-isomer) 

Phenetidine (p-isomer) 

Phenol 

Phenolphthalein 

Phenotsulfontc acids (all 

Isomers) 

Phenyl anthranilic add 

Phloroglucinol 

Phthalic Add 

Phthatic anhydride 

Phthalimide 

Phthalonitrile _ 

p-tert-Butyl Toluene 

Quinone 

Salicylic add 

Sodium benzoate 

Sodium phenate 

Stilbene 

Sulfanilic acid -

Tetrabrombphthalic 

anhydride 

Tetrachlorophthalic 

anhydride' 

Toluenesulfonamide' 

ToluenesUlfonic adds (al 

isomers) 

TolUenesulfonyl chloride 

Trichloroanillne (2,4,6-

isomer) 

Vinyl toluene 

Xylene Sulfonic Acid 

Xylidine 

GROUP IV 

91178— 

131179. 

109897. 

115106. 

75183... 

67685— 

124403. 

75003— 

107028 _ Acrolein 

79107 Acrylic acid 

107051 Allyl chloride 

109751 — AllylCyanide 

1762954 — : Ammonium.Thiocyanate 

27497514 *. Bromonaphthalene 

(POM) .. 

109740— ...'—.J Butyronitrile 

75150 - Carbon disulfide 

25586430 Chlororiaphthalene 

(POM) 

Decahydronaphthalate 

Diallyl Phthalate 

Diethylamine 

Dimethyl ether-N,N 

Dimethyl sulfide * 

Dimethyl sulfoxide 

Dimethylamine ' 

Ethyl chloride 

(Chloroethane) 

Glutaraldehyde 

Hexanetriol (1,2,6-

Isomer) 

Isophorcne 

Isopropyl acetate 

Methanol 

Methyl acetate 

Methyl acetoacetate 

Methyl bromide' 

* (Bromomethane) 

Methyl chloride 

(Chloromethane) 

Methyl Hydrazine 

Methyl isobutyl carbinol 

Methyl isobutyl ketone 

(Hexone) •*'• 

624839 - Methyl Isocyanate 

74931 — Methyl Mercaptan 

80626 ^ :.. Methyl.methacrylate . 

74895 Methylamine * 

91203.. „ Naphthalene* ••• 

85472— : : Naphthalene sulfonic 

• add (a-isomer)-(POM) 

111308. 

106694. 

78591.... 

108214. 

67561 — 

79209 — 

105453. 

74839 — 

74873 — 

60344 — 

108112. 

108101. 

CASNa ... 

, 120183 w 

', 90153 ^.— . 

135193 ..-

86577 -.,..: 

. 594423 

: 75445 — ... 

123386 

71238 -

: 540545 -

. 107108 —: — 

: 78875 

I 124414. ;_..' 

: 78002-... : 

' 119642. „ —... 

' 121448 — 

75503 .—-

933482 

i 2408379 J 

Chemical Name 

Naphthalene sulfonic <-

add (b-isomer) (POM) 

Naphthol (a-isomer) 

(POM) 

Naphthol (b-isomer) 

(POM) 

Nitronaphthalene (1-

isomer) 

Perdiloromethyl' 

mercaptan 

Phosgene . 

Propionaldehyde 

Propyl alcohol (n-isomer) 

Propyl chloride • 

Propylamine 

Propylene dichloride 

(1,2-Dichloropropane)' 

Sodium Methooxide 

Tefraethyl lead 

Tetrahydronapthalene 

(Tetralin) (POM) 

Triethylamine 

Trimethylamine

 : 

Trimethytcyclohexanol 

Trimethylcydohexanohe 

GROUP V 

10S577; 

75865.-

75252 

141322 — 

78922 

75650 

96737.—. 

13952846-

75649.—-

63252 .*. 

9004357.... 

75456..—. 

25167800-

7790945 — 

420042 .:._.. 

506774 

108805 .J— 

108770 

123422. — 

137097 

74953 — 

96231 — 

461585. 

579668. 

75376 

25167708.. 

27554263.. 

674828 

26675174.. 

122510 — 

95921 _. 

75047 

9004573 -

105566 — 

77474...— 

629118. 

74908 — 

106638. 

115117. 

463514. 

141797. 

: 79414 — 

Acetal 

Acetone cyanohydrin 

(CN compound) 

Alkyl naphthalenes (no 

CAS# assigned) 

(POM) 

Brqmoform 

Butyl acrylate (n-isomer) > 

Butyl alcohol (s-isomer) 

Butyl alcohol (t-isomer) 

Butyl benzoic acid (ptert-isomer) 

Butylamine (s-lsomer) 

Butylamine (t-isomer) 

Carbaryl 

Cellulose acetate 

Chlorodifluoroe thane 

Chlorophenols 

Chlorosulfonic acid 

Cyanamide 

Cyanogen chloride (CN 

. compound) 

Cyanuric acid 

Cyanuric chloride 

Diacetpne alcohol 

Diaminophenol 

Hydrochloride 

Dibromoethane 

Dichlorohydrin. 

Dicyanadimide 

Diethylaniline (2,6-

isomer) 

Difluoroethane 

Diisobutylene 

Diisooctyl phthalate 

Diketene 

Dodecylaniline 

Ethyl orthoformate... 

Ethyl oxalate 

Ethylamine 

Ethylcellulose 

Ethylcyanoacetate 

Hexachlorocydopentadiene 

Hexamethylene glycol 

Hydrogen Cyanide (CN 

Compound) 

Isobutyl Acrylate 

Isobutylene 

Ketone ' 

Unear alkyl sulfonate (no 

CAS-P assigned). 

Mesityl oxide 

Methacrylic acid 
P.26 

Federal Register / Vol. 56, No. 44 /Wednesday, Mrirch 6, 1991/ Proposed Rules 9339 

CAS No. 

563473 —..... -

96333. ——:..-„ 

78933 

1634044 ——— 

77758.- .......... 

121013.- - : 

75989.: „ 

25154523 

88120—. 

25322683 .—.——. 

25322694 

27138674 

9004324 

143339 _ 

141537... 

98066 

75741 - -

110189 „ 

7756947... „ _ 

540841 _ 

57136 

1300716 — 

526750 .'. 

105679 

95874 

576261..: : 

95658.— 

108689 ,. 

Chemical Name 

Methallyt Chloride 

Methyl Acrylate 

Methyl ethyl ketone (2-

Butanone) 

Methyl Tert Butyl Ether " 

Methylpentynol 

n-Dodecytbenzene 

Neopentanoic add 

N-Vinyl-2-Pyrrolidine 

! Polyethylene glycol 

Polypropylene glycol 

Resorcylic add 

Sodium carbbxymethyt 

cellulose 

Sodium Cyanide 

Sodium formate 

tert-Butylbenzene 

Tetramethyl lead 

Tetramethylethylenediamine 

Triisobutylene 

Trimethytpentane (2A4-

isomer) 

Urea 

Xylenol 

Xylenol (2,3-lsomer) 

Xylenol (2,4-isomer) 

Xylenol (2,5-isomer) 

Xylenol (2,6-isomer) 

Xylenol (3,4-isomer) 

Xylenol (3,5-isomer) 

[FR Doc. 91-4888 Filed 3-5-91; 8:45 am] 

BIUJNQ CODE 6560-50-M 

INTERSTATE COMMERCE 

COMMISSION 

49 CFR PART 1053 

[Ex Parte No. MC-198] 

Contracts for Transportation of 

Property 

AGENCY: Interstate Commerce 

Commission. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Commission is instituting 

this proceeding to consider amending or 

repealing its regulations (1) Prescribing 

the nature and content of contracts of 

motor contract carriers, and (2) defining 

contract shippers. The Commission last 

considered changes in the contract 

regulations in 1980 when it deleted the 

requirement that carriers file copies of 

their contracts. The purpose of this 

proceeding is to reexamine the current 

regulations in light of industry 

experiei.ee since passage of the Motor 

Carrier Act of 1980. 

DATES: Comments are due by April 5, 

1991. 

ADDRESSeS: The original and 10 copies 

of comments referring to Ex Parte No. 

MC-198 should be sent to: Office of the 

Secretary, Case Control Branch, 

Interstate Commerce Commission, 

Washington, DC 20423. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth H. Schwartz (202) 275-7956 or 

Richard B. Felder (202) 275-7691. [TDD 

for hearing impaired: (202) 275-1721]. 

SUPPLEMENTARY INFORMATION: The 

Commission is instituting this 

proceeding to consider amending or 

repealing the regulations at 49 CFR part 

1053. Section 1053.1 prescribes the 

nature and content of contracts of motor 

contract carriers; § 1053.2 relieves 

carriers of certain valuable commodities 

from the requirements of § 1053.1; and 

§ 1053.3 defines the shippers with whom 

8 motor contract carrier may enter into 

contracts. Thp Commission is 

particularly interested in reexamining 

the requirements of § 1053.1 that 

contracts be in writing, be bilateral and 

impose specific obligations upon both 

carrier and shipper, cover a series of 

shipments during a stated period of 

time, and be preserved for at least 1 

year after they cease to be in force. The 

Commission last considered changes in 

the contract regulations in 1980 when it 

deleted the' requirement that carriers file 

copies of their contracts with the 

Commission. 

The Commission is aware that the 

Motor Carrier Act of 1980 retained the 

distinction between motor contract 

carriers and motor common carriers. It 

is concerned, however, that its 

regulations supplementing the statutory 

definition of a motor contract carrier 

may no longer be appropriate in light of 

changes that have taken place in the 

motor carrier industry over the past 

decade. The Commission thus is 

soliciting public comments on the 

wisdom of maintaining part 1053 in its 

;current form. 

:' Some questions for consideration are 

as follows. Should the regulations be 

repealed in their entirety and, if so, 

why? What would be the effect of a 

repeal on the Commission's ability to 

fulfill its statutory obligations? Should 

the regulations be repealed in part? For 

instance, should the Commission delete 

the requirements that contracts be in 

writing and that they be retained for at 

least one year after they cease to be in 

force. On the other hand, should the 

regulations be amplified? For. instance, 

current Commission regulations do not 

require that contract rates be stated in 

or be ascertainable from the contract. 

Should the Commission impose such a 

requirement? Similarly, should the 

Commission amend the regulations to 

impose a requirement that the contract 

'state the manner in which the statutory 

contract carrier criteria are to be met 

vis-a-vis the contracting shipper? Should 

the current regulations be retained 

without modification? It might be the 

case that the industry requires only 

Clarification from the Commission and is 

not experiencing any difficulties that 

require modification of the current 

regulations. 

We encourage interested persons to 

submit comments. After considering the 

comments, we will determine whether to 

proceed and what, if any, specific rule 

changes to propose. 

Additional information is contained In 

the Commission's decision. To obtain a 

copy of the full decision, write to, call, 

or pick up in person from: Office of the 

Secretary, room 2215, Interstate 

- Commerce Commission, Washington, 

DC 20423. Telephone: (202) 275-7428. 

(Assistance for the hearing impaired is 

available through TDD services, (202) 

275-1721.) 

Environmental and Energy 

Considerations. 

We preliminarily conclude that 

amending or repealing the regulations 

governing contracts of motor contract 

carriers would not significantly affect 

either the quality of the human 

environment or the conservation of 

energy resources. 

Initial Regulatory Flexibility Analysis. 

We preliminarily conclude that 

amending or repealing the subject 

regulations would not have a significant 

economic impact on a substantial 

number of small entities. It is possible 

that simplification or elimination of the 

rules might benefit small carriers and 

shippers by reducing their paperwork 

and enabling them to streamline their 

operations. We specifically request 

comments on this issue to assist us in 

making an initial finding in the event we 

formulate specific proposals for 

publication in a future notice of 

proposed rulemaking. 

List of subjects in 49 CFR Part 1053 

Motor carriers. 

Authority: 49 U.S.C. 10101,10102,10321, 

and 10923, and 5 U.S.C. 553. 

Decided: February 20,1991. 

By the Commission, Chairman Philbin, Vice 

Chairman 

Emmett, Commissioners Simmons, Phillips, 

and McDonald. Commissioner Simmons 

commented with a separate expression. 

Sidney L. Strickland, Jr., 

Secretary. 

[FR Doc. 91-5286 Filed 3-5-91; 8:45 am] 

BILUNQ CODE 7035-01-M