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[FR Doc. 01–16457 Filed 6–28–01; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6997–9]

RIN 2060–AG91

National Emission Standards for

Hazardous Air Pollutants From Oil and

Natural Gas Production Facilities and

National Emission Standards for

Hazardous Air Pollutants From Natural

Gas Transmission and Storage

Facilities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical corrections.

SUMMARY: On June 17, 1999, we issued

the national emission standards for

hazardous air pollutants (NESHAP)

from Oil and Natural Gas Production

Facilities and the national emission

standards for hazardous air pollutants

from Natural Gas Transmission and

Storage Facilities (Oil and Gas NESHAP)

(64 FR 32610). These technical

corrections will clarify intent and

correct errors in the Oil and Gas

NESHAP. These technical corrections

will not change the level of health

protection the Oil and Gas NESHAP

provide or the basic control

requirements of the Oil and Gas

NESHAP. The Oil and Gas NESHAP

require new and existing major sources

to control emissions of hazardous air

pollutants (HAP) to the level reflecting

application of the maximum achievable

control technology (MACT).

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary, or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. We

have determined that there is good

cause for making these final rule

corrections without prior proposal and

opportunity for comment because the

changes to the rule are minor technical

corrections, are noncontroversial in

nature, and do not substantively change

the requirements of the Oil and Gas

NESHAP. Thus, notice and public

procedure are unnecessary. We find that

this constitutes good cause under 5

U.S.C. 553(b)(5).

EFFECTIVE DATE: June 29, 2001.

ADDRESSEES: Docket No. A–94–04

contains the supporting information

used in the development of this

rulemaking. The docket is located at the

U.S. EPA in room M–1500, Waterside

Mall (ground floor), 401 M Street SW.,

Washington, DC 20460, and may be

inspected from 8:30 a.m. to 5:30 p.m.,

Monday through Friday, excluding legal

holidays. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Greg Nizich, Waste and Chemical

Processes Group, Emission Standards

Division (MD–13), U.S. EPA, Research

Triangle Park, North Carolina 27711,

telephone number: (919) 541–3078,

facsimile: (919) 541–0246, electronic

mail address: nizich.greg@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated

entities. Entities that will potentially be

affected by these corrections are those

that process, upgrade, or store

hydrocarbon liquids; or process,

upgrade, store, or transport natural gas

and are major sources of HAP as defined

in section 112 of the Clean Air Act

(CAA). The regulated categories and

entities include:

Category Examples of regulated entities

Industry .... Condensate tank batteries, glycol dehydration units, natural

gas processing plants, and

natural gas transmission and

storage facilities.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that we are now

aware could potentially be regulated by

this action. Other types of entities not

listed in the table could also be

regulated. To determine whether your

facility, company, business,

organization, etc., is regulated by this

action, you should carefully examine

the applicability criteria in §§ 63.760

and 63.1270 of the Oil and Gas

NESHAP. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

World Wide Web (WWW). The text of

today’s document will also be available

on the WWW through the Technology

Transfer Network (TTN). Following

signature, a copy of this action will be

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34549

posted on the TTN’s policy and

guidance page for newly proposed or

promulgated rules.

http://www.epa.gov/ttn/oarpg. The

TTN provides information and

technology exchange in various areas of

air pollution control. If more

information regarding the TTN is

needed, call the TTN HELP line at (919)

541–5384.

I. Background for the Corrections

Today’s action consists of editorial,

cross-referencing and clarifying

corrections to the Oil and Gas NESHAP

that was promulgated on June 17, 1999

(64 FR 32610). These editorial, crossreferencing and clarifying corrections

are minor in nature and are

noncontroversial. As an example of the

editorial corrections, we have replaced

the phrase ‘‘storage tank’’ or ‘‘tank’’ with

‘‘storage vessel.’’ We have removed the

definition of relief device since it is not

used in the Oil and Gas NESHAP. We

have corrected a reporting requirement

by replacing ‘‘operating days’’ with

‘‘calendar days’’ as it applies to the

submission of Periodic Reports. Crossreferencing errors were corrected as

applicable.

II. Corrections and Clarifications of

Intent

Some of the corrections in today’s

action are being made to clarify our

intent in the promulgated rule. The

following paragraphs present these

changes and our rationale for making

the changes.

Applicability. As promulgated,

subparts HH and HHH (§§ 63.760(a)(1)

and 63.1270(a)) require facilities that

operate at or near their design

throughput to use a throughput that is

higher than their design maximum to

calculate potential-to-emit (PTE). This

outcome was not intended and is not

consistent with the General Provisions

(40 CFR part 63, subpart A) in which

PTE is defined to be ‘‘the maximum

capacity of a stationary source to emit

a pollutant under its physical and

operational design.’’ Therefore, we have

added text to §§ 63.760(a)(1) and

63.1270(a) clarifying that owners and

operators still have the option of using

design maximum natural gas or

hydrocarbon liquid throughput to

estimate maximum PTE.

Section 63.1270(a) states that a

‘‘compressor station that transports

natural gas prior to the point of custody

transfer, or to a natural gas processing

plant (if present) is considered a part of

the oil and natural gas production

source category.’’ Our intent was to

exclude a compressor station that

transports natural gas prior to the point

of custody transfer, or to a natural gas

processing plant (if present) from the

transmission and storage source

category. Therefore, to clarify our intent,

we have modified § 63.1270(a) to state

that a ‘‘compressor station that

transports natural gas prior to the point

of custody transfer, or to a natural gas

processing plant (if present) is not

considered a part of the natural gas

transmission and storage source

category.’’

Section 63.1270(a)(1) contains a set of

five equations that an owner or operator

could use in sequence to estimate

maximum facility natural gas

throughput. We have modified

§ 63.1270(a)(1) by replacing the five

equations with one equation, yielding

the same result.

Definitions. We have reworded the

definition of custody transfer in

§ 63.1271 by removing the phrase

‘‘* * * from storage vessels or

automatic transfer facilities, or other

equipment, including product loading

racks, to pipelines or any other forms of

transportation.’’

The definition of major source in

subpart HH was confusing because it

was unclear that facilities that are not

production field facilities (i.e., facilities

located after the point of custody

transfer) are required to aggregate HAP

emissions from all HAP emission units

for the major source determination. This

is consistent with our interpretation of

the associated equipment terminology

in section 112(n)(4) of the CAA (64 FR

32618). We have added a sentence to the

definition of major source in § 63.761 to

read: ‘‘For facilities that are not

production field facilities, HAP

emissions from all HAP emission units

shall be aggregated for a major source

determination.’’

Startups, shutdowns, and

malfunctions. Sections 63.762 and

63.1272 of the Oil and Gas NESHAP

require owners and operators to prepare

startup, shutdown and malfunction

plans, but do not provide an exemption

for facilities that were subject to the rule

but had no requirements (e.g., a natural

gas processing plant, that was a major

source, that has a dehydration unit with

a throughput less than 18.4 thousand

standard cubic meters per day would be

subject to the rule, but would have no

control requirements). A startup,

shutdown and malfunction plan would

serve little purpose if there were no

emission limit; therefore, today’s action

clarifies that facilities meeting the

exemption criteria specified in

§§ 63.764(e) and 63.1274(d) are not

required to prepare a startup, shutdown

and malfunction plan.

Test methods, compliance

procedures, and compliance

demonstrations. Sections 63.772(e)(1)

and 63.1282(d)(1) provide exemptions

from conducting performance tests

under those sections for certain

specified control devices, including

flares. However, §§ 63.772(e)(2) and

63.1282(d)(2) require an owner or

operator to comply with § 63.11(b),

which contains testing requirements for

flares. Flares are not exempt from the

testing requirements in § 63.11(b), but

are exempt from the performance test

requirements in §§ 63.772(e) and

63.1282(d). Therefore, today’s action

clarifies that intent by modifying

§§ 63.772(e)(1)(i) and 63.1282(d)(1)(i) to

state that except as specified in

paragraph (e)(2) (or paragraph (d)(2) for

subpart HHH), a flare designed and

operated in accordance with § 63.11(b)

of the General Provisions is exempt

from the performance testing

requirements of the subpart(s).

Also, §§ 63.772(e)(3) and

63.1282(d)(3) state that the performance

test must be subject to the schedule

specified in § 63.7(a)(2), meaning that

the performance test results would be

due 240 days after the effective date of

the rule, but §§ 63.775(d) and 63.1285(d)

require the results to be submitted in the

notification of compliance status report,

180 days after the effective date of the

rule. To correct this inconsistency,

today’s action modifies §§ 63.772(e)(3)

and 63.1282(d)(3) to clarify that the

performance test results must be

submitted with the notification of

compliance status report, but does not

require owners or operators to follow

the schedule specified in § 63.7(a)(2) of

the General Provisions.

Finally, the Oil and Gas NESHAP

allow an owner or operator to use GRIGLYCalcTM in conjunction with the

Atmospheric Rich/Lean Method to

determine condenser performance as an

alternative to the performance test

procedures (§§ 63.772(e)(5) and

63.1282(d)(5)). The results from the GRIGLYCalcTM program (i.e., uncontrolled

emissions) are the same, regardless of

control device type. Therefore, today’s

action modifies §§ 63.772(e)(3)(iii)(B)

and 63.1282(d)(3)(iii)(B) to allow

owners or operators to use GRIGLYCalcTM to determine uncontrolled

emissions.

Inspection and monitoring

requirements. Under §§ 63.775(d) and

63.1285(d), the owner or operator is

required to submit a notification of

compliance status report that contains

information in § 63.775(d)(1) through

(12) in addition to the information in

§ 63.9(h). Section 63.9(h)(2)(i)(B) of the

General Provisions requires the owner

34550 Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations

or operator to submit ‘‘the results of any

* * * monitoring procedures or other

methods that were conducted * * *’’ to

demonstrate compliance with the

standards. Today’s action modifies

§§ 63.773(c)(2), 63.775(d), 63.1283(c)(2)

and 63.1285(d) to clarify that the owner

or operator must submit inspection

results without having to refer to the

General Provisions.

Similarly, §§ 63.775(e) and 63.1285(e)

require the owner or operator to submit

periodic inspection results in the

Periodic reports. Today’s action

modifies §§ 63.773(c)(2) and

63.1283(c)(2) to refer the reader to the

reporting requirements.

We made an error in § 63.773(d)(5) by

stating that the owner or operator must

comply with § 63.773(d)(5)(i) for all

control devices ‘‘except for condensers.’’

Section § 63.773(d)(5)(i) applies to all

control devices, and owners and

operators that install condensers must

also comply with § 63.773(d)(5)(ii).

Therefore, today’s action removes the

phrase ‘‘* * * except for

condensers* * *’’ from § 63.773(d)(5).

Flare monitoring devices cannot

calculate a daily average or a minimum

or maximum operating value because

they merely indicate that the pilot flame

is either on or off. Therefore, today’s

action adds language to §§ 63.773(d) and

63.1283(d) clarifying that flares are

exempt from calculating daily averages

and minimum or maximum operating

values.

We were not clear in § 63.773(d)(6)(iv)

in stating that data available for less

than 75 percent of the operating hours

constitutes an excursion. Since

averaging periods for demonstrating

condenser compliance with the 95

percent control requirement can be

either on a daily basis or 365-day basis,

not specifying the period over which the

data sufficiency criteria are evaluated

could cause confusion. Therefore,

today’s action modifies

§ 63.773(d)(6)(iv) to clarify that an

excursion occurs when the data are

available for less than 75 percent of the

operating hours in a day.

Reporting requirements. Section

63.10(c)(8) of the General Provisions

requires an owner or operator to report

excess emissions and parameter

monitoring exceedances as defined in

the relevant standard. As promulgated,

§§ 63.775(e)(2)(i) and 63.1285(e)(2)(i)

state that excess emissions are

excursions. Therefore, since times when

the pilot flame is absent would be a

parameter monitoring excursion,

reporting of the periods when the pilot

flame is absent is required under the

General Provisions. Today’s action lists

that requirement in §§ 63.775(e)(x) and

63.1285(e)(ix).

III. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget

(OMB). Because the EPA has made a

‘‘good cause’’ finding that this action is

not subject to notice and comment

requirements under the Administrative

Procedure Act or any other statute, it is

not subject to the regulatory flexibility

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.), or to sections

202 and 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Pub. L.

104–4). In addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of the

UMRA. This action also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13175 (65

FR 67249, November 6, 2000). These

technical corrections do not have

substantial direct effects on the States,

or on the relationship between the

national government and the States, as

specified in Executive Order 13132 (64

FR 43255, August 10, 1999). These

technical corrections also are not subject

to Executive Order 13045 (62 FR 19885,

April 23, 1997) because they are not

economically significant.

This technical correction action does

not involve technical standards; thus,

the requirements of section 12(d) of the

National Technology Transfer and

Advancement Act (NTTAA) of 1995 (15

U.S.C. 272) do not apply. These

technical corrections also do not involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994). In issuing these

technical corrections, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996).

The EPA has complied with Executive

Order 12630 (53 FR 8859, March 15,

1988) by examining the takings

implications of these rule amendments

in accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the Executive Order. This technical

correction does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.). The

EPA’s compliance with these statutes

and Executive Orders for the underlying

rule is discussed in the June 17, 1999

Federal Register notice containing the

Oil and Natural Gas Production final

rule and Natural Gas Transmission and

Storage final rule.

The Congressional Review Act (CRA)

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

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement (5 U.S.C.

808(2)). As stated previously, EPA has

made such a good cause finding,

including the reasons therefor, and

established an effective date of June 29,

2001. The EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This action is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects for 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements, Storage.

Dated: June 8, 2001.

Robert D. Brenner,

Acting Assistant Administrator for Air and

Radiation.

For the reasons set out in the

preamble, title 40, chapter I, part 63 of

the Code of Federal Regulations is

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

Subpart HH–[AMENDED]

2. Section 63.760 is amended by

revising paragraph (a)(1) introductory

text to read as follows:

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34551

§ 63.760 Applicability and designation of

affected source.

(a) * * *

(1) Facilities that are major sources of

hazardous air pollutants (HAP) as

defined in § 63.761. Emissions for major

source determination purposes can be

estimated using the maximum natural

gas or hydrocarbon liquid throughput,

as appropriate, calculated in paragraphs

(a)(1)(i) through (iii) of this section. As

an alternative to calculating the

maximum natural gas or hydrocarbon

liquid throughput, the owner or

operator of a new or existing source may

use the facility’s design maximum

natural gas or hydrocarbon liquid

throughput to estimate the maximum

potential emissions. Other means to

determine the facility’s major source

status are allowed, provided the

information is documented and

recorded to the Administrator’s

satisfaction. A facility that is

determined to be an area source, but

subsequently increases its emissions or

its potential to emit above the major

source levels (without first obtaining

and complying with other limitations

that keep its potential to emit HAP

below major source levels), and

becomes a major source, must comply

thereafter with all applicable provisions

of this subpart starting on the applicable

compliance date specified in paragraph

(f) of this section. Nothing in this

paragraph is intended to preclude a

source from limiting its potential to emit

through other appropriate mechanisms

that may be available through the

permitting authority.

* * * * *

3. Section 63.761 is amended by

revising the definitions of ‘‘Control

device,’’ ‘‘Glycol dehydration unit

process vent,’’ and ‘‘Major source,’’ and

by removing the definition of ‘‘Relief

device’’ to read as follows:

§ 63.761 Definitions.

* * * * *

Control device means any equipment

used for recovering or oxidizing HAP or

volatile organic compound (VOC)

vapors. Such equipment includes, but is

not limited to, absorbers, carbon

adsorbers, condensers, incinerators,

flares, boilers, and process heaters. For

the purposes of this subpart, if gas or

vapor from regulated equipment is used,

reused (i.e., injected into the flame zone

of an enclosed combustion device),

returned back to the process, or sold,

then the recovery system used,

including piping, connections, and flow

inducing devices, is not considered to

be a control device or closed-vent

system.

* * * * *

Glycol dehydration unit process vent

means the glycol dehydration unit

reboiler vent and the vent from the GCG

separator (flash tank), if present.

* * * * *

Major source, as used in this subpart,

shall have the same meaning as in

§ 63.2, except that:

(1) Emissions from any oil or gas

exploration or production well (with its

associated equipment, as defined in this

section), and emissions from any

pipeline compressor station or pump

station shall not be aggregated with

emissions from other similar units to

determine whether such emission

points or stations are major sources,

even when emission points are in a

contiguous area or under common

control;

(2) Emissions from processes,

operations, or equipment that are not

part of the same facility, as defined in

this section, shall not be aggregated; and

(3) For facilities that are production

field facilities, only HAP emissions from

glycol dehydration units and storage

vessels with the potential for flash

emissions shall be aggregated for a

major source determination. For

facilities that are not production field

facilities, HAP emissions from all HAP

emission units shall be aggregated for a

major source determination.

* * * * *

4. Section 63.762 is amended by

revising paragraph (d) and by adding

paragraph (e) to read as follows:

§ 63.762 Startups, shutdowns, and

malfunctions.

* * * * *

(d) Except as provided in paragraph

(e) of this section, the owner or operator

shall prepare a startup, shutdown, and

malfunction plan as required in

§ 63.6(e)(3), except that the plan is not

required to be incorporated by reference

into the source’s title V permit as

specified in § 63.6(e)(3)(i). Instead, the

owner or operator shall keep the plan on

record as required by § 63.6(e)(3)(v). The

failure of the plan to adequately

minimize emissions during startup,

shutdown, or malfunctions does not

shield an owner or operator from

enforcement actions.

(e) Owners or operators are not

required to prepare a startup, shutdown,

and malfunction plan for any facility

where all of the affected sources meet

the exemption criteria specified in

§ 63.764(e).

5. Section 63.764 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (e)(1)

introductory text;

c. Revising paragraph (e)(2)

introductory text; and

d. Revising paragraph (e)(2)(i).

The revisions read as follows:

§ 63.764 General standards.

(a) Table 2 of this subpart specifies

the provisions of subpart A (General

Provisions) of this part that apply and

those that do not apply to owners and

operators of affected sources subject to

this subpart.

* * * * *

(e) * * *

(1) The owner or operator is exempt

from the requirements of paragraph

(c)(1) of this section if the criteria listed

in paragraph (e)(1)(i) or (ii) of this

section are met, except that the records

of the determination of these criteria

must be maintained as required in

§ 63.774(d)(1).

* * * * *

(2) The owner or operator is exempt

from the requirements of paragraph

(c)(3) of this section for ancillary

equipment (as defined in § 63.761) and

compressors at a natural gas processing

plant subject to this subpart if the

criteria listed in paragraph (e)(2)(i) or

(ii) of this section are met, except that

the records of the determination of these

criteria must be maintained as required

in § 63.774(d)(2).

(i) Any ancillary equipment and

compressors that contain or contact a

fluid (liquid or gas) must have a total

VHAP concentration less than 10

percent by weight, as determined by the

procedures specified in § 63.772(a); or

* * * * *

6. Section 63.765 is amended by

revising paragraph (c)(3) introductory

text to read as follows:

§ 63.765 Glycol dehydration unit process

vent standards.

* * * * *

(c) * * *

(3) Control of HAP emissions from a

GCG separator (flash tank) vent is not

required if the owner or operator

demonstrates, to the Administrator’s

satisfaction, that total emissions to the

atmosphere from the glycol dehydration

unit process vent are reduced by one of

the levels specified in paragraph (c)(3)(i)

or (ii) of this section, through the

installation and operation of controls as

specified in paragraph (b)(1) of this

section.

* * * * *

7. Section 63.769 is amended by

revising paragraph (a) introductory text

and paragraph (c)(6) to read as follows:

34552 Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations

§ 63.769 Equipment leak standards.

(a) This section applies to equipment

subject to this subpart and specified in

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

that is located at a natural gas

processing plant and operates in VHAP

service equal to or greater than 300

hours per calendar year.

* * * * *

(c) * * *

(6) Pumps in VHAP service, valves in

gas/vapor and light liquid service, and

pressure relief devices in gas/vapor

service located within a natural gas

processing plant that is located on the

Alaskan North Slope are exempt from

the routine monitoring requirements of

40 CFR 61.242–2(a)(1) and 61.242–7(a),

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

section.

* * * * *

8. Section 63.771 is amended by

revising paragraphs (b)(1) and (e)(2) to

read as follows:

§ 63.771 Control equipment requirements.

* * * * *

(b) Cover requirements.

(1) The cover and all openings on the

cover (e.g., access hatches, sampling

ports, and gauge wells) shall be

designed to form a continuous barrier

over the entire surface area of the liquid

in the storage vessel.

* * * * *

(e) * * *

(2) The owner or operator shall

document, to the Administrator’s

satisfaction, the conditions for which

glycol dehydration unit baseline

operations shall be modified to achieve

the 95.0 percent overall HAP emission

reduction, either through process

modifications or through a combination

of process modifications and one or

more control devices. If a combination

of process modifications and one or

more control devices are used, the

owner or operator shall also establish

the percent HAP reduction to be

achieved by the control device to

achieve an overall HAP emission

reduction of 95.0 percent for the glycol

dehydration unit process vent. Only

modifications in glycol dehydration unit

operations directly related to process

changes, including but not limited to

changes in glycol circulation rate or

glycol-HAP absorbency, shall be

allowed. Changes in the inlet gas

characteristics or natural gas throughput

rate shall not be considered in

determining the overall HAP emission

reduction due to process modifications.

* * * * *

9. Section 63.772 is amended by:

a. Revising paragraph (c)(6)(i);

b. Revising paragraph (e)(1)(i);

c. Revising paragraph (e)(3)

introductory text;

d. Revising paragraph (e)(3)(iii)(B)

introductory text;

e. Revising paragraph (e)(3)(iii)(B)(1);

f. Adding paragraph (e)(3)(iii)(B)(4);

g. Revising paragraph (f) introductory

text;

h. Revising paragraph (g) introductory

text;

i. Revising paragraph (g)(2)

introductory text;

j. Revising paragraph (g)(2)(iii)

introductory text; and

k. Revising paragraph (g)(3).

The revisions and addition read as

follows:

§ 63.772 Test methods, compliance

procedures, and compliance

demonstrations.

* * * * *

(c) * * *

(6) * * *

(i) Except as provided in paragraph

(c)(6)(ii) of this section, the detection

instrument shall meet the performance

criteria of Method 21 of 40 CFR part 60,

appendix A, except the instrument

response factor criteria in section

3.1.2(a) of Method 21 shall be for the

average composition of the process

fluid, not each individual volatile

organic compound in the stream. For

process streams that contain nitrogen,

air, or other inerts which are not organic

hazardous air pollutants or volatile

organic compounds, the average stream

response factor shall be calculated on an

inert-free basis.

* * * * *

(e) * * *

(1) * * *

(i) Except as specified in paragraph

(e)(2) of this section, a flare that is

designed and operated in accordance

with § 63.11(b);

* * * * *

(3) For a performance test conducted

to demonstrate that a control device

meets the requirements of § 63.771(d)(1)

or (e)(3)(ii), the owner or operator shall

use the test methods and procedures

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

(iv) of this section. The performance test

results shall be submitted in the

Notification of Compliance Status

Report as required in § 63.775(d)(1)(ii).

* * * * *

(iii) * * *

(B) The mass rate of either TOC

(minus methane and ethane) or total

HAP (Ei, Eo) shall be computed using

the equations and procedures specified

in paragraphs (e)(3)(iii)(B)(1) through (3)

of this section. As an alternative, the

mass rate of either TOC (minus methane

and ethane) or total HAP at the inlet of

the control device (Ei) may be calculated

using the procedures specified in

paragraph (e)(3)(iii)(B)(4) of this section.

(1) The following equations shall be

used:

E K CM

E K CM

i ij ij

j

n

o oj oj

j

n

=

















=

















=

=

∑

∑

2

1

2

1

 Q

 Q

i

o

Where:

Cij, Coj = Concentration of sample component

j of the gas stream at the inlet and outlet

of the control device, respectively, dry

basis, parts per million by volume.

Ei, Eo = Mass rate of TOC (minus methane

and ethane) or total HAP at the inlet and

outlet of the control device, respectively,

dry basis, kilogram per hour.

Mij, Moj = Molecular weight of sample

component j of the gas stream at the inlet

and outlet of the control device,

respectively, gram/gram-mole.

Qi, Qo = Flowrate of gas stream at the inlet

and outlet of the control device,

respectively, dry standard cubic meter

per minute.

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

(gram-mole per standard cubic meter)

(kilogram/gram) (minute/hour), where

standard temperature (gram-mole per

standard cubic meter) is 20 °C.

n = Number of components in sample.

* * * * *

(4) As an alternative to the procedures

for calculating Ei specified in paragraph

(e)(3)(iii)(B)(1) of this section, the owner

or operator may use the model GRIGLYCalcTM, Version 3.0 or higher, and

the procedures presented in the

associated GRI-GLYCalcTM Technical

Reference Manual. Inputs to the model

shall be representative of actual

operating conditions of the glycol

dehydration unit and shall be

determined using the procedures

documented in the Gas Research

Institute (GRI) report entitled

‘‘Atmospheric Rich/Lean Method for

Determining Glycol Dehydrator

Emissions’’ (GRI–95/0368.1). When the

TOC mass rate is calculated for glycol

dehydration units using the model GRIGLYCalcTM, all organic compounds

(minus methane and ethane) measured

by Method 18, 40 CFR part 60, appendix

A, or Method 25A, 40 CFR part 60,

appendix A, shall be summed. When

the total HAP mass rate is calculated for

glycol dehydration units using the

model GRI-GLYCalcTM, only HAP

chemicals listed in Table 1 of this

subpart shall be summed.

* * * * *

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34553

(f) Compliance demonstration for

control device performance

requirements. This paragraph applies to

the demonstration of compliance with

the control device performance

requirements specified in

§ 63.771(d)(1)(i) and (e)(3). Compliance

shall be demonstrated using the

requirements in paragraphs (f)(1)

through (3) of this section. As an

alternative, an owner or operator that

installs a condenser as the control

device to achieve the requirements

specified in § 63.771(d)(1)(ii) or (e)(3)

may demonstrate compliance according

to paragraph (g) of this section. An

owner or operator may switch between

compliance with paragraph (f) of this

section and compliance with paragraph

(g) of this section only after at least 1

year of operation in compliance with

the selected approach. Notification of

such a change in the compliance

method shall be reported in the next

Periodic Report, as required in

§ 63.775(e), following the change.

* * * * *

(g) Compliance demonstration with

percent reduction performance

requirements—condensers. This

paragraph applies to the demonstration

of compliance with the performance

requirements specified in

§ 63.771(d)(1)(ii) or (e)(3) for

condensers. Compliance shall be

demonstrated using the procedures in

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

section.

* * * * *

(2) Compliance with the percent

reduction requirement in

§ 63.771(d)(1)(ii) or (e)(3) shall be

demonstrated by the procedures in

paragraphs (g)(2)(i) through (iii) of this

section.

* * * * *

(iii) Except as provided in paragraphs

(g)(2)(iii)(A) and (B) of this section, at

the end of each operating day, the

owner or operator shall calculate the

365-day average HAP emission

reduction from the condenser

efficiencies as determined in paragraph

(g)(2)(ii) of this section for the preceding

365 operating days. If the owner or

operator uses a combination of process

modifications and a condenser in

accordance with the requirements of

§ 63.771(e), the 365-day average HAP

emission reduction shall be calculated

using the emission reduction achieved

through process modifications and the

condenser efficiency as determined in

paragraph (g)(2)(ii) of this section, both

for the previous 365 operating days.

* * * * *

(3) If the owner or operator has data

for 365 days or more of operation,

compliance is achieved with the

emission limitation specified in

§ 63.771(d)(1)(ii) or (e)(3) if the average

HAP emission reduction calculated in

paragraph (g)(2)(iii) of this section is

equal to or greater than 95.0 percent.

10. Section 63.773 is amended by:

a. Revising paragraphs (c)(2)(i)(A) and

(B);

b. Revising paragraphs (c)(2)(ii)(A)

through (C);

c. Revising paragraphs (c)(2)(iii)(A)

and (B);

d. Revising paragraph (d)(1)

introductory text;

e. Revising paragraph (d)(5)

introductory text; and

f. Revising paragraph (d)(6)(iv).

The revisions read as follows:

§ 63.773 Inspection and monitoring

requirements.

* * * * *

(c) * * *

(2) * * *

(i) * * *

(A) Conduct an initial inspection

according to the procedures specified in

§ 63.772(c) to demonstrate that the

closed-vent system operates with no

detectable emissions. Inspection results

shall be submitted with the Notification

of Compliance Status Report as

specified in § 63.775(d)(1) or (2).

(B) Conduct annual visual inspections

for defects that could result in air

emissions. Defects include, but are not

limited to, visible cracks, holes, or gaps

in piping; loose connections; or broken

or missing caps or other closure devices.

The owner or operator shall monitor a

component or connection using the

procedures in § 63.772(c) to demonstrate

that it operates with no detectable

emissions following any time the

component is repaired or replaced or

the connection is unsealed. Inspection

results shall be submitted in the

Periodic Report as specified in

§ 63.775(e)(2)(iii).

(ii) * * *

(A) Conduct an initial inspection

according to the procedures specified in

§ 63.772(c) to demonstrate that the

closed-vent system operates with no

detectable emissions. Inspection results

shall be submitted with the Notification

of Compliance Status Report as

specified in § 63.775(d)(1) or (2).

(B) Conduct annual inspections

according to the procedures specified in

§ 63.772(c) to demonstrate that the

components or connections operate

with no detectable emissions.

Inspection results shall be submitted in

the Periodic Report as specified in

§ 63.775(e)(2)(iii).

(C) Conduct annual visual inspections

for defects that could result in air

emissions. Defects include, but are not

limited to, visible cracks, holes, or gaps

in ductwork; loose connections; or

broken or missing caps or other closure

devices. Inspection results shall be

submitted in the Periodic Report as

specified in § 63.775(e)(2)(iii).

(iii) * * *

(A) Conduct visual inspections for

defects that could result in air

emissions. Defects include, but are not

limited to, visible cracks, holes, or gaps

in the cover, or between the cover and

the separator wall; broken, cracked, or

otherwise damaged seals or gaskets on

closure devices; and broken or missing

hatches, access covers, caps, or other

closure devices. In the case where the

storage vessel is buried partially or

entirely underground, inspection is

required only for those portions of the

cover that extend to or above the ground

surface, and those connections that are

on such portions of the cover (e.g., fill

ports, access hatches, gauge wells, etc.)

and can be opened to the atmosphere.

(B) The inspections specified in

paragraph (c)(2)(iii)(A) of this section

shall be conducted initially, following

the installation of the cover. Inspection

results shall be submitted with the

Notification of Compliance Status

Report as specified in § 63.775(d)(12).

Thereafter, the owner or operator shall

perform the inspection at least once

every calendar year, except as provided

in paragraphs (c)(5) and (6) of this

section. Annual inspection results shall

be submitted in the Periodic Report as

specified in § 63.775(e)(2)(iii).

* * * * *

(d) * * *

(1) For each control device, except as

provided for in paragraph (d)(2) of this

section, the owner or operator shall

install and operate a continuous

parameter monitoring system in

accordance with the requirements of

paragraphs (d)(3) through (9) of this

section. Owners or operators that install

and operate a flare in accordance with

§ 63.771(d)(1)(iii) are exempt from the

requirements of paragraphs (d)(4) and

(5) of this section. The continuous

monitoring system shall be designed

and operated so that a determination

can be made on whether the control

device is achieving the applicable

performance requirements of § 63.771(d)

or (e)(3). The continuous parameter

monitoring system shall meet the

following specifications and

requirements:

* * * * *

(5) For each operating parameter

monitor installed in accordance with

the requirements of paragraph (d)(3) of

this section, the owner or operator shall

34554 Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations

comply with paragraph (d)(5)(i) of this

section for all control devices, and when

condensers are installed, the owner or

operator shall also comply with

paragraph (d)(5)(ii) of this section.

* * * * *

(6) * * *

(iv) An excursion occurs when the

monitoring data are not available for at

least 75 percent of the operating hours

in a day.

* * * * *

11. Section 63.774 is amended by:

a. Revising paragraph (b)(4)(i);

b. Revising paragraph (b)(4)(ii)(A);

c. Revising paragraph (b)(8);

d. Revising paragraph (d)(2)(i);

e. Revising paragraph (d)(2)(ii); and

f. Revising paragraph (e)(3).

The revisions read as follows:

§ 63.774 Recordkeeping requirements.

* * * * *

(b) * * *

(4) * * *

(i) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.773(d) or specified by the

Administrator in accordance with

§ 63.773(d)(3)(iii). For flares, the hourly

records and records of pilot flame

outages specified in paragraph (e) of this

section shall be maintained in place of

continuous records.

(ii) * * *

(A) For flares, the records required in

paragraph (e) of this section.

* * * * *

(8) For each inspection conducted in

accordance with § 63.773(c) during

which no leaks or defects are detected,

a record that the inspection was

performed, the date of the inspection,

and a statement that no leaks or defects

were detected.

* * * * *

(d) * * *

(2) * * *

(i) Information and data used to

demonstrate that a piece of ancillary

equipment or a compressor is not in

VHAP service or not in wet gas service

shall be recorded in a log that is kept in

a readily accessible location.

(ii) Identification and location of

ancillary equipment or compressors,

located at a natural gas processing plant

subject to this subpart, that is in VHAP

service less than 300 hours per year.

(e) * * *

(3) All hourly records and other

recorded periods when the pilot flame

is absent.

12. Section 63.775 is amended by:

a. Revising paragraph (d) introductory

text;

b. Revising paragraph (d)(1)

introductory text;

c. Removing ‘‘; or’’ at the end of

paragraph (d)(1)(i) and adding in its

place ‘‘.’’;

d. Adding paragraph (d)(1)(iii);

e. Revising paragraph (d)(2)

introductory text;

f. Removing ’’, and’’ at the end of

paragraph (d)(2)(i) and adding in its

place ‘‘.’’;

g. Adding paragraph (d)(2)(iii);

h. Revising paragraph (d)(9);

i. Adding paragraph (d)(12);

j. Revising paragraph (e)(1);

k. Revising paragraph (e)(2)

introductory text;

l. Revising paragraph (e)(2)(ii)(D); and

m. Adding paragraph (e)(2)(x).

The revisions and additions read as

follows:

§ 63.775 Reporting requirements.

* * * * *

(d) Each owner or operator of a source

subject to this subpart shall submit a

Notification of Compliance Status

Report as required under § 63.9(h)

within 180 days after the compliance

date specified in § 63.760(f). In addition

to the information required under

§ 63.9(h), the Notification of Compliance

Status Report shall include the

information specified in paragraphs

(d)(1) through (12) of this section. This

information may be submitted in an

operating permit application, in an

amendment to an operating permit

application, in a separate submittal, or

in any combination of the three. If all of

the information required under this

paragraph has been submitted at any

time prior to 180 days after the

applicable compliance dates specified

in § 63.760(f), a separate Notification of

Compliance Status Report is not

required. If an owner or operator

submits the information specified in

paragraphs (d)(1) through (12) of this

section at different times, and/or

different submittals, subsequent

submittals may refer to previous

submittals instead of duplicating and

resubmitting the previously submitted

information.

(1) If a closed-vent system and a

control device other than a flare are

used to comply with § 63.764, the owner

or operator shall submit the information

in paragraph (d)(1)(iii) of this section

and the information in either paragraph

(d)(1)(i) or (ii) of this section.

* * * * *

(iii) The results of the closed-vent

system initial inspections performed

according to the requirements in

§ 63.773(c)(2)(i) and (ii).

(2) If a closed-vent system and a flare

are used to comply with § 63.764, the

owner or operator shall submit

performance test results including the

information in paragraphs (d)(2)(i) and

(ii) of this section. The owner or

operator shall also submit the

information in paragraph (d)(2)(iii) of

this section.

* * * * *

(iii) The results of the closed-vent

system initial inspections performed

according to the requirements in

§ 63.773(c)(2)(i) and (ii).

* * * * *

(9) The owner or operator shall

submit the analysis performed under

§ 63.760(a)(1).

* * * * *

(12) If a cover is installed to comply

with § 63.764, the results of the initial

inspection performed according to the

requirements specified in

§ 63.773(c)(2)(iii).

(e) * * *

(1) An owner or operator shall submit

Periodic Reports semiannually

beginning 60 calendar days after the end

of the applicable reporting period. The

first report shall be submitted no later

than 240 days after the date the

Notification of Compliance Status

Report is due and shall cover the 6-

month period beginning on the date the

Notification of Compliance Status

Report is due.

(2) The owner or operator shall

include the information specified in

paragraphs (e)(2)(i) through (x) of this

section, as applicable.

* * * * *

(D) For each excursion caused by the

lack of monitoring data, as specified in

§ 63.773(d)(6)(iv), the report must

include the date and duration of the

period when the monitoring data were

not collected and the reason why the

data were not collected.

* * * * *

(x) For flares, the records specified in

§ 63.774(e)(3).

* * * * *

13. In Table 2 of subpart HH the

entries ‘‘§ 63.6(h)’’, ‘‘§ 63.7(a)(2)’’,

‘‘§ 63.9(b)(2)’’ and ‘‘§ 63.10(b)(1)’’ are

revised to read as follows:

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34555

TABLE 2.—TO SUBPART HH—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH

General provisions reference Applicable to subpart HH Explanation

*******

§ 63.6(h) ............ No ............................................................ Subpart HH does not contain opacity or visible emission standards.

*******

§ 63.7(a)(2) ....... Yes ........................................................... But the performance test results must be submitted within 180 days after the compliance date.

*******

§ 63.9(b)(2) ....... Yes ........................................................... Existing sources are given 1 year (rather than 120 days) to submit this notification.

*******

§ 63.10(b)(1) ..... Yes ........................................................... § 63.774(b)(1) requires sources to maintain the most recent 12 months of data on

site and allows offsite storage for the remaining 4 years of data.

* * * * *

Subpart HHH—[AMENDED]

14. Section 63.1270 is amended by

revising paragraphs (a) introductory text

and (a)(1) introductory text and by

removing paragraphs (a)(1)(i) through

(iii) to read as follows:

§ 63.1270 Applicability and designation of

affected source.

(a) This subpart applies to owners and

operators of natural gas transmission

and storage facilities that transport or

store natural gas prior to entering the

pipeline to a local distribution company

or to a final end user (if there are no

local HAP emissions as defined using

§ 63.1271). Emissions for major source

determination purposes can be

estimated using the maximum natural

gas throughput calculated in either

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

and paragraphs (a)(3) and (4) of this

section. As an alternative to calculating

the maximum natural gas throughput,

the owner or operator of a new or

existing source may use the facility

design maximum natural gas throughput

to estimate the maximum potential

emissions. Other means to determine

the facility’s major source status are

allowed, provided the information is

documented and recorded to the

Administrator’s satisfaction. A

compressor station that transports

natural gas prior to the point of custody

transfer or to a natural gas processing

plant (if present) is not considered a

part of the natural gas transmission and

storage source category. A facility that is

determined to be an area source, but

subsequently increases its emissions or

its potential to emit above the major

source levels (without first obtaining

and complying with other limitations

that keep its potential to emit HAP

below major source levels), and

becomes a major source, must comply

thereafter with all applicable provisions

of this subpart starting on the applicable

compliance date specified in paragraph

(d) of this section. Nothing in this

paragraph is intended to preclude a

source from limiting its potential to emit

through other appropriate mechanisms

that may be available through the

permitting authority.

(1) Facilities that store natural gas or

facilities that transport and store natural

gas shall calculate maximum annual

facility natural gas throughput using the

following equation:

Throughput = 8,760

1

IR

1

max max WR

+ 



 





Where:

Throughput = Maximum annual facilitywide

natural gas throughput in cubic meters

per year.

IR max = Maximum facility injection rate in

cubic meters per hour.

WR max = Maximum facility withdrawal rate

in cubic meters per hour.

8,760 = Maximum hours of operation per

year.

* * * * *

15. Section 63.1271 is amended by

revising the definitions of ‘‘Control

device,’’ ‘‘Custody transfer,’’ and

‘‘Glycol dehydration unit process vent,’’

and by removing the definition of

‘‘Federal Energy Regulatory Commission

Cushion or FERC Cushion’’ to read as

follows:

§ 63.1271 Definitions.

* * * * *

Control device means any equipment

used for recovering or oxidizing HAP or

volatile organic compound (VOC)

vapors. Such equipment includes, but is

not limited to, absorbers, carbon

absorbers, condensers, incinerators,

flares, boilers, and process heaters. For

the purposes of this subpart, if gas or

vapor from regulated equipment is used,

reused (i.e., injected into the flame zone

of an enclosed combustion device),

returned back to the process, or sold,

then the recovery system used,

including piping, connections, and flow

inducing devices, is not considered to

be a control device or a closed-vent

system.

Custody transfer means the transfer of

natural gas after processing and/or

treatment in the production operations

to pipelines or any other forms of

transportation.

* * * * *

Glycol dehydration unit process vent

means the glycol dehydration unit

reboiler vent and the vent from the GCG

separator (flash tank), if present.

* * * * *

16. Section 63.1272 is amended by

revising paragraph (d) and adding

paragraph (e) to read as follows:

§ 63.1272 Startups, shutdowns, and

malfunctions.

* * * * *

(d) Except as provided in paragraph

(e) of this section, the owner or operator

shall prepare a startup, shutdown, or

malfunction plan as required in

§ 63.6(e)(3), except that the plan is not

required to be incorporated by reference

into the source’s title V permit as

specified in § 63.6(e)(3)(i). Instead, the

owner or operator shall keep the plan on

record as required by § 63.6(e)(3)(v). The

failure of the plan to adequately

minimize emissions during the startup,

shutdown, or malfunction does not

shield an owner or operator from

enforcement actions.

(e) Owners or operators are exempt

from the requirements to prepare a

startup, shutdown, or malfunction plan

for any facility where all of the affected

34556 Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations

sources meet the exemption criteria

specified in § 63.1274(d).

17. Section 63.1274 is amended by

revising paragraph (d) introductory text

and paragraph (d)(1) to read as follows:

§ 63.1274 General standards.

* * * * *

(d) Exemptions. The owner or

operator is exempt from the

requirements of paragraph (c) of this

section if the criteria listed in paragraph

(d)(1) or (2) of this section are met,

except that the records of the

determination of these criteria must be

maintained as required in § 63.1284(d).

(1) The actual annual average flow of

gas to the glycol dehydration unit is less

than 283.0 thousand standard cubic

meters per day, as determined by the

procedures specified in § 63.1282(a)(1);

or

* * * * *

18. Section 63.1275 is amended by

revising paragraphs (a) and (c)(3)

introductory text to read as follows:

§ 63.1275 Glycol dehydration unit process

vents standards.

(a) This section applies to each glycol

dehydration unit subject to this subpart

with an actual annual average natural

gas flowrate equal to or greater than

283.0 thousand standard cubic meters

per day and with actual average benzene

glycol dehydration unit process vent

emissions equal to or greater than 0.90

megagrams per year.

* * * * *

(c) * * *

(3) Control of HAP emissions from a

GCG separator (flash tank) vent is not

required if the owner or operator

demonstrates, to the Administrator’s

satisfaction, that total emissions to the

atmosphere from the glycol dehydration

unit process vent are reduced by one of

the levels specified in paragraph (c)(3)(i)

or (ii) through the installation and

operation of controls as specified in

paragraph (b)(1) of this section.

* * * * *

19. Section 63.1281 is amended by

revising paragraph (e)(2) to read as

follows:

§ 63.1281 Control equipment

requirements.

* * * * *

(e) * * *

(2) The owner or operator shall

document, to the Administrator’s

satisfaction, the conditions for which

glycol dehydration unit baseline

operations shall be modified to achieve

the 95.0 percent overall HAP emission

reduction, either through process

modifications or through a combination

of process modifications and one or

more control devices. If a combination

of process modifications and one or

more control devices are used, the

owner or operator shall also establish

the percent HAP reduction to be

achieved by the control device to

achieve an overall HAP emission

reduction of 95.0 percent for the glycol

dehydration unit process vent. Only

modifications in glycol dehydration unit

operations directly related to process

changes, including but not limited to

changes in glycol circulation rate or

glycol-HAP absorbency, shall be

allowed. Changes in the inlet gas

characteristics or natural gas throughput

rate shall not be considered in

determining the overall HAP emission

reduction due to process modifications.

* * * * *

20. Section 63.1282 is amended by:

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

b. Revising paragraph (b)(6)(i);

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

d. Revising paragraph (d)(3)

introductory text;

e. Revising paragraph (d)(3)(iii)(B)

introductory text;

f. Revising paragraph (d)(3)(iii)(B)(1);

g. Adding paragraph (d)(3)(iii)(B)(4);

h. Revising paragraph (e) introductory

text;

i. Revising paragraph (f)(2)

introductory text;

j. Revising paragraph (f)(2)(iii)

introductory text;

k. Revising paragraph (f)(2)(iii)(A);

l. Revising paragraph (f)(2)(iii)(B); and

m. Revising paragraph (f)(3).

The revisions and addition read as

follows:

§ 63.1282 Test methods, compliance

procedures, and compliance

demonstrations.

(a) * * *

(1) * * *

(ii) The owner or operator shall

document, to the Administrator’s

satisfaction, that the actual annual

average natural gas flowrate to the

glycol dehydration unit is less than

283.0 thousand standard cubic meters

per day.

* * * * *

(b) * * *

(6)(i) Except as provided in paragraph

(b)(6)(ii) of this section, the detection

instrument shall meet the performance

criteria of Method 21 of 40 CFR part 60,

appendix A, except the instrument

response factor criteria in section

3.1.2(a) of Method 21 shall be for the

average composition of the process fluid

not each individual volatile organic

compound in the stream. For process

streams that contain nitrogen, air, or

other inerts which are not organic HAP

or VOC, the average stream response

factor shall be calculated on an inertfree basis.

* * * * *

(d) * * *

(1) * * *

(i) Except as specified in paragraph

(d)(2) of this section, a flare that is

designed and operated in accordance

with § 63.11(b);

* * * * *

(3) For a performance test conducted

to demonstrate that a control device

meets the requirements of

§ 63.1281(d)(1) or (e)(3)(ii), the owner or

operator shall use the test methods and

procedures specified in paragraphs

(d)(3)(i) through (iv) of this section. The

performance test results shall be

submitted in the Notification of

Compliance Status Report as required in

§ 63.1285(d)(1)(ii).

* * * * *

(iii) * * *

(B) The mass rate of either TOC

(minus methane and ethane) or total

HAP (Ei, Eo) shall be computed using

the equations and procedures specified

in paragraphs (d)(3)(iii)(B)(1) through (3)

of this section. As an alternative, the

mass rate of either TOC (minus methane

and ethane) or total HAP at the inlet of

the control device (Ei) may be calculated

using the procedures specified in

paragraph (d)(3)(iii)(B)(4) of this section.

(1) The following equations shall be

used:

E K CM

E K CM

i ij ij

j

n

o oj oj

j

n

=

















=

















=

=

∑

∑

2

1

2

1

 Q

 Q

i

o

Where:

Cij, Coj = Concentration of sample component

j of the gas stream at the inlet and outlet

of the control device, respectively, dry

basis, parts per million by volume.

Ei, Eo = Mass rate of TOC (minus methane

and ethane) or total HAP at the inlet and

outlet of the control device, respectively,

dry basis, kilogram per hour.

Mij, Moj = Molecular weight of sample

component j of the gas stream at the inlet

and outlet of the control device,

respectively, gram/gram-mole.

Qi, Qo = Flowrate of gas stream at the inlet

and outlet of the control device,

respectively, dry standard cubic meter

per minute.

K2 = Constant, 2.494×10¥6 (parts per

million)¥1 (gram-mole per standard

cubic meter) (kilogram/gram) (minute/

hour), where standard temperature is

20 °C.

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34557

n = Number of components in sample.

* * * * *

(4) As an alternative to the procedures

for calculating Ei specified in paragraph

(d)(3)(iii)(B)(1) of this section, the owner

or operator may use the model GRIGLYCalcTM, Version 3.0 or higher, and

the procedures presented in the

associated GRI-GLYCalcTM Technical

Reference Manual. Inputs to the model

shall be representative of actual

operating conditions of the glycol

dehydration unit and shall be

determined using the procedures

documented in the Gas Research

Institute (GRI) report entitled

‘‘Atmospheric Rich/Lean Method for

Determining Glycol Dehydrator

Emissions’’ (GRI–95/0368.1). When the

TOC mass rate is calculated for glycol

dehydration units using the model GRIGLYCalcTM, all organic compounds

(minus methane and ethane) measured

by Method 18, 40 CFR part 60, appendix

A, or Method 25A, 40 CFR part 60,

appendix A, shall be summed. When

the total HAP mass rate is calculated for

glycol dehydration units using the

model GRI-GLYCalcTM, only HAP

chemicals listed in Table 1 of this

subpart shall be summed.

* * * * *

(e) Compliance demonstration for

control devices performance

requirements. This paragraph applies to

the demonstration of compliance with

the control device performance

requirements specified in

§ 63.1281(d)(1) and (e)(3)(ii).

Compliance shall be demonstrated using

the requirements in paragraphs (e)(1)

through (3) of this section. As an

alternative, an owner or operator that

installs a condenser as the control

device to achieve the requirements

specified in § 63.1281(d)(1)(ii) or

(e)(3)(ii) may demonstrate compliance

according to paragraph (f) of this

section. An owner or operator may

switch between compliance with

paragraph (e) of this section and

compliance with paragraph (f) of this

section only after at least 1 year of

operation in compliance with the

selected approach. Notification of such

a change in the compliance method

shall be reported in the next Periodic

Report, as required in § 63.1285(e),

following the change.

* * * * *

(f) * * *

(2) Compliance with the percent

reduction requirement in

§ 63.1281(d)(1)(ii) or (e)(3) shall be

demonstrated by the procedures in

paragraphs (f)(2)(i) through (iii) of this

section.

* * * * *

(iii) Except as provided in paragraphs

(f)(2)(iii)(A), (B), and (D) of this section,

at the end of each operating day the

owner or operator shall calculate the 30-

day average HAP emission reduction

from the condenser efficiencies as

determined in paragraph (f)(2)(ii) of this

section for the preceding 30 operating

days. If the owner or operator uses a

combination of process modifications

and a condenser in accordance with the

requirements of § 63.1281(e), the 30-day

average HAP emission reduction shall

be calculated using the emission

reduction achieved through process

modifications and the condenser

efficiency as determined in paragraph

(f)(2)(ii) of this section, both for the

preceding 30 operating days.

(A) After the compliance date

specified in § 63.1270(d), an owner or

operator of a facility that stores natural

gas that has less than 30 days of data for

determining the average HAP emission

reduction shall calculate the cumulative

average at the end of the withdrawal

season, each season, until 30 days of

condenser operating data are

accumulated. For a facility that does not

store natural gas, the owner or operator

that has less than 30 days of data for

determining average HAP emission

reduction shall calculate the cumulative

average at the end of the calendar year,

each year, until 30 days of condenser

operating data are accumulated.

(B) After the compliance date

specified in § 63.1270(d), for an owner

or operator that has less than 30 days of

data for determining the average HAP

emission reduction, compliance is

achieved if the average HAP emission

reduction calculated in paragraph

(f)(2)(iii)(A) of this section is equal to or

greater than 95.0 percent.

* * * * *

(3) Compliance is achieved with the

emission limitation specified in

§ 63.1281(d)(1)(ii) or (e)(3) if the average

HAP emission reduction calculated in

paragraph (f)(2)(iii) of this section is

equal to or greater than 95.0 percent.

21. Section 63.1283 is amended by:

a. Revising paragraphs (c)(2)(i)(A) and

(B);

b. Revising paragraphs (c)(2)(ii)(A)

through (C);

c. Revising paragraph (d)(1)

introductory text; and

d. Revising paragraph (d)(6)(iii).

The revisions read as follows:

§ 63.1283 Inspection and monitoring

requirements.

* * * * *

(c) * * *

(2) * * *

(i) * * *

(A) Conduct an initial inspection

according to the procedures specified in

§ 63.1282(b) to demonstrate that the

closed-vent system operates with no

detectable emissions. Inspection results

shall be submitted with the Notification

of Compliance Status Report as

specified in § 63.1285(d)(1) or (2).

(B) Conduct annual visual inspections

for defects that could result in air

emissions. Defects include, but are not

limited to, visible cracks, holes, or gaps

in piping; loose connections; or broken

or missing caps or other closure devices.

The owner or operator shall monitor a

component or connection using the

procedures specified in § 63.1282(b) to

demonstrate that it operates with no

detectable emissions following any time

the component or connection is repaired

or replaced or the connection is

unsealed. Inspection results shall be

submitted in the Periodic Report as

specified in § 63.1285(e)(2)(iii).

(ii) * * *

(A) Conduct an initial inspection

according to the procedures specified in

§ 63.1282(b) to demonstrate that the

closed-vent system operates with no

detectable emissions. Inspection results

shall be submitted with the Notification

of Compliance Status Report as

specified in § 63.1285(d)(1) or (2).

(B) Conduct annual inspections

according to the procedures specified in

§ 63.1282(b) to demonstrate that the

components or connections operate

with no detectable emissions.

Inspection results shall be submitted in

the Periodic Report as specified in

§ 63.1285(e)(2)(iii).

(C) Conduct annual visual inspections

for defects that could result in air

emissions. Defects include, but are not

limited to, visible cracks, holes, or gaps

in ductwork; loose connections; or

broken or missing caps or other closure

devices. Inspection results shall be

submitted in the Periodic Report as

specified in § 63.1285(e)(2)(iii).

* * * * *

(d) * * *

(1) For each control device except as

provided for in paragraph (d)(2) of this

section, the owner or operator shall

install and operate a continuous

parameter monitoring system in

accordance with the requirements of

paragraphs (d)(3) through (9) of this

section that will allow a determination

to be made whether the control device

is achieving the applicable performance

requirements of § 63.1281(d) or (e)(3).

Owners or operators that install and

operate a flare in accordance with

§ 63.1281(d)(1)(iii) are exempt from the

requirements of paragraphs (d)(4) and

(5) of this section. The continuous

34558 Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations

parameter monitoring system must meet

the following specifications and

requirements:

* * * * *

(6) * * *

(iii) An excursion occurs when the

monitoring data are not available for at

least 75 percent of the operating hours

in a day.

* * * * *

22. Section 63.1284 is amended by:

a. Revising paragraph (b)(3)

introductory text;

b. Revising paragraphs (b)(4)(i) and

(ii);

c. Revising paragraph (b)(7)(iii); and

d. Revising paragraph (e)(3).

The revisions read as follows:

§ 63.1284 Recordkeeping requirements.

* * * * *

(b) * * *

(3) Records specified in § 63.10(c) for

each monitoring system operated by the

owner or operator in accordance with

the requirements of § 63.1283(d).

Notwithstanding the previous sentence,

monitoring data recorded during

periods identified in paragraphs (b)(3)(i)

through (iv) of this section shall not be

included in any average or percent leak

rate computed under this subpart.

Records shall be kept of the times and

durations of all such periods and any

other periods during process or control

device operation when monitors are not

operating.

* * * * *

(4) * * *

(i) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.1283(d) or specified by the

Administrator in accordance with

§ 63.1283(d)(3)(iii). For flares, the

hourly records and records of pilot

flame outages specified in paragraph (e)

of this section shall be maintained in

place of continuous records.

(ii) Records of the daily average value

of each continuously monitored

parameter for each operating day

determined according to the procedures

specified in § 63.1283(d)(4). For flares,

the records required in paragraph (e) of

this section.

* * * * *

(7) * * *

(iii) Maximum instrument reading

measured by the method specified in

§ 63.1282(b) after the leak or defect is

successfully repaired or determined to

be nonrepairable.

* * * * *

(e) * * *

(3) All hourly records and other

recorded periods when the pilot flame

is absent.

23. Section 63.1285 is amended by:

a. Revising paragraph (d) introductory

text;

b. Adding paragraph (d)(1)(iii);

c. Adding paragraph (d)(2)(iii);

d. Revising paragraph (e)(1);

e. Revising paragraph (e)(2)

introductory text;

f. Revising paragraph (e)(2)(vii); and

g. Adding paragraph (e)(2)(ix).

The revisions and additions read as

follows:

§ 63.1285 Reporting requirements.

* * * * *

(d) Each owner or operator of a source

subject to this subpart shall submit a

Notification of Compliance Status

Report as required under § 63.9(h)

within 180 days after the compliance

date specified in § 63.1270(d). In

addition to the information required

under § 63.9(h), the Notification of

Compliance Status Report shall include

the information specified in paragraphs

(d)(1) through (10) of this section. This

information may be submitted in an

operating permit application, in an

amendment to an operating permit

application, in a separate submittal, or

in any combination of the three. If all of

the information required under this

paragraph have been submitted at any

time prior to 180 days after the

applicable compliance dates specified

in § 63.1270(d), a separate Notification

of Compliance Status Report is not

required. If an owner or operator

submits the information specified in

paragraphs (d)(1) through (10) of this

section at different times, and/or

different submittals, subsequent

submittals may refer to previous

submittals instead of duplicating and

resubmitting the previously submitted

information.

(1) * * *

(iii) The results of the closed-vent

system initial inspections performed

according to the requirements in

§ 63.1283(c)(2)(i) and (ii).

(2) * * *

(iii) The results of the closed-vent

system initial inspections performed

according to the requirements in

§ 63.1283(c)(2)(i) and (ii).

* * * * *

(e) * * *

(1) An owner or operator shall submit

Periodic Reports semiannually

beginning 60 calendar days after the end

of the applicable reporting period. The

first report shall be submitted no later

than 240 days after the date the

Notification of Compliance Status

Report is due and shall cover the 6-

month period beginning on the date the

Notification of Compliance Status

Report is due.

(2) The owner or operator shall

include the information specified in

paragraphs (e)(2)(i) through (ix) of this

section, as applicable.

* * * * *

(vii) Any change in compliance

methods as specified in § 63.1282(e).

* * * * *

(ix) For flares, the records specified in

§ 63.1284(e).

* * * * *

24. In Table 2 of subpart HHH the

entries ‘‘§ 63.6(f)(1)’’ through ‘‘§ 63.7(d)’’

are added, and ‘‘§ 63.9(b)(2)’’ and

‘‘§ 63.10(b)(1)’’ are revised to read as

follows:

TABLE 2.—TO SUBPART HHH—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HHH

General provisions reference Applicable to subpart HHH Explanation

** ** ***

§ 63.6(f)(1) ........ Yes ...........................................................

§ 63.6(f)(2) ........ Yes ...........................................................

§ 63.6(f)(3) ........ Yes ...........................................................

§ 63.6(g) ............ Yes ...........................................................

§ 63.6(h) ............ No ............................................................ Subpart HHH does not contain opacity or visible emission standards.

§ 63.6(i)(1)–

(i)(14).

Yes ...........................................................

§ 63.6(i)(15) ...... No ............................................................ Section reserved.

§ 63.6(i)(16) ...... Yes ...........................................................

§ 63.6(j) ............. Yes ...........................................................

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34559

TABLE 2.—TO SUBPART HHH—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HHH—

Continued

General provisions reference Applicable to subpart HHH Explanation

§ 63.7(a)(1) ....... Yes ...........................................................

§ 63.7(a)(2) ....... Yes ........................................................... But the performance test results must be submitted within 180 days after the compliance date.

§ 63.7(a)(3) ....... Yes ...........................................................

§ 63.7(b) ............ Yes ...........................................................

§ 63.7(c) ............ Yes ...........................................................

§ 63.7(d) ............ Yes ...........................................................

  ** *

§ 63.9(b)(2) ....... Yes ........................................................... Existing sources are given 1 year (rather than 120 days) to submit this notification.

** ** ***

§ 63.10(b)(1) ..... Yes ........................................................... Section 63.1284(b)(1) requires sources to maintain the most recent 12 months of

data on site and allows offsite storage for the remaining 4 years of data.

[FR Doc. 01–16438 Filed 6–28–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 112

[FRL–7003–1]

RIN 2050–AE64

Oil Pollution Prevention and

Response; Non-Transportation-Related

Facilities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: EPA issued a final rule in the

Federal Register of June 30, 2000,

revising requirements for facilities

preparing Facility Response Plans. This

document is being issued to correct

typographical errors, remove

inconsistent rule language, and change

incorrect references in the rule.

EFFECTIVE DATE: June 29, 2001.

FOR FURTHER INFORMATION CONTACT:

Barbara Davis, Oil Program Center, U.S.

Environmental Protection Agency, at

703–603–8823

(davis.barbara@epamail.epa.gov); or the

RCRA/Superfund Hotline at 800–424–

9346 (in the Washington, DC

metropolitan area, 703–412–9810). The

Telecommunications Device for the Deaf

(TDD) Hotline number is 800–553–7672

(in the Washington, DC metropolitan

area, 703–412–3323).

SUPPLEMENTARY INFORMATION:

I. Does This Action Apply to Me?

Non-transportation related facilities

handling, storing, or transporting oil

that are considered ‘‘significant and

substantial harm,’’ as well as certain

other facilities designated by the

Regional Administrator, must submit

Facility Response Plans (FRPs) to the

Agency. The Agency included in the

final rule a more detailed description of

which facilities are potentially affected

by this action. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

II. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

SPCC–9P. The official record consists of

the documents specifically referenced in

this action, any public comments

received during an applicable comment

period, and other information related to

this action, including any information

claimed as Confidential Business

Information (CBI). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the

Superfund Docket, Suite 105, 1235

Jefferson Davis Highway, Crystal

Gateway I, Arlington, VA 22202. You

may inspect the docket between 9 a.m.

and 4 p.m., Monday through Friday,

excluding Federal holidays; and you

may make an appointment to review the

docket by calling 703–603–9232. You

may copy a maximum of 266 pages from

any regulatory docket at no cost. If the

number of pages copied exceeds 266,

however, you will be charged an

administrative fee of $25 and a charge

of $0.15 per page for each page after

266. The docket will mail materials to

you if you are outside of the

Washington, DC metropolitan area.

III. What Does This Technical

Correction Do?

A final rule revising the facility

response plan requirements for nontransportation related facilities

handling, storing, or transporting animal

fats or vegetable oils was published in

the Federal Register of June 30, 2000

(65 FR 40776). This correction is being

published to:

Correct minor typographical errors in

§§ 112.20 and 112.21, and appendix E;

Correct the inadvertent reference to

‘‘petroleum oils’’ in section 8.2.1 of

appendix E (this section is about animal

fats and vegetable oils rather than

petroleum oils, as shown in the title in

section 8.0);

Remove inconsistent language and

combine sections 9.2 and 9.2.1 of

appendix E, which describe USCG

planning levels corresponding to EPA’s

medium discharge;