29876 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 60 and 63

[AD–FRL–5463–1]

RIN 2060–AD9Y

National Emission Standards for

Hazardous Air Pollutants: Petroleum

Refineries

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correcting

amendments.

SUMMARY: This action corrects errors

and clarifies regulatory text of the

‘‘National Emission Standards for

Hazardous Air Pollutants: Petroleum

Refineries,’’ which was issued as a final

rule on August 18, 1995.

EFFECTIVE DATE: June 12, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

James Durham, Waste and Chemical

Processes Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina, 27711, telephone

number (919) 541–5672.

SUPPLEMENTARY INFORMATION: On August

18, 1995 (60 FR 43244), the

Environmental Protection Agency (EPA)

promulgated in the Federal Register

national emission standards for

hazardous air pollutants (NESHAP) for

petroleum refineries. These regulations

were promulgated as subpart CC of 40

CFR part 63. The same notice amended

standards of performance in 40 CFR part

60, subpart VV. This document contains

corrections to typographical and cross

referencing errors in these subparts. A

few editorial clarifications are also being

made to clarify the intent of certain

provisions and correct inconsistencies

between different sections of the rule.

I. Description of Clarifying Changes

A. Compliance Dates

The compliance dates in § 63.640(h)

are being clarified to remove an

inconsistency regarding the compliance

date for marine tank vessels. Section

63.640(h) stated that refineries have 3

years to comply with the NESHAP

unless a case-by-case 1-year extension is

granted. However, § 63.651 cross

references the marine tank vessel

loading rule [40 CFR 63, subpart Y

(September 19, 1995; FR 43388)] which

allows 4 years to comply without

requiring a case-by-case extension.

Therefore, it was unclear in the rule

published on August 18, whether a

compliance extension is required to

allow marine tank vessel loading

operations at refineries 4 years to

comply. The intent was to be consistent

with subpart Y, unless marine tank

vessels are used to generate credit in an

emissions average. Paragraph (h)(3) is

being added to § 63.640 to make it clear

that marine tank vessel loading

operations have 4 years to comply.

However, if marine tank vessels loading

is used to generate credits for an

emissions average, compliance must be

achieved in 3 years unless a case-bycase extension is granted by the

regulatory authority as provided in

§ 63.6(i) of subpart A (the NESHAP

general provisions). Because the other

emission points at a refinery included in

such an emissions average are required

to comply within 3 years of

promulgation, the emissions average

would not balance if the marine tank

vessel loading was not controlled by the

third year. However, regulatory

authorities have the discretion to allow

an extension of up to 1 year for full

implementation of the emissions

average. This decision is best made on

a site-specific basis.

A clarification is also being made to

the wording of § 63.640(h)(4) which

allows Group 1 storage vessels with

floating roofs to comply at the next

degassing and cleaning activity or

within 10 years after promulgation of

the rule, whichever is first. The

clarification will insert the phrase ‘‘after

August 18, 1998’’ after the words

‘‘cleaning activity’’. As explained in the

promulgation preamble, the intent of

this provision was to allow an extension

of up to 10 years for floating roof storage

vessels to achieve full compliance, not

to require compliance prior to the 3-year

compliance time allowed for all other

emission points at refineries. As

originally worded, this paragraph could

have been misinterpreted as requiring

storage vessels that were degassed prior

to the August 18, 1998 compliance date

to come into compliance earlier than the

rest of the refinery.

A clarification is also being made to

§ 63.640(l) regarding compliance times

and reports for addition of emission

points to existing sources. This

paragraph of the promulgated rule is

clear regarding addition of

miscellaneous process vents, storage

vessels, gasoline loading racks, and

marine tank vessel loading operations,

but did not specifically address

equipment leaks. Responses to

comments in section 9 (general

monitoring, recordkeeping, and

reporting comments) of the background

information document for the

promulgated rule (EPA 453/R–95–015b)

clarify that it was not intended that the

addition of pumps, valves, and other

components to an existing source

subject to the equipment leaks standard

trigger new source reporting

requirements. The amended paragraph

clarifies that equipment leak component

additions remain subject to existing

source and not new source

requirements.

Paragraph (m)(2) of § 63.640 has also

been reworded to clarify the timing for

of a compliance schedule submittal

existing sources when a Group 2

emission point becomes a Group 1

emission point. The intended 180-day

time period for submitting the

compliance schedule has not been

changed, but the intent of the previous

wording ‘‘within 180 days after the

change is made or the information

regarding the change is known to the

source’’ has been clarified by the

rewording.

B. Clarification of Exemptions

Paragraph (d)(3) of § 63.640 is being

reworded. This paragraph exempts

equipment that is in organic hazardous

air pollutant (HAP) service less than 300

hours per year. This exemption applies

to the types of equipment listed in the

definition of ‘‘equipment leaks’’ in

§ 63.641. In order to improve clarity, the

specific types of equipment to which

this exemption applies have been listed

in § 63.640(d)(3). The list of equipment

being added to this paragraph exactly

matches the list already included in the

definition of equipment leaks in

§ 63.641.

An exemption for emission points

routed to refinery fuel gas systems is

being added to § 63.640(d). This

exemption is specified in the definition

of ‘‘miscellaneous process vent’’ in

§ 63.641. Putting this exemption in the

applicability section (§ 63.640) makes it

clearer that all emissions routed to fuel

gas systems are exempt from the rule.

C. Definitions

The definitions of ‘‘Group 1 gasoline

loading rack’’ and ‘‘Group 1 marine tank

vessel’’ are being revised for consistency

with 40 CFR part 63 subparts R (the

gasoline distribution NESHAP) and Y

(the marine tank vessel loading

NESHAP). The intent of the refineries

NESHAP was to be consistent with

subparts R and Y in terms of which

loading operations require control.

Sections 63.650 and 63.651 of the

Refineries NESHAP (subpart CC) crossreference subparts R and Y for control

requirements for loading operations.

However, throughput and emissions

applicability criteria in subparts R and

Y were not correctly incorporated in the

Group 1 definitions in § 63.641. The

definition of ‘‘Group 1 gasoline loading
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29877

rack’’ is being revised to mean a

gasoline loading rack classified under

SIC 2911 that is part of a bulk gasoline

terminal with the capacity to load

greater than 75,700 liters per year of

gasoline. This is consistent with subpart

R. The definition of ‘‘Group 1 marine

tank vessel’’ is being revised by

changing the emission rate criteria for

existing sources from 9.1 megagrams per

year of any individual HAP and 13.6

megagrams of any combination of HAPs

to 9.1 megagrams per year of any

individual HAP and 22.7 megagrams of

any combination of HAPs. The revised

definition also clarifies that these

emission rate cutoffs apply only to

existing sources, not to new sources.

These clarifications remove

inconsistencies between the definitions

in § 63.641 of subpart CC and the rules

cross-referenced in §§ 63.650 and

63.651.

The definition of storage vessel is

being clarified by removing the clause

‘‘in organic HAP service’’. This was a

drafting error. The definition was

intended to cover vessels storing organic

liquids. However, the phrase ‘‘in organic

liquid service’’ was used without

recognizing that it is a defined term

used in the equipment leaks section of

the rule to indicate equipment leak

components containing or contacting

fluid that is at least 5 weight percent

organic HAP. The preamble to the final

rule (60 FR 43252) and the ‘‘Group 1

storage vessel’’ definitions make it clear

that storage vessels with lower percent

organic HAP were intended to be

regulated. The ‘‘Group 1 storage vessel’’

definition contains the correct organic

HAP weight percent cutoffs of 4 percent

for existing sources and 2 percent for

new sources, which are discussed in the

preamble for the final rule.

The definition of ‘‘Group 1

miscellaneous process vent’’ is being

revised to clarify that the 20 parts per

million by volume cutoff applies to

organic HAP rather than volatile organic

compounds (VOC). This is consistent

with the definition of ‘‘miscellaneous

process vent’’, which includes vents

containing greater than 20 parts per

million by volume organic HAP and

with the 20 parts per million organic

HAP language in § 63.643. The

definitions of ‘‘miscellaneous process

vent’’ and ‘‘equipment leaks’’ are also

being clarified by specifying that they

do not include emissions from

wastewater collection and conveyance

systems. Air emissions from wastewater

systems are regulated under the

wastewater provisions in § 63.647 of

subpart CC.

Definitions of ‘‘startup’’ and

‘‘shutdown’’ are being added for

clarification. These definitions are

consistent with definitions in the

subpart A General Provisions and the

hazardous organics NESHAP (40 CFR

60, subpart F). Under the General

Provisions, § 63.6(f)(1) states that

emission limits do not apply during

startup, shutdown, and malfunction.

These definitions make it clear that, for

purposes of § 63.6(f)(1) and for the

startup, shutdown, and malfunction

plan, startup and shutdown refer to

startup and shutdown of refinery

process units or unit operations such as

distillation units rather than to

individual components such as pumps.

To further clarify this point, the second

sentence in the definition of ‘‘affected

source’’ has been deleted. This sentence

had been interpreted to mean that

startup, shutdown, and malfunction

plans apply to individual components.

Other minor definition changes are

being made to correct typographical

errors and improve clarity. For example,

in the definition of ‘‘emission point’’,

the word ‘‘gas’’ is changed to

‘‘gasoline’’, and a definition of leakless

valves is being added to clarify which

types of valves are excluded from the

monitoring requirements of the rule.

D. Equations

The term ‘‘R’’ in the equation in

§ 63.642(g) represents the fraction of

emissions from a Group 1 marine tank

vessel loading operation after the

required level of control has been

applied. The phrase ‘‘and 0.05 for new

offshore loading terminals’’ is being

deleted because offshore loading

terminals are not subject to subpart CC.

Therefore, this phrase was not relevant

to the refineries NESHAP, and would

cause confusion.

The EPA is clarifying that the

emissions averaging equations for

gasoline loading racks assume that all

facilities with Group 1 gasoline loading

racks must comply with the

requirements of subpart R regarding

vapor-tightness of gasoline cargo tanks

loaded at the facility, regardless of

whether emissions averaging is used.

Therefore, the emissions credit and

debit calculation equations do not

include terms for estimating emissions

from leakage from gasoline cargo tanks.

(Compliance with subpart R vaportightness provisions is not a new

requirement. There is no change to the

regulation language regarding this

point.)

E. Recordkeeping and Reporting

Section 63.642(e) is being revised to

state that records shall be maintained in

such a manner that they can be readily

accessed within 24 hours, rather than be

maintained on-site for 2 years. This

change is consistent with the discussion

on this issue in section 9 (general

monitoring, recordkeeping and

reporting comments) of the background

information document for this rule. This

change was not incorporated in the

promulgated rule because of a drafting

oversight.

In § 63.654(d), recordkeeping

requirement for equipment leaks are

being added that require owners or

operators to keep a list of valves that are

designated as ‘‘leakless.’’ These valves

are exempt from the valve monitoring

requirements. This recordkeeping

requirement is consistent with

requirements in equipment leak rules

cross-referenced in this subpart, such as

40 CFR part 60, subpart VV. The

requirement was overlooked when

drafting the cross-references to subpart

VV. Owners or operators are also

required to identify equipment in

process units that are subject to the rule

that are not considered in organic HAP

service, and reciprocating compressors

and pumps that are exempt from

equipment leak control requirements.

These requirements are consistent with

the hazardous organic NESHAP

recordkeeping and reporting

requirements which is cross referenced

in the rule.

Section 63.654(h)(1) is being clarified

to explicitly state that reports of startup,

shutdown, and malfunction required by

§ 63.10(d)(5) do not apply to Group 2

emission points at refineries, unless

they are included in an emission

average. This is already stated in table

6, which shows which portions of the

NESHAP general provisions apply to

subpart CC. Table 6 specifies, in

footnote b, that § 63.10(d)(5) does not

apply to Group 2 emission points that

are not included in an emission average,

but it would be clearer to the reader to

also state this in § 63.654(h)(1).

In table 4 of 40 CFR part 63, subpart

CC, the cross-references to § 63.428 (i)

and (j) of 40 CFR part 63, subpart R are

being deleted. These records and reports

pertain to recordkeeping provisions of

subpart R that are applicable to facilities

that have calculated emissions from

bulk terminals and pipeline breakout

stations that fall below a deminimis

level and are not subject to 40 CFR part

63, subpart CC. In table 6 of subpart CC,

the applicability of § 63.6(h) has been

clarified. This requirement is referenced

in portions of the HON rule (40 CFR

part 63, subpart G) and the general

provisions (40 CFR part 63, subpart A)

relating to flares that are crossreferenced from subpart CC, and it was

incorrectly over-ridden in the table.

However, paragraphs relating strictly to
29878 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

opacity remain over-ridden. Paragraphs

specifying the timing of the visible

emissions testing also remain overridden because § 63.645(i) has been

added to 40 CFR part 63, subpart CC to

specify the timing of the visible

emissions tests for flares used to comply

with subpart CC. The timing in

§ 63.645(i) is consistent with the date

the petroleum refinery notification of

compliance status is due, and will avoid

requiring a visible emissions report at a

separate time specified in § 63.6(h).

In table 3 of 40 CFR part 63, subpart

CC, the comments on the recordkeeping

and reporting requirements in § 63.182

(b) and (c) are being corrected to be

consistent with exemptions allowed in

the text.

II. Cross Referencing and

Typographical Errors

Errors in cross-referencing 40 CFR

part 63 subparts G and R, 40 CFR part

60 subpart Kb, and other sections within

subpart CC are being corrected.

Typographical errors are also being

corrected.

List of Subjects in 40 CFR Parts 60 and

63

Air pollution control, Hazardous air

pollutants, Petroleum refineries,

Reporting and recordkeeping

requirements.

Dated: April 17, 1996.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

For the reasons set out in the

preamble, parts 60, and 63 of title 40,

chapter I, of the Code of Federal

Regulations are amended as follows:

PART 60—[AMENDED]

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401–7601.

Subpart VV—[Amended]

2. Section 60.482–10 is amended by

revising paragraph (j) to read as follows:

§ 60.482–10 Standards: Closed vent

systems and control devices.

* * * * *

(j) Any parts of the closed vent system

that are designated, as described in

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

to inspect are exempt from the

inspection requirements of paragraphs

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

comply with the requirements specified

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

section:

* * * * *

PART 63—[AMENDED]

3. The authority citation for part 63

continues to read as follows:

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

Subpart CC—[Amended]

4. Section 63.640 is amended by

revising paragraphs (b) and (d), the last

sentence of paragraph (f)(5), paragraphs

(h)(4), the first sentence of paragraph

(h)(5) introductory text, paragraphs

(l)(3)(iv), by adding paragraphs (h)(3)

and (l)(4), revising paragraphs (m)(2)

and (n)(4), as follows:

§ 63.640 Applicability and designation of

affected source.

* * * * *

(b) For process units that are designed

and operated as flexible operation units,

the applicability of this subpart shall be

determined for existing sources based

on the expected utilization for the 5

years following promulgation of this

subpart and for new sources based on

the expected utilization for the first 5

years after startup.

* * * * *

(d) The affected source subject to this

subpart does not include the emission

points listed in paragraphs (d)(1)

through (d)(5) of this section.

(1) Stormwater from segregated

stormwater sewers;

(2) Spills;

(3) Any pump, compressor, pressure

relief device, sampling connection

system, open-ended valve or line, valve,

or instrumentation system that is

intended to operate in organic

hazardous air pollutant service, as

defined in § 63.641 of this subpart, for

less than 300 hours during the calendar

year;

(4) Catalytic cracking unit and

catalytic reformer catalyst regeneration

vents, and sulfur plant vents; and

(5) Emission points routed to a fuel

gas system, as defined in § 63.641 of this

subpart. No testing, monitoring,

recordkeeping, or reporting is required

for refinery fuel gas systems or emission

points routed to refinery fuel gas

systems.

* * * * *

(f) * * *

(5) * * *. This determination shall be

reported as specified in

§ 63.654(h)(6)(iii).

* * * * *

(h) * * *

(3) Marine tank vessels at existing

sources shall be in compliance with this

subpart no later than August 18, 1999

unless the vessels are included in an

emissions average to generate emission

credits. Marine tank vessels used to

generate credits in an emissions average

shall be in compliance with this subpart

no later than August 18, 1998 unless an

extension has been granted by the

Administrator as provided in § 63.6(i).

(4) Existing Group 1 floating roof

storage vessels shall be in compliance

with § 63.646 at the first degassing and

cleaning activity after August 18, 1998,

or within 10 years after promulgation of

the rule, whichever is first.

(5) An owner or operator may elect to

comply with the provisions of § 63.648

(c) through (i) as an alternative to the

provisions of § 63.648 (a) and (b). * * *

* * * * *

(l) * * *

(3) * * *

(iv) Reports and notifications required

by § 63.182, or 40 CFR 60.487. The

requirements of subpart H of this part

are summarized in table 3 of this

subpart;

* * * * *

(4) If pumps, compressors, pressure

relief devices, sampling connection

systems, open-ended valves or lines,

valves, or instrumentation systems are

added to an existing source, they are

subject to the equipment leak standards

for existing sources in § 63.648. A

notification of compliance status report

shall not be required for such added

equipment.

* * * * *

(m) * * *

(2) The compliance schedule shall be

submitted within 180 days after the

change is made, unless the compliance

schedule has been previously submitted

to the permitting authority. If it is not

possible to determine until after the

change is implemented whether the

emission point has become Group 1, the

compliance schedule shall be submitted

within 180 days of the date when the

affect of the change is known to the

source. The compliance schedule may

be submitted in the next Periodic Report

if the change is made after the date the

Notification of Compliance Status report

is due.

* * * * *

(n) * * *

(4) After the compliance dates

specified in paragraph (h) of this

section, a Group 2 storage vessel that is

part of a new source and is subject to

40 CFR 60.110b, but is not required to

apply controls by 40 CFR 60.110b or

60.112b is required to comply only with

this subpart.

* * * * *

5. Section 63.641 is amended by

revising the definitions of ‘‘Affected

source’’, ‘‘Emission point’’, the last

sentence in ‘‘Equipment leak’’, ‘‘Group

1 gasoline loading rack’’, ‘‘Group 1
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29879

marine tank vessel’’, ‘‘Group 1

miscellaneous process vent’’, the first

sentence in the introductory text of

‘‘Storage vessel’’, and ‘‘Temperature

monitoring device’’, and by adding a

definition for ‘‘Leakless valve’’,

‘‘Startup’’, and ‘‘Shutdown’’ and by

adding a paragraph (13) to the definition

for ‘‘Miscellaneous process vent’’ to

read as follows:

§ 63.641 Definitions.

* * * * *

Affected source means the collection

of emission points to which this subpart

applies as determined by the criteria in

§ 63.640.

* * * * *

Emission point means an individual

miscellaneous process vent, storage

vessel, wastewater stream, or equipment

leak associated with a petroleum

refining process unit; an individual

storage vessel or equipment leak

associated with a bulk gasoline terminal

or pipeline breakout station classified

under Standard Industrial Classification

code 2911; a gasoline loading rack

classified under Standard Industrial

Classification code 2911; or a marine

tank vessel loading operation located at

a petroleum refinery.

Equipment leak * * *. Vents from

wastewater collection and conveyance

systems (including, but not limited to

wastewater drains, sewer vents, and

sump drains), tank mixers, and sample

valves on storage tanks are not

equipment leaks.

* * * * *

Group 1 gasoline loading rack means

any gasoline loading rack classified

under Standard Industrial Classification

code 2911 that is located within a bulk

gasoline terminal that has a gasoline

throughput greater than 75,700 liters per

day. Gasoline throughput shall be the

maximum calculated design throughput

for the terminal as may be limited by

compliance with enforceable conditions

under Federal, State, or local law and

discovered by the Administrator and

any other person.

Group 1 marine tank vessel means a

vessel at an existing source loaded at

any land- or sea-based terminal or

structure that loads liquid commodities

with vapor pressures greater than or

equal to 10.3 kilopascals in bulk onto

marine tank vessels, that emits greater

than 9.1 megagrams of any individual

HAP or 22.7 megagrams of any

combination of HAP annually after

August 18, 1999, or a vessel at a new

source loaded at any land- or sea-based

terminal or structure that loads liquid

commodities with vapor pressures

greater than or equal to 10.3 kilopascals

onto marine tank vessels.

Group 1 miscellaneous process vent

means a miscellaneous process vent for

which the total organic HAP

concentration is greater than or equal to

20 parts per million by volume, and the

total volatile organic compound

emissions are greater than or equal to 33

kilograms per day for existing sources

and 6.8 kilograms per day for new

sources at the outlet of the final

recovery device (if any) and prior to any

control device and prior to discharge to

the atmosphere.

* * * * *

Leakless valve means a valve that has

no external actuating mechanism.

* * * * *

Miscellaneous process vent * * *

(13) Emissions from wastewater

collection and conveyance systems

including, but not limited to,

wastewater drains, sewer vents, and

sump drains.

* * * * *

Shutdown means the cessation of a

petroleum refining process unit or a unit

operation (including, but not limited to,

a distillation unit or reactor) within a

petroleum refining process unit for

purposes including, but not limited to,

periodic maintenance, replacement of

equipment, or repair.

Startup means the setting into

operation of a petroleum refining

process unit for purposes of production.

Startup does not include operation

solely for purposes of testing

equipment. Startup does not include

changes in product for flexible

operation units.

Storage vessel means a tank or other

vessel that is used to store organic

liquids. * * *

Temperature monitoring device

means a unit of equipment used to

monitor temperature and having an

accuracy of ±1 percent of the

temperature being monitored expressed

in degrees Celsius or ±0.5 °C, whichever

is greater.

* * * * *

6. Section 63.642 is amended by

revising paragraphs (e) and (g) as

follows:

§ 63.642 General standards.

* * * * *

(e) Each owner or operator of a source

subject to this subpart shall keep copies

of all applicable reports and records

required by this subpart for at least 5

years except as otherwise specified in

this subpart. All applicable records shall

be maintained in such a manner that

they can be readily accessed within 24

hours. Records may be maintained in

hard copy or computer-readable form

including, but not limited to, on paper,

microfilm, computer, floppy disk,

magnetic tape, or microfiche.

* * * * *

(g) The owner or operator of an

existing source subject to the

requirements of this subpart shall

control emissions of organic HAP’s to

the level represented by the following

equation:

EA = 0.02∑EPV1 + ∑EPV2 + 0.05∑ES1 +

∑ES2 + ∑EGLR1C + ∑EGLR2 + (R)

∑EMV1 + ∑EMV2 + ∑EWW1C +

∑EWW2

where:

EA = Emission rate, megagrams per year,

allowed for the source.

0.02ΣEPV1 = Sum of the residual

emissions, megagrams per year,

from all Group 1 miscellaneous

process vents, as defined in

§ 63.641.

ΣEPV2 = Sum of the emissions,

megagrams per year, from all Group

2 process vents, as defined in

§ 63.641.

0.05ΣES1 = Sum of the residual

emissions, megagrams per year,

from all Group 1 storage vessels, as

defined in § 63.641.

ΣES2 = Sum of the emissions,

megagrams per year, from all Group

2 storage vessels, as defined in

§ 63.641.

ΣEGLR1C = Sum of the residual

emissions, megagrams per year,

from all Group 1 gasoline loading

racks, as defined in § 63.641.

ΣEGLR2 = Sum of the emissions,

megagrams per year, from all Group

2 gasoline loading racks, as defined

in § 63.641.

(R)ΣEMV1 = Sum of the residual

emissions megagrams per year, from

all Group 1 marine tank vessels, as

defined in § 63.641.

R = 0.03 for existing sources, 0.02 for

new sources.

ΣEMV2 = Sum of the emissions,

megagrams per year from all Group

2 marine tank vessels, as defined in

§ 63.641.

ΣEWW1C = Sum of the residual

emissions from all Group 1

wastewater streams, as defined in

§ 63.641. This term is calculated for

each Group 1 stream according to

the equation for EWWic in

§ 63.652(h)(6).

ΣEWW2 = Sum of emissions from all

Group 2 wastewater streams, as

defined in § 63.641.

The emissions level represented by this

equation is dependent on the collection

of emission points in the source. The

level is not fixed and can change as the

emissions from each emission point
29880 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

change or as the number of emission

points in the source changes.

* * * * *

7. Section 63.644 is amended by

revising the last sentence of paragraph

(d) as follows:

§ 63.644 Monitoring provisions for

miscellaneous process vents.

* * * * *

(d) * * *. In order to establish the

range, the information required in

§ 63.654(f)(3) shall be submitted in the

Notification of Compliance Status

report.

* * * * *

8. Section 63.645 is amended by

revising paragraphs (a) and (h)(2), and

by adding paragraph (i), as follows:

§ 63.645 Test methods and procedures for

miscellaneous process vents.

(a) To demonstrate compliance with

§ 63.643, an owner or operator shall

follow § 63.116 except for § 63.116

(a)(1), (d) and (e) of subpart G of this

part except as provided in paragraphs

(b) through (d) and paragraph (i) of this

section.

* * * * *

(h) * * *

(2) Where the recalculated TOC

emission rate is greater than 33

kilograms per day for an existing source

or greater than 6.8 kilograms per day for

a new source, the owner or operator

shall submit a report as specified in

§ 63.654 (f), (g), or (h) and shall comply

with the appropriate provisions in

§ 63.643 by the dates specified in

§ 63.640.

(i) A compliance determination for

visible emissions shall be conducted

within 150 days of the compliance date

using Method 22 of 40 CFR part 60,

Appendix A, to determine visible

emissions.

9. Section 63.646 is amended by

revising paragraphs (a), (d) introductory

text, and (d)(9), and adding (d)(10), as

follows:

§ 63.646 Storage vessel provisions.

(a) Each owner or operator of a Group

1 storage vessel subject to this subpart

shall comply with the requirements of

§§ 63.119 through 63.121 except as

provided in paragraphs (b) through (l) of

this section.

* * * * *

(d) References shall apply as specified

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

this section.

* * * * *

(9) All references to § 63.139(d)(1) in

§ 63.120(d)(1)(ii) of subpart G are not

applicable. For sources subject to this

subpart, such references shall mean that

40 CFR 61.355 is applicable.

(10) All references to § 63.139(c) in

§ 63.120(d)(1)(ii) of subpart G are not

applicable. For sources subject to this

subpart, such references shall mean that

§ 63.647 of this subpart is applicable.

* * * * *

10. Section 63.648 is amended by

revising the first sentences of

paragraphs (c)(9) and (c)(10) as follows:

§ 63.648 Equipment leak standards.

* * * * *

(c) * * *

(9) When complying with the

requirements of § 63.168(e)(3)(i), nonrepairable valves shall be included in

the calculation of percent leaking valves

the first time the valve is identified as

leaking and non-repairable. * * *

(10) If in phase III of the valve

standard any valve is designated as

being leakless, the owner or operator

has the option of following the

provisions of 40 CFR 60.482–7(f). * * *

* * * * *

11. Section 63.650 is amended by

revising paragraph (a) as follows:

§ 63.650 Gasoline loading rack provisions.

(a) Except as provided in paragraphs

(b) through (c) of this section, each

owner or operator of a gasoline loading

rack classified under Standard

Industrial Classification code 2911

located within a contiguous area and

under common control with a

petroleum refinery shall comply with

subpart R, §§ 63.421, 63.422 (a) through

(c), 63.425 (a) through (c), 63.425 (e)

through (h), 63.427 (a) and (b), and

63.428 (b), (c), (g)(1), and (h)(1) through

(h)(3).

* * * * *

12. Section 63.651 is amended by

revising paragraph (a) and adding

paragraph (d), as follows:

§ 63.651 Marine tank vessel loading

operation provisions.

(a) Except as provided in paragraphs

(b) through (d) of this section, each

owner or operator of a marine tank

vessel loading operation located at a

petroleum refinery shall comply with

the requirements of §§ 63.560 through

63.567.

* * * * *

(d) The compliance time of 4 years

after promulgation of 40 CFR part 63,

subpart Y does not apply. The

compliance time is specified in

§ 63.640(h)(3).

13. Section 63.652 is amended by

revising the equation in paragraph (h)(1)

introductory text (the definitions to the

equation remain unchanged) to read as

follows:

§ 63.652 Emissions averaging provisions.

* * * * *

(h) * * *

(1) * * *
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29881

Credits D EPV D EPV EPV

D ES D ES ES

D EGLR D EGLR EGLR

D

iACTUAL iBASE iACTUAL

i

m

i

n

iACTUAL iBASE iACTUAL

i

m

i

n

ACTUAL iBASE iACTUAL

i

m

i

n

= ( ) ( ) − + − ( ) +

( ) ( ) − + − ( ) +

( ) − + − ( ) +

( )

= =

= =

= =

∑ ∑

∑ ∑

∑ ∑

0 02 1 2 2

0 05 1 2 2

2 2

0 03

1 1

1 1

1

1 1

.

.

.

 EPV1

 ES1

 EGLR

 EMV1

iu

iu

ic

iu

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( ) − + − ( ) +

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= =

= =

∑ ∑

∑ ∑

EMV D EMV EMV

D EWW D EWW EWW

iACTUAL iBASE iACTUAL

i

m

i

n

iACTUAL iBASE iACTUAL

i

m

i

n

1 2 2

1 2 2

1 1

1 1

* * *

* * * * *

14. Section 63.653 is amended by

revising paragraph (a)(4) as follows:

§ 63.653 Monitoring, recordkeeping, and

implementation plan for emission

averaging.

(a) * * *

(4) For each gasoline loading rack that

is controlled, perform the testing and

monitoring procedures specified in

§§ 63.425 and 63.427 of subpart R of this

part except § 63.425(d) or § 63.427(c).

* * * * *

15. Section 63.654 is amended by

revising paragraphs (d) introductory

text, (d)(3), adding paragraphs (d)(4),

(d)(5), and (d)(6), revising the first

sentence of paragraph (g)(6)(iii), and

revising paragraphs (g)(8)(ii)(B) and

(h)(1), as follows:

§ 63.654 Reporting and recordkeeping

requirements.

* * * * *

(d) Each owner or operator subject to

the equipment leaks standards in

§ 63.648 shall comply with the

recordkeeping and reporting provisions

in paragraphs (d)(1) through (d)(6) of

this section.

* * * * *

(3) An owner or operator who

determines that a compressor qualifies

for the hydrogen service exemption in

§ 63.648 shall also keep a record of the

demonstration required by § 63.648.

(4) An owner or operator must keep

a list of identification numbers for

valves that are designated as leakless

per § 63.648(c)(10).

(5) An owner or operator must

identify, either by list or location (area

or refining process unit), equipment in

organic HAP service less than 300 hours

per year within refining process units

subject to this subpart.

(6) An owner or operator must keep

a list of reciprocating pumps and

compressors determined to be exempt

from seal requirements as per §§ 63.648

(f) and (i).

* * * * *

(g) * * *

(6) * * *

(iii) Periods of startup and shutdown

that meet the definition of § 63.641, and

malfunction that meet the definition in

§ 63.2 and periods of performance

testing and monitoring system

calibration shall not be considered

periods of excess emissions. * * *

(8) * * *

(ii) * * *

(B) The information required to be

reported by § 63.428 (h)(1), (h)(2), and

(h)(3) for each gasoline loading rack

included in an emissions average,

unless this information has already been

submitted in a separate report;

* * * * *

(h) * * *

(1) Reports of startup, shutdown, and

malfunction required by § 63.10(d)(5).

Records and reports of startup,

shutdown, and malfunction are not

required if they pertain solely to Group

2 emission points, as defined in

§ 63.641, that are not included in an

emissions average. For purposes of this

paragraph, startup and shutdown shall

have the meaning defined in § 63.641,

and malfunction shall have the meaning

defined in § 63.2; and

* * * * *

16. Table 3 in the appendices to

subpart CC is amended by revising

entries 63.182(b) and 63.182 (c) to read

as follows:

TABLE 3.—EQUIPMENT LEAK RECORDKEEPING AND REPORTING REQUIREMENTS FOR SOURCES COMPLYING WITH

§ 63.648 OF SUBPART CC BY COMPLIANCE WITH SUBPART H OF THIS PART a

Reference (section of subpart H of this part) Description Comment

* * * * * * *

63.182(b) ........................................................... Initial notification report requirements .............. Not required.

63.182(c) ........................................................... Notification of compliance status report ........... Except in § 63.182(c); change ‘‘within 90 days

of the compliance dates’’ to ‘‘within 150

days of the compliance dates’’; except in

§§ 63.182 (c)(2) and (c)(4).

* * * * * * *

aThis table does not include all the requirements delineated under the referenced sections. See referenced sections for specific requirements.
29882 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

* * * * *

17. Table 4 in the appendices to subpart CC is revised to read as follows:

TABLE 4.—GASOLINE DISTRIBUTION EMISSION POINT RECORDKEEPING AND REPORTING REQUIREMENTS a

Reference (section of subpart R of this part) Description Comment

63.428(b) ........................................................... Records of test results for each gasoline cargo

tank loaded at the facility.

63.428(c) ........................................................... Continuous monitoring data recordkeeping requirements.

63.428(g)(1) ...................................................... Semiannual report loading rack information ..... Required to be submitted with the periodic report required under 40 CFR part 63 subpart

CC.

63.428 (h)(1) through (h)(3) .............................. Excess emissions report loading rack information.Required to be submitted with the periodic report required under 40 CFR part 63 subpart

CC.

aThis table does not include all the requirements delineated under the referenced sections. See referenced sections for specific requirements.

* * * * *

18. Table 6 in the appendices to subpart CC is amended by revising entries 63.6(h) (1) and (2), 63.6(h) (4) and

(5), 63.6(h)(6) and 63.6(h) (7) through (9) to read as follows:

TABLE 6.—GENERAL PROVISIONS APPLICABILITY TO SUBPART CC a

Reference Applies to

subpart CC b Comment

* * * * * * *

63.6(h) (1) and (2) ........................................................................ Yes

63.6(h) (4) and (5) ........................................................................ No Visible emission requirements and timing in subpart CC.

63.6(h)(6) ...................................................................................... Yes

63.6(h) (7) through (9) .................................................................. No Subpart CC does not require opacity standards.

* * * * * * *

* * * * *

19. Table 8 in the appendices to

subpart CC is amended by revising the

heading of the table, as follows:

TABLE 8.—VALVE MONITORING

FREQUENCY FOR PHASE III

* * *

* * * * *

[FR Doc. 96–10382 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–P