[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Rules and Regulations]
[Pages 34854-34949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13164]
[[Page 34853]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Generic
Maximum Achievable Control Technology (Generic MACT); Final Rule
Process Wastewater Provisions; Proposed Rule
Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules
and Regulations
[[Page 34854]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6346-9]
RIN 2060-AG91, 2060-AF06, 2060-AG94, 2060-AF09, 2060-AE36
National Emission Standards for Hazardous Air Pollutants: Generic
Maximum Achievable Control Technology (Generic MACT)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action promulgates the consolidated rulemaking proposal
published on October 14, 1998. Today's rule establishes our ``generic
MACT standards'' program for setting national emission standards for
hazardous air pollutants (NESHAP) under section 112 of the Clean Air
Act (Act) for certain small source categories consisting of five or
fewer major sources. As part of this generic MACT program, we are
establishing an alternative methodology for making maximum achievable
control technology (MACT) determinations for appropriate small
categories by referring to previous MACT standards that have been
promulgated for similar sources in other categories. The basic purposes
of the generic MACT program are to use public and private sector
resources efficiently, and to promote regulatory consistency and
predictability in MACT standards development.
Today's consolidated rulemaking package includes promulgated MACT
standards that have been developed within the generic MACT framework
for four specific source categories that are included on our list of
categories for which NESHAP are required: acetal resins (AR)
production, acrylic and modacrylic fiber (AMF) production, hydrogen
fluoride (HF) production, and polycarbonate(s) (PC) production.
In this consolidated rulemaking package, we are also promulgating
general control requirements for certain types of emission points for
hazardous air pollutants (HAP), which will then be referenced, as
appropriate, in MACT requirements for individual source categories.
These general control requirements are set forth in new promulgated
subparts and are applicable to storage vessels containing organic
materials, process vents emitting organic vapors, and leaks from
equipment components. In addition, we are promulgating a separate
subpart of requirements for closed vent systems, control devices,
recovery devices and routing emissions to fuel gas systems or a
process.
We have withdrawn the proposed process wastewater provisions from
the promulgated rule. In a supplemental notice of proposed rulemaking
(SNPR) published elsewhere in today's Federal Register, we reopen the
comment period (for 30 days) specifically to request additional comment
on amendments to the proposed standards for process wastewater
provisions for the AR, AMF, and PC production source categories. We
plan to take final action regarding the amendments to the proposed
provisions for process wastewater streams by November 15, 1999 (the
revised date set forth in a proposed consent decree).
EFFECTIVE DATE: The effective date is June 29, 1999.
ADDRESSES: Technical Support Document. The consolidated rulemaking
package promulgated today is supported by a background information
document (BID) that contains a summary of the public comments received
on the proposal and the Administrator's responses to public comments.
This document may be obtained from the docket for this rule, A-97-17,
or through the Internet at http://www.epa.gov/ttn/oarpg/ramain.html or
from the U.S. Environmental Protection Agency Library (MD-35), Research
Triangle Park, North Carolina 27711, telephone (919) 541-2777. Please
refer to ``National Emission Standards for Hazardous Air Pollutants:
Generic Maximum Achievable Control Technology--Background Information
for Acetal Resins, Acrylic and Modacrylic Fiber, Hydrogen Fluoride, and
Polycarbonate Production Promulgated Standards,'' EPA-453/C-99-001.
Docket. A docket, No. A-97-17, containing information considered by
us in the development of the proposed and promulgated standards for the
generic MACT, is available for public inspection between 8:30 a.m. and
5:30 p.m., Monday through Friday (except for Federal holidays), at the
following address: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (MC-6102), 401 M Street SW,
Washington DC 20460, telephone: (202) 260-7548. Our Air Docket section
is located at the above address in Room M-1500, Waterside Mall (ground
floor). Dockets established for each of the source categories
assimilated under the generic MACT standards with this promulgation
include the following: AR production (Docket No. A-97-19); AMF
production (Docket No. A-97-18); HF production (Docket No. A-96-54);
and PC production (Docket No. A-97-16). These dockets include source
category-specific supporting information. The proposed and promulgated
standards, and supporting information are available for inspection and
copying. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning the
promulgated standards, contact the following at the Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711:
----------------------------------------------------------------------------------------------------------------
Phone/Facsimile/ e-
Information Type Contact Group mail address
----------------------------------------------------------------------------------------------------------------
AR Production........................ John M. Schaefer....... Organic Chemicals Group (919) 541-0296/(919)
541-3470/
schaefer.john@epa.gov
AMF Production....................... Anthony P. Wayne....... Policy, Planning and (919) 541-5439/(919)
Standards Group. 541-0942/wayne.
tony@epa.gov
HF Production........................ Richard S. Colyer...... Policy, Planning, and (919) 541-5262/(919)
Standards Group. 541-0942/
colyer.rick@epa.gov
PC Production........................ Mark A. Morris......... Organic Chemicals Group (919) 541-5416/(919)
541-3470/
morris.mark@epa.gov
Recordkeeping and Reporting Belinda Breidenbach.... Office of Enforcement (202) 564-7022
Requirements. and Compliance
Assurance.
Nonsource category-specific.......... David W. Markwordt..... Policy, Planning and (919) 541-0837/ (919)
Standards Group. 541-0942/
[email protected]
v
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The EPA Region contacts are as follows:
[[Page 34855]]
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Information Type Contact EPA Office/Region Phone
----------------------------------------------------------------------------------------------------------------
AR Production...................... Lee Page.............. Region IV............. (404) 562-9131
Robert Todd........... Region VI............. (214) 665-2156
AMF Production..................... Lee Page.............. Region IV............. (404) 562-9131
HF Production...................... Robert Todd........... Region VI............. (214) 665-2156
PC Production...................... Lee Page.............. Region IV............. (404) 562-9131
Bruce Varner.......... Region V.............. (312) 886-6793
Robert Todd........... Region VI............. (214) 665-2156
----------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: The SNPR, the promulgated regulatory text,
and supporting documentation are available in Docket No. A-97-17 or by
request from our Air and Radiation Docket and Information Center (see
ADDRESSES). The SNPR and the promulgated regulatory text are also
available on the Technology Transfer Network (TTN) on our electronic
bulletin boards. The TTN provides information and technology exchange
in various areas of air emissions control. The service is free, except
for the cost of a telephone call. Dial (919) 541-5742 for up to a
14,400 baud per second modem. For further information, contact the TTN
HELP line at (919) 541-5384, from 1:00 p.m. to 5:00 p.m. Monday through
Friday, or access the TTN web site at: http://www.epa.gov/ttn.
Regulated Entities
Entities potentially regulated are those that produce AR, AMF, HF,
and PC and are major sources of HAP as defined in section 112 of the
Act. Regulated categories and entities include the following:
------------------------------------------------------------------------
Category Regulated entities a
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Industry..................... Producers of homopolymers and/or
copolymers of alternating oxymethylene
units.
Producers of either acrylic fiber or
modacrylic fiber synthetics composed of
acrylonitrile (AN) units.
Producers of, and recoverers of HF by
reacting calcium fluoride with sulfuric
acid. For the purpose of implementing
the rule, HF production is not a process
that produces gaseous HF for direct
reaction with hydrated aluminum to form
aluminum fluoride (i.e., the HF is not
recovered as an intermediate or final
product prior to reacting with the
hydrated aluminum).
Producers of polycarbonate.
------------------------------------------------------------------------
a 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 Sec. 63.1104(a)(1), (b)(1), (c)(1), and (d)(1) of the rule. 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.
Judicial Review
Under section 307(b)(1) of the Act, judicial review of this final
rule is available only by filing a petition for review in the United
States Court of Appeals for the District of Columbia Circuit by August
30, 1999. Under section 307(d)(7)(B) of the Act, only an objection to
this rule which was raised with reasonable specificity during the
period for public comment can be raised during judicial review.
Moreover, under section 307(b)(2) of the Act, the requirements
established by today's final action may not be challenged separately in
any civil or criminal proceeding brought by us to enforce these
requirements.
Plain Language
In compliance with President Clinton's June 1, 1998 Executive
Memorandum on Plain Language in government writing, this preamble is
written using plain language. Thus, the use of ``we,'' ``us,'' or
``our'' in this notice refers to the EPA. The use of ``you'' refers to
the reader, and may include industry; State, local, and tribal
governments; environmental groups; and other interested individuals.
The following outline is provided to assist you in reading this
preamble.
I. Why have we developed these regulations?
II. What factors did we consider when developing these standards?
A. Promotion of Public Health and Welfare
B. Statutory and Technical Considerations
C. Stakeholder and Public Participation
III. What are the final standards?
A. Generic MACT Rule Structure
B. Acetal Resins Production Standards
C. Acrylic and Modacrylic Fibers Production Standards
D. Hydrogen Fluoride Production Standards
E. Polycarbonate Production Standards
IV. What are the impacts associated with the final rule?
V. The Legal Basis for the Generic MACT Approach
A. The Generic MACT Approach
B. Criteria for Determining Suitability for Generic MACT
C. Adequacy of Notice and Comment
D. Date for Determining New Sources
VI. What are the significant comments and changes made on the
proposed standards?
A. MACT for Acrylic and Modacrylic Fiber Production--Changes
Made Since Proposal
B. Process and Maintenance Wastewater Stream Provisions
VII. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Executive Order 12875
E. Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act of 1996
F. Unfunded Mandates Reform Act
G. Submittal to Congress and the General Accounting Office
H. National Technology Transfer and Advancement Act
I. Executive Order 13045
J. Executive Order 13084
I. Why Have We Developed These Regulations?
Section 112(b) of the Act (as amended) lists 188 HAP's and directs
us to develop rules to control all major and some area sources emitting
HAP. On July 16, 1992 (57 FR 31576), we published a list of major and
area sources for which NESHAP are to be promulgated. On December 3,
1993 (58 FR 83941), we published a schedule for promulgating standards
for the listed major and area sources. Standards for the acetal resins
production, acrylic and modacrylic fiber production, and polycarbonate
production source categories were scheduled for promulgation by 1997.
The hydrogen
[[Page 34856]]
fluoride production source category was scheduled for promulgation by
the year 2000 but was changed to be scheduled for promulgation by 1997.
We are promulgating standards for the AR, AMF, HF, and PC production
source categories under a May 15, 1999 court-ordered deadline.
II. What Factors Did We Consider When Developing These Standards?
A. Promotion of Public Health and Welfare
The Act was developed, in part,
* * * to protect and enhance the quality of the Nation's air
resources so as to promote the public health and welfare and
productive capacity of its population [the Act, section 101(b)(1)].
Sources that would be subject to the standards promulgated for each of
the source categories (i.e., AR production, AMF production, HF
production, PC production) with today's consolidated rulemaking package
are major sources of HAP emissions on our list of categories scheduled
for regulation under section 112(c)(1) of the Act. Major sources of HAP
emissions are those sources that have the potential to emit greater
than 9.1 megagrams per year (Mg/yr) (10 tons per year (tpy)) of any one
HAP or 22.7 Mg/yr (25 tpy) of any combination of HAP. The HAP that
would be controlled with today's consolidated rulemaking package are
associated with a variety of adverse health effects. Adverse health
effects associated with HAP include chronic health disorders (e.g.,
cancer, aplastic anemia, pulmonary (lung) structural changes), and
acute health disorders (e.g., dyspnea (difficulty in breathing), and
neurotoxic effects.
B. Statutory and Technical Considerations
We regulate stationary sources of HAP under section 112 of the Act.
Section 112(b) (as amended) of the Act lists 188 chemicals, compounds,
or groups of chemicals as HAP. Under section 112, we are directed to
regulate the emission of HAP from stationary sources by establishing
national emission standards.
Section 112(a)(1) of the Act defines a major source as:
* * * any stationary source or group of stationary sources
located within a contiguous area and under common control that emits
or has the potential-to-emit, considering controls, in the aggregate
10 tons per year (tpy) or more of any HAP or 25 tpy or more of any
combination of HAP.
The statute requires that we establish standards to reflect the
maximum degree of reduction in HAP emissions through application of
MACT for major sources on our list of categories scheduled for
regulation under section 112(c)(1) of the Act. We are required to
establish standards that are no less stringent than the level of
control defined under section 112(d)(3) of the Act (this minimal level
of control is referred to as the ``MACT floor.''
We chose to regulate the AR production, AMF production, HF
production, and PC production source categories under one subpart to
streamline the regulatory burden associated with the development of
separate rulemaking packages. All of these source categories have four
or fewer major sources that would be subject to the standards. This
subpart is referred to as the ``generic MACT standards'' subpart. The
generic MACT standards subpart has been structured to allow source
categories with similar emission points and MACT control requirements
to be covered under one subpart.
In the proposal preamble, we provide a discussion on the approach
used to collect and evaluate information pertaining to MACT and the
rationale for our approach for determining MACT for source categories
with a limited population of sources (see 63 FR 55181-55184, October
24, 1998). The rationale for the MACT determination under the MACT
standards for the AR production, AMF production, HF production, and PC
production source categories is also described in the proposal preamble
(see 63 FR 55191-55196, October 24, 1998).
C. Stakeholder and Public Participation
Representatives of the AR production, AMF production, HF
production, and PC production industries and State and local agencies
were consulted in the development of the proposed standards.
Documentation for stakeholder and public participation for these source
categories is included in the docket for these standards (Docket No. A-
97-17). Source category-specific supporting information is maintained
within dockets established for each of these source categories (see
ADDRESSES section of this preamble for Docket information).
The generic MACT standards were proposed in the Federal Register on
October 14, 1998 (63 FR 55178). We placed the proposed notice and
regulatory text, along with supporting documentation, in a docket open
to the public at that time and made them available to interested
parties. Public comments were solicited at the time of proposal.
Comments were specifically requested on the proposed generic MACT
approach and the emission point general control requirement subparts.
To provide interested parties the opportunity for oral presentation
of data, views, or arguments concerning the proposed standards, a
public hearing was offered on November 25, 1998 in Research Triangle
Park, North Carolina.
The public comment period was from October 14, 1998 to January 12,
1999. The most significant comments and responses are discussed in
section VI of this preamble.
III. What Are the Final Standards?
The final rule promulgates standards for AR production, AMF
production, HF production, and PC production that include requirements
that reflect existing emission point control requirements for similar
sources; requirements that are source category-specific; and
requirements that apply to all source categories that are regulated
under the generic MACT standards subpart (e.g., general recordkeeping,
reporting, compliance, operation, and maintenance requirements).
Section III.A of this preamble presents the generic MACT standards
subpart structure, and sections III.B through III.E present a summary
of the promulgated standards applicable to each of the source
categories in the final rule.
The final rule applies to process units and emission points that
are part of a plant site that is a major source as defined in section
112 of the Act. The applicability section of the regulation specifies
what source categories are being regulated and defines the emission
points subject to the rule.
A. Generic MACT Rule Structure
The following discussion presents a summary of the structure of the
standards included in the final rule.
1. Applicability
The final rule allows source categories with similar emission
points and MACT control requirements to be covered under one subpart.
The applicability section specifies the source categories and affected
source for each of the source categories subject to the generic MACT
standards. This section also clarifies the applicability of certain
emission point provisions for which both the generic MACT standards
subpart and other existing Federal regulations might apply.
2. Definitions
The definitions section of the final rule specifies definitions
that apply across source categories.
[[Page 34857]]
3. Compliance Schedule
The compliance schedule section of the final rule provides
compliance dates for new and existing sources.
4. Source Category-specific Applicability, Definitions, and Standards
The source category-specific applicability, definitions and
standards section of the final rule specifies the definitions, and
standards that apply to an affected source based on applicability
criteria, for each source category.
5. Applicability Assessment Procedures and Methods
If you are an owner or operator of an affected source, the
applicability assessment procedures and methods sections of the final
rule provide procedures for you to follow when assessing whether
control requirements under the standard applicability section of the
rule apply. Standard applicability assessment procedures (as
applicable) are footnoted in the standard requirement applicability
tables specified for each source category.
6. Generic Standards and Procedures for Approval for an Alternative
Means of Emissions Limitation
The remaining sections of the final rule contain provisions that
apply across source categories within the generic MACT subpart. These
provisions include generic compliance, maintenance, monitoring,
recordkeeping, and reporting requirements. An alternative means of
emission limitation to the design, operational, work practice, or
equipment standards specified for each source category within the
generic MACT subpart may also be established as provided in
Sec. 63.1113 of 40 CFR part 63, subpart YY (Generic MACT Standards).
B. Acetal Resins Production Standards
The AR production standard regulates HAP emissions from storage
vessels storing process feed materials, process vents, and equipment
leaks from compressors, agitators, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, connectors, and
instrumentation systems. Requirements are the same for both existing
and new sources.
1. Storage Vessels
Storage vessels with specified sizes that store materials with
specified vapor pressures are required to control HAP emissions by
using an external floating roof equipped with specified primary and
secondary seals; by using a fixed roof with an internal floating roof
equipped with specified seals; or by covering and venting emissions
through a closed vent system to one of the following:
a. A recovery device or an enclosed combustion device that achieves
a HAP control efficiency 95 percent.
b. A flare.
2. Process Vents From Continuous Unit Operations (Back End and Front
End Process Vents)
Front end process vents are required to control HAP or total
organic compound (TOC) emissions by venting emissions through a closed
vent system to a flare, or venting emissions through a closed vent
system to any combination of control devices that reduces emissions of
HAP or TOC by 60 percent by weight or to a concentration of 20 ppmv,
whichever is less stringent. Back end process vents with a total
resource effectiveness index value (TRE) less than 1.0 are required to
control HAP or TOC emissions by venting emissions through a closed vent
system to a flare, or avoid control requirements venting emissions
through a closed vent system to any combination of control devices that
reduces emissions of HAP or TOC by 98 percent by weight or to a
concentration of 20 parts per million by volume (ppmv), whichever is
less stringent; or by achieving and maintaining a TRE index value
greater than 1.0.
3. Equipment Leaks
For equipment containing or contacting HAP in amounts 5
percent, HAP emissions are required to be controlled through the
implementation of a leak detection and repair (LDAR) program for
affected equipment.
C. Acrylic and Modacrylic Fibers Production Standards
The final standards for AMF production consist of standards that
regulate acrylonitrile (AN) emissions from storage vessels, process
vents, fiber spinning lines, process wastewater treatment systems; and
equipment leaks. Requirements for individual sources are, for the most
part, the same for both existing and new sources. The one exception is
fiber spinning lines. The requirements for spinning lines at new or
modified sources remain the same as those proposed (i.e., an 85 percent
AN reduction) with the addition of an alternative performance standard
that limits spinning line emissions to 0.25 kilograms AN per megagram
(Mg) of fiber produced.
The requirements for existing spinning lines at existing AMF
sources have been revised to better reflect existing spinning solution
AN concentrations and subsequent emissions relative to the two types of
polymerization processes used in the industry. Separate control
requirements are being included in the final rule to reflect the
differences in the two polymerization processes relative to spinning
solution or spin dope residual AN concentrations and the technical
feasibility of applying source reduction measures.
As an alternative to these individual source requirements, if you
own or operate an affected AMF production facility you can comply with
the final rule by controlling facility-wide AN emissions (not including
equipment leaks) to a level such that emissions do not exceed 0.5
kilograms of AN per Mg of fiber produced (1.0 pound AN per ton of fiber
produced) for existing sources, and 0.25 kilograms of AN per Mg of
fiber produced (0.5 pounds AN per ton of fiber produced) for new
sources.
1. Storage Vessels
Storage vessels storing process feed material would be required to
control AN emissions by using an external floating roof equipped with
specified primary and secondary seals; using a fixed roof with an
internal floating roof equipped with specified seals; or by venting
emissions through a closed-vent system to one of the following:
a. A recovery device that achieves a HAP control efficiency
95 percent;
b. An enclosed combustion control device that achieves a HAP
control efficiency 98 percent; or
c. A flare.
2. Continuous Process Vents
Process vents with vent streams with a HAP concentration
50 ppmv would be required to control HAP emissions by
venting vapors through a closed-vent system to a recovery or control
device that reduces emissions of HAP or TOC by 98 weight-percent or to
a concentration of 20 ppmv, whichever is less stringent, by using a
flare or by venting and using any combination of combustion, recovery,
and/or recapture devices. If the controlled vent stream is halogenated,
emissions are required to be vented to a halogen reduction device that
reduces hydrogen halides and halogens by 99 percent or to less than
0.45 kilograms per hour (kg/hr) either prior to or after (other than by
using a flare) reducing the HAP or TOC by 98 weight-percent.
[[Page 34858]]
3. Fiber Spinning Lines
Spinning lines at suspension polymerization existing sources are
required to reduce the spin dope AN concentration to 100 (ppmw) or
less. No additional AN specific emission reduction levels have been
identified in this final rule for these sources. No control
requirements are specified in the final rule for existing spinning
lines at solution polymerization sources. New and modified sources are
required either to reduce AN emissions by greater than or equal to 85
percent, reduce the spin dope AN concentration to 100 ppmw, or limit
spinning line emissions to 0.25 kilograms AN per Mg (0.5 lb AN per ton)
of fiber produced.
4. Equipment Leaks
For equipment containing or contacting AN in amounts 10
percent, HAP emissions would be required to be controlled through the
implementation of an LDAR program for affected equipment. This
requirement applies to equipment leaks from compressors, agitators,
pressure relief devices, sampling connection systems, open-ended valves
or lines, valves, connectors, or instrumentation systems.
We chose to regulate AMF production facilities based on the control
of pollutant streams containing AN. This pollutant is the principal HAP
associated with and emitted from AMF production facilities. Other
organic HAP constituents, where present, would only be associated with
those pollutant streams containing AN. We expect that where sources
control AN emissions, comparable levels of control will be achieved for
other organic HAP emitted from AMF production facilities.
D. Hydrogen Fluoride Production Standards
The HF production standards regulate HAP emissions from storage
vessels; process vents on HF recovery and refining vessels; bulk
loading of HF liquid into tank trucks and railcars; and equipment leaks
from compressors, agitators, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, connectors, or
instrumentation systems. Requirements are the same for both existing
and new sources.
1. Storage Vessels and Transfer Racks
Storage vessels and transfer loading racks are required to control
HF emissions by venting to a recovery system or wet scrubber designed
and operated to achieve a 99 percent by weight removal efficiency.
2. Process Vents From Continuous Unit Operations
Process vents for HF recovery and refining are required to control
HF emissions by venting emissions to a wet scrubber designed and
operated to achieve a 99 percent by weight HF removal efficiency.
3. Equipment Leaks
All equipment leaks are controlled through a LDAR program.
E. Polycarbonate Production Standards
The PC production standards regulate organic HAP emissions from
process vents, storage vessels, and equipment leaks. Different
requirements and applicability criteria apply for existing and new
sources.
1. Storage Vessels
Storage vessels with specified sizes that store materials with
specified vapor pressures are required to control organic HAP emissions
by using an external floating roof equipped with specified primary and
secondary seals; by using a fixed roof with an internal floating roof
equipped with specified seals; or by venting emissions through a closed
vent system to a control device. Some vessels must use a closed vent
system and recovery or control device, based on vessel size and the
vapor pressure of the stored material.
2. Process Vents
Process vents from continuous unit operations and combined vent
streams (combinations of streams from continuous and/or batch unit
operations) that have a TRE index value less than or equal to 2.7 are
required to control organic HAP emissions by venting emissions through
a closed vent system to a control device that reduces total organic HAP
by 98 percent by weight, or reduces the concentration of total organic
HAP or TOC to 20 ppmv, whichever is less stringent.
3. Equipment Leaks
For equipment containing or contacting organic HAP in amounts
5 percent, organic HAP emissions are required to be
controlled through the implementation of an LDAR program for affected
equipment.
IV. What Are the Impacts Associated With the Final Rule?
The impacts resulting from the promulgated standards for the source
categories (i.e., AR production, AMF production, HF production, and PC
production) are determined relative to the baseline that is set at the
level of control in absence of the rule. The emissions reductions
associated with the application of the control or recovery devices for
the regulated source categories are expected to be small as the AR,
AMF, HF, and PC production facilities affected by this rule essentially
already have a level of control equivalent to that determined to be
MACT.
Based on previous impacts analyses associated with the application
of the control and recovery devices required under the standards and
because each of the four regulated source categories have only five or
fewer major sources, we believe that there will be minimal, if any,
adverse environmental or energy impacts associated with the final
standards.
Likewise, based on available information, we estimate that the cost
and economic impacts of the final standards for the four source
categories being regulated will be insignificant or minimal. The
economic analyses for each of the four source categories can be
obtained from the dockets established for these source categories (see
ADDRESSES).
V. The Legal Basis for Generic MACT Approach
A. The Generic MACT Approach
The basic objectives of generic MACT are to conserve our limited
resources, avoid unnecessary duplication of effort, and encourage
consistency in our regulatory determinations. The generic MACT concept
is based on applying the knowledge that we have already gained in the
development of MACT standards under section 112 of the Act to source
categories with a small number of facilities. As the source category
becomes smaller, the likelihood that the best control strategies will
have already been implemented for the sources in that category also
becomes smaller. Thus, as the source category becomes smaller, it is
more important for us when determining MACT for existing sources to
consider control strategies that have been evaluated for similar types
of sources in other source categories.
Just as we need to look beyond the source category itself in
determining MACT for smaller source categories, the statutory MACT
floor becomes increasingly less important as a regulatory safeguard as
the number of facilities used to determine it declines. This is not
only because the existing emission controls in a small source category
are likely to be less representative of the range of practical
technologies and strategies. It also is because, in the larger source
categories,
[[Page 34859]]
the MACT floor is derived from a subset of all sources in the category
which have achieved greater control.
While we have concluded that the statutory scheme is in fact
somewhat ambiguous with respect to deriving a MACT floor for source
categories with five or fewer sources, in developing the generic MACT
concept, we have nevertheless assumed that compliance with the MACT
floor is required in all instances. However, we also have concluded
that there are circumstances where we may reasonably determine
compliance with the MACT floor without a separate numerical analysis.
One circumstance where we believe a non-quantitative evaluation may be
appropriate occurs when the information we have collected concerning
sources in a small category (i.e. a category with five or fewer
sources) supports a basic premise that they are similar to a larger
group of previously regulated sources, and where we adopt a MACT
standard which is based on the prior MACT determinations for the larger
group of sources. In this circumstance, the small number of sources in
the category, our prior experience with MACT determinations for similar
sources in other categories, and the efficacious use of public and
private resources make a non-quantitative evaluation of MACT floor
compliance appropriate.
In each of the prior standards from which a generic MACT standard
is derived, we selected a level of control equal to or greater than the
MACT floor for the category in question, and each of those MACT floors
was itself derived from a subset of the category in question consisting
of the best-controlled facilities. So long as our evaluation of the
sources in a small category according to our criteria for similarity
(as summarized below) indicates that they are like the sources we
previously regulated, and we do a separate MACT analysis rather than
adopting a generic standard whenever we find that the sources in the
small category have achieved greater control or are otherwise unlike
the previously regulated sources in a meaningful way, we believe that a
generic standard will meet all the statutory requirements.
Several commenters stated that the proposed generic MACT approach
does not comply with the statutory scheme because a two-step analysis
beginning with a numerical MACT floor determination is mandatory. To
the extent that these comments are based on an assumption that our
practice has always been to prepare a quantitative MACT floor analysis
for a particular group of emission points before determining MACT for
those emission points, this premise is incorrect. In some instances, we
have determined that a particular MACT requirement is sufficient to
assure compliance with the MACT floor based on a qualitative analysis
of the emission points in question.
We are not suggesting that the question of compliance with the
statutory MACT floor can be disregarded. If the commenters have
concluded that we intend to ignore this issue in developing generic
MACT standards, they have misunderstood our proposal. However, to the
extent that the commenters instead are arguing that we have no
discretion to establish alternate methodologies for determining
compliance with the MACT floor, we disagree.
Even if we assume that the MACT floor provision applies to small
categories, the statute requires only that we conclude that the MACT
floor has been met by the promulgated standard. We do not agree that
the statute requires us to use exactly the same methodology in every
instance. A recent decision by the D.C. Court of Appeals expressly held
that we ``have wide latitude in determining the extent of data-
gathering'' required to determine compliance with the MACT floor, and
that we may base our conclusions on a ``reasonable inference.'' Sierra
Club v. EPA, No. 97-1686 (D.C. Cir. March 2, 1999), slip op. at 7-9.
No source category will be selected for inclusion in the Generic
MACT program until we have collected the information pertaining to
sources in that category necessary to evaluate such sources according
to the specific criteria for similarity set forth below. In practice,
these criteria cannot be applied unless we have collected information
which would also be sufficient to permit a general qualitative
assessment of those existing controls which would represent the MACT
floor for that category. If the information we have collected for a
category which is a candidate for Generic MACT suggests that a MACT
standard derived from our prior MACT determinations for sources in
other categories would be less stringent than a MACT floor derived from
such existing controls, we will not utilize Generic MACT in that
instance. We believe our process for seeking early stakeholder
involvement in development of a proposed standard will assure that we
have sufficient information concerning existing emission controls at
affected facilities to apply these criteria.
Generic MACT standards will always be adopted by notice and comment
rulemaking. If we have incorrectly evaluated the issue of MACT floor
compliance, affected sources in the category and other interested
persons will have an opportunity to point this out during the comment
period. If we conclude, based on such comments, that a small source
category or one or more facilities within a small source category is
not an appropriate candidate for generic MACT, we will not use our
generic data base to determine MACT for that category or facility.
There were no commenters who argued directly that a standard
developed using the generic MACT approach might be insufficiently
stringent to satisfy the MACT floor, although certain industry
commenters did state that omission of a separate numerical MACT floor
analysis is impermissible. In evaluating this argument, we believe that
the key point is that the standard that affected industry sources must
ultimately meet is MACT itself, not the MACT floor.
If we were to erroneously adopt a Generic MACT standard less
stringent than the MACT floor, this would have no adverse effect on the
sources in question. Moreover, if we correctly determine MACT for a
small source category and the resultant standard happens to be more
stringent than the MACT floor for that category, the manner in which we
determined compliance with the MACT floor would not be relevant when
assessing any effect on the sources in question.
The commenters may believe that doing a quantitative MACT floor
analysis will assist us in discovering meaningful differences between
the sources in a small category and the larger groups of facilities
used in deriving the generic MACT standard to be applied to that
category. These commenters may be concerned that our utilizing a
generic approach in developing certain MACT standards will cause us to
disregard such differences. This type of concern about the quality of
our analysis on the issue of similarity is reasonable. We agree that
the issue of similarity must be carefully evaluated before we elect to
utilize a generic MACT approach for sources in a small category.
One industry commenter states that the generic MACT approach does
not meet statutory requirements because we must perform a ``cost-
benefit evaluation'' for each decision to impose control requirements
beyond the MACT floor. This commenter contends that this cost-benefit
evaluation must be based on the incremental costs and benefits of
additional controls as compared to the MACT floor. This
[[Page 34860]]
commenter also asserts that this cost-benefit analysis would consider
potential differences in ``public exposure'' and ``health benefits''
between the sources in a small category and the sources from which a
generic MACT standard was derived. These comments do not correctly
interpret statutory requirements.
We are required to consider the cost of achieving emission
reductions, and any non-air quality health and environmental impacts
and energy requirements, in deciding what level of control constitutes
MACT. This basic statutory requirement is applicable to all MACT
standards, including any proposed generic MACT standard. Those emission
controls which have already been demonstrated at facilities in the
source category in question are obviously relevant to our determination
of MACT. But the commenter is incorrect in implying that there is a
direct connection between calculation of the MACT floor and the
determination of MACT itself.
The assertion by this commenter that public exposure or the direct
health benefits of reductions in HAP emissions are a factor in
establishing MACT is also incorrect. Congress created the present
statutory approach requiring MACT standards to replace a prior process
where NESHAPs were based on health risks rather than on the
practicality of controls. Although we do not consider health risks in
determining MACT, the relative magnitude of the incremental emission
reductions which particular controls would achieve may be an element in
our determination whether particular controls would be cost effective.
Moreover, there are other Section 112 programs such as the urban
strategy and residual risk assessment where we will be considering the
potential health risks presented by HAPs.
If a commenter persuades us that there are differences between a
source or group of sources and the source categories from which we
derived a generic MACT standard, and that these differences are
sufficiently material to make adoption of that standard inappropriate
(taking into account the cost of achieving emission reductions, and any
non-air quality health and environmental impacts and energy
requirements), we will establish MACT for that source or group of
sources by an alternative methodology. In instances where it is
appropriate, we may adopt such an alternative final standard as part of
an existing rulemaking. We may also use elements of one of the standard
standards in formulating an alternative standard for that source or
group of sources.
Indeed, there is an example of this approach among the standards we
are promulgating today. We originally proposed to apply the same
generic standard to all AMF production facilities. During the comment
period, one of these facilities persuaded us that there are significant
differences between AMF spinning operations and the sources from which
we derived the proposed standard for spinning operations, which make
emission controls based on enclosure of AMF spinning impractical. The
degree of control which is attainable without enclosure also differs
depending on whether an existing facility uses a suspension
polymerization or solution polymerization process. The final standard
includes separate requirements for each of these two types of spinning
operations, but is otherwise based on generic MACT procedures.
B. Criteria for Determining Suitability of Generic MACT
Three commenters noted that the criteria which we will use in
deciding whether a small source category is a suitable candidate for
use of generic MACT were discussed in the preamble of the proposal but
were not included in the proposed regulatory text. These commenters
recommended that we incorporate such criteria in the regulatory text.
We agree that objective criteria for making the determination of
similarity are needed and that we should apply such criteria in a
consistent manner each time we elect to utilize generic MACT
procedures. We also agree that we should discuss the criteria we are
utilizing, and the manner in which we have applied such criteria,
whenever we decide that a small source category is an appropriate
candidate for the generic MACT approach.
Although we do not believe that it is necessary that we incorporate
such criteria in specific regulatory text, for the sake of clarity we
will restate our criteria here. In deciding whether or not a source
category or subcategory is sufficiently similar to a group of sources
that we have previously regulated that it would be appropriate for us
to derive generic control requirements from prior MACT determinations,
we will consider each of the following factors:
(1) Differences in the volume and concentration of HAP emissions,
(2) Differences in the type of HAPs emitted,
(3) Differences in the type of emission points subject to control,
(4) Differences in the technical practicality and cost-
effectiveness of emission controls,
(5) Whether the source category or subcategory being considered for
generic control requirements presents unusual hazards that may have
caused prior adoption of control requirements more stringent than those
which would be derived from prior MACT determinations, and
(6) Whether sources in the source category or subcategory being
considered for generic control requirements have already achieved
emission limitations more stringent than those which would be derived
from prior MACT determinations. In addition to these criteria, we may
also decide to consider other factors in making future similarity
determinations.
One commenter also raised a specific concern about the issue of
similarity which suggests that the commenter did not fully understand
our position. In the preamble we discussed factors which might undercut
``the basic premise that [a small source category] is similar to the
larger group of previously regulated sources.'' The commenter
interpreted this statement as indicating that we might start with a
basic premise of similarity for source categories under consideration
for generic MACT which must then be refuted. This is an incorrect
interpretation. We were referring to the basic premise of similarity
which must be satisfied before we conclude that use of generic MACT is
appropriate. We will apply our criteria first and will not select a
source category for inclusion in generic MACT if we conclude that it is
different in a material way from the sources we have previously
regulated.
C. Adequacy of Notice and Comment
One commenter argues that, since sources in a small source category
could not have anticipated that previous MACT determinations for large
source categories would serve as precedents for the MACT determination
for their source category, generic MACT procedures deny due process to
such sources. We strongly disagree with this argument. Things we learn
in developing one standard are often useful when we develop subsequent
standards. There is no reason why we should not use our previous
experience in a constructive manner merely because a regulated party
did not participate in the prior rulemaking.
Each time generic MACT procedures are used, we will do notice and
comment rulemaking. Each source in a small source category will have a
full opportunity to explain why our
[[Page 34861]]
previous experience does not apply to its circumstances, or to argue
otherwise that the source category is not a suitable candidate for the
generic MACT approach.
D. Date for Determining New Sources
One commenter expressed concern that sources in small categories
subjected to Generic MACT in the future would be considered new sources
if constructed or reconstructed after the proposal date for this
current rulemaking. This result would not be reasonable and is not our
intention. The date used to determine whether a source is a new source
under section 112(a)(4) will be the date on which we specifically
propose to apply Generic MACT standards to the source category in
question.
VI. What Are the Significant Comments and Changes Made on the
Proposed Standards?
A complete summary of the public comments on the generic MACT
standards and our responses are presented in the BID for the
promulgated standards, as referenced in the ADDRESSES section of this
preamble. The summary of comments and responses in the BID serve as the
basis for the revisions that have been made to the standards between
proposal and promulgation. We received many comments addressing a wide
variety of issues, including the generic MACT approach and the proposed
standards. The comments have been carefully considered, and, where
determined to be appropriate by the Administrator, changes have been
made in the promulgated standards.
The following sections discuss the most significant issues raised
by commenters and our responses to them.
A. MACT for Acrylic and Modacrylic Fiber Production--Changes Made Since
Proposal
1. Definitions
In today's final rule for AMF production, a definition of ``spin
dope'' has been added to resolve applicability issues and to clarify
the intent of the standards for spinning lines under the rules. In the
proposed rule, spinning line control requirements were based on an
applicability cutoff for AN concentration in the ``spinning solution or
spin dope.'' Commenters stated that the use of the term spinning
solution alone could cause some confusion because the bath into which
the fiber polymer and solvent mixture (i.e., spin dope) is extruded is
also referred to in these terms. They also suggested that the term
``spin dope'' be defined to clarify that the concentration cutoff
refers to the AN content of the mixture of polymer and solvent that is
fed to the spinneret to form the fibers. The final rule contains the
definition of spin dope and clarifies the use of both terms, spinning
solution and spin dope, for purposes of applicability to control
requirements.
2. Standards for Spinning Lines
During the spinning process, unreacted monomer and organic solvent
used to dissolve the polymer are volatilized into room air. Major
process fugitive emission points include the filtering, spinning,
washing, drying and crimping steps.
At proposal, we concluded that if enclosures were constructed to
capture the spinning process emissions, the resulting enclosed emission
streams would have similar characteristics to the process vent streams
covered by other parts of this standard where we had already determined
MACT for similar vents in the chemical and related industries. This is
the basis for the synthetic fiber new source performance standard
(NSPS), 40 CFR Part 60 Subpart HHH, regarding volatile organic compound
(VOC) emissions. Because of the AMF industry fiber spinning emission
similarities, we concluded that MACT for AMF fiber spinning lines with
a spinning monomer AN concentration equal to or greater than 100 ppmw
was the use of an enclosure around the spinning and washing areas of
the spinning line and venting the captured emissions of the enclosure
to an appropriate control device. The overall AN emission reductions
proposed were to achieve overall control efficiency of greater than or
equal to 85 percent by weight. This value was proposed and is based on
the assumption that the enclosure achieves a minimum capture efficiency
of 90 percent by weight, and the captured vapor stream is routed to an
organic recovery or destruction control device that achieves a total
HAP reduction of 95 percent by weight or greater.
The proposed rule contained flexibility for facilities in selecting
methods to reduce HAP emissions from their operations. There are two
types of polymerization and spinning operations utilized at AMF
production plants: solution and suspension processes. Several of the
plants using the suspension process have used source reduction/
pollution prevention techniques to significantly reduce the amount of
residual AN monomer in the fiber spinning solution or spin dope. By
reducing the AN content prior to spinning and fiber processing, this
source reduction technique reduces the amount of AN that is ultimately
volatilized into the room air and emitted to the atmosphere. The
proposal preamble argued that it was appropriate to establish an
alternative for those owners and operators who prefer to use source
reduction or pollution prevention measures to reduce spinning line AN
emissions rather than install capture/add-on control systems for their
spinning lines under the individual source standards. Specifically, a
maximum limit on the residual AN content within the spinning monomer
which provided a level of AN emission control comparable to add-on
controls was proposed. This was represented by the 100 ppmw cutoff in
table 2 of the proposed rule. Therefore, in the proposed rule, capture/
add-on control systems were required only for those spinning lines
using a spinning solution or spin dope having a total organic HAP
(i.e., AN monomer) concentration equal or greater than 100 ppmw. The
100 ppmw criterion or action level was based on estimates of the amount
of residual AN monomer in the spin dope found in suspension
polymerization process with application of source reduction measures
(i.e., pollution prevention) to remove the residual AN prior to
spinning.
Public comments on the proposal argued that the similarity
arguments regarding capture/add-on control systems were not valid. They
also argued that there are differences between existing solution and
suspension processes which need to be considered in establishing
emission limits for existing processes. We reassessed the control
requirements for spinning operations based on these comments. In doing
so, a series of questions were considered, as outlined in the following
paragraphs.
i. Are there capture/control systems being used on spinning
operations in this industry? Do we have MACT regulations requiring
capture/add-on control for similar processes in other industries? In
practice, there are no AMF production facilities within this source
category which have enclosed and captured the emissions from their
spinning lines and vented them to a control device. The success of add-
on controls system applications to existing fiber spinning lines relies
on enclosure of the existing spinning lines. The MACT process vent
rules used as the basis for the similarity argument in the proposal
preamble apply to processes which are typically already enclosed (e.g.,
reactors) or very easily enclosed as a normal part of the process,
whether
[[Page 34862]]
the emissions are controlled or not. Enclosing spinning operations
requires consideration of a variety of factors such as worker access
and safety requirements that must be factored into retrofitting designs
unique to this industry. We have not been able, at this time, to
identify MACT standards beyond those considered at proposal which apply
to situations sufficiently similar to the AMF spinning lines to use as
the basis for a similarity argument.
Some existing spinning line processes are subject to the NSPS for
synthetic fiber production plants. The commenters pointed out that
these spinning lines are in compliance with the NSPS through source
reduction measures rather than the NSPS identified reduction techniques
of installing enclosures and add-on control devices. As a result of our
review of the spinning line emissions and proposed rule basis of
enclosure and control, we have concluded that the original assumption
of similar enclosure and control applications does not apply to these
existing spinning lines.
ii. Can the pollution prevention control techniques being used by
several of the plants with suspension spinning operations be used for
the solution process in existing facilities? Although the air emission
and source characteristics for all other emission point types (i.e.,
tanks, equipment components, wastewater treatment units) are similar
throughout the source category, the solution and suspension processes
associated with the spinning operations differ from each other in the
processing steps and the acrylonitrile concentrations in the process
materials and associated emissions. Solution polymerization spin dope
for fiber production contains, by product and process design, a
significantly higher concentration of residual AN monomer than does
suspension polymerization. The public comments argued that the
application of the pollution prevention techniques being used for
suspension processes (e.g., steam stripping of excess monomer,
scavenger solvents) to existing solution processes is not viable
because of the physical nature of the solution polymerization process.
Specifically, application of high efficiency residual AN polymer steam
stripping (incorporated to reduce downstream emissions) is technically
feasible to incorporate into the suspension process and is not feasible
for a solution polymerization process because the latter does not
produce a solid polymer product that can be introduced to direct steam
contact without contamination. At solution polymerization facilities,
other pollution prevention or source reduction measures which formed
the initial technical basis for determining the 100 ppmw action level
for all spinning lines may not be capable of achieving the higher AN
removal rates of the higher residual monomer concentration present in
solution polymerization fiber spinning operations. We agree with the
public comments that incorporating the pollution prevention techniques
to an existing solution process spinning line is not viable.
iii. Are there any other control systems that could be applied to
the solution process? We considered control of all HAP emissions from
the entire building's exhaust system. Such an exhaust would have very
high flow/low pollutant concentration stream; such streams are
typically difficult to control to a high level of efficiency and also
require very large, expensive control devices. In addition, the public
comments pointed out that retrofitting carbon adsorption to the
building exhaust may not be a technically viable alternative for
existing AMF spinning lines. This is because low volatility organic
solvent is typically used in the solution process to provide the
reductions of VOC emissions to meet the NSPS. This solvent has a much
higher molecular weight and boiling point than either the AN or organic
solvents typically used. Solvents are also present in a higher emission
exhaust concentration relative to the AN; thus, exacerbating common
carbon bed adsorption/desorption problems. This is a reasonable
argument with respect to the specific solvent formulation and
concentration anticipated at the emission point (building exhaust). The
use of activated carbon appears to have limited feasibility because of
carbon adsorption interferences caused by the non-HAP, low volatility
organic solvent used in the spinning process. In addition, the presence
of a solvent with a high boiling point makes cost-effective measures
such as on-site regeneration of the activated carbon less effective or
viable for consideration. We, therefore, have not identified at this
time a basis for requiring building exhaust control systems for
solution processes. There can also be potential difficulties associated
with retrofitting other conventional control technologies at existing
fiber spinning lines. The particular solvents used on some spinning
operations may require that a scrubber be installed in addition to a
catalytic or thermal incinerator to control pollutants generated as by-
products of combustion. In addition, the catalyst used for catalytic
incineration devices may also be limited because the solvent used in
some of the affected existing operations will foul or poison
conventional catalyst.
iv. What changes need to be made to the final rule for existing
sources to reflect these considerations? We concluded that there is no
basis at this time to require capture and control systems for existing
AMF fiber spinning operations. Therefore, the 85 percent control
requirement is being removed for existing AMF spinning operations.
In addition, the solution and suspension processes are being
treated separately in the final rule to better reflect spin dope AN
concentrations and subsequent emissions relative to the two types of
polymerization processes used in this industry. The performance
requirement based on source reduction measures (i.e., formatted in
terms of the spin dope AN concentration) is being retained for existing
suspension polymerization processes; this will ensure that facilities
continue to use the techniques they have already adopted. Therefore, a
separate performance requirement or emission limit (i.e., the 100 ppmw
spin dope criterion for suspension polymerization) is being included in
the final rule to reflect the differences in spinning solution or spin
dope residual AN concentrations and the technical feasibility of
applying source reduction measures at existing facilities. In the
proposed rule, the spin dope concentration limit was formatted as an
applicability criterion for the spinning line control requirements; in
the final rule, the format has been changed to specify the limit as an
alternative performance standard. This is considered a format change
only and does not result in any substantive changes to the source
requirements. No control requirements are specified for solution
polymerization processes at existing sources. We will reexamine the
applicability of various control system options for spinning operations
using the solution process during the residual risk analysis phase of
these standards. Any new information will be collected and the
viability of systems designed specifically for this industry will be
assessed.
v. Are there any changes for new sources? The final requirements
for AMF fiber spinning lines that are part of a new or modified source
remain as proposed. The operating and design constraints that limit the
application of enclosures and controls at new spinning operations
(e.g., selection of solvents from a variety of possible solvents used
for particular fibers, reactor process
[[Page 34863]]
modifications to accommodate new monomers, spin line configuration
layouts, and other process and site considerations), are not limiting
factors for new and modified sources; therefore, the new and modified
source MACT requirements are not being significantly revised. The 85
percent reduction option has been retained for new sources in order to
provide flexibility for future development of means to achieve
equivalent emission reductions, and the source reduction performance
limit (i.e., the 100 ppmw spin dope concentration) is also included to
provided operational and control flexibility.
An additional control option for new and modified sources that was
not proposed is being added to the final rule. This option is part of
the individual source standards in Sec. 63.1103(b)(3)(i) and allows the
owner or operator to reduce AN emissions from a spinning line that is a
part of a new or modified source to less than or equal to 0.25
kilograms per Mg of fiber produced (i.e., 0.5 lb per ton). This
alternative standard will allow greater flexibility to facility owners
and operators in selecting the type of controls, including pollution
prevention measures, that can be applied to their spinning operations
to reduce HAP emissions.
An additional change is being made to the AMF standards to correct
an inadvertent typographical error. In Table 3 to Sec. 63.1103 that
lists the requirements for owners and operators complying with
paragraph (b)(3)(ii) of the section, the facility-wide emission limits
are presented as ``. . . less than or equal to 1.0 kilograms (kg) pf
acrylonitrile per megagram (mg) of fiber produced'' for existing
sources and ``* * * less than or equal to 0.5 kilograms (kg) of
acrylonitrile per megagram (mg) of fiber produced'' for new sources.
These values should read ``* * * less than or equal to 0.5 kilograms
(kg) of acrylonitrile per megagram (mg) of fiber produced (i.e., 1.0
pound AN per ton of fiber produced)'' for existing sources and ``* * *
less than or equal to 0.25 kilograms (kg) of acrylonitrile per megagram
(mg) of fiber produced (i.e., 0.5 pound AN per ton of fiber produced)''
for new sources. The correct values for the emissions limits are
clearly stated in the preamble to the proposed rule (63 FR 55185,
October 14, 1998). These same values are also included in our
presumptive MACT document (Docket Item 11-A-5 in Docket No. A-97-18)
that was developed in collaboration with the industry and State and
local agencies.
B. Process and Maintenance Wastewater Stream Provisions
Two commenters provided comment on the process wastewater stream
provisions proposed on October 14, 1998. One commenter provided that
the proposed provisions do not specify the location for determining HAP
concentration. The commenter stated that it seems appropriate to make
this determination at the entrance to each wastewater treatment system
unit. The commenter recommended that a definition for ``point of
determination'' be made and that references to ``point of generation''
be changed to ``point of determination.'' The commenter also stated
that an owner or operator should be allowed to use all of the test
methods specified in subparts F,G, and H of this part (collectively
known as the ``HON'') when determining HAP concentrations in
wastewater.
Another commenter stated that there was no information or
requirements for treatment or destruction of wastewater streams leaving
the process unit, and that the proposal only requires control of
secondary emissions from equipment handling the wastewater stream.
Based on comments received, and evaluation of the proposed process
and maintenance wastewater stream provisions, we agree that the
proposed process and maintenance wastewater stream provisions were not
adequate. In addition to the identified applicability procedures and
treatment requirement deficiencies, we identified a number of other
deficiencies in the proposed standards that were not intended.
Therefore, we have deferred taking final action regarding
provisions applicable to process and maintenance wastewater streams for
the AR, AMF, and PC production source categories. We have withdrawn the
proposed process and maintenance wastewater provisions from the
promulgated rule.
In a SNPR published elsewhere in today's Federal Register, we
reopen the comment period specifically to request additional comment on
proposed amendments to the promulgated standards for process and
maintenance wastewater for the AR, AMF, and PC production source
categories. The amendments to the promulgated standards incorporate and
cross-reference appropriate process and maintenance wastewater
provisions of the HON for the AR, AMF, and PC production source
categories. These amendments respond to comments received, eliminate
identified deficiencies that existed in the proposed standards, and
reflect our intent.
We plan to take final action regarding the amendments to the
proposed provisions for process wastewater streams for the AR, AMF, and
PC production source categories by November 15, 1999.
VII. Administrative Requirements
A. Docket
The docket is an organized and complete file of the administrative
record compiled by us in the development of this rule. The docket is a
dynamic file, since material is added throughout the rulemaking
development. The docketing system is intended to allow members of the
public and industries involved to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the statement of basis and purpose of the proposed and
promulgated standards and our responses to significant comments, the
contents of the docket will serve as the record in case of judicial
review (except for interagency review materials) (see 42 U.S.C.
7607(d)(7)(A)).
B. Paperwork Reduction Act
The information collection requirements in this rule have been
submitted for approval to OMB under the Paperwork Reduction Act, 44
U.S.C. 3501, et seq. An Information Collection Request (ICR) document
has been prepared by us (ICR No. 1871.02) and a copy may be obtained
from Sandy Farmer, OPPE Regulatory Information Division, U.S.
Environmental Protection Agency (2137), 401 M Street, SW, Washington,
DC 20460 or by calling (202) 260-2740. The information requirements are
not effective until OMB approves them.
The information collections required under this rule are needed as
part of the overall compliance and enforcement program. The information
will be used by us to ensure that the regulated entities are in
compliance with the rule. In addition, our authority to take
administrative action would be reduced significantly without the
collected information. The recordkeeping and reporting requirements are
mandatory and are being established under section 114 of the Act. The
generic MACT standards require owners or operators of affected sources
to retain records for a period of 5 years. The 5-year retention period
is consistent with the General Provisions (subpart A) of 40 CFR part
63, and with the 5-year record retention requirement in the operating
permit program under title V of the Act.
[[Page 34864]]
All information submitted to us for which a claim of
confidentiality is made will be safeguarded according to our policies
set forth in title 40, chapter 1, part 2, subpart B, Confidentiality of
Business Information (see 40 CFR part 2; 41 FR 36902, September 1,
1976; amended by 43 FR 3999, September 8, 1978; 43 FR 42251, September
28, 1978; and 44 FR 17674, March 23, 1979).
The total estimated annual average hourly and annual average cost
burden per respondent for the standards for the AR production, AMF
production, HF production, and PC production source categories are
6,125 hours and $262,700. These burden hour and cost estimates for
monitoring, recordkeeping, and reporting are aggregated for affected
sources and averaged over the first 3 years of the rule.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
Any Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for our
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, we have determined
that this final rule may be construed as a ``significant regulatory
action'' under criterion (4) above. Today's final rule may be
considered novel in certain respects because it includes new policies
and procedures pertaining to a generic MACT program, which will be
utilized by us in establishing NESHAP under section 112 of the Act for
certain small source categories consisting of five or fewer sources. As
part of this generic MACT program, we will be using an alternative
methodology under which the we will make MACT determinations for
appropriate small categories by referring to previous MACT standards
that have been promulgated for similar sources in other categories. The
basic purposes of this generic MACT program are to use public and
private sector resources efficiently and to promote regulatory
consistency and predictability in MACT standard development.
D. Executive Order 12875
Under Executive Order 12875, we may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or we consult with those governments. If we comply by
consulting, Executive Order 12875 requires us to develop an effective
process permitting elected officials and other representatives of
State, local and tribal governments ``to provide meaningful and timely
input in the development of regulatory proposals containing significant
unfunded mandates.'' Today's rule implements requirements specifically
set forth by the Congress in section 112 of the Act without the
exercise of any discretion by us. Accordingly, the requirements of
section 1(a) of Executive Order 12875 do not apply to this rule.
E. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act of 1996
The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), requires the EPA to give special consideration to
the effect of Federal regulations on small entities and to consider
regulatory options that might mitigate any such impacts. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions.
Each of the specific MACT standards adopted in this rulemaking
applies to a source category with five or fewer major sources;
therefore, this rule will not have a significant impact on a
substantial number of small entities, and a regulatory flexibility
analysis was determined to be unnecessary.
The Generic MACT procedures we are announcing today may also be
applied to other small source categories in the future. Moreover, it is
possible that the MACT standards for some larger source categories may
reference or incorporate some element of the generic standards we are
adopting for certain types of emission points. In any case, the nature
of any regulatory impacts and the applicability of RFA requirements are
matters that will be separately addressed in any subsequent rulemaking
that utilizes Generic MACT procedures or incorporates generic
standards.
Although it was not required by the statute, we conducted a limited
assessment of possible outcomes and the economic effect of the proposed
standards on small entities as part of the economic analysis conducted
before proposal for each of the source categories for which standards
are being promulgated. These limited assessments showed no adverse
economic effect for any small entities within any of these source
categories. Changes that have been made since proposal do not change
the results of these assessments. The economic analysis for each of the
source categories for which standards are being promulgated can be
obtained from the source category-specific dockets established for each
of the source categories (see Docket in ADDRESSES section for
individual docket numbers).
F. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act (UMRA) of
1995, Pub. L. 104-4, we must prepare a budgetary impact statement to
accompany any proposed or final rule that includes a Federal mandate
that may result in estimated costs to State, local or tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Section 203 requires us to establish a
plan for obtaining input from and
[[Page 34865]]
informing, educating, and advising any small governments that may be
significantly or uniquely affected by the rule.
Under section 205 of UMRA, we must identify and consider a
reasonable number of regulatory alternatives before promulgating a rule
for which a budgetary impact statement must be prepared. The Agency
must select from those alternatives the least burdensome alternative
for State, local, and tribal governments and the private sector that
achieves the objectives of the rule, unless the Agency explains why
this alternative is not selected or unless the selection of this
alternative is inconsistent with law.
Because this final rule does not include a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year, we have not prepared a budgetary impact statement or specifically
addressed the selection of the least costly, most cost-effective, or
least burdensome alternative. In addition, because small governments
will not be significantly or uniquely affected by this rule, we are not
required to develop a plan with regard to small governments. Therefore,
the requirements of UMRA do not apply to this final rule.
G. Submittal to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the SBREFA of 1996, 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. Therefore, we will submit a
report containing this rule and other required information to the
United States Senate, the United States House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This rule is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective June 29, 1999.
H. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (the NTTAA), Pub. L. No. 104-113, Sec. 12(d)
(15 U.S.C. 272 note), we are directed to use voluntary consensus
standards instead of government-unique standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. By doing so, the Act is intended to reduce the
cost to the private and public sectors.
Voluntary consensus standards are technical standards (e.g.,
materials specifications, test methods, sampling procedures, etc.) that
are developed or adopted by one or more voluntary consensus standards
bodies. Examples of organizations generally regarded as voluntary
consensus standards bodies include the American Society for Testing and
Materials (ASTM), International Organization for Standardization (IOS),
International Electrotechnical Commission (IEC), American Petroleum
Institute (API), National Fire Protection Association (NFPA), and the
Society of Automotive Engineers (SAE). The NTTAA requires Federal
agencies like us to provide Congress, through OMB, explanations when
the we decide not to use available and applicable voluntary consensus
standards.
This action does not require the use of any new technical
standards. It does, however, incorporate by reference existing
technical standards, including government-unique technical standards.
The technical standards included in this final rule are standards that
have been proposed and promulgated under other rulemakings for similar
source control applicability and compliance determinations. In response
to the proposed rule, we received no comments pertaining to the use of
additional voluntary consensus standards in lieu of those included
under other rulemakings and incorporated by reference in this final
rule.
As part of a larger effort, we are undertaking a project to cross-
reference existing voluntary consensus standards in testing, sampling,
and analysis, with current and future EPA test methods. When completed,
this project will assist us in identifying potentially applicable
voluntary consensus standards that can then be evaluated for
equivalency and applicability in determining compliance with future
regulations.
I. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that we determine (1) is economically
significant as defined under Executive Order 12866, and (2) the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by us.
This final rule is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866. No children's risk analysis was performed for
this rulemaking because the agency does not have the data necessary to
conduct such analysis, and cannot obtain such data with available
resources.
J. Executive Order 13084
Under Executive Order 13084, we may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
cost incurred by the tribal governments, or we consult with those
governments. If we comply by consulting, Executive Order 13084 requires
us to provide to the Office of Management and Budget, in a separately
identified section of the preamble to the rule, a description of the
extent of our prior consultation with representatives of affected
tribal governments, a summary of the nature of their concerns, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 13084 requires us to develop an effective process
permitting elected officials and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.'' Today's rule implements requirements specifically
set forth by Congress in section 112 of the Act without the exercise of
any discretion by us. Accordingly, the requirements of section 3(b) of
Executive Order 13084 do not apply to this rule.
List of Subjects for 40 CFR Part 63
Environmental protection, Acetal resins production, Acrylic and
modacrylic fiber production, Administrative practice and procedure, Air
pollution control, Equipment leaks, Fiber spinning lines, Hazardous
substances, Hydrogen fluoride production, Intergovernmental relations,
Kilns, Polycarbonate production, Process vents, Reporting and
recordkeeping requirements, Storage vessels, Transfer.
[[Page 34866]]
Dated: May 14, 1999.
Carol M. Browner,
Administrator.
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--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR AFFECTED SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et. seq.
2. Part 63 is amended by adding subpart SS, consisting of
Secs. 63.980 through 63.999, to read as follows.
Subpart SS--National Emission Standards for Closed Vent Systems,
Control Devices, Recovery Devices and Routing to a Fuel Gas System or a
Process
Sec.
63.980 Applicability.
63.981 Definitions.
63.982 Requirements.
63.983 Closed vent systems.
63.984 Fuel gas systems and processes to which storage vessel,
transfer rack, or equipment leak regulated materials emissions are
routed.
63.985 Nonflare control devices used to control emissions from
storage vessels and low throughput transfer racks.
63.986 Nonflare control devices used for equipment leaks only.
63.987 Flare requirements.
63.988 Incinerators, boilers, and process heaters.
63.989 [Reserved].
63.990 Absorbers, condensers, and carbon adsorbers used as control
devices.
63.991 [Reserved].
63.992 [Reserved].
63.993 Absorbers, condensers, carbon adsorbers and other recovery
devices used as final recovery devices.
63.994 Halogen scrubbers and other halogen reduction devices.
63.995 Other control devices.
63.996 General monitoring requirements for control and recovery
devices.
63.997 Performance test and flare compliance assessment
requirements for control devices.
63.998 Recordkeeping requirements.
63.999 Notifications and other reports.
Subpart SS--National Emission Standards for Closed Vent Systems,
Control Devices, Recovery Devices and Routing to a Fuel Gas System
or a Process
Sec. 63.980 Applicability.
The provisions of this subpart include requirements for closed vent
systems, control devices and routing of air emissions to a fuel gas
system or process. These provisions apply when another subpart
references the use of this subpart for such air emission control. These
air emission standards are placed here for administrative convenience
and only apply to those owners and operators of facilities subject to a
referencing subpart. The provisions of 40 CFR part 63, subpart A
(General Provisions) do not apply to this subpart except as specified
in a referencing subpart.
Sec. 63.981 Definitions.
Alternative test method means any method of sampling and analyzing
for an air pollutant that is not a reference test or equivalent method,
and that has been demonstrated to the Administrator's satisfaction,
using Method 301 in appendix A of this part 63, or previously approved
by the Administrator prior to the promulgation date of standards for an
affected source or affected facility under a referencing subpart, to
produce results adequate for the Administrator's determination that it
may be used in place of a test method specified in this subpart.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
By compound means by individual stream components, not carbon
equivalents.
Closed vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device. Closed vent system does not include
the vapor collection system that is part of any tank truck or railcar.
Closed vent system shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
material from a closed vent system or part of a closed vent system
consistent with safety constraints and during which repairs can be
effected. An unscheduled work practice or operational procedure that
stops production from a process unit or part of a process unit for less
than 24 hours is not a closed vent system shutdown. An unscheduled work
practice or operational procedure that would stop production from a
process unit or part of a process unit for a shorter period of time
than would be required to clear the closed vent system or part of the
closed vent system of materials and start up the unit, and would result
in greater emissions than delay of repair of leaking components until
the next scheduled closed vent system shutdown, is not a closed vent
system shutdown. The use of spare equipment and technically feasible
bypassing of equipment without stopping production are not closed vent
system shutdowns.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part, used to sample, condition (if
applicable), analyze, and provide a record of process or control system
parameters.
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 63.998(b).
Control device means, with the exceptions noted below, a combustion
device, recovery device, recapture device, or any combination of these
devices used to comply with this subpart or a referencing subpart. For
process vents from continuous unit operations at affected sources in
subcategories where the applicability criteria includes a TRE index
value, recovery devices are not considered to be control devices.
Primary condensers on steam strippers or fuel gas systems are not
considered to be control devices.
Control System means the combination of the closed vent system and
the control devices used to collect and control vapors or gases from a
regulated emission source.
Day means a calendar day.
Ductwork means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Final recovery device means the last recovery device on a process
vent stream from a continuous unit operation at an affected source in a
subcategory where the applicability criteria includes a TRE index
value. The final recovery device usually discharges to a combustion
device, recapture device, or directly to the atmosphere.
First attempt at repair, for the purposes of this subpart, means to
take action for the purpose of stopping or reducing leakage of organic
material to the atmosphere, followed by monitoring as specified in
Sec. 63.983(c) to verify whether the leak is repaired, unless the owner
or operator determines by other means that the leak is not repaired.
Flame zone means the portion of the combustion chamber in a boiler
or
[[Page 34867]]
process heater occupied by the flame envelope.
Flow indicator means a device which indicates whether gas flow is,
or whether the valve position would allow gas flow to be, present in a
line.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous streams generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous streams for use as fuel gas in combustion
devices or in-process combustion equipment such as furnaces and gas
turbines, either singly or in combination.
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards, such as ANSI
B31.3.
High throughput transfer rack means those transfer racks that
transfer a total of 11.8 million liters per year or greater of liquid
containing regulated material.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section present is
not physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by
ducts or connections carrying flue gas. The above energy recovery
section limitation does not apply to an energy recovery section used
solely to preheat the incoming vent stream or combustion air.
Low throughput transfer rack means those transfer racks that
transfer less than a total of 11.8 million liters per year of liquid
containing regulated material.
Operating parameter value means a minimum or maximum value
established for a control device parameter which, if achieved by itself
or in combination with one or more other operating parameter values,
determines that an owner or operator has complied with an applicable
emission limit or operating limit.
Organic monitoring device means a unit of equipment used to
indicate the concentration level of organic compounds based on a
detection principle such as infra-red, photo ionization, or thermal
conductivity.
Owner or operator means any person who owns, leases, operates,
controls, or supervises a regulated source or a stationary source of
which a regulated source is a part.
Performance level means the level at which the regulated material
in the gases or vapors vented to a control or recovery device is
removed, recovered, or destroyed. Examples of control device
performance levels include: achieving a minimum organic reduction
efficiency expressed as a percentage of regulated material removed or
destroyed in the control device inlet stream on a weight-basis;
achieving an organic concentration in the control device exhaust stream
that is less than a maximum allowable limit expressed in parts per
million by volume on a dry basis corrected to 3 percent oxygen if a
combustion device is the control device and supplemental combustion air
is used to combust the emissions; or maintaining appropriate control
device operating parameters indicative of the device performance at
specified values.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission limit as specified in
the performance test section of this subpart or in the referencing
subpart.
Primary fuel means the fuel that provides the principal heat input
to a device. To be considered primary, the fuel must be able to sustain
operation without the addition of other fuels.
Process heater means an enclosed combustion device that transfers
heat liberated by burning fuel directly to process streams or to heat
transfer liquids other than water. A process heater may, as a secondary
function, heat water in unfired heat recovery sections.
Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are
not limited to, absorbers, carbon adsorbers, and condensers. For
purposes of the monitoring, recordkeeping and reporting requirements of
this subpart, recapture devices are considered recovery devices.
Recovery device means an individual unit of equipment capable of
and normally used for the purpose of recovering chemicals for fuel
value (i.e., net positive heating value), use, reuse, or for sale for
fuel value, use, or reuse. Examples of equipment that may be recovery
devices include absorbers, carbon adsorbers, condensers, oil-water
separators or organic-water separators, or organic removal devices such
as decanters, strippers, or thin-film evaporation units. For purposes
of the monitoring, recordkeeping, and reporting requirements of this
subpart, recapture devices are considered recovery devices.
Referencing subpart means the subpart which refers an owner or
operator to this subpart.
Regulated material, for purposes of this subpart, refers to vapors
from volatile organic liquids (VOL), volatile organic compounds (VOC),
or hazardous air pollutants (HAP), or other chemicals or groups of
chemicals that are regulated by a referencing subpart.
Regulated source for the purposes of this subpart, means the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a relevant standard or other
requirement established pursuant to a referencing subpart.
Repaired, for the purposes of this subpart, means that equipment;
is adjusted, or otherwise altered, to eliminate a leak as defined in
the applicable sections of this subpart; and unless otherwise specified
in applicable provisions of this subpart, is inspected as specified in
Sec. 63.983(c) to verify that emissions from the equipment are below
the applicable leak definition.
Routed to a process or route to a process means the gas streams are
conveyed to any enclosed portion of a process unit where the emissions
are recycled and/or consumed in the same manner as a material that
fulfills the same function in the process; and/or transformed by
chemical reaction into materials that are not regulated materials; and/
or incorporated into a product; and/or recovered.
Run means one of a series of emission or other measurements needed
to determine emissions for a representative operating period or cycle
as specified in this subpart. Unless otherwise specified, a run may be
either intermittent or continuous within the limits of good engineering
practice.
Secondary fuel means a fuel fired through a burner other than the
primary fuel burner that provides supplementary heat in addition to the
heat provided by the primary fuel.
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow
rate, pH, or liquid level.
Specific gravity monitoring device means a unit of equipment used
to monitor specific gravity and having a minimum accuracy of
0.02 specific gravity units.
Temperature monitoring device means a unit of equipment used to
monitor temperature and having a
[[Page 34868]]
minimum accuracy of 1 percent of the temperature being
monitored expressed in degrees Celsius or 1.2 degrees
Celsius ( deg.C), whichever is greater.
Sec. 63.982 Requirements.
(a) General compliance requirements for storage vessels, process
vents, transfer racks, and equipment leaks. An owner or operator who is
referred to this subpart for controlling regulated material emissions
from storage vessels, process vents, low and high throughput transfer
racks, or equipment leaks by venting emissions through a closed vent
system to a flare, nonflare control device or routing to a fuel gas
system or process shall comply with the applicable requirements of
paragraphs (a)(1) through (4) of this section.
(1) Storage vessels. The owner or operator shall comply with the
applicable provisions of paragraphs (b), (c)(1), and (d) of this
section.
(2) Process vents. The owner or operator shall comply with the
applicable provisions of paragraphs (b), (c)(2), and (e) of this
section.
(3) Transfer racks. (i) For low throughput transfer racks, the
owner or operator shall comply with the applicable provisions of
paragraphs (b), (c)(1), and (d) of this section.
(ii) For high throughput transfer racks, the owner or operator
shall comply with the applicable provisions of paragraphs (b), (c)(2),
and (d) of this section.
(4) Equipment leaks. The owner or operator shall comply with the
applicable provisions of paragraphs (b), (c)(3), and (d) of this
section.
(b) Closed vent system and flare. Owners or operators that vent
emissions through a closed vent system to a flare shall meet the
requirements in Sec. 63.983 for closed vent systems; Sec. 63.987 for
flares; Sec. 63.997 (a), (b) and (c) for provisions regarding flare
compliance assessments; the monitoring, recordkeeping, and reporting
requirements referenced therein; and the applicable recordkeeping and
reporting requirements of Secs. 63.998 and 63.999. No other provisions
of this subpart apply to emissions vented through a closed vent system
to a flare.
(c) Closed vent system and nonflare control device. Owners or
operators who control emissions through a closed vent system to a
nonflare control device shall meet the requirements in Sec. 63.983 for
closed vent systems, the applicable recordkeeping and reporting
requirements of Secs. 63.998 and 63.999, and the applicable
requirements listed in paragraphs (c)(1) through (3) of this section.
(1) For storage vessels and low throughput transfer racks, the
owner or operator shall meet the requirements in Sec. 63.985 for
nonflare control devices and the monitoring, recordkeeping, and
reporting requirements referenced therein. No other provisions of this
subpart apply to low throughput transfer rack emissions or storage
vessel emissions vented through a closed vent system to a nonflare
control device unless specifically required in the monitoring plan
submitted under Sec. 63.985(c).
(2) For process vents and high throughput transfer racks, the owner
or operator shall meet the requirements applicable to the control
devices being used in Sec. 63.988, Sec. 63.990 or Sec. 63.995; the
applicable general monitoring requirements of Sec. 63.996 and the
applicable performance test requirements and procedures of Sec. 63.997;
and the monitoring, recordkeeping and reporting requirements referenced
therein. Owners or operators subject to halogen reduction device
requirements under a referencing subpart must also comply with
Sec. 63.994 and the monitoring, recordkeeping, and reporting
requirements referenced therein. The requirements of Sec. 63.984
through Sec. 63.986 do not apply to process vents or high throughput
transfer racks.
(3) For equipment leaks, owners or operators shall meet the
requirements in Sec. 63.986 for nonflare control devices used for
equipment leak emissions and the monitoring, recordkeeping, and
reporting requirements referenced therein. No other provisions of this
subpart apply to equipment leak emissions vented through a closed vent
system to a nonflare control device.
(d) Route to a fuel gas system or process. Owners or operators that
route emissions to a fuel gas system or to a process shall meet the
requirements in Sec. 63.984, the monitoring, recordkeeping, and
reporting requirements referenced therein, and the applicable
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No
other provisions of this subpart apply to emissions being routed to a
fuel gas system or process.
(e) Final recovery devices. Owners or operators who use a final
recovery device to maintain a TRE above a level specified in a
referencing subpart shall meet the requirements in Sec. 63.993 and the
monitoring, recordkeeping, and reporting requirements referenced
therein that are applicable to the recovery device being used; the
applicable monitoring requirements in Sec. 63.996 and the recordkeeping
and reporting requirements referenced therein; and the applicable
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No
other provisions of this subpart apply to process vent emissions routed
to a final recovery device.
(f) Combined emissions. When emissions from different emission
types (e.g., emissions from process vents, transfer racks, and/or
storage vessels) are combined, an owner or operator shall comply with
the requirements of either paragraph (f)(1) or (2) of this section.
(1) Comply with the applicable requirements of this subpart for
each kind of emissions in the stream (e.g., the requirements of
Sec. 63.982(a)(2) for process vents, and the requirements of
Sec. 63.982(a)(3) for transfer racks); or
(2) Comply with the first set of requirements identified in
paragraphs (f)(2)(i) through (iii) of this section which applies to any
individual emission stream that is included in the combined stream.
Compliance with paragraphs (f)(2)(i) through (iii) of this section
constitutes compliance with all other emissions requirements for other
emission streams.
(i) The requirements of Sec. 63.982(a)(2) for process vents,
including applicable monitoring, recordkeeping, and reporting;
(ii) The requirements of Sec. 63.982(a)(3)(ii) for high throughput
transfer racks, including applicable monitoring, recordkeeping, and
reporting;
(iii) The requirements of Sec. 63.982(a)(1) or (a)(3)(i) for
control of emissions from storage vessels or low throughput transfer
racks, including applicable monitoring, recordkeeping, and reporting.
Sec. 63.983 Closed vent systems.
(a) Closed vent system equipment and operating requirements. Except
for closed vent systems operated and maintained under negative
pressure, the provisions of this paragraph apply to closed vent systems
collecting regulated material from a regulated source.
(1) Collection of emissions. Each closed vent system shall be
designed and operated to collect the regulated material vapors from the
emission point, and to route the collected vapors to a control device.
(2) Period of operation. Closed vent systems used to comply with
the provisions of this subpart shall be operated at all times when
emissions are vented to, or collected by, them.
(3) Bypass monitoring. Except for equipment needed for safety
purposes such as pressure relief devices, low leg drains, high point
bleeds, analyzer vents, and open-ended valves or lines, the owner or
operator shall comply with
[[Page 34869]]
the provisions of either paragraphs (a)(3)(i) or (ii) of this section
for each closed vent system that contains bypass lines that could
divert a vent stream to the atmosphere.
(i) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. Records shall be
generated as specified in Sec. 63.998(d)(1)(ii)(A). The flow indicator
shall be installed at the entrance to any bypass line.
(ii) Secure the bypass line valve in the non-diverting position
with a car-seal or a lock-and-key type configuration. A visual
inspection of the seal or closure mechanism shall be performed at least
once every month to ensure the valve is maintained in the non-diverting
position and the vent stream is not diverted through the bypass line.
Records shall be generated as specified in Sec. 63.998(d)(1)(ii)(B).
(4) Loading arms at transfer racks. Each closed vent system
collecting regulated material from a transfer rack shall be designed
and operated so that regulated material vapors collected at one loading
arm will not pass through another loading arm in the rack to the
atmosphere.
(5) Pressure relief devices in a transfer rack's closed vent
system. The owner or operator of a transfer rack subject to the
provisions of this subpart shall ensure that no pressure relief device
in the transfer rack's closed vent system shall open to the atmosphere
during loading. Pressure relief devices needed for safety purposes are
not subject to this paragraph.
(b) Closed vent system inspection requirements. The provisions of
this subpart apply to closed vent systems collecting regulated material
from a regulated source. Inspection records shall be generated as
specified in Sec. 63.998(d)(1)(iii) and (iv) of this section.
(1) Except for any closed vent systems that are designated as
unsafe or difficult to inspect as provided in paragraphs (b)(2) and (3)
of this section, each closed vent system shall be inspected as
specified in paragraph (b)(1)(i) or (ii) of this section.
(i) If the closed vent system is constructed of hard-piping, the
owner or operator shall comply with the requirements specified in
paragraphs (b)(1)(i)(A) and (B) of this section.
(A) Conduct an initial inspection according to the procedures in
paragraph (c) of this section; and
(B) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(ii) If the closed vent system is constructed of ductwork, the
owner or operator shall conduct an initial and annual inspection
according to the procedures in paragraph (c) of this section.
(2) Any parts of the closed vent system that are designated, as
described in Sec. 63.998(d)(1)(i), as unsafe to inspect are exempt from
the inspection requirements of paragraph (b)(1) of this section if the
conditions of paragraphs (b)(2)(i) and (ii) of this section are met.
(i) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent
or potential danger as a consequence of complying with paragraph (b)(1)
of this section; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
(3) Any parts of the closed vent system that are designated, as
described in Sec. 63.998(d)(1)(i), as difficult-to-inspect are exempt
from the inspection requirements of paragraph (b)(1) of this section if
the provisions of paragraphs (b)(3)(i) and (ii) of this section apply.
(i) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
(7 feet) above a support surface; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
(c) Closed vent system inspection procedures. The provisions of
this paragraph apply to closed vent systems collecting regulated
material from a regulated source.
(1) Each closed vent system subject to this paragraph shall be
inspected according to the procedures specified in paragraphs (c)(1)(i)
through (vii) of this section.
(i) Inspections shall be conducted in accordance with Method 21 of
40 CFR part 60, appendix A, except as specified in this section.
(ii) Except as provided in (c)(1)(iii) 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 must be for the
representative composition of the process fluid and not of each
individual VOC in the stream. For process streams that contain
nitrogen, air, water, or other inerts that are not organic HAP or VOC,
the representative stream response factor must be determined on an
inert-free basis. The response factor may be determined at any
concentration for which the monitoring for leaks will be conducted.
(iii) If no instrument is available at the plant site that will
meet the performance criteria of Method 21 specified in paragraph
(c)(1)(ii) of this section, the instrument readings may be adjusted by
multiplying by the representative response factor of the process fluid,
calculated on an inert-free basis as described in paragraph (c)(1)(ii)
of this section.
(iv) The detection instrument shall be calibrated before use on
each day of its use by the procedures specified in Method 21 of 40 CFR
part 60, appendix A.
(v) Calibration gases shall be as specified in paragraphs
(c)(1)(v)(A) through (C) of this section.
(A) Zero air (less than 10 parts per million hydrocarbon in air);
and
(B) Mixtures of methane in air at a concentration less than 10,000
parts per million. A calibration gas other than methane in air may be
used if the instrument does not respond to methane or if the instrument
does not meet the performance criteria specified in paragraph
(c)(1)(ii) of this section. In such cases, the calibration gas may be a
mixture of one or more of the compounds to be measured in air.
(C) If the detection instrument's design allows for multiple
calibration scales, then the lower scale shall be calibrated with a
calibration gas that is no higher than 2,500 parts per million.
(vi) An owner or operator may elect to adjust or not adjust
instrument readings for background. If an owner or operator elects not
to adjust readings for background, all such instrument readings shall
be compared directly to 500 parts per million to determine whether
there is a leak. If an owner or operator elects to adjust instrument
readings for background, the owner or operator shall measure background
concentration using the procedures in this section. The owner or
operator shall subtract the background reading from the maximum
concentration indicated by the instrument.
(vii) If the owner or operator elects to adjust for background, the
arithmetic difference between the maximum concentration indicated by
the instrument and the background level shall be compared with 500
parts per million for determining whether there is a leak.
(2) The instrument probe shall be traversed around all potential
leak interfaces as described in Method 21 of 40 CFR part 60, appendix
A.
(3) Except as provided in paragraph (c)(4) of this section,
inspections shall
[[Page 34870]]
be performed when the equipment is in regulated material service, or in
use with any other detectable gas or vapor.
(4) Inspections of the closed vent system collecting regulated
material from a transfer rack shall be performed only while a tank
truck or railcar is being loaded or is otherwise pressurized to normal
operating conditions with regulated material or any other detectable
gas or vapor.
(d) Closed vent system leak repair provisions. The provisions of
this paragraph apply to closed vent systems collecting regulated
material from a regulated source.
(1) If there are visible, audible, or olfactory indications of
leaks at the time of the annual visual inspections required by
paragraph (b)(1)(i)(B) of this section, the owner or operator shall
follow the procedure specified in either paragraph (d)(1)(i) or (ii) of
this section.
(i) The owner or operator shall eliminate the leak.
(ii) The owner or operator shall monitor the equipment according to
the procedures in paragraph (c) of this section.
(2) Leaks, as indicated by an instrument reading greater than 500
parts per million by volume above background or by visual inspections,
shall be repaired as soon as practical, except as provided in paragraph
(d)(3) of this section. Records shall be generated as specified in
Sec. 63.998(d)(1)(iii) when a leak is detected.
(i) A first attempt at repair shall be made no later than 5 days
after the leak is detected.
(ii) Except as provided in paragraph (d)(3) of this section,
repairs shall be completed no later than 15 days after the leak is
detected or at the beginning of the next introduction of vapors to the
system, whichever is later.
(3) Delay of repair of a closed vent system for which leaks have
been detected is allowed if repair within 15 days after a leak is
detected is technically infeasible or unsafe without a closed vent
system shutdown, as defined in Sec. 63.981, or if the owner or operator
determines that emissions resulting from immediate repair would be
greater than the emissions likely to result from delay of repair.
Repair of such equipment shall be completed as soon as practical, but
not later than the end of the next closed vent system shutdown.
Sec. 63.984 Fuel gas systems and processes to which storage vessel,
transfer rack, or equipment leak regulated material emissions are
routed.
(a) Equipment and operating requirements for fuel gas systems and
processes. (1) Except during periods of start-up, shutdown and
malfunction as specified in the referencing subpart, the fuel gas
system or process shall be operating at all times when regulated
material emissions are routed to it.
(2) The owner or operator of a transfer rack subject to the
provisions of this subpart shall ensure that no pressure relief device
in the transfer rack's system returning vapors to a fuel gas system or
process shall open to the atmosphere during loading. Pressure relief
devices needed for safety purposes are not subject to this paragraph.
(b) Fuel gas system and process compliance assessment. (1) If
emissions are routed to a fuel gas system, there is no requirement to
conduct a performance test or design evaluation.
(2) If emissions are routed to a process, the regulated material in
the emissions shall meet one or more of the conditions specified in
paragraphs (b)(2)(i) through (iv) of this section. The owner or
operator of storage vessels subject to this paragraph shall comply with
the compliance demonstration requirements in paragraph (b)(3) of this
section.
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
regulated materials;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(3) To demonstrate compliance with paragraph (b)(2) of this section
for a storage vessel, the owner or operator shall prepare a design
evaluation (or engineering assessment) that demonstrates the extent to
which one or more of the conditions specified in paragraphs (b)(2)(i)
through (iv) of this section are being met.
(c) Statement of connection. For storage vessels and transfer
racks, the owner or operator shall submit the statement of connection
reports for fuel gas systems specified in Sec. 63.999(b)(1)(ii), as
appropriate.
Sec. 63.985 Nonflare control devices used to control emissions from
storage vessels and low throughput transfer racks.
(a) Nonflare control device equipment and operating requirements.
The owner or operator shall operate and maintain the nonflare control
device so that the monitored parameters defined as required in
paragraph (c) of this section remain within the ranges specified in the
Notification of Compliance Status whenever emissions of regulated
material are routed to the control device except during periods of
start-up, shutdown, and malfunction as specified in the referencing
subpart.
(b) Nonflare control device design evaluation or performance test
requirements. When using a control device other than a flare, the owner
or operator shall comply with the requirements in paragraphs (b)(1)(i)
or (ii) of this section, except as provided in paragraphs (b)(2) and
(3) of this section.
(1) Design evaluation or performance test results. The owner or
operator shall prepare and submit with the Notification of Compliance
Status, as specified in Sec. 63.999(b)(2), either a design evaluation
that includes the information specified in paragraph (b)(1)(i) of this
section, or the results of the performance test as described in
paragraph (b)(1)(ii) of this section.
(i) Design evaluation. The design evaluation shall include
documentation demonstrating that the control device being used achieves
the required control efficiency during the reasonably expected maximum
storage vessel filling or transfer loading rate. This documentation is
to include a description of the gas stream that enters the control
device, including flow and regulated material content, and the
information specified in paragraphs (b)(1)(i)(A) through (E) of this
section, as applicable. For storage vessels, the description of the gas
stream that enters the control device shall be provided for varying
liquid level conditions. This documentation shall be submitted with the
Notification of Compliance Status as specified in Sec. 63.999(b)(2).
(A) The efficiency determination is to include consideration of all
vapors, gases, and liquids, other than fuels, received by the control
device.
(B) If an enclosed combustion device with a minimum residence time
of 0.5 seconds and a minimum temperature of 760 deg.C is used to meet
an emission reduction requirement specified in a referencing subpart
for storage vessels and transfer racks, documentation that those
conditions exist is sufficient to meet the requirements of paragraph
(b)(1)(i) of this section.
(C) Except as provided in paragraph (b)(1)(i)(B) of this section
for enclosed combustion devices, the design evaluation shall include
the estimated autoignition temperature of the stream being combusted,
the flow rate of the stream, the combustion temperature, and the
residence time at the combustion temperature.
(D) For carbon adsorbers, the design evaluation shall include the
estimated affinity of the regulated material vapors for carbon, the
amount of carbon in each bed, the number of beds, the humidity, the
temperature, the flow rate of the
[[Page 34871]]
inlet stream and, if applicable, the desorption schedule, the
regeneration stream pressure or temperature, and the flow rate of the
regeneration stream. For vacuum desorption, pressure drop shall be
included.
(E) For condensers, the design evaluation shall include the final
temperature of the stream vapors, the type of condenser, and the design
flow rate of the emission stream.
(ii) Performance test. A performance test, whether conducted to
meet the requirements of this section, or to demonstrate compliance for
a process vent or high throughput transfer rack as required by
Secs. 63.988(b), 63.990(b), or 63.995(b), is acceptable to demonstrate
compliance with emission reduction requirements for storage vessels and
transfer racks. The owner or operator is not required to prepare a
design evaluation for the control device as described in paragraph
(b)(1)(i) of this section if a performance test will be performed that
meets the criteria specified in paragraphs (b)(1)(ii)(A) and (B) of
this section.
(A) The performance test will demonstrate that the control device
achieves greater than or equal to the required control device
performance level specified in a referencing subpart for storage
vessels or transfer racks; and
(B) The performance test meets the applicable performance test
requirements and the results are submitted as part of the Notification
of Compliance Status as specified in Sec. 63.999(b)(2).
(2) Exceptions. A design evaluation or performance test is not
required if the owner or operator uses a combustion device meeting the
criteria in paragraph (b)(2)(i), (ii), (iii), or (iv) of this section.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts (150 million British thermal units per hour) or greater.
(ii) A boiler or process heater burning hazardous waste for which
the owner or operator meets the requirements specified in paragraph
(b)(2)(ii)(A) or (B) of this section.
(A) The boiler or process heater has been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H, or
(B) The boiler or process heater has certified compliance with the
interim status requirements of 40 CFR part 266, subpart H.
(iii) A hazardous waste incinerator for which the owner or operator
meets the requirements specified in paragraph (b)(2)(iii)(A) or (B) of
this section.
(A) The incinerator has been issued a final permit under 40 CFR
part 270 and complies with the requirements of 40 CFR part 264, subpart
O; or
(B) The incinerator has certified compliance with the interim
status requirements of 40 CFR part 265, subpart O; or
(iv) A boiler or process heater into which the vent stream is
introduced with the primary fuel.
(3) Prior design evaluations or performance tests. If a design
evaluation or performance test is required in the referencing subpart
or was previously conducted and submitted for a storage vessel or low
throughput transfer rack, then a performance test or design evaluation
is not required.
(c) Nonflare control device monitoring requirements. (1) The owner
or operator shall submit with the Notification of Compliance Status, a
monitoring plan containing the information specified in
Sec. 63.999(b)(2)(i) and (ii) to identify the parameters that will be
monitored to assure proper operation of the control device.
(2) The owner or operator shall monitor the parameters specified in
the Notification of Compliance Status or in the operating permit
application or amendment. Records shall be generated as specified in
Sec. 63.998(d)(2)(i).
Sec. 63.986 Nonflare control devices used for equipment leaks only.
(a) Equipment and operating requirements. (1) Owners or operators
using a nonflare control device to meet the applicable requirements of
a referencing subpart for equipment leaks shall meet the requirements
of this section.
(2) Control devices used to comply with the provisions of this
subpart shall be operated at all times when emissions are vented to
them.
(b) Performance test requirements. A performance test is not
required for any nonflare control device used only to control emissions
from equipment leaks.
(c) Monitoring requirements. Owners or operators of control devices
that are used to comply only with the provisions of a referencing
subpart for control of equipment leak emissions shall monitor these
control devices to ensure that they are operated and maintained in
conformance with their design. The owner or operator shall maintain the
records as specified in Sec. 63.998(d)(4).
Sec. 63.987 Flare requirements.
(a) Flare equipment and operating requirements. Flares subject to
this subpart shall meet the performance requirements in 40 CFR 63.11(b)
(General Provisions).
(b) Flare compliance assessment. (1) The owner or operator shall
conduct an initial flare compliance assessment of any flare used to
comply with the provisions of this subpart. Flare compliance assessment
records shall be kept as specified in Sec. 63.998(a)(1) and a flare
compliance assessment report shall be submitted as specified in
Sec. 63.999(a)(2). An owner or operator is not required to conduct a
performance test to determine percent emission reduction or outlet
regulated material or total organic compound concentration when a flare
is used.
(2) [Reserved]
(3) Flare compliance assessments shall meet the requirements
specified in paragraphs (b)(3)(i) through (iv) of this section.
(i) Method 22 of appendix A of part 60 shall be used to determine
the compliance of flares with the visible emission provisions of this
subpart. The observation period is 2 hours, except for transfer racks
as provided in (b)(3)(i)(A) or (B) of this section.
(A) For transfer racks, if the loading cycle is less than 2 hours,
then the observation period for that run shall be for the entire
loading cycle.
(B) For transfer racks, if additional loading cycles are initiated
within the 2-hour period, then visible emissions observations shall be
conducted for the additional cycles.
(ii) The net heating value of the gas being combusted in a flare
shall be calculated using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.000
Where:
HT = Net heating value of the sample, megajoules per
standard cubic meter; where the net enthalpy per mole of offgas is
based on combustion at 25 deg.C and 760 millimeters of mercury (30
inches of mercury), but the standard temperature for determining the
volume corresponding to one mole is 20 deg.C;
K1 = 1.740 x 10-7 (parts per million by
volume)-1 (gram-mole per standard cubic meter) (megajoules
per kilocalories), where the standard temperature for gram mole per
standard cubic meter is 20 deg.C;
n = number of sample components;
Dj = Concentration of sample component j, in parts per
million by volume on a wet basis, as measured for organics by Method 18
of part 60, appendix A and measured for hydrogen and carbon monoxide by
American Society for Testing and Materials (ASTM) D1946-90; and
Hj = Net heat of combustion of sample component j,
kilocalories per gram
[[Page 34872]]
mole at 25 deg.C and 760 millimeters of mercury (30 inches of
mercury).
(iii) The actual exit velocity of a flare shall be determined by
dividing the volumetric flowrate (in units of standard temperature and
pressure), as determined by Methods 2, 2A, 2C, or 2D of 40 CFR part 60,
appendix A as appropriate; by the unobstructed (free) cross sectional
area of the flare tip.
(iv) Flare flame or pilot monitors, as applicable, shall be
operated during any flare compliance assessment.
(c) Flare monitoring requirements. Where a flare is used, the
following monitoring equipment is required: a device (including but not
limited to a thermocouple, ultra-violet beam sensor, or infrared
sensor) capable of continuously detecting that at least one pilot flame
or the flare flame is present. Flare flame monitoring and compliance
records shall be kept as specified in Sec. 63.998(a)(1) and reported as
specified in Sec. 63.999(c)(8).
Sec. 63.988 Incinerators, boilers, and process heaters.
(a) Equipment and operating requirements. (1) Owners or operators
using incinerators, boilers, or process heaters to meet a weight-
percent emission reduction or parts per million by volume outlet
concentration requirement specified in a referencing subpart shall meet
the requirements of this section.
(2) Incinerators, boilers, or process heaters used to comply with
the provisions of a referencing subpart and this subpart shall be
operated at all times when emissions are vented to them.
(3) For boilers and process heaters, the vent stream shall be
introduced into the flame zone of the boiler or process heater.
(b) Performance test requirements. (1) Except as specified in
Sec. 63.997(b), and paragraph (b)(2) of this section, the owner or
operator shall conduct an initial performance test of any incinerator,
boiler, or process heater used to comply with the provisions of a
referencing subpart and this subpart according to the procedures in
Sec. 63.997. Performance test records shall be kept as specified in
Sec. 63.998(a)(2) and a performance test report shall be submitted as
specified in Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a
design evaluation may be used as an alternative to the performance test
for storage vessels and low throughput transfer rack controls. As
provided in Sec. 63.986(b), no performance test is required for
equipment leaks.
(2) An owner or operator is not required to conduct a performance
test when any of the control devices specified in paragraphs (b)(2)(i)
through (iv) of this section are used.
(i) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O;
(ii) A boiler or process heater with a design heat input capacity
of 44 megawatts (150 million British thermal units per hour) or
greater;
(iii) A boiler or process heater into which the vent stream is
introduced with the primary fuel or is used as the primary fuel; or
(iv) A boiler or process heater burning hazardous waste for which
the owner or operator meets the requirements specified in paragraph
(b)(2)(iv)(A) or (B) of this section.
(A) The boiler or process heater has been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H; or
(B) The boiler or process heater has certified compliance with the
interim status requirements of 40 CFR part 266, subpart H.
(c) Incinerator, boiler, and process heater monitoring
requirements. Where an incinerator, boiler, or process heater is used,
a temperature monitoring device capable of providing a continuous
record that meets the provisions specified in paragraph (c)(1), (2), or
(3) of this section is required. Any boiler or process heater in which
all vent streams are introduced with primary fuel or are used as the
primary fuel is exempt from monitoring. Monitoring results shall be
recorded as specified in Sec. 63.998(b) and (c), as applicable. General
requirements for monitoring and continuous parameter monitoring systems
are contained in the referencing subpart and Sec. 63.996.
(1) Where an incinerator other than a catalytic incinerator is
used, a temperature monitoring device shall be installed in the fire
box or in the ductwork immediately downstream of the fire box in a
position before any substantial heat exchange occurs.
(2) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
(3) Where a boiler or process heater of less than 44 megawatts (150
million British thermal units per hour) design heat input capacity is
used and the regulated vent stream is not introduced as or with the
primary fuel, a temperature monitoring device shall be installed in the
fire box.
Sec. 63.989 [Reserved]
Sec. 63.990 Absorbers, condensers, and carbon adsorbers used as
control devices.
(a) Equipment and operating requirements. (1) Owners or operators
using absorbers, condensers, or carbon adsorbers to meet a weight-
percent emission reduction or parts per million by volume outlet
concentration requirement specified in a referencing subpart shall meet
the requirements of this section.
(2) Absorbers, condensers, and carbon adsorbers used to comply with
the provisions of a referencing subpart and this subpart shall be
operated at all times when emissions are vented to them.
(b) Performance test requirements. Except as specified in
Sec. 63.997(b), the owner or operator shall conduct an initial
performance test of any absorber, condenser, or carbon adsorber used as
a control device to comply with the provisions of the referencing
subpart and this subpart according to the procedures in Sec. 63.997.
Performance test records shall be kept as specified in
Sec. 63.998(a)(2) and a performance test report shall be submitted as
specified in Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a
design evaluation may be used as an alternative to the performance test
for storage vessels and low throughput transfer rack controls. As
provided in Sec. 63.986(b), no performance test is required to
demonstrate compliance for equipment leaks.
(c) Monitoring requirements. Where an absorber, condenser, or
carbon adsorber is used as a control device, either an organic
monitoring device capable of providing a continuous record, or the
monitoring devices specified in paragraphs (c)(1) through (3), as
applicable, shall be used. Monitoring results shall be recorded as
specified in Sec. 63.998(b) and (c), as applicable. General
requirements for monitoring and continuous parameter monitoring systems
are contained in a referencing subpart and Sec. 63.996.
(1) Where an absorber is used, a scrubbing liquid temperature
monitoring device and a specific gravity monitoring device, each
capable of providing a continuous record, shall be used. If the
difference between the specific gravity of the saturated scrubbing
fluid and specific gravity of the fresh scrubbing fluid is less than
0.02 specific gravity units, an organic monitoring device capable of
providing a continuous record shall be used.
[[Page 34873]]
(2) Where a condenser is used, a condenser exit (product side)
temperature monitoring device capable of providing a continuous record
shall be used.
(3) Where a carbon adsorber is used, an integrating regeneration
stream flow monitoring device having an accuracy of 10
percent or better, capable of recording the total regeneration stream
mass or volumetric flow for each regeneration cycle; and a carbon bed
temperature monitoring device, capable of recording the carbon bed
temperature after each regeneration and within 15 minutes of completing
any cooling cycle, shall be used.
Sec. 63.991 [Reserved]
Sec. 63.992 [Reserved]
Sec. 63.993 Absorbers, condensers, carbon adsorbers and other recovery
devices used as final recovery devices.
(a) Final recovery device equipment and operating requirements. (1)
Owners or operators using a final recovery device to maintain a TRE
above a level specified in a referencing subpart shall meet the
requirements of this section.
(2) Recovery devices used to comply with the provisions of a
referencing subpart and this subpart shall be operated at all times
when emissions are vented to them.
(b) Recovery device performance test requirements. There are no
performance test requirements for recovery devices. TRE index value
determination information shall be recorded as specified in
Sec. 63.998(a)(3).
(c) Recovery device monitoring requirements. (1) Where an absorber
is the final recovery device in the recovery system and the TRE index
value is between the level specified in a referencing subpart and 4.0,
either an organic monitoring device capable of providing a continuous
record or a scrubbing liquid temperature monitoring device and a
specific gravity monitoring device, each capable of providing a
continuous record, shall be used. If the difference between the
specific gravity of the saturated scrubbing fluid and specific gravity
of the fresh scrubbing fluid is less than 0.02 specific gravity units,
an organic monitoring device capable of providing a continuous record
shall be used. Monitoring results shall be recorded as specified in
Sec. 63.998(b) and (c), as applicable. General requirements for
monitoring and continuous parameter monitoring systems are contained in
Sec. 63.996.
(2) Where a condenser is the final recovery device in the recovery
system and the TRE index value is between the level specified in a
referencing subpart and 4.0, an organic monitoring device capable of
providing a continuous record or a condenser exit (product side)
temperature monitoring device capable of providing a continuous record
shall be used. Monitoring results shall be recorded as specified in
Sec. 63.998(b) and (c), as applicable. General requirements for
monitoring and continuous parameter monitoring systems are contained in
a referencing subpart and Sec. 63.996.
(3) Where a carbon adsorber is the final recovery device in the
recovery system and the TRE index value is between the level specified
in a referencing subpart and 4.0, an organic monitoring device capable
of providing a continuous record or an integrating regeneration stream
flow monitoring device having an accuracy of 10 percent or
better, capable of recording the total regeneration stream mass or
volumetric flow for each regeneration cycle; and a carbon-bed
temperature monitoring device, capable of recording the carbon-bed
temperature after each regeneration and within 15 minutes of completing
any cooling cycle shall be used. Monitoring results shall be recorded
as specified in Sec. 63.998(b) and (c), as applicable. General
requirements for monitoring and continuous parameter monitoring systems
are contained in a referencing subpart and Sec. 63.996.
(4) If an owner or operator uses a recovery device other than those
listed in this subpart, the owner or operator shall submit a
description of planned monitoring, reporting and recordkeeping
procedures as specified in a referencing subpart. The Administrator
will approve, deny, or modify based on the reasonableness of the
proposed monitoring, reporting and recordkeeping requirements as part
of the review of the submission or permit application or by other
appropriate means.
Sec. 63.994 Halogen scrubbers and other halogen reduction devices.
(a) Halogen scrubber and other halogen reduction device equipment
and operating requirements. (1) An owner or operator of a halogen
scrubber or other halogen reduction device subject to this subpart
shall reduce the overall emissions of hydrogen halides and halogens by
the control device performance level specified in a referencing
subpart.
(2) Halogen scrubbers and other halogen reduction devices used to
comply with the provisions of a referencing subpart and this subpart
shall be operated at all times when emissions are vented to them.
(b) Halogen scrubber and other halogen reduction device performance
test requirements. (1) An owner or operator of a combustion device
followed by a halogen scrubber or other halogen reduction device to
control halogenated vent streams in accordance with a referencing
subpart and this subpart shall conduct an initial performance test to
determine compliance with the control efficiency or emission limits for
hydrogen halides and halogens according to the procedures in
Sec. 63.997. Performance test records shall be kept as specified in
Sec. 63.998(a)(2) and a performance test report shall be submitted as
specified in Sec. 63.999(a)(2).
(2) An owner or operator of a halogen scrubber or other halogen
reduction technique used to reduce the vent stream halogen atom mass
emission rate prior to a combustion device to comply with a performance
level specified in a referencing subpart shall determine the halogen
atom mass emission rate prior to the combustion device according to the
procedures specified in the referencing subpart. Records of the halogen
concentration in the vent stream shall be generated as specified in
Sec. 63.998(a)(4).
(c) Halogen scrubber and other halogen reduction device monitoring
requirements. (1) Where a halogen scrubber is used, the monitoring
equipment specified in paragraphs (c)(1)(i) and (ii) of this section is
required for the scrubber. Monitoring results shall be recorded as
specified in Sec. 63.998(b) and (c), as applicable. General
requirements for monitoring and continuous parameter monitoring systems
are contained in a referencing subpart and Sec. 63.996.
(i) A pH monitoring device capable of providing a continuous record
shall be installed to monitor the pH of the scrubber effluent.
(ii) A flow meter capable of providing a continuous record shall be
located at the scrubber influent for liquid flow. Gas stream flow shall
be determined using one of the procedures specified in paragraphs
(c)(1)(ii)(A) through (D) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) The owner or operator may measure the gas stream flow at the
scrubber inlet.
(C) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination
[[Page 34874]]
of the liquid to gas (L/G) ratio prior to the applicable compliance
date for the process unit of which it is part as specified in a
referencing subpart, the owner or operator may determine gas stream
flow by the method that had been utilized to comply with those
regulations. A determination that was conducted prior to that
compliance date may be utilized to comply with this subpart if it is
still representative.
(D) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method that will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method that will at least provide
a value for either a representative or the highest gas stream flow
anticipated in the scrubber during representative operating conditions
other than start-ups, shutdowns, or malfunctions. The plan shall
include a description of the methodology to be followed and an
explanation of how the selected methodology will reliably determine the
gas stream flow, and a description of the records that will be
maintained to document the determination of gas stream flow. The owner
or operator shall maintain the plan as specified in a referencing
subpart.
(2) Where a halogen reduction device other than a scrubber is used,
the owner or operator shall follow the procedures specified in a
referencing subpart in order to establish monitoring parameters.
Sec. 63.995 Other control devices.
(a) Other control device equipment and operating requirements. (1)
Owners or operators using a control device other than one listed in
Secs. 63.985 through 63.990 to meet a weight-percent emission reduction
or parts per million by volume outlet concentration requirement
specified in a referencing subpart shall meet the requirements of this
section.
(2) Other control devices used to comply with the provisions of a
referencing subpart and this subpart shall be operated at all times
when emissions are vented to them.
(b) Other control device performance test requirements. An owner or
operator using a control device other than those specified in
Secs. 63.987 through 63.990 to comply with a performance level
specified in a referencing subpart, shall perform an initial
performance test according to the procedures in Sec. 63.997.
Performance test records shall be kept as specified in
Sec. 63.998(a)(2) and a performance test report shall be submitted as
specified in Sec. 63.999(a)(2).
(c) Other control device monitoring requirements. If an owner or
operator uses a control device other than those listed in this subpart,
the owner or operator shall submit a description of planned monitoring,
recordkeeping and reporting procedures as specified in a referencing
subpart. The Administrator will approve, deny, or modify based on the
reasonableness of the proposed monitoring, reporting and recordkeeping
requirements as part of the review of the submission or permit
application or by other appropriate means.
Sec. 63.996 General monitoring requirements for control and recovery
devices.
(a) General monitoring requirements applicability. (1) This section
applies to the owner or operator of a regulated source required to
monitor under this subpart.
(2) Flares subject to Sec. 63.987(c) are not subject to the
requirements of this section.
(3) Flow indicators are not subject to the requirements of this
section.
(b) Conduct of monitoring. (1) Monitoring shall be conducted as set
forth in this section and in the relevant sections of this subpart
unless the provision in either paragraph (b)(1)(i) or (ii) of this
section applies.
(i) The Administrator specifies or approves the use of minor
changes in methodology for the specified monitoring requirements and
procedures; or
(ii) The Administrator approves the use of alternatives to any
monitoring requirements or procedures as provided in the referencing
subpart or paragraph (d) of this section.
(2) When one CPMS is used as a backup to another CPMS, the owner or
operator shall report the results from the CPMS used to meet the
monitoring requirements of this subpart. If both such CPMS's are used
during a particular reporting period to meet the monitoring
requirements of this subpart, then the owner or operator shall report
the results from each CPMS for the time during the six month period
that the instrument was relied upon to demonstrate compliance.
(c) Operation and maintenance of continuous parameter monitoring
systems. (1) All monitoring equipment shall be installed, calibrated,
maintained, and operated according to manufacturer's specifications or
other written procedures that provide adequate assurance that the
equipment would reasonably be expected to monitor accurately.
(2) The owner or operator of a regulated source shall maintain and
operate each CPMS as specified in this section, or in a relevant
subpart, and in a manner consistent with good air pollution control
practices.
(i) The owner or operator of a regulated source shall ensure the
immediate repair or replacement of CPMS parts to correct ``routine'' or
otherwise predictable CPMS malfunctions. The necessary parts for
routine repairs of the affected equipment shall be readily available.
(ii) If under the referencing subpart, an owner or operator has
developed a start-up, shutdown, and malfunction plan, the plan is
followed, and the CPMS is repaired immediately, this action shall be
recorded as specified in Sec. 63.998(c)(1)(ii)(E).
(iii) The Administrator's determination of whether acceptable
operation and maintenance procedures are being used for the CPMS will
be based on information that may include, but is not limited to, review
of operation and maintenance procedures, operation and maintenance
records as specified in Sec. 63.998(c)(1)(i) and (ii), manufacturer's
recommendations and specifications, and inspection of the CPMS.
(3) All CPMS's shall be installed and operational, and the data
verified as specified in this subpart either prior to or in conjunction
with conducting performance tests. Verification of operational status
shall, at a minimum, include completion of the manufacturer's written
specifications or recommendations for installation, operation, and
calibration of the system or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
(4) All CPMS's shall be installed such that representative
measurements of parameters from the regulated source are obtained.
(5) In accordance with the referencing subpart, except for system
breakdowns, repairs, maintenance periods, instrument adjustments, or
checks to maintain precision and accuracy, calibration checks, and zero
and span adjustments, all continuous parameter monitoring systems shall
be in continuous operation when emissions are being routed to the
monitored device.
(6) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the control or recovery
device. In order to establish the range, the information required in
Sec. 63.999(b)(3) shall be submitted in the Notification of Compliance
Status or the operating permit application or amendment. The range may
be based
[[Page 34875]]
upon a prior performance test meeting the specifications of
Sec. 63.997(b)(1) or a prior TRE index value determination, as
applicable, or upon existing ranges or limits established under a
referencing subpart. Where the regeneration stream flow and carbon bed
temperature are monitored, the range shall be in terms of the total
regeneration stream flow per regeneration cycle and the temperature of
the carbon bed determined within 15 minutes of the completion of the
regeneration cooling cycle.
(d) Alternatives to monitoring requirements. (1) Alternatives to
the continuous operating parameter monitoring and recordkeeping
provisions. An owner or operator may request approval to use
alternatives to the continuous operating parameter monitoring and
recordkeeping provisions listed in Secs. 63.988(c), 63.990(c),
63.993(c), 63.994(c), 63.998(a)(2) through (4), 63.998(c)(2) and (3),
as specified in Sec. 63.999(d)(1).
(2) Monitoring a different parameter than those listed. An owner or
operator may request approval to monitor a different parameter than
those established in paragraph (c)(6) of this section or to set unique
monitoring parameters if directed by Secs. 63.994(c)(2) or 63.995(c),
as specified in Sec. 63.999(d)(2).
Sec. 63.997 Performance test and compliance assessment requirements
for control devices.
(a) Performance tests and flare compliance assessments. Where
Secs. 63.985 through 63.995 require, or the owner or operator elects to
conduct, a performance test of a control device or a halogen reduction
device, or a compliance assessment for a flare, the requirements of
paragraphs (b) through (d) of this section apply.
(b) Prior test results and waivers. Initial performance tests and
initial flare compliance assessments are required only as specified in
this subpart or a referencing subpart.
(1) Unless requested by the Administrator, an owner or operator is
not required to conduct a performance test or flare compliance
assessment under this subpart if a prior performance test or compliance
assessment was conducted using the same methods specified in
Sec. 63.997(e) or Sec. 63.987(b)(3), as applicable, and either no
process changes have been made since the test, or the owner or operator
can demonstrate that the results of the performance test or compliance
demonstration, with or without adjustments, reliably demonstrate
compliance despite process changes. An owner or operator may request
permission to substitute a prior performance test or compliance
assessment by written application to the Administrator as specified in
Sec. 63.999(a)(1)(iv).
(2) Individual performance tests and flare compliance assessments
may be waived upon written application to the Administrator, per
Sec. 63.999(a)(1)(iii), if, in the Administrator's judgment, the source
is meeting the relevant standard(s) on a continuous basis, the source
is being operated under an extension or waiver of compliance, or the
owner or operator has requested an extension or waiver of compliance
and the Administrator is still considering that request.
(3) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notification is given to the owner
or operator of the source.
(c) Performance tests and flare compliance assessments schedule.
(1) Unless a waiver of performance testing or flare compliance
assessment is obtained under this section or the conditions of a
referencing subpart, the owner or operator shall perform such tests as
specified in paragraphs (c)(1)(i) through (vii) of this section.
(i) Within 180 days after the effective date of a relevant standard
for a new source that has an initial start-up date before the effective
date of that standard; or
(ii) Within 180 days after initial start-up for a new source that
has an initial start-up date after the effective date of a relevant
standard; or
(iii) Within 180 days after the compliance date specified in a
referencing subpart for an existing source, or within 180 days after
start-up of an existing source if the source begins operation after the
effective date of the relevant emission standard; or
(iv) Within 180 days after the compliance date for an existing
source subject to an emission standard established pursuant to section
112(f) of the Act; or
(v) Within 180 days after the termination date of the source's
extension of compliance or a waiver of compliance for an existing
source that obtains an extension of compliance under Sec. 63.1112(a),
or waiver of compliance under 40 CFR 61.11; or
(vi) Within 180 days after the compliance date for a new source,
subject to an emission standard established pursuant to section 112(f)
of the Act, for which construction or reconstruction is commenced after
the proposal date of a relevant standard established pursuant to
section 112(d) of the Act but before the proposal date of the relevant
standard established pursuant to section 112(f); or
(vii) When the promulgated emission standard in a referencing
subpart is more stringent than the standard that was proposed, the
owner or operator of a new or reconstructed source subject to that
standard for which construction or reconstruction is commenced between
the proposal and promulgation dates of the standard shall comply with
performance testing requirements within 180 days after the standard's
effective date, or within 180 days after start-up of the source,
whichever is later. If a promulgated standard in a referencing subpart
is more stringent than the proposed standard, the owner or operator may
choose to demonstrate compliance initially with either the proposed or
the promulgated standard. If the owner or operator chooses to comply
with the proposed standard initially, the owner or operator shall
conduct a second performance test within 3 years and 180 days after the
effective date of the standard, or after start-up of the source,
whichever is later, to demonstrate compliance with the promulgated
standard.
(2) The Administrator may require an owner or operator to conduct
performance tests and compliance assessments at the regulated source at
any time when the action is authorized by section 114 of the Act.
(3) Unless already permitted by the applicable title V permit, if
an owner or operator elects to use a recovery device to replace an
existing control device at a later date, or elects to use a different
flare, nonflare control device or recovery device to replace an
existing flare, nonflare control device or final recovery device at a
later date, the owner or operator shall notify the Administrator,
either by amendment of the regulated source's title V permit or, if
title V is not applicable, by submission of the notice specified in
Sec. 63.999(c)(7) before implementing the change. Upon implementing the
change, a compliance demonstration or performance test shall be
performed according to the provisions of paragraphs (c)(3)(i) through
(v) of this section, as applicable, within 180 days. The compliance
assessment report shall be submitted to the Administrator within 60
days of completing the determination, as provided in
Sec. 63.999(a)(1)(ii).
(i) For flares used to replace an existing control device, a flare
compliance demonstration shall be
[[Page 34876]]
performed using the methods specified in Sec. 63.987(b);
(ii) For flares used to replace an existing final recovery device
that is used on an applicable process vent, the owner or operator shall
comply with the applicable provisions in a referencing subpart and in
this subpart;
(iii) For incinerators, boilers, or process heaters used to replace
an existing control device, a performance test shall be performed,
using the methods specified in Sec. 63.997;
(iv) For absorbers, condensers, or carbon adsorbers used to replace
an existing control device on a process vent or a transfer rack, a
performance test shall be performed, using the methods specified in
Sec. 63.997;
(v) For absorbers, condensers, or carbon adsorbers used to replace
an existing final recovery device on a process vent, the owner or
operator shall comply with the applicable provisions of a referencing
subpart and this subpart;
(d) Performance testing facilities. If required to do performance
testing, the owner or operator of each new regulated source and, at the
request of the Administrator, the owner or operator of each existing
regulated source, shall provide performance testing facilities as
specified in paragraphs (d)(1) through (5) of this section.
(1) Sampling ports adequate for test methods applicable to such
source. This includes, as applicable, the requirements specified in
(d)(1)(i) and (ii) of this section.
(i) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures; and
(ii) Providing a stack or duct free of cyclonic flow during
performance tests, as demonstrated by applicable test methods and
procedures;
(2) Safe sampling platform(s);
(3) Safe access to sampling platform(s);
(4) Utilities for sampling and testing equipment; and
(5) Any other facilities that the Administrator deems necessary for
safe and adequate testing of a source.
(e) Performance test procedures. Where Secs. 63.985 through 63.995
require the owner or operator to conduct a performance test of a
control device or a halogen reduction device, the owner or operator
shall follow the requirements of paragraphs (e)(1)(i) through (v) of
this section, as applicable.
(1) General procedures. (i) Continuous unit operations. For
continuous unit operations, performance tests shall be conducted at
maximum representative operating conditions for the process, unless the
Administrator specifies or approves alternate operating conditions.
During the performance test, an owner or operator may operate the
control or halogen reduction device at maximum or minimum
representative operating conditions for monitored control or halogen
reduction device parameters, whichever results in lower emission
reduction. Operations during periods of start-up, shutdown, and
malfunction shall not constitute representative conditions for the
purpose of a performance test.
(ii) [Reserved]
(iii) Combination of both continuous and batch unit operations. For
a combination of both continuous and batch unit operations, performance
tests shall be conducted at maximum representative operating
conditions. For the purpose of conducting a performance test on a
combined vent stream, maximum representative operating conditions shall
be when batch emission episodes are occurring that result in the
highest organic HAP emission rate (for the combined vent stream) that
is achievable during the 6-month period that begins 3 months before and
ends 3 months after the compliance assessment (e.g. TRE calculation,
performance test) without causing any of the situations described in
paragraphs (e)(1)(iii)(A) through (C) of this section.
(A) Causing damage to equipment;
(B) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(C) Necessitating that the owner or operator make product in excess
of demand.
(iv) Alternatives to performance test requirements. Performance
tests shall be conducted and data shall be reduced in accordance with
the test methods and procedures set forth in this subpart, in each
relevant standard, and, if required, in applicable appendices of 40 CFR
parts 51, 60, 61, and 63 unless the Administrator specifies one of the
provisions in paragraphs (e)(1)(iv)(A) through (E) of this section.
(A) Specifies or approves, in specific cases, the use of a test
method with minor changes in methodology; or
(B) Approves the use of an alternative test method, the results of
which the Administrator has determined to be adequate for indicating
whether a specific regulated source is in compliance. The alternate
method or data shall be validated using the applicable procedures of
Method 301 of appendix A of 40 CFR part 63; or
(C) Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors; or
(D) Waives the requirement for the performance test as specified in
paragraph (b)(2) of this section because the owner or operator of a
regulated source has demonstrated by other means to the Administrator's
satisfaction that the regulated source is in compliance with the
relevant standard; or
(E) Approves the use of an equivalent method.
(v) Performance test runs. Except as provided in paragraphs
(e)(1)(v)(A) and (B) of this section, each performance test shall
consist of three separate runs using the applicable test method. Each
run shall be conducted for at least 1 hour and under the conditions
specified in this section. For the purpose of determining compliance
with an applicable standard, the arithmetic means of results of the
three runs shall apply. In the event that a sample is accidentally lost
or conditions occur in which one of the three runs must be discontinued
because of forced shutdown, failure of an irreplaceable portion of the
sample train, extreme meteorological conditions, or other
circumstances, beyond the owner or operator's control, compliance may,
upon the Administrator's approval, be determined using the arithmetic
mean of the results of the two other runs.
(A) For control devices used to control emissions from transfer
racks (except low throughput transfer racks that are capable of
continuous vapor processing but do not handle continuous emissions or
multiple loading arms of a transfer rack that load simultaneously),
each run shall represent at least one complete tank truck or tank car
loading period, during which regulated materials are loaded, and
samples shall be collected using integrated sampling or grab samples
taken at least four times per hour at approximately equal intervals of
time, such as 15-minute intervals.
(B) For intermittent vapor processing systems used for controlling
transfer rack emissions (except low throughput transfer racks that do
not handle continuous emissions or multiple loading arms of a transfer
rack that load simultaneously), each run shall represent at least one
complete control device cycle, and samples shall be collected using
integrated sampling or grab samples taken at least four times per hour
at approximately equal intervals of time, such as 15-minute intervals.
(2) Specific procedures. Where Secs. 63.985 through 63.995 require
the
[[Page 34877]]
owner or operator to conduct a performance test of a control device, or
a halogen reduction device, an owner or operator shall conduct that
performance test using the procedures in paragraphs (e)(2)(i) through
(iv) of this section, as applicable. The regulated material
concentration and percent reduction may be measured as either total
organic regulated material or as TOC minus methane and ethane according
to the procedures specified.
(i) Selection of sampling sites. Method 1 or 1A of 40 CFR part 60,
appendix A, as appropriate, shall be used for selection of the sampling
sites.
(A) For determination of compliance with a percent reduction
requirement of total organic regulated material or TOC, sampling sites
shall be located as specified in paragraphs (e)(2)(i)(A)(1) and
(e)(2)(i)(A)(2) of this section, and at the outlet of the control
device.
(1) With the exceptions noted below in paragraphs (e)(2)(i)(A)(2)
and (3), the control device inlet sampling site shall be located at the
exit from the unit operation before any control device.
(2) For process vents from continuous unit operations at affected
sources in subcategories where the applicability criteria includes a
TRE index value, the control device inlet sampling site shall be
located after the final recovery device.
(3) If a vent stream is introduced with the combustion air or as a
secondary fuel into a boiler or process heater with a design capacity
less than 44 megawatts, selection of the location of the inlet sampling
sites shall ensure the measurement of total organic regulated material
or TOC (minus methane and ethane) concentrations, as applicable, in all
vent streams and primary and secondary fuels introduced into the boiler
or process heater.
(B) For determination of compliance with a parts per million by
volume total regulated material or TOC limit in a referencing subpart,
the sampling site shall be located at the outlet of the control device.
(ii) Gas volumetric flow rate. The gas volumetric flow rate shall
be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix
A, as appropriate.
(iii) Total organic regulated material or TOC concentration. To
determine compliance with a parts per million by volume total organic
regulated material or TOC (minus methane and ethane) limit, the owner
or operator shall use Method 18 of 40 CFR part 60, appendix A, to
measure either TOC minus methane and ethane or total organic regulated
material, as applicable. Alternatively, any other method or data that
have been validated according to the applicable procedures in Method
301 of appendix A of 40 CFR part 63, may be used. Method 25A of 40 CFR
part 60, appendix A may be used for transfer racks as detailed in
paragraph (e)(2)(iii)(D) of this section. The procedures specified in
paragraphs (e)(2)(iii)(A) through (D) of this section shall be used to
calculate parts per million by volume concentration, corrected to 3
percent oxygen if a combustion device is the control device and
supplemental combustion air is used to combust the emissions.
(A) Sampling time. For continuous unit operations and for a
combination of both continuous and batch unit operations, the minimum
sampling time for each run shall be 1 hour in which either an
integrated sample or a minimum of four grab samples shall be taken. If
grab sampling is used, then the samples shall be taken at approximately
equal intervals in time, such as 15 minute intervals during the run.
(B) Concentration calculation. The concentration of either TOC
(minus methane or ethane) or total organic regulated material shall be
calculated according to paragraph (e)(2)(iii)(B) (1) or (2) of this
section.
(1) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR29JN99.001
Where:
CTOC = Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
x = Number of samples in the sample run.
n = Number of components in the sample.
Cji = Concentration of sample components j of sample I, dry
basis, parts per million by volume.
(2) The total organic regulated material (CREG) shall be
computed according to Equation 2 in paragraph (e)(2)(iii)(B)(1) of this
section except that only the regulated species shall be summed.
(C) Concentration correction calculation. The concentration of TOC
or total organic regulated material, as applicable, shall be corrected
to 3 percent oxygen if a combustion device is the control device and
supplemental combustion air is used to combust the emissions.
(1) The emission rate correction factor (or excess air), integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A, shall be used to determine the oxygen concentration. The
sampling site shall be the same as that of the organic regulated
material or organic compound samples, and the samples shall be taken
during the same time that the organic regulated material or organic
compound samples are taken.
(2) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR29JN99.002
Where:
Cc = Concentration of TOC or organic regulated material
corrected to 3 percent oxygen, dry basis, parts per million by volume.
Cm = Concentration of TOC (minus methane and ethane) or
organic regulated material, dry basis, parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percentage by
volume.
(D) Transfer racks. Method 25A of 40 CFR part 60, appendix A may be
used for the purpose of determining compliance with a parts per million
by volume limit for transfer racks. If Method 25A of 40 CFR part 60,
appendix A is used, the procedures specified in paragraphs
(e)(2)(iii)(D) (1) through (4) of this section shall be used to
calculate the concentration of organic compounds (CTOC):
(1) The principal organic regulated material in the vent stream
shall be used as the calibration gas.
(2) The span value for Method 25A of 40 CFR part 60, appendix A,
shall be between 1.5 and 2.5 times the concentration being measured.
(3) Use of Method 25A of 40 CFR part 60, appendix A, is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(4) The concentration of TOC shall be corrected to 3 percent oxygen
using the procedures and Equation 3 in paragraph (e)(2)(iii)(C)(2) of
this section if a combustion device is the control device and
supplemental combustion air is used to combust emissions.
(iv) Percent reduction calculation. To determine compliance with a
percent reduction requirement, the owner or operator shall use Method
18 of 40 CFR part 60, appendix A; alternatively, any other method or
data that have been validated according to the applicable
[[Page 34878]]
procedures in Method 301 of appendix A of this part may be used. Method
25A or 25B of 40 CFR part 60, appendix A may be used for transfer racks
as detailed in paragraph (e)(2)(iv)(E) of this section. Procedures
specified in paragraphs (e)(2)(iv)(A) through (e)(2)(iv)(E) of this
section shall be used to calculate percent reduction efficiency.
(A) Sampling time. The minimum sampling time for each run shall be
1 hour in which either an integrated sample or a minimum of four grab
samples shall be taken. If grab sampling is used, then the samples
shall be taken at approximately equal intervals in time, such as 15-
minute intervals during the run.
(B) Mass rate of TOC or total organic regulated material. The mass
rate of either TOC (minus methane and ethane) or total organic
regulated material (EI, Eo) shall be computed as
applicable.
(1) Equations 4 and 5 shall be used.
[GRAPHIC] [TIFF OMITTED] TR29JN99.003
[GRAPHIC] [TIFF OMITTED] TR29JN99.004
Where:
EI, Eo = Emission rate of TOC (minus methane
and ethane) (ETOC) or emission rate of total organic
regulated material (ERM) in the sample at the inlet and
outlet of the control device, respectively, dry basis, kilogram per
hour.
K2 = Constant, 2.494 x 10-6 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram
per gram) (minute per hour), where standard temperature (gram-mole per
standard cubic meter) is 20 deg.C.
n = Number of components in the sample.
Cij, Coj = Concentration on a dry basis of
organic compound j in parts per million by volume of the gas stream at
the inlet and outlet of the control device, respectively. If the TOC
emission rate is being calculated, Cij and Coj
include all organic compounds measured minus methane and ethane; if the
total organic regulated material emissions rate is being calculated,
only organic regulated material are included.
Mij, Moj = Molecular weight of organic compound
j, gram per gram-mole, of the gas stream at the inlet and outlet of the
control device, respectively.
QI, Qo = Process vent flow rate, dry standard
cubic meter per minute, at a temperature of 20 deg. C, at the inlet and
outlet of the control device, respectively.
(2) Where the mass rate of TOC is being calculated, all organic
compounds (minus methane and ethane) measured by method 18 of 40 CFR
part 60, appendix A, are summed using Equations 4 and 5 in paragraph
(e)(2)(iv)(B)(1) of this section.
(3) Where the mass rate of total organic regulated material is
being calculated, only the species comprising the regulated material
shall be summed using Equations 4 and 5 in paragraph (e)(2)(iv)(B)(1)
of this section.
(C) Percent reduction in TOC or total organic regulated material
for continuous unit operations and a combination of both continuous and
batch unit operations. For continuous unit operations and for a
combination of both continuous and batch unit operations, the percent
reduction in TOC (minus methane and ethane) or total organic regulated
material shall be calculated using Equation 6.
[GRAPHIC] [TIFF OMITTED] TR29JN99.005
Where:
R = Control efficiency of control device, percent.
EI = Mass rate of TOC (minus methane and ethane) or total
organic regulated material at the inlet to the control device as
calculated under paragraph (e)(2)(iv)(B) of this section, kilograms TOC
per hour or kilograms organic regulated material per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total
organic regulated material at the outlet of the control device, as
calculated under paragraph (e)(2)(iv)(B) of this section, kilograms TOC
per hour or kilograms total organic regulated material per hour.
(D) Vent stream introduced with combustion air or as secondary
fuel. If the vent stream entering a boiler or process heater with a
design capacity less than 44 megawatts is introduced with the
combustion air or as a secondary fuel, the weight-percent reduction of
total organic regulated material or TOC (minus methane and ethane)
across the device shall be determined by comparing the TOC (minus
methane and ethane) or total organic regulated material in all
combusted vent streams and primary and secondary fuels with the TOC
(minus methane and ethane) or total organic regulated material exiting
the combustion device, respectively.
(E) Transfer racks. Method 25A of 40 CFR part 60, appendix A, may
also be used for the purpose of determining compliance with the percent
reduction requirement for transfer racks.
(1) If Method 25A of 40 CFR part 60, appendix A, is used to measure
the concentration of organic compounds (CTOC), the principal
organic regulated material in the vent stream shall be used as the
calibration gas.
(2) An emission testing interval shall consist of each 15-minute
period during the performance test. For each interval, a reading from
each measurement shall be recorded.
(3) The average organic compound concentration and the volume
measurement shall correspond to the same emissions testing interval.
(4) The mass at the inlet and outlet of the control device during
each testing interval shall be calculated using Equation 7.
[GRAPHIC] [TIFF OMITTED] TR29JN99.006
Where:
Mj = Mass of organic compounds emitted during testing
interval j, kilograms.
F = 10-6 = Conversion factor, (cubic meters regulated
material per cubic meters air) * (parts per million by
volume)-1.
K = Density, kilograms per standard cubic meter organic regulated
material.
= 659 kilograms per standard cubic meter organic regulated material.
(Note: The density term cancels out when the percent reduction is
calculated. Therefore, the density used has no effect. The density of
hexane is given so that it can be used to maintain the units of
Mj.)
Vs = Volume of air-vapor mixture exhausted at standard
conditions, 20 deg.C and 760 millimeters mercury, standard cubic
meters.
Ct = Total concentration of organic compounds (as measured)
at the exhaust vent, parts per million by volume, dry basis.
(5) The organic compound mass emission rates at the inlet and
outlet of the control device shall be calculated using Equations 8 and
9 as follows:
[GRAPHIC] [TIFF OMITTED] TR29JN99.007
[[Page 34879]]
[GRAPHIC] [TIFF OMITTED] TR29JN99.008
Where:
Ei, Eo = Mass flow rate of organic compounds at
the inlet (i) and outlet (o) of the control device, kilograms per hour.
n = Number of testing intervals.
Mij, Moj = Mass of organic compounds at the inlet
(i) or outlet (o) during testing interval j, kilograms.
T = Total time of all testing intervals, hours.
(3) An owner or operator using a halogen scrubber or other halogen
reduction device to control process vent and transfer rack halogenated
vent streams in compliance with a referencing subpart, who is required
to conduct a performance test to determine compliance with a control
efficiency or emission limit for hydrogen halides and halogens, shall
follow the procedures specified in paragraphs (e)(3) (i) through (iv)
of this section.
(i) For an owner or operator determining compliance with the
percent reduction of total hydrogen halides and halogens, sampling
sites shall be located at the inlet and outlet of the scrubber or other
halogen reduction device used to reduce halogen emissions. For an owner
or operator determining compliance with a kilogram per hour outlet
emission limit for total hydrogen halides and halogens, the sampling
site shall be located at the outlet of the scrubber or other halogen
reduction device and prior to any releases to the atmosphere.
(ii) Except as provided in paragraph (e)(1)(iv) of this section,
Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to
determine the concentration, in milligrams per dry standard cubic
meter, of total hydrogen halides and halogens that may be present in
the vent stream. The mass emissions of each hydrogen halide and halogen
compound shall be calculated from the measured concentrations and the
gas stream flow rate.
(iii) To determine compliance with the percent removal efficiency,
the mass emissions for any hydrogen halides and halogens present at the
inlet of the halogen reduction device shall be summed together. The
mass emissions of the compounds present at the outlet of the scrubber
or other halogen reduction device shall be summed together. Percent
reduction shall be determined by comparison of the summed inlet and
outlet measurements.
(iv) To demonstrate compliance with a kilogram per hour outlet
emission limit, the test results must show that the mass emission rate
of total hydrogen halides and halogens measured at the outlet of the
scrubber or other halogen reduction device is below the kilogram per
hour outlet emission limit specified in a referencing subpart.
Sec. 63.998 Recordkeeping requirements.
(a) Compliance assessment, monitoring, and compliance records. (1)
Conditions of flare compliance assessment, monitoring, and compliance
records. Upon request, the owner or operator shall make available to
the Administrator such records as may be necessary to determine the
conditions of flare compliance assessments performed pursuant to
Sec. 63.987(b).
(i) Flare compliance assessment records. When using a flare to
comply with this subpart, record the information specified in
paragraphs (a)(1)(i)(A) through (C) of this section for each flare
compliance assessment performed pursuant to Sec. 63.987(b). As
specified in Sec. 63.999(a)(2)(iii)(A), the owner or operator shall
include this information in the flare compliance assessment report.
(A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
(B) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the flare compliance assessment; and
(C) All periods during the flare compliance assessment when all
pilot flames are absent or, if only the flare flame is monitored, all
periods when the flare flame is absent.
(ii) Monitoring records. Each owner or operator shall keep up to
date and readily accessible hourly records of whether the monitor is
continuously operating and whether the flare flame or at least one
pilot flame is continuously present. For transfer racks, hourly records
are required only while the transfer rack vent stream is being vented.
(iii) Compliance records. (A) Each owner or operator shall keep
records of the times and duration of all periods during which the flare
flame or all the pilot flames are absent. This record shall be
submitted in the periodic reports as specified in Sec. 63.999(c)(8).
(B) Each owner or operator shall keep records of the times and
durations of all periods during which the monitor is not operating.
(2) Nonflare control device performance test records. (i)
Availability of performance test records. Upon request, the owner or
operator shall make available to the Administrator such records as may
be necessary to determine the conditions of performance tests performed
pursuant to Secs. 63.988(b), 63.990(b), 63.994(b), or 63.995(b).
(ii) Nonflare control device and halogen reduction device
performance test records. (A) General requirements. Each owner or
operator subject to the provisions of this subpart shall keep up-to-
date, readily accessible continuous records of the data specified in
(a)(2)(ii)(B) through (D) of this section, as applicable, measured
during each performance test performed pursuant to Secs. 63.988(b),
63.990(b), 63.994(b), or 63.995(b), and also include that data in the
Notification of Compliance Status required under Sec. 63.999(b). The
same data specified in this section shall be submitted in the reports
of all subsequently required performance tests where either the
emission control efficiency of a combustion device, or the outlet
concentration of TOC or regulated material is determined.
(B) Nonflare combustion device. Where an owner or operator subject
to the provisions of this paragraph seeks to demonstrate compliance
with a percent reduction requirement or a parts per million by volume
requirement using a nonflare combustion device the information
specified in (a)(2)(ii)(B)(1) through (6) of this section shall be
recorded.
(1) For thermal incinerators, record the fire box temperature
averaged over the full period of the performance test.
(2) For catalytic incinerators, record the upstream and downstream
temperatures and the temperature difference across the catalyst bed
averaged over the full period of the performance test.
(3) For a boiler or process heater with a design heat input
capacity less than 44 megawatts and a vent stream that is not
introduced with or as the primary fuel, record the fire box temperature
averaged over the full period of the performance test.
(4) For an incinerator, record the percent reduction of organic
regulated material, if applicable, or TOC achieved by the incinerator
determined as specified in Sec. 63.997(e)(2)(iv), as applicable, or the
concentration of organic regulated material (parts per million by
volume, by compound) determined as specified in Sec. 63.997(e)(2)(iii)
at the outlet of the incinerator.
(5) For a boiler or process heater, record a description of the
location at which the vent stream is introduced into the boiler or
process heater.
(6) For a boiler or process heater with a design heat input
capacity of less than
[[Page 34880]]
44 megawatts and where the process vent stream is introduced with
combustion air or used as a secondary fuel and is not mixed with the
primary fuel, record the percent reduction of organic regulated
material or TOC, or the concentration of regulated material or TOC
(parts per million by volume, by compound) determined as specified in
Sec. 63.997(e)(2) at the outlet of the combustion device.
(C) Other nonflare control devices. Where an owner or operator
seeks to use an absorber, condenser, or carbon adsorber as a control
device, the information specified in paragraphs (a)(2)(ii)(C)(1)
through (5) of this section shall be recorded, as applicable.
(1) Where an absorber is used as the control device, the exit
specific gravity and average exit temperature of the absorbing liquid
averaged over the same time period as the performance test (both
measured while the vent stream is normally routed and constituted); or
(2) Where a condenser is used as the control device, the average
exit (product side) temperature averaged over the same time period as
the performance test while the vent stream is routed and constituted
normally; or
(3) Where a carbon adsorber is used as the control device, the
total regeneration stream mass flow during each carbon-bed regeneration
cycle during the period of the performance test, and temperature of the
carbon-bed after each regeneration during the period of the performance
test (and within 15 minutes of completion of any cooling cycle or
cycles; or
(4) As an alternative to paragraph (a)(2)(ii)(C)(1), (2), or (3) of
this section, the concentration level or reading indicated by an
organics monitoring device at the outlet of the absorber, condenser, or
carbon adsorber averaged over the same time period as the performance
test while the vent stream is normally routed and constituted.
(5) For an absorber, condenser, or carbon adsorber used as a
control device, the percent reduction of regulated material achieved by
the control device or concentration of regulated material (parts per
million by volume, by compound) at the outlet of the control device.
(D) Halogen reduction devices. When using a scrubber following a
combustion device to control a halogenated vent stream, record the
information specified in paragraphs (a)(2)(ii)(D)(1) through (3) of
this section.
(1) The percent reduction or scrubber outlet mass emission rate of
total hydrogen halides and halogens as specified in Sec. 63.997(e)(3).
(2) The pH of the scrubber effluent averaged over the time period
of the performance test; and
(3) The scrubber liquid-to-gas ratio averaged over the time period
of the performance test.
(3) Recovery device monitoring records during TRE index value
determination. For process vents that require control of emissions
under a referencing subpart, owners or operators using a recovery
device to maintain a TRE above a level specified in the referencing
subpart shall maintain the continuous records specified in paragraph
(a)(3)(i) through (v) of this section, as applicable, and submit
reports as specified in Sec. 63.999(a)(2)(iii)(C).
(i) Where an absorber is the final recovery device in the recovery
system and the saturated scrubbing fluid and specific gravity of the
scrubbing fluid is greater than or equal to 0.02 specific gravity
units, the exit specific gravity (or alternative parameter that is a
measure of the degree of absorbing liquid saturation if approved by the
Administrator) and average exit temperature of the absorbing liquid
averaged over the same time period as the TRE index value determination
(both measured while the vent stream is normally routed and
constituted); or
(ii) Where a condenser is the final recovery device in the recovery
system, the average exit (product side) temperature averaged over the
same time period as the TRE index value determination while the vent
stream is routed and constituted normally; or
(iii) Where a carbon adsorber is the final recovery device in the
recovery system, the total regeneration stream mass flow during each
carbon-bed regeneration cycle during the period of the TRE index value
determination, and temperature of the carbon-bed after each
regeneration during the period of the TRE index value determination
(and within 15 minutes of completion of any cooling cycle or cycles);
or
(iv) As an alternative to paragraph (a)(3)(i), (ii), or (iii) of
this section, the concentration level or reading indicated by an
organics monitoring device at the outlet of the absorber, condenser, or
carbon adsorber averaged over the same time period as the TRE index
value determination while the vent stream is normally routed and
constituted.
(v) All measurements and calculations performed to determine the
TRE index value of the vent stream as specified in a referencing
subpart.
(4) Halogen concentration records. Record the halogen concentration
in the vent stream determined according to the procedures specified in
a referencing subpart. Submit this record in the Notification of
Compliance Status, as specified in Sec. 63.999(b)(4). If the owner or
operator designates the vent stream as halogenated, then this shall be
recorded and reported in the Notification of Compliance Status report.
(b) Continuous records and monitoring system data handling. (1)
Continuous records. Where this subpart requires a continuous record,
the owner or operator shall maintain a record as specified in
paragraphs (b)(1)(i) through (iv) of this section, as applicable:
(i) A record of values measured at least once every 15 minutes or
each measured value for systems which measure more frequently than once
every 15 minutes; or
(ii) A record of block average values for 15-minute or shorter
periods calculated from all measured data values during each period or
from at least one measured data value per minute if measured more
frequently than once per minute.
(iii) Where data is collected from an automated continuous
parameter monitoring system, the owner or operator may calculate and
retain block hourly average values from each 15-minute block average
period or from at least one measured value per minute if measured more
frequently than once per minute, and discard all but the most recent
three valid hours of continuous (15-minute or shorter) records, if the
hourly averages do not exclude periods of CPMS breakdown or
malfunction. An automated CPMS records the measured data and calculates
the hourly averages through the use of a computerized data acquisition
system.
(iv) A record as required by an alternative approved under a
referencing subpart.
(2) Excluded data. Monitoring data recorded during periods
identified in paragraphs (b)(2)(i) through (iii) of this section shall
not be included in any average computed to determine compliance with an
emission limit in a referencing subpart.
(i) Monitoring system breakdowns, repairs, preventive maintenance,
calibration checks, and zero (low-level) and high-level adjustments;
(ii) Periods of non-operation of the process unit (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies; and
(iii) Start-ups, shutdowns, and malfunctions, if the owner or
operator follows the applicable provisions of the start-up, shutdown,
and malfunction plan required by a referencing subpart and maintains
the records specified in paragraph (d)(3) of this section.
[[Page 34881]]
(3) Records of daily averages. In addition to the records specified
in paragraph (a), owners or operators shall keep records as specified
in paragraphs (b)(3)(i) and (ii) of this section and submit reports as
specified in Sec. 63.999(c), unless an alternative recordkeeping system
has been requested and approved under a referencing subpart.
(i) Except as specified in paragraph (b)(3)(ii) of this section,
daily average values of each continuously monitored parameter shall be
calculated from data meeting the specifications of paragraph (b)(2) of
this section for each operating day and retained for 5 years.
(A) The daily average shall be calculated as the average of all
values for a monitored parameter recorded during the operating day. The
average shall cover a 24-hour period if operation is continuous, or the
period of operation per operating day if operation is not continuous
(e.g., for transfer racks the average shall cover periods of loading).
If values are measured more frequently than once per minute, a single
value for each minute may be used to calculate the daily average
instead of all measured values.
(B) The operating day shall be the period defined in the operating
permit or in the Notification of Compliance Status. It may be from
midnight to midnight or another daily period.
(ii) If all recorded values for a monitored parameter during an
operating day are within the range established in the Notification of
Compliance Status or in the operating permit, the owner or operator may
record that all values were within the range and retain this record for
5 years rather than calculating and recording a daily average for that
operating day. In such cases, the owner or operator may not discard the
recorded values as allowed in paragraph (b)(1)(iii) of this section.
(4) [Reserved]
(5) Alternative recordkeeping. For any parameter with respect to
any item of equipment associated with a process vent or transfer rack
(except low throughput transfer loading racks), the owner or operator
may implement the recordkeeping requirements in paragraphs (b)(5)(i) or
(ii) of this section as alternatives to the recordkeeping provisions
listed in paragraphs (b)(1) through (3) of this section. The owner or
operator shall retain each record required by paragraphs (b)(5)(i) or
(ii) of this section as provided in a referencing subpart.
(i) The owner or operator may retain only the daily average value,
and is not required to retain more frequently monitored operating
parameter values, for a monitored parameter with respect to an item of
equipment, if the requirements of paragraphs (b)(5)(i)(A) through (F)
of this section are met. The owner or operator shall notify the
Administrator in the Notification of Compliance Status as specified in
Sec. 63.999(b)(5) or, if the Notification of Compliance Status has
already been submitted, in the Periodic Report immediately preceding
implementation of the requirements of this paragraph, as specified in
Sec. 63.999(c)(6)(iv).
(A) The monitoring system is capable of detecting unrealistic or
impossible data during periods of operation other than start-ups,
shutdowns or malfunctions (e.g., a temperature reading of -200 deg. C
on a boiler), and will alert the operator by alarm or other means. The
owner or operator shall record the occurrence. All instances of the
alarm or other alert in an operating day constitute a single
occurrence.
(B) The monitoring system generates a running average of the
monitoring values, updated at least hourly throughout each operating
day, that have been obtained during that operating day, and the
capability to observe this average is readily available to the
Administrator on-site during the operating day. The owner or operator
shall record the occurrence of any period meeting the criteria in
paragraphs (b)(5)(i)(B)(1) through (3) of this section. All instances
in an operating day constitute a single occurrence.
(1) The running average is above the maximum or below the minimum
established limits;
(2) The running average is based on at least six one-hour average
values; and
(3) The running average reflects a period of operation other than a
start-up, shutdown, or malfunction.
(C) The monitoring system is capable of detecting unchanging data
during periods of operation other than start-ups, shutdowns or
malfunctions, except in circumstances where the presence of unchanging
data is the expected operating condition based on past experience
(e.g., pH in some scrubbers), and will alert the operator by alarm or
other means. The owner or operator shall record the occurrence. All
instances of the alarm or other alert in an operating day constitute a
single occurrence.
(D) The monitoring system will alert the owner or operator by an
alarm, if the running average parameter value calculated under
paragraph (b)(5)(i)(B) of this section reaches a set point that is
appropriately related to the established limit for the parameter that
is being monitored.
(E) The owner or operator shall verify the proper functioning of
the monitoring system, including its ability to comply with the
requirements of paragraph (b)(5)(i) of this section, at the times
specified in paragraphs (b)(5)(i)(E)(1) through (3) of this section.
The owner or operator shall document that the required verifications
occurred.
(1) Upon initial installation.
(2) Annually after initial installation.
(3) After any change to the programming or equipment constituting
the monitoring system that might reasonably be expected to alter the
monitoring system's ability to comply with the requirements of this
section.
(F) The owner or operator shall retain the records identified in
paragraphs (b)(5)(i)(F)(1) through (4) of this section.
(1) Identification of each parameter, for each item of equipment,
for which the owner or operator has elected to comply with the
requirements of paragraph (b)(5)(i) of this section.
(2) A description of the applicable monitoring system(s), and of
how compliance will be achieved with each requirement of paragraph
(b)(5)(i)(A) through (E) of this section. The description shall
identify the location and format (e.g., on-line storage; log entries)
for each required record. If the description changes, the owner or
operator shall retain both the current and the most recent superseded
description. The description, and the most recent superseded
description, shall be retained as provided in the subpart that
references this subpart, except as provided in paragraph
(b)(5)(i)(F)(1) of this section.
(3) A description, and the date, of any change to the monitoring
system that would reasonably be expected to affect its ability to
comply with the requirements of paragraph (b)(5)(i) of this section.
(4) Owners and operators subject to paragraph (b)(5)(i)(F)(2) of
this section shall retain the current description of the monitoring
system as long as the description is current, but not less than 5 years
from the date of its creation. The current description shall be
retained on-site at all times or be accessible from a central location
by computer or other means that provides access within 2 hours after a
request. The owner or operator shall retain the most recent superseded
description at least until 5 years from the date of its creation. The
superseded description shall be retained on-site (or accessible from a
central location by computer that provides access within 2 hours after
a request) at least 6 months after being superseded.
[[Page 34882]]
Thereafter, the superseded description may be stored off-site.
(ii) If an owner or operator has elected to implement the
requirements of paragraph (b)(5)(i) of this section, and a period of 6
consecutive months has passed without an excursion as defined in
paragraph (b)(6)(i) of this section, the owner or operator is no longer
required to record the daily average value for that parameter for that
unit of equipment, for any operating day when the daily average value
is less than the maximum, or greater than the minimum established
limit. With approval by the Administrator, monitoring data generated
prior to the compliance date of this subpart shall be credited toward
the period of 6 consecutive months, if the parameter limit and the
monitoring were required and/or approved by the Administrator.
(A) If the owner or operator elects not to retain the daily average
values, the owner or operator shall notify the Administrator in the
next Periodic Report, as specified in Sec. 63.999(c)(6)(i). The
notification shall identify the parameter and unit of equipment.
(B) If there is an excursion as defined in paragraph (b)(6)(i) of
this section on any operating day after the owner or operator has
ceased recording daily averages as provided in paragraph (b)(5)(ii) of
this section, the owner or operator shall immediately resume retaining
the daily average value for each operating day, and shall notify the
Administrator in the next Periodic Report, as specified in
Sec. 63.999(c). The owner or operator shall continue to retain each
daily average value until another period of 6 consecutive months has
passed without an excursion as defined in paragraph (b)(6)(i) of this
section.
(C) The owner or operator shall retain the records specified in
paragraphs (b)(5)(i)(A) through (F) of this section for the duration
specified in a referencing subpart. For any week, if compliance with
paragraphs (b)(5)(i)(A) through (D) of this section does not result in
retention of a record of at least one occurrence or measured parameter
value, the owner or operator shall record and retain at least one
parameter value during a period of operation other than a start-up,
shutdown, or malfunction.
(6)(i) For the purposes of this section, an excursion means that
the daily average value of monitoring data for a parameter is greater
than the maximum, or less than the minimum established value, except as
provided in paragraphs (b)(6)(i)(A) and (B) of this section.
(A) The daily average value during any start-up, shutdown or
malfunction shall not be considered an excursion if the owner or
operator follows the applicable provisions of the start-up, shutdown,
and malfunction plan required by a referencing subpart and maintains
the records specified in paragraph (d)(3) of this section.
(B) An excused excursion, as described in paragraph (b)(6)(ii),
does not count toward the number of excursions for the purposes of this
subpart.
(ii) One excused excursion for each control device or recovery
device for each semiannual period is allowed. If a source has developed
a start-up, shutdown and malfunction plan, and a monitored parameter is
outside its established range or monitoring data are not collected
during periods of start-up, shutdown, or malfunction (and the source is
operated during such periods in accordance with the start-up, shutdown,
and malfunction plan) or during periods of nonoperation of the process
unit or portion thereof (resulting in cessation of the emissions to
which monitoring applies), then the excursion is not a violation and,
in cases where continuous monitoring is required, the excursion does
not count as the excused excursion for determining compliance.
(c) Nonflare control and recovery device regulated source
monitoring records. (1) Monitoring system records. For process vents
and high throughput transfer racks, the owner or operator subject to
this subpart shall keep the records specified in this paragraph, as
well as records specified elsewhere in this subpart.
(i) For a CPMS used to comply with this part, a record of the
procedure used for calibrating the CPMS.
(ii) For a CPMS used to comply with this subpart, records of the
information specified in paragraphs (c)(ii)(A) through (H) of this
section, as indicated in a referencing subpart.
(A) The date and time of completion of calibration and preventive
maintenance of the CPMS.
(B) The ``as found'' and ``as left'' CPMS readings, whenever an
adjustment is made that affects the CPMS reading and a ``no
adjustment'' statement otherwise.
(C) The start time and duration or start and stop times of any
periods when the CPMS is inoperative.
(D) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of CPMS used to comply with this subpart
during which excess emissions (as defined in a referencing subpart)
occur.
(E) For each start-up, shutdown, and malfunction during which
excess emissions as defined in a referencing subpart occur, records
whether the procedures specified in the source's start-up, shutdown,
and malfunction plan were followed, and documentation of actions taken
that are not consistent with the plan. These records may take the form
of a ``checklist,'' or other form of recordkeeping that confirms
conformance with the start-up, shutdown, and malfunction plan for the
event.
(F) Records documenting each start-up, shutdown, and malfunction
event.
(G) Records of CPMS start-up, shutdown, and malfunction event that
specify that there were no excess emissions during the event, as
applicable.
(H) Records of the total duration of operating time.
(2) Combustion control and halogen reduction device monitoring
records. (i) Each owner or operator using a combustion control or
halogen reduction device to comply with this subpart shall keep the
following records up-to-date and readily accessible, as applicable.
Continuous records of the equipment operating parameters specified to
be monitored under Secs. 63.988(c) (incinerator, boiler, and process
heater monitoring), 63.994(c) (halogen reduction device monitoring),
and 63.995(c) (other combustion systems used as control device
monitoring) or approved by the Administrator in accordance with a
referencing subpart.
(ii) Each owner or operator shall keep records of the daily average
value of each continuously monitored parameter for each operating day
determined according to the procedures specified in paragraph (b)(3)(i)
of this section. For catalytic incinerators, record the daily average
of the temperature upstream of the catalyst bed and the daily average
of the temperature differential across the bed. For halogen scrubbers
record the daily average pH and the liquid-to-gas ratio.
(iii) Each owner or operator subject to the provisions of this
subpart shall keep up-to-date, readily accessible records of periods of
operation during which the parameter boundaries are exceeded. The
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
(3) Monitoring records for recovery devices, absorbers, condensers,
carbon adsorbers or other noncombustion systems used as control
devices. (i) Each owner or operator using a recovery device to achieve
and maintain a TRE index value greater than the control applicability
level specified in the referencing subpart but less than 4.0 or using
an absorber, condenser, carbon adsorber or other non-combustion
[[Page 34883]]
system as a control device shall keep readily accessible, continuous
records of the equipment operating parameters specified to be monitored
under Secs. 63.990(c) (absorber, condenser, and carbon adsorber
monitoring), 63.993(c) (recovery device monitoring), or 63.995(c)
(other noncombustion systems used as a control device monitoring) or as
approved by the Administrator in accordance with a referencing subpart.
For transfer racks, continuous records are required while the transfer
vent stream is being vented.
(ii) Each owner or operator shall keep records of the daily average
value of each continuously monitored parameter for each operating day
determined according to the procedures specified in paragraph (b)(3)(i)
of this section. If carbon adsorber regeneration stream flow and carbon
bed regeneration temperature are monitored, the records specified in
paragraphs (c)(3)(ii)(A) and (B) of this section shall be kept instead
of the daily averages.
(A) Records of total regeneration stream mass or volumetric flow
for each carbon-bed regeneration cycle.
(B) Records of the temperature of the carbon bed after each
regeneration and within 15 minutes of completing any cooling cycle.
(iii) Each owner or operator subject to the provisions of this
subpart shall keep up-to-date, readily accessible records of periods of
operation during which the parameter boundaries are exceeded. The
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
(d) Other records. (1) Closed vent system records. For closed vent
systems the owner or operator shall record the information specified in
paragraphs (d)(1)(i) through (iv) of this section, as applicable.
(i) For closed vent systems collecting regulated material from a
regulated source, the owner or operator shall record the identification
of all parts of the closed vent system, that are designated as unsafe
or difficult to inspect, an explanation of why the equipment is unsafe
or difficult to inspect, and the plan for inspecting the equipment
required by Sec. 63.983(b)(2)(ii) or (iii) of this section.
(ii) For each closed vent system that contains bypass lines that
could divert a vent stream away from the control device and to the
atmosphere, the owner or operator shall keep a record of the
information specified in either paragraph (d)(1)(ii)(A) or (B) of this
section, as applicable.
(A) Hourly records of whether the flow indicator specified under
Sec. 63.983(a)(3)(i) was operating and whether a diversion was detected
at any time during the hour, as well as records of the times of all
periods when the vent stream is diverted from the control device or the
flow indicator is not operating.
(B) Where a seal mechanism is used to comply with
Sec. 63.983(a)(3)(ii), hourly records of flow are not required. In such
cases, the owner or operator shall record that the monthly visual
inspection of the seals or closure mechanisms has been done, and shall
record the occurrence of all periods when the seal mechanism is broken,
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that
has been broken.
(iii) For a closed vent system collecting regulated material from a
regulated source, when a leak is detected as specified in
Sec. 63.983(d)(2), the information specified in paragraphs
(d)(1)(iii)(A) through (F) of this section shall be recorded and kept
for 5 years.
(A) The instrument and the equipment identification number and the
operator name, initials, or identification number.
(B) The date the leak was detected and the date of the first
attempt to repair the leak.
(C) The date of successful repair of the leak.
(D) The maximum instrument reading measured by the procedures in
Sec. 63.983(c) after the leak is successfully repaired or determined to
be nonrepairable.
(E) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 days after discovery of the leak. The owner or
operator may develop a written procedure that identifies the conditions
that justify a delay of repair. In such cases, reasons for delay of
repair may be documented by citing the relevant sections of the written
procedure.
(F) Copies of the Periodic Reports as specified in Sec. 63.999(c),
if records are not maintained on a computerized database capable of
generating summary reports from the records.
(iv) For each instrumental or visual inspection conducted in
accordance with Sec. 63.983(b)(1) for closed vent systems collecting
regulated material from a regulated source during which no leaks are
detected, the owner or operator shall record that the inspection was
performed, the date of the inspection, and a statement that no leaks
were detected.
(2) Storage vessel and transfer rack records. An owner or operator
shall keep readily accessible records of the information specified in
paragraphs (d)(2)(i) and (ii) of this section, as applicable.
(i) A record of the measured values of the parameters monitored in
accordance with Sec. 63.985(c) or Sec. 63.987(c).
(ii) A record of the planned routine maintenance performed on the
control system during which the control system does not meet the
applicable specifications of Secs. 63.983(a), 63.985(a), or 63.987(a),
as applicable, due to the planned routine maintenance. Such a record
shall include the information specified in paragraphs (d)(2)(ii)(A)
through (C) of this section. This information shall be submitted in the
Periodic Reports as specified in Sec. 63.999(c)(4).
(A) The first time of day and date the requirements of
Secs. 63.983(a), Sec. 63.985(a), or Sec. 63.987(a), as applicable, were
not met at the beginning of the planned routine maintenance, and
(B) The first time of day and date the requirements of
Secs. 63.983(a), 63.985(a), or 63.987(a), as applicable, were met at
the conclusion of the planned routine maintenance.
(C) A description of the type of maintenance performed.
(3) Regulated source and control equipment start-up, shutdown and
malfunction records. (i) Records of the occurrence and duration of each
start-up, shutdown, and malfunction of operation of process equipment
or of air pollution control equipment used to comply with this part
during which excess emissions (as defined in a referencing subpart)
occur.
(ii) For each start-up, shutdown, and malfunction during which
excess emissions occur, records that the procedures specified in the
source's start-up, shutdown, and malfunction plan were followed, and
documentation of actions taken that are not consistent with the plan.
For example, if a start-up, shutdown, and malfunction plan includes
procedures for routing control device emissions to a backup control
device (e.g., the incinerator for a halogenated stream could be routed
to a flare during periods when the primary control device is out of
service), records must be kept of whether the plan was followed. These
records may take the form of a ``checklist,'' or other form of
recordkeeping that confirms conformance with the start-up, shutdown,
and malfunction plan for the event.
(4) Equipment leak records. The owner or operator shall maintain
records of the information specified in paragraphs (d)(4)(i) and (ii)
of this section for closed vent systems and control devices if
specified by the equipment leak provisions in a
[[Page 34884]]
referencing subpart. The records specified in paragraph (d)(4)(i) of
this section shall be retained for the life of the equipment. The
records specified in paragraph (d)(4)(ii) of this section shall be
retained for 5 years.
(i) The design specifications and performance demonstrations
specified in paragraphs (d)(4)(i)(A) through (C) of this section.
(A) Detailed schematics, design specifications of the control
device, and piping and instrumentation diagrams.
(B) The dates and descriptions of any changes in the design
specifications.
(C) A description of the parameter or parameters monitored, as
required in a referencing subpart, to ensure that control devices are
operated and maintained in conformance with their design and an
explanation of why that parameter (or parameters) was selected for the
monitoring.
(ii) Records of operation of closed vent systems and control
devices, as specified in paragraphs (d)(4)(ii)(A) through (C) of this
section.
(A) Dates and durations when the closed vent systems and control
devices required are not operated as designed as indicated by the
monitored parameters.
(B) Dates and durations during which the monitoring system or
monitoring device is inoperative.
(C) Dates and durations of start-ups and shutdowns of control
devices required in this subpart.
(5) Records of monitored parameters outside of range. The owner or
operator shall record the occurrences and the cause of periods when the
monitored parameters are outside of the parameter ranges documented in
the Notification of Compliance Status report. This information shall
also be reported in the Periodic Report.
Sec. 63.999 Notifications and other reports.
(a) Performance test and flare compliance assessment notifications
and reports. (1) General requirements. General requirements for
performance test and flare compliance assessment notifications and
reports are specified in paragraphs (a)(1)(i) through (iii) of this
section.
(i) The owner or operator shall notify the Administrator of the
intention to conduct a performance test or flare compliance assessment
at least 30 days before such a compliance demonstration is scheduled to
allow the Administrator the opportunity to have an observer present. If
after 30 days notice for such an initially scheduled compliance
demonstration, there is a delay (due to operational problems, etc.) in
conducting the scheduled compliance demonstration, the owner or
operator of an affected facility shall notify the Administrator as soon
as possible of any delay in the original demonstration date. The owner
or operator shall provide at least 7 days prior notice of the
rescheduled date of the compliance demonstration, or arrange a
rescheduled date with the Administrator by mutual agreement.
(ii) Unless specified differently in this subpart or a referencing
subpart, performance test and flare compliance assessment reports, not
submitted as part of a Notification of Compliance Status report, shall
be submitted to the Administrator within 60 days of completing the test
or determination.
(iii) Any application for a waiver of an initial performance test
or flare compliance assessment, as allowed by Sec. 63.997(b)(2), shall
be submitted no later than 90 days before the performance test or
compliance assessment is required. The application for a waiver shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the source performing the test.
(iv) Any application to substitute a prior performance test or
compliance assessment for an initial performance test or compliance
assessment, as allowed by Sec. 63.997(b)(1), shall be submitted no
later than 90 days before the performance test or compliance test is
required. The application for substitution shall include information
demonstrating that the prior performance test or compliance assessment
was conducted using the same methods specified in Sec. 63.997(e) or
Sec. 63.987(b)(3), as applicable. The application shall also include
information demonstrating that no process changes have been made since
the test, or that the results of the performance test or compliance
assessment reliably demonstrate compliance despite process changes.
(2) Performance test and flare compliance assessment report
submittal and content requirements. Performance test and flare
compliance assessment reports shall be submitted as specified in
paragraphs (a)(2)(i) through (iii) of this section.
(i) For performance tests or flare compliance assessments, the
Notification of Compliance Status or performance test and flare
compliance assessment report shall include one complete test report as
specified in paragraph (a)(2)(ii) of this section for each test method
used for a particular kind of emission point and other applicable
information specified in (a)(2)(iii) of this section. For additional
tests performed for the same kind of emission point using the same
method, the results and any other information required in applicable
sections of this subpart shall be submitted, but a complete test report
is not required.
(ii) A complete test report shall include a brief process
description, sampling site description, description of sampling and
analysis procedures and any modifications to standard procedures,
quality assurance procedures, record of operating conditions during the
test, record of preparation of standards, record of calibrations, raw
data sheets for field sampling, raw data sheets for field and
laboratory analyses, documentation of calculations, and any other
information required by the test method.
(iii) The performance test or flare compliance assessment report
shall also include the information specified in (a)(2)(iii)(A) through
(C) of this section, as applicable.
(A) For flare compliance assessments, the owner or operator shall
submit the records specified in Sec. 63.998(a)(1)(i).
(B) For nonflare control device and halogen reduction device
performance tests as required under Secs. 63.988(b), 63.990(b),
63.994(b), or 63.995(b), also submit the records specified in
Sec. 63.998(a)(2)(ii), as applicable.
(C) For recovery devices also submit the records specified in
Sec. 63.998(a)(3), as applicable.
(b) Notification of Compliance Status. (1) Routing storage vessel
or transfer rack emissions to a process or fuel gas system. An owner or
operator who elects to comply with Sec. 63.982 by routing emissions
from a storage vessel or transfer rack to a process or to a fuel gas
system, as specified in Sec. 63.984, shall submit as part of the
Notification of Compliance Status the information specified in
paragraphs (b)(1)(i) and (ii), or (iii) of this section, as applicable.
(i) If storage vessels emissions are routed to a process, the owner
or operator shall submit the information specified in Sec. 63.984(b)(2)
and (3).
(ii) As specified in Sec. 63.984(c), if storage vessels emissions
are routed to a fuel gas system, the owner or operator shall submit a
statement that the emission stream is connected to the fuel gas system
and whether the conveyance system is subject to the requirements of
Sec. 63.983.
(iii) As specified in Sec. 63.984(c), report that the transfer rack
emission stream is being routed to a fuel gas system or process, when
complying with a referencing subpart.
(2) Routing storage vessel or low throughput transfer rack
emissions to a nonflare control device. An owner or
[[Page 34885]]
operator who elects to comply with Sec. 63.982 by routing emissions
from a storage vessel or low throughput transfer rack to a nonflare
control device, as specified in Sec. 63.985, shall submit, with the
Notification of Compliance Status required by a referencing subpart,
the applicable information specified in paragraphs (b)(2)(i) through
(vi) of this section. Owners and operators who elect to comply with
Sec. 63.985(b)(1)(i) by submitting a design evaluation shall submit the
information specified in paragraphs (b)(2)(i) through (iv) of this
section. Owners and operators who elect to comply with
Sec. 63.985(b)(1)(ii) by submitting performance test results from a
control device for a storage vessel or low throughput transfer rack
shall submit the information specified in paragraphs (b)(2)(i), (ii),
(iv), and (v) of this section. Owners and operators who elect to comply
with Sec. 63.985(b)(1)(ii) by submitting performance test results from
a shared control device shall submit the information specified in
paragraph (b)(2)(vi) of this section.
(i) A description of the parameter or parameters to be monitored to
ensure that the control device is being properly operated and
maintained, an explanation of the criteria used for selection of that
parameter (or parameters), and the frequency with which monitoring will
be performed (e.g., when the liquid level in the storage vessel is
being raised). If continuous records are specified, indicate whether
the provisions of Sec. 63.999(c)(6) apply.
(ii) The operating range for each monitoring parameter identified
in the monitoring plan required by Sec. 63.985(c)(1). The specified
operating range shall represent the conditions for which the control
device is being properly operated and maintained.
(iii) The documentation specified in Sec. 63.985(b)(1)(i), if the
owner or operator elects to prepare a design evaluation.
(iv) The provisions of paragraph (c)(6) of this section do not
apply to any low throughput transfer rack for which the owner or
operator has elected to comply with Sec. 63.985 or to any storage
vessel for which the owner or operator is not required, by the
applicable monitoring plan established under Sec. 63.985(c)(1), to keep
continuous records. If continuous records are required, the owner or
operator shall specify in the monitoring plan whether the provisions of
paragraph (c)(6) of this section apply.
(v) A summary of the results of the performance test described in
Sec. 63.985(b)(1)(ii). If such a performance test is conducted, submit
the results of the performance test, including the information
specified in Sec. 63.999(a)(2)(ii) and (iii).
(vi) Identification of the storage vessel or transfer rack and
control device for which the performance test will be submitted, and
identification of the emission point(s), if any, that share the control
device with the storage vessel or transfer rack and for which the
performance test will be conducted.
(3) Operating range for monitored parameters. The owner or operator
shall submit as part of the Notification of Compliance Status, the
operating range for each monitoring parameter identified for each
control, recovery, or halogen reduction device as determined pursuant
to Sec. 63.996(c)(6). The specified operating range shall represent the
conditions for which the control, recovery, or halogen reduction device
is being properly operated and maintained. This report shall include
the information in paragraphs (b)(3)(i) through (iii) of this section,
as applicable, unless the range and the operating day have been
established in the operating permit.
(i) The specific range of the monitored parameter(s) for each
emission point;
(ii) The rationale for the specific range for each parameter for
each emission point, including any data and calculations used to
develop the range and a description of why the range indicates proper
operation of the control, recovery, or halogen reduction device, as
specified in paragraphs (b)(3)(ii)(A), (B), or (C) of this section, as
applicable.
(A) If a performance test or TRE index value determination is
required by a referencing subpart for a control, recovery or halogen
reduction device, the range shall be based on the parameter values
measured during the TRE index value determination or performance test
and may be supplemented by engineering assessments and/or
manufacturer's recommendations. TRE index value determinations and
performance testing are not required to be conducted over the entire
range of permitted parameter values.
(B) If a performance test or TRE index value determination is not
required by a referencing subpart for a control, recovery, or halogen
reduction device, the range may be based solely on engineering
assessments and/or manufacturer's recommendations.
(C) The range may be based on ranges or limits previously
established under a referencing subpart.
(iii) A definition of the source's operating day for purposes of
determining daily average values of monitored parameters. The
definition shall specify the times at which an operating day begins and
ends.
(4) Halogen reduction device. The owner or operator shall submit as
part of the Notification of Compliance Status the information recorded
pursuant to Sec. 63.998(a)(4).
(5) Alternative recordkeeping. The owner or operator shall notify
the Administrator in the Notification of Compliance Status if the
alternative recordkeeping requirements of Sec. 63.998(b)(5) are being
implemented. If the Notification of Compliance Status has already been
submitted, the notification must be in the periodic report submitted
immediately preceding implementation of the alternative, as specified
in paragraph (c)(6)(iv) of this section.
(c) Periodic reports. (1) Periodic reports shall include the
reporting period dates, the total source operating time for the
reporting period, and, as applicable, all information specified in this
section and in the referencing subpart, including reports of periods
when monitored parameters are outside their established ranges.
(2) For closed vent systems subject to the requirements of
Sec. 63.983, the owner or operator shall submit as part of the periodic
report the information specified in paragraphs (c)(2)(i) through (iii)
of this section, as applicable.
(i) The information recorded in Sec. 63.998(d)(1)(iii)(B) through
(E);
(ii) Reports of the times of all periods recorded under
Sec. 63.998(d)(1)(ii)(A) when the vent stream is diverted from the
control device through a bypass line; and
(iii) Reports of all times recorded under Sec. 63.998(d)(1)(ii)(B)
when maintenance is performed in car-sealed valves, when the seal is
broken, when the bypass line valve position is changed, or the key for
a lock-and-key type configuration has been checked out.
(3) For flares subject to this subpart, report all periods when all
pilot flames were absent or the flare flame was absent as recorded in
Sec. 63.998(a)(1)(i)(C).
(4) For storage vessels, the owner or operator shall include in
each periodic report required the information specified in paragraphs
(c)(4)(i) through (iii) of this section.
(i) For the 6-month period covered by the periodic report, the
information recorded in Sec. 63.998(d)(2)(ii)(A) through (C).
(ii) For the time period covered by the periodic report and the
previous periodic report, the total number of hours that the control
system did not meet the requirements of Secs. 63.983(a),
[[Page 34886]]
63.985(a), or 63.987(a) due to planned routine maintenance.
(iii) A description of the planned routine maintenance during the
next 6-month periodic reporting period that is anticipated to be
performed for the control system when it is not expected to meet the
required control efficiency. This description shall include the type of
maintenance necessary, planned frequency of maintenance, and expected
lengths of maintenance periods.
(5) If a control device other than a flare is used to control
emissions from storage vessels or low throughput transfer racks, the
periodic report shall describe each occurrence when the monitored
parameters were outside of the parameter ranges documented in the
Notification of Compliance Status in accordance with paragraph (b)(3)
of this section. The description shall include the information
specified in paragraphs (c)(5)(i) and (ii) of this section.
(i) Identification of the control device for which the measured
parameters were outside of the established ranges, and
(ii) The cause for the measured parameters to be outside of the
established ranges.
(6) For process vents and transfer racks (except low throughput
transfer racks), periodic reports shall include the information
specified in paragraphs (c)(6)(i) through (iv) of this section.
(i) Periodic reports shall include the daily average values of
monitored parameters, calculated as specified in Sec. 63.998(b)(3)(i)
for any days when the daily average value is outside the bounds as
defined in Sec. 63.998(c)(2)(iii) or (c)(3)(iii), or the data
availability requirements defined in paragraphs (c)(6)(i)(A) through
(D) of this section are not met, whether these excursions are excused
or unexcused excursions. For excursions caused by lack of monitoring
data, the duration of periods when monitoring data were not collected
shall be specified. An excursion means any of the cases listed in
paragraphs (c)(6)(i)(A) through (C) of this section. If the owner or
operator elects not to retain the daily average values pursuant to
Sec. 63.998(b)(5)(ii)(A), the owner or operator shall report this in
the periodic report.
(A) When the daily average value of one or more monitored
parameters is outside the permitted range.
(B) When the period of control or recovery device operation is 4
hours or greater in an operating day and monitoring data are
insufficient to constitute a valid hour of data for at least 75 percent
of the operating hours.
(C) When the period of control or recovery device operation is less
than 4 hours in an operating day and more than one of the hours during
the period of operation does not constitute a valid hour of data due to
insufficient monitoring data.
(D) Monitoring data are insufficient to constitute a valid hour of
data as used in paragraphs (c)(6)(i)(B) and (C) of this section, if
measured values are unavailable for any of the 15-minute periods within
the hour.
(ii) Report all carbon-bed regeneration cycles during which the
parameters recorded under Sec. 63.998(a)(2)(ii)(C) were outside the
ranges established in the Notification of Compliance Status or in the
operating permit.
(iii) The provisions of paragraph (c)(6)(i) and (ii) of this
section do not apply to any low throughput transfer rack for which the
owner or operator has elected to comply with Sec. 63.985 or to any
storage vessel for which the owner or operator is not required, by the
applicable monitoring plan established under Sec. 63.985(c)(1), to keep
continuous records. If continuous records are required, the owner or
operator shall specify in the monitoring plan whether the provisions of
paragraphs (c)(6)(i) and (c)(6)(ii) of this section apply.
(iv) If the owner or operator has chosen to use the alternative
recordkeeping requirements of Sec. 63.998(b)(5), and has not notified
the Administrator in the Notification of Compliance Status that the
alternative recordkeeping provisions are being implemented as specified
in paragraph (b)(5) of this section, the owner or operator shall notify
the Administrator in the periodic report submitted immediately
preceding implementation of the alternative. The notifications
specified in Sec. 63.998(b)(5)(ii) shall be included in the next
Periodic Report following the identified event.
(7) As specified in Sec. 63.997(c)(3), if an owner or operator at a
facility not required to obtain a title V permit elects at a later date
to replace an existing control or recovery device with a different
control or recovery device, then the Administrator shall be notified by
the owner or operator before implementing the change. This notification
may be included in the facility's periodic reporting.
(d) Requests for approval of monitoring alternatives. (1)
Alternatives to the continuous operating parameter monitoring and
recordkeeping provisions. Requests for approval to use alternatives to
continuous operating parameter monitoring and recordkeeping provisions,
as provided for in Sec. 63.996(d)(1), shall be submitted as specified
in a referencing subpart, and the referencing subpart will govern the
review and approval of such requests. The information specified in
paragraphs (d)(1)(i) and (ii) of this section shall be included.
(i) A description of the proposed alternative system; and
(ii) Information justifying the owner or operator's request for an
alternative method, such as the technical or economic infeasibility, or
the impracticality, of the regulated source using the required method.
(2) Monitoring a different parameter than those listed. Requests
for approval to monitor a different parameter than those established in
Sec. 63.996(c)(6) of this section or to set unique monitoring
parameters, as provided for in Sec. 63.996(d)(2), shall be submitted as
specified as specified in a referencing subpart, and the referencing
subpart will govern the review and approval of such requests. The
information specified in paragraphs (d)(2)(i) through (iii) of this
section shall be included in the request.
(i) A description of the parameter(s) to be monitored to ensure the
control technology or pollution prevention measure is operated in
conformance with its design and achieves the specified emission limit,
percent reduction, or nominal efficiency, and an explanation of the
criteria used to select the parameter(s);
(ii) A description of the methods and procedures that will be used
to demonstrate that the parameter indicates proper operation of the
control device, the schedule for this demonstration, and a statement
that the owner or operator will establish a range for the monitored
parameter(s) as part of the Notification of Compliance Status if
required under a referencing subpart, unless this information has
already been submitted; and
(iii) The frequency and content of monitoring, recording, and
reporting, if monitoring and recording is not continuous, or if reports
of daily average values when the monitored parameter value is outside
the established range will not be included in periodic reports under
paragraph (c) of this section. The rationale for the proposed
monitoring, recording, and reporting system shall be included.
3. Part 63 is amended by adding subpart TT to read as follows:
Subpart TT--National Emission Standards for Equipment Leaks--Control
Level 1
Sec.
63.1000 Applicability.
63.1001 Definitions.
63.1002 Compliance determination.
63.1003 Equipment identification.
63.1004 Instrument and sensory monitoring for leaks.
[[Page 34887]]
63.1005 Leak repair.
63.1006 Valves in gas and vapor service and in light liquid service
standards.
63.1007 Pumps in light liquid service standards.
63.1008 Connectors in gas and vapor service and in light liquid
service standards.
63.1009 Agitators in gas and vapor service and in light liquid
service standards.
63.1010 Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in liquid service; and
instrumentation systems standards.
63.1011 Pressure relief devices in gas and vapor service standards.
63.1012 Compressor standards.
63.1013 Sampling connection systems standards.
63.1014 Open-ended valves or lines standards.
63.1015 Closed vent systems and control devices; or emissions
routed to a fuel gas system or process standards.
63.1016 Alternative means of emission limitation: Enclosed-vented
process units.
63.1017 Recordkeeping requirements.
63.1018 Reporting requirements.
Subpart TT--National Emission Standards for Equipment Leaks--
Control Level 1
Sec. 63.1000 Applicability.
(a) The provisions of this subpart apply to the control of air
emissions from equipment leaks for which another subpart references the
use of this subpart for such air emission control. These air emission
standards for equipment leaks are placed here for administrative
convenience and only apply to those owners and operators of facilities
subject to the referencing subpart. The provisions of 40 CFR part 63
subpart A (General Provisions) do not apply to this subpart except as
noted in the referencing subpart.
(b) [Reserved]
(c) Exemptions. Paragraphs (c)(1) through (c)(3) delineate
equipment that is excluded from the requirements of this subpart.
(1) Equipment in vacuum service. Equipment that is in vacuum
service is excluded from the requirements of this subpart.
(2) Equipment in service less than 300 hours per calendar year.
Equipment that is in regulated material service less than 300 hours per
calendar year is excluded from the requirements of Secs. 63.1006
through 63.1015 of this subpart if it is identified as required in
paragraph (c)(2)(ii) of this section.
(3) Lines and equipment not containing process fluids. Except as
provided in a referencing subpart, lines and equipment not containing
process fluids are not subject to the provisions of this subpart.
Utilities, and other nonprocess lines, such as heating and cooling
systems which do not combine their materials with those in the
processes they serve, are not considered to be part of a process unit
or affected facility.
Sec. 63.1001 Definitions.
All terms used in this part shall have the meaning given them in
the Act and in this section.
Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented directly to the atmosphere.
Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Closed-vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or
glass-lined) as described in Sec. 63.1008(d)(2) of this subpart.
Control device means any combustion device, recovery device,
recapture device, or any combination of these devices used to comply
with this part. Such equipment or devices include, but are not limited
to, absorbers, carbon adsorbers, condensers, incinerators, flares,
boilers, and process heaters. Primary condensers on steam strippers or
fuel gas systems are not considered control devices.
Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, and instrumentation system in regulated material service;
and any control devices or systems used to comply with this subpart.
First attempt at repair, for the purposes of this subpart, means to
take action for the purpose of stopping or reducing leakage of organic
material to the atmosphere, followed by monitoring as specified in
Sec. 63.1004(b) and, as applicable, in Sec. 63.1004(c) of this subpart,
as appropriate, to verify whether the leak is repaired, unless the
owner or operator determines by other means that the leak is not
repaired.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as a fuel gas in combustion
equipment, such as furnaces and gas turbines, either singly or in
combination.
In gas or vapor service means that a piece of equipment in
regulated material service contains a gas or vapor at operating
conditions.
In heavy liquid service means that a piece of equipment in
regulated material is not in gas or vapor service or in light liquid
service.
In light liquid service means that a piece of equipment in
regulated-material service contains a liquid that meets the following
conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 deg. C,
(2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at
20 deg. C is equal to or greater than 20 percent by weight of the total
process stream, and
(3) The fluid is a liquid at operating conditions.
(Note to definition of ``In light liquid service'': Vapor pressures
may be determined by standard reference texts or ASTM D-2879.)
In liquid service means that a piece of equipment in regulated
material service is not in gas or vapor service.
In organic hazardous air pollutant or in organic HAP service means
that a piece of equipment either contains or contracts a fluid (liquid
or gas) that is at least 5 percent by weight of total organic HAP's as
determined according to the provisions of Sec. 63.180(d) of subpart H.
The provisions of Sec. 63.180(d) of Subpart H also specify how to
[[Page 34888]]
determine that a piece of equipment is not in organic HAP service.
In regulated material service means, for the purposes of this
subpart, equipment which meets the definition of ``in VOC service'',
``in VHAP service'', ``in organic hazardous air pollutant service,'' or
``in other chemicals or groups of chemicals service'' as defined in the
referencing subpart.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
Initial startup means for new sources, the first time the source
begins production. For additions or changes not defined as a new source
by this subpart, initial startup means the first time additional or
changed equipment is put into operation. Initial startup does not
include operation solely for testing of equipment. Initial startup does
not include subsequent startup of process units following malfunction
or process unit shutdowns. Except for equipment leaks, initial startup
also does not include subsequent startups (of process units following
changes in product for flexible operation units or following recharging
of equipment in batch unit operations).
Instrumentation system means a group of equipment components used
to condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are
the predominant type of equipment used in instrumentation systems;
however, other types of equipment may also be included in these
systems. Only valves nominally 1.27 centimeters (0.5 inches) and
smaller, and connectors nominally 1.91 centimeters (0.75 inches) and
smaller in diameter are considered instrumentation systems for the
purposes of this subpart. Valves greater than nominally 1.27
centimeters (0.5 inches) and connectors greater than nominally 1.91
centimeters (0.75 inches) associated with instrumentation systems are
not considered part of instrumentation systems and must be monitored
individually.
Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications
of liquids dripping include puddling or new stains that are indicative
of an existing evaporated drip.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a
process unit or affected facility shutdown.
Open-ended valve or line means any valve, except relief valves,
having one side of the valve seat in contact with process fluid and one
side open to atmosphere, either directly or through open piping.
Organic monitoring device means a unit of equipment used to
indicate the concentration level of organic compounds based on a
detection principle such as infra-red, photo ionization, or thermal
conductivity.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period due to a malfunction in the process.
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable
working pressure of the process equipment. A common pressure relief
device is a spring-loaded pressure relief valve. Devices that are
actuated either by a pressure of less than or equal to 2.5 pounds per
square inch gauge or by a vacuum are not pressure relief devices.
Process unit means the equipment specified in the definitions of
process unit in the applicable referencing subpart. If the referencing
subpart does not define process unit, then for the purposes of this
part, process unit means the equipment assembled and connected by pipes
or ducts to process raw materials and to manufacture an intended
product.
Process unit shutdown means a work practice or operational
procedure that stops production from a process unit, or part of a
process unit during which it is technically feasible to clear process
material from a process unit, or part of a process unit, consistent
with safety constraints and during which repairs can be affected. The
following are not considered process unit shutdowns:
(1) An unscheduled work practice or operations procedure that stops
production from a process unit, or part of a process unit, for less
than 24 hours.
(2) An unscheduled work practice or operations procedure that would
stop production from a process unit, or part of a process unit, for a
shorter period of time than would be required to clear the process
unit, or part of the process unit, of materials and start up the unit,
and would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
(3) The use of spare equipment and technically feasible bypassing
of equipment without stopping production.
Referencing subpart means the subpart which refers an owner or
operator to this subpart.
Regulated material, for purposes of this subpart, refers to gases
from volatile organic liquids (VOL), volatile organic compounds (VOC),
hazardous air pollutants (HAP), or other chemicals or groups of
chemicals that are regulated by the referencing subpart.
Regulated source for the purposes of this subpart, means the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a referencing subpart.
Relief device or valve means a valve used only to release an
unplanned, nonroutine discharge. A relief valve discharge can result
from an operator error, a malfunction such as a power failure or
equipment failure, or other unexpected cause that requires immediate
venting of gas from process equipment in order to avoid safety hazards
or equipment damage.
Repaired, for the purposes of this subpart means the following:
(1) Equipment is adjusted, or otherwise altered, to eliminate a
leak as defined in the applicable sections of this subpart, and
(2) Equipment, unless otherwise specified in applicable provisions
of this subpart, is monitored as specified in Sec. 63.1004(b) and, as
applicable in Secs. 63.1004(c) and 63.1015 of this part as appropriate,
to verify that emissions from the equipment are below the applicable
leak definition.
Routed to a process or route to a process means the emissions are
conveyed to any enclosed portion of a process unit where the emissions
are predominantly recycled and/or consumed in the same manner as a
material that fulfills the same function in the process and/or
transformed by chemical reaction into materials that are not regulated
materials and/or incorporated into a product; and /or recovered.
Sampling connection system means an assembly of equipment within a
process unit or affected facility used during periods of representative
operation to take samples of the process fluid. Equipment used to take
nonroutine grab samples is not considered a sampling connection system.
Screwed (threaded) connector means a threaded pipe fitting where
the threads are cut on the pipe wall and the
[[Page 34889]]
fitting requires only two pieces to make the connection (i.e., the pipe
and the fitting).
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow
rate, pH, or liquid level.
Set pressure means the pressure at which a properly operating
pressure relief device begins to open to relieve atypical process
system operating pressure.
Start-up means the setting into operation of a piece of equipment
or a control device that is subject to this subpart.
Sec. 63.1002 Compliance determination.
(a) General procedures for compliance determination. Compliance
with this subpart will be determined by review of the records required
by Sec. 63.1017 and the reports required by Sec. 63.1018, by review of
performance test results, and by inspections.
(b) Alternative means of emission limitation. The provisions of
paragraph (b) of this section do not apply to the performance standards
of Sec. 63.1001(b) for pressure relief devices, Sec. 63.1006(e)(4) for
valves designated as having no detectable emissions or Sec. 63.1012(f)
for compressors operating under the alternative compressor standard.
(1) An owner or operator may request a determination of alternative
means of emission limitation to the requirements of Secs. 63.1005
through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this
section. If the Administrator makes a determination that an alternative
means of emission limitation is a permissible alternative, the owner or
operator shall comply with the alternative.
(2) Permission to use an alternative means of emission limitation
shall be governed by the following procedures in paragraphs (b)(3)
through (b)(6) of this section.
(3) Where the standard is an equipment, design, or operational
requirement the criteria specified in paragraphs (b)(3)(i) and
(b)(3)(ii) shall be met.
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying emission performance test data for an
alternative means of emission limitation.
(ii) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
(4) Where the standard is a work practice the criteria specified in
paragraphs (b)(4)(i) through (b)(4)(iv) shall be met.
(i) Each owner or operator applying for permission shall be
responsible for collecting and verifying test data for an alternative
means of emission limitation.
(ii) For each kind of equipment for which permission is requested,
the emission reduction achieved by the alternative means of emission
limitation shall be demonstrated.
(iii) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices.
(iv) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve
the same or greater emission reduction as the required work practices
of this subpart.
(5) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
(6) If, in the judgement of the Administrator, an alternative means
of emission limitation will be approved, the Administrator will publish
a notice of the determination in the Federal Register.
(7)(i) Manufacturers of equipment used to control equipment leaks
of a regulated material may apply to the Administrator for permission
for an alternative means of emission limitation that achieves a
reduction in emissions of the regulated material achieved by the
equipment, design, and operational requirements of this subpart.
(ii) The Administrator will grant permission according to the
provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this
section.
Sec. 63.1003 Equipment identification.
(a) General equipment identification. Equipment subject to this
subpart shall be identified. Identification of the equipment does not
require physical tagging of the equipment. For example, the equipment
may be identified on a plant site plan, in log entries, by designation
of process unit or affected facility boundaries by some form of
weatherproof identification, or by other appropriate methods.
(b) Additional equipment identification. In addition to the general
identification required by paragraph (a) of this section, equipment
subject to any of the provisions in Secs. 63.1006 to 63.1015 shall be
specifically identified as required in paragraphs (b)(1) through (b)(5)
of this section, as applicable.
(1) Connectors. Except for inaccessible, ceramic, or ceramic-lined
connectors meeting the provisions of Sec. 63.1008(d)(2) and
instrumentation systems identified pursuant to paragraph (b)(4) of this
section, identify the connectors subject to the requirements of this
subpart. Connectors need not be individually identified if all
connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated.
(2) Routed to a process or fuel gas system or equipped with a
closed vent system and control device. Identify the equipment that the
owner or operator elects to route to a process or fuel gas system or
equip with a closed vent system and control device, under the
provisions of Sec. 63.1007(e)(3) (pumps in light liquid service),
Sec. 63.1009(e)(3) (agitators in gas and vapor service and in light
liquid service), Sec. 63.1011(d) (pressure relief devices in gas and
vapor service), Sec. 63.1012(e) (compressors), or Sec. 63.1016
(alternative means of emission limitation for enclosed vented process
units) of this subpart.
(3) Pressure relief devices. Identify the pressure relief devices
equipped with rupture disks, under the provisions of Sec. 63.1011(e) of
this subpart.
(4) Instrumentation systems. Identify instrumentation systems
subject to the provisions of Sec. 63.1010 of this subpart. Individual
components in an instrumentation system need not be identified.
(5) Equipment in service less than 300 hours per calendar year. The
identity, either by list, location (area or group), or other method, of
equipment in regulated material service less than 300 hours per
calendar year within a process unit or affected facilities subject to
the provisions of this subpart shall be recorded.
(c) Special equipment designations: Equipment that is unsafe or
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1006(e)(1), pumps
meeting the provisions of Sec. 63.1007(e)(5), connectors meeting the
provisions of Sec. 63.1008(d)(1), and agitators meeting the provisions
of Sec. 63.1009(e)(7) may be designated unsafe-to-monitor if the owner
or operator determines that monitoring personnel would be exposed to an
immediate danger as a consequence of complying with the monitoring
requirements of this subpart. Examples of an unsafe-to-monitor
equipment include, but is not limited to, equipment under extreme
pressure or heat.
[[Page 34890]]
(2) Designation and criteria for difficult-to-monitor. Valves
meeting the provisions of Sec. 63.1006(e)(2) of this subpart may be
designated difficult-to-monitor if the provisions of paragraph
(c)(2)(i) of this section apply. Agitators meeting the provisions of
Sec. 63.1009(f)(5) may be designated difficult-to-monitor if the
provisions of paragraph (c)(2)(ii) apply.
(i) Valves. (A) The owner or operator of the valve determines that
the equipment cannot be monitored without elevating the monitoring
personnel more than 2 meters (7 feet) above a support surface or it is
not accessible in a safe manner when it is in regulated material
service.
(B) The process unit or affected facility within which the valve is
located is an existing source, or the owner or operator designates less
than 3 percent of the total number of valves in a new source as
difficult-to-monitor.
(ii) Agitators. The owner or operator determines that the agitator
cannot be monitored without elevating the monitoring personnel more
than 2 meters (7 feet) above a support surface or it is not accessible
in a safe manner when it is in regulated material service.
(3) [Reserved]
(4) Identification of unsafe or difficult-to-monitor equipment. The
owner or operator shall record the identity of equipment designated as
unsafe-to-monitor according to the provisions of paragraph (c)(1) of
this section and the planned schedule for monitoring this equipment.
The owner or operator shall record the identity of equipment designated
as difficult-to-monitor according to the provisions of paragraph (c)(2)
of this section, the planned schedule for monitoring this equipment,
and an explanation why the equipment is difficult-to-monitor. This
record must be kept at the plant and be available for review by an
inspector.
(5) Written plan requirements. (i) The owner or operator of
equipment designated as unsafe-to-monitor except connectors meeting the
provisions of Sec. 63.1008(d)(1) according to the provisions of
paragraph (c)(1)(i) of this section shall have a written plan that
requires monitoring of the equipment as frequently as practical during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in Sec. 63.1005 if a leak is detected.
(ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section
shall have a written plan that requires monitoring of the equipment at
least once per calendar year, and repair of the equipment according to
the procedures in Sec. 63.1005 if a leak is detected.
(d) Special equipment designations: Unsafe-to-repair. (1)
Designation and criteria. Connectors subject to the provisions of
Sec. 63.1005(e) may be considered unsafe-to-repair if the owner or
operator determines that repair personnel would be exposed to an
immediate danger as a consequence of complying with the repair
requirements of this subpart, and if the connector will be repaired
before the end of the next process unit or affected facility shutdown
as specified in Sec. 63.1005(e) of this subpart.
(2) Identification of equipment. The identity of connectors
designated as unsafe-to-repair and an explanation why the connector is
unsafe-to-repair shall be recorded.
(e) Special equipment designations: Equipment operating with no
detectable emissions. (1) Designation and criteria. Equipment may be
designated as having no detectable emissions if it has no external
actuating mechanism in contact with the process fluid, and is operated
with emissions less than 500 parts per million above background as
determined by the method specified in Secs. 63.1004(b) and (c).
(2) Identification of equipment. The identity of equipment
designated as no detectable emissions shall be recorded.
(3) Identification of compressors operating under no detectable
emissions. Identify the compressors that the owner or operator elects
to designate as operating with an instrument reading of less than 500
parts per million above background, under the provisions of
Sec. 63.1012(f).
Sec. 63.1004 Instrument and sensory monitoring for leaks.
(a) Monitoring for leaks. The owner or operator of a regulated
source subject to this subpart shall monitor all regulated equipment as
specified in paragraph (a)(1) of this section for instrument monitoring
and paragraph (a)(2) of this section for sensory monitoring.
(1) Instrument monitoring for leaks. (i) Valves in gas and vapor
service and in light liquid service shall be monitored pursuant to
Sec. 63.1006(b).
(ii) Pumps in light liquid service shall be monitored pursuant to
Sec. 63.1007(b).
(iii) Connectors in gas and vapor service and in light liquid
service shall be monitored pursuant to Sec. 63.1008(b).
(iv) Agitators in gas and vapor service and in light liquid service
shall be monitored pursuant to Sec. 63.1009(b).
(v) Pressure relief devices in gas and vapor service shall be
monitored pursuant to Sec. 63.1011(c).
(vi) Compressors designated to operate with an instrument reading
less than 500 parts per million as described in Sec. 63.1003(e), shall
be monitored pursuant to Sec. 63.1012(f).
(2) Sensory monitoring for leaks. (i) Pumps in light liquid service
shall be observed pursuant to Sec. 63.1007(b)(3) and (e)(1)(v).
(ii) [Reserved]
(iii) Agitators in gas and vapor service and in light liquid
service shall be observed pursuant to Sec. 63.1009(b)(3) or (e)(1)(iv).
(iv) [Reserved]
(b) Instrument monitoring methods. Instrument monitoring, as
required under this subpart, shall comply with the requirements
specified in paragraphs (b)(1) through (b)(6) of this section.
(1) Monitoring method. Monitoring shall comply with Method 21 of 40
CFR part 60, appendix A.
(2) Detection instrument performance criteria. (i) Except as
provided for in paragraph (b)(2)(ii) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 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 representative
composition of the process fluid, and not for each individual HAP, VOC
or other regulated material individual chemical compound in the stream.
For process streams that contain nitrogen, air, water, or other inerts
that are not regulated materials, the representative stream response
factor shall be calculated on an inert-free basis. The response factor
may be determined at any concentration for which monitoring for leaks
will be conducted.
(ii) If there is no instrument commercially available that will
meet the performance criteria specified in paragraph (b)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid, calculated on an
inert-free basis as described in paragraph (b)(2)(i) of this section.
(3) Detection instrument calibration procedure. The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of 40 CFR part 60, appendix A.
(4) Detection instrument calibration gas. Calibration gases shall
be zero air (less than 10 parts per million of hydrocarbon in air); and
a mixture of methane in air at a concentration of approximately, but
less than, 10,000 parts per million; or a mixture of n-hexane in air at
a concentration of
[[Page 34891]]
approximately, but less than, 10,000 parts per million. A calibration
gas other than methane in air or n-hexane in air may be used if the
instrument does not respond to methane or n-hexane or if the instrument
does not meet the performance criteria specified in paragraph (b)(2)(i)
of this section. In such cases, the calibration gas may be a mixture of
one or more compounds to be measured in air.
(5) Monitoring performance. Monitoring shall be performed when the
equipment is in regulated material service or is in use with any other
detectable material.
(6) Monitoring data. Monitoring data obtained prior to the
regulated source becoming subject to the referencing subpart that do
not meet the criteria specified in paragraphs (b)(1) through (b)(5) of
this section may still be used to initially qualify for less frequent
monitoring under the provisions in Sec. 63.1006(a)(2), (b)(3) or (b)(4)
for valves provided the departures from the criteria specified or from
the specified monitoring frequency of Sec. 63.1006(b)(3) are minor and
do not significantly affect the quality of the data. Examples of minor
departures are monitoring at a slightly different frequency (such as
every six weeks instead of monthly or quarterly), following the
performance criteria of section 3.1.2(a) of Method 21 of Appendix A of
40 CFR part 60 instead of paragraph (b)(2) of this section, or
monitoring at a different leak definition if the data would indicate
the presence or absence of a leak at the concentration specified in the
referencing subpart. Failure to use a calibrated instrument is not
considered a minor departure.
(c) Instrument monitoring using background adjustments. The owner
or operator may elect to adjust or not to adjust the instrument
readings for background. If an owner or operator elects not to adjust
instrument readings for background, the owner or operator shall monitor
the equipment according to the procedures specified in paragraphs
(b)(1) through (b)(4) of this section. In such case, all instrument
readings shall be compared directly to the applicable leak definition
for the monitored equipment to determine whether there is a leak or to
determine compliance with Sec. 63.1011(b) (pressure relief devices in
gas and vapor service) or Sec. 63.1012(f) (compressors). If an owner or
operator elects to adjust instrument readings for background, the owner
or operator shall monitor the equipment according to the procedures
specified in paragraphs (c)(1) through (c)(4) of this section.
(1) The requirements of paragraphs (b)(1) through (b)(4) of this
section shall apply.
(2) The background level shall be determined, using the procedures
in Method 21 of 40 CFR part 60, appendix A.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible (as described in
Method 21 of 40 CFR part 60, appendix A).
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
to the applicable leak definitions for the monitored equipment to
determine whether there is a leak or to determine compliance with
Sec. 63.1011(b) (pressure relief devices in gas and vapor service) or
Sec. 63.1012(f) (compressors).
(d) Sensory monitoring methods. Sensory monitoring, as required
under this subpart, shall consist of detection of a potential leak to
the atmosphere by visual, audible, olfactory, or any other detection
method.
(e) Leaking equipment identification and records. (1) When each
leak is detected pursuant to the monitoring specified in paragraph (a)
of this section, a weatherproof and readily visible identification,
marked with the equipment identification, shall be attached to the
leaking equipment.
(2) When each leak is detected, the information specified in
Sec. 63.1005(e) shall be recorded and kept pursuant to the referencing
subpart.
Sec. 63.1005 Leak repair.
(a) Leak repair schedule. The owner or operator shall repair each
leak detected no later than 15 calendar days after it is detected,
except as provided in paragraphs (c) and (d) of this section. A first
attempt at repair shall be made no later than 5 calendar days after the
leak is detected. First attempt at repair for pumps includes, but is
not limited to, tightening the packing gland nuts and/or ensuring that
the seal flush is operating at design pressure and temperature. First
attempt at repair for valves includes, but is not limited to,
tightening the bonnet bolts, and/or replacing the bonnet bolts, and/or
tightening the packing gland nuts, and/or injecting lubricant into the
lubricated packing.
(b) Leak identification removal. (1) Valves in gas/vapor and light
liquid service. The leak identification on a valve in gas/vapor or
light liquid service may be removed after it has been monitored as
specified in Sec. 63.1006(b), and no leak has been detected during that
monitoring. The leak identification on a connector in gas/vapor or
light liquid service may be removed after it has been monitored as
specified in Sec. 63.1008(b) and no leak has been detected during that
monitoring.
(2) Other equipment. The identification that has been placed,
pursuant to Sec. 63.1004(e), on equipment determined to have a leak,
except for a valve in gas/vapor or light liquid service, may be removed
after it is repaired.
(c) Delay of repair. Delay of repair can be used as specified in
any of paragraphs (c)(1) through (c)(5) of this section. The owner or
operator shall maintain a record of the facts that explain any delay of
repairs and, where appropriate, why the repair was technically
infeasible without a process unit shutdown.
(1) Delay of repair of equipment for which leaks have been detected
is allowed if the repair is technically infeasible without a process
unit or affected facility shutdown within 15 days after a leak is
detected. Repair of this equipment shall occur as soon as practical,
but not later than by the end of the next process unit or affected
facility shutdown, except as provided in paragraph (c)(5) of this
section.
(2) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that
does not remain in regulated material service.
(3) Delay of repair for valves, connectors, and agitators is also
allowed if the criteria specified in paragraphs (c)(3)(i) and
(c)(3)(ii) are met.
(i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair, and
(ii) When repair procedures are effected, the purged material is
collected and destroyed, or recovered in a control or recovery device,
or routed to a fuel gas system or process complying with Sec. 63.1015
or Sec. 63.1002(b) of this part.
(4) Delay of repair for pumps is allowed if the criteria specified
in paragraphs (c)(4)(i) and (c)(4)(ii) are met.
(i) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined will provide better
performance or one of the specifications of paragraphs (c)(4)(i)(A)
through (c)(4)(i)(C) of this section are met.
(A) A dual mechanical seal system that meets the requirements of
Sec. 63.1007(e)(1) will be installed,
(B) A pump that meets the requirements of Sec. 63.1007(e)(2) will
be installed; or
[[Page 34892]]
(C) A system that routes emissions to a process or a fuel gas
system or a closed vent system and control device that meets the
requirements of Sec. 63.1007(e)(3) will be installed.
(ii) Repair is to be completed as soon as practical, but not later
than 6 months after the leak was detected.
(5) Delay of repair beyond a process unit or affected facility
shutdown will be allowed for a valve if valve assembly replacement is
necessary during the process unit or affected facility shutdown, and
valve assembly supplies have been depleted, and valve assembly supplies
had been sufficiently stocked before the supplies were depleted. Delay
of repair beyond the second process unit or affected facility shutdown
will not be allowed unless the third process unit or affected facility
shutdown occurs sooner than 6 months after the first process unit or
affected facility shutdown.
(d) Unsafe-to-repair-connectors. Any connector that is designated,
as described in Sec. 63.1003(d), as an unsafe-to-repair connector is
exempt from the requirements of Sec. 63.1008(b), and paragraph (a) of
this section.
(e) Leak repair records. For each leak detected, the information
specified in paragraphs (e)(1) through (e)(5) of this section shall be
recorded and maintained pursuant to the referencing subpart.
(1) The date of first attempt to repair the leak.
(2) The date of successful repair of the leak.
(3) Maximum instrument reading measured by Method 21 of 40 CFR part
60, appendix A at the time the leak is successfully repaired or
determined to be nonrepairable.
(4) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak as
specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section.
(i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup, shutdown, and
malfunction plan, as required by the referencing subpart for the
source, or may be part of a separate document that is maintained at the
plant site. In such cases, reasons for delay of repair may be
documented by citing the relevant sections of the written procedure.
(ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on site before depletion and the reason for depletion.
(5) Dates of process unit or affected facility shutdowns that occur
while the equipment is unrepaired.
Sec. 63.1006 Valves in gas and vapor service and in light liquid
service standards.
(a) Compliance schedule. (1) The owner or operator shall comply
with this section no later than the compliance dates specified in the
referencing subpart.
(2) The use of monitoring data generated before the regulated
source became subject to the referencing subpart to initially qualify
for less frequent monitoring is governed by the provisions of
Sec. 63.1004(b)(6).
(b) Leak detection. Unless otherwise specified in Sec. 63.1002(b),
or Sec. 63.1016, or in paragraph (e) of this section, or the
referencing subpart, the owner or operator shall monitor all valves at
the intervals specified in paragraphs (b)(3) through (b)(6) of this
section and shall comply with all other provisions of this section.
(1) Monitoring method. The valves shall be monitored to detect
leaks by the method specified in Sec. 63.1004(b) and (c).
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 10,000 parts per million or greater.
(3) Monitoring period. (i) Each valve shall be monitored monthly to
detect leaks, except as provided in paragraphs (b)(3)(ii), (e)(1),
(e)(2), and (e)(4) of this section. An owner or operator may otherwise
elect to comply with one of the alternative standards in paragraphs
(b)(5) or (b)(6) of this section as specified in paragraph (b)(4) of
this section.
(ii)(A) Any valve for which a leak is not detected for 2 successive
months may be monitored the same month (first, second, or third month)
of every quarter, beginning with the next quarter, until a leak is
detected. The first quarterly monitoring shall occur less than 3 months
following the last monthly monitoring.
(B) If a leak is detected, the valve shall be monitored monthly
until a leak is not detected for 2 successive months.
(C) For purposes of paragraph (b) of this section, quarter means a
3-month period with the first quarter concluding on the last day of the
last full month during the 180 days following initial startup.
(4) Allowance of alternative standards. An owner or operator may
elect to comply with one of the alternatives specified in either
paragraph (b)(5) or (b)(6) of this section if the percentage of valves
leaking is equal to or less than 2.0 percent as determined by the
procedure in paragraph (c) of this section. An owner or operator must
notify the Administrator before implementing one of the alternatives
specified in either paragraph (b)(5) or (b)(6) of this section.
(5) Allowable percentage alternative. An owner or operator choosing
to comply with the allowable percentage alternative shall have an
allowable percentage of leakers no greater than 2.0 percent for each
affected facility or process unit and shall comply with paragraphs
(b)(5)(i) and (b)(5)(ii) of this section.
(i) A compliance demonstration for each affected facility or
process unit or affected facility complying with this alternative shall
be conducted initially upon designation, annually, and at other times
requested by the Administrator. For each such demonstration, all valves
in gas and vapor and light liquid service within the affected facility
or process unit shall be monitored within 1 week by the methods
specified in Sec. 63.1004(b). If an instrument reading exceeds the
equipment leak level specified in the referencing subpart, a leak is
detected. The leak percentage shall be calculated as specified in
paragraph (c) of this section.
(ii) If an owner or operator decides no longer to comply with this
alternative, the owner or operator must notify the Administrator in
writing that the work practice standard described in paragraph (b)(3)
of this section will be followed.
(6) Skip period alternatives. An owner or operator may elect to
comply with one of the alternative work practices specified in
paragraphs (b)(6)(i) or (b)(6)(ii) of this section. An owner or
operator electing to use one of these skip period alternatives shall
comply with paragraphs (b)(6)(iii) and (b)(6)(iv) of this section.
Before using either skip period alternative, the owner or operator
shall initially comply with the requirements of paragraph (b)(3) of
this section. Monitoring data generated before the regulated source
became subject to the referencing subpart that meets the criteria of
either Sec. 63.1004(b)(1) through (b)(5), or Sec. 63.1004(b)(6), may be
used to initially qualify for skip period alternatives.
(i) After 2 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0 as determined by
the procedure in paragraph (c) of this section, an owner or operator
may begin to monitor for leaks once every 6 months.
(ii) After 5 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0 as determined by
the procedure in
[[Page 34893]]
paragraph (c) of this section, an owner or operator may begin to
monitor for leaks once every year.
(iii) If the percent of valves leaking is greater than 2.0, the
owner or operator shall comply with paragraph (b)(3) of this section,
but can elect to comply with paragraph (b)(6) of this section if future
percent of valves leaking is again equal to or less than 2.0.
(iv) The owner or operator shall keep a record of the monitoring
schedule and the percent of valves found leaking during each monitoring
period.
(c) Percent leaking valves calculation--calculation basis and
procedures. (1) The owner or operator shall decide no later than the
compliance date of this subpart, or upon revision of an operating
permit whether to calculate percent leaking valves on a process unit or
group of process units basis. Once the owner or operator has decided,
all subsequent percentage calculations shall be made on the same basis
and this shall be the basis used for comparison with the subgrouping
criteria specified in paragraph (b)(5)(i) of this section.
(2) The percent of valves leaking shall be determined by dividing
the sum of valves found leaking during current monitoring and valves
for which repair has been delayed by the total number of valves subject
to the requirements of this section.
(d) Leak repair. (1) If a leak is determined pursuant to paragraph
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired
using the procedures in Sec. 63.1005, as applicable.
(2) After a leak determined pursuant to paragraph (b) or (e)(2) of
this section has been repaired, the valve shall be monitored at least
once within the first 3 months after its repair. The monitoring
required by this paragraph is in addition to the monitoring required to
satisfy the definition of repair.
(i) The monitoring shall be conducted as specified in
Sec. 63.1004(b) and (c), as appropriate, to determine whether the valve
has resumed leaking.
(ii) Periodic monitoring required by paragraph (b) of this section
may be used to satisfy the requirements of this paragraph, if the
timing of the monitoring period coincides with the time specified in
this paragraph. Alternatively, other monitoring may be performed to
satisfy the requirements of this paragraph, regardless of whether the
timing of the monitoring period for periodic monitoring coincides with
the time specified in this paragraph.
(iii) If a leak is detected by monitoring that is conducted
pursuant to paragraph (d)(2) of this section, the owner or operator
shall follow the provisions of paragraphs (d)(2)(iii)(A) and
(d)(2)(iii)(B) of this section, to determine whether that valve must be
counted as a leaking valve for purposes of paragraph (c) of this
section.
(A) If the owner or operator elected to use periodic monitoring
required by paragraph (b) of this section to satisfy the requirements
of paragraph (d)(2) of this section, then the valve shall be counted as
a leaking valve.
(B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraph (b) of this section,
to satisfy the requirements of paragraph (d)(2) of this section, then
the valve shall be counted as a leaking valve unless it is repaired and
shown by periodic monitoring not to be leaking.
(e) Special provisions for valves. (1) Unsafe-to-monitor valves.
Any valve that is designated, as described in Sec. 63.1003(c)(1), as an
unsafe-to-monitor valve, is exempt from the monitoring requirements of
paragraph (b) of this section, and the owner or operator shall monitor
the valve according to the written plan specified in
Sec. 63.1003(c)(5).
(2) Difficult-to-monitor. Any valve that is designated, as
described in Sec. 63.1003(c)(2), as a difficult-to-monitor valve, is
exempt from the requirements of paragraph (b) of this section, and the
owner or operator shall monitor the valve according to the written plan
specified in Sec. 63.1003(c)(5).
(3) Less than 250 valves. Any equipment located at a plant site
with fewer than 250 valves in regulated material service is exempt from
the monthly monitoring specified in paragraph (b)(3)(i) of this
section. Instead, the owner or operator shall monitor each valve in
regulated material service for leaks once each quarter, or comply with
paragraphs (b)(3)(ii)(A), (b)(3)(ii)(B), or (b)(3)(ii)(C) of this
section except as provided in paragraphs (e)(1) and (e)(2) of this
section.
(4) No detectable emissions. (i) Any valve that is designated, as
described in Sec. 63.1003(e), as having no detectable emissions is
exempt from the requirements of paragraphs (b) through (c) of this
section if the owner or operator meets the criteria specified in
paragraphs (e)(4)(i)(A) and (e)(4)(i)(B) of this section.
(A) Tests the valve for operation with emissions less than 500
parts per million above background as determined by the method
specified in Sec. 63.1004(c) initially upon designation, annually, and
at other times requested by the Administrator, and
(B) Records the dates of each compliance demonstration, the
background level measured during each compliance test, and the maximum
instrument reading measured at the equipment during each compliance
test.
(ii) A valve may not be designated or operated for no detectable
emissions, as described in Sec. 63.1003(e), if the valve has an
instrument reading greater than 500 parts per million above background.
Sec. 63.1007 Pumps in light liquid service standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance date specified in the
referencing subpart.
(b) Leak detection. Unless otherwise specified in Sec. 63.1002(b),
or Sec. 63.1016 of this subpart or paragraph (e) of this section, the
owner or operator shall monitor each pump monthly to detect leaks and
shall comply with all other provisions of this section.
(1) Monitoring method. The pumps shall be monitored to detect leaks
by the method specified in Sec. 63.1004(b) of this subpart.
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 10,000 parts per million.
(3) Visual inspection. Each pump shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal. The owner or operator shall document that the inspection
was conducted and the date of the inspection. If there are indications
of liquids dripping from the pump seal, a leak is detected. Unless the
owner or operator demonstrates (e.g., through instrument monitoring)
that the indications of liquids dripping are due to a condition other
than process fluid drips, the leak shall be repaired according to the
procedures of paragraph (b)(4) of this section.
(4) Visual inspection: Leak repair. Where a leak is identified by
visual indications of liquids dripping, repair shall mean that the
visual indications of liquids dripping have been eliminated.
(c) Percent leaking pumps calculation. (1) The owner or operator
shall decide no later than the compliance date of this part or upon
revision of an operating permit whether to calculate percent leaking
pumps on a process unit basis or group of process units basis. Once the
owner or operator has decided, all subsequent percentage calculations
shall be made on the same basis.
(2) The number of pumps at a process unit shall be the sum of all
the pumps in regulated material service, except that pumps found
leaking in a continuous process unit or within 1 month after startup of
the pump shall not count in
[[Page 34894]]
the percent leaking pumps calculation for that one monitoring period
only.
(3) Percent leaking pumps shall be determined by the following
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.009
Where:
%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through
monthly monitoring as required in paragraph (b) of this section. Do not
include results from inspection of unsafe-to-monitor pumps pursuant to
paragraph (e)(6) of this section.
PT = Total pumps in regulated material service, including
those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and
(e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up
during the current monitoring period.
(d) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 63.1005, as applicable, unless otherwise specified in paragraph
(b)(4) of this section for leaks identified by visual indications of
liquids dripping.
(e) Special provisions for pumps. (1) Dual mechanical seal pumps.
Each pump equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b)
of this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(viii) of this section are met.
(i) The owner or operator determines, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates
failure of the seal system, the barrier fluid system, or both. The
owner or operator shall keep records at the plant of the design
criteria and an explanation of the design criteria, and any changes to
these criteria and the reasons for the changes. This record must be
available for review by an inspector.
(ii) Each dual mechanical seal system shall meet the requirements
specified in paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this
section.
(A) Each dual mechanical seal system is operated with the barrier
fluid at a pressure that is at all times (except periods of startup,
shutdown, or malfunction) greater than the pump stuffing box pressure;
or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of
subpart SS of this part; or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(iii) The barrier fluid is not in light liquid service.
(iv) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(v) Each pump is checked by visual inspection each calendar week
for indications of liquids dripping from the pump seal. The owner or
operator shall document that the inspection was conducted and the date
of the inspection. If there are indications of liquids dripping from
the pump seal at the time of the weekly inspection, the owner or
operator shall follow the procedure specified in either paragraph
(e)(1)(v)(A) or (e)(1)(v)(B) of this section prior to the next required
inspection.
(A) The owner or operator shall monitor the pump as specified in
Sec. 63.1004(b) to determine if there is a leak of regulated material
in the barrier fluid; if an instrument reading of 10,000 parts per
million or greater is measured, a leak is detected and shall be
repaired using the procedures in Sec. 63.1005; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(vi) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(1)(i) of this section, or if
based on the criteria established in paragraph (e)(1)(i) of this
section the sensor indicates failure of the seal system, the barrier
fluid system, or both, a leak is detected.
(vii) Each sensor as described in paragraph (e)(1)(iv) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
(viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of
this section, it shall be repaired as specified in Sec. 63.1005.
(2) No external shaft. Any pump that is designed with no externally
actuated shaft penetrating the pump housing is exempt from the
requirements of paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any pump that is routed to a process or a fuel gas
system or equipped with a closed vent system that captures and
transports leakage from the pump to a control device meeting the
requirements of Sec. 63.1015 is exempt from requirements of paragraph
(b) of this section.
(4) Unmanned plant site. Any pump that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(3), and (e)(1)(v) of this
section, and the daily requirements of paragraph (e)(1)(vii) of this
section, provided that each pump is visually inspected as often as
practical and at least monthly.
(5) Unsafe-to-monitor pumps. Any pump that is designated, as
described in Sec. 63.1003(c)(1), as an unsafe-to-monitor pump is exempt
from the requirements of paragraph (b) of this section and the
requirements of Sec. 63.1005 and the owner or operator shall monitor
the pump according to the written plan specified in Sec. 63.1003(c)(5).
Sec. 63.1008 Connectors in gas and vapor service and in light liquid
service standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Leak detection. Unless otherwise specified in Sec. 63.1002(b),
or Sec. 63.1016 of this subpart, or the referencing subpart, the owner
or operator shall monitor all connectors within 5 days by the method
specified in Sec. 63.1004(b) if evidence of a potential leak is found
by visual, audible, olfactory, or any other detection method. No
monitoring is required if the evidence of a potential leak is
eliminated within 5 days. If an instrument reading of 10,000 parts per
million or greater is measured, a leak is detected.
(c) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 63.1005, as applicable.
(d) Special provisions for connectors. (1) Unsafe-to-monitor
connectors. Any connector that is designated, as described in
Sec. 63.1003(c)(1), as an unsafe-to-monitor connector is exempt from
the requirements of paragraph (b) of this section and the owner or
operator shall monitor according to the written plan specified in
Sec. 63.1003(c)(5).
[[Page 34895]]
(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any
connector that is inaccessible or that is ceramic or ceramic-lined
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring
requirements of paragraph (b) of this section, the leak repair
requirements of paragraph (c) of this section, and the recordkeeping
and reporting requirements of Sec. 63.1017 and Sec. 63.1018. An
inaccessible connector is a connector that meets any of the provisions
specified in paragraphs (d)(2)(i)(A) through (d)(2)(i)(F) of this
section, as applicable.
(A) Buried;
(B) Insulated in a manner that prevents access to the connector by
a monitor probe;
(C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe; or
(D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters
(25 feet) above the ground.
(E) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold;
(F) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines, or would risk damage to equipment.
(ii) If any inaccessible ceramic or ceramic-lined connector is
noted to have a leak by visual, audible, olfactory, or other means, the
leak to the atmosphere shall be eliminated as soon as practical.
Sec. 63.1009 Agitators in gas and vapor service and in light liquid
service standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Leak detection. (1) Monitoring method. Each agitator seal shall
be monitored monthly to detect leaks by the methods specified in
Sec. 63.1004(b), or Sec. 63.1016, except as provided in Sec. 63.1002(b)
or in paragraph (e) of this section.
(2) Instrument reading that defines a leak. If an instrument
reading equivalent of 10,000 parts per million or greater is measured,
a leak is detected.
(3) Visual inspection. Each agitator seal shall be checked by
visual inspection each calendar week for indications of liquids
dripping from the agitator seal. The owner or operator shall document
that the inspection was conducted and the date of the inspection. If
there are indications of liquids dripping from the agitator seal, the
owner or operator shall follow the procedures specified in paragraphs
(b)(3)(i) and (b)(3)(ii) of this section prior to the next required
inspection.
(i) The owner or operator shall monitor the agitator seal as
specified in Sec. 63.1004(b) to determine if there is a leak of
regulated material. If an instrument reading of 10,000 parts per
million or greater is measured, a leak is detected, and it shall be
repaired using the procedures in paragraph (d) of this section;
(ii) The owner or operator shall eliminate the indications of
liquids dripping from the agitator seal.
(c) [Reserved]
(d) Leak repair. If a leak is detected, then the leak shall be
repaired using the procedures in Sec. 63.1005, as applicable.
(e) Special provisions for agitators. (1) Dual mechanical seal.
Each agitator equipped with a dual mechanical seal system that includes
a barrier fluid system is exempt from the requirements of paragraph (b)
of this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(vi) of this section are met.
(i) Each dual mechanical seal system shall meet the applicable
requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or
(e)(1)(i)(C) of this section.
(A) Operated with the barrier fluid at a pressure that is at all
times (except during periods of startup, shutdown, or malfunction)
greater than the agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that meets the requirements of Sec. 63.1015;
or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(ii) The barrier fluid is not in light liquid service.
(iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(iv) Each agitator seal is checked by visual inspection each
calendar week for indications of liquids dripping from the agitator
seal. If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in either paragraph (e)(1)(iv)(A) or
(e)(1)(iv)(B) of this section prior to the next required inspection.
(A) The owner or operator shall monitor the agitator seal shall as
specified in Sec. 63.1004(b) to determine the presence of regulated
material in the barrier fluid. If an instrument reading of 10,000 parts
per million or greater is measured, a leak is detected and it shall be
repaired using the procedures in Sec. 63.1005; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (e)(1)(iii) of this
section is observed daily or is equipped with an alarm unless the
agitator seal is located within the boundary of an unmanned plant site.
(vi) The owner or operator of each dual mechanical seal system
shall meet the requirements specified in paragraphs (e)(1)(vi)(A)
through (e)(1)(vi)(D).
(A) The owner or operator shall determine, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates
failure of the seal system, the barrier fluid system, or both.
(B) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
(C) If indications of liquids dripping from the agitator seal
exceed the criteria established in paragraphs (e)(1)(vi)(A) and
(e)(1)(vi)(B) of this section, or if, based on the criteria established
in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the
sensor indicates failure of the seal system, the barrier fluid system,
or both, a leak is detected.
(D) When a leak is detected, it shall be repaired using the
procedures in Sec. 63.1005.
(2) No external shaft. Any agitator that is designed with no
externally actuated shaft penetrating the agitator housing is exempt
from the requirements of paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any agitator that is routed to a process or fuel
gas system or equipped with a closed vent system that captures and
transports leakage from the agitator to a control device meeting the
requirements of Sec. 63.1015 is exempt from the monitoring requirements
of paragraph (b) of this section.
(4) Unmanned plant site. Any agitator that is located within the
boundary of an unmanned plant site is exempt from
[[Page 34896]]
the weekly visual inspection requirement of paragraphs (b)(3) and
(e)(1)(iv) of this section, and the daily requirements of paragraph
(e)(1)(v) of this section, provided that each agitator is visually
inspected as often as practical and at least monthly.
(5) Difficult-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1003(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (b)
of this section and the owner or operator shall monitor the agitator
seal according to the written plan specified in Sec. 63.1003(c)(5).
(6) Equipment obstructions. Any agitator seal that is obstructed by
equipment or piping that prevents access to the agitator by a monitor
probe is exempt from the monitoring requirements of paragraph (b) of
this section.
(7) Unsafe-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1003(c)(1), as an unsafe-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator of the agitator seal monitors the
agitator seal according to the written plan specified in
Sec. 63.1003(c)(5).
Sec. 63.1010 Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in liquid service; and instrumentation
systems standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Leak detection. (1) Monitoring method. Unless otherwise
specified in Sec. 63.1002(b), or Sec. 63.1016, the owner or operator
shall comply with paragraphs (b)(1) and (b)(2) of this section. Pumps,
valves, connectors, and agitators in heavy liquid service; pressure
relief devices in light liquid or heavy liquid service; and
instrumentation systems shall be monitored within 5 calendar days by
the method specified in Sec. 63.1004(b) if evidence of a potential leak
to the atmosphere is found by visual, audible, olfactory, or any other
detection method. If such a potential leak is repaired as required in
paragraph (c) of this section, it is not necessary to monitor the
system for leaks by the method specified in Sec. 63.1004(b).
(2) Instrument reading that defines a leak. For systems monitored
by the method specified in Sec. 63.1004(b), if an instrument reading of
10,000 parts per million or greater is measured, a leak is detected. If
a leak is detected, it shall be identified pursuant to Sec. 63.1004(e)
and repaired pursuant to Sec. 63.1005.
(c) Leak repair. If a leak is determined pursuant to this section,
then the leak shall be repaired using the procedures in Sec. 63.1005,
as applicable. For equipment identified in paragraph (b) of this
section that is not monitored by the method specified in
Sec. 63.1004(b), repaired shall mean that the visual, audible,
olfactory, or other indications of a leak to the atmosphere have been
eliminated; that no bubbles are observed at potential leak sites during
a leak check using soap solution; or that the system will hold a test
pressure.
Sec. 63.1011 Pressure relief devices in gas and vapor service
standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Compliance standard. Except during pressure releases as
provided for in paragraph (c) of this section, each pressure relief
device in gas or vapor service shall be operated with an instrument
reading of less than 500 parts per million as measured by the method
specified in Sec. 63.1004(c).
(c) Pressure relief requirements. (1) After each pressure release,
the pressure relief device shall be returned to a condition indicated
by an instrument reading of less than 500 parts per million, as soon as
practical, but no later than 5 calendar days after each pressure
release, except as provided in paragraph (d) of this section.
(2) The pressure relief device shall be monitored no later than
five calendar days after the pressure release and being returned to
regulated material service to confirm the condition indicated by an
instrument reading of less than 500 parts per million, as measured by
the method specified in Sec. 63.1004(c).
(3) The owner or operator shall record the dates and results of the
monitoring required by paragraph (c)(2) of this section following a
pressure release including maximum instrument reading measured during
the monitoring and the background level measured if the instrument
reading is adjusted for background.
(d) Pressure relief devices routed to a process or fuel gas system
or equipped with a closed vent system and control device. Any pressure
relief device that is routed to a process or fuel gas system or
equipped with a closed vent system that captures and transports leakage
from the pressure relief device to a control device meeting the
requirements of Sec. 63.1015 is exempt from the requirements of
paragraphs (b) and (c) of this section.
(e) Rupture disk exemption. Any pressure relief device that is
equipped with a rupture disk upstream of the pressure relief device is
exempt from the requirements of paragraphs (b) and (c) of this section
provided the owner or operator installs a replacement rupture disk
upstream of the pressure relief device as soon as practical after each
pressure release, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 63.1005(d).
Sec. 63.1012 Compressor standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Seal system standard. Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents
leakage of process fluid to the atmosphere, except as provided in
Sec. 63.1002(b) and paragraphs (e) and (f) of this section. Each
compressor seal system shall meet the requirements specified in
paragraphs (b)(1), (b)(2), or (b)(3) of this section.
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure at all times (except during
periods of startup, shutdown, or malfunction); or
(2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system or connected by a closed-vent
system to a control device that meets the requirements of Sec. 63.1015;
or
(3) Equipped with a closed-loop system that purges the barrier
fluid directly into a process stream.
(c) Barrier fluid system. The barrier fluid shall not be in light
liquid service. Each barrier fluid system shall be equipped with a
sensor that will detect failure of the seal system, barrier fluid
system, or both. Each sensor shall be observed daily or shall be
equipped with an alarm unless the compressor is located within the
boundary of an unmanned plant site.
(d) Failure criterion and leak detection. (1) The owner or operator
shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the
barrier fluid system, or both. If the sensor indicates failure of the
seal system, the barrier fluid system, or both based on the criterion,
a leak is detected and shall be repaired pursuant to Sec. 63.1005, as
applicable.
[[Page 34897]]
(2) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
(e) Routed to a process or fuel gas system or equipped with a
closed vent system and control device. A compressor is exempt from the
requirements of paragraphs (b) through (d) of this section if it is
equipped with a system to capture and transport leakage from the
compressor drive shaft seal to a process or a fuel gas system or to a
closed vent system that captures and transports leakage from the
compressor to a control device meeting the requirements of
Sec. 63.1015.
(f) Alternative compressor standard. (1) Any compressor that is
designated as described in Sec. 63.1003(e)(e) as operating with no
detectable emissions shall operate at all times with an instrument
reading of less than 500 parts per million. A compressor so designated
is exempt from the requirements of paragraphs (b) through (d) of this
section if the compressor is demonstrated initially upon designation,
annually, and at other times requested by the Administrator to be
operating with an instrument reading of less than 500 parts per million
as measured by the method specified in Sec. 63.1004(c). A compressor
may not be designated or operated having an instrument reading of less
than 500 parts per million as described in Sec. 63.1003(e) if the
compressor has a maximum instrument reading greater than 500 parts per
million.
(2) The owner or operator shall record the dates and results of
each compliance test including the background level measured and the
maximum instrument reading measured during each compliance test.
(g) Reciprocating compressor exemption. Any existing reciprocating
compressor in a process unit or affected facility that becomes an
affected facility under provisions of 40 CFR 60.14 or 60.15 is exempt
from paragraphs (b), (c), and (d) of this section provided the owner or
operator demonstrates that recasting the distance piece or replacing
the compressor are the only options available to bring the compressor
into compliance with the provisions of the above exempted paragraphs of
this section.
Sec. 63.1013 Sampling connection systems standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Equipment requirement. Each sampling connection system shall be
equipped with a closed purge, closed loop, or closed vent system,
except as provided in paragraph (d) of this section. Gases displaced
during filling of the sample container are not required to be collected
or captured.
(c) Equipment design and operation. Each closed-purge, closed-loop,
or closed vent system except as provided in paragraph (d) of this
section shall meet the applicable requirements specified in paragraphs
(c)(1) through (c)(5) of this section.
(1) The system shall return the purged process fluid directly to a
process line or fuel gas system meeting the compliance determinations
in Secs. 63.1015 or 63.1002(b) as appropriate; or
(2) Collect and recycle the purged process fluid to a process; or
(3) Be designed and operated to capture and transport all the
purged process fluid to a control device that meets the requirements of
Sec. 63.1015; or
(4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or
(c)(4)(iii) of this section.
(i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR
part 63, subpart G, if the waste management unit is complying with the
provisions of 40 CFR part 63, subpart G, applicable to group 1
wastewater streams. If the purged process fluid does not contain any
organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste
management unit need not be subject to, and operated in compliance with
the requirements of 40 CFR part 63, subpart G, applicable to subject
wastewater steams provided the facility has a National Pollution
Discharge Elimination System (NPDES) permit or sends the wastewater to
an NPDES-permitted facility.
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
(5) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
(d) In-situ sampling systems. In-situ sampling systems and sampling
systems without purges are exempt from the requirements of paragraphs
(b) and (c) of this section.
Sec. 63.1014 Open-ended valves or lines standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Equipment and operational requirements.
(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve, except as provided in
Sec. 63.1002(b) and paragraphs (c) and (d) of this section. The cap,
blind flange, plug, or second valve shall seal the open end at all
times except during operations requiring process fluid flow through the
open-ended valve or line, or during maintenance. The operational
provisions of paragraphs (b)(2) and (b)(3) of this section also apply.
(2) Each open-ended valve or line equipped with a second valve
shall be operated in a manner such that the valve on the process fluid
end is closed before the second valve is closed.
(3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting
the line between the block valves but shall comply with paragraph
(b)(1) of this section at all other times.
(c) Emergency shutdown exemption. Open-ended valves or lines in an
emergency shutdown system that are designed to open automatically in
the event of a process upset are exempt from the requirements of
paragraph (b) of this section.
(d) Polymerizing materials exemption. Open-ended valves or lines
containing materials that would autocatalytically polymerize or, would
present an explosion, serious over pressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraph (b) of this section are exempt from the requirements of
paragraph (b) of this section.
Sec. 63.1015 Closed vent systems and control devices; or emissions
routed to a fuel gas system or process.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Compliance standard. (1) Owners or operators of closed vent
systems and nonflare control devices used to comply with provisions of
this subpart shall design and operate the closed vent system and
nonflare control devices to reduce emissions of regulated material with
an efficiency of 95 percent or
[[Page 34898]]
greater or to reduce emissions of regulated material to a concentration
of 20 parts per million by volume or, for an enclosed combustion
device, to provide a minimum of 760 deg. C (1400 deg. F). Owners and
operators of closed vent systems and nonflare control devices used to
comply with this subpart shall comply with the provisions of subpart SS
of this part, except as provided in Sec. 63.1002(b).
(2) Owners or operators of closed vent systems and flares used to
comply with the provisions of this subpart shall design and operate the
flare as specified in subpart SS of this part, except as provided in
Sec. 63.1002(b).
(3) Owners or operators routing emissions from equipment leaks to a
fuel gas system or process shall comply with the provisions of subpart
SS of this part, except as provided in Sec. 63.1002(b).
Sec. 63.1016 Alternative means of emission limitation: Enclosed-vented
process units.
(a) Use of closed vent system and control device. Process units of
affected facilities or portions of process units of affected facilities
enclosed in such a manner that all emissions from equipment leaks are
routed to a process or fuel gas system or collected and vented through
a closed vent system to a control device meeting the requirements of
either Sec. 63.1015 or Sec. 63.1002(b) are exempt from the requirements
of Secs. 63.1006 through 63.1014. The enclosure shall be maintained
under a negative pressure at all times while the process unit or
affected facility is in operation to ensure that all emissions are
routed to a control device.
(b) Recordkeeping. Owners and operators choosing to comply with the
requirements of this section shall maintain the records specified in
paragraphs (b)(1) through (b)(3) of this section.
(1) Identification of the process unit(s) or affected facilities
and the regulated materials they handle.
(2) A schematic of the process unit or affected facility,
enclosure, and closed vent system.
(3) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.
Sec. 63.1017 Recordkeeping requirements.
(a) Recordkeeping system. An owner or operator of more than one
regulated source subject to the provisions of this subpart may comply
with the recordkeeping requirements for these regulated sources in one
recordkeeping system. The recordkeeping system shall identify each
record by regulated source and the type of program being implemented
(e.g., quarterly monitoring) for each type of equipment. The records
required by this subpart are summarized in paragraphs (b) and (c) of
this section.
(b) General equipment leak records. (1) As specified in
Sec. 63.1003(a) through (d), the owner or operator shall keep general
and specific equipment identification if the equipment is not
physically tagged and the owner or operator is electing to identify the
equipment subject to this subpart through written documentation such as
a log or other designation.
(2) The owner or operator shall keep a written plan as specified in
Sec. 63.1003(c)(5) for any equipment that is designated as unsafe or
difficult-to-monitor.
(3) The owner or operator shall maintain the identity and an
explanation as specified in Sec. 63.1003(d)(1) for any equipment that
is designated as unsafe-to-repair.
(4) As specified in Sec. 63.1003(e), the owner or operator shall
maintain the identity of compressors operating with an instrument
reading of less than 500 parts per million.
(5) The owner or operator shall keep records for leaking equipment
as specified in Sec. 63.1004(e).
(6) The owner or operator shall keep records for delay of repair as
specified in Sec. 63.1005(c) and records for leak repair as specified
in Sec. 63.1005(e).
(c) Specific equipment leak records. (1) For valves, the owner or
operator shall maintain the monitoring schedule for each process unit
as specified in Sec. 63.1006(b), and the records specified in
Sec. 63.1006(e)(4)(i)(B).
(2) For pumps, the owner or operator shall maintain the records
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
(i) Documentation of pump visual inspections as specified in
Sec. 63.1007(b)(4).
(ii) Documentation of dual mechanical seal pump visual inspections
as specified in Sec. 63.1007(e)(1)(v).
(iii) For the criteria as to the presence and frequency of drips
for dual mechanical seal pumps, records of the design criteria and
explanations and any changes and the reason for the changes, as
specified in Sec. 63.1007(e)(1)(i).
(3) [Reserved]
(4) For agitators, the owner or operator shall maintain records
specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section.
(i) Documentation of the agitator seal visual inspections as
specified in Sec. 63.1009(b)(3).
(ii) Documentation of the design criteria and explanations and any
changes and the reason for the changes, as specified in
Sec. 63.1009(e)(1)(vi)(A).
(5) For pressure relief devices in gas and vapor or light liquid
service, the owner or operator shall keep records of the dates and
results of monitoring following a pressure release, as specified in
Sec. 63.1011(c)(3).
(6) For compressors, the owner or operator shall maintain the
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this
section.
(i) For criteria as to failure of the seal system and/or the
barrier fluid system, record the design criteria and explanations and
any changes and the reason for the changes, as specified in
Sec. 63.1012(d)(2).
(ii) For compressors operating under the alternative compressor
standard, record the dates and results of each compliance test as
specified in Sec. 63.1012(f)(2).
(7) For process units complying with the enclosed-vented process
unit alternative, the owner or operator shall maintain the records for
enclosed-vented process units as specified in Sec. 63.1016(b).
Sec. 63.1018 Reporting requirements.
(a) Periodic Reports. The owner or operator shall report the
information specified in paragraphs (a)(1) through (a)(2) of this
section, as applicable, in the periodic report specified in the
referencing subpart.
(1) The initial Periodic Report shall include the information
specified in paragraphs (a)(1)(i) through (a)(1)(iv) and (a)(2) of this
section.
(i) Process unit or affected facility identification.
(ii) Number of valves subject to the requirements of Sec. 63.1006,
excluding those valves designated for no detectable emissions under the
provisions of Sec. 63.1006(e)(4).
(iii) Number of pumps subject to the requirements of Sec. 63.1007,
excluding those pumps designated for no detectable emissions under the
provisions of Sec. 63.1007(e)(2) and those pumps complying with the
closed vent system provisions of Sec. 63.1007(e)(3).
(iv) Number of compressors subject to the requirements of
Sec. 63.1012, excluding those compressors designated for no detectable
emissions under the provisions of Sec. 63.1012(f) and those compressors
complying with the closed vent system provisions of Sec. 63.1012(e).
(2) Each periodic report shall contain the information listed in
paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable.
(i) Process unit identification.
[[Page 34899]]
(ii) For each month during the semiannual reporting period,
(A) Number of valves for which leaks were detected as described in
Sec. 63.1006(b),
(B) Number of valves for which leaks were not repaired as required
in Sec. 63.1006(d),
(C) Number of pumps for which leaks were detected as described in
Sec. 63.1007(b) and Sec. 63.1007(e)(1)(vi),
(D) Number of pumps for which leaks were not repaired as required
in Secs. 63.1007(d) and (e)(5),
(E) Number of compressors for which leaks were detected as
described in Sec. 63.1012(d)(1),
(F) Number of compressors for which leaks were not repaired as
required in Sec. 63.1012(d)(1), and
(G) The facts that explain each delay of repair and, where
appropriate, why the repair was technically infeasible without a
process unit or affected facility shutdown.
(iii) Dates of process unit or affected facility shutdowns which
occurred within the periodic report reporting period.
(iv) Revisions to items reported according to paragraph (a)(1) of
this section if changes have occurred since the initial report or
subsequent revisions to the initial report.
(b) Special notifications. An owner or operator electing to comply
with either of the alternatives in Sec. 63.1006(b)(5) or (6) shall
notify the Administrator of the alternative standard selected before
implementing either of the provisions.
4. Part 63 is amended by adding subpart UU as follows:
Subpart UU--National Emission Standards for Equipment Leaks--Control
Level 2 Standards
Sec.
63.1019 Applicability.
63.1020 Definitions.
63.1021 Alternative means of emission limitation.
63.1022 Equipment identification.
63.1023 Instrument and sensory monitoring for leaks.
63.1024 Leak repair.
63.1025 Valves in gas and vapor service and in light liquid service
standards.
63.1026 Pumps in light liquid service standards.
63.1027 Connectors in gas and vapor service and in light liquid
service standards.
63.1028 Agitators in gas and vapor service and in light liquid
service standards.
63.1029 Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in liquid service; and
instrumentation systems standards.
63.1030 Pressure relief devices in gas and vapor service standards.
63.1031 Compressors standards.
63.1032 Sampling connection systems standards.
63.1033 Open-ended valves or lines standards.
63.1034 Closed vent systems and control devices; or emissions
routed to a fuel gas system or process standards.
63.1035 Quality improvement program for pumps.
63.1036 Alternative means of emission limitation: Batch processes.
63.1037 Alternative means of emission limitation: Enclosed vented
process units or affected facilities.
63.1038 Recordkeeping requirements.
63.1039 Reporting requirements.
Table 1 to Subpart UU--Batch Processes Monitoring Frequency for
Equipment Other Than Connectors
Subpart UU--National Emission Standards for Equipment Leaks--
Control Level 2 Standards
Sec. 63.1019 Applicability.
(a) The provisions of this subpart apply to the control of air
emissions from equipment leaks for which another subpart references the
use of this subpart for such air emission control. These air emission
standards for equipment leaks are placed here for administrative
convenience and only apply to those owners and operators of facilities
subject to a referencing subpart. The provisions of 40 CFR part 63,
subpart A (General Provisions) do not apply to this subpart except as
noted in the referencing subpart.
(b) Equipment subject to this subpart. The provisions of this
subpart and the referencing subpart apply to equipment that contains or
contacts regulated material. This subpart applies to pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves or lines, valves, connectors,
instrumentation systems, and closed vent systems and control devices
used to meet the requirements of this subpart.
(c) Equipment in vacuum service. Equipment in vacuum service is
excluded from the requirements of this subpart.
(d) Equipment in service less than 300 hours per calendar year.
Equipment intended to be in regulated material service less than 300
hours per calendar year is excluded from the requirements of
Secs. 63.1025 through 63.1034 and Sec. 63.1036 if it is identified as
required in Sec. 63.1022(b)(5).
(e) Lines and equipment not containing process fluids. Lines and
equipment not containing process fluids are not subject to the
provisions of this subpart. Utilities, and other non-process lines,
such as heating and cooling systems that do not combine their materials
with those in the processes they serve, are not considered to be part
of a process unit or affected facility.
Sec. 63.1020 Definitions.
All terms used in this part shall have the meaning given them in
the Act and in this section.
Batch process means a process in which the equipment is fed
intermittently or discontinuously. Processing then occurs in this
equipment after which the equipment is generally emptied. Examples of
industries that use batch processes include pharmaceutical production
and pesticide production.
Batch product-process equipment train means the collection of
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured
to produce a specific product or intermediate by a batch process.
Car-seal means a seal that is placed on a device that is used to
change the position of a valve (e.g., from opened to closed) in such a
way that the position of the valve cannot be changed without breaking
the seal.
Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented directly to the atmosphere.
Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Closed-vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or
glass-lined) as described in Sec. 63.1027(e)(2).
Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part, used to sample, condition (if
applicable),
[[Page 34900]]
analyze, and provide a record of process or control system parameters.
Control device means any combustion device, recovery device,
recapture device, or any combination of these devices used to comply
with this part. Such equipment or devices include, but are not limited
to, absorbers, carbon adsorbers, condensers, incinerators, flares,
boilers, and process heaters. Primary condensers on steam strippers or
fuel gas systems are not considered control devices.
Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, and instrumentation system in regulated material service;
and any control devices or systems used to comply with this subpart.
First attempt at repair, for the purposes of this subpart, means to
take action for the purpose of stopping or reducing leakage of organic
material to the atmosphere, followed by monitoring as specified in
Secs. 63.1023(b) and (c) of this subpart in to verify whether the leak
is repaired, unless the owner or operator determines by other means
that the leak is not repaired.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use a fuel gas in combustion
equipment, such as furnaces and gas turbines, either singly or in
combination.
In food and medical service means that a piece of equipment in
regulated material service contacts a process stream used to
manufacture a Food and Drug Administration regulated product where
leakage of a barrier fluid into the process stream would cause any of
the following:
(1) A dilution of product quality so that the product would not
meet written specifications,
(2) An exothermic reaction which is a safety hazard,
(3) The intended reaction to be slowed down or stopped, or
(4) An undesired side reaction to occur.
In gas and vapor service means that a piece of equipment in
regulated material service contains a gas or vapor at operating
conditions.
In heavy liquid service means that a piece of equipment in
regulated material service is not in gas and vapor service or in light
liquid service.
In light liquid service means that a piece of equipment in
regulated material service contains a liquid that meets the following
conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 deg. C,
(2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at
20 deg. C is equal to or greater than 20 percent by weight of the total
process stream, and
(3) The fluid is a liquid at operating conditions.
(Note to definition of ``in light liquid service'': Vapor pressures
may be determined by standard reference texts or ASTM D-2879.)
In liquid service means that a piece of equipment in regulated
material service is not in gas and vapor service.
In organic hazardous air pollutant or in organic HAP service means
that piece of equipment either contains or contracts a fluid (liquid or
gas) that is at least 5 percent by weight of total organic HAP's as
determined according to the provisions of Sec. 63.180(d) of subpart H.
The provisions of Sec. 63.180(d) of subpart H also specify how to
determine that a piece of equipment is not in organic HAP service.
In regulated material service means, for the purposes of this
subpart, equipment which meets the definition of ``in VOC service,''
``in VHAP service,'' ``in organic hazardous air pollutant service,'' or
``in'' other chemicals or groups of chemicals ``service'' as defined in
the referencing subpart.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
Initial startup means for new sources, the first time the source
begins production. For additions or changes not defined as a new source
by this subpart, initial startup means the first time additional or
changed equipment is put into operation. Initial startup does not
include operation solely for testing of equipment. Initial startup does
not include subsequent startup of process units following malfunction
or process unit shutdowns. Except for equipment leaks, initial startup
also does not include subsequent startups (of process units following
changes in product for flexible operation units or following recharging
of equipment in batch unit operations).
Instrumentation system means a group of equipment components used
to condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are
the predominant type of equipment used in instrumentation systems;
however, other types of equipment may also be included in these
systems. Only valves nominally 1.27 centimeters (0.5 inches) and
smaller, and connectors nominally 1.91 centimeters (0.75 inches) and
smaller in diameter are considered instrumentation systems for the
purposes of this subpart. Valves greater than nominally 1.27
centimeters (0.5 inches) and connectors greater than nominally 1.91
centimeters (0.75 inches) associated with instrumentation systems are
not considered part of instrumentation systems and must be monitored
individually.
Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications
of liquids dripping include puddling or new stains that are indicative
of an existing evaporated drip.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a
process unit or affected facility shutdown.
Open-ended valve or line means any valve, except relief valves,
having one side of the valve seat in contact with process fluid and one
side open to atmosphere, either directly or through open piping.
Organic monitoring device means a unit of equipment used to
indicate the concentration level of organic compounds based on a
detection principle such as infra-red, photoionization, or thermal
conductivity.
Polymerizing monomer means a compound which may form polymer
buildup in pump mechanical seals resulting in rapid mechanical seal
failure.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period due to a malfunction in the process.
[[Page 34901]]
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable
working pressure of the process equipment. A common pressure relief
device is a spring-loaded pressure relief valve. Devices that are
actuated either by a pressure of less than or equal to 2.5 pounds per
square inch gauge or by a vacuum are not pressure relief devices.
Process unit means the equipment specified in the definitions of
process unit in the applicable referencing subpart. If the referencing
subpart does not define process unit, then for the purposes of this
part, process unit means the equipment assembled and connected by pipes
or ducts to process raw materials and to manufacture an intended
product.
Process unit shutdown means a work practice or operational
procedure that stops production from a process unit, or part of a
process unit during which it is technically feasible to clear process
material from a process unit, or part of a process unit, consistent
with safety constraints and during which repairs can be affected. The
following are not considered process unit shutdowns:
(1) An unscheduled work practice or operations procedure that stops
production from a process unit, or part of a process unit, for less
than 24 hours.
(2) An unscheduled work practice or operations procedure that would
stop production from a process unit, or part of a process unit, for a
shorter period of time than would be required to clear the process
unit, or part of the process unit, of materials and start up the unit,
and would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
(3) The use of spare equipment and technically feasible bypassing
of equipment without stopping production.
Referencing subpart means the subpart that refers an owner or
operator to this subpart.
Regulated material, for purposes of this part, refers to gas from
volatile organic liquids (VOL), volatile organic compounds (VOC),
hazardous air pollutants (HAP), or other chemicals or groups of
chemicals that are regulated by the referencing subpart.
Regulated source for the purposes of this part, means the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a referencing subpart.
Relief device or valve means a valve used only to release an
unplanned, nonroutine discharge. A relief valve discharge can result
from an operator error, a malfunction such as a power failure or
equipment failure, or other unexpected cause that requires immediate
venting of gas from process equipment in order to avoid safety hazards
or equipment damage.
Repaired, for the purposes of this subpart, means that equipment is
adjusted, or otherwise altered, to eliminate a leak as defined in the
applicable sections of this subpart and unless otherwise specified in
applicable provisions of this subpart, is monitored as specified in
Secs. 63.1023(b) and (c) to verify that emissions from the equipment
are below the applicable leak definition.
Routed to a process or route to a process means the emissions are
conveyed to any enclosed portion of a process unit where the emissions
are predominantly recycled and/or consumed in the same manner as a
material that fulfills the same function in the process and/or
transformed by chemical reaction into materials that are not regulated
materials and/or incorporated into a product; and/or recovered.
Sampling connection system means an assembly of equipment within a
process unit or affected facility used during periods of representative
operation to take samples of the process fluid. Equipment used to take
nonroutine grab samples is not considered a sampling connection system.
Screwed (threaded) connector means a threaded pipe fitting where
the threads are cut on the pipe wall and the fitting requires only two
pieces to make the connection (i.e., the pipe and the fitting).
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow
rate, pH, or liquid level.
Set pressure means for the purposes of this subpart, the pressure
at which a properly operating pressure relief device begins to open to
relieve atypical process system operating pressure.
Start-up means the setting into operation of a piece of equipment
or a control device that is subject to this subpart.
Sec. 63.1021 Alternative means of emission limitation.
(a) Performance standard exemption. The provisions of paragraph (b)
of this section do not apply to the performance standards of
Sec. 63.1030(b) for pressure relief devices or Sec. 63.1031(f) for
compressors operating under the alternative compressor standard.
(b) Requests by owners or operators. An owner or operator may
request a determination of alternative means of emission limitation to
the requirements of Secs. 63.1025 through 63.1034 as provided in
paragraph (d) of this section. If the Administrator makes a
determination that a means of emission limitation is a permissible
alternative, the owner or operator shall either comply with the
alternative or comply with the requirements of Secs. 63.1025 through
63.1034.
(c) Requests by manufacturers of equipment. (1) Manufacturers of
equipment used to control equipment leaks of the regulated material may
apply to the Administrator for permission for an alternative means of
emission limitation that achieves a reduction in emissions of the
regulated material achieved by the equipment, design, and operational
requirements of this subpart.
(2) The Administrator will grant permission according to the
provisions of paragraph (d) of this section.
(d) Permission to use an alternative means of emission limitation.
Permission to use an alternative means of emission limitation shall be
governed by the procedures in paragraphs (d)(1) through (d)(4) of this
section.
(1) Where the standard is an equipment, design, or operational
requirement, the requirements of paragraphs (d)(1)(i) through
(d)(1)(iii) of this section apply.
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying emission performance test data for an
alternative means of emission limitation.
(ii) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
(iii) The Administrator may condition the permission on
requirements that may be necessary to ensure operation and maintenance
to achieve at least the same emission reduction as the equipment,
design, and operational requirements of this subpart.
(2) Where the standard is a work practice, the requirements of
paragraphs (d)(2)(i) through (d)(2)(vi) of this section apply.
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying test data for the alternative.
(ii) For each kind of equipment for which permission is requested,
the emission reduction achieved by the required work practices shall be
demonstrated for a minimum period of 12 months.
[[Page 34902]]
(iii) For each kind of equipment for which permission is requested,
the emission reduction achieved by the alternative means of emission
limitation shall be demonstrated.
(iv) Each owner or operator applying for such permission shall
commit, in writing, for each kind of equipment to work practices that
provide for emission reductions equal to or greater than the emission
reductions achieved by the required work practices.
(v) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices and
will consider the commitment in paragraph (d)(2)(iv) of this section.
(vi) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve
the same or greater emission reduction as the required work practices
of this subpart.
(3) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
(4) If, in the judgement of the Administrator, an alternative means
of emission limitation will be approved, the Administrator will publish
a notice of the determination in the Federal Register using the
procedures specified in the referencing subpart.
Sec. 63.1022 Equipment identification.
(a) General equipment identification. Equipment subject to this
subpart shall be identified. Identification of the equipment does not
require physical tagging of the equipment. For example, the equipment
may be identified on a plant site plan, in log entries, by designation
of process unit or affected facility boundaries by some form of
weatherproof identification, or by other appropriate methods.
(b) Additional equipment identification. In addition to the general
identification required by paragraph (a) of this section, equipment
subject to any of the provisions in Secs. 63.1023 through 63.1034 shall
be specifically identified as required in paragraphs (b)(1) through
(b)(5) of this section, as applicable. This paragraph does not apply to
an owner or operator of a batch product process who elects to pressure
test the batch product process equipment train pursuant to
Sec. 63.1036.
(1) Connectors. Except for inaccessible, ceramic, or ceramic-lined
connectors meeting the provision of Sec. 63.1027(e)(2) and
instrumentation systems identified pursuant to paragraph (b)(4) of this
section, identify the connectors subject to the requirements of this
subpart. Connectors need not be individually identified if all
connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated. With respect to connectors, the
identification shall be complete no later than the completion of the
initial survey required by paragraph (a) of this section.
(2) Routed to a process or fuel gas system or equipped with a
closed vent system and control device. Identify the equipment that the
owner or operator elects to route to a process or fuel gas system or
equip with a closed vent system and control device, under the
provisions of Sec. 63.1026(e)(3) (pumps in light liquid service),
Sec. 63.1028(e)(3) (agitators), Sec. 63.1030(d) (pressure relief
devices in gas and vapor service), Sec. 63.1031(e) (compressors), or
Sec. 63.1037(a) (alternative means of emission limitation for enclosed-
vented process units).
(3) Pressure relief devices. Identify the pressure relief devices
equipped with rupture disks, under the provisions of Sec. 63.1030(e).
(4) Instrumentation systems. Identify instrumentation systems
subject to the provisions of Sec. 63.1029 of this subpart. Individual
components in an instrumentation system need not be identified.
(5) Equipment in service less than 300 hours per calendar year. The
identity, either by list, location (area or group), or other method, of
equipment in regulated material service less than 300 hours per
calendar year within a process unit or affected facilities subject to
the provisions of this subpart shall be recorded.
(c) Special equipment designations: Equipment that is unsafe or
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1025(e)(1), pumps
meeting the provisions of Sec. 63.1026(e)(6), connectors meeting the
provisions of Sec. 63.1027(e)(1), and agitators meeting the provisions
of Sec. 63.1028(e)(7) may be designated unsafe-to-monitor if the owner
or operator determines that monitoring personnel would be exposed to an
immediate danger as a consequence of complying with the monitoring
requirements of this subpart. Examples of unsafe-to-monitor equipment
include, but is not limited to, equipment under extreme pressure or
heat.
(2) Designation and criteria for difficult-to-monitor. Valves
meeting the provisions of Sec. 63.1025(e)(2) may be designated
difficult-to-monitor if the provisions of paragraph (c)(2)(i) apply.
Agitators meeting the provisions of Sec. 63.1028(e)(5) may be
designated difficult-to-monitor if the provisions of paragraph
(c)(2)(ii) apply.
(i) Valves. (A) The owner or operator of the valve determines that
the valve cannot be monitored without elevating the monitoring
personnel more than 2 meters (7 feet) above a support surface or it is
not accessible in a safe manner when it is in regulated material
service; and
(B) The process unit or affected facility within which the valve is
located is an existing source, or the owner or operator designates less
than 3 percent of the total number of valves in a new source as
difficult-to-monitor.
(ii) Agitators. The owner or operator determines that the agitator
cannot be monitored without elevating the monitoring personnel more
than 2 meters (7 feet) above a support surface or it is not accessible
in a safe manner when it is in regulated material service.
(3) Identification of unsafe or difficult-to-monitor equipment. The
owner or operator shall record the identity of equipment designated as
unsafe-to-monitor according to the provisions of paragraph (c)(1) of
this section and the planned schedule for monitoring this equipment.
The owner or operator shall record the identity of equipment designated
as difficult-to-monitor according to the provisions of paragraph (c)(2)
of this section, the planned schedule for monitoring this equipment,
and an explanation why the equipment is unsafe or difficult-to-monitor.
This record must be kept at the plant and be available for review by an
inspector.
(4) Written plan requirements. (i) The owner or operator of
equipment designated as unsafe-to-monitor according to the provisions
of paragraph (c)(1) of this section shall have a written plan that
requires monitoring of the equipment as frequently as practical during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in Sec. 63.1024 if a leak is detected.
(ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section
shall have a written plan that requires monitoring of the equipment at
least once per calendar year and repair of the equipment according to
the procedures in Sec. 63.1024 if a leak is detected.
(d) Special equipment designations: Equipment that is unsafe-to-
repair. (1) Designation and criteria. Connectors
[[Page 34903]]
subject to the provisions of Sec. 63.1024(e) may be designated unsafe-
to-repair if the owner or operator determines that repair personnel
would be exposed to an immediate danger as a consequence of complying
with the repair requirements of this subpart, and if the connector will
be repaired before the end of the next process unit or affected
facility shutdown as specified in Sec. 63.1024(e)(2).
(2) Identification of equipment. The identity of connectors
designated as unsafe-to-repair and an explanation why the connector is
unsafe-to-repair shall be recorded.
(e) Special equipment designations: Compressors operating with an
instrument reading of less than 500 parts per million above background.
Identify the compressors that the owner or operator elects to designate
as operating with an instrument reading of less than 500 parts per
million above background, under the provisions of Sec. 63.1031(f).
(f) Special equipment designations: Equipment in heavy liquid
service. The owner or operator of equipment in heavy liquid service
shall comply with the requirements of either paragraph (f)(1) or (f)(2)
of this section, as provided in paragraph (f)(3) of this section.
(1) Retain information, data, and analyses used to determine that a
piece of equipment is in heavy liquid service.
(2) When requested by the Administrator, demonstrate that the piece
of equipment or process is in heavy liquid service.
(3) A determination or demonstration that a piece of equipment or
process is in heavy liquid service shall include an analysis or
demonstration that the process fluids do not meet the definition of
``in light liquid service.'' Examples of information that could
document this include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
Sec. 63.1023 Instrument and sensory monitoring for leaks.
(a) Monitoring for leaks. The owner or operator of a regulated
source subject to this subpart shall monitor regulated equipment as
specified in paragraph (a)(1) of this section for instrument monitoring
and paragraph (a)(2) of this section for sensory monitoring.
(1) Instrument monitoring for leaks. (i) Valves in gas and vapor
service and in light liquid service shall be monitored pursuant to
Sec. 63.1025(b).
(ii) Pumps in light liquid service shall be monitored pursuant to
Sec. 63.1026(b).
(iii) Connectors in gas and vapor service and in light liquid
service shall be monitored pursuant to Sec. 63.1027(b).
(iv) Agitators in gas and vapor service and in light liquid service
shall be monitored pursuant to Sec. 63.1028(c).
(v) Pressure relief devices in gas and vapor service shall be
monitored pursuant to Sec. 63.1030(c).
(vi) Compressors designated to operate with an instrument reading
less than 500 parts per million above background, as described in
Sec. 63.1022(e), shall be monitored pursuant to Sec. 63.1031(f).
(2) Sensory monitoring for leaks. (i) Pumps in light liquid service
shall be observed pursuant to Secs. 63.1026(b)(4) and (e)(1)(v).
(ii) [Reserved].
(iii) Agitators in gas and vapor service and in light liquid
service shall be observed pursuant to Sec. 63.1028(c)(3) or (e)(1)(iv).
(iv) [Reserved].
(b) Instrument monitoring methods. Instrument monitoring, as
required under this subpart, shall comply with the requirements
specified in paragraphs (b)(1) through (b)(6) of this section.
(1) Monitoring method. Monitoring shall comply with Method 21 of 40
CFR part 60, appendix A, except as otherwise provided in this section.
(2) Detection instrument performance criteria. (i) Except as
provided for in paragraph (b)(2)(ii) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 40 CFR
part 60, appendix A, except the instrument response factor criteria in
section 3.1.2, paragraph (a) of Method 21 shall be for the
representative composition of the process fluid not each individual VOC
in the stream. For process streams that contain nitrogen, air, water or
other inerts that are not HAP or VOC, the representative stream
response factor shall be determined on an inert-free basis. The
response factor may be determined at any concentration for which
monitoring for leaks will be conducted.
(ii) If there is no instrument commercially available that will
meet the performance criteria specified in paragraph (b)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid, calculated on an
inert-free basis as described in paragraph (b)(2)(i) of this section.
(3) Detection instrument calibration procedure. The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of 40 CFR part 60, appendix A.
(4) Detection instrument calibration gas. Calibration gases shall
be zero air (less than 10 parts per million of hydrocarbon in air); and
the gases specified in paragraph (b)(4)(i) of this section except as
provided in paragraph (b)(4)(ii) of this section.
(i) Mixtures of methane in air at a concentration no more than
2,000 parts per million greater than the leak definition concentration
of the equipment monitored. If the monitoring instrument's design
allows for multiple calibration scales, then the lower scale shall be
calibrated with a calibration gas that is no higher than 2,000 parts
per million above the concentration specified as a leak, and the
highest scale shall be calibrated with a calibration gas that is
approximately equal to 10,000 parts per million. If only one scale on
an instrument will be used during monitoring, the owner or operator
need not calibrate the scales that will not be used during that day's
monitoring.
(ii) A calibration gas other than methane in air may be used if the
instrument does not respond to methane or if the instrument does not
meet the performance criteria specified in paragraph (b)(2)(i) of this
section. In such cases, the calibration gas may be a mixture of one or
more of the compounds to be measured in air.
(5) Monitoring performance. Monitoring shall be performed when the
equipment is in regulated material service or is in use with any other
detectable material.
(6) Monitoring data. Monitoring data obtained prior to the
regulated source becoming subject to the referencing subpart that do
not meet the criteria specified in paragraphs (b)(1) through (b)(5) of
this section may still be used to qualify initially for less frequent
monitoring under the provisions in Sec. 63.1025(a)(2), (b)(3) or (b)(4)
for valves or Sec. 63.1027(b)(3) for connectors provided the departures
from the criteria or from the specified monitoring frequency of
Sec. 63.1025(b)(3) or (b)(4) or Sec. 63.1027(b)(3) are minor and do not
significantly affect the quality of the data. Examples of minor
departures are monitoring at a slightly different frequency (such as
every 6 weeks instead of monthly or quarterly), following the
performance criteria of section 3.1.2, paragraph (a) of Method 21 of
Appendix A of 40 CFR part 60 instead of paragraph (b)(2) of this
section, or monitoring using a different leak definition if the data
would indicate the presence or absence of a leak at the concentration
specified in this subpart. Failure to use a calibrated
[[Page 34904]]
instrument is not considered a minor departure.
(c) Instrument monitoring using background adjustments. The owner
or operator may elect to adjust or not to adjust the instrument
readings for background. If an owner or operator elects not to adjust
instrument readings for background, the owner or operator shall monitor
the equipment according to the procedures specified in paragraphs
(b)(1) through (b)(5) of this section. In such cases, all instrument
readings shall be compared directly to the applicable leak definition
for the monitored equipment to determine whether there is a leak or to
determine compliance with Sec. 63.1030(b) (pressure relief devices) or
Sec. 63.1031(f) (alternative compressor standard). If an owner or
operator elects to adjust instrument readings for background, the owner
or operator shall monitor the equipment according to the procedures
specified in paragraphs (c)(1) through (c)(4) of this section.
(1) The requirements of paragraphs (b)(1) through (b)(5) of this
section shall apply.
(2) The background level shall be determined, using the procedures
in Method 21 of 40 CFR part 60, appendix A.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of 40 CFR part 60, appendix A.
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
to the applicable leak definition for the monitored equipment to
determine whether there is a leak or to determine compliance with
Sec. 63.1030(b) (pressure relief devices) or Sec. 63.1031(f)
(alternative compressor standard).
(d) Sensory monitoring methods. Sensory monitoring consists of
visual, audible, olfactory, or any other detection method used to
determine a potential leak to the atmosphere.
(e) Leaking equipment identification and records. (1) When each
leak is detected pursuant to the monitoring specified in paragraph (a)
of this section, a weatherproof and readily visible identification,
shall be attached to the leaking equipment.
(2) When each leak is detected, the information specified in
Sec. 63.1024(f) shall be recorded and kept pursuant to the referencing
subpart, except for the information for connectors complying with the 8
year monitoring period allowed under Sec. 63.1027(b)(3)(iii) shall be
kept 5 years beyond the date of its last use.
Sec. 63.1024 Leak repair.
(a) Leak repair schedule. The owner or operator shall repair each
leak detected as soon as practical, but not later than 15 calendar days
after it is detected, except as provided in paragraphs (d) and (e) of
this section. A first attempt at repair as defined in this subpart
shall be made no later than 5 calendar days after the leak is detected.
First attempt at repair for pumps includes, but is not limited to,
tightening the packing gland nuts and/or ensuring that the seal flush
is operating at design pressure and temperature. First attempt at
repair for valves includes, but is not limited to, tightening the
bonnet bolts, and/or replacing the bonnet bolts, and/or tightening the
packing gland nuts, and/or injecting lubricant into the lubricated
packing.
(b) [Reserved]
(c) Leak identification removal. (1) Valves and connectors in gas/
vapor and light liquid service. The leak identification on a valve in
gas/vapor or light liquid service may be removed after it has been
monitored as specified in Sec. 63.1025(d)(2), and no leak has been
detected during that monitoring. The leak identification on a connector
in gas/vapor or light liquid service may be removed after it has been
monitored as specified in Sec. 63.1027(b)(3)(iv) and no leak has been
detected during that monitoring.
(2) Other equipment. The identification that has been placed,
pursuant to Sec. 63.1023(e)(1), on equipment determined to have a leak,
except for a valve or for a connector in gas/vapor or light liquid
service that is subject to the provisions of Sec. 63.1027(b)(3)(iv),
may be removed after it is repaired.
(d) Delay of repair. Delay of repair is allowed for any of the
conditions specified in paragraphs (d)(1) through (d)(5) of this
section. The owner or operator shall maintain a record of the facts
that explain any delay of repairs and, where appropriate, why the
repair was technically infeasible without a process unit shutdown.
(1) Delay of repair of equipment for which leaks have been detected
is allowed if repair within 15 days after a leak is detected is
technically infeasible without a process unit or affected facility
shutdown. Repair of this equipment shall occur as soon as practical,
but no later than the end of the next process unit or affected facility
shutdown, except as provided in paragraph (d)(5) of this section.
(2) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that
does not remain in regulated material service.
(3) Delay of repair for valves, connectors, and agitators is also
allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of
this section are met.
(i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair, and
(ii) When repair procedures are effected, the purged material is
collected and destroyed, collected and routed to a fuel gas system or
process, or recovered in a control device complying with either
Sec. 63.1034 or Sec. 63.1021(b) of this part.
(4) Delay of repair for pumps is also allowed if the provisions of
paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met.
(i) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined under the provisions
of Sec. 63.1035(d) will provide better performance or one of the
specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this
section are met.
(A) A dual mechanical seal system that meets the requirements of
Sec. 63.1026(e)(1) will be installed;
(B) A pump that meets the requirements of Sec. 63.1026(e)(2) will
be installed; or
(C) A system that routes emissions to a process or a fuel gas
system or a closed vent system and control device that meets the
requirements of Sec. 63.1026(e)(3) will be installed; and
(ii) Repair is completed as soon as practical, but not later than 6
months after the leak was detected.
(5) Delay of repair beyond a process unit or affected facility
shutdown will be allowed for a valve if valve assembly replacement is
necessary during the process unit or affected facility shutdown, and
valve assembly supplies have been depleted, and valve assembly supplies
had been sufficiently stocked before the supplies were depleted. Delay
of repair beyond the second process unit or affected facility shutdown
will not be allowed unless the third process unit or affected facility
shutdown occurs sooner than 6 months after the first process unit or
affected facility shutdown.
(e) Unsafe-to-repair--connectors. Any connector that is designated,
as described in Sec. 63.1022(d), as an unsafe-to-repair connector is
exempt from the requirements of Sec. 63.1027(d), and paragraph (a) of
this section.
(f) Leak repair records. For each leak detected, the information
specified in paragraphs (f)(1) through (f)(5) of this section shall be
recorded and
[[Page 34905]]
maintained pursuant to the referencing subpart.
(1) The date of first attempt to repair the leak.
(2) The date of successful repair of the leak.
(3) Maximum instrument reading measured by Method 21 of 40 CFR part
60, appendix A at the time the leak is successfully repaired or
determined to be nonrepairable.
(4) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak as
specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this section.
(i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup, shutdown, and
malfunction plan, as required by the referencing subpart for the
source, or may be part of a separate document that is maintained at the
plant site. In such cases, reasons for delay of repair may be
documented by citing the relevant sections of the written procedure.
(ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on-site before depletion and the reason for depletion.
(5) Dates of process unit or affected facility shutdowns that occur
while the equipment is unrepaired.
Sec. 63.1025 Valves in gas and vapor service and in light liquid
service standards.
(a) Compliance schedule. (1) The owner or operator shall comply
with this section no later than the compliance dates specified in the
referencing subpart.
(2) The use of monitoring data generated before the regulated
source became subject to the referencing subpart to qualify initially
for less frequent monitoring is governed by the provisions of
Sec. 63.1023(b)(6).
(b) Leak detection. Unless otherwise specified in Sec. 63.1021(b)
or paragraph (e) of this section, or the referencing subpart, the owner
or operator shall monitor all valves at the intervals specified in
paragraphs (b)(3) and/or (b)(4) of this section and shall comply with
all other provisions of this section.
(1) Monitoring method. The valves shall be monitored to detect
leaks by the method specified in Sec. 63.1023(b) and, as applicable,
Sec. 63.1023(c).
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 500 parts per million or greater.
(3) Monitoring frequency. The owner or operator shall monitor
valves for leaks at the intervals specified in paragraphs (b)(3)(i)
through (b)(3)(v) of this section and shall keep the record specified
in paragraph (b)(3)(vi) of this section.
(i) If at least the greater of 2 valves or 2 percent of the valves
in a process unit leak, as calculated according to paragraph (c) of
this section, the owner or operator shall monitor each valve once per
month.
(ii) At process units with less than the greater of 2 leaking
valves or 2 percent leaking valves, the owner or operator shall monitor
each valve once each quarter, except as provided in paragraphs
(b)(3)(iii) through (b)(3)(v) of this section. Monitoring data
generated before the regulated source became subject to the referencing
subpart and meeting the criteria of either Sec. 63.1023(b)(1) through
(b)(5), or Sec. 63.1023(b)(6), may be used to qualify initially for
less frequent monitoring under paragraphs (b)(3)(iii) through (b)(3)(v)
of this section.
(iii) At process units with less than 1 percent leaking valves, the
owner or operator may elect to monitor each valve once every two
quarters
(iv) At process units with less than 0.5 percent leaking valves,
the owner or operator may elect to monitor each valve once every four
quarters.
(v) At process units with less than 0.25 percent leaking valves,
the owner or operator may elect to monitor each valve once every 2
years.
(vi) The owner or operator shall keep a record of the monitoring
schedule for each process unit.
(4) Valve subgrouping. For a process unit or a group of process
units to which this subpart applies, an owner or operator may choose to
subdivide the valves in the applicable process unit or group of process
units and apply the provisions of paragraph (b)(3) of this section to
each subgroup. If the owner or operator elects to subdivide the valves
in the applicable process unit or group of process units, then the
provisions of paragraphs (b)(4)(i) through (b)(4)(viii) of this section
apply.
(i) The overall performance of total valves in the applicable
process unit or group of process units to be subdivided shall be less
than 2 percent leaking valves, as detected according to paragraphs
(b)(1) and (b)(2) of this section and as calculated according to
paragraphs (c)(1)(ii) and (c)(2) of this section.
(ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the provisions of paragraphs
(b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
(A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than one year of monitoring data or
valves not monitored within the last twelve months must be placed
initially into the most frequently monitored subgroup until at least
one year of monitoring data have been obtained.
(B) Any valve or group of valves can be reassigned from a less
frequently monitored subgroup to a more frequently monitored subgroup
provided that the valves to be reassigned were monitored during the
most recent monitoring period for the less frequently monitored
subgroup. The monitoring results must be included with that less
frequently monitored subgroup's associated percent leaking valves
calculation for that monitoring event.
(C) Any valve or group of valves can be reassigned from a more
frequently monitored subgroup to a less frequently monitored subgroup
provided that the valves to be reassigned have not leaked for the
period of the less frequently monitored subgroup (e.g., for the last 12
months, if the valve or group of valves is to be reassigned to a
subgroup being monitored annually). Nonrepairable valves may not be
reassigned to a less frequently monitored subgroup.
(iii) The owner or operator shall determine every 6 months if the
overall performance of total valves in the applicable process unit or
group of process units is less than 2 percent leaking valves and so
indicate the performance in the next Periodic Report. If the overall
performance of total valves in the applicable process unit or group of
process units is 2 percent leaking valves or greater, the owner or
operator shall no longer subgroup and shall revert to the program
required in paragraphs (b)(1) through (b)(3) of this section for that
applicable process unit or group of process units. An owner or operator
can again elect to comply with the valve subgrouping procedures of
paragraph (b)(4) of this section if future overall performance of total
valves in the process unit or group of process units is again less than
2 percent. The overall performance of total valves in the applicable
process unit or group of process units shall be calculated as a
weighted average of the percent leaking valves of each subgroup
according to Equation number 1:
[[Page 34906]]
[GRAPHIC] [TIFF OMITTED] TR29JN99.010
where:
%VLO = Overall performance of total valves in the applicable
process unit or group of process units
%VLi = Percent leaking valves in subgroup i, most recent
value calculated according to the procedures in paragraphs (c)(1)(ii)
and (c)(2) of this section.
Vi = Number of valves in subgroup i.
n = Number of subgroups.
(iv) The owner or operator shall maintain records specified in
paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section.
(A) Which valves are assigned to each subgroup,
(B) Monitoring results and calculations made for each subgroup for
each monitoring period,
(C) Which valves are reassigned, the last monitoring result prior
to reassignment, and when they were reassigned, and
(D) The results of the semiannual overall performance calculation
required in paragraph (b)(4)(iii) of this section.
(v) The owner or operator shall notify the Administrator no later
than 30 days prior to the beginning of the next monitoring period of
the decision to subgroup valves. The notification shall identify the
participating process units and the number of valves assigned to each
subgroup, if applicable, and may be included in the next Periodic
Report.
(vi) The owner or operator shall submit in the periodic reports the
information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B).
(A) Total number of valves in each subgroup, and
(B) Results of the semiannual overall performance calculation
required by paragraph (b)(4)(iii) of this section.
(vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (c)(2) of this section shall be
used.
(viii) Except for the overall performance calculations required by
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be
treated as if it were a process unit for the purposes of applying the
provisions of this section.
(c) Percent leaking valves calculation. (1) Calculation basis and
procedures. (i) The owner or operator shall decide no later than the
compliance date of this part or upon revision of an operating permit
whether to calculate percent leaking valves on a process unit or group
of process units basis. Once the owner or operator has decided, all
subsequent percentage calculations shall be made on the same basis and
this shall be the basis used for comparison with the subgrouping
criteria specified in paragraph (b)(4)(i) of this section.
(ii) The percent leaking valves for each monitoring period for each
process unit or valve subgroup, as provided in paragraph (b)(4) of this
section, shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.011
where:
%VL = Percent leaking valves.
VL = Number of valves found leaking, excluding nonrepairable
valves, as provided in paragraph (c)(3) of this section, and including
those valves found leaking pursuant to paragraphs (d)(2)(iii)(A) and
(d)(2)(iii)(B) of this section.
VT = The sum of the total number of valves monitored.
(2) Calculation for monitoring frequency. When determining
monitoring frequency for each process unit or valve subgroup subject to
monthly, quarterly, or semiannual monitoring frequencies, the percent
leaking valves shall be the arithmetic average of the percent leaking
valves from the last two monitoring periods. When determining
monitoring frequency for each process unit or valve subgroup subject to
annual or biennial (once every 2 years) monitoring frequencies, the
percent leaking valves shall be the arithmetic average of the percent
leaking valves from the last three monitoring periods.
(3) Nonrepairable valves. (i) Nonrepairable valves shall be
included in the calculation of percent leaking valves the first time
the valve is identified as leaking and nonrepairable and as required to
comply with paragraph (c)(3)(ii) of this section. Otherwise, a number
of nonrepairable valves (identified and included in the percent leaking
valves calculation in a previous period) up to a maximum of 1 percent
of the total number of valves in regulated material service at a
process unit or affected facility may be excluded from calculation of
percent leaking valves for subsequent monitoring periods.
(ii) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in regulated material service at a process unit
or affected facility, the number of nonrepairable valves exceeding 1
percent of the total number of valves in regulated material service
shall be included in the calculation of percent leaking valves.
(d) Leak repair. (1) If a leak is determined pursuant to paragraph
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired
using the procedures in Sec. 63.1024, as applicable.
(2) After a leak has been repaired, the valve shall be monitored at
least once within the first 3 months after its repair. The monitoring
required by this paragraph is in addition to the monitoring required to
satisfy the definition of repaired and first attempt at repair.
(i) The monitoring shall be conducted as specified in
Sec. 63.1023(b) and (c) of this section, as appropriate, to determine
whether the valve has resumed leaking.
(ii) Periodic monitoring required by paragraph (b) of this section
may be used to satisfy the requirements of this paragraph, if the
timing of the monitoring period coincides with the time specified in
this paragraph. Alternatively, other monitoring may be performed to
satisfy the requirements of this paragraph, regardless of whether the
timing of the monitoring period for periodic monitoring coincides with
the time specified in this paragraph.
(iii) If a leak is detected by monitoring that is conducted
pursuant to paragraph (d)(2) of this section, the owner or operator
shall follow the provisions of paragraphs (d)(2)(iii)(A) and
(d)(2)(iii)(B) of this section, to determine whether that valve must be
counted as a leaking valve for purposes of paragraph (c)(1)(ii) of this
section.
(A) If the owner or operator elected to use periodic monitoring
required by paragraph (b) of this section to satisfy the requirements
of paragraph (d)(2) of this section, then the valve shall be counted as
a leaking valve.
(B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraph (b) of this section,
to satisfy the requirements of paragraph (d)(2) of this section, then
the valve shall be counted as a leaking valve unless it is repaired and
shown by periodic monitoring not to be leaking.
(e) Special provisions for valves. (1) Unsafe-to-monitor valves.
Any valve that is designated, as described in Sec. 63.1022(c)(1), as an
unsafe-to-monitor valve is exempt from the requirements of paragraphs
(b) and (d)(2) of this section and the owner or operator shall monitor
the valve according to the written plan specified in
Sec. 63.1022(c)(4).
(2) Difficult-to-monitor valves. Any valve that is designated, as
described in Sec. 63.1022(c)(2), as a difficult-to-monitor valve is
exempt from the requirements
[[Page 34907]]
of paragraph (b) of this section and the owner or operator shall
monitor the valve according to the written plan specified in
Sec. 63.1022(c)(4).
(3) Fewer than 250 valves. Any equipment located at a plant site
with fewer than 250 valves in regulated material service is exempt from
the requirements for monthly monitoring specified in paragraph
(b)(3)(i) of this section. Instead, the owner or operator shall monitor
each valve in regulated material service for leaks once each quarter,
as provided in paragraphs (e)(1) and (e)(2) of this section.
Sec. 63.1026 Pumps in light liquid service standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Leak detection. Unless otherwise specified in Sec. 63.1021(b),
Sec. 63.1036, Sec. 63.1037, or paragraph (e) of this section, the owner
or operator shall monitor each pump to detect leaks and shall comply
with all other provisions of this section.
(1) Monitoring method and frequency. The pumps shall be monitored
monthly to detect leaks by the method specified in Sec. 63.1023(b) and,
as applicable, Sec. 63.1023(c).
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is specified in paragraphs (b)(2)(i) through
(b)(2)(iii) of this section.
(i) 5,000 parts per million or greater for pumps handling
polymerizing monomers;
(ii) 2,000 parts per million or greater for pumps in food/medical
service; and
(iii) 1,000 parts per million or greater for all other pumps.
(3) Leak repair exception. For pumps to which a 1,000 parts per
million leak definition applies, repair is not required unless an
instrument reading of 2,000 parts per million or greater is detected.
(4) Visual inspection. Each pump shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal. The owner or operator shall document that the inspection
was conducted and the date of the inspection. If there are indications
of liquids dripping from the pump seal at the time of the weekly
inspection, the owner or operator shall follow the procedure specified
in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
(i) The owner or operator shall monitor the pump as specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c). If the instrument
reading indicates a leak as specified in paragraph (b)(2) of this
section, a leak is detected and it shall be repaired using the
procedures in Sec. 63.1024, except as specified in paragraph (b)(3) of
this section; or
(ii) The owner or operator shall eliminate the visual indications
of liquids dripping.
(c) Percent leaking pumps calculation. (1) The owner or operator
shall decide no later than the compliance date of this part or upon
revision of an operating permit whether to calculate percent leaking
pumps on a process unit basis or group of process units basis. Once the
owner or operator has decided, all subsequent percentage calculations
shall be made on the same basis.
(2) If, when calculated on a 6-month rolling average, at least the
greater of either 10 percent of the pumps in a process unit or three
pumps in a process unit leak, the owner or operator shall implement a
quality improvement program for pumps that complies with the
requirements of Sec. 63.1035.
(3) The number of pumps at a process unit or affected facility
shall be the sum of all the pumps in regulated material service, except
that pumps found leaking in a continuous process unit or affected
facility within 1 month after start-up of the pump shall not count in
the percent leaking pumps calculation for that one monitoring period
only.
(4) Percent leaking pumps shall be determined by the following
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.012
Where:
%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through
monthly monitoring as required in paragraph (b)(1) of this section. Do
not include results from inspection of unsafe-to-monitor pumps pursuant
to paragraph (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up
during the current monitoring period.
PT = Total pumps in regulated material service, including
those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and
(e)(6) of this section.
(d) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 63.1024, as applicable, unless otherwise specified in paragraph
(b)(5) of this section for leaks identified by visual indications of
liquids dripping.
(e) Special provisions for pumps. (1) Dual mechanical seal pumps.
Each pump equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b)
of this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(viii) of this section are met.
(i) The owner or operator determines, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates
failure of the seal system, the barrier fluid system, or both. The
owner or operator shall keep records at the plant of the design
criteria and an explanation of the design criteria; and any changes to
these criteria and the reasons for the changes. This record must be
available for review by an inspector.
(ii) Each dual mechanical seal system shall meet the requirements
specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C)
of this section.
(A) Each dual mechanical seal system is operated with the barrier
fluid at a pressure that is at all times (except periods of startup,
shutdown, or malfunction) greater than the pump stuffing box pressure;
or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that complies with the requirements of
either Sec. 63.1034 or Sec. 63.1021(b) of this part; or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(iii) The barrier fluid is not in light liquid service.
(iv) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(v) Each pump is checked by visual inspection each calendar week
for indications of liquids dripping from the pump seal. The owner or
operator shall document that the inspection was conducted and the date
of the inspection. If there are indications of liquids dripping from
the pump seal at the time of the weekly inspection, the
[[Page 34908]]
owner or operator shall follow the procedure specified in paragraphs
(e)(1)(v)(A) or (e)(1)(v)(B) of this section prior to the next required
inspection.
(A) The owner or operator shall monitor the pump as specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023 (c), to determine if
there is a leak of regulated material in the barrier fluid. If an
instrument reading of 1,000 parts per million or greater is measured, a
leak is detected and it shall be repaired using the procedures in
Sec. 63.1024; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(vi) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(1)(i) of this section, or if
based on the criteria established in paragraph (e)(1)(i) of this
section the sensor indicates failure of the seal system, the barrier
fluid system, or both, a leak is detected.
(vii) Each sensor as described in paragraph (e)(1)(iv) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
(viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of
this section, it shall be repaired as specified in Sec. 63.1024.
(2) No external shaft. Any pump that is designed with no externally
actuated shaft penetrating the pump housing is exempt from the
requirements of paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any pump that is routed to a process or fuel gas
system or equipped with a closed vent system capable of capturing and
transporting leakage from the pump to a control device meeting the
requirements of Sec. 63.1034 of this part or Sec. 63.1021(b) is exempt
from the requirements of paragraph (b) of this section.
(4) Unmanned plant site. Any pump that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this
section, and the daily requirements of paragraph (e)(1)(vii) of this
section, provided that each pump is visually inspected as often as
practical and at least monthly.
(5) 90 percent exemption. If more than 90 percent of the pumps at a
process unit or affected facility meet the criteria in either paragraph
(e)(1) or (e)(2) of this section, the process unit or affected facility
is exempt from the percent leaking calculation in paragraph (c) of this
section.
(6) Unsafe-to-monitor pumps. Any pump that is designated, as
described in Sec. 63.1022(c)(1)(ii), as an unsafe-to-monitor pump is
exempt from the requirements of paragraph (b) of this section and the
requirements of Sec. 63.1024 and the owner or operator shall monitor
the pump according to the written plan specified in Sec. 63.1022(c)(4)
Sec. 63.1027 Connectors in gas and vapor service and in light liquid
service standards.
(a) Compliance schedule. The owner or operator shall monitor all
connectors in each process unit initially for leaks by the later of
either 12 months after the compliance date as specified in a
referencing subpart or 12 months after initial startup. If all
connectors in each process unit have been monitored for leaks prior to
the compliance date specified in the referencing subpart, no initial
monitoring is required provided either no process changes have been
made since the monitoring or the owner or operator can determine that
the results of the monitoring, with or without adjustments, reliably
demonstrate compliance despite process changes. If required to monitor
because of a process change, the owner or operator is required to
monitor only those connectors involved in the process change.
(b) Leak detection. Except as allowed in Sec. 63.1021(b),
Sec. 63.1036, Sec. 63.1037, or as specified in paragraph (e) of this
section, the owner or operator shall monitor all connectors in gas and
vapor and light liquid service as specified in paragraphs (a) and
(b)(3) of this section.
(1) Monitoring method. The connectors shall be monitored to detect
leaks by the method specified in Sec. 63.1023(b) and, as applicable,
Sec. 63.1023(c).
(2) Instrument reading that defines a leak. If an instrument
reading greater than or equal to 500 parts per million is measured, a
leak is detected.
(3) Monitoring periods. The owner or operator shall perform
monitoring, subsequent to the initial monitoring required in paragraph
(a) of this section, as specified in paragraphs (b)(3)(i) through
(b)(3)(iii) of this section, and shall comply with the requirements of
paragraphs (b)(3)(iv) and (b)(3)(v) of this section. The required
period in which monitoring must be conducted shall be determined from
paragraphs (b)(3)(i) through (b)(3)(iii) of this section using the
monitoring results from the preceding monitoring period. The percent
leaking connectors shall be calculated as specified in paragraph (c) of
this section.
(i) If the percent leaking connectors in the process unit was
greater than or equal to 0.5 percent, then monitor within 12 months (1
year).
(ii) If the percent leaking connectors in the process unit was
greater than or equal to 0.25 percent but less than 0.5 percent, then
monitor within 4 years. An owner or operator may comply with the
requirements of this paragraph by monitoring at least 40 percent of the
connectors within 2 years of the start of the monitoring period,
provided all connectors have been monitored by the end of the 4 year
monitoring period.
(iii) If the percent leaking connectors in the process unit was
less than 0.25 percent, then monitor as provided in paragraph
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or
(b)(3)(iii)(C) of this section, as appropriate.
(A) An owner or operator shall monitor at least 50 percent of the
connectors within 4 years of the start of the monitoring period.
(B) If the percent leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is
greater than or equal to 0.35 percent of the monitored connectors, the
owner or operator shall monitor as soon as practical, but within the
next 6 months, all connectors that have not yet been monitored during
the monitoring period. At the conclusion of monitoring, a new
monitoring period shall be started pursuant to paragraph (b)(3) of this
section, based on the percent leaking connectors of the total monitored
connectors.
(C) If the percent leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is less
than 0.35 percent of the monitored connectors, the owner or operator
shall monitor all connectors that have not yet been monitored within 8
years of the start of the monitoring period.
(iv) If, during the monitoring conducted pursuant to paragraph
(b)(3)(i) through (b)(3)(iii) of this section, a connector is found to
be leaking, it shall be re-monitored once within 90 days after repair
to confirm that it is not leaking.
(v) The owner or operator shall keep a record of the start date and
end date of each monitoring period under this section for each process
unit.
(c) Percent leaking connectors calculation. For use in determining
the monitoring frequency, as specified in paragraphs (a) and (b)(3) of
this section, the percent leaking connectors as used in paragraphs (a)
and (b)(3) of this section shall be calculated by using equation number
4.
[[Page 34909]]
[GRAPHIC] [TIFF OMITTED] TR29JN99.013
Where:
%CL = Percent leaking connectors as determined through
periodic monitoring required in paragraphs (a) and (b)(3)(i) through
(b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million
or greater, by the method specified in Sec. 63.1023(b).
Ct = Total number of monitored connectors in the process
unit or affected facility.
(d) Leak repair. If a leak is detected pursuant to paragraphs (a)
and (b) of this section, then the leak shall be repaired using the
procedures in Sec. 63.1024, as applicable.
(e) Special provisions for connectors. (1) Unsafe-to-monitor
connectors. Any connector that is designated, as described in
Sec. 63.1022(c)(1), as an unsafe-to-monitor connector is exempt from
the requirements of paragraphs (a) and (b) of this section and the
owner or operator shall monitor according to the written plan specified
in Sec. 63.1022(c)(4).
(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any
connector that is inaccessible or that is ceramic or ceramic-lined
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring
requirements of paragraphs (a) and (b) of this section, from the leak
repair requirements of paragraph (d) of this section, and from the
recordkeeping and reporting requirements of Secs. 63.1038 and 63.1039.
An inaccessible connector is one that meets any of the provisions
specified in paragraphs (e)(2)(i)(A) through (e)(2)(i)(F) of this
section, as applicable.
(A) Buried;
(B) Insulated in a manner that prevents access to the connector by
a monitor probe;
(C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
(D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters
(25 feet) above the ground.
(E) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold;
(F) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines, or would risk damage to equipment.
(ii) If any inaccessible, ceramic or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the visual, audible, olfactory, or other indications of a leak to the
atmosphere shall be eliminated as soon as practical.
Sec. 63.1028 Agitators in gas and vapor service and in light liquid
service standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) [Reserved]
(c) Leak detection. (1) Monitoring method. Each agitator seal shall
be monitored monthly to detect leaks by the methods specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), except as provided
in Sec. 63.1021(b), Sec. 63.1036, Sec. 63.1037, or paragraph (e) of
this section.
(2) Instrument reading that defines a leak. If an instrument
reading equivalent of 10,000 parts per million or greater is measured,
a leak is detected.
(3) Visual inspection. (i) Each agitator seal shall be checked by
visual inspection each calendar week for indications of liquids
dripping from the agitator seal. The owner or operator shall document
that the inspection was conducted and the date of the inspection.
(ii) If there are indications of liquids dripping from the agitator
seal, the owner or operator shall follow the procedures specified in
paragraphs (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section prior to the
next required inspection.
(A) The owner or operator shall monitor the agitator seal as
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), to
determine if there is a leak of regulated material. If an instrument
reading of 10,000 parts per million or greater is measured, a leak is
detected, and it shall be repaired according to paragraph (d) of this
section; or
(B) The owner or operator shall eliminate the indications of
liquids dripping from the agitator seal.
(d) Leak repair. If a leak is detected, then the leak shall be
repaired using the procedures in Sec. 63.1024.
(e) Special provisions for agitators. (1) Dual mechanical seal.
Each agitator equipped with a dual mechanical seal system that includes
a barrier fluid system is exempt from the requirements of paragraph (c)
of this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(vi) of this section are met.
(i) Each dual mechanical seal system shall meet the applicable
requirements specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or
(e)(1)(i)(C) of this section.
(A) Operated with the barrier fluid at a pressure that is at all
times (except during periods of startup, shutdown, or malfunction)
greater than the agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that meets the requirements of either
Sec. 63.1034 or Sec. 63.1021(b); or
(C) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(ii) The barrier fluid is not in light liquid service.
(iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(iv) Each agitator seal is checked by visual inspection each
calendar week for indications of liquids dripping from the agitator
seal. If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in paragraphs (e)(1)(iv)(A) or
(e)(1)(iv)(B) of this section prior to the next required inspection.
(A) The owner or operator shall monitor the agitator seal as
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), to
determine the presence of regulated material in the barrier fluid. If
an instrument reading equivalent to or greater than 10,000 ppm is
measured, a leak is detected and it shall be repaired using the
procedures in Sec. 63.1024, or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (e)(1)(iii) of this
section is observed daily or is equipped with an alarm unless the
agitator seal is located within the boundary of an unmanned plant site.
(vi) The owner or operator of each dual mechanical seal system
shall meet the requirements specified in paragraphs (e)(1)(vi)(A) and
(e)(1)(vi)(B).
(A) The owner or operator shall determine, based on design
considerations and operating experience, criteria that indicates
failure of the seal system, the barrier fluid system, or both and
applicable to the presence and frequency of drips. If indications of
liquids dripping from the agitator seal exceed the criteria, or if,
based on the criteria the sensor indicates failure of the seal system,
the barrier fluid system, or both, a leak is
[[Page 34910]]
detected and shall be repaired pursuant to Sec. 63.1024, as applicable.
(B) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
(2) No external shaft. Any agitator that is designed with no
externally actuated shaft penetrating the agitator housing is exempt
from paragraph (c) of this section.
(3) Routed to a process or fuel gas system or equipped with a
closed vent system. Any agitator that is routed to a process or fuel
gas system that captures and transports leakage from the agitator to a
control device meeting the requirements of either Sec. 63.1034 or
Sec. 63.1021(b) is exempt from the requirements of paragraph (c) of
this section.
(4) Unmanned plant site. Any agitator that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (c)(3) and (e)(1)(iv) of this
section, and the daily requirements of paragraph (e)(1)(v) of this
section, provided that each agitator is visually inspected as often as
practical and at least monthly.
(5) Difficult-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1022(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (c)
of this section and the owner or operator shall monitor the agitator
seal according to the written plan specified in Sec. 63.1022(c)(4).
(6) Equipment obstructions. Any agitator seal that is obstructed by
equipment or piping that prevents access to the agitator by a monitor
probe is exempt from the monitoring requirements of paragraph (c) of
this section.
(7) Unsafe-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1022(c)(1), as an unsafe-to-monitor
agitator seal is exempt from the requirements of paragraph (c) of this
section and the owner or operator of the agitator seal monitors the
agitator seal according to the written plan specified in
Sec. 63.1022(c)(4).
Sec. 63.1029 Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in liquid service; and instrumentation
systems standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Leak detection. (1) Monitoring method. Unless otherwise
specified in Secs. 63.1021(b), 63.1036, or 63.1037, the owner or
operator shall comply with paragraphs (b)(1) and (b)(2) of this
section. Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in light liquid or heavy liquid
service; and instrumentation systems shall be monitored within 5
calendar days by the method specified in Sec. 63.1023(b) and, as
applicable, Sec. 63.1023(c), if evidence of a potential leak to the
atmosphere is found by visual, audible, olfactory, or any other
detection method, unless the potential leak is repaired as required in
paragraph (c) of this section.
(2) Instrument reading that defines a leak. If an instrument
reading of 10,000 parts per million or greater for agitators, 5,000
parts per million or greater for pumps handling polymerizing monomers,
2,000 parts per million or greater for pumps in food and medical
service, or 2,000 parts per million or greater for all other pumps
(including pumps in food/medical service), or 500 parts per million or
greater for valves, connectors, instrumentation systems, and pressure
relief devices is measured pursuant to paragraph (b)(1) of this
section, a leak is detected and shall be repaired pursuant to
Sec. 63.1024, as applicable.
(c) Leak repair. For equipment identified in paragraph (b) of this
section that is not monitored by the method specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), repaired shall
mean that the visual, audible, olfactory, or other indications of a
leak to the atmosphere have been eliminated; that no bubbles are
observed at potential leak sites during a leak check using soap
solution; or that the system will hold a test pressure.
Sec. 63.1030 Pressure relief devices in gas and vapor service
standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Compliance standard. Except during pressure releases as
provided for in paragraph (c) of this section, or as otherwise
specified in Secs. 63.1036, 63.1037, or paragraphs (d) and (e) of this
section, each pressure relief device in gas and vapor service shall be
operated with an instrument reading of less than 500 parts per million
as measured by the method specified in Sec. 63.1023(b) and, as
applicable, Sec. 63.1023(c).
(c) Pressure relief requirements. (1) After each pressure release,
the pressure relief device shall be returned to a condition indicated
by an instrument reading of less than 500 parts per million, as soon as
practical, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 63.1024(d).
(2) The pressure relief device shall be monitored no later than
five calendar days after the pressure to confirm the condition
indicated by an instrument reading of less than 500 parts per million
above background, as measured by the method specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c).
(3) The owner or operator shall record the dates and results of the
monitoring required by paragraph (c)(2) of this section following a
pressure release including the background level measured and the
maximum instrument reading measured during the monitoring.
(d) Pressure relief devices routed to a process or fuel gas system
or equipped with a closed vent system and control device. Any pressure
relief device that is routed to a process or fuel gas system or
equipped with a closed vent system capable of capturing and
transporting leakage from the pressure relief device to a control
device meeting the requirements of Sec. 63.1034 is exempt from the
requirements of paragraphs (b) and (c) of this section.
(e) Rupture disk exemption. Any pressure relief device that is
equipped with a rupture disk upstream of the pressure relief device is
exempt from the requirements of paragraphs (b) and (c) of this section
provided the owner or operator installs a replacement rupture disk
upstream of the pressure relief device as soon as practical after each
pressure release but no later than 5 calendar days after each pressure
release, except as provided in Sec. 63.1024(d).
Sec. 63.1031 Compressors standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Seal system standard. Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents
leakage of process fluid to the atmosphere, except as provided in
Secs. 63.1021(b), 63.1036, 63.1037, and paragraphs (e) and (f) of this
section. Each compressor seal system shall meet the applicable
requirements specified in paragraph (b)(1), (b)(2), or (b)(3) of this
section.
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure at all times (except during
periods of startup, shutdown, or malfunction); or
[[Page 34911]]
(2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system or connected by a closed-vent
system to a control device that meets the requirements of either
Sec. 63.1034 or Sec. 63.1021(b); or
(3) Equipped with a closed-loop system that purges the barrier
fluid directly into a process stream.
(c) Barrier fluid system. The barrier fluid shall not be in light
liquid service. Each barrier fluid system shall be equipped with a
sensor that will detect failure of the seal system, barrier fluid
system, or both. Each sensor shall be observed daily or shall be
equipped with an alarm unless the compressor is located within the
boundary of an unmanned plant site.
(d) Failure criterion and leak detection. (1) The owner or operator
shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the
barrier fluid system, or both. If the sensor indicates failure of the
seal system, the barrier fluid system, or both based on the criterion,
a leak is detected and shall be repaired pursuant to Sec. 63.1024, as
applicable.
(2) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
(e) Routed to a process or fuel gas system or equipped with a
closed vent system. A compressor is exempt from the requirements of
paragraphs (b) through (d) of this section if it is equipped with a
system to capture and transport leakage from the compressor drive shaft
seal to a process or a fuel gas system or to a closed vent system that
captures and transports leakage from the compressor to a control device
meeting the requirements of either Sec. 63.1034 or Sec. 63.1021(b).
(f) Alternative compressor standard. (1) Any compressor that is
designated, as described in Sec. 63.1022(e), as operating with an
instrument reading of less than 500 parts per million above background
shall operate at all times with an instrument reading of less than 500
parts per million. A compressor so designated is exempt from the
requirements of paragraphs (b) through (d) of this section if the
compressor is demonstrated, initially upon designation, annually, and
at other times requested by the Administrator to be operating with an
instrument reading of less than 500 parts per million above background,
as measured by the method specified in Sec. 63.1023(b) and, as
applicable, Sec. 63.1023(c).
(2) The owner or operator shall record the dates and results of
each compliance test including the background level measured and the
maximum instrument reading measured during each compliance test.
Sec. 63.1032 Sampling connection systems standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
(b) Equipment requirement. Each sampling connection system shall be
equipped with a closed-purge, closed-loop, or closed vent system,
except as provided in Secs. 63.1021(b), 63.1036, 63.1037, or paragraph
(d) of this section. Gases displaced during filling of the sample
container are not required to be collected or captured.
(c) Equipment design and operation. Each closed-purge, closed-loop,
or closed vent system as required in paragraph (b) of this section
shall meet the applicable requirements specified in paragraphs (c)(1)
through (c)(5) of this section.
(1) The system shall return the purged process fluid directly to a
process line or to a fuel gas system that meets the requirements of
either Sec. 63.1034 or Sec. 63.1021(b); or
(2) [Reserved]
(3) Be designed and operated to capture and transport all the
purged process fluid to a control device that meets the requirements of
either Sec. 63.1034 or Sec. 63.1021(b); or
(4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or
(c)(4)(iii) of this section.
(i) A waste management unit as defined in 40 CFR 63.111 or subpart
G, if the waste management unit is subject to and operating in
compliance with the provisions of 40 CFR part 63, subpart G, applicable
to group 1 wastewater streams. If the purged process fluid does not
contain any regulated material listed in Table 9 of 40 CFR part 63,
subpart G, the waste management unit need not be subject to, and
operated in compliance with the requirements of 40 CFR part 63, subpart
G, applicable to group 1 wastewater steams provided the facility has a
National Pollution Discharge Elimination System (NPDES) permit or sends
the wastewater to an NPDES-permitted facility.
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR parts 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
(5) Containers that are part of a closed purge system must be
covered or closed when not being filled or emptied.
(d) In-situ sampling systems. In-situ sampling systems and sampling
systems without purges are exempt from the requirements of paragraphs
(b) and (c) of this section.
Sec. 63.1033 Open-ended valves or lines standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance date specified in the
referencing subpart.
(b) Equipment and operational requirements. (1) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve, except as provided in Secs. 63.1021(b), 63.1036, 63.1037,
and paragraphs (c) and (d) of this section. The cap, blind flange,
plug, or second valve shall seal the open end at all times except
during operations requiring process fluid flow through the open-ended
valve or line, or during maintenance. The operational provisions of
paragraphs (b)(2) and (b)(3) of this section also apply.
(2) Each open-ended valve or line equipped with a second valve
shall be operated in a manner such that the valve on the process fluid
end is closed before the second valve is closed.
(3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting
the line between the block valves but shall comply with paragraph
(b)(1) of this section at all other times.
(c) Emergency shutdown exemption. Open-ended valves or lines in an
emergency shutdown system that are designed to open automatically in
the event of a process upset are exempt from the requirements of
paragraph (b) of this section.
(d) Polymerizing materials exemption. Open-ended valves or lines
containing materials that would autocatalytically polymerize or, would
present an explosion, serious overpressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraph (b) of this section are exempt from the requirements of
paragraph (b) of this section.
Sec. 63.1034 Closed vent systems and control devices; or emissions
routed to a fuel gas system or process standards.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance
[[Page 34912]]
date specified in the referencing subpart.
(b) Compliance standard. (1) Owners or operators routing emissions
from equipment leaks to a fuel gas system or process shall comply with
the provisions of subpart SS of this part, except as provided in
Sec. 63.1002(b).
(2) Owners or operators of closed vent systems and control devices
used to comply with the provisions of this subpart shall comply with
the provisions of subpart SS of this part and (b)(2)(i) through
(b)(2)(iii) of this section, except as provided in Sec. 63.1002(b).
(i) Nonflare control devices shall be designed and operated to
reduce emissions of regulated material vented to them with an
efficiency of 95 percent or greater, or to an exit concentration of 20
parts per million by volume, whichever is less stringent. The 20 parts
per million by volume standard is not applicable to the provisions of
Sec. 63.1016.
(ii) Enclosed combustion devices shall be designed and operated to
reduce emissions of regulated material vented to them with an
efficiency of 95 percent or greater, or to an exit concentration of 20
parts per million by volume, on a dry basis, corrected to 3 percent
oxygen, whichever is less stringent, or to provide a minimum residence
time of 0.50 seconds at a minimum temperature of 760 deg. C (1400 deg.
F).
(iii) Flares used to comply with the provisions of this subpart
shall comply with the requirements of subpart SS of this part.
Sec. 63.1035 Quality improvement program for pumps.
(a) Criteria. If, on a 6-month rolling average, at least the
greater of either 10 percent of the pumps in a process unit or affected
facility (or plant site) or three pumps in a process unit or affected
facility (or plant site) leak, the owner or operator shall comply with
the requirements specified in paragraphs (a)(1) and (a)(2) of this
section.
(1) Pumps that are in food and medical service or in polymerizing
monomer service shall comply with all requirements except for those
specified in paragraph (d)(8) of this section.
(2) Pumps that are not in food and medical or polymerizing monomer
service shall comply with all of the requirements of this section.
(b) Exiting the QIP. The owner or operator shall comply with the
requirements of this section until the number of leaking pumps is less
than the greater of either 10 percent of the pumps or three pumps,
calculated as a 6-month rolling average, in the process unit or
affected facility (or plant site). Once the performance level is
achieved, the owner or operator shall comply with the requirements in
Sec. 63.1026.
(c) Resumption of QIP. If, in a subsequent monitoring period, the
process unit or affected facility (or plant site) has greater than
either 10 percent of the pumps leaking or three pumps leaking
(calculated as a 6-month rolling average), the owner or operator shall
resume the quality improvement program starting at performance trials.
(d) QIP requirements. The quality improvement program shall meet
the requirements specified in paragraphs (d)(1) through (d)(8) of this
section.
(1) The owner or operator shall comply with the requirements in
Sec. 63.1026.
(2) Data collection. The owner or operator shall collect the data
specified in paragraphs (d)(2)(i) through (d)(2)(v) of this section and
maintain records for each pump in each process unit or affected
facility (or plant site) subject to the quality improvement program.
The data may be collected and the records may be maintained on a
process unit, affected facility, or plant site basis.
(i) Pump type (e.g., piston, horizontal or vertical centrifugal,
gear, bellows); pump manufacturer; seal type and manufacturer; pump
design (e.g., external shaft, flanged body); materials of construction;
if applicable, barrier fluid or packing material; and year installed.
(ii) Service characteristics of the stream such as discharge
pressure, temperature, flow rate, corrosivity, and annual operating
hours.
(iii) The maximum instrument readings observed in each monitoring
observation before repair, response factor for the stream if
appropriate, instrument model number, and date of the observation.
(iv) If a leak is detected, the repair methods used and the
instrument readings after repair.
(v) If the data will be analyzed as part of a larger analysis
program involving data from other plants or other types of process
units or affected facilities, a description of any maintenance or
quality assurance programs used in the process unit or affected
facility that are intended to improve emission performance.
(3) The owner or operator shall continue to collect data on the
pumps as long as the process unit or affected facility (or plant site)
remains in the quality improvement program.
(4) Pump or pump seal inspection. The owner or operator shall
inspect all pumps or pump seals that exhibited frequent seal failures
and were removed from the process unit or affected facility due to
leaks. The inspection shall determine the probable cause of the pump
seal failure or of the pump leak and shall include recommendations, as
appropriate, for design changes or changes in specifications to reduce
leak potential.
(5)(i) Data analysis. The owner or operator shall analyze the data
collected to comply with the requirements of paragraph (d)(2) of this
section to determine the services, operating or maintenance practices,
and pump or pump seal designs or technologies that have poorer than
average emission performance and those that have better than average
emission performance. The analysis shall determine if specific trouble
areas can be identified on the basis of service, operating conditions
or maintenance practices, equipment design, or other process-specific
factors.
(ii) The analysis shall also be used to determine if there are
superior performing pump or pump seal technologies that are applicable
to the service(s), operating conditions, or pump or pump seal designs
associated with poorer than average emission performance. A superior
performing pump or pump seal technology is one with a leak frequency of
less than 10 percent for specific applications in the process unit,
affected facility, or plant site. A candidate superior performing pump
or pump seal technology is one demonstrated or reported in the
available literature or through a group study as having low emission
performance and as being capable of achieving less than 10 percent
leaking pumps in the process unit or affected facility (or plant site).
(iii) The analysis shall include consideration of the information
specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this
section.
(A) The data obtained from the inspections of pumps and pump seals
removed from the process unit or affected facility due to leaks;
(B) Information from the available literature and from the
experience of other plant sites that will identify pump designs or
technologies and operating conditions associated with low emission
performance for specific services; and
(C) Information on limitations on the service conditions for the
pump seal technology operating conditions as well as information on
maintenance procedures to ensure continued low emission performance.
(iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and
may be for a single process unit, a plant
[[Page 34913]]
site, a company, or a group of process units.
(v) The first analysis of the data shall be completed no later than
18 months after the start of the quality improvement program. The first
analysis shall be performed using data collected for a minimum of 6
months. An analysis of the data shall be done each year the process
unit or affected facility is in the quality improvement program.
(6) Trial evaluation program. A trial evaluation program shall be
conducted at each plant site for which the data analysis does not
identify use of superior performing pump seal technology or pumps that
can be applied to the areas identified as having poorer than average
performance, except as provided in paragraph (d)(6)(v) of this section.
The trial program shall be used to evaluate the feasibility of using in
the process unit or affected facility (or plant site) the pump designs
or seal technologies, and operating and maintenance practices that have
been identified by others as having low emission performance.
(i) The trial evaluation program shall include on-line trials of
pump seal technologies or pump designs and operating and maintenance
practices that have been identified in the available literature or in
analysis by others as having the ability to perform with leak rates
below 10 percent in similar services, as having low probability of
failure, or as having no external actuating mechanism in contact with
the process fluid. If any of the candidate superior performing pump
seal technologies or pumps is not included in the performance trials,
the reasons for rejecting specific technologies from consideration
shall be documented as required in paragraph (e)(3)(ii) of this
section.
(ii) The number of pump seal technologies or pumps in the trial
evaluation program shall be the lesser of 1 percent or two pumps for
programs involving single process units or affected facilities and the
lesser of 1 percent or five pumps for programs involving a plant site
or groups of process units or affected facilities. The minimum number
of pumps or pump seal technologies in a trial program shall be one.
(iii) The trial evaluation program shall specify and include
documentation of the information specified in paragraphs (d)(6)(iii)(A)
through (d)(6)(iii)(D) of this section.
(A) The candidate superior performing pump seal designs or
technologies to be evaluated, the stages for evaluating the identified
candidate pump designs or pump seal technologies, including the time
period necessary to test the applicability;
(B) The frequency of monitoring or inspection of the equipment;
(C) The range of operating conditions over which the component will
be evaluated; and
(D) Conclusions regarding the emission performance and the
appropriate operating conditions and services for the trial pump seal
technologies or pumps.
(iv) The performance trials shall initially be conducted, at least,
for a 6-month period beginning not later than 18 months after the start
of the quality improvement program. No later than 24 months after the
start of the quality improvement program, the owner or operator shall
have identified pump seal technologies or pump designs that, combined
with appropriate process, operating, and maintenance practices, operate
with low emission performance for specific applications in the process
unit or affected facility. The owner or operator shall continue to
conduct performance trials as long as no superior performing design or
technology has been identified, except as provided in paragraph
(d)(6)(vi) of this section. The initial list of superior emission
performance pump designs or pump seal technologies shall be amended in
the future, as appropriate, as additional information and experience
are obtained.
(v) Any plant site with fewer than 400 valves and owned by a
corporation with fewer than 100 employees shall be exempt from trial
evaluations of pump seals or pump designs. Plant sites exempt from the
trial evaluations of pumps shall begin the pump seal or pump
replacement program at the start of the fourth year of the quality
improvement program.
(vi) An owner or operator who has conducted performance trials on
all alternative superior emission performance technologies suitable for
the required applications in the process unit or affected facility may
stop conducting performance trials provided that a superior performing
design or technology has been demonstrated or there are no technically
feasible alternative superior technologies remaining. The owner or
operator shall prepare an engineering evaluation documenting the
physical, chemical, or engineering basis for the judgment that the
superior emission performance technology is technically infeasible or
demonstrating that it would not reduce emissions.
(7) Quality assurance program. Each owner or operator shall prepare
and implement a pump quality assurance program that details purchasing
specifications and maintenance procedures for all pumps and pump seals
in the process unit or affected facility. The quality assurance program
may establish any number of categories, or classes, of pumps as needed
to distinguish among operating conditions and services associated with
poorer than average emission performance as well as those associated
with better than average emission performance. The quality assurance
program shall be developed considering the findings of the data
analysis required under paragraph (d)(5) of this section; and, if
applicable, the findings of the trial evaluation required in paragraph
(d)(6) of this section; and the operating conditions in the process
unit or affected facility. The quality assurance program shall be
updated each year as long as the process unit or affected facility has
the greater of either 10 percent or more leaking pumps or has three
leaking pumps.
(i) The quality assurance program shall meet the requirements
specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this
section.
(A) Establish minimum design standards for each category of pumps
or pump seal technology. The design standards shall specify known
critical parameters such as tolerance, manufacturer, materials of
construction, previous usage, or other applicable identified critical
parameters;
(B) Require that all equipment orders specify the design standard
(or minimum tolerances) for the pump or the pump seal;
(C) Provide for an audit procedure for quality control of purchased
equipment to ensure conformance with purchase specifications. The audit
program may be conducted by the owner or operator of the plant site or
process unit or affected facility, or by a designated representative;
and
(D) Detail off-line pump maintenance and repair procedures. These
procedures shall include provisions to ensure that rebuilt or
refurbished pumps and pump seals will meet the design specifications
for the pump category and will operate so that emissions are minimized.
(ii) The quality assurance program shall be established no later
than the start of the third year of the quality improvement program for
plant sites with 400 or more valves or 100 or more employees; and no
later than the start of the fourth year of the quality improvement
program for plant sites with less than 400 valves and less than 100
employees.
[[Page 34914]]
(8) Pump or pump seal replacement. Three years after the start of
the quality improvement program for plant sites with 400 or more valves
or 100 or more employees and at the start of the fourth year of the
quality improvement program for plant sites with less than 400 valves
and less than 100 employees, the owner or operator shall replace, as
described in paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the
pumps or pump seals that are not superior emission performance
technology with pumps or pump seals that have been identified as
superior emission performance technology and that comply with the
quality assurance standards for the pump category. Superior emission
performance technology is that category or design of pumps or pump
seals with emission performance that when combined with appropriate
process, operating, and maintenance practices, will result in less than
10 percent leaking pumps for specific applications in the process unit,
affected facility, or plant site. Superior emission performance
technology includes material or design changes to the existing pump,
pump seal, seal support system, installation of multiple mechanical
seals or equivalent, or pump replacement.
(i) Pumps or pump seals shall be replaced at the rate of 20 percent
per year based on the total number of pumps in light liquid service.
The calculated value shall be rounded to the nearest nonzero integer
value. The minimum number of pumps or pump seals shall be one. Pump
replacement shall continue until all pumps subject to the requirements
of Sec. 63.1026 are pumps determined to be superior performance
technology.
(ii) The owner or operator may delay replacement of pump seals or
pumps with superior technology until the next planned process unit or
affected facility shutdown, provided the number of pump seals and pumps
replaced is equivalent to the 20 percent or greater annual replacement
rate.
(iii) The pumps shall be maintained as specified in the quality
assurance program.
(e) QIP recordkeeping. In addition to the records required by
paragraph (d)(2) of this section, the owner or operator shall maintain
records for the period of the quality improvement program for the
process unit or affected facility as specified in paragraphs (e)(1)
through (e)(6) of this section.
(1) When using a pump quality improvement program as specified in
this section, record the information specified in paragraphs (e)(1)(i)
through (e)(1)(iii) of this section.
(i) The rolling average percent leaking pumps.
(ii) Documentation of all inspections conducted under the
requirements of paragraph (d)(4) of this section, and any
recommendations for design or specification changes to reduce leak
frequency.
(iii) The beginning and ending dates while meeting the requirements
of paragraph (d) of this section.
(2) If a leak is not repaired within 15 calendar days after
discovery of the leak, the reason for the delay and the expected date
of successful repair.
(3) Records of all analyses required in paragraph (d) of this
section. The records will include the information specified in
paragraphs (e)(3)(i) through (e)(3)(iv) of this section.
(i) A list identifying areas associated with poorer than average
performance and the associated service characteristics of the stream,
the operating conditions and maintenance practices.
(ii) The reasons for rejecting specific candidate superior emission
performing pump technology from performance trials.
(iii) The list of candidate superior emission performing valve or
pump technologies, and documentation of the performance trial program
items required under paragraph (d)(6)(iii) of this section.
(iv) The beginning date and duration of performance trials of each
candidate superior emission performing technology.
(4) All records documenting the quality assurance program for pumps
as specified in paragraph (d)(7) of this section, including records
indicating that all pumps replaced or modified during the period of the
quality improvement program are in compliance with the quality
assurance.
(5) Records documenting compliance with the 20 percent or greater
annual replacement rate for pumps as specified in paragraph (d)(8) of
this section.
(6) Information and data to show the corporation has fewer than 100
employees, including employees providing professional and technical
contracted services.
Sec. 63.1036 Alternative means of emission limitation: Batch
processes.
(a) General requirement. As an alternative to complying with the
requirements of Secs. 63.1025 through 63.1033 and Sec. 63.1035, an
owner or operator of a batch process that operates in regulated
material service during the calendar year may comply with one of the
standards specified in paragraphs (b) and (c) of this section, or the
owner or operator may petition for approval of an alternative standard
under the provisions of Sec. 63.1021(b). The alternative standards of
this section provide the options of pressure testing or monitoring the
equipment for leaks. The owner or operator may switch among the
alternatives provided the change is documented as specified in
paragraph (b)(7) of this section.
(b) Pressure testing of the batch equipment. The following
requirements shall be met if an owner or operator elects to use
pressure testing of batch product-process equipment to demonstrate
compliance with this subpart.
(1) Reconfiguration. Each time equipment is reconfigured for
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before
regulated material is first fed to the equipment and the equipment is
placed in regulated material service.
(i) When the batch product-process equipment train is reconfigured
to produce a different product, pressure testing is required only for
the new or disturbed equipment.
(ii) Each batch product process that operates in regulated material
service during a calendar year shall be pressure-tested at least once
during that calendar year.
(iii) Pressure testing is not required for routine seal breaks,
such as changing hoses or filters, that are not part of the
reconfiguration to produce a different product or intermediate.
(2) Testing procedures. The batch product process equipment shall
be tested either using the procedures specified in paragraph (b)(5) of
this section for pressure vacuum loss or with a liquid using the
procedures specified in paragraph (b)(6) of this section.
(3) Leak detection. (i) For pressure or vacuum tests using a gas, a
leak is detected if the rate of change in pressure is greater than 6.9
kilopascals (1 pound per square inch gauge) in 1 hour or if there is
visible, audible, or olfactory evidence of fluid loss.
(ii) For pressure tests using a liquid, a leak is detected if there
are indications of liquids dripping or if there is other evidence of
fluid loss.
(4) Leak repair. (i) If a leak is detected, it shall be repaired
and the batch product-process equipment shall be retested before start-
up of the process.
(ii) If a batch product-process fails the retest (the second of two
consecutive pressure tests), it shall be repaired as soon as practical,
but not later than 30 calendar days after the second pressure
[[Page 34915]]
test except as specified in paragraph (e) of this section.
(5) Gas pressure test procedure for pressure or vacuum loss. The
procedures specified in paragraphs (b)(5)(i) through (b)(5)(v) of this
section shall be used to pressure test batch product-process equipment
for pressure or vacuum loss to demonstrate compliance with the
requirements of paragraph (b)(3)(i) of this section.
(i) The batch product-process equipment train shall be pressurized
with a gas to a pressure less than the set pressure of any safety
relief devices or valves or to a pressure slightly above the operating
pressure of the equipment, or alternatively the equipment shall be
placed under a vacuum.
(ii) Once the test pressure is obtained, the gas source or vacuum
source shall be shut off.
(iii) The test shall continue for not less than 15 minutes unless
it can be determined in a shorter period of time that the allowable
rate of pressure drop or of pressure rise was exceeded. The pressure in
the batch product-process equipment shall be measured after the gas or
vacuum source is shut off and at the end of the test period. The rate
of change in pressure in the batch product-process equipment shall be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.014
Where:
(P/t) = Change in pressure, pounds per square inch gauge per
hour.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.
(iv) The pressure shall be measured using a pressure measurement
device (gauge, manometer, or equivalent) that has a precision of
2.5 millimeter mercury (0.10 inch of mercury) in the range
of test pressure and is capable of measuring pressures up to the relief
set pressure of the pressure relief device. If such a pressure
measurement device is not reasonably available, the owner or operator
shall use a pressure measurement device with a precision of at least
10 percent of the test pressure of the equipment and shall
extend the duration of the test for the time necessary to detect a
pressure loss or rise that equals a rate of 1 pound per square inch
gauge per hour (7 kilopascals per hour).
(v) An alternative procedure may be used for leak testing the
equipment if the owner or operator demonstrates the alternative
procedure is capable of detecting a pressure loss or rise.
(6) Pressure test procedure using test liquid. The procedures
specified in paragraphs (b)(6)(i) through (b)(6)(iv) of this section
shall be used to pressure-test batch product-process equipment using a
liquid to demonstrate compliance with the requirements of paragraph
(b)(3)(ii) of this section.
(i) The batch product-process equipment train, or section of the
equipment train, shall be filled with the test liquid (e.g., water,
alcohol) until normal operating pressure is obtained. Once the
equipment is filled, the liquid source shall be shut off.
(ii) The test shall be conducted for a period of at least 60
minutes, unless it can be determined in a shorter period of time that
the test is a failure.
(iii) Each seal in the equipment being tested shall be inspected
for indications of liquid dripping or other indications of fluid loss.
If there are any indications of liquids dripping or of fluid loss, a
leak is detected.
(iv) An alternative procedure may be used for leak testing the
equipment, if the owner or operator demonstrates the alternative
procedure is capable of detecting losses of fluid.
(7) Pressure testing recordkeeping. The owner or operator of a
batch product process who elects to pressure test the batch product
process equipment train to demonstrate compliance with this subpart
shall maintain records of the information specified in paragraphs
(b)(7)(i) through (b)(7)(v) of this section.
(i) The identification of each product, or product code, produced
during the calendar year. It is not necessary to identify individual
items of equipment in a batch product process equipment train.
(ii) Physical tagging of the equipment to identify that it is in
regulated material service and subject to the provisions of this
subpart is not required. Equipment in a batch product process subject
to the provisions of this subpart may be identified on a plant site
plan, in log entries, or by other appropriate methods.
(iii) The dates of each pressure test required in paragraph (b) of
this section, the test pressure, and the pressure drop observed during
the test.
(iv) Records of any visible, audible, or olfactory evidence of
fluid loss.
(v) When a batch product process equipment train does not pass two
consecutive pressure tests, the information specified in paragraphs
(b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in
a log and kept for 2 years:
(A) The date of each pressure test and the date of each leak repair
attempt.
(B) Repair methods applied in each attempt to repair the leak.
(C) The reason for the delay of repair.
(D) The expected date for delivery of the replacement equipment and
the actual date of delivery of the replacement equipment; and
(E) The date of successful repair.
(c) Equipment monitoring. The following requirements shall be met
if an owner or operator elects to monitor the equipment in a batch
process to detect leaks by the method specified in Sec. 63.1023(b) and,
as applicable, Sec. 63.1023(c), to demonstrate compliance with this
subpart.
(1) The owner or operator shall comply with the requirements of
Secs. 63.1025 through 63.1035 as modified by paragraphs (c)(2) through
(c)(4) of this section.
(2) The equipment shall be monitored for leaks by the method
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), when
the equipment is in regulated material service or is in use with any
other detectable material.
(3) The equipment shall be monitored for leaks as specified in
paragraphs (c)(3)(i) through (c)(3)(iv) of this section.
(i) Each time the equipment is reconfigured for the production of a
new product, the reconfigured equipment shall be monitored for leaks
within 30 days of start-up of the process. This initial monitoring of
reconfigured equipment shall not be included in determining percent
leaking equipment in the process unit or affected facility.
(ii) Connectors shall be monitored in accordance with the
requirements in Sec. 63.1027.
(iii) Equipment other than connectors shall be monitored at the
frequencies specified in table 1 to this subpart. The operating time
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
(iv) The monitoring frequencies specified in paragraph (c)(3)(iii)
of this section are not requirements for monitoring at specific
intervals and can be adjusted to accommodate process operations. An
owner or operator may monitor anytime during the specified monitoring
period (e.g., month, quarter, year), provided the monitoring is
conducted at a reasonable interval after completion of the last
monitoring campaign. For example, if the equipment is not operating
during the scheduled monitoring period, the monitoring can be done
during the next period when the process is operating.
(4) If a leak is detected, it shall be repaired as soon as
practical but not later than 15 calendar days after it is
[[Page 34916]]
detected, except as provided in paragraph (e) of this section.
(d) Added equipment recordkeeping. (1) For batch product-process
units or affected facilities that the owner or operator elects to
monitor as provided under paragraph (c) of this section, the owner or
operator shall prepare a list of equipment added to batch product
process units or affected facilities since the last monitoring period
required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section.
(2) Maintain records demonstrating the proportion of the time
during the calendar year the equipment is in use in a batch process
that is subject to the provisions of this subpart. Examples of suitable
documentation are records of time in use for individual pieces of
equipment or average time in use for the process unit or affected
facility. These records are not required if the owner or operator does
not adjust monitoring frequency by the time in use, as provided in
paragraph (c)(3)(iii) of this section.
(3) Record and keep pursuant to the referencing subpart and this
subpart, the date and results of the monitoring required in paragraph
(c)(3)(i) of this section for equipment added to a batch product-
process unit or affected facility since the last monitoring period
required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section. If
no leaking equipment is found during this monitoring, the owner or
operator shall record that the inspection was performed. Records of the
actual monitoring results are not required.
(e) Delay of repair. Delay of repair of equipment for which leaks
have been detected is allowed if the replacement equipment is not
available providing the conditions specified in paragraphs (e)(1) and
(e)(2) of this section are met.
(1) Equipment supplies have been depleted and supplies had been
sufficiently stocked before the supplies were depleted.
(2) The repair is made no later than 10 calendar days after
delivery of the replacement equipment.
(f) Periodic report contents. For owners or operators electing to
meet the requirements of paragraph (b) of this section, the Periodic
Report to be filed pursuant to Sec. 63.1039(b) shall include the
information listed in paragraphs (f)(1) through (f)(4) of this section
for each process unit.
(1) Batch product process equipment train identification;
(2) The number of pressure tests conducted;
(3) The number of pressure tests where the equipment train failed
the pressure test; and (4) The facts that explain any delay of repairs.
Sec. 63.1037 Alternative means of emission limitation: Enclosed-vented
process units or affected facilities.
(a) Use of closed vent system and control device. Process units or
affected facilities or portions of process units at affected facilities
enclosed in such a manner that all emissions from equipment leaks are
vented through a closed vent system to a control device or routed to a
fuel gas system or process meeting the requirements of Sec. 63.1034 are
exempt from the requirements of Secs. 63.1025 through 63.1033 and
63.1035. The enclosure shall be maintained under a negative pressure at
all times while the process unit or affected facility is in operation
to ensure that all emissions are routed to a control device.
(b) Recordkeeping. Owners and operators choosing to comply with the
requirements of this section shall maintain the records specified in
paragraphs (b)(1) through (b)(3) of this section.
(1) Identification of the process unit(s) or affected facilities
and the regulated materials they handle.
(2) A schematic of the process unit or affected facility,
enclosure, and closed vent system.
(3) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.
Sec. 63.1038 Recordkeeping requirements.
(a) Recordkeeping system. An owner or operator of more than one
regulated source subject to the provisions of this subpart may comply
with the recordkeeping requirements for these regulated sources in one
recordkeeping system. The recordkeeping system shall identify each
record by regulated source and the type of program being implemented
(e.g., quarterly monitoring, quality improvement) for each type of
equipment. The records required by this subpart are summarized in
paragraphs (b) and (c) of this section.
(b) General equipment leak records. (1) As specified in
Sec. 63.1022(a) and (b), the owner or operator shall keep general and
specific equipment identification if the equipment is not physically
tagged and the owner or operator is electing to identify the equipment
subject to this subpart through written documentation such as a log or
other designation.
(2) The owner or operator shall keep a written plan as specified in
Sec. 63.1022(c)(4) for any equipment that is designated as unsafe- or
difficult-to-monitor.
(3) The owner or operator shall maintain a record of the identity
and an explanation as specified in Sec. 63.1022(d)(2) for any equipment
that is designated as unsafe-to-repair.
(4) As specified in Sec. 63.1022(e), the owner or operator shall
maintain the identity of compressors operating with an instrument
reading of less than 500 parts per million.
(5) The owner or operator shall keep records associated with the
determination that equipment is in heavy liquid service as specified in
Sec. 63.1022(f).
(6) The owner or operator shall keep records for leaking equipment
as specified in Sec. 63.1023(e)(2).
(7) The owner or operator shall keep records for leak repair as
specified in Sec. 63.1024(f) and records for delay of repair as
specified in Sec. 63.1024(d).
(c) Specific equipment leak records. (1) For valves, the owner or
operator shall maintain the records specified in paragraphs (c)(1)(i)
and (c)(1)(ii) of this section.
(i) The monitoring schedule for each process unit as specified in
Sec. 63.1025(b)(3)(vi).
(ii) The valve subgrouping records specified in
Sec. 63.1025(b)(4)(iv), if applicable.
(2) For pumps, the owner or operator shall maintain the records
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
(i) Documentation of pump visual inspections as specified in
Sec. 63.1026(b)(4).
(ii) Documentation of dual mechanical seal pump visual inspections
as specified in Sec. 63.1026(e)(1)(v).
(iii) For the criteria as to the presence and frequency of drips
for dual mechanical seal pumps, records of the design criteria and
explanations and any changes and the reason for the changes, as
specified in Sec. 63.1026(e)(1)(i).
(3) For connectors, the owner or operator shall maintain the
monitoring schedule for each process unit as specified in
Sec. 63.1027(b)(3)(v).
(4) For agitators, the owner or operator shall maintain the
following records:
(i) Documentation of agitator seal visual inspections as specified
in Sec. 63.1028; and
(ii) For the criteria as to the presence and frequency of drips for
agitators, the owner or operator shall keep records of the design
criteria and explanations and any changes and the reason for the
changes, as specified in Sec. 63.1028(e)(1)(vi).
(5) For pressure relief devices in gas and vapor or light liquid
service, the
[[Page 34917]]
owner or operator shall keep records of the dates and results of
monitoring following a pressure release, as specified in
Sec. 63.1030(c)(3).
(6) For compressors, the owner or operator shall maintain the
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this
section.
(i) For criteria as to failure of the seal system and/or the
barrier fluid system, record the design criteria and explanations and
any changes and the reason for the changes, as specified in
Sec. 63.1031(d)(2).
(ii) For compressors operating under the alternative compressor
standard, record the dates and results of each compliance test as
specified in Sec. 63.1031(f)(2).
(7) For a pump QIP program, the owner or operator shall maintain
the records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this
section.
(i) Individual pump records as specified in Sec. 63.1035(d)(2).
(ii) Trial evaluation program documentation as specified in
Sec. 63.1035(d)(6)(iii).
(iii) Engineering evaluation documenting the basis for judgement
that superior emission performance technology is not applicable as
specified in Sec. 63.1035(d)(6)(vi).
(iv) Quality assurance program documentation as specified in
Sec. 63.1035(d)(7).
(v) QIP records as specified in Sec. 63.1035(e).
(8) For process units complying with the batch process unit
alternative, the owner or operator shall maintain the records specified
in paragraphs (c)(8)(i) and (c)(8)(ii) of this section.
(i) Pressure test records as specified in Sec. 63.1036(b)(7).
(ii) Records for equipment added to the process unit as specified
in Sec. 63.1036(d).
(9) For process units complying with the enclosed-vented process
unit alternative, the owner or operator shall maintain the records for
enclosed-vented process units as specified in Sec. 63.1037(b).
Sec. 63.1039 Reporting requirements.
(a) Initial Compliance Status Report. Each owner or operator shall
submit an Initial Compliance Status Report according to the procedures
in the referencing subpart. The notification shall include the
information listed in paragraphs (a)(1) through (a)(3) of this section,
as applicable.
(1) The notification shall provide the information listed in
paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each
process unit or affected facility subject to the requirements of this
subpart.
(i) Process unit or affected facility identification.
(ii) Number of each equipment type (e.g., valves, pumps) excluding
equipment in vacuum service.
(iii) Method of compliance with the standard (e.g., ``monthly leak
detection and repair'' or ``equipped with dual mechanical seals'').
(iv) Planned schedule for requirements in Secs. 63.1025 and
63.1026.
(2) The notification shall provide the information listed in
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process
unit or affected facility subject to the requirements of
Sec. 63.1036(b).
(i) Batch products or product codes subject to the provisions of
this subpart, and
(ii) Planned schedule for pressure testing when equipment is
configured for production of products subject to the provisions of this
subpart.
(3) The notification shall provide the information listed in
paragraphs (a)(3)(i) and (a)(3)(ii) of this section for each process
unit or affected facility subject to the requirements in Sec. 63.1037.
(i) Process unit or affected facility identification.
(ii) A description of the system used to create a negative pressure
in the enclosure and the control device used to comply with the
requirements of Sec. 63.1034 of this part.
(b) Periodic Reports. The owner or operator shall report the
information specified in paragraphs (b)(1) through (b)(8) of this
section, as applicable, in the Periodic Report specified in the
referencing subpart.
(1) For the equipment specified in paragraphs (b)(1)(i) through
(b)(1)(v) of this section, report in a summary format by equipment
type, the number of components for which leaks were detected and for
valves, pumps and connectors show the percent leakers, and the total
number of components monitored. Also include the number of leaking
components that were not repaired as required by Sec. 63.1024, and for
valves and connectors, identify the number of components that are
determined by Sec. 63.1025(c)(3) to be nonrepairable.
(i) Valves in gas and vapor service and in light liquid service
pursuant to Sec. 63.1025(b) and (c).
(ii) Pumps in light liquid service pursuant to Sec. 63.1026(b) and
(c).
(iii) Connectors in gas and vapor service and in light liquid
service pursuant to Sec. 63.1027(b) and (c).
(iv) Agitators in gas and vapor service and in light liquid service
pursuant to Sec. 63.1028(c).
(v) Compressors pursuant to Sec. 63.1031(d).
(2) Where any delay of repair is utilized pursuant to
Sec. 63.1024(d), report that delay of repair has occurred and report
the number of instances of delay of repair.
(3) If applicable, report the valve subgrouping information
specified in Sec. 63.1025(b)(4)(iv).
(4) For pressure relief devices in gas and vapor service pursuant
to Sec. 63.1030(b) and for compressors pursuant to Sec. 63.1031(f) that
are to be operated at a leak detection instrument reading of less than
500 parts per million, report the results of all monitoring to show
compliance conducted within the semiannual reporting period.
(5) Report, if applicable, the initiation of a monthly monitoring
program for valves pursuant to Sec. 63.1025(b)(3)(i).
(6) Report, if applicable, the initiation of a quality improvement
program for pumps pursuant to Sec. 63.1035.
(7) Where the alternative means of emissions limitation for batch
processes is utilized, report the information listed in
Sec. 63.1036(f).
(8) Report the information listed in paragraph (a) of this section
for the Initial Compliance Status Report for process units or affected
facilities with later compliance dates. Report any revisions to items
reported in an earlier Initial Compliance Status Report if the method
of compliance has changed since the last report.
Table 1 to Subpart UU.--Batch Processes Monitoring Frequency For Equipment Other Than Connectors
----------------------------------------------------------------------------------------------------------------
Equivalent continuous process monitoring frequency time in use
Operating time (% of year) ------------------------------------------------------------------------------
Monthly Quarterly Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25%....................... quarterly................="" annually................="" annually.="" 25="" to=""><50%....................... quarterly................="" semiannually............="" annually.="" 50="" to=""><75%....................... bimonthly................="" three="" times.............="" semiannually.="" [[page="" 34918]]="" 75="" to="" 100%.......................="" monthly..................="" quarterly...............="" semiannually.="" ----------------------------------------------------------------------------------------------------------------="" 5.="" part="" 63="" is="" amended="" by="" adding="" subpart="" ww,="" consisting="" of="" secs.="" 63.1060="" through="" 63.1066,="" to="" read="" as="" follows.="" subpart="" ww--national="" emission="" standards="" for="" storage="" vessels="" (tanks)--control="" level="" 2="" sec.="" 63.1060="" applicability.="" 63.1061="" definitions.="" 63.1062="" storage="" vessel="" control="" requirements.="" 63.1063="" floating="" roof="" requirements.="" 63.1064="" alternative="" means="" of="" emission="" limitation.="" 63.1065="" recordkeeping="" requirements.="" 63.1066="" reporting="" requirements.="" subpart="" ww--national="" emission="" standards="" for="" storage="" vessels="" (tanks)--control="" level="" 2="" sec.="" 63.1060="" applicability.="" the="" provisions="" of="" this="" subpart="" apply="" to="" the="" control="" of="" air="" emissions="" from="" storage="" vessels="" for="" which="" another="" subpart="" references="" the="" use="" of="" this="" subpart="" for="" such="" air="" emission="" control.="" these="" air="" emission="" standards="" for="" storage="" vessels="" are="" placed="" here="" for="" administrative="" convenience="" and="" only="" apply="" to="" those="" owners="" and="" operators="" of="" facilities="" subject="" to="" a="" referencing="" subpart.="" the="" provisions="" of="" subpart="" a="" (general="" provisions)="" of="" this="" part="" do="" not="" apply="" to="" this="" subpart="" except="" as="" noted="" in="" the="" referencing="" subpart.="" sec.="" 63.1061="" definitions.="" all="" terms="" used="" in="" this="" subpart="" shall="" have="" the="" meaning="" given="" them="" in="" the="" act="" and="" in="" this="" section.="" capacity="" means="" the="" volume="" of="" liquid="" that="" is="" capable="" of="" being="" stored="" in="" a="" vessel,="" determined="" by="" multiplying="" the="" vessel's="" internal="" cross-="" sectional="" area="" by="" the="" internal="" height="" of="" the="" shell.="" deck="" cover="" means="" a="" device="" which="" covers="" an="" opening="" in="" a="" floating="" roof="" deck.="" some="" deck="" covers="" move="" horizontally="" relative="" to="" the="" deck="" (i.e.,="" a="" sliding="" cover).="" empty="" or="" emptying="" means="" the="" partial="" or="" complete="" removal="" of="" stored="" liquid="" from="" a="" storage="" vessel.="" storage="" vessels="" that="" contain="" liquid="" only="" as="" wall="" or="" bottom="" clingage,="" or="" in="" pools="" due="" to="" bottom="" irregularities,="" are="" considered="" completely="" empty.="" external="" floating="" roof="" or="" efr="" means="" a="" floating="" roof="" located="" in="" a="" storage="" vessel="" without="" a="" fixed="" roof.="" fill="" or="" filling="" means="" the="" introduction="" of="" liquid="" into="" a="" storage="" vessel,="" but="" not="" necessarily="" to="" capacity.="" fixed="" roof="" means="" a="" roof="" that="" is="" mounted="" (i.e.,="" permanently="" affixed)="" on="" a="" storage="" vessel="" and="" that="" does="" not="" move="" with="" fluctuations="" in="" stored="" liquid="" level.="" flexible="" fabric="" sleeve="" seal="" means="" a="" seal="" made="" of="" an="" elastomeric="" fabric="" (or="" other="" material)="" which="" covers="" an="" opening="" in="" a="" floating="" roof="" deck,="" and="" which="" allows="" the="" penetration="" of="" a="" fixed="" roof="" support="" column.="" the="" seal="" is="" attached="" to="" the="" rim="" of="" the="" deck="" opening="" and="" extends="" to="" the="" outer="" surface="" of="" the="" column.="" the="" seal="" is="" draped="" (but="" does="" not="" contact="" the="" stored="" liquid)="" to="" allow="" the="" horizontal="" movement="" of="" the="" deck="" relative="" to="" the="" column.="" floating="" roof="" means="" a="" roof="" that="" floats="" on="" the="" surface="" of="" the="" liquid="" in="" a="" storage="" vessel.="" a="" floating="" roof="" substantially="" covers="" the="" stored="" liquid="" surface="" (but="" is="" not="" necessarily="" in="" contact="" with="" the="" entire="" surface),="" and="" is="" comprised="" of="" a="" deck,="" a="" rim="" seal,="" and="" miscellaneous="" deck="" fittings.="" initial="" fill="" or="" initial="" filling="" means="" the="" first="" introduction="" of="" liquid="" into="" a="" storage="" vessel="" that="" is="" either="" newly="" constructed="" or="" has="" not="" been="" in="" liquid="" service="" for="" a="" year="" or="" longer.="" internal="" floating="" roof="" or="" ifr="" means="" a="" floating="" roof="" located="" in="" a="" storage="" vessel="" with="" a="" fixed="" roof.="" for="" the="" purposes="" of="" this="" subpart,="" an="" external="" floating="" roof="" located="" in="" a="" storage="" vessel="" to="" which="" a="" fixed="" roof="" has="" been="" added="" is="" considered="" to="" be="" an="" internal="" floating="" roof.="" liquid-mounted="" seal="" means="" a="" resilient="" or="" liquid-filled="" rim="" seal="" designed="" to="" contact="" the="" stored="" liquid.="" mechanical="" shoe="" seal="" or="" metallic="" shoe="" seal="" means="" a="" rim="" seal="" consisting="" of="" a="" band="" of="" metal="" (or="" other="" suitable="" material)="" as="" the="" sliding="" contact="" with="" the="" wall="" of="" the="" storage="" vessel,="" and="" a="" fabric="" seal="" to="" close="" the="" annular="" space="" between="" the="" band="" and="" the="" rim="" of="" the="" floating="" roof="" deck.="" the="" band="" is="" typically="" formed="" as="" a="" series="" of="" sheets="" (shoes)="" that="" are="" overlapped="" or="" joined="" together="" to="" form="" a="" ring.="" the="" lower="" end="" of="" the="" band="" extends="" into="" the="" stored="" liquid.="" pole="" float="" means="" a="" float="" located="" inside="" a="" guidepole="" that="" floats="" on="" the="" surface="" of="" the="" stored="" liquid.="" the="" rim="" of="" the="" float="" has="" a="" wiper="" or="" seal="" that="" extends="" to="" the="" inner="" surface="" of="" the="" pole.="" pole="" sleeve="" means="" a="" device="" which="" extends="" from="" either="" the="" cover="" or="" the="" rim="" of="" an="" opening="" in="" a="" floating="" roof="" deck="" to="" the="" outer="" surface="" of="" a="" pole="" that="" passes="" through="" the="" opening.="" the="" sleeve="" extends="" into="" the="" stored="" liquid.="" pole="" wiper="" means="" a="" seal="" that="" extends="" from="" either="" the="" cover="" or="" the="" rim="" of="" an="" opening="" in="" a="" floating="" roof="" deck="" to="" the="" outer="" surface="" of="" a="" pole="" that="" passes="" through="" the="" opening.="" referencing="" subpart="" means="" the="" subpart="" that="" refers="" an="" owner="" or="" operator="" to="" this="" subpart.="" rim="" seal="" means="" a="" device="" attached="" to="" the="" rim="" of="" a="" floating="" roof="" deck="" that="" spans="" the="" annular="" space="" between="" the="" deck="" and="" the="" wall="" of="" the="" storage="" vessel.="" when="" a="" floating="" roof="" has="" only="" one="" such="" device,="" it="" is="" a="" primary="" seal;="" when="" there="" are="" two="" seals="" (one="" mounted="" above="" the="" other),="" the="" lower="" seal="" is="" the="" primary="" seal="" and="" the="" upper="" seal="" is="" the="" secondary="" seal.="" slotted="" guidepole="" means="" a="" guidepole="" or="" gaugepole="" that="" has="" slots="" or="" holes="" through="" the="" wall="" of="" the="" pole.="" the="" slots="" or="" holes="" allow="" the="" stored="" liquid="" to="" flow="" into="" the="" pole="" at="" liquid="" levels="" above="" the="" lowest="" operating="" level.="" storage="" vessel="" or="" tank="" means="" a="" stationary="" unit="" that="" is="" constructed="" primarily="" of="" nonearthen="" materials="" (such="" as="" wood,="" concrete,="" steel,="" fiberglass,="" or="" plastic)="" which="" provide="" structural="" support="" and="" is="" designed="" to="" hold="" an="" accumulation="" of="" liquids="" or="" other="" materials.="" vapor-mounted="" seal="" means="" a="" rim="" seal="" designed="" not="" to="" be="" in="" contact="" with="" the="" stored="" liquid.="" vapor-mounted="" seals="" may="" include,="" but="" are="" not="" limited="" to,="" resilient="" seals="" and="" flexible="" wiper="" seals.="" sec.="" 63.1062="" storage="" vessel="" control="" requirements.="" (a)="" for="" each="" storage="" vessel="" to="" which="" this="" subpart="" applies,="" the="" owner="" or="" operator="" shall="" comply="" with="" one="" of="" the="" requirements="" listed="" in="" paragraphs="" (a)(1)="" through="" (a)(3)="" of="" this="" section.="" (1)="" operate="" and="" maintain="" an="" ifr.="" (2)="" operate="" and="" maintain="" an="" efr.="" (3)="" equivalent="" requirements.="" comply="" with="" an="" equivalent="" to="" the="" requirements="" [[page="" 34919]]="" in="" paragraph="" (a)(1)="" or="" (a)(2)="" of="" this="" section,="" as="" provided="" in="" sec.="" 63.1064.="" (b)="" [reserved]="" sec.="" 63.1063="" floating="" roof="" requirements.="" the="" owner="" or="" operator="" who="" elects="" to="" use="" a="" floating="" roof="" to="" comply="" with="" the="" requirements="" of="" sec.="" 63.1062="" shall="" comply="" with="" the="" requirements="" in="" paragraphs="" (a)="" through="" (e)="" of="" this="" section.="" (a)="" design="" requirements.="" (1)="" rim="" seals.="" (i)="" internal="" floating="" roof.="" an="" ifr="" shall="" be="" equipped="" with="" one="" of="" the="" seal="" configurations="" listed="" in="" paragraphs="" (a)(1)(i)(a)="" through="" (a)(1)(i)(c)="" of="" this="" section.="" (a)="" a="" liquid-mounted="" seal.="" (b)="" a="" mechanical="" shoe="" seal.="" (c)="" two="" seals="" mounted="" one="" above="" the="" other.="" the="" lower="" seal="" may="" be="" vapor-mounted.="" (d)="" if="" the="" ifr="" is="" equipped="" with="" a="" vapor-mounted="" seal="" as="" of="" the="" proposal="" date="" for="" a="" referencing="" subpart,="" paragraphs="" (a)(1)(i)(a)="" through="" (a)(1)(i)(c)="" of="" this="" section="" do="" not="" apply="" until="" the="" next="" time="" the="" storage="" vessel="" is="" completely="" emptied="" and="" degassed,="" or="" 10="" years="" after="" promulgation="" of="" the="" referencing="" subpart,="" whichever="" occurs="" first.="" (ii)="" external="" floating="" roof.="" an="" efr="" shall="" be="" equipped="" with="" one="" of="" the="" seal="" configurations="" listed="" in="" paragraphs="" (a)(1)(ii)(a)="" and="" (a)(1)(ii)(b)="" of="" this="" section.="" (a)="" a="" liquid-mounted="" seal="" and="" a="" secondary="" seal.="" (b)="" a="" mechanical="" shoe="" seal="" and="" a="" secondary="" seal.="" the="" upper="" end="" of="" the="" shoe(s)="" shall="" extend="" a="" minimum="" of="" 61="" centimeters="" (24="" inches)="" above="" the="" stored="" liquid="" surface.="" (c)="" if="" the="" efr="" is="" equipped="" with="" a="" liquid-mounted="" seal="" or="" mechanical="" shoe="" seal,="" or="" a="" vapor-mounted="" seal="" and="" secondary="" seal,="" as="" of="" the="" proposal="" date="" for="" a="" referencing="" subpart,="" the="" seal="" options="" specified="" in="" paragraphs="" (a)(1)(ii)(a)="" and="" (a)(1)(ii)(b)="" of="" this="" section="" do="" not="" apply="" until="" the="" next="" time="" the="" storage="" vessel="" is="" completely="" emptied="" and="" degassed,="" or="" 10="" years="" after="" the="" promulgation="" date="" of="" the="" referencing="" subpart,="" whichever="" occurs="" first.="" (2)="" deck="" fittings.="" openings="" through="" the="" deck="" of="" the="" floating="" roof="" shall="" be="" equipped="" as="" described="" in="" paragraphs="" (a)(2)(i)="" through="" (a)(2)(viii)="" of="" this="" section.="" (i)="" each="" opening="" except="" those="" for="" automatic="" bleeder="" vents="" (vacuum="" breaker="" vents)="" and="" rim="" space="" vents="" shall="" have="" its="" lower="" edge="" below="" the="" surface="" of="" the="" stored="" liquid.="" (ii)="" each="" opening="" except="" those="" for="" automatic="" bleeder="" vents="" (vacuum="" breaker="" vents),="" rim="" space="" vents,="" leg="" sleeves,="" and="" deck="" drains="" shall="" be="" equipped="" with="" a="" deck="" cover.="" the="" deck="" cover="" shall="" be="" equipped="" with="" a="" gasket="" between="" the="" cover="" and="" the="" deck.="" (iii)="" each="" automatic="" bleeder="" vent="" (vacuum="" breaker="" vent)="" and="" rim="" space="" vent="" shall="" be="" equipped="" with="" a="" gasketed="" lid,="" pallet,="" flapper,="" or="" other="" closure="" device.="" (iv)="" each="" opening="" for="" a="" fixed="" roof="" support="" column="" may="" be="" equipped="" with="" a="" flexible="" fabric="" sleeve="" seal="" instead="" of="" a="" deck="" cover.="" (v)="" each="" opening="" for="" a="" sample="" well="" or="" deck="" drain="" (that="" empties="" into="" the="" stored="" liquid)="" may="" be="" equipped="" with="" a="" slit="" fabric="" seal="" or="" similar="" device="" that="" covers="" at="" least="" 90="" percent="" of="" the="" opening,="" instead="" of="" a="" deck="" cover.="" (vi)="" each="" cover="" on="" access="" hatches="" and="" gauge="" float="" wells="" shall="" be="" designed="" to="" be="" bolted="" or="" fastened="" when="" closed.="" (vii)="" each="" opening="" for="" an="" unslotted="" guidepole="" shall="" be="" equipped="" with="" a="" pole="" wiper,="" and="" each="" unslotted="" guidepole="" shall="" be="" equipped="" with="" a="" gasketed="" cap="" on="" the="" top="" of="" the="" guidepole.="" (viii)="" each="" opening="" for="" a="" slotted="" guidepole="" shall="" be="" equipped="" with="" one="" of="" the="" control="" device="" configurations="" specified="" in="" paragraphs="" (a)(2)(viii)(a)="" and="" (a)(2)(viii)(b)="" of="" this="" section.="" (a)="" a="" pole="" wiper="" and="" a="" pole="" float.="" the="" wiper="" or="" seal="" of="" the="" pole="" float="" shall="" be="" at="" or="" above="" the="" height="" of="" the="" pole="" wiper.="" (b)="" a="" pole="" wiper="" and="" a="" pole="" sleeve.="" (ix)="" if="" the="" floating="" roof="" does="" not="" meet="" the="" requirements="" listed="" in="" paragraphs="" (a)(2)(i)="" through="" (a)(2)(viii)="" of="" this="" section="" as="" of="" the="" proposal="" date="" of="" the="" referencing="" subpart,="" these="" requirements="" do="" not="" apply="" until="" the="" next="" time="" the="" vessel="" is="" completely="" emptied="" and="" degassed,="" or="" 10="" years="" after="" the="" promulgation="" date="" of="" the="" referencing="" subpart,="" whichever="" occurs="" first.="" (b)="" operational="" requirements.="" (1)="" the="" floating="" roof="" shall="" float="" on="" the="" stored="" liquid="" surface="" at="" all="" times,="" except="" when="" the="" floating="" roof="" is="" supported="" by="" its="" leg="" supports="" or="" other="" support="" devices="" (e.g.,="" hangers="" from="" the="" fixed="" roof).="" (2)="" when="" the="" storage="" vessel="" is="" storing="" liquid,="" but="" the="" liquid="" depth="" is="" insufficient="" to="" float="" the="" floating="" roof,="" the="" process="" of="" filling="" to="" the="" point="" of="" refloating="" the="" floating="" roof="" shall="" be="" continuous="" and="" shall="" be="" performed="" as="" soon="" as="" practical.="" (3)="" each="" cover="" over="" an="" opening="" in="" the="" floating="" roof,="" except="" for="" automatic="" bleeder="" vents="" (vacuum="" breaker="" vents)="" and="" rim="" space="" vents,="" shall="" be="" closed="" at="" all="" times,="" except="" when="" the="" cover="" must="" be="" open="" for="" access.="" (4)="" each="" automatic="" bleeder="" vent="" (vacuum="" breaker="" vent)="" and="" rim="" space="" vent="" shall="" be="" closed="" at="" all="" times,="" except="" when="" required="" to="" be="" open="" to="" relieve="" excess="" pressure="" or="" vacuum,="" in="" accordance="" with="" the="" manufacturer's="" design.="" (5)="" each="" unslotted="" guidepole="" cap="" shall="" be="" closed="" at="" all="" times="" except="" when="" gauging="" the="" liquid="" level="" or="" taking="" liquid="" samples.="" (c)="" inspection="" frequency="" requirements.="" (1)="" internal="" floating="" roofs.="" internal="" floating="" roofs="" shall="" be="" inspected="" as="" specified="" in="" paragraph="" (d)(1)="" of="" this="" section="" before="" the="" initial="" filling="" of="" the="" storage="" vessel.="" subsequent="" inspections="" shall="" be="" performed="" as="" specified="" in="" paragraph="" (c)(1)(i)="" or="" (c)(1)(ii)="" of="" this="" section.="" (i)="" internal="" floating="" roofs="" shall="" be="" inspected="" as="" specified="" in="" paragraphs="" (c)(1)(i)(a)="" and="" (c)(1)(i)(b)="" of="" this="" section.="" (a)="" at="" least="" once="" per="" year="" the="" ifr="" shall="" be="" inspected="" as="" specified="" in="" paragraph="" (d)(2)="" of="" this="" section.="" (b)="" each="" time="" the="" storage="" vessel="" is="" completely="" emptied="" and="" degassed,="" or="" every="" 10="" years,="" whichever="" occurs="" first,="" the="" ifr="" shall="" be="" inspected="" as="" specified="" in="" paragraph="" (d)(1)="" of="" this="" section.="" (ii)="" instead="" of="" the="" inspection="" frequency="" specified="" in="" paragraph="" (c)(1)(i)="" of="" this="" section,="" internal="" floating="" roofs="" with="" two="" rim="" seals="" may="" be="" inspected="" as="" specified="" in="" paragraph="" (d)(1)="" of="" this="" section="" each="" time="" the="" storage="" vessel="" is="" completely="" emptied="" and="" degassed,="" or="" every="" 5="" years,="" whichever="" occurs="" first.="" (2)="" external="" floating="" roofs.="" external="" floating="" roofs="" shall="" be="" inspected="" as="" specified="" in="" paragraphs="" (c)(2)(i)="" through="" (c)(2)(iv)="" of="" this="" section.="" (i)="" within="" 90="" days="" after="" the="" initial="" filling="" of="" the="" storage="" vessel,="" the="" primary="" and="" secondary="" rim="" seals="" shall="" be="" inspected="" as="" specified="" in="" paragraph="" (d)(3)="" of="" this="" section.="" (ii)="" the="" secondary="" seal="" shall="" be="" inspected="" at="" least="" once="" every="" year,="" and="" the="" primary="" seal="" shall="" be="" inspected="" at="" least="" every="" 5="" years,="" as="" specified="" in="" paragraph="" (d)(3)="" of="" this="" section.="" (iii)="" each="" time="" the="" storage="" vessel="" is="" completely="" emptied="" and="" degassed,="" or="" every="" 10="" years,="" whichever="" occurs="" first,="" the="" efr="" shall="" be="" inspected="" as="" specified="" in="" paragraph="" (d)(1)="" of="" this="" section.="" (iv)="" if="" the="" owner="" or="" operator="" determines="" that="" it="" is="" unsafe="" to="" perform="" the="" floating="" roof="" inspections="" specified="" in="" paragraphs="" (c)(2)(i)="" and="" (c)(2)(ii)="" of="" this="" section,="" the="" owner="" or="" operator="" shall="" comply="" with="" the="" requirements="" of="" paragraph="" (c)(2)(iv)(a)="" or="" (c)(2)(iv)(b)="" of="" this="" section.="" (a)="" the="" inspections="" shall="" be="" performed="" no="" later="" than="" 30="" days="" after="" the="" determination="" that="" the="" floating="" roof="" is="" unsafe.="" (b)="" the="" storage="" vessel="" shall="" be="" removed="" from="" liquid="" service="" no="" later="" [[page="" 34920]]="" than="" 45="" days="" after="" determining="" the="" floating="" roof="" is="" unsafe.="" if="" the="" vessel="" cannot="" be="" emptied="" within="" 45="" days,="" the="" owner="" or="" operator="" may="" utilize="" up="" to="" two="" extensions="" of="" up="" to="" 30="" additional="" days="" each.="" if="" the="" vessel="" cannot="" be="" emptied="" within="" 45="" days,="" the="" owner="" or="" operator="" may="" utilize="" up="" to="" two="" extensions="" of="" up="" to="" 30="" additional="" days="" each.="" documentation="" of="" a="" decision="" to="" use="" an="" extension="" shall="" include="" an="" explanation="" of="" why="" it="" was="" unsafe="" to="" perform="" the="" inspection,="" documentation="" that="" alternative="" storage="" capacity="" is="" unavailable,="" and="" a="" schedule="" of="" actions="" that="" will="" ensure="" that="" the="" vessel="" will="" be="" emptied="" as="" soon="" as="" practical.="" (d)="" inspection="" procedure="" requirements.="" floating="" roof="" inspections="" shall="" be="" conducted="" as="" specified="" in="" paragraphs="" (d)(1)="" through="" (d)(3)="" of="" this="" section,="" as="" applicable.="" if="" a="" floating="" roof="" fails="" an="" inspection,="" the="" owner="" or="" operator="" shall="" comply="" with="" the="" repair="" requirements="" of="" paragraph="" (e)="" of="" this="" section.="" (1)="" floating="" roof="" (ifr="" and="" efr)="" inspections="" shall="" be="" conducted="" by="" visually="" inspecting="" the="" floating="" roof="" deck,="" deck="" fittings,="" and="" rim="" seals="" from="" within="" the="" storage="" vessel.="" the="" inspection="" may="" be="" performed="" entirely="" from="" the="" top="" side="" of="" the="" floating="" roof,="" as="" long="" as="" there="" is="" visual="" access="" to="" all="" deck="" components="" specified="" in="" paragraph="" (a)="" of="" this="" section.="" any="" of="" the="" conditions="" described="" in="" paragraphs="" (d)(1)(i)="" through="" (d)(1)(v)="" of="" this="" section="" constitutes="" inspection="" failure.="" (i)="" stored="" liquid="" on="" the="" floating="" roof.="" (ii)="" holes="" or="" tears="" in="" the="" primary="" or="" secondary="" seal="" (if="" one="" is="" present).="" (iii)="" floating="" roof="" deck,="" deck="" fittings,="" or="" rim="" seals="" that="" are="" not="" functioning="" as="" designed="" (as="" specified="" in="" paragraph="" (a)="" of="" this="" section).="" (iv)="" failure="" to="" comply="" with="" the="" operational="" requirements="" of="" paragraph="" (b)="" of="" this="" section.="" (v)="" gaps="" of="" more="" than="" 0.32="" centimeters="" (\1/8\="" inch)="" between="" any="" deck="" fitting="" gasket,="" seal,="" or="" wiper="" (required="" by="" paragraph="" (a)="" of="" this="" section)="" and="" any="" surface="" that="" it="" is="" intended="" to="" seal.="" (2)="" tank-top="" inspections="" of="" ifr's="" shall="" be="" conducted="" by="" visually="" inspecting="" the="" floating="" roof="" deck,="" deck="" fittings,="" and="" rim="" seal="" through="" openings="" in="" the="" fixed="" roof.="" any="" of="" the="" conditions="" described="" in="" paragraphs="" (d)(1)(i)="" through="" (d)(1)(iv)="" of="" this="" section="" constitutes="" inspection="" failure.="" identification="" of="" holes="" or="" tears="" in="" the="" rim="" seal="" is="" required="" only="" for="" the="" seal="" that="" is="" visible="" from="" the="" top="" of="" the="" storage="" vessel.="" (3)="" seal="" gap="" inspections="" for="" efr's="" shall="" determine="" the="" presence="" and="" size="" of="" gaps="" between="" the="" rim="" seals="" and="" the="" wall="" of="" the="" storage="" vessel="" by="" the="" procedures="" specified="" in="" paragraph="" (d)(3)(i)="" of="" this="" section.="" any="" exceedance="" of="" the="" gap="" requirements="" specified="" in="" paragraphs="" (d)(3)(ii)="" and="" (d)(3)(iii)="" of="" this="" section="" constitutes="" inspection="" failure.="" (i)="" rim="" seals="" shall="" be="" measured="" for="" gaps="" at="" one="" or="" more="" levels="" while="" the="" efr="" is="" floating,="" as="" specified="" in="" paragraphs="" (d)(3)(i)(a)="" through="" (d)(3)(i)(f)="" of="" this="" section.="" (a)="" the="" inspector="" shall="" hold="" a="" 0.32="" centimeter="" (\1/8\="" inch)="" diameter="" probe="" vertically="" against="" the="" inside="" of="" the="" storage="" vessel="" wall,="" just="" above="" the="" rim="" seal,="" and="" attempt="" to="" slide="" the="" probe="" down="" between="" the="" seal="" and="" the="" vessel="" wall.="" each="" location="" where="" the="" probe="" passes="" freely="" (without="" forcing="" or="" binding="" against="" the="" seal)="" between="" the="" seal="" and="" the="" vessel="" wall="" constitutes="" a="" gap.="" (b)="" the="" length="" of="" each="" gap="" shall="" be="" determined="" by="" inserting="" the="" probe="" into="" the="" gap="" (vertically)="" and="" sliding="" the="" probe="" along="" the="" vessel="" wall="" in="" each="" direction="" as="" far="" as="" it="" will="" travel="" freely="" without="" binding="" between="" the="" seal="" and="" the="" vessel="" wall.="" the="" circumferential="" length="" along="" which="" the="" probe="" can="" move="" freely="" is="" the="" gap="" length.="" (c)="" the="" maximum="" width="" of="" each="" gap="" shall="" be="" determined="" by="" inserting="" probes="" of="" various="" diameters="" between="" the="" seal="" and="" the="" vessel="" wall.="" the="" smallest="" probe="" diameter="" should="" be="" 0.32="" centimeter,="" and="" larger="" probes="" should="" have="" diameters="" in="" increments="" of="" 0.32="" centimeter.="" the="" diameter="" of="" the="" largest="" probe="" that="" can="" be="" inserted="" freely="" anywhere="" along="" the="" length="" of="" the="" gap="" is="" the="" maximum="" gap="" width.="" (d)="" the="" average="" width="" of="" each="" gap="" shall="" be="" determined="" by="" averaging="" the="" minimum="" gap="" width="" (0.32="" centimeter)="" and="" the="" maximum="" gap="" width.="" (e)="" the="" area="" of="" a="" gap="" is="" the="" product="" of="" the="" gap="" length="" and="" average="" gap="" width.="" (f)="" the="" ratio="" of="" accumulated="" area="" of="" rim="" seal="" gaps="" to="" storage="" vessel="" diameter="" shall="" be="" determined="" by="" adding="" the="" area="" of="" each="" gap,="" and="" dividing="" the="" sum="" by="" the="" nominal="" diameter="" of="" the="" storage="" vessel.="" this="" ratio="" shall="" be="" determined="" separately="" for="" primary="" and="" secondary="" rim="" seals.="" (ii)="" the="" ratio="" of="" seal="" gap="" area="" to="" vessel="" diameter="" for="" the="" primary="" seal="" shall="" not="" exceed="" 212="" square="" centimeters="" per="" meter="" of="" vessel="" diameter="" (10="" square="" inches="" per="" foot="" of="" vessel="" diameter),="" and="" the="" maximum="" gap="" width="" shall="" not="" exceed="" 3.81="" centimeters="" (1.5="" inches).="" (iii)="" the="" ratio="" of="" seal="" gap="" area="" to="" vessel="" diameter="" for="" the="" secondary="" seal="" shall="" not="" exceed="" 21.2="" square="" centimeters="" per="" meter="" (1="" square="" inch="" per="" foot),="" and="" the="" maximum="" gap="" width="" shall="" not="" exceed="" 1.27="" centimeters="" (0.5="" inches),="" except="" when="" the="" secondary="" seal="" must="" be="" pulled="" back="" or="" removed="" to="" inspect="" the="" primary="" seal.="" (e)="" repair="" requirements.="" conditions="" causing="" inspection="" failures="" under="" paragraph="" (d)="" of="" this="" section="" shall="" be="" repaired="" as="" specified="" in="" paragraph="" (e)(1)="" or="" (e)(2)="" of="" this="" section.="" (1)="" if="" the="" inspection="" is="" performed="" while="" the="" storage="" vessel="" is="" not="" storing="" liquid,="" repairs="" shall="" be="" completed="" before="" the="" refilling="" of="" the="" storage="" vessel="" with="" liquid.="" (2)="" if="" the="" inspection="" is="" performed="" while="" the="" storage="" vessel="" is="" storing="" liquid,="" repairs="" shall="" be="" completed="" or="" the="" vessel="" removed="" from="" service="" within="" 45="" days.="" if="" a="" repair="" cannot="" be="" completed="" and="" the="" vessel="" cannot="" be="" emptied="" within="" 45="" days,="" the="" owner="" or="" operator="" may="" use="" up="" to="" 2="" extensions="" of="" up="" to="" 30="" additional="" days="" each.="" documentation="" of="" a="" decision="" to="" use="" an="" extension="" shall="" include="" a="" description="" of="" the="" failure,="" shall="" document="" that="" alternate="" storage="" capacity="" is="" unavailable,="" and="" shall="" specify="" a="" schedule="" of="" actions="" that="" will="" ensure="" that="" the="" control="" equipment="" will="" be="" repaired="" or="" the="" vessel="" will="" be="" completely="" emptied="" as="" soon="" as="" practical.="" sec.="" 63.1064="" alternative="" means="" of="" emission="" limitation.="" (a)="" an="" alternate="" control="" device="" may="" be="" substituted="" for="" a="" control="" device="" specified="" in="" sec.="" 63.1063="" if="" the="" alternate="" device="" has="" an="" emission="" factor="" less="" than="" or="" equal="" to="" the="" emission="" factor="" for="" the="" device="" specified="" in="" sec.="" 63.1063.="" requests="" for="" the="" use="" of="" alternate="" devices="" shall="" be="" made="" as="" specified="" in="" sec.="" 63.1066(b)(3).="" emission="" factors="" for="" the="" devices="" specified="" in="" sec.="" 63.1063="" are="" published="" in="" epa="" report="" no.="" ap-42,="" compilation="" of="" air="" pollutant="" emission="" factors.="" (b)="" tests="" to="" determine="" emission="" factors="" for="" an="" alternate="" device="" shall="" accurately="" simulate="" conditions="" under="" which="" the="" device="" will="" operate,="" such="" as="" wind,="" temperature,="" and="" barometric="" pressure.="" test="" methods="" that="" can="" be="" used="" to="" perform="" the="" testing="" required="" in="" this="" paragraph="" include,="" but="" are="" not="" limited="" to,="" the="" methods="" listed="" in="" paragraphs="" (b)(1)="" through="" (b)(3)="" of="" this="" section.="" (1)="" american="" petroleum="" institute="" (api)="" manual="" of="" petroleum="" measurement="" standards,="" chapter="" 19,="" section="" 3,="" part="" a,="" wind="" tunnel="" test="" method="" for="" the="" measurement="" of="" deck-fitting="" loss="" factors="" for="" external="" floating-roof="" tanks.="" (2)="" api="" manual="" of="" petroleum="" measurement="" standards,="" chapter="" 19,="" section="" 3,="" part="" b,="" air="" concentration="" test="" method="" for="" the="" measurement="" of="" rim="" seal="" loss="" factors="" for="" floating-roof="" tanks.="" (3)="" api="" manual="" of="" petroleum="" measurement="" standards,="" chapter="" 19,="" [[page="" 34921]]="" section="" 3,="" part="" e,="" weight="" loss="" test="" method="" for="" the="" measurement="" of="" deck-="" fitting="" loss="" factors="" for="" internal="" floating-roof="" tanks.="" (c)="" an="" alternate="" combination="" of="" control="" devices="" may="" be="" substituted="" for="" any="" combination="" of="" rim="" seal="" and="" deck="" fitting="" control="" devices="" specified="" in="" sec.="" 63.1063="" if="" the="" alternate="" combination="" emits="" no="" more="" than="" the="" combination="" specified="" in="" sec.="" 63.1063.="" the="" emissions="" from="" an="" alternate="" combination="" of="" control="" devices="" shall="" be="" determined="" using="" ap-="" 42="" or="" as="" specified="" in="" paragraph="" (b)="" of="" this="" section.="" the="" emissions="" from="" a="" combination="" of="" control="" devices="" specified="" in="" sec.="" 63.1063="" shall="" be="" determined="" using="" ap-42.="" requests="" for="" the="" use="" of="" alternate="" devices="" shall="" be="" made="" as="" specified="" in="" sec.="" 63.1066(b)(3).="" sec.="" 63.1065="" recordkeeping="" requirements.="" the="" owner="" or="" operator="" shall="" keep="" the="" records="" required="" in="" paragraph="" (a)="" of="" this="" section="" for="" as="" long="" as="" liquid="" is="" stored.="" records="" required="" in="" paragraphs="" (b),="" (c)="" and="" (d)="" of="" this="" section="" shall="" be="" kept="" for="" at="" least="" 5="" years.="" records="" shall="" be="" kept="" in="" such="" a="" manner="" that="" they="" can="" be="" readily="" accessed="" within="" 24="" hours.="" records="" may="" be="" kept="" in="" hard="" copy="" or="" computer-readable="" form="" including,="" but="" not="" limited="" to,="" on="" paper,="" microfilm,="" computer,="" floppy="" disk,="" magnetic="" tape,="" or="" microfiche.="" (a)="" vessel="" dimensions="" and="" capacity.="" a="" record="" shall="" be="" kept="" of="" the="" dimensions="" of="" the="" storage="" vessel,="" an="" analysis="" of="" the="" capacity="" of="" the="" storage="" vessel,="" and="" an="" identification="" of="" the="" liquid="" stored.="" (b)="" inspection="" results.="" records="" of="" floating="" roof="" inspection="" results="" shall="" be="" kept="" as="" specified="" in="" paragraphs="" (b)(1)="" and="" (b)(2)="" of="" this="" section.="" (1)="" if="" the="" floating="" roof="" passes="" inspection,="" a="" record="" shall="" be="" kept="" that="" includes="" the="" information="" specified="" in="" paragraphs="" (b)(1)(i)="" and="" (b)(1)(ii)="" of="" this="" section.="" if="" the="" floating="" roof="" fails="" inspection,="" a="" record="" shall="" be="" kept="" that="" includes="" the="" information="" specified="" in="" paragraphs="" (b)(1)(i)="" through="" (b)(1)(v)="" of="" this="" section.="" (i)="" identification="" of="" the="" storage="" vessel="" that="" was="" inspected.="" (ii)="" the="" date="" of="" the="" inspection.="" (iii)="" a="" description="" of="" all="" inspection="" failures.="" (iv)="" a="" description="" of="" all="" repairs="" and="" the="" dates="" they="" were="" made.="" (v)="" the="" date="" the="" storage="" vessel="" was="" removed="" from="" service,="" if="" applicable.="" (2)="" a="" record="" shall="" be="" kept="" of="" efr="" seal="" gap="" measurements,="" including="" the="" raw="" data="" obtained="" and="" any="" calculations="" performed.="" (c)="" floating="" roof="" landings.="" the="" owner="" or="" operator="" shall="" keep="" a="" record="" of="" the="" date="" when="" a="" floating="" roof="" is="" set="" on="" its="" legs="" or="" other="" support="" devices.="" the="" owner="" or="" operator="" shall="" also="" keep="" a="" record="" of="" the="" date="" when="" the="" roof="" was="" refloated,="" and="" the="" record="" shall="" indicate="" whether="" the="" process="" of="" refloating="" was="" continuous.="" (d)="" an="" owner="" or="" operator="" who="" elects="" to="" use="" an="" extension="" in="" accordance="" with="" sec.="" 63.1063(e)(2)="" or="" sec.="" 63.1063(c)(2)(iv)(b)="" shall="" keep="" the="" documentation="" required="" by="" those="" paragraphs.="" sec.="" 63.1066="" reporting="" requirements.="" (a)="" notification="" of="" initial="" startup.="" if="" the="" referencing="" subpart="" requires="" that="" a="" notification="" of="" initial="" startup="" be="" filed,="" then="" the="" content="" of="" the="" notification="" of="" initial="" startup="" shall="" include="" (at="" a="" minimum)="" the="" information="" specified="" in="" the="" referencing="" subpart="" and="" the="" information="" specified="" in="" paragraphs="" (a)(1)="" and="" (a)(2)="" of="" this="" section.="" (1)="" the="" identification="" of="" each="" storage="" vessel,="" its="" capacity="" and="" the="" liquid="" stored="" in="" the="" storage="" vessel.="" (2)="" a="" statement="" of="" whether="" the="" owner="" or="" operator="" of="" the="" source="" can="" achieve="" compliance="" by="" the="" compliance="" date="" specified="" in="" referencing="" subpart.="" (b)="" periodic="" reports.="" report="" the="" information="" specified="" in="" paragraphs="" (b)(1)="" through="" (b)(4)="" of="" this="" section,="" as="" applicable,="" in="" the="" periodic="" report="" specified="" in="" the="" referencing="" subpart.="" (1)="" notification="" of="" inspection.="" to="" provide="" the="" administrator="" the="" opportunity="" to="" have="" an="" observer="" present,="" the="" owner="" or="" operator="" shall="" notify="" the="" administrator="" at="" least="" 30="" days="" before="" an="" inspection="" required="" by="" secs.="" 63.1063(d)(1)="" or="" (d)(3).="" if="" an="" inspection="" is="" unplanned="" and="" the="" owner="" or="" operator="" could="" not="" have="" known="" about="" the="" inspection="" 30="" days="" in="" advance,="" then="" the="" owner="" or="" operator="" shall="" notify="" the="" administrator="" at="" least="" 7="" days="" before="" the="" inspection.="" notification="" shall="" be="" made="" by="" telephone="" immediately="" followed="" by="" written="" documentation="" demonstrating="" why="" the="" inspection="" was="" unplanned.="" alternatively,="" the="" notification="" including="" the="" written="" documentation="" may="" be="" made="" in="" writing="" and="" sent="" so="" that="" it="" is="" received="" by="" the="" administrator="" at="" least="" 7="" days="" before="" the="" inspection.="" if="" a="" delegated="" state="" or="" local="" agency="" is="" notified,="" the="" owner="" or="" operator="" is="" not="" required="" to="" notify="" the="" administrator.="" a="" delegated="" state="" or="" local="" agency="" may="" waive="" the="" requirement="" for="" notification="" of="" inspections.="" (2)="" inspection="" results.="" the="" owner="" or="" operator="" shall="" submit="" a="" copy="" of="" the="" inspection="" record="" (required="" in="" sec.="" 63.1065)="" when="" inspection="" failures="" occur.="" (3)="" requests="" for="" alternate="" devices.="" the="" owner="" or="" operator="" requesting="" the="" use="" of="" an="" alternate="" control="" device="" shall="" submit="" a="" written="" application="" including="" emissions="" test="" results="" and="" an="" analysis="" demonstrating="" that="" the="" alternate="" device="" has="" an="" emission="" factor="" that="" is="" less="" than="" or="" equal="" to="" the="" device="" specified="" in="" sec.="" 63.1063.="" (4)="" requests="" for="" extensions.="" an="" owner="" or="" operator="" who="" elects="" to="" use="" an="" extension="" in="" accordance="" with="" sec.="" 63.1063(e)(2)="" or="" sec.="" 63.1063(c)(2)(iv)(b)="" shall="" submit="" the="" documentation="" required="" by="" those="" paragraphs.="" 6.="" part="" 63="" is="" amended="" by="" adding="" subpart="" yy,="" consisting="" of="" secs.="" 63.1100="" through="" 63.1113,="" to="" read="" as="" follows.="" subpart="" yy--national="" emission="" standards="" for="" hazardous="" air="" pollutants="" for="" source="" categories:="" generic="" maximum="" achievable="" control="" technology="" standards="" sec.="" 63.1100="" applicability.="" 63.1101="" definitions.="" 63.1102="" compliance="" schedule.="" 63.1103="" source="" category-specific="" applicability,="" definitions,="" and="" requirements.="" 63.1104="" process="" vents="" from="" continuous="" unit="" operations:="" applicability="" assessment="" procedures="" and="" methods.="" 63.1105="" [reserved]="" 63.1106="" [reserved]="" 63.1107="" equipment="" leaks:="" applicability="" assessment="" procedures="" and="" methods.="" 63.1108="" compliance="" with="" standards="" and="" operation="" and="" maintenance="" requirements.="" 63.1109="" recordkeeping="" requirements.="" 63.1110="" reporting="" requirements.="" 63.1111="" startup,="" shutdown,="" and="" malfunction.="" 63.1112="" extension="" of="" compliance,="" and="" performance="" test,="" monitoring,="" recordkeeping,="" and="" reporting="" waivers="" and="" alternatives.="" 63.1113="" procedures="" for="" approval="" of="" alternative="" means="" of="" emission="" limitation.="" subpart="" yy--national="" emission="" standards="" for="" hazardous="" air="" pollutants="" for="" source="" categories:="" generic="" maximum="" achievable="" control="" technology="" standards="" sec.="" 63.1100="" applicability.="" (a)="" general.="" this="" subpart="" applies="" to="" source="" categories="" and="" affected="" sources="" specified="" in="" sec.="" 63.1103(a)="" through="" (d)="" of="" this="" subpart.="" the="" affected="" emission="" points,="" by="" source="" category,="" are="" summarized="" in="" table="" 1="" of="" this="" section.="" this="" table="" also="" delineates="" the="" section="" and="" paragraph="" of="" the="" rule="" that="" directs="" an="" owner="" or="" operator="" of="" an="" affected="" source="" to="" source="" category-specific="" control,="" monitoring,="" recordkeeping,="" and="" reporting="" requirements.="" [[page="" 34922]]="" table="" 1="" to="" sec.="" 63.1100(a).--source="" category="" mact="">a Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wastewater Source category
Source category Storage vessels Process vents Transfer racks Equipment leaks streams Other MACT requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetal Resins Production...... Yes............ Yes............ No............. Yes............ Yes............ No............. Sec. 63.1103(a)
Acrylic and Modacrylic Fibers Yes............ Yes............ No............. Yes............ Yes............ Yes b.......... Sec. 63.1103(b)
Production.
Hydrogen Fluoride Production.. Yes............ Yes............ Yes............ Yes............ No............. No............. Sec. 63.1103(c)
Polycarbonate Production...... Yes............ Yes............ No............. Yes............ Yes............ No............. Sec. 63.1103(d)
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a Maximum achievable control technology.
b Fiber spinning lines using spinning solution or suspension containing acrylonitrile.
(b) Subpart A requirements. The following provisions of subpart A
of this part (General Provisions), Secs. 63.1 through 63.5, and
Secs. 63.12 through 63.15, apply to owners or operators of affected
sources subject to this subpart.
(c) Research and development facilities. The provisions of this
subpart do not apply to research and development facilities, consistent
with section 112(b)(7) of the Act.
(d) Primary product determination and applicability. The primary
product of a process unit shall be determined according to the
procedures specified in paragraphs (d)(1) and (2) of this section.
Paragraphs (d(3), (4), and (5) of this section discuss compliance for
those process units operated as flexible operation units.
(1) If a process unit only manufactures one product, then that
product shall represent the primary product of the process unit.
(2) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraphs (d)(2)(i) or (ii) of this section based on the anticipated
operations for the 5 years following the promulgation date for existing
affected sources and for the first 5 years after initial startup for
new affected sources.
(i) If the flexible operation unit will manufacture one product for
the greatest percentage of operating time over the five-year period,
then that product shall represent the primary product of the flexible
operation unit.
(ii) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest production on a mass basis over the five-year period shall
represent the primary product of the flexible operation unit.
(3) Once the primary product of a process unit has been determined
to be a product produced by a source category subject to this subpart,
the owner or operator of the affected source shall comply with the
standards for the primary product production process unit.
(4) The determination of the primary product for a process unit,
including the assessment of applicability of this subpart to process
units that are designed and operated as flexible operation units, shall
be reported in the Notification of Compliance Status Report required by
Sec. 63.1110(a)(4) when the primary product is determined to be a
product produced by a source category subject to requirements under
this subpart. The Notification of Compliance Status shall include the
information specified in either paragraph (d)(4)(i) or (ii) of this
section. If the primary product is determined to be something other
than a product produced by a source category subject to requirements
under this subpart, the owner or operator shall retain information,
data, and analyses used to document the basis for the determination
that the primary product is not produced by a source category subject
to requirements under this subpart.
(i) If the process unit manufactures only one product subject to
requirements under this subpart, the identity of that product.
(ii) If the process unit is designed and operated as a flexible
operation unit, the information specified in paragraphs (d)(4)(ii)(A)
through (C) of this section, as appropriate.
(A) The identity of the primary product.
(B) Information concerning operating time and/or production mass
for each product that was used to make the determination of the primary
product under paragraph (d)(2)(i) or (ii) of this section.
(5) When a flexible operation unit that is subject to this subpart
is producing a product other than a product subject to this subpart, or
is producing a product subject to this subpart that is not the primary
product, the owner or operator shall comply with either paragraph
(d)(5) (i) or (ii) of this section for each emission point.
(i) The owner or operator shall control emissions during the
production of all products in accordance with the requirements for the
production of the primary product. As appropriate, the owner or
operator shall demonstrate that the parameter monitoring level
established for the primary product is also appropriate for those
periods when products other than the primary product are being
produced. Documentation of this demonstration shall be submitted in the
Notification of Compliance Status report required by
Sec. 63.1110(a)(4).
(ii) The owner or operator shall determine, for the production of
each product, whether control is required in accordance with the
applicable criteria for the primary product in Sec. 63.1103. If control
is required, the owner or operator shall establish separate parameter
monitoring levels, as appropriate, for the production of each product.
The parameter monitoring levels developed shall be submitted in the
Notification of Compliance Status report required by
Sec. 63.1110(a)(4).
(e) Storage vessel ownership determination. To determine the
process unit to which a storage vessel shall belong, the owner or
operator shall sequentially follow the procedures specified in
paragraphs (e)(1) through (8) of this section, stopping as soon as the
determination is made.
(1) If a storage vessel is already subject to another subpart of
this part on the date of promulgation for an affected source under the
generic MACT, that storage vessel shall belong to the process unit
subject to the other subpart.
(2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall belong to that process unit.
(3) If a storage vessel is shared among process units, then the
storage vessel shall belong to that process unit located on the same
plant site as the storage vessel that has the greatest input into or
output from the storage vessel (i.e., the process unit has the
predominant use of the storage vessel.)
(4) If predominant use cannot be determined for a storage vessel
that is shared among process units and if only one of those process
units is subject to this subpart, the storage vessel shall belong to
that process unit.
(5) If predominant use cannot be determined for a storage vessel
that is shared among process units and if more than one of the process
units are subject to standards under this subpart that
[[Page 34923]]
have different primary products, then the owner or operator shall
assign the storage vessel to any one of the process units sharing the
storage vessel.
(6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding the date of promulgation of
standards for an affected source under this subpart or based on the
expected utilization for the 5 years following the promulgation date of
standards for an affected source under this subpart for existing
affected sources, whichever is more representative of the expected
operations for that storage vessel, and based on the expected
utilization for the 5 years after initial startup for new affected
sources. The determination of predominant use shall be reported in the
Notification of Compliance Status Report required by
Sec. 63.1110(a)(4). If the predominant use changes, the redetermination
of predominant use shall be reported in the next Periodic Report.
(7) If the storage vessel begins receiving material from (or
sending material to) another process unit; ceases to receive material
from (or send material to) a process unit; or if the applicability of
this subpart to a storage vessel has been determined according to the
provisions of paragraphs (e)(1) through (6) of this section and there
is a significant change in the use of the storage vessel that could
reasonably change the predominant use, the owner or operator shall
reevaluate the applicability of this subpart to the storage vessel.
(8) Where a storage vessel is located at a major source that
includes one or more process units that place material into, or receive
materials from, the storage vessel, but the storage vessel is located
in a tank farm, the applicability of this subpart shall be determined
according to the provisions in paragraphs (e)(8)(i) through (iii) of
this section.
(i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw material, as appropriate). With respect
to any process unit, an intervening storage vessel means a storage
vessel connected by hard-piping to the process unit and to the storage
vessel in the tank farm so that product or raw material entering or
leaving the process unit flows into (or from) the intervening storage
vessel and does not flow directly into (or from) the storage vessel in
the tank farm.
(ii) If there is only one process unit at a major source that meets
the criteria of paragraph (e)(8)(i) of this section with respect to a
storage vessel, the storage vessel shall be assigned to that process
unit.
(iii) If there are two or more process units at the major source
that meet the criteria of paragraph (e)(8)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
one of those process units according to the provisions of paragraph
(e)(6) of this section. The predominant use shall be determined among
only those process units that meet the criteria of paragraph (e)(8)(i)
of this section.
(f) Recovery operation equipment ownership determination. To
determine the process unit to which recovery equipment shall belong,
the owner or operator shall sequentially follow the procedures
specified in paragraphs (f)(1) through (7) of this section, stopping as
soon as the determination is made.
(1) If recovery operation equipment is already subject to another
subpart of this part on the date standards are promulgated for an
affected source, that recovery operation equipment shall belong to the
process unit subject to the other subpart.
(2) If recovery operation equipment is used exclusively by a single
process unit, the recovery operation shall belong to that process unit.
(3) If recovery operation equipment is shared among process units,
then the recovery operation equipment shall belong to that process unit
that has the greatest input into or output from the recovery operation
equipment (i.e., that process unit has the predominant use of the
recovery operation equipment).
(4) If predominant use cannot be determined for recovery operation
equipment that is shared among process units and if one of those
process units is a process unit subject to this subpart, the recovery
operation equipment shall belong to the process unit subject to this
subpart.
(5) If predominant use cannot be determined for recovery operation
equipment that is shared among process units and if more than one of
the process units are process units that have different primary
products and that are subject to this subpart, then the owner or
operator shall assign the recovery operation equipment to any one of
those process units.
(6) If the predominant use of recovery operation equipment varies
from year to year, then the predominant use shall be determined based
on the utilization that occurred during the year preceding the
promulgation date of standards for an affected source under this
subpart or based on the expected utilization for the 5 years following
the promulgation date for standards for an affected source under this
subpart for existing affected sources, whichever is the more
representative of the expected operations for the recovery operations
equipment, and based on the expected utilization for the first 5 years
after initial startup for new affected sources. This determination
shall be reported in the Notification of Compliance Status Report
required by Sec. 63.1110(a)(4). If the predominant use changes, the
redetermination of predominant use shall be reported in the next
Periodic Report.
(7) If there is an unexpected change in the utilization of recovery
operation equipment that could reasonably change the predominant use,
the owner or operator shall redetermine to which process unit the
recovery operation belongs by reperforming the procedures specified in
paragraphs (f)(2) through (6) of this section.
(g) Overlap with other regulations. Paragraphs (g)(1) through (4)
of this section specify the applicability of subpart YY emission point
requirements when other rules may apply. Where subpart YY of this part
allows an owner or operator an option to comply with one or another
regulation to comply with subpart YY of this part, an owner or operator
must report which regulation they choose to comply with in the
Notification of Compliance Status report required by
Sec. 63.1110(a)(4).
(1) Overlap of subpart YY with other regulations for storage
vessels. (i) After the compliance dates specified in Sec. 63.1102 for
an affected source subject to this subpart, a storage vessel that is
part of an existing source that is subject to the storage vessel
requirements of this subpart and the storage vessel requirements of
subpart G (the hazardous organic national emission standards for
hazardous air pollutants (the HON)) of this part is in compliance with
the requirements of this subpart if it complies with either such
requirement and has notified the Administrator in the Notification of
Compliance Status report required by Sec. 63.1110(a)(4).
(ii) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, a storage vessel that is part
of an existing source that is subject to the storage vessel
requirements of this subpart and to the storage vessel requirements of
subpart Ka or Kb of part 60 is required only to comply with the storage
vessel requirements of this subpart.
(2) Overlap of subpart YY with other regulations for process vents.
After the
[[Page 34924]]
compliance dates specified in Sec. 63.1102 for an affected source
subject to this subpart, a process vent that is part of an existing
source that is subject to the process vent requirements of this subpart
and to the process vent requirements of subpart G (the HON) of this
part is in compliance with this subpart if it complies with either such
requirement and has notified the Administrator in the Notification of
Compliance Status report required by Sec. 63.1110(a)(4).
(3) Overlap of subpart YY with other regulations for transfer
racks. After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, a transfer rack that is part
of an existing source that is subject to the transfer rack requirements
of this subpart and to the transfer rack requirements of subpart G (the
HON) of this part is in compliance with this subpart if it complies
with either such requirement and has notified the Administrator in the
Notification of Compliance Status report required by
Sec. 63.1110(a)(4).
(4) Overlap of subpart YY with other regulations for equipment
leaks. (i) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, equipment that is part of an
existing source that is subject to the equipment leak control
requirements of subpart TT (National Emission Standards for Equipment
Leaks--Control Level 1) pursuant to this subpart and to the equipment
leak control requirements of subpart VV of part 60 or subpart V of part
61 is required only to comply with the equipment leak requirements of
this subpart.
(ii) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, equipment that is part of an
existing source that is subject to the equipment leak control
requirements of subpart UU (National Emission Standards for Equipment
Leaks--Control Level 2) of this part pursuant to this subpart and to
the equipment leak control requirements of subpart H (the HON) or
subpart I of this part is in compliance with the equipment leak control
requirements of this subpart if it complies with either such
requirement and has notified the Administrator in the Notification of
Compliance Status report required by Sec. 63.1110(a)(4).
Sec. 63.1101 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act, in 40 CFR 63.2 (General Provisions), and in this section.
Batch cycle refers to manufacturing a product from start to finish
in a batch unit operation.
Batch emission episode means a discrete venting episode that may be
associated with a single unit operation. A unit operation may have more
than one batch emission episode per batch cycle. For example, a
displacement of vapor resulting from the charging of a vessel with
organic HAP will result in a discrete emission episode. If the vessel
is then heated, there may also be another discrete emission episode
resulting from the expulsion of expanded vapor. Both emission episodes
may occur during the same batch cycle in the same vessel or unit
operation. There are possibly other emission episodes that may occur
from the vessel or other process equipment, depending on process
operations.
Batch unit operation means a unit operation involving intermittent
or discontinuous feed into equipment and, in general, involves the
emptying of equipment after the batch cycle ceases and prior to
beginning a new batch cycle. Mass, temperature, concentration and other
properties of the process may vary with time. Addition of raw material
and withdrawal of product do not simultaneously occur in a batch unit
operation.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
By compound means by individual stream components, not carbon
equivalents.
Capacity means the volume of liquid that is capable of being stored
in a storage vessel, determined by multiplying the vessel's internal
cross-sectional area by the internal height of the shell.
Closed vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device. A closed vent system does not
include the vapor collection system that is part of any tank truck or
railcar or the loading arm or hose that is used for vapor return. For
transfer racks, the closed vent system begins at, and includes, the
first block valve on the downstream side of the loading arm or hose
used to convey displaced vapors.
Combined vent stream means a combination of emission streams from
continuous and/or batch unit operations.
Compliance equipment means monitoring equipment used by an owner or
operator of an affected source under this subpart to demonstrate
compliance with an operation or emission limit standard.
Continuous parameter monitoring system or CPMS means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, and that is used to sample,
condition (if applicable), analyze, and provide a record of process or
control system parameters.
Continuous unit operation means a unit operation where the inputs
and outputs flow continuously. Continuous unit operations typically
approach steady-state conditions. Continuous unit operations typically
involve the simultaneous addition of raw material and withdrawal of the
product.
Control device means, with the exceptions noted below, a combustion
device, recovery device, recapture device, or any combination of these
devices used to comply with this subpart or a referencing subpart. For
process vents from continuous unit operations at affected sources in
source categories where the applicability criteria includes a TRE index
value, recovery devices are not considered to be control devices.
Primary condensers on steam strippers or fuel gas systems are not
considered to be control devices.
Day means a calendar day.
Distillate receiver means overhead receivers, overhead
accumulators, reflux drums, and condenser(s) including ejector
condenser(s) associated with a distillation unit.
Distillation unit means a device or vessel in which one or more
feed streams are separated into two or more exit streams, each exit
stream having component concentrations different from those in the feed
stream(s). The separation is achieved by the redistribution of the
components between the liquid and the vapor phases by vaporization and
condensation as they approach equilibrium within the distillation unit.
Distillation unit includes the distillate receiver, reboiler, and any
associated vacuum pump or steam jet.
Emission point means an individual process vent, storage vessel,
transfer rack, wastewater stream, kiln, fiber spinning line, equipment
leak, or other point where a gaseous stream is released.
Equipment means each of the following that is subject to control
under this subpart: pump, compressor, agitator, pressure relief device,
sampling collection system, open-ended valve or line, valve, connector,
instrumentation system, and surge control vessel and
[[Page 34925]]
bottoms in organic hazardous air pollutant service as defined in
Sec. 63.1103 for the applicable chemical manufacturing production unit;
and any control device or system used to comply with this subpart.
Equivalent method means any method of sampling and analysis for an
air pollutant that has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method, under specified conditions.
Excess emissions means emissions in excess of those that would have
occurred if there were no start-up, shutdown, or malfunction and the
owner or operator complied with the relevant provisions of this
subpart.
Final recovery device means the last recovery device on a process
vent stream from a continuous unit operation at an affected source in a
source category where the applicability criteria includes a TRE index
value. The final recovery device usually discharges to a combustion
device, recapture device, or directly to the atmosphere.
Flexible operation unit means a process unit that manufactures
different chemical products periodically by alternating raw materials
or operating conditions.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as a fuel gas in combustion
devices or in-process combustion equipment, such as furnaces and gas
turbines, either singly or in combination.
Halogens and hydrogen halides means hydrogen chloride (HCl),
chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and hydrogen
fluoride (HF).
Impurity means a substance that is produced coincidentally with the
primary product, or is present in a raw material. An impurity does not
serve a useful purpose in the production or use of the primary product
and is not isolated.
Initial startup means, for new sources, the first time the source
begins production. For additions or changes not defined as a new source
by this subpart, initial startup means the first time additional or
changed equipment is put into operation. Initial startup does not
include operation solely for testing equipment. Initial startup does
not include subsequent startup (as defined in this section) of process
units following malfunctions or process unit shutdowns. Except for
equipment leaks, initial startup also does not include subsequent
startups (as defined in this section) of process units following
changes in product for flexible operation units or following recharging
of equipment in batch unit operations.
Low throughput transfer rack means a transfer rack that transfers
less than a total of 11.8 million liters per year of liquid containing
regulated HAP.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused in part by poor maintenance or careless
operation are not malfunctions.
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total organic HAP in the stored or transferred liquid at
the temperature equal to the highest calendar-month average of the
liquid storage or transfer temperature for liquids stored or
transferred above or below the ambient temperature or at the local
maximum monthly average temperature as reported by the National Weather
Service for liquids stored or transferred at the ambient temperature,
as determined:
(1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporation Loss From External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 63.14 of
subpart A of this part); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-83 (incorporated by reference as specified in Sec. 63.14
of subpart A of this part); or
(4) Any other method approved by the Administrator.
On-site means, with respect to records required to be maintained by
this subpart, a location within a plant site that encompasses the
affected source. On-site includes, but is not limited to, the affected
source to which the records pertain, or central files elsewhere at the
plant site.
Organic hazardous air pollutant or organic HAP means any organic
chemicals that are also HAP.
Permitting authority means one of the following:
(1) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to carry
out a permit program under part 70 of this chapter; or
(2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this
chapter.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Process condenser means a condenser whose primary purpose is to
recover material as an integral part of a process. The condenser must
support a vapor-to-liquid phase change for periods of source equipment
operation that are above the boiling or bubble point of substance(s).
Examples of process condensers include distillation condensers, reflux
condensers, process condensers in line prior to the vacuum source, and
process condensers used in stripping or flashing operations.
Process unit means the equipment assembled and connected by pipes
or ducts to process raw and/or intermediate materials and to
manufacture an intended product. A process unit includes more than one
unit operation. A process unit includes, but is not limited to, process
vents, storage vessels, and equipment.
Process unit shutdown means a work practice or operational
procedure that stops production from a process unit, or part of a
process unit during which practice or procedure it is technically
feasible to clear process material from the process unit, or part of
the process unit, consistent with safety constraints and during which
repairs can be effected. The following are not considered process unit
shutdowns:
(1) An unscheduled work practice or operational procedure that
stops production from a process unit, or part of a process unit, for
less than 24 hours.
(2) An unscheduled work practice or operational procedure that
would stop production from a process unit, or part of a process unit,
for a shorter period of time than would be required to clear the
process unit, or part of the process unit, of materials and start up
the unit and result in greater emissions than delay of repair of
leaking components until the next scheduled process unit shutdown.
(3) The use of spare equipment and technically feasible bypassing
of equipment without stopping production.
Process vent means a piece of equipment that processes a gas stream
(both batch and continuous streams) during operation of the unit within
a manufacturing process unit that meets
[[Page 34926]]
the applicability criteria of this subpart. Process vents process gas
streams that are either discharged directly to the atmosphere or are
discharged to the atmosphere after diversion through a product recovery
device. Process vents include vents from distillate receivers, product
separators, and ejector-condensers. Process vents exclude relief valve
discharges and leaks from equipment regulated under this subpart.
Process vents that process gas streams containing less than or equal to
0.005 weight-percent organic HAP are not subject to the process vent
requirements of this subpart.
Product means a compound or chemical which is manufactured as the
intended product of the applicable production process unit as defined
in Sec. 63.1103. By-products, isolated intermediates, impurities,
wastes, and trace contaminants are not considered products.
Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are
not limited to, absorbers, carbon adsorbers, and condensers. For
purposes of the monitoring, recordkeeping, and reporting requirements
of this subpart, recapture devices are considered recovery devices.
Recovery device means an individual unit of equipment capable of
and normally used for the purpose of recovering chemicals for fuel
value (i.e., net positive heating value), use, reuse, or for sale for
fuel value. Examples of equipment that may be recovery devices include
absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For purposes of the
monitoring, recordkeeping, and reporting requirements of this subpart,
recapture devices are considered recovery devices.
Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and is not engaged
in the manufacture of products for commercial sale, except in a de
minimis manner.
Shutdown means the cessation of operation of a regulated source and
equipment required or used to comply with this subpart, or the emptying
and degassing of a storage vessel. Shutdown is defined here for
purposes of including, but not limited to, periodic maintenance,
replacement of equipment, or repair. Shutdown does not include the
routine rinsing or washing of equipment in batch operation between
batches.
Startup means the setting into operation of a regulated source and/
or equipment required or used to comply with this subpart. Startup
includes initial startup, operation solely for testing equipment, the
recharging of equipment in batch operation, and transitional conditions
due to changes in product for flexible operation units.
Storage vessel or Tank, for the purposes of this subpart, means a
stationary unit that is constructed primarily of nonearthen materials
(such as wood, concrete, steel, fiberglass, or plastic) that provide
structural support and is designed to hold an accumulation of liquids
or other materials. Storage vessel does not include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Bottoms receiver tanks;
(3) Surge control vessels; or
(4) Vessels storing wastewater.
Subsequent startup means any setting into operation of a regulated
source and/or equipment required or used to comply with this subpart
following the initial startup.
Surge control vessel means a feed drum, recycle drum, or
intermediate vessel. Surge control vessels are used within a process
unit (as defined in this subpart) when in-process storage, mixing, or
management of flow rates or volumes is needed to assist in production
of a product.
Total organic compounds or TOC means those compounds, excluding
methane and ethane, measured according to the procedures of Method 18
or Method 25A of appendix A of part 60.
Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction of organic HAP associated with a process vent stream, based
on vent stream flow rate, emission rate of organic HAP, net heating
value, and corrosion properties (whether or not the vent stream
contains halogenated compounds), as quantified by the equations given
under Sec. 63.1104(e).
Transfer rack means a single system used to fill bulk cargo tanks
mounted on or in a truck or railcar. A transfer rack includes all
loading arms, pumps, meters, shutoff valves, relief valves, and other
piping and equipment necessary for the transfer operation. Transfer
equipment and operations that are physically separate (i.e., do not
share common piping, valves, and other equipment) are considered to be
separate transfer racks.
Unit operation means distinct equipment used in processing, among
other things, to prepare reactants, facilitate reactions, separate and
purify products, and recycle materials. Equipment used for these
purposes includes, but is not limited to, reactors, distillation
columns, extraction columns, absorbers, decanters, dryers, condensers,
and filtration equipment.
Vapor balancing system means a piping system that is designed to
collect organic HAP vapors displaced from tank trucks or railcars
during loading; and to route the collected organic HAP vapors to the
storage vessel from which the liquid being loaded originated, or to
compress collected organic HAP vapors and commingle with the raw feed
of a production process unit.
Sec. 63.1102 Compliance schedule.
(a) General requirements. Affected sources, as defined in
Sec. 63.1103(a)(1)(i) for acetyl resins production;
Sec. 63.1103(b)(1)(i) for acrylic and modacrylic fiber production;
Sec. 63.1103(c)(1)(i) for hydrogen fluoride production; or
Sec. 63.1103(d)(1)(i) for polycarbonate production, shall comply with
the appropriate provisions of this subpart and the subparts referenced
by this subpart according to the schedule described in paragraph (a)(1)
or (2) of this section, as appropriate.
(1) Compliance dates for new and reconstructed sources. (i) The
owner or operator of a new or reconstructed affected source for which
construction or reconstruction commences after October 14, 1998 that
has an initial startup before the effective date of standards for an
acetal resins, acrylic and modacrylic fiber, hydrogen fluoride, or
polycarbonate production affected source under this subpart shall
comply with this subpart no later than the effective date of standards
for the affected source.
(ii) The owner or operator of a new or reconstructed acetal resins,
acrylic and modacrylic fiber, hydrogen fluoride, or polycarbonate
production affected source that has an initial startup after the
effective date of standards for the affected source shall comply with
this subpart upon startup of the source.
(iii) The owner or operator of an acetal resins, acrylic and
modacrylic fiber, hydrogen fluoride, or polycarbonate production
affected source for which construction or reconstruction is commenced
after October 14, 1998 but before the effective date of standards for
the affected source
[[Page 34927]]
under this subpart shall comply with this subpart no later than July 1,
2002 if:
(A) The promulgated standard is more stringent than the proposed
standard; and
(B) The owner or operator complies with this subpart as proposed
during the 3-year period immediately after the effective date of
standards for an acetal resins, acrylic and modacrylic fiber, hydrogen
fluoride, or polycarbonate production affected source.
(2) Compliance dates for existing sources. (i) The owner or
operator of an existing acetal resins, acrylic and modacrylic fiber,
hydrogen fluoride, or polycarbonate production affected source shall
comply with the requirements of this subpart within 3 years after the
effective date of standards for the affected source.
(ii) The owner or operator of an acetal resins, acrylic and
modacrylic fiber, hydrogen fluoride, or polycarbonate production
nonmajor source that increases its emissions of (or its potential to
emit) hazardous air pollutants such that the source becomes a major
source shall be subject to the relevant standards for existing sources
under this subpart. Such sources shall comply with the relevant
standard within 3 years of becoming a major source.
Sec. 63.1103 Source category-specific applicability, definitions, and
requirements.
(a) Acetal resins production applicability, definitions, and
requirements. (1) Applicability. (i) Affected source. For the acetal
resins production source category (as defined in paragraph (a)(2) of
this section), the affected source shall comprise all emission points,
in combination, listed in paragraphs (a)(1)(i)(A) through (D) of this
section, that are associated with an acetal resins production process
unit located at a major source, as defined in section 112(a) of the
Clean Air Act (Act).
(A) All storage vessels that store liquids containing organic HAP.
(B) All process vents from continuous unit operations (front end
process vents and back end process vents).
(C) All wastewater streams associated with the acetal resins
production process unit as defined in (a)(2) of this section.
(D) Equipment (as defined in Sec. 63.1101 of this subpart) that
contains or contacts organic HAP.
(ii) Compliance schedule. The compliance schedule for affected
sources as defined in paragraph (a)(1)(i) of this section is specified
in Sec. 63.1102(a).
(2) Definitions.
Acetal resins production means the production of homopolymers and/
or copolymers of alternating oxymethylene units. Acetal resins are also
known as polyoxymethylenes, polyacetals, and aldehyde resins. Acetal
resins are generally produced by polymerizing formaldehyde (HCHO) with
the methylene functional group (CH2) and are characterized
by repeating oxymethylene units (CH2O) in the polymer
backbone.
Back end process vent means any process vent from a continuous unit
operation that is not a front end process vent up to the final
separation of raw materials and by-products from the stabilized
polymer.
Front end process vent means any process vent from a continuous
unit operation involved in the purification of formaldehyde feedstock
for use in the acetal homopolymer process. All front end process vents
are restricted to those vents that occur prior to the polymer reactor.
(3) Requirements. Table 1 of this section specifies the acetal
resins production standards applicability for existing and new sources.
Applicability assessment procedures and methods are specified in
Secs. 63.1104 through 63.1107. An owner or operator of an affected
source is not required to perform tests, TRE calculations or other
applicability assessment procedures if they opt to comply with the most
stringent requirements for an applicable emission point pursuant to
this subpart. General compliance, recordkeeping, and reporting
requirements are specified in Secs. 63.1108 through 63.1112. Procedures
for approval of alternative means of emission limitations are specified
in Sec. 63.1113. The owner or operator must control organic HAP
emissions from each affected source emission point by meeting the
applicable requirements specified in table 1 of this section.
Table 1. To Sec. 63.1103(a)--What Are My Requirements If I Own Or
Operate An Acetal Resins Production Existing Or New Affected Source?
------------------------------------------------------------------------
If you own or operate. . . And if. . . Then you must. . .
------------------------------------------------------------------------
1. A storage vessel with: 34 The maximum true a. Reduce emissions
cubic meters < capacity.="" vapor="" pressure="" of="" of="" total="" organic="" organic="" hap=""> 17.1 HAP by 95 weight-
kilopascals (for percent by venting
existing sources) emissions through a
or > 11.7 closed vent system
kilopascals (for to any combination
new sources). of control devices
meeting the
requirements of
subpart SS
(national emission
standards for
closed vent
systems, control
devices, recovery
devices, and
routing to a fuel
gas system or a
process), as
specified in Sec.
63.982(a)(1)
(storage vessel
requirements) of
this part; or
b. Comply with the
requirements of
subpart WW
(national emission
standards for
storage vessels
(control level 2))
of this part.
2. A front end process vent .................... a. Reduce emissions
from continuous unit of total organic
operations. HAP by using a
flare meeting the
requirements of
subpart SS of this
part; or
b. Reduce emissions
of total organic
HAP by 60 weight-
percent, or reduce
TOC to a
concentration of 20
parts per million
by volume,
whichever is less
stringent, by
venting emissions
through a closed
vent system to any
combination of
control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(2)
(process vent
requirements) of
this part.
[[Page 34928]]
3. A back end process vent The vent stream has a. Reduce emissions
from continuous unit a a TREa < 1.0.="" of="" total="" organic="" operations.="" hap="" by="" using="" a="" flare="" meeting="" the="" requirements="" of="" subpart="" ss="" of="" this="" part;="" or="" b.="" reduce="" emissions="" of="" total="" organic="" hap="" by="" 98="" weight-="" percent,="" or="" reduce="" toc="" to="" a="" concentration="" of="" 20="" parts="" per="" million="" by="" volume,="" whichever="" is="" less="" stringent,="" by="" venting="" emissions="" through="" a="" closed="" vent="" system="" to="" any="" combination="" of="" control="" devices="" meeting="" the="" requirements="" of="" subpart="" ss,="" as="" specified="" in="" sec.="" 63.982(a)(2)="" (process="" vent="" requirements)="" of="" this="" part;="" or="" c.="" achieve="" and="" maintain="" a="" tre="" index="" value="" greater="" than="" 1.0.="" 4.="" a="" back="" end="" process="" vent="" 1.0=""> TREa Monitor and keep
from continuous unit 4.0. records of
operations. equipment operating
parameters
specified to be
monitored under
subpart SS, Secs.
63.990(c)(absorber,
condenser, and
carbon adsorber
monitoring) or
63.995(c) (other
noncombustion
systems used as a
control device
monitoring) of this
part.
5. Equipment as defined The equipment Comply with the
under Sec. 63.1101. contains or requirements of
contacts 10 weight- (national emission
percent organic standards for
HAPb, and operates equipment leaks
300 (control level 1))
hours per year. or subpart UU
(national emission
standards for
equipment leaks
(control level 2))
of this part.
------------------------------------------------------------------------
a The TRE is determined according to the procedures specified in Sec.
63.1104(j).
b The weight-percent organic HAP is determined for equipment according
to procedures specified in Sec. 63.1107.
(b) Acrylic and modacrylic fiber production applicability,
definitions, and requirements. (1) Applicability. (i) Affected source.
For the acrylic fibers and modacrylic fibers production (as defined in
paragraph (b)(2) of this section) source category, the affected source
shall comprise all emission points, in combination, listed in
paragraphs (b)(1)(i)(A) through (E) of this section, that are
associated with a suspension or solution polymerization process unit
that produces acrylic and modacrylic fiber located at a major source as
defined in section 112(a) of the Act.
(A) All storage vessels that store liquid containing acrylonitrile
or organic HAP.
(B) All process vents from continuous unit operations.
(C) All wastewater streams associated with the acrylic and
modacrylic fibers production process unit as defined in (b)(2) of this
section.
(D) Equipment (as defined in Sec. 63.1101 of this subpart) that
contains or contacts acrylonitrile or organic HAP.
(E) All acrylic and modacrylic fiber spinning lines using a
spinning solution or suspension having organic acrylonitrile or organic
HAP. For the purposes of implementing this paragraph, a spinning line
includes the spinning solution filters, spin bath, and the equipment
used downstream of the spin bath to wash, dry, or draw the spun fiber.
(ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (b)(1)(i) of this section, is specified
in Sec. 63.1102(a).
(2) Definitions.
Acrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 85 percent by weight of acrylonitrile units.
Acrylic and modacrylic fibers production means the production of
either of the following synthetic fibers composed of acrylonitrile
units:
(i) Acrylic fiber.
(ii) Modacrylic fiber.
Acrylonitrile solution polymerization means a process where
acrylonitrile and comonomers are dissolved in a solvent to form a
polymer solution (typically polyacrylonitrile). The polyacrylonitrile
is soluble in the solvent. In contrast to suspension polymerization,
the resulting reactor polymer solution (spin dope) is filtered and
pumped directly to the fiber spinning process.
Acrylonitrile suspension polymerization means a polymerization
process where small drops of acrylonitrile and comonomers are suspended
in water in the presence of a catalyst where they polymerize under
agitation. Solid beads of polymer are formed in this suspension
reaction which are subsequently filtered, washed, refiltered, and
dried. The beads must be subsequently redissolved in a solvent to
create a spin dope prior to introduction to the fiber spinning process.
Fiber spinning line means the group of equipment and process vents
associated with acrylic or modacrylic fiber spinning operations. The
fiber spinning line includes (as applicable to the type of spinning
process used) the blending and dissolving tanks, spinning solution
filters, wet spinning units, spin bath tanks, and the equipment used
downstream of the spin bath to wash, dry, or draw the spun fiber.
Modacrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 35 percent by weight of acrylonitrile units but less than 85
percent by weight of acrylonitrile units.
Spin dope means the liquid mixture of polymer and solvent that is
fed to the spinneret to form the acrylic and modacrylic fibers.
(3) Requirements. An owner or operator of an affected source must
comply with the requirements of paragraph (b)(3)(i) or (ii) of this
section.
(i) Table 2 of this section specifies the acrylic and modacrylic
fiber production
[[Page 34929]]
source category control requirement applicability for both existing and
new sources. Applicability assessment procedures and methods are
specified in Secs. 63.1104 through 63.1107. An owner or operator of an
affected source is not required to perform tests, or other
applicability assessment procedures if they opt to comply with the most
stringent requirements for an applicable emission point pursuant to
this subpart. General compliance, recordkeeping, and reporting
requirements are specified in Secs. 63.1108 through 63.1112. Procedures
for approval of alternative means of emission limitations are specified
in Sec. 63.1113. The owner or operator must control organic HAP
emissions from each affected source emission point by meeting the
applicable requirements specified in table 2 of this section.
Table 2.--To Sec. 63.1103(b)(3)(i)--What Are My Requirements If I Own
Or Operate An Acrylic And Modacrylic Fiber Production Existing Or New
Affected Source And Am Complying With Paragraph (b)(3)(i) Of This
Section?
------------------------------------------------------------------------
If you own or operate... And if... Then you must...
------------------------------------------------------------------------
1. A storage vessel......... The stored material a. Reduce emissions
is acrylonitrile. of acrylonitrile by
98 weight-percent
by venting
emissions through a
closed vent system
to any combination
of control device
meeting the
requirements of
subpart SS
(national emission
standards for
closed vent
systems, control
devices, recovery
devices, and
routing to a fuel
gas system or a
process), as
specified in Sec.
63.982(a)(1)
(storage vessel
requirements) of
this part, or 95
weight-percent or
greater by venting
through a closed
vent system to a
recovery device
meeting the
requirements of
subpart SS
(national emission
standards for
closed vent
systems, control
devices, recovery
devices, and
routing to a fuel
gas system or a
process), Sec.
63.993 (recovery
device
requirements) of
this part; or
b. Comply with the
requirements of
subpart WW
(national emission
standards for
storage vessels
(control level 2))
of this part.
2. A process vent from The vent steam has a a. Reduce emissions
continuous unit operations mass emission rate of acrylonitrile or
(halogenated). of halogen atoms TOC as specified
contained in for nonhalogenated
organic compounds process vents from
0.45 continuous unit
kilograms per hour operations (other
a and an than by using a
acrylonitrile flare) by venting
concentration 50 parts per closed vent system
million by volume b to a halogen
and an average flow reduction device
rate 0.005 cubic requirements of
meters per minute. subpart SS, Sec.
63.994 (halogen
reduction devices
requirements) of
this part that
reduces hydrogen
halides and
halogens by 99
weight-percent or
to less than 0.45
kilograms per year,
whichever is less
stringent; or
b. Reduce the
process vent
halogen atom mass
emission rate to
less than 0.45
kilograms per hour
by venting
emissions through a
closed vent system
to a halogen
reduction device
meeting the
requirements of
subpart SS, Sec.
63.994 (halogen
reduction devices
requirements) of
this part and then
complying with the
requirements
specified for
process vents from
continuous unit
operations
(nonhalogenated).
3. A process vent from The vent steam has a a. Reduce emissions
continuous unit operations mass emission rate of acrylonitrile by
(nonhalogenated). of halogen atoms using a flare
contained in meeting the
organic compounds requirements of
<0.45 kilograms="" per="" subpart="" ss,="" sec.="" hour="">a, and an 63.987 (flare
acrylonitrile requirements) of
concentration 50 parts per b. Reduce emissions
million by volume b of acrylonitrile by
and an average flow 98 weight-percent,
rate 0.005 cubic concentration of 20
meters per minute. parts per million
by volume,
whichever is less
stringent, by
venting emissions
through a closed
vent system to any
combination of
control devices
meeting the
requirements of
subpart SS
(national emission
standards for
closed vent
systems, control
devices, recovery
devices, and
routing to a fuel
gas system or a
process), as
specified in Sec.
63.982(a)(2)
(process vent
requirements) of
this part.
[[Page 34930]]
4. A fiber spinning line The lines use a spin a. Reduce
that is a new or modified dope produced from acrylonitrile
source. either a suspension emissions by 85
polymerization weight-percent or
process or solution more. (For example,
polymerization by enclosing the
process,. spinning and
washing areas of
the spinning line
(as specified in
paragraph (b)(4) of
this section) and
venting through a
closed vent system
and using any
combination of
control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a), of this
part); or
b. Reduce
acrylonitrile
emissions from the
spinning line to
less than or equal
to 0.25 kilograms
of acrylonitrile
per megagram (0.5
pounds of
acrylonitrile per
ton) of acrylic and
modacrylic fiber
produced; or
c. Reduce the AN
concentration of
the spin dope to
less than 100 ppmw.
5. A fiber spinning line The spinning line Maintain records and
that is an existing source. uses a spin dope report emissions as
produced from a specified in Secs.
solution 63.1109 through
polymerization 63.1110. Control of
process. spinning line AN
emissions is not
required
6. A fiber spinning line The spinning line a. Reduce the AN
that is an existing source. uses a spin dope concentration of
produced from a the spin dope to
suspension less than 100 ppmw
polymerization b, or
process.
b. Reduce
acrylonitrile
emissions from the
spinning line to
less than or equal
to 0.025 kilograms
of acrylonitrile
per megagram of
acrylic and
modacrylic fiber
produced.
7. Equipment as defined It contains or Comply with the
under Sec. 63.1101. contacts 10 weight- subpart TT
percent (national emission
acrylonitrile c, standards for
and operates 300 hours (control level 1))
per year. or subpart UU
(national emission
standards for
equipment leaks
(control level 2))
of this part.
------------------------------------------------------------------------
a The mass emission rate of halogen atoms contained in organic compounds
is determined according to the procedures specified in Sec.
63.1104(i).
b The percent by weight organic HAP is determined according to the
procedures specified in Sec. 63.1107.
c The weight-percent organic HAP is determined for equipment according
to procedures specified in Sec. 63.1107.
(ii) The owner or operator must control organic HAP emissions from
the acrylic and modacrylic fibers production facility by meeting the
applicable requirements specified in table 3 of this section. The owner
or operator must determine the facility acrylonitrile emission rate
using the procedures specified in paragraph (b)(5) of this section.
Applicability assessment procedures and methods are specified in
Secs. 63.1104 through 63.1107. An owner or operator of an affected
source does not have to perform tests, TRE calculations or other
applicability assessment procedures if they opt to comply with the most
stringent requirements for an applicable emission point pursuant to
this subpart. General compliance, recordkeeping, and reporting
requirements are specified in Secs. 63.1108 through 63.1112. Procedures
for approval of alternative means of emission limitations are specified
in Sec. 63.1113.
Table 3. To Sec. 63.1103(b)(3)(ii).--What Are My Requirements If I Own
Or Operate An Acrylic And Modacrylic Fiber Production Existing Or New
Affected Source And Am Complying With Paragraph (b)(3)(ii) Of This
Section?
------------------------------------------------------------------------
Then you must control total organic HAP
If you own or operate... emissions from the affected source by...
------------------------------------------------------------------------
1. An acrylic and modacrylic Meeting all of following requirements:
fibers production affected a. Reduce total acrylonitrile emissions
source and your facility is from all affected storage vessels,
an existing source. process vents, wastewater streams
associated with the acrylic and
modacrylic fibers production process
unit as defined in paragraph (b)(2) of
this section, and fiber spinning lines
operated in your acrylic and modacrylic
fibers production facility to less than
or equal to 1.0 kilograms (kg) of
acrylonitrile per megagram (Mg) of fiber
produced.
b. Determine the facility acrylonitrile
emission rate in accordance with the
requirements specified in
paragraph(b)(5) of this section.
2. An acrylic and modacrylic Meeting all of following requirements:
fibers production affected a. Reduce total acrylonitrile emissions
source and your facility is from all affected storage vessels,
a new source. process vents, wastewater streams
associated with the acrylic and
modacrylic fibers production process
unit as defined in paragaph (b)(2) of
this section, and fiber spinning lines
operated in the acrylic and modacrylic
fibers production facility to less than
or equal to 0.5 kilograms (kg) of
acrylonitrile per megagram (Mg) of fiber
produced.
[[Page 34931]]
b. Determine the facility acrylonitrile
emission rate in accordance with the
requirements specified in paragraph
(b)(5) of this section.
3. Equipment as defined under Meeting either of the following standards
Sec. 63.1101 and it for equipment leaks:
contains or contacts 10 a. Comply with subpart TT of this part;
weight-percent or
acrylonitrile,a and operates b. Comply with subpart UU of this part.
300 hours per year.
------------------------------------------------------------------------
a The weight-percent organic HAP is determined for equipment according
to procedures specified in Sec. 63.1107.
(4) Fiber spinning line enclosure requirements. For an owner or
operator of a new or modified source electing to comply with paragraph
(b)(3)(i) of this section, the fiber spinning line enclosure must be
designed and operated to meet the requirements specified in paragraphs
(b)(4)(i) through (iv) of this section.
(i) The enclosure must cover the spinning and washing areas of the
spinning line.
(ii) The enclosure must be designed and operated in accordance with
the criteria for a permanent total enclosure as specified in
``Procedure T--Criteria for and Verification of a Permanent or
Temporary Total Enclosure'' in 40 CFR 52.741, Appendix B.
(iii) The enclosure may have permanent or temporary openings to
allow worker access; passage of material into or out of the enclosure
by conveyor, vehicles, or other mechanical means; entry of permanent
mechanical or electrical equipment; or to direct airflow into the
enclosure.
(iv) The owner or operator must perform the verification procedure
for the enclosure as specified in section 5.0 to ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' initially when the enclosure is first installed and,
thereafter, annually.
(5) Facility acrylonitrile emission rate determination. For an
owner or operator electing to comply with paragraph (b)(3)(ii) of this
section, the facility acrylonitrile emission rate must be determined
using the requirements specified in paragraphs (b)(5)(i) through (iii)
of this section.
(i) The owner or operator must prepare an initial determination of
the facility acrylonitrile emission rate.
(ii) Whenever changes to the acrylic or modacrylic fiber production
operations at the facility could potentially cause the facility
acrylonitrile emission rate to exceed the applicable limit of kilogram
of acrylonitrile per Megagram of fiber produced, the owner or operator
must prepare a new determination of the facility acrylonitrile emission
rate.
(iii) For each determination, the owner or operator must prepare
and maintain at the facility site sufficient process data, emissions
data, and any other documentation necessary to support the facility
acrylonitrile emission rate calculation.
(c) Hydrogen fluoride production applicability, definitions, and
requirements. (1) Applicability. (i) Affected source. For the hydrogen
fluoride production (as defined in paragraph (c)(2) of this section)
source category, the affected source shall comprise all emission
points, in combination, listed in paragraphs (c)(1)(i)(A) through (D)
of this section, that are associated with a hydrogen fluoride
production process unit located at a major source as defined in section
112(a) of the Act.
(A) All storage vessels used to accumulate or store hydrogen
fluoride.
(B) All process vents from continuous unit operations associated
with hydrogen fluoride recovery and refining operations. These process
vents include vents on condensers, distillation units, and water
scrubbers.
(C) All transfer racks used to load hydrogen fluoride into tank
trucks or railcars.
(D) Equipment in hydrogen fluoride service (as defined in paragraph
(c)(2) of this section).
(ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (c)(1)(i) of this section, is specified
in Sec. 63.1102(a).
(2) Definitions.
Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purposes of this subpart.
Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, and instrumentation system in hydrogen fluoride service; and
any control devices or closed-vent systems used to comply with this
subpart.
Hydrogen fluoride production means a process engaged in the
production and recovery of hydrogen fluoride by reacting calcium
fluoride with sulfuric acid. For the purpose of implementing this
subpart, hydrogen fluoride production is not a process that produces
gaseous hydrogen fluoride for direct reaction with hydrated aluminum to
form aluminum fluoride (i.e., the hydrogen fluoride is not recovered as
an intermediate or final product prior to reacting with the hydrated
aluminum).
In hydrogen fluoride service means that a piece of equipment either
contains or contacts a hydrogen fluoride process fluid (liquid or gas).
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
Instrumentation system means a group of equipment components used
to condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are
the predominant type of equipment used in instrumentation systems;
however, other types of equipment may also be included in these
systems.
Kiln seal means the mechanical or hydraulic seals at both ends of
the kiln, designed to prevent the infiltration of moisture and air
through the interface of the rotating kiln and stationary pipes and
equipment attached to the kiln during normal vacuum operation of the
kiln (operation at an internal pressure of at least 0.25 kilopascal
[one inch of water] below ambient pressure).
Leakless pump means a pump whose seals are submerged in liquid, a
magnetically-driven pump, a pump equipped with a dual mechanical seal
system that includes a barrier fluid system, a canned pump, or other
pump that is designed with no externally
[[Page 34932]]
actuated shaft penetrating the pump housing.
Open-ended valve or line means any valve, except relief valves,
having one side of the valve seat in contact with process fluid and one
side open to the atmosphere, either directly or through open piping.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period due to a malfunction in the process.
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable
working pressure of the process equipment. A common pressure relief
device is a spring-loaded pressure relief valve. Devices that are
actuated either by a pressure of less than or equal to 2.5 pounds per
square inch gauge or by a vacuum are not pressure relief devices.
Relief device or valve means a valve used only to release an
unplanned, nonroutine discharge. A relief valve discharge can result
from an operator error, a malfunction such as a power failure or
equipment failure, or other unexpected cause that requires immediate
venting of gas from process equipment in order to avoid safety hazards
or equipment damage.
Repaired for the purpose of this regulation means equipment is
adjusted, or otherwise altered, to eliminate a leak identified by
sensory monitoring.
Sampling connection system means an assembly of equipment within a
process unit or affected facility used during periods of representative
operation to take samples of the process fluid. Equipment used to take
nonroutine grab samples is not considered a sampling connection system.
Sensory monitoring means the detection of a potential leak to the
atmosphere by walk-through visual, audible, or olfactory monitoring.
Comprehensive component-by-component inspection is not required.
Shift means the time a shift operator normally works, typically 8
or 12 hours.
(3) Requirements. Table 4 of this section specifies the hydrogen
fluoride production source category applicability and control
requirements for both existing and new sources. The owner or operator
must control hydrogen fluoride emissions from each affected source
emission point as specified in table 4. General compliance,
recordkeeping, and reporting requirements are specified in
Secs. 63.1108 through 63.1112. Specific monitoring, recordkeeping, and
reporting requirements are specified in table 4. Minimization of
emissions from startups, shutdowns, and malfunctions, including those
resulting from kiln seals must be addressed in the startup, shutdown,
and malfunction plan required by Sec. 63.1111; the plan must also
establish reporting and recordkeeping of such events. Procedures for
approval of alternative means of emission limitations are specified in
Sec. 63.1113.
Table 4. TO Sec. 63.1103(c)--What Are My Requirements If I Own or
Operate a Hydrogen Fluoride Production Existing or New Affected Source?
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
1. A storage vessel......... The stored material Reduce emissions of
is hydrogen hydrogen fluoride
fluoride. by venting
displacement
emissions created
by normal filling
or emptying
activities through
a closed-vent
system to a
recovery system or
wet scrubber that
is designed and
operated to achieve
a 99 weight-percent
removal efficiency.
The minimum liquid
flow rate to the
scrubber that
achieves a 99
weight-percent
removal efficiency
shall be
established, and
may be done so by
design analysis.
The liquid flow
rate to the
scrubber shall be
continuously
monitored and
records maintained
according to Sec.
63.996 and Sec.
63.998(b), (c), and
(d)(3) of 40 CFR
subpart SS of this
part. The Periodic
Report specified in
Sec. 63.1110(a)(5)
of this subpart
shall include the
information
specified in Sec.
63.999(c) of 40 CFR
subpart SS of this
part, as
applicable.
2. A process vent from The vent stream is Reduce emissions of
continuous unit operations. from hydrogen hydrogen fluoride
fluoride recovery from the process
and refining vent by venting
vessels. emissions through a
closed-vent system
to a wet scrubber
that is designed
and operated to
achieve a 99 weight-
percent removal
efficiency.
Monitoring,
recordkeeping, and
reporting of wet
scrubber operation
shall be in
accordance with the
requirements stated
above for a wet
scrubber
controlling
hydrogen fluoride
emissions from a
storage vessel.
[[Page 34933]]
3. A transfer rack.......... The transfer rack is Reduce emissions of
associated with hydrogen fluoride
bulk hydrogen by venting
fluoride liquid emissions through a
loading into tank closed-vent system
trucks and rail to a recovery
cars. system or wet
scrubber that is
designed and
operated to achieve
a 99 weight-percent
removal efficiency.
Monitoring,
recordkeeping, and
reporting of wet
scrubber operation
shall be in
accordance with the
requirements stated
above for a wet
scrubber
controlling HF
emissions from a
storage vessel. You
also must load
hydrogen fluoride
into only tank
trucks and railcars
that have a current
certification in
accordance with the
U.S. DOT pressure
test requirements
of 49 CFR part 180
for tank trucks and
49 CFR 173.31 for
railcars; or have
been demonstrated
to be vapor-tight
(i.e. will sustain
a pressure change
of not more than
750 Pascals within
5 minutes after it
is pressurized to a
minimum or 4,500
Pascals) within the
preceding 12
months.
4. Equipment................ It is in hydrogen Control hydrogen
fluoride service fluoride emissions
and operates 300 hours pumps and by
per year and is not implementing a
in vacuum service. sensory monitoring
leak detection
program. Equipment
that is excluded
from sensory
monitoring because
it operates less
than 300 hours per
year or is in
vacuum service
shall be identified
by list, location,
or other method and
the identity shall
be recorded. An
owner or operator
is required to
perform sensory
monitoring at least
once every shift,
but no later than
within 15 days.
When a leak is
detected, repair
must begin within
one hour and be
completed as soon
as practical. A
record shall be
kept of each leak
detected and
repaired including:
equipment
identification
number, date and
time the leak was
detected and that
repair was
initiated, and the
date of successful
repair.
------------------------------------------------------------------------
(d) Polycarbonate production applicability, definitions, and
requirements.
(1) Applicability.
(i) Affected source. For the polycarbonate production (as defined
in paragraph (d)(2) of this section) source category, the affected
source shall comprise all emission points, in combination, listed in
paragraphs (d)(1)(i)(A) through (D) of this section, that are part of a
polycarbonate production process unit located at a major source as
defined in section 112(a) of the Act. For the purposes of this rule, a
polycarbonate production process unit is a unit that produces
polycarbonate by interfacial polymerization from bisphenols and
phosgene. Phosgene production units that are associated with
polycarbonate production process units are considered to be part of the
polycarbonate production process. A phosgene production unit consists
of the reactor in which phosgene is formed and all equipment (listed in
paragraphs (d)(1)(i)(A) through (D) of this section) downstream of the
reactor that provides phosgene for the production of polycarbonate.
Therefore, for the purposes of this rule, such a phosgene production
unit is considered to be a polycarbonate production process unit.
(A) All storage vessels that store liquids containing organic HAP.
(B) All process vents from continuous and batch unit operations.
(C) All wastewater streams.
(D) Equipment (as defined in Sec. 63.1101 of this subpart) that
contains or contacts organic HAP.
(ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (d)(1)(i) of this section, is specified
in Sec. 63.1102(a).
(2) Definitions.
Polycarbonate production means a process engaged in the production
of a special class of polyester formed from any dihydroxy compound and
any carbonate diester or by ester exchange. Polycarbonate may be
produced by solution or emulsion polymerization, although other methods
may be used. A typical method for the manufacture of polycarbonate
includes the reaction of bisphenol-A with phosgene in the presence of
pyridine or other catalyst to form polycarbonate. Methylene chloride or
other solvents are used in this polymerization reaction.
(3) Requirements. Tables 5 and 6 of this section specify the
applicability criteria and standards for existing and new sources
within the polycarbonate production source category. The owner or
operator must control organic HAP emissions from each affected source
emission point by meeting the applicable requirements specified in
tables 5 and 6. Applicability assessment procedures and methods are
specified in Secs. 63.1104 through 63.1107. An owner or operator of an
affected source is not required to perform tests, TRE calculations or
other applicability
[[Page 34934]]
assessment procedures if they opt to comply with the most stringent
requirements for an applicable emission point pursuant to this subpart.
General compliance, recordkeeping, and reporting requirements are
specified in Secs. 63.1108 through 63.1112. Procedures for approval of
alternative means of emission limitations are specified in
Sec. 63.1113.
Table 5 To Sec. 63.1103(d)--What Are My Requirements If I Own or
Operate A Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
1. A storage vessel with: 75 27.6 kilopascals thn-eq> maximum total organic HAP
capacity < 151="" cubic="" meters.="" true="" vapor="" pressure="" by="" 95="" weight-="" of="" total="" organic="" percent="" by="" venting="" hap="">< 76.6="" emissions="" through="" a="" kilopascals.="" closed="" vent="" system="" to="" any="" combination="" of="" control="" devices="" meeting="" the="" requirements="" of="" subpart="" ss="" (national="" emission="" standards="" for="" closed="" vent="" systems,="" control="" devices,="" recovery="" devices,="" and="" routing="" to="" a="" fuel="" gas="" system="" or="" a="" process),="" as="" specified="" in="" sec.="" 63.982(a)(1)="" (storage="" vessel="" requirements)="" of="" this="" part;="" or="" comply="" with="" the="" requirements="" of="" subpart="" ww="" (national="" emission="" standards="" for="" storage="" vessels="" (control="" level="" 2))="" of="" this="" part.="" 2.="" a="" storage="" vessel="" with:="" the="" maximum="" true="" reduce="" emissions="" of="" 151="" cubic="" meters=""> capacity. total organic HAP by 98 weight-
5.2 percent by venting
kilopascals. emissions through a
closed vent system
to any combination
of control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(1)
(storage vessel
requirements) of
this part
3. A storage vessel with: 75 The maximum true Reduce emissions of
cubic meters vapor pressure of total organic HAP
capacity < 151="" cubic="" meters.="" total="" organic="" hap="" by="" 95="" weight-=""> 76.6 percent by venting
kilopascals. emissions through a
closed vent system
to any combination
of control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(1)
(storage vessel
requirements) of
this part.
4. A process vent from The vent stream has a. Reduce emissions
continuous unit operations a TRE b,c a. eq> 2.7. HAP by 98 weight-
percent; or reduce
total organic HAP
to a concentration
of 20 parts per
million by volume;
whichever is less
stringent, by
venting emissions
through a closed
vent system to any
combination of
control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(2)
(process vent
requirements) of
this part and vent
emissions through a
closed vent system
to a halogen
reduction device
meeting the
requirements of
subpart SS, Sec.
63.994, of this
part, that reduces
hydrogen halides
and halogens by 99
weight-percent or
to less than 0.45
kilograms per hour
d, whichever is
less stringent; or
.......................... b. Reduce the
process vent
halogen atom mass
emission rate to
less than 0.45
kilograms per hour
by venting
emissions through a
closed vent system
to a halogen
reduction device
meeting the
requirements of
subpart SS, Sec.
63.994 (halogen
reduction device
requirements) of
this part and
reduce emissions of
total organic HAP
by 98 weight-
percent; or reduce
total organic HAP
or TOC to a
concentration of 20
parts per million
by volume;
whichever is less
stringent, by
venting emissions
through a closed
vent system to any
combination of
control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(2)
(process vent
requirements) of
this part; or
c. Achieve and
maintain a TRE
index value greater
than 2.7.
[[Page 34935]]
5. A process vent from 2.7 < tre="">b,c 4.0. records of
or a combined vent stream a. equipment operating
parameters
specified to be
monitored under
subpart SS, Secs.
63.990(c)
(absorber,
condenser, and
carbon adsorber
monitoring) or
63.995(c) (other
noncombustion
systems used as a
control device
monitoring) of this
part.
6. Equipment as defined The equipment Comply with the
under Sec. 63.1101. contains or requirements of
contacts 5 weight- (national emission
percent total standards for
organic HAPd, and equipment leaks
operates 300 hours per or subpart UU
year. (national emission
standards for
equipment leaks
(control level 2))
of this part.
------------------------------------------------------------------------
a Combined vent streams shall use the applicability determination
procedures and methods for process vents from continuous unit
operations (Sec. 63.1104).
b The TRE equation coefficients for halogenated streams (table 1 of Sec.
63.1104(j)(1)) shall be used to calculate the TRE index value.
c The TRE is determined according to the procedures specified in Sec.
63.1104(j). If a dryer is manifolded with such vents, and the vent is
routed to a recovery, recapture, or combustion device, then the TRE
index value for the vent must be calculated based on the properties of
the vent stream (including the contributions of the dryer). If a dryer
is manifolded with other vents and not routed to a recovery,
recapture, or combustion device, then the TRE index value must be
calculated excluding the contributions of the dryer. The TRE index
value for the dryer must be calculated separately in this case.
d The mass emission rate of halogen atoms contained in organic compounds
is determined according to the procedures specified in Sec.
63.1104(i).
e The weight-percent organic HAP is determined for equipment according
to procedures specified in Sec. 63.1107.
Table 6. To Sec. 63.1103(d)--What Are My Requirements If I Own or
Operate A Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
1. A storage vessel with: 38 13.1 kilopascals thn-eq> maximum of total organic
capacity < 151="" cubic="" meters.="" true="" vapor="" pressure="" hap="" by="" 95="" weight-="" of="" total="" organic="" percent="" by="" venting="" hap="">< 76.6="" emissions="" through="" a="" kilopascalsa.="" closed="" vent="" system="" to="" any="" combination="" of="" control="" devices="" meeting="" the="" requirements="" of="" subpart="" ss="" (national="" emission="" standards="" for="" closed="" vent="" systems,="" control="" devices,="" recovery="" devices,="" and="" routing="" to="" a="" fuel="" gas="" system="" or="" a="" process),="" as="" specified="" in="" sec.="" 63.982(a)(1)="" (storage="" vessel="" requirements)="" of="" this="" part;="" or="" b.="" comply="" with="" the="" requirements="" of="" subpart="" ww="" (national="" emission="" standards="" for="" storage="" vessels="" (control="" level="" 2))="" of="" this="" part.="" 2.="" a="" storage="" vessel="" with:="" the="" vapor="" pressure="" reduce="" emissions="" of="" 151="" cubic="" meters="">capacity. HAP is by 98 weight-
5.2 kilopascals. percent by venting
emissions through a
closed vent system
to any combination
of control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(1)
(storage vessel
requirements) of
this part.
3. A storage vessel with: 38 The vapor pressure Reduce emissions of
cubic meters of total organic total organic HAP
capacity < 151="" cubic="" meters.="" hap="" is=""> by 95 weight-
76.6 kilopascals. percent by venting
emissions through a
closed vent system
to any combination
of control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(1)
(storage vessel
requirements) of
this part.
[[Page 34936]]
4. A process vent from The vent stream has a. Reduce emissions
continuous unit operations a a TREb,c a. eq> 9.6. HAP by 98 weight-
percent; or reduce
total organic HAP
to a concentration
of 20 parts per
million by volume;
whichever is less
stringent, by
venting emissions
through a closed
vent system to any
combination of
control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(2)
(process vent
requirements) of
this part and vent
emissions through a
closed vent system
to a halogen
reduction device
meeting the
requirements of
subpart SS, Sec.
63.994, of this
part that reduces
hydrogen halides
and halogens by 99
weight-percent or
to less than 0.45
kilograms per
hourd, whichever is
less stringent; or
b. Reduce the
process vent
halogen atom mass
emission rate to
less than 0.45
kilograms per hour
by venting
emissions through a
closed vent system
to a halogen
reduction device
meeting the
requirements of
subpart SS, Sec.
63.994 (halogen
reduction device
requirements) of
this part and
reduce emissions of
total organic HAP
by 98 weight-
percent; or reduce
total organic HAP
or TOC to a
concentration of 20
parts per million
by volume;
whichever is less
stringent, by
venting emissions
through a closed
vent system to any
combination of
control devices
meeting the
requirements of
subpart SS, as
specified in Sec.
63.982(a)(2)
(process vent
requirements) of
this part; or
c. Achieve and
maintain a TRE
index value greater
than 9.6
5. Equipment as defined The equipment Comply with the
under Sec. 63.1101. contains or requirements of 40
contacts 5 weight- (national emission
percent HAPe, and standards for
operates 300 hours per (control level 1))
year. or subpart UU
(national emission
standards for
equipment leaks
(control level 2))
of this part.
------------------------------------------------------------------------
a Combined vent streams shall use the applicability determination
procedures and methods for process vents from continuous unit
operations (Sec. 63.1104).
b The TRE equation coefficients for halogenated streams (table 1 of Sec.
63.1104(j)(1)) shall be used to calculate the TRE index value.
c The TRE is determined according to the procedures specified in Sec.
63.1104(j). If a dryer is manifolded with such vents, and the vent is
routed to a recovery, recapture, or combustion device, then the TRE
index value for the vent must be calculated based on the properties of
the vent stream (including the contributions of the dryer). If a dryer
is manifolded with other vents and not routed to a recovery,
recapture, or combustion device, then the TRE index value must be
calculated excluding the contributions of the dryer. The TRE index
value for the dryer must be calculated separately in this case.
d The mass emission rate of halogen atoms contained in organic compounds
is determined according to the procedures specified in Sec.
63.1104(i).
e The weight-percent organic HAP is determined for equipment according
to procedures specified in Sec. 63.1107.
Sec. 63.1104 Process vents from continuous unit operations:
applicability assessment procedures and methods.
(a) General. The provisions of this section provide calculation and
measurement methods for criteria that are required by Sec. 63.1103 to
be used to determine applicability of the control requirements for
process vents from continuous unit operations. The owner or operator of
a process vent is not required to determine the criteria specified for
a process vent that is being controlled in accordance with the
applicable weight-percent or TOC concentration requirement in
Sec. 63.1103.
(b) Sampling sites. For purposes of determining process vent
applicability criteria, the sampling site shall be located as specified
in (b)(1) through (4) of this section, as applicable.
(1) Sampling site location if TRE determination is required. If the
applicability criteria specified in the applicable table of
Sec. 63.1103 includes a TRE index value, the sampling site for
determining volumetric flow rate, regulated organic HAP concentration,
total organic HAP or TOC concentration, heating value, and TRE index
value, shall be after the final recovery device (if any recovery
devices are present) but prior to the inlet of any control device that
is present, and prior to release to the atmosphere.
(2) Sampling site location if TRE determination is not required. If
the applicability criteria specified in the applicable table of
Sec. 63.1103 does not include a TRE index value, the sampling site for
determining volumetric flow rate, regulated organic HAP concentration,
total organic HAP or TOC concentration, and any other specified
parameter shall be at the exit from the unit operation before any
control device.
[[Page 34937]]
(3) Sampling site selection method. Method 1 or 1A of 40 CFR part
60, appendix A, as appropriate, shall be used for selection of the
sampling site. No traverse site selection method is needed for process
vents smaller than 0.10 meter (0.33 foot) in nominal inside diameter.
(4) Sampling site when a halogen reduction device is used prior to
a combustion device. An owner or operator using a scrubber to reduce
the process vent halogen atom mass emission rate to less than 0.45
kilograms per hour (0.99 pound per hour) prior to a combustion control
device in compliance with Sec. 63.1103 (as appropriate) shall determine
the halogen atom mass emission rate prior to the combustion device
according to the procedures in paragraph (i) of this section.
(c) Applicability assessment requirement. The TOC or organic HAP
concentrations, process vent volumetric flow rates, process vent
heating values, process vent TOC or organic HAP emission rates,
halogenated process vent determinations, process vent TRE index values,
and engineering assessment process vent control applicability
assessment requirements are to be determined during maximum
representative operating conditions for the process, except as provided
in paragraph (d) of this section, or unless the Administrator specifies
or approves alternate operating conditions. Operations during periods
of startup, shutdown, and malfunction shall not constitute
representative conditions for the purpose of an applicability test.
(d) Exceptions. For a process vent stream that consists of at least
one process vent from a batch unit operation manifolded with at least
one process vent from a continuous unit operation, the TRE shall be
calculated during periods when one or more batch emission episodes are
occurring that result in the highest organic HAP emission rate (in the
combined vent stream that is being routed to the recovery device) that
is achievable during the 6-month period that begins 3 months before and
ends 3 months after the TRE calculation, without causing any of the
situations described in paragraphs (d)(1) through (3) to occur.
(1) Causing damage to equipment;
(2) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(3) Necessitating that the owner or operator make produce in excess
of demand.
(e) TOC or Organic HAP concentration. The TOC or organic HAP
concentrations, used for TRE index value calculations in paragraph (j)
of this section, shall be determined based on paragraph (e)(1), (e)(2)
or (k) of this section, or any other method or data that have been
validated according to the protocol in method 301 of appendix A of this
part. For concentrations needed for comparison with the appropriate
control applicability concentrations specified in Sec. 63.1103, TOC or
organic HAP concentration shall be determined based on paragraph
(e)(1), (e)(2), or (k) of this section or any other method or data that
has been validated according to the protocol in method 301 of appendix
A of this part. The owner or operator shall record the TOC or organic
HAP concentration as specified in paragraph (l)(3) of this section.
(1) Method 18. The procedures specified in paragraph (e)(1)(i) and
(ii) of this section shall be used to calculate parts per million by
volume concentration using method 18 of 40 CFR part 60, appendix A:
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or four grab samples shall be taken. If
grab sampling is used, then the samples shall be taken at approximately
equal intervals in time, such as 15-minute intervals during the run.
(ii) The concentration of either TOC (minus methane and ethane) or
regulated organic HAP emissions shall be calculated according to
paragraph (e)(1)(ii)(A) or (B) of this section, as applicable.
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.015
Where:
CTOC = Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
Cji = Concentration of sample component j of the sample i,
dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.
(B) The regulated organic HAP or total organic HAP concentration
(CHAP) shall be computed according to Equation 1 in
paragraph (e)(1)(ii)(A) of this section except that only the regulated
or total organic HAP species shall be summed, as appropriate.
(2) Method 25A. The procedures specified in paragraphs (e)(2)(i)
through (vi) of this section shall be used to calculate parts per
million by volume concentration using Method 25A of 40 CFR part 60,
appendix A.
(i) Method 25A of 40 CFR part 60, appendix A shall be used only if
a single organic HAP compound comprises greater than 50 percent of
total organic HAP or TOC, by volume, in the process vent.
(ii) The process vent composition may be determined by either
process knowledge, test data collected using an appropriate
Environmental Protection Agency method or a method or data validated
according to the protocol in Method 301 of appendix A of part 63.
Examples of information that could constitute process knowledge include
calculations based on material balances, process stoichiometry, or
previous test results provided the results are still relevant to the
current process vent conditions.
(iii) The organic compound used as the calibration gas for Method
25A of 40 CFR part 60, appendix A shall be the single organic HAP
compound present at greater than 50 percent of the total organic HAP or
TOC by volume.
(iv) The span value for Method 25A of 40 CFR part 60, appendix A
shall be equal to the appropriate control applicability concentration
value specified in the applicable table(s) presented in Sec. 63.1103 of
this subpart.
(v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(vi) The owner or operator shall demonstrate that the concentration
of TOC including methane and ethane measured by Method 25A of 40 CFR
part 60, appendix A is below one-half the appropriate control
applicability concentration specified in the applicable table for a
subject source category in Sec. 63.1103 in order to qualify for a low
organic HAP concentration exclusion.
(f) Volumetric flow rate. The process vent volumetric flow rate
(QS), in standard cubic meters per minute at
20 deg.C, shall be determined as specified in paragraphs (f)(1) or (2)
of this section and shall be recorded as specified in Sec. 63.1109.
(1) Use Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as
appropriate. If the process vent tested passes through a final steam
jet ejector and is not condensed, the stream
[[Page 34938]]
volumetric flow shall be corrected to 2.3 percent moisture; or
(2) The engineering assessment procedures in paragraph (k) of this
section can be used for determining volumetric flow rates.
(g) Heating value. The net heating value shall be determined as
specified in paragraphs (g)(1) and (2) of this section, or by using the
engineering assessment procedures in paragraph (k) of this section.
(1) The net heating value of the process vent shall be calculated
using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR29JN99.016
Where:
HT = Net heating value of the sample, megaJoule per standard
cubic meter, where the net enthalpy per mole of process vent is based
on combustion at 25 deg. C and 760 millimeters of mercury, but the
standard temperature for determining the volume corresponding to 1 mole
is 20 deg. C, as in the definition of Qs (process vent
volumetric flow rate).
K1 = Constant, 1.740 x 10-7 (parts per
million)-1(gram-mole per standard cubic meter) (megaJoule
per kilocalorie), where standard temperature for (gram-mole per
standard cubic meter) is 20 deg. C.
Dj = Concentration on a wet basis of compound j in parts per
million, as measured by procedures indicated in paragraph (e)(2) of
this section. For process vents that pass through a final stream jet
and are not condensed, the moisture is assumed to be 2.3 percent by
volume.
Hj = Net heat of combustion of compound j, kilocalorie
per gram-mole, based on combustion at 25 deg. C and 760 millimeters
mercury.
(2) The molar composition of the process vent (D j)
shall be determined using the methods specified in paragraphs (g)(2)(i)
through (iii) of this section:
(i) Method 18 of 40 CFR part 60, appendix A to measure the
concentration of each organic compound.
(ii) American Society for Testing and Materials D1946-90 to measure
the concentration of carbon monoxide and hydrogen.
(iii) Method 4 of 40 CFR part 60, appendix A to measure the
moisture content of the stack gas.
(h) TOC or Organic HAP emission rate. The emission rate of TOC
(minus methane and ethane) (ETOC) and the emission rate of
the regulated organic HAP or total organic HAP (EHAP) in the
process vent, as required by the TRE index value equation specified in
paragraph (j) of this section, shall be calculated using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29JN99.017
Where:
E = Emission rate of TOC (minus methane and ethane) (ETOC)
or emission rate of the regulated organic HAP or total organic HAP
(EHAP) in the sample, kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minutes/hour), where standard temperature for (gram-mole per
standard cubic meter) is 20 deg. C.
n = Number of components in the sample.
Cj = Concentration on a dry basis of organic compound j in
parts per million as measured by method 18 of 40 CFR part 60, appendix
A as indicated in paragraph (e) of this section. If the TOC emission
rate is being calculated, Cj includes all organic compounds
measured minus methane and ethane; if the total organic HAP emission
rate is being calculated, only organic HAP compounds are included; if
the regulated organic HAP emission rate is being calculated, only
regulated organic HAP compounds are included.
Mj = Molecular weight of organic compound j, gram/gram-mole.
Qs = Process vent flow rate, dry standard cubic meter per
minute, at a temperature of 20 deg. C.
(i) Halogenated process vent determination. In order to determine
whether a process vent is halogenated, the mass emission rate of
halogen atoms contained in organic compounds shall be calculated
according to the procedures specified in paragraphs (i)(1) and (2) of
this section. A process vent is considered halogenated if the mass
emission rate of halogen atoms contained in the organic compounds is
equal to or greater than 0.45 kilograms per hour.
(1) The process vent concentration of each organic compound
containing halogen atoms (parts per million by volume, by compound)
shall be determined based on one of the procedures specified in
paragraphs (i)(1)(i) through (iv) of this section:
(i) Process knowledge that no halogen or hydrogen halides are
present in the process vent, or
(ii) Applicable engineering assessment as discussed in paragraph
(k) of this section, or
(iii) Concentration of organic compounds containing halogens or
hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60,
appendix A, or
(iv) Any other method or data that have been validated according to
the applicable procedures in method 301 of appendix A of this part.
(2) Equation 4 shall be used to calculate the mass emission rate of
halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR29JN99.018
Where:
E = Mass of halogen atoms, dry basis, kilogram per hour,
K2 = Constant, 2.494 x 10-6 (parts per
million)-1 (kilogram-mole per standard cubic meter) (minute
per hour), where standard temperature is 20 deg. C.
Q = Flow rate of gas stream, dry standard cubic meters per minute,
determined according to paragraph (f)(1) or (f)(2) of this section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas
stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas
stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas
stream.
Mji = Molecular weight of halogen atom i in compound j of
the gas stream, kilogram per kilogram-mole.
(j) TRE index value. The owner or operator shall calculate the TRE
index value of the process vent using the equations and procedures in
this paragraph, as applicable, and shall maintain records specified in
paragraph (l)(1) or (m)(2) of this section, as applicable.
(1) TRE index value equation. The equation for calculating the TRE
index value is Equation 5:
[[Page 34939]]
[GRAPHIC] [TIFF OMITTED] TR29JN99.019
Where:
TRE = TRE index value.
A, B, C, D = Coefficients presented in table 8 of this subpart.
EHAP = Emission rate of total organic HAP, kilograms per
hour, as calculated according to paragraph (h) or (k) of this section.
Qs = process vent flow rate, standard cubic meters per
minute, at a standard temperature of 20 deg. C, as calculated according
to paragraph (f) or (k) of this section.
HT = process vent net heating value, megaJoules per
standard cubic meter, as calculated according to paragraph (g) or (k)
of this section.
ETOC = Emission rate of TOC (minus methane and ethane),
kilograms per hour, as calculated according to paragraph (h) or (k) of
this section.
Table 1 of Sec. 63.1104(j)(1).--Coefficients For Total Resource Effectiveness a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values of coefficients
Existing or new? Halogenated vent stream? Control device basis -----------------------------------------------------------------------
A B C D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing.................. Yes...................... Thermal Incinerator and 3.995 5.200 x 10-2 -1.769 x 10-3 9.700 x 10-4
Scrubber.
No....................... Flare.................... 1.935 3.660 x 10-1 -7.687 x 10-3 -7.33 x 10-4
Thermal Incinerator 0 1.492 6.267 x 10-2 3.177 x 10-2 -1.159 x 10-3
Percent Recovery
Thermal Incinerator 70 2.519 1.183 x 10-2 1.300 x 10-2 4.790 x 10-2
Percent Recovery
New....................... Yes...................... Thermal Incinerator and 1.0895 1.417 x 10-2 -4.82 x 10-3 2.645 x 10-3
Scrubber.
No....................... Flare.................... 5.276 x 10-1 9.98 x 10-2-2 -2.096 x 10-3 -2.000 x 10-4
Thermal Incinerator 0 4.068 x 10-1 1.71 x 10-2 8.664 x 10-3 -3.16 x 10-4
Percent Recovery
Thermal Incinerator 70 6.868 x 10-1 3.21 x 10-3 3.546 x 10-3 1.306 x 10-2
Percent Recovery
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in this section.
MJ/scm = Mega Joules per standard cubic meter
scm/min = Standard cubic meters per minute
(2) Nonhalogenated process vents. The owner or operator of a
nonhalogenated process vent shall calculate the TRE index value by
using the equation and appropriate nonhalogenated process vent
parameters in table 1 of this section for process vents at existing and
new sources. The lowest TRE index value is to be selected.
(3) Halogenated process vents. The owner or operator of a
halogenated process vent stream, as determined according to procedures
specified in paragraph (i) or (k) of this section, shall calculate the
TRE index value using the appropriate halogenated process vent
parameters in table 1 of this section for existing and new sources.
(k) Engineering assessment. For purposes of TRE index value
determinations, engineering assessments may be used to determine
process vent flow rate, net heating value, TOC emission rate, and total
organic HAP emission rate for the representative operating condition
expected to yield the lowest TRE index value. Engineering assessments
shall meet the requirements of paragraphs (k)(1) through (4) of this
section. If process vent flow rate or process vent organic HAP or TOC
concentration is being determined for comparison with the 0.011
standard cubic meters per minute (scmm) flow rate or the applicable
concentration value presented in the tables in Sec. 63.1103,
engineering assessment may be used to determine the flow rate or
concentration for the representative operating condition expected to
yield the highest flow rate or concentration.
(1) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (j) of this
section is greater than 4.0, then the owner or operator is not required
to perform the measurements specified in paragraphs (e) through (i) of
this section.
(2) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (j) of this
section is less than or equal to 4.0, then the owner or operator is
required either to perform the measurements specified in paragraphs (e)
through (i) of this section for control applicability assessment or
comply with the requirements (or standards) specified in the tables
presented in Sec. 63.1103 (as applicable).
(3) Engineering assessment includes, but is not limited to, the
examples specified in paragraphs (k)(3)(i) through (iv) of this
section:
[[Page 34940]]
(i) Previous test results, provided the tests are representative of
current operating practices at the process unit.
(ii) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(iii) Maximum flow rate, TOC emission rate, organic HAP emission
rate, organic HAP or TOC concentration, or net heating value limit
specified or implied within a permit limit applicable to the process
vent.
(iv) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to those specified in paragraphs (k)(3)(iv)(A) through
(k)(3)(iv)(D) of this section:
(A) Use of material balances based on process stoichiometry to
estimate maximum TOC or organic HAP concentrations,
(B) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities,
(C) Estimation of TOC or organic HAP concentrations based on
saturation conditions, and
(D) Estimation of maximum expected net heating value based on the
stream concentration of each organic compound or, alternatively, as if
all TOC in the stream were the compound with the highest heating value.
(4) All data, assumptions, and procedures used in the engineering
assessment shall be documented. The owner or operator shall maintain
the records specified in paragraphs (l)(1) through (4) of this section,
as applicable.
(l) Applicability assessment recordkeeping requirements. (1) TRE
index value records. The owner or operator shall maintain records of
measurements, engineering assessments, and calculations performed to
determine the TRE index value of the process vent according to the
procedures of paragraph (j) of this section, including those records
associated with halogen vent stream determination. Documentation of
engineering assessments shall include all data, assumptions, and
procedures used for the engineering assessments, as specified in
paragraph (k) of this section. As specified in paragraph (m) of this
section, the owner or operator shall include this information in the
Notification of Compliance Status report required by Sec. 63.1110(a)(4)
.
(2) Flow rate records. The owner or operator shall record the flow
rate as measured using the sampling site and flow rate determination
procedures (if applicable) specified in paragraphs (b) and (f) of this
section or determined through engineering assessment as specified in
paragraph (k) of this section. As specified in paragraph (m) of this
section, the owner or operator shall include this information in the
Notification of Compliance Status report required by
Sec. 63.1110(a)(4).
(3) Concentration records. The owner or operator shall record the
regulated organic HAP or TOC concentration (if applicable) as measured
using the sampling site and regulated organic HAP or TOC concentration
determination procedures specified in paragraphs (e)(1) and (2) of this
section, or determined through engineering assessment as specified in
paragraph (k) of this section. As specified in paragraph (m) of this
section, the owner or operator shall include this information in the
Notification of Compliance Status report required by
Sec. 63.1110(a)(4).
(4) Process change records. The owner or operator shall keep up-to-
date, readily accessible records of any process changes that change the
control applicability for a process vent. Records are to include any
recalculation or measurement of the flow rate, regulated organic HAP or
TOC concentration, and TRE index value.
(m) Applicability assessment reporting requirements. (1)
Notification of Compliance Status. The owner or operator shall submit,
as part of the Notification of Compliance Status report required by
Sec. 63.1110(a)(4), the information recorded in paragraph (l)(1)
through (3) of this section.
(2) Process change. (i) Whenever a process vent becomes subject to
control requirements under subpart SS of this part as a result of a
process change, the owner or operator shall submit a report within 60
days after the performance test or applicability assessment, whichever
is sooner. The report may be submitted as part of the next Periodic
Report required by Sec. 63.1110(a)(5). The report shall include the
information specified in paragraphs (m)(2)(i)(A) through (C) of this
section.
(A) A description of the process change;
(B) The results of the recalculation of the TOC or organic HAP
concentration, flow rate, and/or TRE index value required under
paragraphs (e), (f), and (j), and recorded under paragraph (l); and
(C) A statement that the owner or operator will comply with the
requirements specified in Sec. 63.1103 by the schedules specified in
that section for the affected source.
(ii) If a performance test is required as a result of a process
change, the owner or operator shall specify that the performance test
has become necessary due to a process change. This specification shall
be made in the performance test notification to the Administrator, as
specified in Sec. 63.999(a)(1).
(iii) If a process change does not result in additional applicable
requirements, then the owner or operator shall include a statement
documenting this in the next Periodic Report required by
Sec. 63.1110(a)(5) after the process change was made.
(n) Parameter monitoring of certain process vents. An owner or
operator who maintains a TRE index value (if applicable) in the
applicable TRE index value monitoring range as specified in an
applicable table presented in Sec. 63.1103 of this subpart without
using a recovery device shall report a description of the parameter(s)
to be monitored to ensure the process vent is operated in conformance
with its design or process and achieves and maintains the TRE index
value above the specified level, and an explanation of the criteria
used to select parameter(s). An owner or operator who maintains a TRE
index value (if applicable) in the applicable TRE index monitoring
range as specified in an applicable table presented in Sec. 63.1103 of
this subpart by using a recovery device shall comply with the
requirements of Sec. 63.993(c).
Sec. 63.1105 [Reserved]
Sec. 63.1106 [Reserved]
Sec. 63.1107 Equipment leaks: applicability assessment procedures and
methods.
(a) Each piece of equipment within a process unit that can
reasonably be expected to contain equipment in organic HAP service is
presumed to be in organic HAP service unless an owner or operator
demonstrates that the piece of equipment is not in organic HAP service.
For a piece of equipment to be considered not in organic HAP service,
it must be determined that the percent organic HAP content can be
reasonably expected not to exceed the percent by weight control
applicability criteria specified in Sec. 63.1103 for an affected source
on an annual average basis. For purposes of determining the percent
organic HAP content of the process fluid that is contained in or
contacts equipment, Method 18 of 40 CFR part 60, appendix A shall be
used.
(b) An owner or operator may use good engineering judgment rather
than the procedures in paragraph (a) of this section to determine that
the percent organic HAP content does not exceed the percent by weight
control applicability criteria specified in Sec. 63.1103 for an
affected source. When
[[Page 34941]]
an owner or operator and the Administrator do not agree on whether a
piece of equipment is not in organic HAP service, however, the
procedures in paragraph (a) of this section shall be used to resolve
the disagreement.
(c) If an owner or operator determines that a piece of equipment is
in organic HAP service, the determination can be revised after
following the procedures in paragraph (a) of this section, or by
documenting that a change in the process or raw materials no longer
causes the equipment to be in organic HAP service.
(d) Samples used in determining the percent organic HAP content
shall be representative of the process fluid that is contained in or
contacts the equipment.
Sec. 63.1108 Compliance with standards and operation and maintenance
requirements.
(a) Requirements. (1) Except as provided in paragraph (a)(2) of
this section, the emission limitations and established parameter ranges
of this part shall apply at all times except during periods of startup,
shutdown, malfunction, or non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. During periods of startup, shutdown, or
malfunction, the owner or operator shall follow the applicable
provisions of the startup, shutdown, malfunction plan required by
Sec. 63.1111. However, if a startup, shutdown, malfunction or period of
non-operation of one portion of an affected source does not affect the
ability of a particular emission point to comply with the specific
provisions to which it is subject, then that emission point shall still
be required to comply with the applicable provisions of this subpart
and any of the subparts that are referenced by this subpart during
startup, shutdown, malfunction, or period of non-operation.
(2) If equipment leak requirements are referenced by this subpart
for a subject source category, such requirements shall apply at all
times except during periods of startup, shutdown, or malfunction,
process unit shutdown (as defined in Sec. 63.1101), or non-operation of
the affected source (or specific portion thereof) in which the lines
are drained and depressurized resulting in cessation of the emissions
to which the equipment leak requirements apply.
(3) For batch unit operations, shutdown does not include the normal
periods between batch cycles; and startup does not include the
recharging of batch unit operations, or the transitional conditions due
to changes in product.
(4) [Reserved]
(5) During startups, shutdowns, and malfunctions when the emission
standards of this subpart and the subparts referenced by this subpart
do not apply pursuant to paragraphs (a)(1) through (4) of this section,
the owner or operator shall implement, to the extent reasonably
available, measures to prevent or minimize excess emissions. The
measures to be taken shall be identified in the startup, shutdown, and
malfunction plan (if applicable), and may include, but are not limited
to, air pollution control technologies, recovery technologies, work
practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the affected source. Back-up control devices are
not required, but may be used if available. Compliance with an
inadequate startup, shutdown, and malfunction plan developed pursuant
to Sec. 63.1111 is not a shield for failing to comply with good
operation and maintenance requirements.
(6) Malfunctions shall be corrected as soon as practical after
their occurrence and/or in accordance with the source's startup,
shutdown, and malfunction plan developed as specified under
Sec. 63.1111.
(7) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable, independent of emissions
limitations or other requirements in relevant standards.
(b) Compliance assessment procedures. (1) Parameter monitoring:
compliance with operating conditions. Compliance with the required
operating conditions for the monitored control devices or recovery
devices may be determined by, but is not limited to, the parameter
monitoring data for emission points that are required to perform
continuous monitoring. For each excursion except for excused excursions
(as described in Sec. 63.998(b)(6)), and as provided for in paragraph
(b)(2) of this section the owner or operator shall be deemed to have
failed to have applied the control in a manner that achieves the
required operating conditions.
(2) Parameter monitoring: excursions. An excursion is not a
violation in cases where continuous monitoring is required and the
excursion does not count toward the number of excused excursions (as
described in Sec. 63.998(b)(6)), if the conditions of paragraphs
(b)(2)(i) or (ii) of this section are met. Nothing in this paragraph
shall be construed to allow or excuse a monitoring parameter excursion
caused by any activity that violates other applicable provisions of
this subpart or a subpart referenced by this subpart.
(i) During periods of startup, shutdown, or malfunction (and the
source is operated during such periods in accordance with the source's
startup, shutdown, and malfunction plan as required by Sec. 63.1111),
or
(ii) During periods of non-operation of the affected source or
portion thereof (resulting in cessation of the emissions to which the
monitoring applies).
(3) Operation and maintenance procedures. Determination of whether
acceptable operation and maintenance procedures are being used will be
based on information available to the Administrator. This information
may include, but is not limited to, monitoring results, review of
operation and maintenance procedures (including the startup, shutdown,
and malfunction plan under Sec. 63.1111), review of operation and
maintenance records, and inspection of the affected source, and
alternatives approved as specified in Sec. 63.1113.
(4) Applicability and compliance assessment procedures.
Applicability and compliance with standards shall be governed by, in
part, but not limited to, the use of data, tests, and requirements
according to paragraphs (b)(4)(i) through (iii) of this section.
Compliance with design, equipment, work practice, and operating
standards, including those for equipment leaks, shall be determined
according to paragraph (b)(5) of this section.
(i) Applicability assessments. Unless otherwise specified in a
relevant test method required to assess control applicability, each
test shall consist of three separate runs using the applicable test
method. Each run shall be conducted for the time and under the
conditions specified in this subpart. The arithmetic mean of the
results of the three runs shall apply when assessing applicability.
Upon receiving approval from the Administrator, results of a test run
may be replaced with results of an additional test run if it meets the
criteria specified in paragraphs (a)(4)(i)(A) through (D) of this
section.
(A) A sample is accidentally lost after the testing team leaves the
site; or
(B) Conditions occur in which one of the three runs must be
discontinued because of forced shutdown; or
(C) Extreme meteorological conditions occur;
(D) Other circumstances occur that are beyond the owner or
operator's control.
(ii) Performance test. The Administrator may determine compliance
with emission limitations of this subpart based on, but not limited to,
the results of performance tests conducted according to the procedures
specified in Sec. 63.997 of this part, unless
[[Page 34942]]
otherwise specified in this subpart or a subpart referenced by this
subpart.
(iii) Operation and maintenance requirements. The Administrator may
determine compliance with the operation and maintenance standards of
this subpart by, but not limited to, evaluation of an owner or
operator's conformance with operation and maintenance requirements,
including the evaluation of monitoring data, as specified in this
subpart or a subpart referenced by this subpart.
(5) Design, equipment, work practice, or operational standards. The
Administrator may determine compliance with design, equipment, work
practice, or operational requirements by, but is not limited to, review
of records, inspection of the affected source, and by evaluation of an
owner or operator's conformance with operation and maintenance
requirements as specified in this subpart, and in the subparts
referenced by this subpart.
(c) Finding of compliance. The Administrator may make a finding
concerning an affected source's compliance with an emission standard or
operating and maintenance requirement as specified in, but not limited
to, paragraphs (a) and (b) of this section, upon obtaining all of the
compliance information required by the relevant standard (including the
written reports of performance test results, monitoring results, and
other information, if applicable) and any information available to the
Administrator to determine whether proper operation and maintenance
practices are being used. Standards in this subpart and methods of
determining compliance are in metric units followed by the equivalents
in English units. The Administrator will make findings of compliance
with the numerical standards of this subpart using metric units.
(d) Compliance time. All terms that define a period of time for
completion of required tasks (e.g., weekly, monthly, quarterly,
annually), unless specified otherwise in the section or subsection that
imposes the requirement, refer to the standard calendar periods.
(1) Notwithstanding time periods specified for completion of
required tasks, time periods may be changed by mutual agreement between
the owner or operator and the Administrator, as specified in
Sec. 63.1110(h). For each time period that is changed by agreement, the
revised period shall remain in effect until it is changed. A new
request is not necessary for each recurring period.
(2) When the period specified for compliance is a standard calendar
period, if the initial compliance date occurs after the beginning of
the period, compliance shall be required according to the schedule
specified in paragraph (d)(2) (i) or (ii) of this section, as
appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 3 days for tasks that must be performed weekly, at
least 2 weeks for tasks that must be performed monthly, at least 1
month for tasks that must be performed each quarter, or at least 3
months for tasks that must be performed annually; or
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision requires completion of a
task during each of multiple successive periods, an owner or operator
may perform the required task at any time during the specified period,
provided the task is conducted at a reasonable interval after
completion of the task during the previous period.
Sec. 63.1109 Recordkeeping requirements.
(a) Maintaining notifications, records, and reports. Except as
provided in paragraph (b) of this section, the owner or operator of
each affected source subject to this subpart shall keep copies of
notifications, reports and records required by this subpart and
subparts referenced by this subpart for at least 5 years, unless
otherwise specified under this subpart.
(b) Copies of reports. If the Administrator has waived the
requirement of Sec. 63.1110(g)(1) for submittal of copies of reports,
the owner or operator is not required to maintain copies of the waived
reports. This paragraph applies only to reports and not the underlying
records that must be maintained as specified in this subpart and the
subparts referenced by this subpart.
(c) Availability of records. All records required to be maintained
by this subpart or a subpart referenced by this subpart shall be
maintained in such a manner that they can be accessed within 2 hours
and are suitable for inspection. The most recent 2 years of records
shall be retained onsite or shall be accessible to an inspector while
onsite. The records of the remaining 3 years, where required, may be
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm,
computer, computer disk, magnetic tape, or microfiche.
(d) Control applicability records. Owners or operators shall
maintain records containing information developed and used to assess
control applicability under Sec. 63.1103 (e.g., combined total annual
emissions of regulated organic HAP).
Sec. 63.1110 Reporting requirements.
(a) Required reports. Each owner or operator of an affected source
subject to this subpart shall submit the reports listed in paragraphs
(a)(1) through (8) of this section, as applicable.
(1) A Notification of Initial Startup described in paragraph (b) of
this section, as applicable.
(2) An Initial Notification described in paragraph (c) of this
section.
(3) [Reserved]
(4) A Notification of Compliance Status report described in
paragraph (d) of this section.
(5) Periodic Reports described in paragraph (e) of this section.
(6) Application for approval of construction or reconstruction
described in Sec. 63.5(d) of subpart A of this part.
(7) Startup, Shutdown, and Malfunction Reports described in
Sec. 63.1111 of this subpart.
(8) Other reports. Other reports shall be submitted as specified
elsewhere in this subpart and subparts referenced by this subpart.
(b) Notification of initial startup. (1) Contents. An owner or
operator of an affected source for which a notice of initial startup
has not been submitted under Sec. 63.5, shall send the Administrator
written notification of the actual date of initial startup of an
affected source. This paragraph does not apply to an affected source in
existence on the effective date of this rule.
(2) Due date. The notification of the actual date of initial
startup shall be postmarked within 15 days after such date.
(c) Initial Notification. Owners or operators of affected sources
who are subject to this subpart shall notify the Administrator of the
applicability of this subpart by submitting an Initial Notification
according to the schedule described in paragraph (c)(1) of this
section. The notice shall include the information specified in
paragraphs (c)(2) through (7) of this section, as applicable. An
application for approval of construction or reconstruction required
under Sec. 63.5(d) of subpart A of this part may be used to fulfill the
initial notification requirements.
(1) The initial notification shall be postmarked within 1 year
after the source becomes subject to this subpart.
[[Page 34943]]
(2) Identification of the storage vessels subject to this subpart.
(3) Identification of the process vents subject to this subpart.
(4) Identification of the transfer racks subject to this subpart.
(5) For equipment leaks, identification of the process units
subject to this subpart.
(6) Identification of other equipment or emission points subject to
this subpart.
(7) As an alternative to the requirements specified in paragraphs
(c)(1) through (3) and (c)(5) of this section, process units can be
identified instead of individual pieces of equipment. For this
alternative, the kind of emission point in the process unit that will
comply must also be identified.
(d) Notification of Compliance Status. (1) Contents. The owner or
operator shall submit a Notification of Compliance Status for each
affected source subject to this subpart containing the information
specified in paragraphs (d)(1)(i) and (d)(1)(ii) of this section.
(i) The Notification of Compliance Status shall include the
information specified in this subpart and the subparts referenced by
this subpart. Alternatively, this information can be submitted as part
of a title V permit application or amendment.
(ii) The Notification of Compliance Status shall include a
statement from the owner or operator identifying which subpart he or
she has elected to comply with, where given a choice, as provided for
in Sec. 63.1100(g).
(2) Due date. The owner or operator shall submit the Notification
of Compliance Status for each affected source 240 days after the
compliance date specified for the affected source under this subpart,
or 60 days after completion of the initial performance test or initial
compliance assessment, whichever is earlier. Notification of Compliance
Status reports may be combined for multiple affected sources as long as
the due date requirements for all sources covered in the combined
report are met.
(e) Periodic Reports. The owner or operator of an affected source
subject to monitoring requirements of this subpart, or to other
requirements of this subpart or subparts referenced by this subpart,
where periodic reporting is specified, shall submit a Periodic Report.
(1) Contents. Periodic Reports shall include all information
specified in this subpart and subparts referenced by this subpart.
(2) Due date. The Periodic Report shall be submitted semiannually
no later than 60 days after the end of each 6-month period. The first
report shall be submitted as specified in paragraph (e)(2)(i) or (ii),
as applicable.
(i) The first report shall be submitted no later than the last day
of the month that includes the date 8 months (6 months and 60 days)
after the date the source became subject to this subpart.
(ii) For affected sources electing to comply with this subpart at
initial startup, the first report shall cover the 6 months after the
Notification of Compliance Status report is submitted. The first report
shall be submitted no later than the last day of the month that
includes the date 6 months after the Notification of Compliance Status
report is submitted.
(3) Overlap with title V reports. Information required by this
subpart, which is submitted with a title V periodic report, need not
also be included in a subsequent Periodic Report required by this
subpart or subpart referenced by this subpart. The title V report shall
be referenced in the Periodic Report required by this subpart.
(f) General report content. All reports and notifications submitted
pursuant to this subpart, including reports that combine information
required under this subpart and a subpart referenced by this subpart,
shall include the information specified in paragraphs (f)(1) through
(4) of this section.
(1) The name, address and telephone number (fax number may also be
provided) of the owner or operator.
(2) The name, address and telephone number of the person to whom
inquiries should be addressed, if different than the owner or operator.
(3) The address (physical location) of the reporting facility.
(4) Identification of each affected source covered in the
submission and identification of the subparts (this subpart and the
subparts referenced in this subpart) that are applicable to that
affected source. Summaries and groupings of this information are
permitted.
(g) Report and notification submission. (1) Submission to the
Environmental Protection Agency. All reports and notifications required
under this subpart shall be sent to the appropriate EPA Regional Office
and to the delegated State authority, except that request for
permission to use an alternative means of emission limitation as
provided for in Sec. 63.1113 shall be submitted to the Director of the
EPA Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, MD-10, Research Triangle Park, North Carolina,
27711. The EPA Regional Office may waive the requirement to submit a
copy of any reports or notifications at its discretion.
(2) Submission of copies. If any State requires a notice that
contains all the information required in a report or notification
listed in this subpart, an owner or operator may send the appropriate
EPA Regional Office a copy of the report or notification sent to the
State to satisfy the requirements of this subpart for that report or
notification.
(3) Method of submission. Wherever this subpart specifies
``postmark'' dates, submittals may be sent by methods other than the
U.S. Mail (e.g., by fax or courier). Submittals shall be sent on or
before the specified date.
(4) Submission by electronic media. If acceptable to both the
Administrator and the owner or operator of an affected source, reports
may be submitted on electronic media.
(h) Adjustment to timing of submittals and review of required
communications. (1) Alignment with title V submission. An owner or
operator may submit Periodic Reports required by this subpart on the
same schedule as the title V periodic report for the facility. The
owner or operator using this option need not obtain prior approval, but
must ensure that no reporting gaps occur. The owner or operator shall
clearly identify the change in reporting schedule in the first report
filed under this paragraph. The requirements of paragraph (f) of this
section are not waived when implementing this change.
(2) Establishment of a common schedule. An owner or operator may
arrange by mutual agreement (which may be a standing agreement) with
the Administrator a common schedule on which periodic reports required
by this subpart shall be submitted throughout the year as long as the
reporting period is not extended. Procedures governing the
implementation of this provision are specified in paragraphs (h)(3)
through (7) of this section.
(3) Submission requirements. Except as allowed by paragraph (h)(1)
of this section, until an adjustment of a time period or postmark
deadline has been approved by the Administrator under paragraphs (h)(5)
and (6) of this section, the owner or operator of an affected source
remains strictly subject to the required submittal deadlines specified
in this subpart and subparts referenced by this subpart.
(4) Request for adjustment of reporting schedule. Except as allowed
by paragraph (h)(1) of this section, an owner or operator shall request
the adjustment provided for in paragraphs (h)(5) and (6) of this
section each time he or she wishes to change an applicable time period
or postmark
[[Page 34944]]
deadline specified in this subpart or subparts referenced by this
subpart. A request for a change to the periodic reporting schedule need
only be made once for every schedule change and not once for every
semiannual report submitted.
(5) Alteration of time periods or deadlines. Notwithstanding time
periods or postmark deadlines specified in this subpart for the
submittal of information to the Administrator by an owner or operator,
or the review of such information by the Administrator, such time
periods or deadlines may be changed by mutual agreement between the
owner or operator and the Administrator. An owner or operator who
wishes to request a change in a time period or postmark deadline for a
particular requirement shall request the adjustment in writing as soon
as practical before the subject activity is required to take place. The
owner or operator shall include in the request whatever information he
or she considers useful to convince the Administrator that an
adjustment is warranted.
(6) Approval of request for adjustment. If, in the Administrator's
judgment, an owner or operator's request for an adjustment to a
particular time period or postmark deadline is warranted, the
Administrator will approve the adjustment. The Administrator will
notify the owner or operator in writing of approval or disapproval of
the request for an adjustment within 15 calendar days of receiving
sufficient information to evaluate the request.
(7) Notification of delay. If the Administrator is unable to meet a
specified deadline, he or she will notify the owner or operator of any
significant delay and inform the owner or operator of the amended
schedule.
Sec. 63.1111 Startup, shutdown, and malfunction.
(a) Startup, shutdown, and malfunction plan. (1) Description and
purpose of plan. The owner or operator of an affected source shall
develop and implement a written startup, shutdown, and malfunction plan
that describes, in detail, procedures for operating and maintaining the
affected source during periods of startup, shutdown, and malfunction.
This plan shall also include a program of corrective action for
malfunctioning process and air pollution control equipment used to
comply with relevant standards under this subpart. The plan shall also
address routine or otherwise predictable CPMS malfunctions. This plan
shall be developed by the owner or operator by the affected source's
compliance date under this subpart. The requirement to develop and
implement this plan shall be incorporated into the source's title V
permit. This requirement is optional for equipment that must comply
with subparts TT or UU under this subpart. It is not optional for
equipment equipped with a closed vent system and control device subject
to this subpart and subpart SS of this part. The purpose of the
startup, shutdown, and malfunction plan is described in paragraphs
(a)(1)(i) and (ii) of this section.
(i) To ensure that owners or operators are prepared to correct
malfunctions as soon as practical after their occurrence, in order to
minimize excess emissions of regulated organic HAP; and
(ii) To reduce the reporting burden associated with periods of
startup, shutdown, and malfunction (including corrective action taken
to restore malfunctioning process and air pollution control equipment
to its normal or usual manner of operation).
(2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of an affected source subject to
this subpart shall operate and maintain such affected source (including
associated air pollution control equipment and CPMS) in accordance with
the procedures specified in the startup, shutdown, and malfunction plan
developed under paragraph (a)(1) of this section.
(3) Use of additional procedures. To satisfy the requirements of
this section to develop a startup, shutdown, and malfunction plan, the
owner or operator of an affected source may use the affected source's
standard operating procedures (SOP) manual, or an Occupational Safety
and Health Administration (OSHA) or other plan, provided the
alternative plans meet all the requirements of this section and are
made available for inspection when requested by the Administrator.
(4) Revisions to the plan. Based on the results of a determination
made under Sec. 63.1108(b)(3), the Administrator may require that an
owner or operator of an affected source make changes to the startup,
shutdown, and malfunction plan for that source. The Administrator may
require reasonable revisions to a startup, shutdown, and malfunction
plan if the Administrator finds that the plan is inadequate as
specified in paragraphs (a)(4)(i) through (iv) of this section:
(i) Does not address a startup, shutdown, and malfunction event of
the CPMS, the air pollution control equipment, or the affected source
that has occurred; or
(ii) Fails to provide for the operation of the affected source
(including associated air pollution control equipment and CPMS) during
a startup, shutdown, and malfunction event in a manner consistent with
good air pollution control practices for minimizing emissions to the
extent practical; or
(iii) Does not provide adequate procedures for correcting
malfunctioning process and air pollution control equipment as quickly
as practicable; or
(iv) Does not provide adequate measures to prevent or minimize
excess emissions to the extent practical as specified in
Sec. 63.1108(a)(5).
(5) Additional malfunction plan requirements. If the startup,
shutdown, and malfunction plan fails to address or inadequately
addresses an event that meets the characteristics of a malfunction but
was not included in the startup, shutdown, and malfunction plan at the
time the owner or operator developed the plan, the owner or operator
shall revise the startup, shutdown, and malfunction plan within 45 days
after the event to include detailed procedures for operating and
maintaining the affected source during similar malfunction events and a
program of corrective action for similar malfunctions of process or air
pollution control equipment or CPMS.
(b) Startup, shutdown, and malfunction reporting requirements. (1)
Periodic startup, shutdown, and malfunction reporting requirements. If
actions taken by an owner or operator during a startup, shutdown, and
malfunction of an affected source, or of a control device or monitoring
system required for compliance (including actions taken to correct a
malfunction) are consistent with the procedures specified in the
affected source's plan, then the owner or operator shall state such
information in a startup, shutdown, and malfunction report. During the
reporting period, reports shall only be required for startups,
shutdowns, and malfunctions during which excess emissions, as defined
in Sec. 63.1108(a)(5), occur during the reporting period. A startup,
shutdown, and malfunction report can be submitted as part of a Periodic
Report required under Sec. 63.1110(a)(5), or on a more frequent basis
if specified otherwise under this subpart or a subpart referenced by
this subpart or as established otherwise by the permitting authority in
the affected source's title V permit. The startup, shutdown, and
malfunction report shall be delivered or postmarked by the 30th day
following the end of each calendar half (or other
[[Page 34945]]
calendar reporting period, as appropriate), unless the information is
submitted with the Periodic Report. The report shall include the
information specified in paragraphs (b)(1)(i) through (b)(1)(iv) of
this section.
(i) The name, title, and signature of the owner or operator or
other responsible official certifying its accuracy.
(ii) The number of startup, shutdown, and malfunction events and
the total duration of all periods of startup, shutdown, and malfunction
for the reporting period if the total duration amounts to either of the
durations in paragraphs (b)(1)(ii)(A) or (B) of this section. Records
of the number of CPMS startup, shutdown, and malfunction events and the
total duration of all periods of startup, shutdown, and malfunction for
the reporting period are required under Sec. 63.998(c)(1)(ii)(C) and
(D) of this section.
(A) Total duration of periods of malfunctioning of a CPMS equal to
or greater than 5 percent of that CPMS operating time for the reporting
period; or
(B) Total duration of periods of startup, shutdown, and malfunction
for an affected source equal to or greater than 1 percent of that
affected source's operating time for the reporting period.
(iii) Records documenting each startup, shutdown and malfunction
event as required under Sec. 63.998(c)(1)(ii)(F).
(iv) Records documenting the total duration of operating time as
required under Sec. 63.998(c)(1)(ii)(H).
(2) Immediate startup, shutdown, and malfunction reports.
Notwithstanding the allowance to reduce the frequency of reporting for
startup, shutdown, and malfunction reports under paragraph (b)(1) of
this section, any time an action taken by an owner or operator during a
startup, shutdown, or malfunction (including actions taken to correct a
malfunction) during which excess emissions occur is not consistent with
the procedures specified in the affected source's plan, the owner or
operator shall report the actions taken for that event within 2 working
days after commencing actions inconsistent with the plan, followed by a
letter delivered or postmarked within 7 working days after the end of
the event. The immediate report required under this paragraph shall
contain the name, title, and signature of the owner or operator or
other responsible official who is certifying its accuracy, explaining
the circumstances of the event, the reasons for not following the
startup, shutdown, and malfunction plan, and whether any excess
emissions and/or parameter monitoring exceedances are believed to have
occurred. Notwithstanding the requirements of the previous sentence,
after the effective date of an approved permit program in the State in
which an affected source is located, the owner or operator may make
alternative reporting arrangements, in advance, with the permitting
authority in that State. Procedures governing the arrangement of
alternative reporting requirements under this paragraph are specified
in Sec. 63.1110(h).
(3) [Reserved]
Sec. 63.1112 Extension of compliance, and performance test,
monitoring, recordkeeping and reporting waivers and alternatives.
(a) Extension of compliance. (1) Extension of compliance with
emission standards. Until an extension of compliance has been granted
by the Administrator under this paragraph, the owner or operator of an
affected source subject to the requirements of this subpart shall
comply with all applicable requirements of this subpart.
(2) Extension of compliance for early reductions and other
reductions. (i) Early reductions. Pursuant to section 112(i)(5) of the
Act, if the owner or operator of an existing source demonstrates that
the source has achieved a reduction in emissions of hazardous air
pollutants in accordance with the provisions of subpart D of this part,
the Administrator will grant the owner or operator an extension of
compliance with specific requirements of this part, as specified in
subpart D of this part.
(ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if
the owner or operator of an existing source has installed best
available control technology (BACT) (as defined in section 169(3) of
the Act) or technology required to meet a lowest achievable emission
rate (LAER) (as defined in section 171 of the Act) prior to the
promulgation of an emission standard in this part applicable to such
source and the same pollutant (or stream of pollutants) controlled
pursuant to the BACT or LAER installation, the Administrator will grant
the owner or operator an extension of compliance with such emission
standard that will apply until the date 5 years after the date on which
such installation was achieved, as determined by the Administrator.
(3) Request for extension of compliance. Paragraphs (a)(4) through
(7) of this section concern requests for an extension of compliance
with a relevant standard under this part (except requests for an
extension of compliance under paragraph (a)(2)(i) of this section will
be handled through procedures specified in subpart D of this part).
(4) Requests for extensions of compliance for section 112
standards. (i) Section 112(d) standards. (A) The owner or operator of
an existing source who is unable to comply with a relevant standard
established under this part pursuant to section 112(d) of the Act may
request that the Administrator grant an extension allowing the source
up to 1 additional year to comply with the standard, if such additional
period is necessary for the installation of controls. The owner or
operator of an affected source who has requested an extension of
compliance under this paragraph and who is otherwise required to obtain
a title V permit shall apply for such permit or apply to have the
source's title V permit revised to incorporate the conditions of the
extension of compliance. The conditions of an extension of compliance
granted under this paragraph will be incorporated into the affected
source's title V permit according to the provisions of part 70 or
Federal title V regulations in this chapter (42 U.S.C. 7661), whichever
are applicable.
(B) Any request under this paragraph for an extension of compliance
with a relevant standard shall be submitted in writing to the
appropriate authority not later than 12 months before the affected
source's compliance date (as specified in Sec. 63.1102) for sources
that are not including emission points in an emissions average, or not
later than 18 months before the affected source's compliance date (as
specified in Sec. 63.1102) for sources that are including emission
points in an emissions average. Emission standards established under
this part may specify alternative dates for the submittal of requests
for an extension of compliance if alternatives are appropriate for the
source categories affected by those standards, e.g., a compliance date
specified by the standard is less than 12 (or 18) months after the
standard's effective date.
(ii) Section 112(f) standards. The owner or operator of an existing
source unable to comply with a relevant standard established under this
part pursuant to section 112(f) of the Act may request that the
Administrator grant an extension allowing the source up to 2 years
after the standard's effective date to comply with the standard. The
Administrator may grant such an extension if he/she finds that such
additional period is necessary for the installation of controls and
that steps will be taken during the period of
[[Page 34946]]
the extension to assure that the health of persons will be protected
from imminent endangerment. Any request for an extension of compliance
with a relevant standard under this paragraph shall be submitted in
writing to the Administrator not later than 15 days after the effective
date of the relevant standard.
(5) Requests for extensions of compliance for BACT or LAER. The
owner or operator of an existing source who has installed BACT or
technology required to meet LAER (as specified in paragraph (a)(2)(ii)
of this section) prior to the promulgation of a relevant emission
standard in this part may request that the Administrator grant an
extension allowing the source 5 years from the date on which such
installation was achieved, as determined by the Administrator, to
comply with the standard. Any request for an extension of compliance
with a relevant standard under this paragraph shall be submitted in
writing to the Administrator not later than 120 days after the
promulgation date of the standard. The Administrator may grant such an
extension if he or she finds that the installation of BACT or
technology to meet LAER controls the same pollutant (or stream of
pollutants) that would be controlled at that source by the relevant
emission standard.
(6) Contents of request. (i) The request for a compliance extension
under paragraph (a)(4) of this section shall include the following
information:
(A) A description of the controls to be installed to comply with
the standard;
(B) A compliance schedule, including the date by which each step
toward compliance will be reached. At a minimum, the list of dates
shall include:
(1) The date by which contracts for emission control systems or
process changes for emission control will be awarded, or the date by
which orders will be issued for the purchase of component parts to
accomplish emission control or process changes;
(2) The date by which on-site construction, installation of
emission control equipment, or a process change is to be initiated;
(3) The date by which on-site construction, installation of
emission control equipment, or a process change is to be completed; and
(4) The date by which final compliance is to be achieved.
(C) A description of interim emission control steps, that will be
taken during the extension period, including milestones to assure
proper operation and maintenance of emission control and process
equipment; and
(D) Whether the owner or operator is also requesting an extension
of other applicable requirements (e.g., performance testing
requirements).
(ii) The request for a compliance extension under paragraph (a)(5)
of this section shall include all information needed to demonstrate to
the Administrator's satisfaction that the installation of BACT or
technology to meet LAER controls the same pollutant (or stream of
pollutants) that would be controlled at that source by the relevant
emission standard.
(7) Additional advice. Advice on requesting an extension of
compliance may be obtained from the Administrator.
(8) Approval of request for extension of compliance. Paragraphs
(a)(9) through (14) of this section concern approval of an extension of
compliance requested under paragraphs (a)(4) through (6) of this
section.
(9) General. Based on the information provided in any request made
under paragraphs (a)(4) through (6) of this section, or other
information, the Administrator may grant an extension of compliance
with an emission standard, as specified in paragraphs (a)(4) and (5) of
this section.
(10) Contents of extension. The extension will be in writing and
will--
(i) Identify each affected source covered by the extension;
(ii) Specify the termination date of the extension;
(iii) Specify the dates by which steps toward compliance are to be
taken, if appropriate;
(iv) Specify other applicable requirements to which the compliance
extension applies (e.g., performance tests); and
(v)(A) Under paragraph (a)(4) of this section, specify any
additional conditions that the Administrator deems necessary to assure
installation of the necessary controls and protection of the health of
persons during the extension period; or
(B) Under paragraph (a)(5)of this section, specify any additional
conditions that the Administrator deems necessary to assure the proper
operation and maintenance of the installed controls during the
extension period.
(11) Progress reports. The owner or operator of an existing source
that has been granted an extension of compliance under paragraph
(a)(10) of this section may be required to submit to the Administrator
progress reports indicating whether the steps toward compliance
outlined in the compliance schedule have been reached. The contents of
the progress reports and the dates by which they shall be submitted
will be specified in the written extension of compliance granted under
paragraph (a)(9) of this section.
(12) Notifications to owners and operators regarding compliance
extensions for section 112(d) standards. (i) The Administrator will
notify the owner or operator in writing of approval or intention to
deny approval of a request for an extension of compliance within 30
days after receipt of sufficient information to evaluate a request
submitted under paragraph (a)(4)(i) or (a)(5) of this section. The 30-
day approval or denial period will begin after the owner or operator
has been notified in writing that his/her application is complete. The
Administrator will notify the owner or operator in writing of the
status of his/her application, that is, whether the application
contains sufficient information to make a determination, within 30 days
after receipt of the original application and within 30 days after
receipt of any supplementary information that is submitted.
(ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 30 days after he/she is
notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
(iii) Before denying any request for an extension of compliance,
the Administrator will notify the owner or operator in writing of the
Administrator's intention to issue the denial, together with--
(A) Notice of the information and findings on which the intended
denial is based; and
(B) Notice of opportunity for the owner or operator to present in
writing, within 15 days after he/she is notified of the intended
denial, additional information or arguments to the Administrator before
further action on the request.
(iv) The Administrator's final determination to deny any request
for an extension will be in writing and will set forth the specific
grounds on which the denial is based. The final determination will be
made within 30 days after presentation of additional information or
argument (if the application is complete), or within 30 days after the
final date specified for the presentation if no presentation is made.
(13) Notifications to owners and operators regarding compliance
extensions for section 112(f) standards. (i) The Administrator will
notify the owner or operator in writing of approval
[[Page 34947]]
or intention to deny approval of a request for an extension of
compliance within 30 days after receipt of sufficient information to
evaluate a request submitted under paragraph (a)(4)(ii) of this
section. The 30-day approval or denial period will begin after the
owner or operator has been notified in writing that his/her application
is complete. The Administrator will notify the owner or operator in
writing of the status of his/her application, that is, whether the
application contains sufficient information to make a determination,
within 15 days after receipt of the original application and within 15
days after receipt of any supplementary information that is submitted.
(ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 15 days after he/she is
notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
(iii) Before denying any request for an extension of compliance,
the Administrator will notify the owner or operator in writing of the
Administrator's intention to issue the denial, together with--
(A) Notice of the information and findings on which the intended
denial is based; and
(B) Notice of opportunity for the owner or operator to present in
writing, within 15 days after he/she is notified of the intended
denial, additional information or arguments to the Administrator before
further action on the request.
(iv) A final determination to deny any request for an extension
will be in writing and will set forth the specific grounds on which the
denial is based. The final determination will be made within 30 days
after presentation of additional information or argument (if the
application is complete), or within 30 days after the final date
specified for the presentation if no presentation is made.
(14) Termination of extension. The Administrator may terminate an
extension of compliance at an earlier date than specified if any
specification under paragraphs (a)(10)(iii) or (iv) of this section is
not met.
(15) [Reserved]
(16) Administrator's authority. The granting of an extension under
this section shall not abrogate the Administrator's authority under
section 114 of the Act.
(b) Waiver of performance tests. (1) Applicability of this section.
Until a waiver of a performance testing requirement has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source remains subject to the requirements of this section.
(2) General. Individual performance tests may be waived upon
written application to the Administrator if, in the Administrator's
judgment, the source is meeting the relevant standard(s) on a
continuous basis, or the source is being operated under an extension of
compliance, or the owner or operator has requested an extension of
compliance and the Administrator is still considering that request.
(3) Request to waive a performance test. (i) If a request is made
for an extension of compliance under paragraph (a) of this section, the
application for a waiver of an initial performance test shall accompany
the information required for the request for an extension of
compliance. If no extension of compliance is requested or if the owner
or operator has requested an extension of compliance and the
Administrator is still considering that request, the application for a
waiver of an initial performance test shall be submitted at least 60
days before the performance test if a site-specific test plan is not
submitted.
(ii) If an application for a waiver of a subsequent performance
test is made, the application may accompany any required compliance
progress report, compliance status report, or excess emissions and
continuous monitoring system performance report, but it shall be
submitted at least 60 days before the performance test if a site-
specific test plan is not submitted.
(iii) Any application for a waiver of a performance test shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the affected source performing the required test.
(4) Approval of request to waive performance test. The
Administrator will approve or deny a request for a waiver of a
performance test made under paragraph (b)(3) of this section when he/
she--
(i) Approves or denies an extension of compliance under paragraph
(a) of this section; or
(ii) Approves or disapproves a site-specific test plan; or
(iii) Makes a determination of compliance following the submission
of a required compliance status report or excess emissions and
continuous monitoring systems performance report; or
(iv) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
(5) Administrator's authority. Approval of any waiver granted under
this section shall not abrogate the Administrator's authority under the
Act or in any way prohibit the Administrator from later canceling the
waiver. The cancellation will be made only after notice is given to the
owner or operator of the affected source.
(c) Use of an alternative monitoring method. (1) General. Until
permission to use an alternative monitoring method has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source remains subject to the requirements of this section and
the relevant standard.
(2) Alternatives to monitoring methods. After receipt and
consideration of written application, the Administrator may approve
alternatives to any monitoring methods or procedures of this part
including, but not limited to, the following:
(i) Alternative monitoring requirements when installation of a CMS
specified by a relevant standard would not provide accurate
measurements due to liquid water or other interferences caused by
substances within the effluent gases;
(ii) Alternative monitoring requirements when the affected source
is infrequently operated;
(iii) Alternative monitoring requirements to accommodate CEMS that
require additional measurements to correct for stack moisture
conditions;
(iv) Alternative locations for installing CMS when the owner or
operator can demonstrate that installation at alternate locations will
enable accurate and representative measurements;
(v) Alternate methods for converting pollutant concentration
measurements to units of the relevant standard;
(vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases
or test cells;
(vii) Alternatives to the American Society for Testing and
Materials (ASTM) test methods or sampling procedures specified by any
relevant standard;
(viii) Alternative CMS that do not meet the design or performance
requirements in this part, but adequately demonstrate a definite and
consistent relationship between their measurements and the measurements
of opacity by a system complying with the
[[Page 34948]]
requirements as specified in the relevant standard. The Administrator
may require that such demonstration be performed for each affected
source; or
(ix) Alternative monitoring requirements when the effluent from a
single affected source or the combined effluent from two or more
affected sources is released to the atmosphere through more than one
point.
(3) Conflicts between alternative and required methods. If the
Administrator finds reasonable grounds to dispute the results obtained
by an alternative monitoring method, requirement, or procedure, the
Administrator may require the use of a method, requirement, or
procedure specified in this section or in the relevant standard. If the
results of the specified and alternative method, requirement, or
procedure do not agree, the results obtained by the specified method,
requirement, or procedure shall prevail.
(4)(i) Request to use alternative monitoring method. An owner or
operator who wishes to use an alternative monitoring method shall
submit an application to the Administrator as described in paragraph
(c)(4)(ii) of this section. The application may be submitted at any
time provided that the monitoring method is not used to demonstrate
compliance with a relevant standard or other requirement. If the
alternative monitoring method is to be used to demonstrate compliance
with a relevant standard, the application shall be submitted not later
than with the site-specific test plan required, or with the site-
specific performance evaluation plan (if requested), or at least 60
days before the performance evaluation is scheduled to begin.
(ii) The application shall contain a description of the proposed
alternative monitoring system and a performance evaluation test plan,
if required. In addition, the application shall include information
justifying the owner or operator's request for an alternative
monitoring method, such as the technical or economic infeasibility, or
the impracticality, of the affected source using the required method.
(iii) The owner or operator may submit the information required in
this paragraph well in advance of the submittal dates specified in
paragraph (c)(4)(i) of this section to ensure a timely review by the
Administrator in order to meet the compliance demonstration date
specified in this section or the relevant standard.
(5) Approval of request to use alternative monitoring method. (i)
The Administrator will notify the owner or operator of approval or
intention to deny approval of the request to use an alternative
monitoring method within 30 days after receipt of the original request
and within 30 days after receipt of any supplementary information that
is submitted. Before disapproving any request to use an alternative
monitoring method, the Administrator will notify the applicant of the
Administrator's intention to disapprove the request together with--
(A) Notice of the information and findings on which the intended
disapproval is based; and
(B) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of his or
her intention to disapprove the request, the Administrator will specify
how much time the owner or operator will have after being notified of
the intended disapproval to submit the additional information.
(ii) The Administrator may establish general procedures and
criteria in a relevant standard to accomplish the requirements of
paragraph (c)(5)(i) of this section.
(iii) If the Administrator approves the use of an alternative
monitoring method for an affected source under paragraph (c)(5)(i) of
this section, the owner or operator of such source shall continue to
use the alternative monitoring method until he or she receives approval
from the Administrator to use another monitoring method as allowed by
this subpart or a subpart referenced by this subpart.
(6) Alternative to the relative accuracy test. An alternative to
the relative accuracy test for CEMS specified in a relevant standard
may be requested as follows:
(i) Criteria for approval of alternative procedures. An alternative
to the test method for determining relative accuracy is available for
affected sources with emission rates demonstrated to be less than 50
percent of the relevant standard. The owner or operator of an affected
source may petition the Administrator under paragraph (c)(6)(ii) of
this section to substitute the relative accuracy test in section 7 of
Performance Specification 2 with the procedures in section 10 if the
results of a performance test conducted according to the requirements
specified in this subpart or subpart referenced by this subpart
demonstrate that the emission rate of the pollutant of interest in the
units of the relevant standard is less than 50 percent of the relevant
standard. For affected sources subject to emission limitations
expressed as control efficiency levels, the owner or operator may
petition the Administrator to substitute the relative accuracy test
with the procedures in section 10 of Performance Specification 2 if the
control device exhaust emission rate is less than 50 percent of the
level needed to meet the control efficiency requirement. The
alternative procedures do not apply if the CEMS is used continuously to
determine compliance with the relevant standard.
(ii) Petition to use alternative to relative accuracy test. The
petition to use an alternative to the relative accuracy test shall
include a detailed description of the procedures to be applied, the
location and the procedure for conducting the alternative, the
concentration or response levels of the alternative relative accuracy
materials, and the other equipment checks included in the alternative
procedure(s). The Administrator will review the petition for
completeness and applicability. The Administrator's determination to
approve an alternative will depend on the intended use of the CEMS data
and may require specifications more stringent than in Performance
Specification 2.
(iii) Rescission of approval to use alternative to relative
accuracy test. The Administrator will review the permission to use an
alternative to the CEMS relative accuracy test and may rescind such
permission if the CEMS data from a successful completion of the
alternative relative accuracy procedure indicate that the affected
source's emissions are approaching the level of the relevant standard.
The criterion for reviewing the permission is that the collection of
CEMS data shows that emissions have exceeded 70 percent of the relevant
standard for any averaging period, as specified in the relevant
standard. For affected sources subject to emission limitations
expressed as control efficiency levels, the criterion for reviewing the
permission is that the collection of CEMS data shows that exhaust
emissions have exceeded 70 percent of the level needed to meet the
control efficiency requirement for any averaging period, as specified
in the relevant standard. The owner or operator of the affected source
shall maintain records and determine the level of emissions relative to
the criterion for permission to use an alternative for relative
accuracy testing. If this criterion is exceeded, the owner or operator
shall notify the Administrator within 10 days of such occurrence and
include a description of the nature and cause of the increased
emissions. The Administrator will review the notification and may
rescind permission to use an alternative and require the owner or
operator to conduct
[[Page 34949]]
a relative accuracy test of the CEMS as specified in section 7 of
Performance Specification 2.
(d) Waiver of recordkeeping or reporting requirements. (1) Until a
waiver of a recordkeeping or reporting requirement has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source remains subject to the recordkeeping and reporting
requirements of this subpart and any subparts referenced by this
subpart.
(2) Recordkeeping or reporting requirements may be waived upon
written application to the Administrator if, in the Administrator's
judgment, the affected source is achieving the relevant standard(s), or
the source is operating under an extension of compliance, or the owner
or operator has requested an extension of compliance and the
Administrator is still considering that request.
(3) If an application for a waiver of recordkeeping or reporting is
made, the application shall accompany the request for an extension of
compliance under paragraph (a) of this section, any required compliance
progress report or compliance status report required under this part or
in the source's title V permit, or an excess emissions and continuous
monitoring system performance report required under Sec. 63.999(c) or
another subpart referenced by this subpart, whichever is applicable.
The application shall include whatever information the owner or
operator considers useful to convince the Administrator that a waiver
of recordkeeping or reporting is warranted.
(4) The Administrator will approve or deny a request for a waiver
of recordkeeping or reporting requirements under this paragraph when
he/she--
(i) Approves or denies an extension of compliance under paragraph
(a) of this section; or
(ii) Makes a determination of compliance following the submission
of a required Notification of Compliance Status report or excess
emissions and continuous monitoring systems performance report; or
(iii) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
(5) A waiver of any recordkeeping or reporting requirement granted
under this paragraph may be conditioned on other recordkeeping or
reporting requirements deemed necessary by the Administrator.
(6) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notice is given to the owner or
operator of the affected source.
Sec. 63.1113 Procedures for approval of alternative means of emission
limitation.
(a) Alternative means of emission limitation. An owner or operator
of an affected source may request a determination of alternative means
of emission limitation to the requirements of design, equipment, work
practice, or operational standards of this subpart or of a subpart
referenced by this subpart. If, in the judgment of the Administrator,
an alternative means of emission limitation will achieve a reduction in
HAP emissions at least equivalent to the reduction in emissions from
that source achieved under any design, equipment, work practice, or
operational standards (but not performance standards) in this subpart,
the Administrator will publish in the Federal Register a notice
permitting the use of the alternative means for purposes of compliance
with that requirement.
(1) The notice may condition the permission on requirements related
to the operation and maintenance of the alternative means.
(2) Any such notice shall be published only after public notice and
an opportunity for a hearing.
(b) Content of submittal. (1) In order to obtain approval, any
person seeking permission to use an alternative means of compliance
under this section shall collect, verify, and submit to the
Administrator information showing that the alternative means achieves
equivalent emission reductions. An owner or operator of an affected
source seeking permission to use an alternative means of compliance who
has not previously performed testing shall also submit a proposed test
plan. If the owner or operator seeks permission to use an alternative
means of compliance based on previously performed testing, they shall
submit the results of testing, a description of the procedures followed
in testing or monitoring, and a description of pertinent conditions
during testing or monitoring.
(2) The owner or operator who requests an alternative means of
emissions limitation shall submit a description of the proposed
testing, monitoring, recordkeeping, and reporting that will be used and
the proposed basis for demonstrating compliance.
(3) For storage vessels, the owner or operator shall include the
results of actual emissions tests using full-size or scale-model
storage vessels that accurately collect and measure all regulated HAP
emissions using a given control technique, and that accurately simulate
wind and account for other emission variables such as temperature and
barometric pressure, or an engineering analysis that the Administrator
determines to be an accurate method of determining equivalence.
(4) For proposed alternatives to equipment leak requirements
referenced by this subpart, the owner or operator shall also submit the
information specified in and meet the requirements for alternate means
of emission limitation specified in the referenced subparts.
[FR Doc. 99-13164 Filed 6-28-99; 8:45 am]
BILLING CODE 6560-50-P
