[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29876-29882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10382]
[[Page 29875]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 60 and 63
National Emission Standards for Hazardous Air Pollutants: Petroleum
Refineries; Final Rule; Correcting Amendments
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 /
Rules and Regulations
[[Page 29876]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[AD-FRL-5463-1]
RIN 2060-AD9Y
National Emission Standards for Hazardous Air Pollutants:
Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This action corrects errors and clarifies regulatory text of
the ``National Emission Standards for Hazardous Air Pollutants:
Petroleum Refineries,'' which was issued as a final rule on August 18,
1995.
EFFECTIVE DATE: June 12, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical
Processes Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North
Carolina, 27711, telephone number (919) 541-5672.
SUPPLEMENTARY INFORMATION: On August 18, 1995 (60 FR 43244), the
Environmental Protection Agency (EPA) promulgated in the Federal
Register national emission standards for hazardous air pollutants
(NESHAP) for petroleum refineries. These regulations were promulgated
as subpart CC of 40 CFR part 63. The same notice amended standards of
performance in 40 CFR part 60, subpart VV. This document contains
corrections to typographical and cross referencing errors in these
subparts. A few editorial clarifications are also being made to clarify
the intent of certain provisions and correct inconsistencies between
different sections of the rule.
I. Description of Clarifying Changes
A. Compliance Dates
The compliance dates in Sec. 63.640(h) are being clarified to
remove an inconsistency regarding the compliance date for marine tank
vessels. Section 63.640(h) stated that refineries have 3 years to
comply with the NESHAP unless a case-by-case 1-year extension is
granted. However, Sec. 63.651 cross references the marine tank vessel
loading rule [40 CFR 63, subpart Y (September 19, 1995; FR 43388)]
which allows 4 years to comply without requiring a case-by-case
extension. Therefore, it was unclear in the rule published on August
18, whether a compliance extension is required to allow marine tank
vessel loading operations at refineries 4 years to comply. The intent
was to be consistent with subpart Y, unless marine tank vessels are
used to generate credit in an emissions average. Paragraph (h)(3) is
being added to Sec. 63.640 to make it clear that marine tank vessel
loading operations have 4 years to comply. However, if marine tank
vessels loading is used to generate credits for an emissions average,
compliance must be achieved in 3 years unless a case-by-case extension
is granted by the regulatory authority as provided in Sec. 63.6(i) of
subpart A (the NESHAP general provisions). Because the other emission
points at a refinery included in such an emissions average are required
to comply within 3 years of promulgation, the emissions average would
not balance if the marine tank vessel loading was not controlled by the
third year. However, regulatory authorities have the discretion to
allow an extension of up to 1 year for full implementation of the
emissions average. This decision is best made on a site-specific basis.
A clarification is also being made to the wording of
Sec. 63.640(h)(4) which allows Group 1 storage vessels with floating
roofs to comply at the next degassing and cleaning activity or within
10 years after promulgation of the rule, whichever is first. The
clarification will insert the phrase ``after August 18, 1998'' after
the words ``cleaning activity''. As explained in the promulgation
preamble, the intent of this provision was to allow an extension of up
to 10 years for floating roof storage vessels to achieve full
compliance, not to require compliance prior to the 3-year compliance
time allowed for all other emission points at refineries. As originally
worded, this paragraph could have been misinterpreted as requiring
storage vessels that were degassed prior to the August 18, 1998
compliance date to come into compliance earlier than the rest of the
refinery.
A clarification is also being made to Sec. 63.640(l) regarding
compliance times and reports for addition of emission points to
existing sources. This paragraph of the promulgated rule is clear
regarding addition of miscellaneous process vents, storage vessels,
gasoline loading racks, and marine tank vessel loading operations, but
did not specifically address equipment leaks. Responses to comments in
section 9 (general monitoring, recordkeeping, and reporting comments)
of the background information document for the promulgated rule (EPA
453/R-95-015b) clarify that it was not intended that the addition of
pumps, valves, and other components to an existing source subject to
the equipment leaks standard trigger new source reporting requirements.
The amended paragraph clarifies that equipment leak component additions
remain subject to existing source and not new source requirements.
Paragraph (m)(2) of Sec. 63.640 has also been reworded to clarify
the timing for of a compliance schedule submittal existing sources when
a Group 2 emission point becomes a Group 1 emission point. The intended
180-day time period for submitting the compliance schedule has not been
changed, but the intent of the previous wording ``within 180 days after
the change is made or the information regarding the change is known to
the source'' has been clarified by the rewording.
B. Clarification of Exemptions
Paragraph (d)(3) of Sec. 63.640 is being reworded. This paragraph
exempts equipment that is in organic hazardous air pollutant (HAP)
service less than 300 hours per year. This exemption applies to the
types of equipment listed in the definition of ``equipment leaks'' in
Sec. 63.641. In order to improve clarity, the specific types of
equipment to which this exemption applies have been listed in
Sec. 63.640(d)(3). The list of equipment being added to this paragraph
exactly matches the list already included in the definition of
equipment leaks in Sec. 63.641.
An exemption for emission points routed to refinery fuel gas
systems is being added to Sec. 63.640(d). This exemption is specified
in the definition of ``miscellaneous process vent'' in Sec. 63.641.
Putting this exemption in the applicability section (Sec. 63.640) makes
it clearer that all emissions routed to fuel gas systems are exempt
from the rule.
C. Definitions
The definitions of ``Group 1 gasoline loading rack'' and ``Group 1
marine tank vessel'' are being revised for consistency with 40 CFR part
63 subparts R (the gasoline distribution NESHAP) and Y (the marine tank
vessel loading NESHAP). The intent of the refineries NESHAP was to be
consistent with subparts R and Y in terms of which loading operations
require control. Sections 63.650 and 63.651 of the Refineries NESHAP
(subpart CC) cross-reference subparts R and Y for control requirements
for loading operations. However, throughput and emissions applicability
criteria in subparts R and Y were not correctly incorporated in the
Group 1 definitions in Sec. 63.641. The definition of ``Group 1
gasoline loading
[[Page 29877]]
rack'' is being revised to mean a gasoline loading rack classified
under SIC 2911 that is part of a bulk gasoline terminal with the
capacity to load greater than 75,700 liters per year of gasoline. This
is consistent with subpart R. The definition of ``Group 1 marine tank
vessel'' is being revised by changing the emission rate criteria for
existing sources from 9.1 megagrams per year of any individual HAP and
13.6 megagrams of any combination of HAPs to 9.1 megagrams per year of
any individual HAP and 22.7 megagrams of any combination of HAPs. The
revised definition also clarifies that these emission rate cutoffs
apply only to existing sources, not to new sources. These
clarifications remove inconsistencies between the definitions in
Sec. 63.641 of subpart CC and the rules cross-referenced in
Secs. 63.650 and 63.651.
The definition of storage vessel is being clarified by removing the
clause ``in organic HAP service''. This was a drafting error. The
definition was intended to cover vessels storing organic liquids.
However, the phrase ``in organic liquid service'' was used without
recognizing that it is a defined term used in the equipment leaks
section of the rule to indicate equipment leak components containing or
contacting fluid that is at least 5 weight percent organic HAP. The
preamble to the final rule (60 FR 43252) and the ``Group 1 storage
vessel'' definitions make it clear that storage vessels with lower
percent organic HAP were intended to be regulated. The ``Group 1
storage vessel'' definition contains the correct organic HAP weight
percent cutoffs of 4 percent for existing sources and 2 percent for new
sources, which are discussed in the preamble for the final rule.
The definition of ``Group 1 miscellaneous process vent'' is being
revised to clarify that the 20 parts per million by volume cutoff
applies to organic HAP rather than volatile organic compounds (VOC).
This is consistent with the definition of ``miscellaneous process
vent'', which includes vents containing greater than 20 parts per
million by volume organic HAP and with the 20 parts per million organic
HAP language in Sec. 63.643. The definitions of ``miscellaneous process
vent'' and ``equipment leaks'' are also being clarified by specifying
that they do not include emissions from wastewater collection and
conveyance systems. Air emissions from wastewater systems are regulated
under the wastewater provisions in Sec. 63.647 of subpart CC.
Definitions of ``startup'' and ``shutdown'' are being added for
clarification. These definitions are consistent with definitions in the
subpart A General Provisions and the hazardous organics NESHAP (40 CFR
60, subpart F). Under the General Provisions, Sec. 63.6(f)(1) states
that emission limits do not apply during startup, shutdown, and
malfunction. These definitions make it clear that, for purposes of
Sec. 63.6(f)(1) and for the startup, shutdown, and malfunction plan,
startup and shutdown refer to startup and shutdown of refinery process
units or unit operations such as distillation units rather than to
individual components such as pumps. To further clarify this point, the
second sentence in the definition of ``affected source'' has been
deleted. This sentence had been interpreted to mean that startup,
shutdown, and malfunction plans apply to individual components.
Other minor definition changes are being made to correct
typographical errors and improve clarity. For example, in the
definition of ``emission point'', the word ``gas'' is changed to
``gasoline'', and a definition of leakless valves is being added to
clarify which types of valves are excluded from the monitoring
requirements of the rule.
D. Equations
The term ``R'' in the equation in Sec. 63.642(g) represents the
fraction of emissions from a Group 1 marine tank vessel loading
operation after the required level of control has been applied. The
phrase ``and 0.05 for new offshore loading terminals'' is being deleted
because offshore loading terminals are not subject to subpart CC.
Therefore, this phrase was not relevant to the refineries NESHAP, and
would cause confusion.
The EPA is clarifying that the emissions averaging equations for
gasoline loading racks assume that all facilities with Group 1 gasoline
loading racks must comply with the requirements of subpart R regarding
vapor-tightness of gasoline cargo tanks loaded at the facility,
regardless of whether emissions averaging is used. Therefore, the
emissions credit and debit calculation equations do not include terms
for estimating emissions from leakage from gasoline cargo tanks.
(Compliance with subpart R vapor-tightness provisions is not a new
requirement. There is no change to the regulation language regarding
this point.)
E. Recordkeeping and Reporting
Section 63.642(e) is being revised to state that records shall be
maintained in such a manner that they can be readily accessed within 24
hours, rather than be maintained on-site for 2 years. This change is
consistent with the discussion on this issue in section 9 (general
monitoring, recordkeeping and reporting comments) of the background
information document for this rule. This change was not incorporated in
the promulgated rule because of a drafting oversight.
In Sec. 63.654(d), recordkeeping requirement for equipment leaks
are being added that require owners or operators to keep a list of
valves that are designated as ``leakless.'' These valves are exempt
from the valve monitoring requirements. This recordkeeping requirement
is consistent with requirements in equipment leak rules cross-
referenced in this subpart, such as 40 CFR part 60, subpart VV. The
requirement was overlooked when drafting the cross-references to
subpart VV. Owners or operators are also required to identify equipment
in process units that are subject to the rule that are not considered
in organic HAP service, and reciprocating compressors and pumps that
are exempt from equipment leak control requirements. These requirements
are consistent with the hazardous organic NESHAP recordkeeping and
reporting requirements which is cross referenced in the rule.
Section 63.654(h)(1) is being clarified to explicitly state that
reports of startup, shutdown, and malfunction required by
Sec. 63.10(d)(5) do not apply to Group 2 emission points at refineries,
unless they are included in an emission average. This is already stated
in table 6, which shows which portions of the NESHAP general provisions
apply to subpart CC. Table 6 specifies, in footnote b, that
Sec. 63.10(d)(5) does not apply to Group 2 emission points that are not
included in an emission average, but it would be clearer to the reader
to also state this in Sec. 63.654(h)(1).
In table 4 of 40 CFR part 63, subpart CC, the cross-references to
Sec. 63.428 (i) and (j) of 40 CFR part 63, subpart R are being deleted.
These records and reports pertain to recordkeeping provisions of
subpart R that are applicable to facilities that have calculated
emissions from bulk terminals and pipeline breakout stations that fall
below a deminimis level and are not subject to 40 CFR part 63, subpart
CC. In table 6 of subpart CC, the applicability of Sec. 63.6(h) has
been clarified. This requirement is referenced in portions of the HON
rule (40 CFR part 63, subpart G) and the general provisions (40 CFR
part 63, subpart A) relating to flares that are cross-referenced from
subpart CC, and it was incorrectly over-ridden in the table. However,
paragraphs relating strictly to
[[Page 29878]]
opacity remain over-ridden. Paragraphs specifying the timing of the
visible emissions testing also remain over-ridden because
Sec. 63.645(i) has been added to 40 CFR part 63, subpart CC to specify
the timing of the visible emissions tests for flares used to comply
with subpart CC. The timing in Sec. 63.645(i) is consistent with the
date the petroleum refinery notification of compliance status is due,
and will avoid requiring a visible emissions report at a separate time
specified in Sec. 63.6(h).
In table 3 of 40 CFR part 63, subpart CC, the comments on the
recordkeeping and reporting requirements in Sec. 63.182 (b) and (c) are
being corrected to be consistent with exemptions allowed in the text.
II. Cross Referencing and Typographical Errors
Errors in cross-referencing 40 CFR part 63 subparts G and R, 40 CFR
part 60 subpart Kb, and other sections within subpart CC are being
corrected. Typographical errors are also being corrected.
List of Subjects in 40 CFR Parts 60 and 63
Air pollution control, Hazardous air pollutants, Petroleum
refineries, Reporting and recordkeeping requirements.
Dated: April 17, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, parts 60, and 63 of title
40, chapter I, of the Code of Federal Regulations are amended as
follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401-7601.
Subpart VV--[Amended]
2. Section 60.482-10 is amended by revising paragraph (j) to read
as follows:
Sec. 60.482-10 Standards: Closed vent systems and control devices.
* * * * *
(j) Any parts of the closed vent system that are designated, as
described in paragraph (l)(1) of this section, as unsafe to inspect are
exempt from the inspection requirements of paragraphs (f)(1)(i) and
(f)(2) of this section if they comply with the requirements specified
in paragraphs (j)(1) and (j)(2) of this section:
* * * * *
PART 63--[AMENDED]
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CC--[Amended]
4. Section 63.640 is amended by revising paragraphs (b) and (d),
the last sentence of paragraph (f)(5), paragraphs (h)(4), the first
sentence of paragraph (h)(5) introductory text, paragraphs (l)(3)(iv),
by adding paragraphs (h)(3) and (l)(4), revising paragraphs (m)(2) and
(n)(4), as follows:
Sec. 63.640 Applicability and designation of affected source.
* * * * *
(b) For process units that are designed and operated as flexible
operation units, the applicability of this subpart shall be determined
for existing sources based on the expected utilization for the 5 years
following promulgation of this subpart and for new sources based on the
expected utilization for the first 5 years after startup.
* * * * *
(d) The affected source subject to this subpart does not include
the emission points listed in paragraphs (d)(1) through (d)(5) of this
section.
(1) Stormwater from segregated stormwater sewers;
(2) Spills;
(3) Any pump, compressor, pressure relief device, sampling
connection system, open-ended valve or line, valve, or instrumentation
system that is intended to operate in organic hazardous air pollutant
service, as defined in Sec. 63.641 of this subpart, for less than 300
hours during the calendar year;
(4) Catalytic cracking unit and catalytic reformer catalyst
regeneration vents, and sulfur plant vents; and
(5) Emission points routed to a fuel gas system, as defined in
Sec. 63.641 of this subpart. No testing, monitoring, recordkeeping, or
reporting is required for refinery fuel gas systems or emission points
routed to refinery fuel gas systems.
* * * * *
(f) * * *
(5) * * *. This determination shall be reported as specified in
Sec. 63.654(h)(6)(iii).
* * * * *
(h) * * *
(3) Marine tank vessels at existing sources shall be in compliance
with this subpart no later than August 18, 1999 unless the vessels are
included in an emissions average to generate emission credits. Marine
tank vessels used to generate credits in an emissions average shall be
in compliance with this subpart no later than August 18, 1998 unless an
extension has been granted by the Administrator as provided in
Sec. 63.6(i).
(4) Existing Group 1 floating roof storage vessels shall be in
compliance with Sec. 63.646 at the first degassing and cleaning
activity after August 18, 1998, or within 10 years after promulgation
of the rule, whichever is first.
(5) An owner or operator may elect to comply with the provisions of
Sec. 63.648 (c) through (i) as an alternative to the provisions of
Sec. 63.648 (a) and (b). * * *
* * * * *
(l) * * *
(3) * * *
(iv) Reports and notifications required by Sec. 63.182, or 40 CFR
60.487. The requirements of subpart H of this part are summarized in
table 3 of this subpart;
* * * * *
(4) If pumps, compressors, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, or
instrumentation systems are added to an existing source, they are
subject to the equipment leak standards for existing sources in
Sec. 63.648. A notification of compliance status report shall not be
required for such added equipment.
* * * * *
(m) * * *
(2) The compliance schedule shall be submitted within 180 days
after the change is made, unless the compliance schedule has been
previously submitted to the permitting authority. If it is not possible
to determine until after the change is implemented whether the emission
point has become Group 1, the compliance schedule shall be submitted
within 180 days of the date when the affect of the change is known to
the source. The compliance schedule may be submitted in the next
Periodic Report if the change is made after the date the Notification
of Compliance Status report is due.
* * * * *
(n) * * *
(4) After the compliance dates specified in paragraph (h) of this
section, a Group 2 storage vessel that is part of a new source and is
subject to 40 CFR 60.110b, but is not required to apply controls by 40
CFR 60.110b or 60.112b is required to comply only with this subpart.
* * * * *
5. Section 63.641 is amended by revising the definitions of
``Affected source'', ``Emission point'', the last sentence in
``Equipment leak'', ``Group 1 gasoline loading rack'', ``Group 1
[[Page 29879]]
marine tank vessel'', ``Group 1 miscellaneous process vent'', the first
sentence in the introductory text of ``Storage vessel'', and
``Temperature monitoring device'', and by adding a definition for
``Leakless valve'', ``Startup'', and ``Shutdown'' and by adding a
paragraph (13) to the definition for ``Miscellaneous process vent'' to
read as follows:
Sec. 63.641 Definitions.
* * * * *
Affected source means the collection of emission points to which
this subpart applies as determined by the criteria in Sec. 63.640.
* * * * *
Emission point means an individual miscellaneous process vent,
storage vessel, wastewater stream, or equipment leak associated with a
petroleum refining process unit; an individual storage vessel or
equipment leak associated with a bulk gasoline terminal or pipeline
breakout station classified under Standard Industrial Classification
code 2911; a gasoline loading rack classified under Standard Industrial
Classification code 2911; or a marine tank vessel loading operation
located at a petroleum refinery.
Equipment leak * * *. Vents from wastewater collection and
conveyance systems (including, but not limited to wastewater drains,
sewer vents, and sump drains), tank mixers, and sample valves on
storage tanks are not equipment leaks.
* * * * *
Group 1 gasoline loading rack means any gasoline loading rack
classified under Standard Industrial Classification code 2911 that is
located within a bulk gasoline terminal that has a gasoline throughput
greater than 75,700 liters per day. Gasoline throughput shall be the
maximum calculated design throughput for the terminal as may be limited
by compliance with enforceable conditions under Federal, State, or
local law and discovered by the Administrator and any other person.
Group 1 marine tank vessel means a vessel at an existing source
loaded at any land- or sea-based terminal or structure that loads
liquid commodities with vapor pressures greater than or equal to 10.3
kilopascals in bulk onto marine tank vessels, that emits greater than
9.1 megagrams of any individual HAP or 22.7 megagrams of any
combination of HAP annually after August 18, 1999, or a vessel at a new
source loaded at any land- or sea-based terminal or structure that
loads liquid commodities with vapor pressures greater than or equal to
10.3 kilopascals onto marine tank vessels.
Group 1 miscellaneous process vent means a miscellaneous process
vent for which the total organic HAP concentration is greater than or
equal to 20 parts per million by volume, and the total volatile organic
compound emissions are greater than or equal to 33 kilograms per day
for existing sources and 6.8 kilograms per day for new sources at the
outlet of the final recovery device (if any) and prior to any control
device and prior to discharge to the atmosphere.
* * * * *
Leakless valve means a valve that has no external actuating
mechanism.
* * * * *
Miscellaneous process vent * * *
(13) Emissions from wastewater collection and conveyance systems
including, but not limited to, wastewater drains, sewer vents, and sump
drains.
* * * * *
Shutdown means the cessation of a petroleum refining process unit
or a unit operation (including, but not limited to, a distillation unit
or reactor) within a petroleum refining process unit for purposes
including, but not limited to, periodic maintenance, replacement of
equipment, or repair.
Startup means the setting into operation of a petroleum refining
process unit for purposes of production. Startup does not include
operation solely for purposes of testing equipment. Startup does not
include changes in product for flexible operation units.
Storage vessel means a tank or other vessel that is used to store
organic liquids. * * *
Temperature monitoring device means a unit of equipment used to
monitor temperature and having an accuracy of 1 percent of
the temperature being monitored expressed in degrees Celsius or
0.5 deg.C, whichever is greater.
* * * * *
6. Section 63.642 is amended by revising paragraphs (e) and (g) as
follows:
Sec. 63.642 General standards.
* * * * *
(e) Each owner or operator of a source subject to this subpart
shall keep copies of all applicable reports and records required by
this subpart for at least 5 years except as otherwise specified in this
subpart. All applicable records shall be maintained in such a manner
that they can be readily accessed within 24 hours. Records may be
maintained in hard copy or computer-readable form including, but not
limited to, on paper, microfilm, computer, floppy disk, magnetic tape,
or microfiche.
* * * * *
(g) The owner or operator of an existing source subject to the
requirements of this subpart shall control emissions of organic HAP's
to the level represented by the following equation:
EA = 0.02EPV1 + EPV2 +
0.05ES1 + ES2 + EGLR1C +
EGLR2 + (R) EMV1 + EMV2 +
EWW1C + EWW2
where:
EA = Emission rate, megagrams per year, allowed for the source.
0.02EPV1 = Sum of the residual emissions, megagrams per
year, from all Group 1 miscellaneous process vents, as defined in
Sec. 63.641.
EPV2 = Sum of the emissions, megagrams per year, from all
Group 2 process vents, as defined in Sec. 63.641.
0.05ES1 = Sum of the residual emissions, megagrams per
year, from all Group 1 storage vessels, as defined in Sec. 63.641.
ES2 = Sum of the emissions, megagrams per year, from all
Group 2 storage vessels, as defined in Sec. 63.641.
EGLR1C = Sum of the residual emissions, megagrams per
year, from all Group 1 gasoline loading racks, as defined in
Sec. 63.641.
EGLR2 = Sum of the emissions, megagrams per year, from
all Group 2 gasoline loading racks, as defined in Sec. 63.641.
(R)EMV1 = Sum of the residual emissions megagrams per
year, from all Group 1 marine tank vessels, as defined in Sec. 63.641.
R = 0.03 for existing sources, 0.02 for new sources.
EMV2 = Sum of the emissions, megagrams per year from all
Group 2 marine tank vessels, as defined in Sec. 63.641.
EWW1C = Sum of the residual emissions from all Group 1
wastewater streams, as defined in Sec. 63.641. This term is calculated
for each Group 1 stream according to the equation for EWWic in
Sec. 63.652(h)(6).
EWW2 = Sum of emissions from all Group 2 wastewater
streams, as defined in Sec. 63.641.
The emissions level represented by this equation is dependent on the
collection of emission points in the source. The level is not fixed and
can change as the emissions from each emission point
[[Page 29880]]
change or as the number of emission points in the source changes.
* * * * *
7. Section 63.644 is amended by revising the last sentence of
paragraph (d) as follows:
Sec. 63.644 Monitoring provisions for miscellaneous process vents.
* * * * *
(d) * * *. In order to establish the range, the information
required in Sec. 63.654(f)(3) shall be submitted in the Notification of
Compliance Status report.
* * * * *
8. Section 63.645 is amended by revising paragraphs (a) and (h)(2),
and by adding paragraph (i), as follows:
Sec. 63.645 Test methods and procedures for miscellaneous process
vents.
(a) To demonstrate compliance with Sec. 63.643, an owner or
operator shall follow Sec. 63.116 except for Sec. 63.116 (a)(1), (d)
and (e) of subpart G of this part except as provided in paragraphs (b)
through (d) and paragraph (i) of this section.
* * * * *
(h) * * *
(2) Where the recalculated TOC emission rate is greater than 33
kilograms per day for an existing source or greater than 6.8 kilograms
per day for a new source, the owner or operator shall submit a report
as specified in Sec. 63.654 (f), (g), or (h) and shall comply with the
appropriate provisions in Sec. 63.643 by the dates specified in
Sec. 63.640.
(i) A compliance determination for visible emissions shall be
conducted within 150 days of the compliance date using Method 22 of 40
CFR part 60, Appendix A, to determine visible emissions.
9. Section 63.646 is amended by revising paragraphs (a), (d)
introductory text, and (d)(9), and adding (d)(10), as follows:
Sec. 63.646 Storage vessel provisions.
(a) Each owner or operator of a Group 1 storage vessel subject to
this subpart shall comply with the requirements of Secs. 63.119 through
63.121 except as provided in paragraphs (b) through (l) of this
section.
* * * * *
(d) References shall apply as specified in paragraphs (d)(1)
through (d)(10) of this section.
* * * * *
(9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) of
subpart G are not applicable. For sources subject to this subpart, such
references shall mean that 40 CFR 61.355 is applicable.
(10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of
subpart G are not applicable. For sources subject to this subpart, such
references shall mean that Sec. 63.647 of this subpart is applicable.
* * * * *
10. Section 63.648 is amended by revising the first sentences of
paragraphs (c)(9) and (c)(10) as follows:
Sec. 63.648 Equipment leak standards.
* * * * *
(c) * * *
(9) When complying with the requirements of Sec. 63.168(e)(3)(i),
non-repairable valves shall be included in the calculation of percent
leaking valves the first time the valve is identified as leaking and
non-repairable. * * *
(10) If in phase III of the valve standard any valve is designated
as being leakless, the owner or operator has the option of following
the provisions of 40 CFR 60.482-7(f). * * *
* * * * *
11. Section 63.650 is amended by revising paragraph (a) as follows:
Sec. 63.650 Gasoline loading rack provisions.
(a) Except as provided in paragraphs (b) through (c) of this
section, each owner or operator of a gasoline loading rack classified
under Standard Industrial Classification code 2911 located within a
contiguous area and under common control with a petroleum refinery
shall comply with subpart R, Secs. 63.421, 63.422 (a) through (c),
63.425 (a) through (c), 63.425 (e) through (h), 63.427 (a) and (b), and
63.428 (b), (c), (g)(1), and (h)(1) through (h)(3).
* * * * *
12. Section 63.651 is amended by revising paragraph (a) and adding
paragraph (d), as follows:
Sec. 63.651 Marine tank vessel loading operation provisions.
(a) Except as provided in paragraphs (b) through (d) of this
section, each owner or operator of a marine tank vessel loading
operation located at a petroleum refinery shall comply with the
requirements of Secs. 63.560 through 63.567.
* * * * *
(d) The compliance time of 4 years after promulgation of 40 CFR
part 63, subpart Y does not apply. The compliance time is specified in
Sec. 63.640(h)(3).
13. Section 63.652 is amended by revising the equation in paragraph
(h)(1) introductory text (the definitions to the equation remain
unchanged) to read as follows:
Sec. 63.652 Emissions averaging provisions.
* * * * *
(h) * * *
(1) * * *
[[Page 29881]]
[GRAPHIC] [TIFF OMITTED] TR12JN96.000
* * *
* * * * *
14. Section 63.653 is amended by revising paragraph (a)(4) as
follows:
Sec. 63.653 Monitoring, recordkeeping, and implementation plan for
emission averaging.
(a) * * *
(4) For each gasoline loading rack that is controlled, perform the
testing and monitoring procedures specified in Secs. 63.425 and 63.427
of subpart R of this part except Sec. 63.425(d) or Sec. 63.427(c).
* * * * *
15. Section 63.654 is amended by revising paragraphs (d)
introductory text, (d)(3), adding paragraphs (d)(4), (d)(5), and
(d)(6), revising the first sentence of paragraph (g)(6)(iii), and
revising paragraphs (g)(8)(ii)(B) and (h)(1), as follows:
Sec. 63.654 Reporting and recordkeeping requirements.
* * * * *
(d) Each owner or operator subject to the equipment leaks standards
in Sec. 63.648 shall comply with the recordkeeping and reporting
provisions in paragraphs (d)(1) through (d)(6) of this section.
* * * * *
(3) An owner or operator who determines that a compressor qualifies
for the hydrogen service exemption in Sec. 63.648 shall also keep a
record of the demonstration required by Sec. 63.648.
(4) An owner or operator must keep a list of identification numbers
for valves that are designated as leakless per Sec. 63.648(c)(10).
(5) An owner or operator must identify, either by list or location
(area or refining process unit), equipment in organic HAP service less
than 300 hours per year within refining process units subject to this
subpart.
(6) An owner or operator must keep a list of reciprocating pumps
and compressors determined to be exempt from seal requirements as per
Secs. 63.648 (f) and (i).
* * * * *
(g) * * *
(6) * * *
(iii) Periods of startup and shutdown that meet the definition of
Sec. 63.641, and malfunction that meet the definition in Sec. 63.2 and
periods of performance testing and monitoring system calibration shall
not be considered periods of excess emissions. * * *
(8) * * *
(ii) * * *
(B) The information required to be reported by Sec. 63.428 (h)(1),
(h)(2), and (h)(3) for each gasoline loading rack included in an
emissions average, unless this information has already been submitted
in a separate report;
* * * * *
(h) * * *
(1) Reports of startup, shutdown, and malfunction required by
Sec. 63.10(d)(5). Records and reports of startup, shutdown, and
malfunction are not required if they pertain solely to Group 2 emission
points, as defined in Sec. 63.641, that are not included in an
emissions average. For purposes of this paragraph, startup and shutdown
shall have the meaning defined in Sec. 63.641, and malfunction shall
have the meaning defined in Sec. 63.2; and
* * * * *
16. Table 3 in the appendices to subpart CC is amended by revising
entries 63.182(b) and 63.182 (c) to read as follows:
Table 3.--Equipment Leak Recordkeeping and Reporting Requirements for
Sources Complying With Sec. 63.648 of Subpart CC by Compliance With
Subpart H of This Part a
------------------------------------------------------------------------
Reference (section of
subpart H of this part) Description Comment
------------------------------------------------------------------------
* * * *
* * *
63.182(b)................... Initial notification Not required.
report requirements.
63.182(c)................... Notification of Except in Sec.
compliance status 63.182(c); change
report. ``within 90 days of
the compliance
dates'' to ``within
150 days of the
compliance dates'';
except in Secs.
63.182 (c)(2) and
(c)(4).
* * * *
* * *
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the
referenced sections. See referenced sections for specific
requirements.
[[Page 29882]]
* * * * *
17. Table 4 in the appendices to subpart CC is revised to read as
follows:
Table 4.--Gasoline Distribution Emission Point Recordkeeping and
Reporting Requirements a
------------------------------------------------------------------------
Reference (section of
subpart R of this part) Description Comment
------------------------------------------------------------------------
63.428(b)................... Records of test
results for each
gasoline cargo tank
loaded at the
facility.
63.428(c)................... Continuous
monitoring data
recordkeeping
requirements.
63.428(g)(1)................ Semiannual report Required to be
loading rack submitted with the
information. periodic report
required under 40
CFR part 63 subpart
CC.
63.428 (h)(1) through (h)(3) Excess emissions Required to be
report loading rack submitted with the
information. periodic report
required under 40
CFR part 63 subpart
CC.
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the
referenced sections. See referenced sections for specific
requirements.
* * * * *
18. Table 6 in the appendices to subpart CC is amended by revising
entries 63.6(h) (1) and (2), 63.6(h) (4) and (5), 63.6(h)(6) and
63.6(h) (7) through (9) to read as follows:
Table 6.--General Provisions Applicability to Subpart CC a
------------------------------------------------------------------------
Applies to
Reference subpart CC b Comment
------------------------------------------------------------------------
* * * *
* * *
63.6(h) (1) and (2).......... Yes
63.6(h) (4) and (5)........... No Visible emission
requirements and
timing in subpart
CC.
63.6(h)(6).................... Yes
63.6(h) (7) through (9)....... No Subpart CC does not
require opacity
standards.
* * * *
* * *
------------------------------------------------------------------------
* * * * *
19. Table 8 in the appendices to subpart CC is amended by revising
the heading of the table, as follows:
Table 8.--Valve Monitoring Frequency for Phase III
* * *
* * * * *
[FR Doc. 96-10382 Filed 6-11-96; 8:45 am]
BILLING CODE 6560-50-P
