[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43244-43297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20252]




[[Page 43243]]

_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 9, et al.



National Emission Standards for Hazardous Air Pollutants: Petroleum 
Refineries; Final Rule

  Federal Register / Vol. 60, No. 160 / Friday, August 18, 1995 / Rules 
and Regulations   

[[Page 43244]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9, 60 and 63

[AD-FRL-5272-1]
RIN 2060-AD94


National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule promulgates national emission standards for 
hazardous air pollutants (NESHAP) for petroleum refineries. This rule 
implements section 112 of the Clean Air Act (Act) and are based on the 
Administrator's determination that petroleum refineries emit organic 
hazardous air pollutants (HAPs) identified on the EPA's list of 189 
HAPs. The health effects of exposure to HAPs can include cancer, 
respiratory irritation and damage to the nervous system. The petroleum 
refinery NESHAP requires petroleum refineries located at major sources 
to meet emission standards reflecting the application of the maximum 
achievable control technology (MACT), consistent with sections 112(d) 
and (h) of the Act. The petroleum refinery affected source is defined 
to include petroleum refinery process units, marine tank vessel loading 
operations, and gasoline loading rack operations classified under 
Standard Industrial Classification (SIC) code 2911 emission points 
located at petroleum refineries. The petroleum refinery affected source 
and source category description are revised to reflect the inclusion of 
these emission points. This action also amends two standards of 
performance for two stationary sources: Standards of performance for 
equipment leaks of volatile organic compounds (VOC) in the synthetic 
organic chemicals manufacturing industry (SOCMI); and standards of 
performance for VOC emissions from petroleum refinery wastewater 
systems. The amended standards were previously promulgated under 
section 111 of the Act.

EFFECTIVE DATE: August 18, 1995. See the Supplementary Information 
section concerning judicial review.

ADDRESSES: Docket. Docket No. A-93-48, containing information 
considered by the EPA in development of the promulgated standards, is 
available for public inspection between 8 a.m. and 4 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. The docket is located at the above address 
in Room M-1500, Waterside Mall (ground floor). A reasonable fee may be 
charged for copying.
    Response to Comment Document. The response to comment document for 
the promulgated standards may be obtained from the U.S. EPA Library 
(MD-35), Research Triangle Park, North Carolina 27711, telephone (919) 
541-2777; or from the National Technical Information Services, 5285 
Port Royal Road, Springfield, Virginia 22151, telephone (703) 487-4650. 
Please refer to ``National Emission Standards for Hazardous Air 
Pollutants, Petroleum Refineries-Background Information for Final 
Standards, Summary of Public Comments and Responses'' (EPA No.-453/R-
95-015b). The document contains: (1) A summary of all the public 
comments made on the proposed standards and the Administrator's 
response to the comments; and (2) a summary of the changes made to the 
standards since proposal. This document is also available for 
downloading from the Technology Transfer Network (see below) under the 
Clean Air Act, Recently Signed Rules.
    Technology Transfer Network. The Technology Transfer Network is one 
of the EPA's electronic bulletin boards. The Technology Transfer 
Network provides information and technology exchange in various areas 
of air pollution control. The service is free except for the cost of a 
phone call. Dial (919) 541-5472 for up to a 14,400 bps modem. If more 
information on the Technology Transfer Network is needed call the HELP 
line at (919) 541-5384.

FOR FURTHER INFORMATION CONTACT: For information concerning the final 
standards, 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: Judicial Review. National emission standards 
for HAP's for petroleum refineries were proposed in the Federal 
Register (FR) on July 15, 1994 (59 FR 36130). This Federal Register 
action announces the EPA's final decisions on the rule. Under section 
307(b)(1) of the Act, judicial review of the NESHAP is available only 
by the petition for review in the U.S. Court of Appeals for the 
District of Columbia Circuit within 60 days of today's publication of 
this final rule. Under section 307(b)(2) of the Act, the requirements 
that are the subject of today's notice may not be challenged later in 
civil or criminal proceedings brought by the EPA to enforce these 
requirements.
    The following outline is provided to aid in reading the preamble to 
the final regulation.

I. Background
II. Summary of Considerations in Developing the Rule
    A. Purpose of Regulation
    B. Technical Basis of Regulation
    C. Stakeholder and Public Participation
III. Summary of Promulgated Standards
    A. Miscellaneous Process Vent Provisions
    B. Storage Vessel Provisions
    C. Wastewater Provisions
    D. Equipment Leak Provisions
    E. Marine Vessel Loading and Unloading, Bulk Gasoline Terminal 
or Pipeline Breakout Station Storage Vessels, and Bulk Gasoline 
Terminal Loading Rack Provisions
    F. Recordkeeping and Reporting Provisions
    G. Emissions Averaging
IV. Summary of Impacts
V. Significant Comments and Changes to the Proposed Standards
    A. Process Vents Group Determination
    B. Process Vent Impacts
    C. Equipment Leaks Compliance Requirements
    D. Storage Vessels
    E. Overlapping Regulations
    F. Source Category Definition
    G. Emissions Averaging
    H. Monitoring, Recordkeeping, and Reporting
    I. Subcategorization
    J. Economic Analysis
    K. Benefits Analysis
    L. Emissions Data
VI. Changes to NSPS
VII. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Regulatory Flexibility Act
    E. Unfunded Mandates

I. Background

    Section 112(b) of the Act lists 189 HAP's and directs the EPA to 
develop rules to control all major and some area sources emitting 
HAP's. On July 16, 1992 (57 FR 31576), the EPA published a list of 
major and area sources for which NESHAP are to be promulgated. 
Petroleum refineries were listed as a category of major sources. On 
December 3, 1993 (58 FR 83941), the EPA published a schedule for 
promulgating standards for the listed major and area sources. Standards 
for the petroleum refinery source category for sources not distinctly 
listed were scheduled for promulgation on November 15, 1994. The EPA is 
promulgating these standards under a July 28, 1995 court-ordered 
deadline. 

[[Page 43245]]


II. Summary of Considerations in Developing the Rule

A. Purpose of Regulation

    The Act was developed, in part,

    To protect and enhance the quality of the Nations air resources 
so as to promote the public health and welfare and the productive 
capacity of its population (the Act, section 101(b)(1)).

Petroleum refineries are major sources of HAP emissions. Individual 
refineries emit over 23 megagrams per year (Mg/yr) (25 tons per year 
(tpy)) of organic HAP's including benzene, toluene, ethyl benzene, and 
other HAP's. The HAP's controlled by this rule are associated with a 
variety of adverse health effects. The range of adverse health effects 
include cancer and a number of other chronic health disorders (e.g., 
aplastic anemia, pancytopenia, pernicious anemia, pulmonary (lung) 
structural changes) and a number of acute health disorders (e.g., 
dyspnea (difficulty in breathing), upper respiratory tract irritation 
with cough, conjunctivitis, neurotoxic effects (e.g., visual blurring, 
tremors, delirium, unconsciousness, coma, convulsions). Table 1 
presents the 11 most significant organic HAP's emitted from the 
petroleum refineries. Petroleum refineries also emit inorganic HAP's 
(e.g., hydrogen fluoride, hydrogen chloride). Inorganic HAP emissions 
from the emission points covered under this rule are low relative to 
organic HAP emissions. Emission points emitting inorganic HAP's are 
included in a separate source category under a separate schedule.

Table 1.--Significant Hazardous Air Pollutants From Petroleum Refineries
                        [Hazardous Air Pollutant]                       
                                                                        
                                                                        
2,2,4-Trimethylpentane                                        Methyl    
                                                               tert     
                                                              butyl     
                                                               ether.   
Benzene                                                       Naphthalen
                                                               e.       
Cresols/cresylic acid                                         Phenol.   
Ethylbenzene                                                  Toluene.  
Hexane                                                        Xylenes.  
Methyl ethyl ketone                                                     

    The catalytic cracking unit catalyst regeneration vent emits 
primarily metal HAP's, which would be controlled using particulate 
controls. Catalytic reformer catalyst regeneration vents emit hydrogen 
chloride, and sulfur plant vents emit carbonyl sulfide and carbon 
disulfide. Because of these compounds' unique characteristics, the EPA 
concluded that these emission points warranted separate consideration 
for control of inorganic HAP's. Because limited data are currently 
available, these emission points are included in a separate source 
category under a separate schedule.
    The Regulatory Impacts Analysis (RIA) presents the results of an 
examination of the potential health and welfare benefits associated 
with air emission reductions projected as a result of implementation of 
the petroleum refinery NESHAP. Of the pollutants emitted by petroleum 
refineries, some are classified as VOC, which are ozone precursors. 
Benefits from HAP emission reductions are presented separately from the 
benefits associated specifically with VOC emission reductions.
    The predicted emissions of a few HAP's associated with this 
regulation have been classified as possible, probable, or known human 
carcinogens. Benzene and cresols are the two HAP's identified as 
carcinogens.
    Benzene is classified as a class A or a known human carcinogen. 
Benzene is a concern to the EPA because long term exposure to this 
chemical causes an increased risk of cancer in humans, and is also 
associated with aplastic anemia, pancytopenia, chromosomal breakages, 
and weakening of the bone marrow.
    Cresols are classified as class C or possible human carcinogens. 
For this HAP, there is either inadequate data or no data on human 
carcinogenicity. Therefore, while cancer risk is a possibility, there 
is not sufficient evidence to quantify the increased cancer risk to 
humans caused by these chemicals.
    There are serious health effects reported from exposure to some of 
the noncarcinogenic HAP's. These serious health effects typically occur 
at higher levels of exposure than estimated for the regulatory 
baseline. Exposure to phenol is very toxic to animals and increases 
mortality, but there is little human data. Exposure to n-hexane can 
cause polyneuropathy (muscle weakness and numbness) in humans, and 
exposure to naphthalene is linked to cataracts and anemia in human 
infants. It is also possible that there are less serious health effects 
in the regulatory baseline from exposure to these HAP's.
    Emissions of VOC have been associated with a variety of health and 
welfare impacts. Volatile organic compound emissions, together with 
nitrogen oxides (NOX), are precursors to the formation of 
tropospheric ozone. Exposure to ambient ozone is responsible for a 
series of health impacts, such as alterations in lung capacity; eye, 
nose, and throat irritation; malaise and nausea; and aggravation of 
existing respiratory disease. Among the welfare impacts from exposure 
to ambient ozone include damage to selected commercial timber species 
and economic losses for commercially valuable crops such as soybeans 
and cotton.
    Based on existing data, the benefits associated with reduced HAP 
and VOC emissions were quantified. The quantification of dollar 
benefits for all benefit categories is not possible at this time 
because of limitations in both data and available methodologies. 
Although an estimate of the total reduction in HAP emissions for 
various regulatory alternatives has been developed for the RIA, it has 
not been possible to identify the speciation of the HAP emission 
reductions for each type of emission point. However, an estimate of HAP 
speciation for equipment leaks has been made. Using emissions data for 
equipment leaks and the Human Exposure Model (version 1), the annual 
cancer risk caused by HAP emissions from petroleum refineries was 
estimated. Generally, this benefit category is calculated as the 
difference in estimated annual cancer incidence before and after 
implementation of each regulatory alternative. Since the annual cancer 
incidence associated with baseline conditions was less than one life 
per year, the cancer benefits associated with HAP reductions for the 
petroleum refinery NESHAP were determined to be low. Therefore, these 
quantified benefits are not part of the overall quantified benefits 
estimate for the analysis.
    The benefits of reduced emissions of VOC from a MACT regulation of 
petroleum refineries were quantified using the technique of ``benefits 
transfer.'' Because analysis by the Office of Technology Assessment 
from which benefits transfer values were obtained only estimated acute 
health benefits in ozone nonattainment areas, the transfer values can 
be applied to VOC reductions occurring only in ozone nonattainment 
areas. The range of benefit transfer values used in this analysis is 
from $25 to $1,574 per megagram (Mg) ($23 to $1,431 per ton) of VOC 
with an average of $800/Mg ($727/ton) of VOC.
    In order to quantify benefits from VOC emission reductions, the 
average value is multiplied by VOC emission reductions from petroleum 
refineries in ozone nonattainment areas. Estimated annual benefits for 
VOC reductions are $108.8 million for selected regulatory alternatives. 
The quantified annual 

[[Page 43246]]
benefits exceed annual compliance costs by $29.8 million (1992 
dollars).
    The promulgated NESHAP will reduce HAP emissions from petroleum 
refineries by 59 percent. Table 2 presents the national baseline 
emissions and emission reductions for petroleum refinery process vents, 
storage vessels, wastewater, and equipment leaks. The emissions 
reductions for controlling gasoline loading racks and the marine vessel 
loading emission points are discussed in supporting material for the 
Gasoline Distribution (Stage I) and the Marine Vessel Loading 
Operations rules.

                        Table 2.--National Primary Air Pollution Impact in the Fifth Year                       
----------------------------------------------------------------------------------------------------------------
                                     Baseline emissions (Mg/                  Emission reductions               
                                               yr)           ---------------------------------------------------
              Source               --------------------------          (Mg/yr)                  (Percent)       
                                                             ---------------------------------------------------
                                        HAP          VOC          HAP          VOC          HAP          VOC    
----------------------------------------------------------------------------------------------------------------
Miscellaneous process vents.......       10,000      109,000        6,700       85,000           67           78
Equipment leaks...................       52,000      189,000       40,000      146,000           77           77
Storage vessels...................        9,300      111,000        1,300       21,000           14           19
Wastewater collection and                                                                                       
 treatment........................       10,000       10,000          (a)          (a)          (a)          (a)
                                   -----------------------------------------------------------------------------
      Total.......................       81,300      419,000       48,000      252,000           59          60 
----------------------------------------------------------------------------------------------------------------
a The MACT level of control is no additional control.                                                           

B. Technical Basis of Regulation

    National emission standards for major sources of HAP's established 
under section 112 of the Act reflect MACT or:

    * * * the maximum degree of reduction in emissions of the HAP * 
* * that the Administrator, taking into consideration the cost of 
achieving such emission reduction, and any nonair quality health and 
environmental impacts and energy requirements, determine is 
achievable for new or existing sources in the category or 
subcategory to which such emission standard applies * * * (the Act 
section 112(d)(2)).

    Prior to proposal, section 114 questionnaires, information 
collection requests (ICR's), and telephone surveys were used to obtain 
information on emissions, emissions control, and emissions control 
costs for petroleum refinery emission points. Section 114 
questionnaires were sent out to nine large refineries, of approximately 
130 existing petroleum refineries nationally, to obtain emissions and 
emissions control information for equipment leaks, wastewater, process 
vents, and storage vessel emission points located in a petroleum 
refinery. The ICR's were sent out to the refineries that were not sent 
section 114 questionnaires to obtain information on emissions control 
equipment and emissions for process vents, storage vessels, and 
equipment leaks emission points. A telephone survey of equipment 
vendors was conducted to obtain leak detection and repair (LDAR) cost 
information.
    Data and information were received for approximately 130 petroleum 
refineries. This information was used, in part, as the technical basis 
in determining the MACT level of control for the process units covered 
under this rule. In addition to information collected from industry, 
the EPA used information on refinery locations and processes available 
in the general literature. The EPA also used control technology 
performance and cost information developed under previous rulemakings 
for the petroleum and chemical industries, such as the petroleum 
refinery new source performance standard (NSPS), benzene NESHAP, and 
synthetic organic chemical manufacturing industry (SOCMI) standards. 
The EPA also considered existing State regulations and additional 
information received during the public comment period for the proposed 
rule in developing the final rule.

C. Stakeholder and Public Participation

    In the development of this rule, numerous representatives of the 
petroleum refinery industry were consulted prior to proposal. Industry 
representatives have included trade associations, and refiners 
responding to section 114 questionnaires, ICR's, and telephone surveys. 
Representatives from State agencies and the EPA regions were also 
consulted and participated in the development of the rule.
    The standards were proposed and published in the Federal Register 
on July 15, 1994 (59 FR 36130). The preamble to the proposed standard 
describes the rationale for the proposed rule. Public comments were 
solicited at the time of proposal.
    To provide interested persons the opportunity for oral presentation 
of data, views, or arguments concerning the proposed standards, a 
public hearing was offered at proposal. A public hearing was held in 
Research Triangle Park, North Carolina, on August 5, 1994. The hearing 
was open to the public and four persons presented oral testimony. The 
public comment period was from July 15, 1994 to September 13, 1994. 
Sixty-two comment letters were received. Commenters included industry 
representatives, States, environmental organizations, and others. The 
comments have been carefully considered, and changes have been made in 
the proposed standards when determined by the Administrator to be 
appropriate. A detailed discussion of these comments and responses can 
be found in the Response of Comment Document, which is referenced in 
the ADDRESSES section of this preamble. The summary of comments and 
responses in the document serve as the basis for the revisions that 
have been made to the standards between proposal and promulgation. 
Section V of this preamble discusses the major comments that resulted 
in changes to the standards.

III. Summary of Promulgated Standards

    The promulgated standard applies to petroleum refining process 
units as well as other colocated emission points that are part of a 
plant site that is a major source as defined in section 112 of the Act. 
The determination of potential to emit, and therefore major source 
status, is based on the total of all HAP emissions from all activities 
at the plant site. The applicability section of the regulation 
specifies what is included in the petroleum refining source category 
and defines the sources regulated by the NESHAP.
    The general standards consist of compliance dates for new and 
existing sources, require sources to be properly operated and 
maintained at all times, and clarify the applicability of the NESHAP 
General Provisions (40 Code of Federal Regulations (CFR) part 63, 
subpart A) to sources subject to subpart CC.

[[Page 43247]]

    The affected source comprises the miscellaneous process vents, 
storage vessels, wastewater streams, and equipment leaks associated 
with petroleum refining process units, and marine tank vessel loading 
operations and gasoline loading racks classified under SIC code 2911 
located at a refinery. The inclusion of marine tank vessel loading 
operations and gasoline loading racks in the definition of the 
petroleum refinery affected source and source category is a revision 
from the proposal. These emission points have been included as part of 
the petroleum refinery affected source and source category to permit an 
owner or operator of a petroleum refinery to average emissions among 
emission points collocated at the refinery to comply with the 
standards. These standards do not apply to distillation units located 
at pipeline pumping stations whose primary purpose is to produce fuel 
to operate turbines and internal combustion engines at the pipeline 
pumping stations. A summary of the specific provisions that apply to 
each of the emission points contained within a petroleum refinery 
affected source follows. All of the specified provisions for each of 
the covered emission points allow for, or are based on and encourage, 
pollution prevention.
    These standards do not address three vents that will be subject to 
future NESHAP standards. These are the catalyst regeneration vents on 
catalytic cracking units and catalytic reforming units (CRU's) and 
vents from sulfur recovery units (SRU's). Industry is concerned that 
standards for these three vents will require the use of control 
technologies designed to reduce non-HAP emissions and will preclude the 
use of alternatives that can achieve comparable HAP control at a lower 
cost. The EPA recognizes that standards should be structured on a 
performance basis wherever possible to ensure that industry is provided 
the flexibility to seek out and implement cost-effective controls. The 
EPA's existing standards for sulfur dioxide and particular matter 
emissions from new FCCU catalyst regenerator vents demonstrate such 
recognition. The allowable emissions were expressed in terms of the 
amount of coke burned off the catalyst in order to provide industry 
with the flexibility to comply through operational changes or through 
traditional end-of-pipe controls or a combination of the two. The EPA 
has every intention to ensure that future rules also provide similar 
flexibility.

A. Miscellaneous Process Vent Provisions

    Miscellaneous process vents include vents from petroleum refining 
process units that emit organic HAP's. Vents that are routed to the 
refinery fuel gas system are considered to be part of the process and 
are not subject to the standard. The miscellaneous process vent 
provisions define two groups of vents. Group 1 process vents are those 
with VOC emissions greater than or equal to 33 kilograms per day (kg/
day) (72 pounds per day (lb/day)) for existing sources and 6.8 kg/day 
(15 lb/day) for new sources. Group 2 vents are vents with emissions 
below these levels.
    The miscellaneous process vent provisions for new and existing 
sources require the owner or operator of a Group 1 miscellaneous 
process vent to reduce organic HAP emissions by 98 percent or to less 
than 20 parts per million by volume (ppmv), or to reduce emissions 
using a flare meeting the requirements of Sec. 63.11(b) of the NESHAP 
General Provisions (40 CFR part 63, subpart A).
    Monitoring requirements for Group 1 vents include an initial 
performance demonstration and monitoring of control device operating 
parameters. The owner could also comply by reducing emissions from a 
Group 1 process vent to less than 33 kg/day (72 lb/day) for existing 
sources and 6.8 kg/day (15 day) for new sources, thereby converting it 
to a Group 2 process vent. No controls or monitoring are required for 
Group 2 process vents.

B. Storage Vessel Provisions

    The storage vessel provisions define two groups of vessels: Group 1 
vessels are vessels with a design storage capacity and a maximum true 
vapor pressure above the values specified in the regulation. Group 2 
vessels are all storage vessels that are not Group 1 vessels. The 
storage vessel provisions require that one of the following control 
systems be applied to Group 1 storage vessels: (1) An internal floating 
roof (IFR) with proper seals; (2) an external floating roof (EFR) with 
proper seals; (3) an EFR converted to an IFR with proper seals; or (4) 
a closed vent system to a control device that reduces HAP emissions by 
95 percent or to 20 ppmv. The storage provisions give details on the 
type of seals required. Monitoring and compliance provisions for Group 
1 vessels include periodic external visual inspections of vessels and 
roof seals, as well as less frequent internal inspections. If a closed 
vent system and control device is used for venting emissions from Group 
1 storage vessels, the owner or operator must establish appropriate 
monitoring procedures. No controls or inspections are required for 
Group 2 storage vessels.
    For existing sources, the final rule requires that fixed roof tanks 
with capacities greater than or equal to 177 cubic meters (m3) 
(47,000 gallons (gal)) that store liquids containing more than 4 
percent organic HAP with vapor pressures greater than 10.4 kilopascals 
(kPa) (1.5 pounds per square inch absolute (psia)) comply fully with 
the rule within 3 years. If an owner or operator must replace an 
existing fixed roof tank in order to comply with the rule, it would be 
reasonable for the State to grant an additional year to comply as 
authorized under section 112(i)(3)(B) of the Act (a total of four 
years). This additional time would allow time to design and construct 
tanks without disrupting refinery operations that could create 
additional emissions. Owners or operators of IFR or EFR tanks are 
allowed to defer upgrading of their seals to meet the NESHAP 
requirements until the next scheduled inspection and maintenance 
activity or within 10 years, whichever comes first.
    For new sources, the final rule requires that vessels with 
capacities greater than or equal to 151 m3 (40,000 gal), that 
store liquids containing more than 2 percent organic HAP with vapor 
pressures equal to or greater than 3.4 kPa (0.5 psia), and vessels with 
capacities equal to or greater than 76 m3 (20,000 gal) storing 
liquids containing more than 2 percent organic HAP with vapor pressures 
equal to or greater than 77 kPa (11.1 psia) comply with the level of 
control required by 40 CFR part 63, subpart G (including the controlled 
fitting requirements).

C. Wastewater Provisions

    The wastewater provisions define two groups of wastewater streams. 
Group 1 streams are those that are located at a refinery with a total 
annual benzene loading of at least 10 megagrams per year (Mg/yr) (11 
tpy) and are not exempt from control requirements under 40 CFR part 61, 
subpart FF (the benzene waste operations NESHAP or BWON). In general, 
streams are not exempt from 40 CFR part 61 subpart FF if they contain a 
concentration of at least 10 parts per million by weight (ppmw) 
benzene, and have a flow rate of at least 0.02 liters per minute (L/
min) (0.005 gallons per minute (gal/min)). Group 2 streams are 
wastewater streams that are not Group 1.
    The wastewater provisions of the final rule refer to the BWON for 
both new and existing sources, which requires owners or operators of a 
Group 1 wastewater stream to reduce benzene 

[[Page 43248]]
mass emissions by 99 percent using suppression followed by steam 
stripping, biotreatment, or other treatment processes. Vents from steam 
strippers and other waste management or treatment units are required to 
be controlled by a control device achieving 95 percent emissions 
reduction or 20 ppmv at the outlet of the control device. The 
performance tests, monitoring, reporting, and recordkeeping provisions 
required to demonstrate compliance are included in the BWON. No 
controls or monitoring are required for Group 2 wastewater streams.

D. Equipment Leak Provisions

    The equipment leak standards for the petroleum refinery NESHAP 
allow owners or operators of existing sources to choose between 
complying with equipment leaks provisions in 40 CFR part 60, subpart VV 
(NSPS for Equipment Leaks) or complying with a modified negotiated 
regulation for equipment leaks presented in 40 CFR part 63, subpart H 
(Hazardous Organic NESHAP or HON equipment leaks). The differences in 
the NSPS equipment leak requirements and the HON equipment leak 
requirements are in the leak definitions and connector monitoring 
provisions.
    Under either of the two options, existing refineries subject to the 
rule will be required to implement a LDAR program with the same leak 
definitions (10,000 parts per million (ppm)) and frequencies as 
specified in 40 CFR part 60, subpart VV within 3 years after 
promulgation of the petroleum refineries NESHAP. Refineries that choose 
to comply with the modified negotiated regulation would implement the 
Phase II leak definitions and frequencies at the end of the fourth 
year, and comply with Phase III requirements 5\1/2\ years after 
promulgation. Phase III defines a leak at a lower level, but allows 
less frequent monitoring for good performers. Although the modified 
negotiated regulation is not required in the final rule, the EPA 
believes that it would provide greater emission reductions and, in many 
cases, would be more cost effective than 40 CFR part 60, subpart VV and 
could even provide cost savings. Cost savings would occur because it 
would reduce equipment leak product loss, and facilities with a low 
percentage of leaking valves would be able to monitor less frequently, 
thereby reducing monitoring costs.
    New sources must comply at startup with the modified negotiated 
regulation; pumps and valves at new sources must be in compliance with 
the Phase II requirements at startup rather than Phase I. This is 
consistent with the negotiated rule (40 CFR part 63, subpart H).

E. Marine Tank Vessel Loading and Gasoline Loading Rack Provisions

    The final refineries NESHAP requires marine tank vessel loading 
operations at refineries to comply with the marine loading NESHAP (40 
CFR part 63, subpart Y) unless they are included in an emissions 
average. Gasoline loading racks classified under SIC code 2911 at 
refineries are required to comply with the 40 CFR part 63, subpart R 
loading rack provisions unless they are included in an emissions 
average.

F. Recordkeeping and Reporting Provisions

    The final rule requires that petroleum refineries subject to 40 CFR 
part 63, subpart CC maintain required records for a period of at least 
5 years. The final rule requires that the following reports be 
submitted: (1) A Notification of compliance status report, (2) periodic 
reports, and (3) other reports (e.g., notifications of storage vessel 
internal inspections; startup, shutdown, and malfunction reports).

G. Emissions Averaging

    The EPA is allowing emissions averaging among existing 
miscellaneous process vents, storage vessels, wastewater streams, 
marine tank vessel loading operations, and gasoline loading racks 
classified under SIC code 2911 located at a refinery. New sources are 
not allowed to use emissions averaging. Under emissions averaging, a 
system of emission ``credits'' and ``debits'' is allowed to determine 
whether a source is achieving the required emission reductions.

IV. Summary of Impacts

    The impacts presented in this section include process vents, 
storage vessels, equipment leaks, and wastewater streams from petroleum 
refinery process units. Impacts for control of marine tank vessel 
loading operations and gasoline loading rack operations classified 
under SIC code 2911 located at refineries are presented in the 
background documentation for 40 CFR part 63, subparts Y and R.
    These standards will reduce nationwide emissions of HAP from 
petroleum refineries by 48,000 Mg/yr (53,000 tpy), or 59 percent by 
1998 compared to the emissions that would result in the absence of 
standards. No adverse secondary air impacts, water or solid waste 
impacts are anticipated from the promulgation of these standards.
    The national electric usage required to comply with the rule is 
expected to increase by 48 million kilowatt-hours per year, which is 
equivalent to approximately 77,500 barrels of oil.
    The implementation of this regulation is expected to result in an 
overall annual national cost of $79 million. This includes a cost of 
$59 million from operation of control devices, and a monitoring, 
recordkeeping, and reporting cost of $20 million. The monitoring, 
reporting, and recordkeeping cost has been reduced by 25 percent from 
proposal. Table 3 presents the national control cost impacts for 
petroleum refinery process vents, storage vessels, wastewater, and 
equipment leaks. The control costs for gasoline loading racks and 
marine tank vessel loading operations are discussed in supporting 
material for the Gasoline Distribution (Stage I) and the Marine Vessel 
Loading Operations rules.

                            Table 3.--National Control Cost Impacts in the Fifth Year                           
----------------------------------------------------------------------------------------------------------------
                                                                                    Average HAP     Average VOC 
                                                      Total a     Total a annual       cost            cost     
                     Source                        capital costs  costs ($10 \6\/  effectiveness   effectiveness
                                                    b ($10 \6\)         yr)         ($/Mg HAP)      ($/Mg VOC)  
----------------------------------------------------------------------------------------------------------------
Miscellaneous process vents.....................          21 (2)          12 (1)           1,800             140
Equipment leaks.................................        142 (16)         58 (17)           1,500             400
Storage vessels.................................          48 (1)           8 (1)           6,100             380
Wastewater collection and treatment.............             (c)             (c)             (c)             (c)
Other recordkeeping and reporting...............               2               1             (d)             (d)
                                                 ---------------------------------------------------------------

[[Page 43249]]
                                                                                                                
      Total.....................................        213 (21)         79 (20)           1,600            310 
----------------------------------------------------------------------------------------------------------------
a Numbers in parentheses are recordkeeping and reporting costs included in total annual cost and total capital  
  cost estimates. For equipment leaks, activities associated with setting up and operating a LDAR program (e.g.,
  tagging and identifying, monitoring, data entry, setting up a data management system, etc.) are not reflected 
  in the equipment leak recordkeeping and reporting costs, but are included in the equipment leak total annual  
  cost and total capital cost estimate.                                                                         
b Total capital costs incurred in the 5-year period.                                                            
c The MACT level of control is no additional control.                                                           
d Not applicable.                                                                                               


    The EPA estimates that changes in the compliance times for storage 
vessels with floating roofs and changes to the process vents Group 1 
applicability cutoff will provide substantial cost savings and 
emissions reductions for refineries. Estimates of degassing and 
cleaning storage tank costs provided by the refining industry indicate 
that premature (within 3 years of promulgation) degassing and cleaning 
activities would cost between $34,000 and $213,000 per floating roof 
tank depending on the type of material stored. If extrapolated to the 
entire refining industry for floating roof tanks, the cost savings from 
allowing floating roofs to comply at the next scheduled maintenance 
would be $6.6 million per year.
    The EPA determined that substantial HAP emissions occur when 
storage vessels are degassed and cleaned. Typically, storage vessels 
are inspected and maintained on a 10-year schedule, at which time tanks 
are degassed and cleaned. If a 3-year compliance schedule were 
required, storage vessels would be degassed and cleaned prematurely, 
resulting in substantial HAP emissions caused by the rule. These HAP 
emissions could not be balanced in less than 5 years for floating roof 
tanks by the emission reduction achieved from complying with the rule. 
By changing the proposed rule to allow floating roof tanks to comply 
with the storage vessel requirements 10 years after promulgation of the 
rule or at the next scheduled inspection, the EPA estimates that 3,000 
Mg/yr (2,700 tpy) of HAP, or 8,000 Mg (7,200 tpy) of HAP over 3 years, 
would be prevented from being emitted.
    The existing source process vent applicability cutoff (33 kg of 
VOC/day (72 lb of VOC/day) per vent) will exclude 3,000 vents from 
requiring control at a total annual cost savings of $4.5 million. The 
new source process vent applicability cutoff (7 kg of VOC/day (15 lb of 
VOC/day) per vent) will exclude 35 vents from requiring control at a 
total annual cost savings of $25,000. The total annual cost reduction 
of these changes in the rule is a reduction of approximately $11 
million.
    The economic impact analysis for the selected regulatory 
alternatives shows that the estimated price increases for affected 
products range from 0.24 percent for residual fuel oil to 0.53 percent 
for jet fuel. Estimated decreases in product output range from 0.13 
percent for jet fuel to 0.50 percent for residual fuel oil. Annual net 
exports (exports minus imports) are predicted to decrease by 2.3 
million barrels, with the range of reductions varying from 0.21 million 
barrels for liquid petroleum gas to 0.91 million barrels for residual 
fuel oil.
    Between zero and seven refineries, all of which are classified as 
small, may close due to the regulation. For more information, consult 
the ``Economic Impact Analysis for the Petroleum Refinery NESHAP'' in 
the docket (see ADDRESSES section of this preamble).

V. Significant Comments and Changes to the Proposed Standards

    In response to comments received on the proposed standards, several 
changes have been made to the final rule. While several of these 
changes are clarifications designed to make the Agency's intent 
clearer, a number of them are significant changes to the proposed 
standard requirements. A summary of the substantive comments and/or 
changes made since the proposal are described in the following 
sections. Detailed Agency responses to public comments and the revised 
analysis for the final rule are contained in the BID and docket (see 
ADDRESSES section of this preamble).

A. Process Vents Group Determination

    The proposed NESHAP would have required control of all 
miscellaneous process vents with HAP concentrations over 20 ppmv. This 
level was based on the fact that combustion control technologies can 
reduce organic emissions by 98 percent or to 20 ppmv, but cannot 
necessarily achieve lower concentrations. Several commenters suggested 
that other applicability criteria were needed to determine which 
process vents are required to apply control. They pointed out that the 
HON and State regulations use a total resource effectiveness (TRE) or 
emission rate cutoff to exclude small vents that have low emission 
potential and high costs from control requirements. The commenters 
contended that the MACT floor does not include control of such vents.
    In response to these comments, the EPA examined potential control 
applicability criteria. The EPA reevaluated the miscellaneous process 
vents data base. The EPA's information on miscellaneous process vent 
streams was insufficient to establish an emission rate cutoff. This was 
because industry did not have sufficient information on the HAP and VOC 
content of vent streams requested by the section 114 questionnaires and 
ICR's and it would have been impractical to obtain this information. 
Therefore, as suggested by a number of commenters, and after 
consultations with industry and others, the EPA decided to use State 
regulations.
    The EPA evaluated the current level of control for miscellaneous 
process vents in eight States and two air districts that contain the 
majority of refineries and were expected to have the most stringent 
regulations. Of the refineries in the United States, the 12 percent 
that are subject to the most stringent regulations are located in three 
States. In these three States, miscellaneous process vents emitting 
greater than 6.8 to 45 kg/day (15 to 100 lb/day) of VOC are required to 
be controlled. The median applicability cutoff level for the 12 percent 
of U.S. refineries subject to the most stringent regulations is 33 kg/
day (72 lb/day VOC). Thus, control of vents with VOC emissions greater 
than 33 kg/day (72 lb/day) is the MACT floor for existing sources and 
6.8 kg/day (15 lb/day) is the 

[[Page 43250]]
MACT floor level of control for new sources. The primary organic HAP's 
at refineries are also VOC. Additionally, a VOC-based applicability 
criteria is most reflective of the current level of control required 
for miscellaneous process vents as the majority of State regulations 
are expressed in terms of VOC. Therefore, the EPA has adopted these 
emission levels in the final rule to distinguish Group 1 from Group 2 
vents. Group 1 vents are those that emit over 33 kg/day (72 lb/day) for 
existing sources and over 6.8 kg/day (15 lb/day) for new sources. Group 
1 vents must be controlled, whereas Group 2 vents (which emit less than 
33 kg/day (72 lb/day) for existing sources and less than 6.8 kg/day (15 
lb/day) for new sources) are not required to apply controls under the 
final rule. The 33 kg/day (72 lb/day) and 6.8 kg/day (15 lb/day) 
applicability limits are to be determined as the gases exit from 
process unit equipment (including any recovery devices) and prior to 
any non-recovery emission control device.

B. Process Vent Impacts

    At proposal, the EPA estimated that the baseline HAP and VOC 
emissions from process vents were 9,800 Mg/yr (10,780 tpy) and 190,000 
Mg/yr (209,000 tpy), respectively. Several commenters contended that 
the impacts analysis for process vents should be redone because: (1) 
The data base used in the analysis contained several errors, and (2) 
the emission estimation methodology was incorrect. The commenters 
asserted that these inaccuracies resulted in overestimates of 
emissions. Some of the commenters asserted that the data base flaws 
included: (1) A lack of data concerning the number, flowrates, and HAP 
concentrations of miscellaneous process vents, and (2) an erroneously 
high percentage of controlled vents because many uncontrolled vents 
were not reported. Some of the commenters contended that the emission 
estimation methodology was flawed because (1) It included wastewater 
and maintenance emissions, (2) emission factors were calculated from a 
HAP-to-VOC ratio that included reformer emissions, and (3) alkylation 
emissions and crude unit emissions were based on one refinery where 
vents were uncontrolled at the time of the questionnaire and are now 
controlled.
    The EPA agrees with the commenters that the process vents emission 
impacts estimate has several assumptions that needed to be reanalyzed. 
The EPA also agrees that the data base used at proposal should be 
reevaluated to consider the commenters' concerns. Therefore, the EPA 
has reestimated the emissions and cost impacts of the process vents 
provisions using the commenters' recommendations.
    The emissions at proposal were estimated using responses from only 
the section 114 questionnaires extrapolated to the entire refining 
industry. Because the section 114 questionnaires were sent to the 
largest companies, the data obtained from them skewed the results based 
on what the largest refineries did. The revised emissions were 
estimated using data from both the section 114 and ICR responses. The 
ICR questionnaires were sent to refineries not receiving the section 
114 questionnaires. This additional data increased the number of vents 
in the data base by 1,300. The increase in vents resulted in a decrease 
in controlled vents from 40 percent to 24 percent. However, information 
on the HAP and VOC content of vent streams remained limited as no new 
data was provided by the ICR respondents. Additionally, no new HAP 
information was provided by industry after proposal of the rule.
    Additionally, errors in the data base were corrected and non-
miscellaneous process vents were removed from the data base (e.g., 
vents from wastewater, maintenance, catalytic reformer regeneration 
vents, etc). In the revised emission estimates, emissions from 
alkylation and crude units were estimated from a number of different 
data points (not just one, as the commenters have stated). 
Additionally, the one data point the commenters have referred to has 
been changed to reflect the change in control status. The revised 
baseline miscellaneous process vents HAP and VOC emissions are 10,000 
Mg/yr (11,000 tpy) and 109,000 Mg/yr (119,900 tpy), respectively.
    The EPA agrees that the data on HAP concentrations is limited. 
However, no new data was supplied by the commenters. The EPA's revised 
emission estimates are based on technically sound methods and the best 
available information.
C. Equipment Leaks Compliance Requirements

    The proposed rule for equipment leaks at existing sources was an 
above-the-floor option modeled after the HON negotiated rule for 
equipment leaks. The floor level of control for equipment leaks from 
existing sources was determined to be control equal to the petroleum 
refinery NSPS. The modified negotiated rule was chosen as an above-the-
floor option because it was estimated to be cost effective. The option 
chosen in the proposed rule differed from the HON in that: (1) Existing 
sources were not required to monitor connectors, and (2) the leak 
definitions were higher to reflect the different volatility of 
materials found in refinery process lines as opposed to SOCMI process 
lines. The proposed rule required one-third of the refinery to be in 
compliance 6 months after promulgation of the rule, two-thirds of the 
refinery to be in compliance 1 year after promulgation of the rule, and 
the entire refinery to be in compliance 18 months after promulgation of 
the rule.
    Several commenters contended that the emissions and cost 
information used to determine the cost effectiveness of going from the 
floor level of control to the modified negotiated rule were inaccurate 
and did not consider recent changes to the equipment leak correlation 
equations for petroleum refineries. The commenters concluded that using 
the most recent information for refineries would show that it is not 
cost effective to go beyond the floor level of control.
    The cost information used in the analysis was the best data 
available, and is based on surveys of vendors and established costs 
presented in previous projects. No new cost information was submitted 
by the industry. The equipment leak emission factors that are being 
used to estimate the emissions and emission reductions of the rule were 
developed in 1980. These are the only complete and accurate emission 
factors available for this purpose. To accurately estimate emissions 
from equipment leaks, two sets of information are needed. These include 
the amount of emissions generated per piece of equipment leaking at a 
given concentration and the percent of equipment that are actually 
leaking at these concentrations. The 1980 study that was used to 
estimate the impacts of the refinery MACT rule used a consistent 
sampling methodology to address both of these factors based on sampling 
at uncontrolled refineries. The 1993 API study developed new 
information only on emissions per piece of leaking equipment using a 
different methodology. As stated in API's report, this information was 
developed from refineries in California for use with other information 
to estimate facility-specific equipment leak emissions. Thus, this 
study was not designed to provide information on industry average 
percent leaking equipment. Therefore, it was not possible to redefine 
average emission factors. To actually use this information, however, 
the EPA would need corresponding new information on the percent of 
equipment leaking. The EPA does not believe that it would be 
appropriate to combine 1993 

[[Page 43251]]
information with the 1980 data to develop new emission factors because 
sampling methodologies were different and because the 1993 study 
collected information from information from well-controlled facilities 
while the 1980 study collected information from uncontrolled 
facilities. However, the EPA agrees that new correlation equations 
developed for the refining industry indicate that the refinery factors 
may overestimate emissions by as much as a factor of two, which may 
make the modified negotiated rule option less cost effective. This 
cannot be accurately determined because the appropriate information to 
update average emission factors is not available. The EPA recognizes 
that enough uncertainty exists in the emission and cost estimates to 
question the results of the cost-effectiveness analysis.
    In recognition of this uncertainty and to provide compliance 
flexibility, the EPA has changed the final rule to provide each 
existing refinery with a choice of complying with either: (1) The 
equipment leaks NSPS requirements (40 CFR part 60, subpart VV) or (2) a 
modified version of the negotiated rule (40 CFR part 63, subpart H). 
The NSPS represents the MACT floor for existing sources. The modified 
negotiated regulation is the same as what was contained in the proposed 
petroleum refinery NESHAP except that the compliance dates have been 
extended for reasons described below. Although not required in the 
final rule, the EPA promotes use of the modified negotiated rule option 
because it is believed to provide considerable product, emissions, and 
cost savings to a refinery.
    Under either option, existing refineries will be required to 
implement an LDAR program with the same leak definitions (10,000 ppm) 
and the same leak frequencies as contained in the NSPS by 3 years after 
promulgation. A refinery may opt to remain at this level of control and 
do the monitoring, recordkeeping, and reporting specified in the NSPS. 
This option allows refineries that are familiar with the NSPS to 
continue to implement that standard without needing to change their 
procedures.
    Alternatively, a refinery may choose to comply with Phase I of the 
negotiated rule (10,000 ppm leak definition) 3 years after 
promulgation, comply with Phase II 4 years after promulgation, and 
comply with Phase III 5\1/2\ years after promulgation. Each phase has 
lower leak definitions for pumps and valves. In Phase III, monitoring 
frequencies for valves are dependent on performance (percent leakers), 
providing an incentive (less frequent monitoring and reduced monitoring 
costs) for good performance. Refineries choosing to comply with the 
modified negotiated rule are subject to monitoring, recordkeeping, and 
reporting requirements of subpart H. The EPA has included this 
compliance alternative to add flexibility and opportunities for 
adjustment for differences among facilities.
    The compliance dates for equipment leaks were revised to address 
commenter concerns that contended that small refineries and refineries 
in ozone attainment areas would be at a disadvantage if they were 
required to comply with the proposed equipment leak regulations because 
they would not have the experience to implement an equipment leaks 
control program within 6 to 18 months.
    The EPA agrees that small refineries may not have the experience to 
implement an LDAR program for equipment leaks in a short timeframe 
without significant expense. The EPA also contends that other 
refineries that do not currently have LDAR programs may also have 
trouble implementing the rule in 6 to 18 months. In response to these 
comments, the EPA has changed the final rule to require that existing 
refineries, regardless of size, comply with an LDAR program with the 
same leak definitions (10,000 ppm) and monitoring frequencies as the 
petroleum refinery NSPS within 3 years of promulgation of the rule. At 
the end of the third year, the entire refinery must be in compliance 
with the petroleum refinery NSPS level of control; there will not be 
interim deadlines during the 3-year period by which portions of the 
refinery are required to comply during this time. A refinery owner or 
operator who chooses to comply with the modified negotiated rule must 
then implement Phase II within 4 years and Phase III within 5\1/2\ 
years of promulgation. The total annual cost estimates for the rule 
have been revised in accordance with the changes made to the equipment 
leak requirements.

D. Storage Vessels

    The proposed rule required existing storage vessels containing 
liquids with vapor pressures greater than or equal to 8 kPa (1.2 psia) 
to comply with storage vessel requirements within 3 years. For tanks 
that were already controlled with internal or external floating roofs, 
the proposed rule allowed operators to defer upgrading of seals until 
the next scheduled maintenance with the following exceptions: (1) Fixed 
roof tanks, (2) EFR tanks with only a vapor-mounted primary seal, and 
(3) all tanks storing a liquid with a true vapor pressure greater than 
34 kPa (5.0 psia).
    Commenters to the proposed rule maintained that before additional 
emission controls (e.g., secondary seals) can be installed, tanks must 
be removed from service, degassed, and cleaned. Storage tanks are 
currently emptied and cleaned roughly every 10 years for inspection and 
maintenance. The commenters contended that removing storage tanks that 
already have floating roofs from service before scheduled maintenance 
would have adverse environmental impacts that could not be overcome by 
the emissions reductions from upgrading the seals on the tank. The 
commenters further stated that tank owners or operators would incur 
substantial costs as a result of degassing and cleaning a tank before 
scheduled maintenance. The commenters contended that a 3-year 
compliance schedule could not be met because there would not be enough 
trained and capable fabricators and contractors to support the tank 
modification work. Commenters stated that the reason was that the 
refinery rule compliance period overlaps with the implementation of 
other EPA rules and that a 10-year compliance schedule would be 
consistent with other EPA rulemakings such as the HON and the benzene 
storage NESHAP.
    The EPA agrees with the commenters that the HON and the benzene 
storage NESHAP allow floating roof tanks to achieve compliance in 10 
years or at the time of the next scheduled degassing. Most existing 
floating roof storage vessels at refineries also fall under the 10-year 
compliance schedule. Therefore, these storage vessels will be inspected 
within 5 to 10 years after promulgation of the rule. This is consistent 
with industry practice.
    In response to these comments, the EPA analyzed the emissions 
resulting from degassing and cleaning storage vessels using empirical 
mass-transfer models. The analysis indicated that degassing and 
cleaning of floating roof vessels generally results in substantial 
volatilization of HAP's to the air. These emissions could not be 
balanced in less than 5 years by the emission reductions achieved by 
controlling the tank to the requirements in the rule. Additionally, the 
degassing and cleaning information submitted by the refining industry 
indicated substantial costs for each degassing and cleaning activity if 
required within 3 years after promulgation of the rule. Based on 
information provided by industry and the EPA's empirical analysis, the 
EPA determined that the proposed storage vessel provisions would, in 
many cases, 

[[Page 43252]]
result in increased overall emissions because of the extra degassing 
emissions.
    The final rule allows owners or operators of storage vessels 
subject to the rule to defer installation of better seals on floating 
roof tanks storing any liquid until the next scheduled maintenance or 
within 10 years, whichever comes first. This change addresses the 
commenters' concerns about emissions and costs as well as their concern 
about the availability of trained fabricators and contractors to modify 
the tanks within a 3-year period. The final rule maintains the 
requirement to retrofit IFR tanks at existing sources with secondary 
seals that meet 40 CFR part 60 subpart Kb requirements because it is 
the MACT floor for IFR vessels.
    Based on the EPA's analysis, the emissions from degassing and 
cleaning fixed roof tanks can be balanced within 1 year (justifying a 
3-year compliance date) by the emission reductions achieved by 
controlling the tank to the requirements in the rule. Therefore, the 
final rule maintains the proposed compliance times (within 3 years) for 
fixed roof tanks. The EPA believes that in certain situations, such as 
when replacement of a tank is required, it would be reasonable for 
States to grant an additional year to comply as authorized under 
section 112(i)(3)(B) of the Act. The additional year would provide time 
to design and construct the tanks without disrupting refinery 
operations which could cause additional emissions. The EPA will work 
with the industry and States to find ways to use the emissions 
averaging program to deal with cases where tanks have to replaced or 
where it is extremely difficult or costly to install the required 
controls.
    Several commenters contended that the Group 1 definition of 8 kPa 
(1.2 psia) in the proposed NESHAP was based on data requests in section 
114 and ICR questionnaires that were misinterpreted by respondents. The 
commenters stated that the questionnaires did not specify whether 
respondents were to provide maximum true vapor pressures or average 
annual true vapor pressures. The commenters elaborated that because 
other data were provided to estimate emissions on an annual basis, it 
was reasonable to assume that respondents provided average annual true 
vapor pressures instead of maximum true vapor pressures. The commenters 
concluded that vapor pressures based on the maximum monthly 
temperatures may be 0.3 psia higher than the average annual true vapor 
pressure. The commenters recommended that the EPA either change the 
applicability cutoff to 10 kPa (1.5 psia) maximum true vapor pressure 
to account for this difference or specify that the 8 kPa (1.2 psia) 
cutoff is the average annual true vapor pressure instead of the maximum 
true vapor pressure.
    The EPA agrees with the commenters that because the questionnaires 
did not specify the type of vapor pressure, the respondents may have 
provided annual average true vapor pressures instead of maximum true 
vapor pressures. In order to reflect the uncertainty of the type of 
vapor pressure provided in the questionnaires, the EPA has decided to 
change the storage vessel applicability cutoff in the final rule from a 
maximum true vapor pressure of 8 kPa (1.2 psia) to 10 kPa (1.5 psia). 
An analysis of the storage vessel data base indicated that a change 
from 8.3 kPa (1.2 psia) to 10 kPa (1.5 psia) will not affect the 
impacts analysis.
    Several commenters requested that a minimum HAP content be 
considered as well as a vapor pressure cut-off for storage vessels 
because some liquids may have very low HAP concentrations and high 
vapor pressures due to the volatility of non-HAP compounds in the 
material. The EPA agrees that several products, such as asphalt, have 
minimal HAP's that may have vapor pressures greater than 10 kPa (1.5 
psia) if stored at elevated temperatures. To determine HAP weight 
percent applicability criteria, the EPA reviewed the MACT floor 
analysis for storage vessels to determine the HAP weight percents in 
controlled storage vessels at the best-controlled sources. The MACT 
floor for new sources is based on the best-controlled source, while the 
floor for existing sources is the average of the best-controlled 12 
percent of sources (or 16 refineries). The HAP weight percent 
applicability criterion was determined using the same population of 
storage tanks used to determine the vapor pressure applicability cut-
off (i.e., the best-controlled 16 refineries). The minimum HAP 
concentrations for materials stored in the tanks meeting subpart Kb at 
the 16 best-controlled sources ranged from 2 weight percent to 22 
weight percent. The average HAP weight percent in the liquids stored in 
these tanks is 4 percent. The best-controlled tanks contain liquids 
with a HAP weight percent in the liquid of 2 percent. Therefore, the 
HAP weight percent criterion for existing sources is 4 percent HAP in 
the liquid; the HAP weight percent for new sources is 2 percent HAP in 
the liquid.

E. Overlapping Regulations

    Several commenters contended that the petroleum refinery NESHAP 
will lead to overlap with other existing and future regulations such as 
the 40 CFR part 60 NSPS, 40 CFR parts 61 and 63 NESHAP, and State and 
local regulations. Commenters stated that the overlap between 
regulations will lead to confusion, uncertainty, and frustration for 
sources and regulators.
    The EPA has clarified the applicability of subpart CC as it relates 
to other NSPS and parts 61 and 63 NESHAP that apply to the same source 
in Sec. 63.640 of the final rule.
    The final rule clarifies the applicability of 40 CFR part 63, 
subpart CC storage vessel provisions to storage vessels at existing and 
new petroleum refinery sources subject to 40 CFR part 60, subparts K, 
Ka, or Kb. The specific provisions are structured such that each vessel 
is subject to only the more stringent rule. For example, a Group 1 
storage vessel at an existing refinery that is also subject to subpart 
K or Ka is required only to comply with the petroleum refinery NESHAP 
storage vessel provisions.
    The final rule clarifies the applicability of 40 CFR part 63, 
subpart CC wastewater provisions by stating that a Group 1 wastewater 
stream managed in a piece of equipment that is also subject to the 
provisions of 40 CFR part 60, subpart QQQ is required only to comply 
with 40 CFR part 63, subpart CC. The final rule also clarifies that a 
Group 2 wastewater stream managed in equipment that is also subject to 
the provisions of 40 CFR part 60, subpart QQQ is required only to 
comply with subpart QQQ. Clarification of the applicable provisions for 
a wastewater stream that is conveyed, stored, or treated in a 
wastewater stream management unit that also receives streams subject to 
the provisions of 40 CFR part 63, subpart F has been included in the 
final rule.
    There should not be any process vent applicability overlap between 
subpart CC and any other Federal rule. Process vents regulated under 
the HON are not subject to the petroleum refinery NESHAP.
    The EPA clarifies the applicability of subpart CC equipment leak 
provisions in the final rule by stating that petroleum refinery sources 
subject to subpart CC and 40 CFR parts 60 or 61 equipment leaks 
regulations are required to comply only with the petroleum refinery 
NESHAP (40 CFR part 63, subpart CC) equipment leak provisions. 

[[Page 43253]]

    The EPA has also included a Standard Industrial Classification 
(SIC) code definition for petroleum refining (2911) to the petroleum 
refinery process units definition in the final rule in order to clarify 
which provisions of the rule apply to storage vessels and equipment 
leaks. The EPA believes that the inclusion of the SIC code reference in 
the definition of refinery process unit will alleviate confusion about 
applicability of this rule (reducing potential confusion regarding 
process unit regulatory overlap) and other source categories scheduled 
for the development of NESHAP under the Act. The EPA has also added a 
list of pollutants covered under the rule to assist facilities in the 
determination of whether emission points are covered under the rule.
    Another issue raised by several commenters was the potential for 
overlap between the petroleum refinery MACT and other MACT standards 
such as the HON. These commenters requested that the EPA clarify the 
distinction between process units subject to the HON or other MACT 
standards and process units subject to the petroleum refinery MACT 
standard. These commenters thought that the description of refinery 
process units was too general and could include chemical processes 
subject to the HON or other MACT standards.
    The final rule provides that 40 CFR part 63, subpart CC does not 
apply to units that are also subject to the provisions of the HON. The 
applicability of subpart CC versus the HON or other MACT standard to an 
emission point is determined by the primary product produced in the 
unit. The primary product is the product that is produced in the 
greatest mass or volume that the unit produces. For example, if a 
refinery operates a unit that produces upgraded feedstock for the 
alkylation unit and this unit also produces a small quantity (less than 
20 percent) of the chemical methyl tert butyl ether (MTBE), that unit 
is considered to be subject to the petroleum refinery MACT standard and 
not to the HON. In contrast, if a facility operated a process unit that 
produced MTBE as the primary product and also produced small quantities 
of a mixed hydrocarbon stream, the unit would be subject to the HON 
because the unit produces MTBE as the primary product and the HON 
applies to chemical manufacturing units that produce MTBE. The 
distinction between the units is the difference in the primary product 
produced in the different units. In the first case, the unit is 
integral to the petroleum refinery's operations and the MTBE is a by-
product of the unit. In the second case, the unit's operation could be 
replaced by purchased MTBE and the operation is not integral to the 
petroleum refinery's operations.
    The EPA believes that including the concept of primary use in the 
petroleum refining process unit definition clarifies the applicability 
of the petroleum refinery MACT standard, and that including the primary 
product concept in HON and other MACT standards will avoid the same 
emission point from the same process unit being subject to multiple 
MACT standards. The EPA also believes that by directly stating in the 
rule that process units subject to the HON are not subject to this 
rule, the commenter's concerns over applicability issues have been 
addressed.

F. Source Category Definition

    In the July 1994 notice of proposed rulemaking, the proposed rule 
preamble provided notice of and sought comment on the issues of a broad 
affected source definition and source category; source-wide averaging; 
and the relationship between the gasoline distribution affected source 
definition and source category and refineries. In the preamble of the 
proposed refinery rule, the EPA noted that it did not intend to include 
emission points that are subject to the gasoline distribution standard 
in the refinery source category, that all emission points within the 
refinery source category would be treated as one stationary source for 
purposes of the refinery standard, and that the EPA intended to permit 
averaging among all emission points within the source category except 
for equipment leaks.
    Comments on both the gasoline distribution rule and the refinery 
proposal indicated that the Agency needed to clarify which rule applied 
to which emissions points and whether averaging would apply to 
collocated emission points. Both proposed rules addressed similar 
emission points; for example, both proposed rules addressed storage 
tanks and equipment leaks where refineries were collocated with 
gasoline distribution operations. In the preamble accompanying the 
final gasoline distribution rule, the EPA indicated the intent to rely 
on SIC codes to distinguish between emission points at refineries 
covered by the gasoline distribution standard and those covered by the 
refinery standard. The Agency noted that the SIC code for particular 
equipment would indicate the department with managerial oversight 
responsibility for each emission point. However, the EPA specifically 
provided that this rule, if appropriate, would modify the gasoline 
distribution standard to incorporate SIC code limits.
    Today's rule identifies petroleum refinery process units and the 
gasoline loading rack emission points by SIC code for purposes of 
identifying the appropriate control requirements. A broad source 
category and affected source definition increases the opportunity to 
use flexible compliance options such as emissions averaging. Because 
the control technology under today's rule for gasoline loading racks is 
the same as the requirements under the gasoline distribution NESHAP, 
the required emissions reductions from gasoline loading racks would be 
at least as great as would have been required had gasoline loading 
racks been excluded from the petroleum refinery source category and 
affected source; due to the credit discount factors, overall emissions 
may be less than otherwise would be required if gasoline loading racks 
are included in an emissions averaging plan.

G. Emissions Averaging

    The preamble to the proposed petroleum refinery rule requested 
comments on whether marine loading operations at refineries should be 
included in emissions averaging. The EPA also reopened the comment 
period for the proposed NESHAP for marine tank vessel loading 
operations (59 FR 44955) to request comment on whether marine terminals 
collocated at refineries should be moved to the petroleum refinery 
source category. In addition, as noted above, issues related to 
including gasoline distribution emissions in averaging at refineries 
were also raised in the proposed rule preamble.
    During the comment period for the gasoline distribution NESHAP, 
commenters requested that gasoline bulk terminals contiguous to a 
refinery be regulated by the petroleum refinery NESHAP. Several 
commenters on the proposed petroleum refinery NESHAP and proposed 
marine tank vessel loading operations NESHAP supported averaging of 
refinery process unit emissions with emissions from marine terminals 
and gasoline distribution operations that are located at refineries. 
The commenters cited more cost-effective emission reduction as the 
advantage of including these emission points in emissions averaging, 
and specifically commented that the costs per megagram emission 
reduction of the marine loading controls are high. These commenters 
also claimed that emission calculation procedures for loading are well 
established and that adding marine loading to the averaging provisions 
will not appreciably increase the complexity 

[[Page 43254]]
of enforcement. Other commenters opposed including marine loading and 
gasoline distribution emission points in emissions averaging. Some 
commenters claimed that these are separate source categories and that 
the Act does not permit averaging across source categories. Other 
commenters were of the opinion that the EPA has the flexibility to 
allow trading within a facility that includes units in different source 
categories. These commenters argued that it is unnecessary to redefine 
the source category to include marine loading operations and gasoline 
distribution operations collocated at refineries.
    In the final rule, the definitions of the petroleum refinery source 
category and affected source have been changed to include gasoline 
loading racks classified under SIC code 2911 (Petroleum Refineries) and 
marine tank vessel loading operations that are located at refinery 
plant sites. Because marine loading operations and bulk gasoline 
transfer operations located at refineries are supplying raw materials 
to, or transferring products from, petroleum refinery process units, 
they are logically considered to be part of the same source as the 
petroleum refinery process units. The EPA considers this definition to 
be the most appropriate definition and, as noted by several commenters, 
to present fewer implementation problems.
    A gasoline loading rack classified under SIC code 2911 or a marine 
tank vessel loading operation that is located at a petroleum refinery 
may be included in an emissions average with other refinery process 
unit emission points. Because these operations are included as part of 
a single source within one source category intersource averaging is not 
an issue.
    In keeping with the EPA's stated goal of increasing flexibility in 
rulemakings, this decision has been made to provide more opportunities 
to average. This increases the opportunities for refiners to find cost-
effective emission reductions from overall facility operations onsite. 
Costs and cost effectiveness of controlling a particular kind of 
emission point, such as marine loading, will vary depending on many 
site-specific factors. Emissions averaging allows the owner and 
operator to find the optimal control strategy for their particular 
situation.
    The EPA is presently reviewing the emission averaging policy and 
considering whether any more flexibility can be provided while 
maintaining environmental protection. The issue of intersource 
averaging will be considered along with other aspects of the emissions 
averaging policy such as limitations on the number of points allowed in 
an average. The EPA believes that any decision to provide additional 
flexibility must be based on careful consideration of enforcement 
issues as well as equity in environmental protection. Given the 
complexity of these issues, the EPA does not believe that the Refinery 
MACT standard is the appropriate place to address these issues. The EPA 
plans to examine the issue independently of any specific rulemaking. In 
this, the EPA plans to work closely with both the refining and chemical 
industries and other interested parties to determine if there are 
opportunities for increasing flexibility and reducing the burden 
associated with demonstrating compliance with the MACT rules while 
remaining within the law.
    The EPA would like to clarify that the emissions averaging program 
was designed to result in equal or greater environmental protection 
while providing sources flexibility to reduce emissions in the most 
cost-effective manner. Specifically, allowing marine loading 
operations, and gasoline loading racks classified under SIC code 2911, 
located at a refinery to be included in emissions averages will result 
in equivalent or greater overall HAP emission reduction at each 
refinery. The averaging provisions are structured such that ``debits'' 
generated by not controlling an emission point that otherwise would 
require control must be balanced by achieving extra control at other 
refinery emission points covered by the NESHAP. The averaging 
provisions also require that a source demonstrate that compliance 
through averaging will not result in greater risk or hazard than 
compliance without averaging.
    Some commenters were concerned that including marine loading in 
averages could result in uncontrolled peak emissions. With regard to 
the commenters' concerns about peak emissions, the quarterly cap on the 
ratio of debits to credits is intended to limit the possibility of 
exposure peaks. Furthermore, because loading occurs fairly frequently, 
and emissions from an individual vessel filling or loading event are 
relatively small, such emissions are not expected to cause significant 
exposure peaks. Moreover, no evidence has been presented that emissions 
averaging would permit a very different mix of emissions to occur than 
would point-by-point compliance. That is, peaks of exposures from batch 
streams, storage, and loading operations should be equally likely under 
point-by-point compliance as under emissions averaging, so emissions 
averaging does not represent a less effective control strategy. 
Furthermore, in order to receive approval for an emissions average, the 
owner or operator is required to demonstrate that the emissions average 
does not increase the risk or hazard relative to compliance without 
averaging.

H. Monitoring, Recordkeeping, and Reporting

    Several commenters alleged that the recordkeeping and reporting 
requirements of the proposed rule were extremely burdensome. The 
commenters requested that the EPA reduce the monitoring, recordkeeping, 
and reporting burden associated with the proposed rule. Commenters also 
requested that provisions be added to the final rule to avoid 
duplicative reporting for equipment subject to multiple NESHAP and 
NSPS. Other commenters requested that flexibility to allow alternative 
monitoring, recordkeeping, and reporting be incorporated into the final 
rule.
    The EPA recognizes that unnecessary monitoring, recordkeeping, and 
reporting requirements would burden both the source and enforcement 
agencies. Prior to proposal, the EPA attempted to reduce the amount of 
monitoring, recordkeeping, and reporting to only that which is 
necessary to demonstrate compliance. For example, at proposal almost 
all reports were consolidated into the Notification of Compliance 
Status and the Periodic Reports. This was done to simplify and reduce 
the frequency of reporting. Sources also have the option of retaining 
records either in paper copy or in computer-readable formats, whichever 
is less burdensome. If multiple performance tests are conducted for the 
same kind of emission point using the same test method, only one 
complete test report is submitted along with summaries of the results 
of other tests. This reduces the number of lengthy test reports to be 
copied, reviewed, and submitted.
    Site-specific test plans describing quality assurance in 
Sec. 63.7(c) of 40 CFR part 63, subpart A are not required because the 
test methods cited in subpart CC already contain applicable quality 
assurance protocols. The quality assurance provisions in the individual 
test methods remain applicable and are not superseded by the 
nonapplicability of Sec. 63.7(c) of subpart A. For continuously 
monitored parameters, periodic reporting is limited to excursions 
outside the established ranges and the in-range values are not required 
to be reported. 

[[Page 43255]]

    In response to the commenters, the EPA reevaluated whether 
monitoring, recordkeeping, and reporting requirements could be further 
reduced while maintaining the enforceability of the rule. The EPA has 
made the following changes in the promulgated rule to further reduce 
the monitoring, recordkeeping, and reporting burden:
    (1) The requirement to submit an Initial Notification has been 
eliminated;
    (2) Periodic reports are required to be submitted semiannually for 
all facilities that do not use emissions averaging (the proposal 
required quarterly reports if monitored parameters were out of range 
more than a specified percentage of the time);
    (3) A reduction in the frequency for parameter monitoring and 
recording. The proposal required values of monitored parameters to be 
recorded every 15 minutes and all 15-minute records had to be retained 
for those days when excess emissions occurred. The final rule allows 
hourly monitoring and recording;
    (4) Recordkeeping and reporting provisions that eliminate duplicate 
reporting for equipment subject to multiple NESHAP and NSPS were added 
to the applicability section (Sec. 63.640) of the final rule. The 
additions specify which rule applies and overrides the less stringent 
NSPS or NESHAP. For State and local regulation applicability 
determination, the final rule has been amended to state that the local 
regulatory authority (e.g., State or permitting authority) can decide 
how monitoring, recordkeeping, and reporting requirements can be 
consolidated, and can approve alternative monitoring, recordkeeping, 
and reporting requirements.
    These reductions reduce the proposal monitoring, recordkeeping, and 
reporting burden by 25 percent. The EPA plans to continue to work with 
the industry as well as with other interested parties to identify 
further opportunities for reduction of the monitoring, recordkeeping, 
and reporting burden of the rule. The EPA will consider ways to 
eliminate overlapping requirements and to address any inconsistencies 
among the rules. The EPA will investigate the possibility of 
consolidating and simplifying the various rules while maintaining the 
same level of environmental protection. Assuming that the pilot project 
with the chemical industry is successful, the EPA expects to be able to 
complete the review of the Refinery rule monitoring, recordkeeping, and 
reporting requirements before the compliance date.

I. Subcategorization

    Several commenters to the proposed petroleum refinery NESHAP 
requested that the EPA subcategorize refineries by size and/or location 
in an ozone attainment area. Other commenters stated that 
subcategorizing small refineries because of an arbitrary size exemption 
can result in an unfair competitive advantage. These commenters further 
elaborated that large refineries should not be penalized for an economy 
of scale achieved through its own effective competitiveness.
    In response to these comments, the refinery data bases were 
subcategorized based on crude charge capacity. The refineries were also 
subcategorized by ozone attainment status and by refineries containing 
processes that are used to produce gasoline (such as catalytic 
cracking, coking, and catalytic reforming). Within each subcategory, 
the process vents, storage vessels, and equipment leaks data bases were 
sorted from most stringent control to least stringent. The MACT floor 
(average of the top 12 percent of sources) for each subcategory was 
identified.
    The MACT floors for small refineries are not significantly 
different from the industry as a whole. The floor for process vents is 
the same for small refiners as for the entire industry. The floor for 
storage tanks would increase the materials vapor pressure cutoff from 
10 kPa (1.5 psia) to 11 kPa (1.7 psia), which would result in a minimal 
cost savings since there are few petroleum liquids in this volatility 
range. The floor for equipment leaks would reduce the monitoring 
frequency; however, small refiners would still incur the cost of 
setting up and implementing an LDAR program.
    Based on the EPA's analysis and the comments received during the 
public comment period, a separate subcategory for small refineries has 
not been included in the final rule. This decision was based on there 
being no clear relationship between refinery size or design and 
emission potential.

J. Economic Analysis

    Comments were received on both the methodology of the economic 
analysis and the potential impacts of the analysis results. The EPA's 
economic model focused on estimating changes in product price and 
quantity of production for several petroleum products. Once the effects 
on price and quantity were evaluated, other impacts were estimated. The 
model the EPA used is predicated on neoclassical microeconomic theory.
    The model assumed that those refineries with the highest per-unit 
control are marginal (i.e., near the margin between shutdown and 
continuing operation) in the post-control markets, and that they also 
have the highest underlying per-unit cost of production. This 
assumption may result in an overstatement of the adverse impacts, such 
as closure, since the assumed relationship between per-unit control 
cost and per-unit production cost may not hold for all refineries. For 
more information, consult the ``Economic Impact Analysis for the 
Petroleum Refinery NESHAP'' in the docket.
    Most of the comments about the economic analyses methodology were 
focused on possible impacts on other parts of the petroleum industry 
other than refineries. The economic analysis for this rule, like most 
of the EPA's economic analyses, focuses on the impacts on the industry 
being regulated and does not calculate impacts to other industries 
indirectly affected unless those impacts are significant. In this case, 
the impacts to indirectly affected industries were not calculated since 
the impacts estimated for the petroleum refinery industry were not 
significant, impacts to indirectly affected industries would likely be 
insignificant also.

K. Benefits Analysis

    Comments noted that naphthalene is classified as a possible 
carcinogen, not a known carcinogen, and therefore should not be 
included in the risk analysis. Commenters also argued that the 
estimates for monetized VOC benefits were too high, since the VOC 
reductions claimed in the regulation would occur as a result of State 
Implementation Plans (SIP's) required by the Act. Other commenters 
wrote that the level of benefits from HAP emissions reduction was not 
of sufficient justification for pursuing the regulation.
    When the rule was proposed, naphthalene was classified as a 
possible human carcinogen. Naphthalene is no longer classified as a 
possible human carcinogen and is not included in the risk analysis for 
the final rule.
    To estimate the benefits of reducing VOC, the EPA used a 1989 study 
conducted by the Office of Technology Assessment (OTA). The study 
examined a variety of acute health impacts related to ozone exposure as 
well as the benefits of reduced ozone concentrations for selected 
agricultural crops. A number of factors were not considered in the 
analysis, including chronic health effects and health impacts for 
attainment areas.
    As to the comment about some of the benefits being attributable to 
VOC 

[[Page 43256]]
emission reductions brought about by implementing SIP's, the EPA 
attempted to include in the baseline all possible impacts from SIP 
implementation. Control of VOC in this rule will be incorporated into 
future SIP's by affecting their baselines, thus making the emission 
reductions needed to meet them less, and leading to lower costs for 
petroleum refineries to meet those SIP's. Therefore, control of VOC 
emissions in this rule will lead to lower costs to future SIP 
implementation. Also, the emission streams from petroleum refineries 
are primarily VOC, with a small fraction of VOC being HAP. Control of 
any petroleum refinery emission stream involves control of VOC as well 
as HAP. Thus, any benefits estimated to occur from a rule that controls 
VOC, though their control is of secondary importance, should be 
included as benefits of the rule.
L. Emissions Data

    Commenters raised concerns about the amount and quality of the data 
on HAP emissions, and the uncertainties in the emission estimates. 
Throughout the rulemaking, the EPA has been aware of these concerns. 
During the course of this rulemaking, the EPA requested information 
from the petroleum refining industry on emissions and emission control 
technologies. The industry provided sufficient information on the 
emission control technologies to determine the best controlled 
facilities, as required by section 112 of the Act. However, the 
information received on existing emission control levels was limited 
because it was not available. Thus, there is uncertainty in the 
refinery baseline emission estimates, and emission reductions and other 
benefits achieved from the emission controls required to comply with 
the rule. The EPA and the petroleum refinery industry are unable to 
reduce this uncertainty at this time. The Agency has characterized the 
costs and emission reductions of the requirements of this rule as 
accurately as possible. While there is a great deal of qualitative 
information on the benefits of this rule, the uncertainty in the 
emission estimates and the monetary value that can be placed on the 
emission reductions limits the Agency's ability to directly quantify 
all the benefits of the refinery MACT rule. The EPA does know, however, 
that the controls required in this rulemaking are in widespread use in 
the refining industry and that they provide substantial emission 
reductions.
    Under section 112(f) of the Act, the EPA must determine whether 
further control of refinery emissions is necessary to protect the 
health of the general public. This determination will require more 
accurate emission estimates than currently exist. The EPA has made a 
commitment to work cooperatively with industry to identify the data 
needed to improve the emission estimates and any other information that 
is required to determine the health risks that may remain after 
implementation of the refinery MACT rule.

VI. Changes to NSPS

    The changes to 40 CFR part 60, subparts VV and QQQ are promulgated 
with minor edits for clarity and consistency.

VII. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. 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 proposed and promulgated standards and their preambles, 
and the BID containing the EPA's responses to significant comments, the 
contents of the docket will serve as the record in case of judicial 
review (section 307(d)(7)(A)).

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq and have been assigned 
control number 2060-0340. This collection of information has an 
estimated annual reporting burden averaging 320 hours per respondent 
and an estimated annual recordkeeping burden averaging 2,880 hours per 
respondent. These estimates include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    This reflects a reduction of the proposal monitoring, 
recordkeeping, and reporting burden of 25 percent. The EPA plans to 
continue to work with the industry as well as with other interested 
parties to identify further opportunities for reduction of the 
monitoring, recordkeeping, and reporting burden of the rule. The EPA 
will consider ways to eliminate overlapping requirements and to address 
any inconsistencies among the rules. The EPA will investigate the 
possibility of consolidating and simplifying the various rules while 
maintaining the same level of environmental protection. Assuming that 
the pilot project with the chemical industry is successful, the EPA 
expects to be able to complete the review of the Refinery rule 
monitoring, recordkeeping, and reporting requirements before the 
compliance date.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch; EPA; 401 M St. SW., (Mail 
Code 2136); Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503, marked ``Attention: Desk Officer for EPA.''

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 5173 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review 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.
    This action is a ``significant regulatory action'' within the 
meaning of Executive Order 12866. The EPA has submitted this action to 
OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.

D. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et 
seq., when an agency publishes a notice of rulemaking, for a rule that 
will have a significant effect on a substantial number of small 
entities, the agency 

[[Page 43257]]
must prepare and make available for public comment a regulatory 
flexibility analysis (RFA) that considers the effect of the rule on 
small entities (i.e., small businesses, small organizations, and small 
governmental jurisdictions). In assessing the regulatory approach for 
dealing with small entities in today's final rule, the EPA guidelines 
indicate that an economic impact should be considered significant if it 
meets one of the following criteria:
    (1) Compliance increases annual production costs by more than 5 
percent, assuming costs are passed on to consumers;
    (2) Compliance costs as a percentage of sales for small entities 
are at least 10 percent more than compliance costs as a percentage of 
sales for large entities;
    (3) Capital costs of compliance represent a ``significant'' portion 
of capital available to small entities, considering internal cash flow 
plus external financial capabilities, or
    (4) Regulatory requirements are likely to result in closure of 
small entities.
    Data were not readily available to determine if criteria (1) and 
(3) were met or not, so the analysis focused on the other two. Results 
from the economic impact analysis indicate that between zero and seven 
refiners, all of which are classified as small, are at risk of closure 
(refer to the ``Economic Impact Analysis of the Regulatory Alternatives 
for the Petroleum Refineries NESHAP'' in the Background Information 
Documents section). While this percentage of net closures is less than 
20 percent of the total number of small refineries (88), it was deemed 
high enough for carrying out an RFA on that basis alone. Criterion (2), 
however, was satisfied. The compliance costs-to-sales ratio for the 
small refiners was more than 10 percent greater than the same ratio 
calculated for all other refiners.
    There are four reasons why small entities are disproportionately 
affected by the regulation. The first is the fact that they tend to own 
smaller facilities, and therefore have smaller economics of scale. 
Because of the smaller economies of scale, per-unit costs of production 
and compliance are higher for the small refiners compared to others. 
Related to this is the fact that small refiners have less ability to 
produce differentiated products. This ability, called complexity, 
increases with increasing refinery capacity. A large refinery can 
respond to a relative increase in production costs for one product by 
increasing production of a product now relatively cheaper to produce, 
an ability most small refiners rarely enjoy.
    A second reason is they have fewer capital resources. Small 
refineries have less ability to finance the capital expenditures needed 
to purchase the equipment required to comply with the regulation. A 
third reason is the difference in internal structure. None of the small 
refiners are vertically or horizontally integrated, and in all but a 
few cases are not the subsidiary of a large parent company. The small 
refiners are typically independent owners and operators of their 
facilities, and most are owners of a single refinery. They do not 
possess the ability to shift production between different refineries 
and have less market power than their large competitors.
    A fourth reason why smaller refiners experience greater economic 
impacts than other refiners is due to the small industry-level price 
increases (less than 1 percent in all cases). It is unlikely that small 
refiners will be able to recover annualized control costs by increasing 
product prices, since the large refiners will not be significantly 
impacted. As seen in the examination of criterion (2), the large 
refiners will not be significantly affected from compliance with the 
regulation.
    In calculating the number of closures, the assumption was made that 
those refineries with the highest per-unit control costs were marginal 
after compliance with the regulation. While this assumption is often 
useful in closure analysis, it is not always true. The assumption is 
consistent with perfect competition theory that presumes all firms are 
price-takers. If a refiner does have some monopoly power in a 
particular market, then it is possible a refiner experiencing some 
economic distress could continue to operate for some period while 
complying with the regulation. It is a conservative assumption that 
likely biases the results to overstate the number of refinery closures 
and other impacts of the proposed regulation.
    To mitigate the economic impacts on small refiners, the Agency has 
considered whether to subcategorize the MACT floors for the various 
emission sources or to allow refiners more time to comply with the 
regulation. The Agency has decided not to include a separate 
subcategory for small refiners, but has decided to allow refiners more 
time to comply with various requirements for control of equipment leak 
and storage vessel emissions (refer to section V, ``Significant 
Comments and Changes to the Proposed Standards'').
    The definition of small refinery used in the analysis is 50,000 bbl 
per stream day production capacity. This differs from the definition of 
75,000 barrels per stream current as of May 1, 1992, a definition 
announced by the Small Business Administration that day in the Federal 
Register (57 FR 18808).

E. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
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. Under section 205, the EPA 
must select the most cost effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Gasoline, Intergovernmental relations, Natural 
gas, Volatile organic compounds.

40 CFR Part 63

    Air pollution control, Hazardous air pollutants, Petroleum 
refineries, Reporting and recordkeeping requirements.

    Dated: July 28, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, parts 9, 60, and 63 of 
title 40, chapter I, of the Code of Federal Regulations are amended as 
follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 
1345(d), and (e), 1381; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 

[[Page 43258]]
Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-i, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 
7542, 9601-9657, 11023, 11048.

    2. Section 9.1 is amended by adding the new entries to the table 
under the indicated heading in numerical order to read as follows:


Sec. 9.1  OMB approvals under the paperwork reduction act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.    
------------------------------------------------------------------------
                                                                        
                                                                        
                  *        *        *        *        *                 
National Emission Standards for Hazardous Air Pollutants                
 for Source Categories                                                  
                                                                        
                  *        *        *        *        *                 
63.653.....................................................    2060-0340
63.654.....................................................    2060-0340
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401-7601.

Subpart VV--[Amended]

    2. Section 60.481 is amended by revising the definition of ``closed 
vent system'' to read as follows:


Sec. 60.481  Definitions.

* * * * *
    Closed vent system means a system that is not open to the 
atmosphere and that is composed of piping, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device. If gas or vapor from 
regulated equipment is routed to a process (e.g., to a petroleum 
refinery fuel gas system), the process shall not be considered a closed 
vent system and is not subject to the closed vent system standards.
* * * * *
    3. Section 60.482-5 is revised to read as follows:


Sec. 60.482-5  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purged, closed-loop, or closed-vent system, except as provided 
in Sec. 60.482-1(c).
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (b)(3) of this 
section:
    (1) Return the purged process fluid directly to the process line; 
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 complies with the 
requirements of Sec. 60.482-10.
    (c) In situ sampling systems and sampling systems without purges 
are exempt from the requirements of paragraphs (a) and (b) of this 
section.
    4. Section 60.482-10 is amended by revising paragraphs (f) and (g) 
and adding paragraphs (h) through (l) to read as follows:
Sec. 60.482-10  Standards: Closed vent systems and control devices.

* * * * *
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (f)(1) and (f)(2) of 
this section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 60.485(b); and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 60.485(b); and
    (ii) Conduct annual inspections according to the procedures in 
Sec. 60.485(b).
    (g) 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 practicable except as provided in 
paragraph (h) of this section.
    (1) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (h) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair is technically infeasible 
without a process unit shutdown or if the owner or operator determines 
that emissions resulting from immediate repair would be greater than 
the fugitive emissions likely to result from delay of repair. Repair of 
such equipment shall be complete by the end of the next process unit 
shutdown.
    (i) If a vapor collection system or closed vent system is operated 
under a vacuum, it is exempt from the inspection requirements of 
paragraphs (f)(1)(i) and (f)(2) of this section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (k)(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:
    (1) 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 paragraphs 
(f)(1)(i) or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-
to-inspect times.
    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult 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 (k)(1) through (k)(3) of this section:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The process unit within which the closed vent system is located 
becomes an affected facility through Secs. 60.14 or 60.15, or the owner 
or operator designates less than 3.0 percent of the total number of 
closed vent system equipment as difficult to inspect; and
    (3) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in 
paragraphs (l)(1) through (l)(5) of this section.
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe to inspect, an explanation of why the equipment is 
unsafe to inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated 

[[Page 43259]]
as difficult to inspect, an explanation of why the equipment is 
difficult to inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record 
of the information specified in Sec. 60.486(c).
    (4) For each inspection conducted in accordance with Sec. 60.485(b) 
during which no leaks are detected, a record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (5) For each visual inspection conducted in accordance with 
paragraph (f)(1)(ii) of this section during which no leaks are 
detected, a record that the inspection was performed, the date of the 
inspection, and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when 
emissions may be vented to them.
* * * * *

Subpart QQQ--[Amended]

* * * * *
    5. Section 60.691 is amended by revising the definition of ``closed 
vent system'' to read as follows:


Sec. 60.691  Definitions.

* * * * *
    Closed vent system means a system that is not open to the 
atmosphere and that is composed of piping, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from an 
emission source to a control device. If gas or vapor from regulated 
equipment are routed to a process (e.g., to a petroleum refinery fuel 
gas system), the process shall not be considered a closed vent system 
and is not subject to the closed vent system standards.
* * * * *
    6. Section 60.692-3 is amended by revising paragraph (d) to read as 
follows:


Sec. 60.692-3  Standards: Oil-water separators.

* * * * *
    (d) Storage vessels, including slop oil tanks and other auxiliary 
tanks that are subject to the standards in Secs. 60.112, 60.112a, and 
60.112b and associated requirements, 40 CFR part 60, subparts K, Ka, or 
Kb are not subject to the requirements of this section.
* * * * *
    7. Section 60.693-2 is amended by revising paragraphs (a)(1)(i) 
introductory text and (a)(1)(i)(A) to read as follows:


Sec. 60.693-2  Alternative standards for oil-water separators.

* * * * *
    (a) * * *
    (1) * * *
    (i) The primary seal shall be a liquid-mounted seal or a mechanical 
shoe seal.
    (A) A liquid-mounted seal means a foam- or liquid-filled seal 
mounted in contact with the liquid between the wall of the separator 
and the floating roof. A mechanical shoe seal means a metal sheet held 
vertically against the wall of the separator by springs or weighted 
levers and is connected by braces to the floating roof. A flexible 
coated fabric (envelope) spans the annular space between the metal 
sheet and the floating roof.
* * * * *
    8. Section 60.695 is amended by adding paragraphs (a)(3)(i) and 
(a)(3)(ii) to read as follows:


Sec. 60.695  Monitoring of operations.

* * * * *
    (a) * * *
    (3) * * *
    (i) For a carbon adsorption system that regenerates the carbon bed 
directly onsite, a monitoring device that continuously indicates and 
records the volatile organic compound concentration level or reading of 
organics in the exhaust gases of the control device outlet gas stream 
or inlet and outlet gas stream shall be used.
    (ii) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device (e.g., a carbon 
canister), the concentration level of the organic compounds in the 
exhaust vent stream from the carbon adsorption system shall be 
monitored on a regular schedule, and the existing carbon shall be 
replaced with fresh carbon immediately when carbon breakthrough is 
indicated. The device shall be monitored on a daily basis or at 
intervals no greater than 20 percent of the design carbon replacement 
interval, whichever is greater. As an alternative to conducting this 
monitoring, an owner or operator may replace the carbon in the carbon 
adsorption system with fresh carbon at a regular predetermined time 
interval that is less than the carbon replacement interval that is 
determined by the maximum design flow rate and organic concentration in 
the gas stream vented to the carbon adsorption system.
* * * * *
    9. Section 60.697 is amended by revising paragraphs (f)(3)(i), 
(f)(3)(ii); and by adding paragraphs (f)(3)(x) (A) and (B) to read as 
follows:


Sec. 60.697  Recordkeeping requirements.

* * * * *
    (f) * * *
    (3) * * *
    (i) Documentation demonstrating that the control device will 
achieve the required control efficiency during maximum loading 
conditions shall be kept for the life of the facility. This 
documentation is to include a general description of the gas streams 
that enter the control device, including flow and volatile organic 
compound content under varying liquid level conditions (dynamic and 
static) and manufacturer's design specifications for the control 
device. If an enclosed combustion device with a minimum residence time 
of 0.75 seconds and a minimum temperature of 816  deg.C (1,500  deg.F) 
is used to meet the 95-percent requirement, documentation that those 
conditions exist is sufficient to meet the requirements of this 
paragraph.
    (ii) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device such as a carbon 
canister, the design analysis shall consider the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature. The design analysis shall also establish the design 
exhaust vent stream organic compound concentration level, capacity of 
carbon bed, type and working capacity of activated carbon used for 
carbon bed, and design carbon replacement interval based on the total 
carbon working capacity of the control device and source operating 
schedule.
* * * * *
    (x) * * *
    (A) Each owner or operator of an affected facility that uses a 
carbon adsorber which is regenerated directly onsite shall maintain 
continuous records of the volatile organic compound concentration level 
or reading of organics of the control device outlet gas stream or inlet 
and outlet gas stream and records of all 3-hour periods of operation 
during which the average volatile organic compound concentration level 
or reading of organics in the exhaust gases, or inlet and outlet gas 
stream, is more than 20 percent greater than the design exhaust gas 
concentration level, and shall keep such records for 2 years after the 
information is recorded.
    (B) If a carbon adsorber that is not regenerated directly onsite in 
the control device is used, then the owner or operator shall maintain 
records of dates and times when the control device is monitored, when 
breakthrough is measured, and shall record the date and 

[[Page 43260]]
time that the existing carbon in the control device is replaced with 
fresh carbon.
* * * * *
    10. Section 60.698 is amended by adding paragraphs (d)(3)(i) and 
(d)(3)(ii) to read as follows:


Sec. 60.698  Reporting requirements.

* * * * *
    (d) * * *
    (3) * * *
    (i) Each 3-hour period of operation during which the average 
volatile organic compound concentration level or reading of organics in 
the exhaust gases from a carbon adsorber which is regenerated directly 
onsite is more than 20 percent greater than the design exhaust gas 
concentration level or reading.
    (ii) Each occurrence when the carbon in a carbon adsorber system 
that is not regenerated directly onsite in the control device is not 
replaced at the predetermined interval specified in 
Sec. 60.695(a)(3)(ii).
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

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

Subpart R--[Amended]
    2. Section 63.420 is amended by adding paragraph (i) to read as 
follows:


Sec. 63.420  Applicability.

* * * * *
    (i) A bulk gasoline terminal or pipeline breakout station with a 
Standard Industrial Classification code 2911 located within a 
contiguous area and under common control with a refinery complying with 
subpart CC, Secs. 63.646, 63.648, 63.649, and 63.650 is not subject to 
subpart R standards, except as specified in subpart CC, Sec. 63.650.
* * * * *
    3. Part 63 is amended by adding subpart CC consisting of 
Secs. 63.640 through 63.679 to read as follows:
Subpart CC--National Emission Standards for Hazardous Air Pollutants 
From Petroleum Refineries
Sec.
63.640  Applicability and designation of affected source.
63.641  Definitions.
63.642  General standards.
63.643  Miscellaneous process vents provisions.
63.644  Monitoring provisions for miscellaneous process vents.
63.645  Test methods and procedures for miscellaneous process vents.
63.646  Storage vessel provisions.
63.647  Wastewater provisions.
63.648  Equipment leak standards.
63.649  Alternative means of emission limitation: Connectors in gas/
vapor service and light liquid service.
63.650  Gasoline loading rack provisions.
63.651  Marine vessel tank loading operations provisions.
63.652  Emissions averaging provisions.
63.653  Monitoring, recordkeeping, and implementation plan for 
emissions averaging.
63.654  Reporting and recordkeeping requirements.
63.655 through 63.679  [Reserved]

Appendix to Subpart CC--Tables

Subpart CC--National Emission Standards for Hazardous Air 
Pollutants From Petroleum Refineries


Sec. 63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to 
related emission points that are specified in paragraphs (c)(5) through 
(c)(7) of this section that are located at a plant site that meet the 
criteria in paragraphs (a)(1) and (a)(2) of this section;
    (1) Are located at a plant site that is a major source as defined 
in section 112(a) of the Clean Air Act; and
    (2) Emit or have equipment containing or contacting one or more of 
the hazardous air pollutants listed in table 1 of this subpart.
    (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 first 5 
years after startup.
    (1) If the predominant use of the flexible operation unit, as 
described in paragraphs (b)(1)(i) and (b)(1)(ii) of this section, is as 
a petroleum refining process unit, as defined in Sec. 63.641, then the 
flexible operation unit shall be subject to the provisions of this 
subpart.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
predominant use of the flexible operation unit shall be the use 
representing the greatest annual operating time.
    (ii) If the flexible operation unit is used as a petroleum refining 
process unit and for another purpose equally based on operating time, 
then the predominant use of the flexible operation unit shall be the 
use that produces the greatest annual production on a mass basis.
    (2) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units shall be reported as specified in Sec. 63.654(h)(6)(i).
    (c) For the purpose of this subpart, the affected source shall 
comprise all emission points, in combination, listed in paragraphs 
(c)(1) through (c)(7) of this section that are located at a single 
refinery plant site.
    (1) All miscellaneous process vents from petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (2) All storage vessels associated with petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (3) All wastewater streams and treatment operations associated with 
petroleum refining process units meeting the criteria in paragraph (a) 
of this section;
    (4) All equipment leaks from petroleum refining process units 
meeting the criteria in paragraph (a) of this section;
    (5) All gasoline loading racks classified under Standard Industrial 
Classification code 2911 meeting the criteria in paragraph (a) of this 
section;
    (6) All marine vessel loading operations located at a petroleum 
refinery meeting the criteria in paragraph (a) of this section and the 
applicability criteria of subpart Y, Sec. 63.560; and
    (7) All storage vessels and equipment leaks associated with a bulk 
gasoline terminal or pipeline breakout station classified under 
Standard Industrial Classification code 2911 located within a 
contiguous area and under common control with a refinery meeting the 
criteria in paragraph (a) of this section.
    (d) The affected source subject to this subpart does not include 
the emission points listed in paragraphs (d)(1) through (d)(4) of this 
section.
    (1) Stormwater from segregated stormwater sewers;
    (2) Spills; and
    (3) Equipment 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.
    (e) The owner or operator shall follow the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section to determine whether a 
storage vessel is part of a source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a process unit, 
the 

[[Page 43261]]
storage vessel shall be considered part of that process unit.
    (i) If the process unit is a petroleum refining process unit 
subject to this subpart, then the storage vessel is part of the 
affected source to which this subpart applies.
    (ii) If the process unit is not subject to this subpart, then the 
storage vessel is not part of the affected source to which this subpart 
applies.
    (2) If a storage vessel is not dedicated to a single process unit, 
then the applicability of this subpart shall be determined according to 
the provisions in paragraphs (e)(2)(i) through (e)(2)(iii) of this 
section.
    (i) If a storage vessel is shared among process units and one of 
the process units has the predominant use, as determined by paragraphs 
(e)(2)(i)(A) and (e)(2)(i)(B) of this section, then the storage vessel 
is part of that process unit.
    (A) If the greatest input on a volume basis into the storage vessel 
is from a process unit that is located on the same plant site, then 
that process unit has the predominant use.
    (B) If the greatest input on a volume basis into the storage vessel 
is provided from a process unit that is not located on the same plant 
site, then the predominant use shall be the process unit that receives 
the greatest amount of material on a volume basis from the storage 
vessel at the same plant site.
    (ii) If a storage vessel is shared among process units so that 
there is no single predominant use, and at least one of those process 
units is a petroleum refining process unit subject to this subpart, the 
storage vessel shall be considered to be part of the petroleum refining 
process unit that is subject to this subpart. If more than one 
petroleum refining process unit is subject to this subpart, the owner 
or operator may assign the storage vessel to any of the petroleum 
refining process units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that storage vessel during the year 
preceding promulgation of this subpart. This determination shall be 
reported as specified in Sec. 63.654(h)(6)(ii) of this subpart.
    (f) The owner or operator shall follow the procedures specified in 
paragraphs (f)(1) through (f)(5) of this section to determine whether a 
miscellaneous process vent from a distillation unit is part of a source 
to which this subpart applies.
    (1) If the greatest input to the distillation unit is from a 
process unit located on the same plant site, then the distillation unit 
shall be assigned to that process unit.
    (2) If the greatest input to the distillation unit is provided from 
a process unit that is not located on the same plant site, then the 
distillation unit shall be assigned to the process unit located at the 
same plant site that receives the greatest amount of material from the 
distillation unit.
    (3) If a distillation unit is shared among process units so that 
there is no single predominant use, as described in paragraphs (f)(1) 
and (f)(2) of this section, and at least one of those process units is 
a petroleum refining process unit subject to this subpart, the 
distillation unit shall be assigned to the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or operator 
may assign the distillation unit to any of the petroleum refining 
process units subject to this rule.
    (4) If the process unit to which the distillation unit is assigned 
is a petroleum refining process unit subject to this subpart and the 
vent stream contains greater than 20 parts per million by volume total 
organic hazardous air pollutants, then the vent from the distillation 
unit is considered a miscellaneous process vent (as defined in 
Sec. 63.641 of this subpart) and is part of the source to which this 
subpart applies.
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that distillation unit during the year 
preceding promulgation of this subpart. This determination shall be 
reported as specified in Sec. 63.654(f)(1)(ii).
    (g) The provisions of this subpart do not apply to the processes 
specified in paragraphs (g)(1) through (g)(7) of this section.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a petroleum refining 
process unit that is subject to the provisions of this subpart;
    (2) Equipment that does not contain any of the hazardous air 
pollutants listed in table 1 of this subpart that is located within a 
petroleum refining process unit that is subject to this subpart;
    (3) Units processing natural gas liquids;
    (4) Units that are used specifically for recycling discarded oil;
    (5) Shale oil extraction units;
    (6) Ethylene processes; and
    (7) Process units and emission points subject to subparts F, G, H, 
and I of this part.
    (h) Except as provided in paragraphs (k), (l), or (m) of this 
section, sources subject to this subpart are required to achieve 
compliance on or before the dates specified in paragraphs (h)(1) 
through (h)(4) of this section.
    (1) New sources that commence construction or reconstruction after 
July 14, 1994 shall be in compliance with this subpart upon initial 
startup or the date of promulgation of this subpart, whichever is 
later, as provided in Sec. 63.6(b) of subpart A of this part.
    (2) Except as provided in paragraphs (h)(3) through (h)(5) of this 
section, existing sources shall be in compliance with this subpart no 
later than August 18, 1998, except as provided in Sec. 63.6(c) of 
subpart A of this part, or unless an extension has been granted by the 
Administrator as provided in Sec. 63.6(i) of subpart A of this part.
    (3) [Reserved].
    (4) Existing Group 1 floating roof storage vessels shall be in 
compliance with Sec. 63.646 at the next degassing and cleaning activity 
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 (f) as an alternative to the provisions of 
Sec. 63.648 (a) and (b). In such cases, the owner or operator shall 
comply no later than the dates specified in paragraphs (h)(5)(i) 
through (h)(5)(iii) of this section.
    (i) Phase I (see table 2 of this subpart), beginning on August 18, 
1998;
    (ii) Phase II (see table 2 of this subpart), beginning no later 
than August 18, 1999; and
    (iii) Phase III (see table 2 of this subpart), beginning no later 
than June 18, 2001.
    (i) If an additional petroleum refining process unit is added to a 
plant site that is a major source as defined in section 112(a) of the 
Clean Air Act, the addition shall be subject to the requirements for a 
new source if it meets the criteria specified in paragraphs (i)(1) 
through (i)(3) of this section:
    (1) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (2) Such construction commenced after July 14, 1994; and
    (3) The addition has the potential to emit 10 tons per year or more 
of any hazardous air pollutant or 25 tons per year or more of any 
combination of hazardous air pollutants.
    (j) If any change is made to a petroleum refining process unit 
subject to this subpart, the change shall be 

[[Page 43262]]
subject to the requirements for a new source if it meets the criteria 
specified in paragraphs (j)(1) and (j)(2) of this section:
    (1) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part; and
    (2) Such reconstruction commenced after July 14, 1994.
    (k) If an additional petroleum refining process unit is added to a 
plant site or a change is made to a petroleum refining process unit and 
the addition or change is determined to be subject to the new source 
requirements according to paragraphs (i) or (j) of this section it must 
comply with the requirements specified in paragraphs (k)(1) and (k)(2) 
of this section:
    (1) The reconstructed source, addition, or change shall be in 
compliance with the new source requirements upon initial startup of the 
reconstructed source or by the date of promulgation of this subpart, 
whichever is later; and
    (2) The owner or operator of the reconstructed source, addition, or 
change shall comply with the reporting and recordkeeping requirements 
that are applicable to new sources. The applicable reports include, but 
are not limited to:
    (i) The application for approval of construction or reconstruction 
shall be submitted as soon as practical before the construction or 
reconstruction is planned to commence (but it need not be sooner than 
90 days after the date of promulgation of this subpart);
    (ii) The Notification of Compliance Status report as required by 
Sec. 63.654(f) for a new source, addition, or change;
    (iii) Periodic Reports and Other Reports as required by Sec. 63.654 
(g) and (h);
    (iv) Reports and notifications required by Sec. 60.487 of subpart 
VV of part 60 or Sec. 63.182 of subpart H of this part. The 
requirements for subpart H are summarized in table 3 of this subpart;
    (v) Reports required by 40 CFR 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428 (b), (c), 
(g)(1), and (h)(1) through (h)(3) of subpart R. These requirements are 
summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Secs. 63.566 and 63.567 
of subpart Y of this part. These requirements are summarized in table 5 
of this subpart.
    (l) If an additional petroleum refining process unit is added to a 
plant site or if a miscellaneous process vent, storage vessel, gasoline 
loading rack, or marine tank vessel loading operation that meets the 
criteria in paragraphs (c)(1) through (c)(7) of this section is added 
to an existing petroleum refinery or if another deliberate operational 
process change creating an additional Group 1 emission point(s) (as 
defined in Sec. 63.641) is made to an existing petroleum refining 
process unit, and if the addition or process change is not subject to 
the new source requirements as determined according to paragraphs (i) 
or (j) of this section, the requirements in paragraphs (l)(1) through 
(l)(3) of this section shall apply. Examples of process changes 
include, but are not limited to, changes in production capacity, or 
feed or raw material where the change requires construction or physical 
alteration of the existing equipment or catalyst type, or whenever 
there is replacement, removal, or addition of recovery equipment. For 
purposes of this paragraph and paragraph (m) of this section, process 
changes do not include: Process upsets, unintentional temporary process 
changes, and changes that are within the equipment configuration and 
operating conditions documented in the Notification of Compliance 
Status report required by Sec. 63.654(f).
    (1) The added emission point(s) and any emission point(s) within 
the added or changed petroleum refining process unit are subject to the 
requirements for an existing source.
    (2) The added emission point(s) and any emission point(s) within 
the added or changed petroleum refining process unit shall be in 
compliance with this subpart by the dates specified in paragraphs 
(l)(2)(i) or (l)(2)(ii) of this section, as applicable.
    (i) If a petroleum refining process unit is added to a plant site 
or an emission point(s) is added to any existing petroleum refining 
process unit, the added emission point(s) shall be in compliance upon 
initial startup of any added petroleum refining process unit or 
emission point(s) or by 3 years after the date of promulgation of this 
subpart, whichever is later.
    (ii) If a deliberate operational process change to an existing 
petroleum refining process unit causes a Group 2 emission point to 
become a Group 1 emission point (as defined in Sec. 63.641), the owner 
or operator shall be in compliance upon initial startup or by 3 years 
after the date of promulgation of this subpart, whichever is later, 
unless the owner or operator demonstrates to the Administrator that 
achieving compliance will take longer than making the change. If this 
demonstration is made to the Administrator's satisfaction, the owner or 
operator shall follow the procedures in paragraphs (m)(1) through 
(m)(3) of this section to establish a compliance date.
    (3) The owner or operator of a petroleum refining process unit or 
of a storage vessel, miscellaneous process vent, wastewater stream, 
gasoline loading rack, or marine tank vessel loading operation meeting 
the criteria in paragraphs (c)(1) through (c)(7) of this section that 
is added to a plant site and is subject to the requirements for 
existing sources shall comply with the reporting and recordkeeping 
requirements that are applicable to existing sources including, but not 
limited to, the reports listed in paragraphs (l)(3)(i) through 
(l)(3)(vii) of this section. A process change to an existing petroleum 
refining process unit shall be subject to the reporting requirements 
for existing sources including, but not limited to, the reports listed 
in paragraphs (l)(3)(i) through (l)(3)(vii) of this section. The 
applicable reports include, but are not limited to:
    (i) The Notification of Compliance Status report as required by 
Sec. 63.654(f) for the emission points that were added or changed;
    (ii) Periodic Reports and other reports as required by Sec. 63.654 
(g) and (h);
    (iii) Reports and notifications required by sections of subpart A 
of this part that are applicable to this subpart, as identified in 
table 6 of this subpart.
    (iv) Reports and notifications required by Sec. 63.182 of subpart H 
of this part, or Sec. 60.407 of subpart VV of part 60. The requirements 
of subpart H are summarized in table 3 of this subpart;
    (v) Reports required by Sec. 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428 (b), (c), 
(g)(1), and (h)(1) through (h)(3) of subpart R of this part. These 
requirements are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. 63.567 of subpart 
Y of this part. These requirements are summarized in table 5 of this 
subpart.
    (m) If a change that does not meet the criteria in paragraph (l) of 
this section is made to a petroleum refining process unit subject to 
this subpart, and the change causes a Group 2 emission point to become 
a Group 1 emission point (as defined in Sec. 63.641), then the owner or 
operator shall comply with the requirements of this subpart for 
existing sources for the Group 1 emission point as expeditiously as 
practicable, but in no event later than 3 years after the emission 
point becomes Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule. 

[[Page 43263]]

    (2) The compliance schedule shall be submitted within 180 days 
after the change is made or the information regarding the change is 
known to the source, unless the compliance schedule has been previously 
submitted to the permitting authority. 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.
    (3) The Administrator shall approve or deny the compliance schedule 
or request changes within 120 calendar days of receipt of the 
compliance schedule and justification. Approval is automatic if not 
received from the Administrator within 120 calendar days of receipt.
    (n) Overlap of subpart CC with other regulations for storage 
vessels.
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 or Group 2 storage vessel that is part of an 
existing source and is also subject to the provisions of 40 CFR part 60 
subpart Kb is required to comply only with the requirements of 40 CFR 
part 60 subpart Kb.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 storage vessel that is part of a new source and is 
subject to 40 CFR part 60, subpart Kb is required to comply only with 
this subpart.
    (3) 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 the control requirements in Sec. 60.112b of 40 CFR part 60, 
subpart Kb is required to comply only with 40 CFR part 60, subpart Kb.
    (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 the Sec. 60.110b subpart Kb, but is not required to apply 
controls by Sec. 63.110b or 63.112b of subpart Kb is required to comply 
only with this subpart.
    (5) After the compliance dates specified in paragraph (h) of this 
section a Group 1 storage vessel that is also subject to the provisions 
of 40 CFR part 60, subparts K or Ka is required to only comply with the 
provisions of this subpart.
    (6) After compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the control 
requirements of 40 CFR part 60, subparts K or Ka is required to only 
comply with the provisions of 40 CFR part 60, subparts K or Ka.
    (7) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to 40 CFR part 60, 
subparts K or Ka, but not to the control requirements of 40 CFR part 
60, subparts K or Ka, is required to comply only with this subpart.
    (o) Overlap of this subpart CC with other regulations for 
wastewater.
    (1) After the compliance dates specified in paragraph (h) of this 
section a Group 1 wastewater stream managed in a piece of equipment 
that is also subject to the provisions of 40 CFR part 60, subpart QQQ 
is required to comply only with this subpart.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 or Group 2 wastewater stream that is conveyed, 
stored, or treated in a wastewater stream management unit that also 
receives streams subject to the provisions of Secs. 63.133 through 
63.147 of subpart G wastewater provisions of this part shall comply as 
specified in paragraphs (o)(2)(i) through (o)(2)(iii) of this section. 
Compliance with the provisions of paragraph (o)(2) of this section 
shall constitute compliance with the requirements of this subpart for 
that wastewater stream.
    (i) The provisions in Secs. 63.133 through 63.137 and Sec. 63.140 
of subpart G for all equipment used in the storage and conveyance of 
the Group 1 or Group 2 wastewater stream.
    (ii) The provisions in both 40 CFR part 61, subpart FF and in 
Secs. 63.138 and 63.139 of subpart G for the treatment and control of 
the Group 1 or Group 2 wastewater stream.
    (iii) The provisions in Secs. 63.143 through 63.148 of subpart G 
for monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in 40 CFR part 
61, subpart FF, Secs. 61.355 through 61.357.
    (p) Overlap of subpart CC with other regulations for equipment 
leaks. After the compliance dates specified in paragraph (h) of this 
section equipment leaks that are also subject to the provisions of 40 
CFR parts 60 and 61 are required to comply only with the provisions 
specified in this subpart.
    (q) For overlap of subpart CC with local or State regulations, the 
permitting authority for the affected source may allow consolidation of 
the monitoring, recordkeeping, and reporting requirements under this 
subpart with the monitoring, recordkeeping, and reporting requirements 
under other applicable requirements in 40 CFR parts 60, 61, or 63, and 
in any 40 CFR part 52 approved State implementation plan provided the 
implementation plan allows for approval of alternative monitoring, 
reporting, or recordkeeping requirements and provided that the permit 
contains an equivalent degree of compliance and control.
Sec. 63.641  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act, subpart A of this part, and in this section. If the 
same term is defined in subpart A and in this section, it shall have 
the meaning given in this section for purposes of this subpart.
    Affected source means the collection of emission points to which 
this subpart applies as determined by the criteria in Sec. 63.640. The 
term ``affected source,'' as used in this subpart, has the same meaning 
as the term ``affected source'' in subpart A of this part.
    Aliphatic means open-chained structure consisting of paraffin, 
olefin and acetylene hydrocarbons and derivatives.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not by carbon 
equivalents.
    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 vent system means a system that is not open to the 
atmosphere and is configured of piping, ductwork, connections, and, if 
necessary, flow inducing devices that transport gas or vapor from an 
emission point to a control device or back into the process. If gas or 
vapor from regulated equipment is routed to a process (e.g., to a 
petroleum refinery fuel gas system), the process shall not be 
considered a closed vent system and is not subject to closed vent 
system standards.
    Combustion device means an individual unit of equipment such as a 
flare, incinerator, process heater, or boiler used for the combustion 
of organic hazardous air pollutant vapors.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A 
common connector is a flange. Joined fittings welded completely around 
the circumference of the interface are not considered connectors for 
the purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are accessible.
    Continuous record means documentation, either in hard copy or 

[[Page 43264]]
    computer readable form, of data values measured at least once every 
hour and recorded at the frequency specified in Sec. 63.654(i).
    Continuous recorder means a data recording device recording an 
instantaneous data value or an average data value at least once every 
hour.
    Control device means any equipment used for recovering, removing, 
or oxidizing organic hazardous air pollutants. Such equipment includes, 
but is not limited to, absorbers, carbon adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. For miscellaneous 
process vents (as defined in this section), recovery devices (as 
defined in this section) are not considered control devices.
    Delayed coker vent means a vent that is typically intermittent in 
nature, and usually occurs only during the initiation of the 
depressuring cycle of the decoking operation when vapor from the coke 
drums cannot be sent to the fractionator column for product recovery, 
but instead is routed to the atmosphere through a closed blowdown 
system or directly to the atmosphere in an open blowdown system. The 
emissions from the decoking phases of delayed coker operations, which 
include coke drum deheading, draining, or decoking (coke cutting), are 
not considered to be delayed coker vents.
    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 miscellaneous process vent, 
storage vessel, wastewater stream, or equipment leak associated with a 
petroleum refinery process unit; an individual storage vessel or 
equipment leak associated with a bulk gas 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 means emissions of organic hazardous air pollutants 
from a pump, compressor, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system ``in 
organic hazardous air pollutant service'' as defined in this section. 
Vents from wastewater system drains, tank mixers, and sample valves on 
storage tanks are not equipment leaks.
    Flame zone means the portion of a combustion chamber of a boiler or 
process heater occupied by the flame envelope created by the primary 
fuel.
    Flexible operation unit means a process unit that manufactures 
different products periodically by alternating raw materials or 
operating conditions. These units are also referred to as campaign 
plants or blocked operations.
    Flow indicator means a device that indicates whether gas is 
flowing, or whether the valve position would allow gas to flow, in a 
line.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by refinery operations, 
may blend them with sources of gas, if available, and transports the 
blended gaseous fuel at suitable pressures for use as fuel in heaters, 
furnaces, boilers, incinerators, gas turbines, and other combustion 
devices located within or outside of the refinery. The fuel is piped 
directly to each individual combustion device, and the system typically 
operates at pressures over atmospheric. The gaseous streams can contain 
a mixture of methane, light hydrocarbons, hydrogen and other 
miscellaneous species.
    Gasoline loading rack means the loading arms, pumps, meters, 
shutoff valves, relief valves, and other piping and valves necessary to 
fill gasoline cargo tanks.
    Group 1 gasoline loading rack means any gasoline loading rack 
classified under Standard Industrial Classification code 2911 that 
emits from the vapor collection and processing system 10 milligrams of 
total organic compounds per liter of gasoline loaded.
    Group 1 marine tank vessel means a vessel 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 13.6 megagrams of any combination of HAP annually 
after August 18, 1999.
    Group 1 miscellaneous process vent means a miscellaneous process 
vent for which the volatile organic compound concentration, or the 
total organic concentration (minus ethane and methane), 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 and 7 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.
    Group 1 storage vessel means a storage vessel at an existing source 
that has a design storage capacity greater than or equal to 177 cubic 
meters and stored-liquid maximum true vapor pressure greater than or 
equal to 10.4 kilopascals and HAP liquid concentration greater than 4 
percent by weight total organic HAP; a storage vessel at a new source 
that has a design storage capacity greater than or equal to 151 cubic 
meters and stored-liquid maximum true vapor pressure greater than or 
equal to 3.4 kilopascals and HAP liquid concentration greater than 2 
percent by weight total organic HAP; or a storage vessel at a new 
source that has a design storage capacity greater than or equal to 76 
cubic meters and less than 151 cubic meters and stored-liquid maximum 
true vapor pressure greater than or equal to 77 kilopascals and HAP 
liquid concentration greater than 2 percent by weight total organic 
HAP.
    Group 1 wastewater stream means a wastewater stream at a petroleum 
refinery with a total annual benzene loading of 10 megagrams per year 
or greater as calculated according to the procedures in 40 CFR 61.342 
of subpart FF of part 61 that has a flow rate of 0.02 liters per minute 
or greater, a benzene concentration of 10 parts per million by weight 
or greater, and is not exempt from control requirements under the 
provisions of 40 CFR part 61, subpart FF.
    Group 2 gasoline loading rack means a gasoline loading rack 
classified under Standard Industrial Classification code 2911 that does 
not meet the definition of a Group 1 gasoline loading rack.
    Group 2 marine tank vessel means a marine tank vessel that does not 
meet the definition of a Group 1 marine tank vessel.
    Group 2 miscellaneous process vent means a miscellaneous process 
vent that does not meet the definition of a Group 1 miscellaneous 
process vent.
    Group 2 storage vessel means a storage vessel that does not meet 
the definition of a Group 1 storage vessel.
    Group 2 wastewater stream means a wastewater stream that does not 
meet the definition of Group 1 wastewater stream. 

[[Page 43265]]

    Hazardous air pollutant or HAP means one of the chemicals listed in 
section 112(b) of the Clean Air Act.
    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.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains 
a liquid that meets the conditions specified in Sec. 60.593(d) of part 
60, subpart GGG.
    In organic hazardous air pollutant service means that a piece of 
equipment either contains or contacts 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 of this part 
and table 1 of this subpart. 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.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored liquid at the temperature equal to the highest 
calendar-month average of the liquid storage temperature for liquids 
stored above or below the ambient temperature or at the local maximum 
monthly average temperature as reported by the National Weather Service 
for liquids stored at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Miscellaneous process vent means a gas stream containing greater 
than 20 parts per million by volume organic HAP that is continuously or 
periodically discharged during normal operation of a petroleum refining 
process unit meeting the criteria specified in Sec. 63.640(a). 
Miscellaneous process vents include gas streams that are discharged 
directly to the atmosphere, gas streams that are routed to a control 
device prior to discharge to the atmosphere, or gas streams that are 
diverted through a product recovery device prior to control or 
discharge to the atmosphere. Miscellaneous process vents include vent 
streams from: caustic wash accumulators, distillation tower condensers/
accumulators, flash/knockout drums, reactor vessels, scrubber 
overheads, stripper overheads, vacuum (steam) ejectors, wash tower 
overheads, water wash accumulators, blowdown condensers/accumulators, 
and delayed coker vents. Miscellaneous process vents do not include:
    (1) Gaseous streams routed to a fuel gas system;
    (2) Relief valve discharges;
    (3) Leaks from equipment regulated under Sec. 63.648;
    (4) Episodic or nonroutine releases such as those associated with 
startup, shutdown, malfunction, maintenance, depressuring, and catalyst 
transfer operations;
    (5) In situ sampling systems (onstream analyzers);
    (6) Catalytic cracking unit catalyst regeneration vents;
    (7) Catalytic reformer regeneration vents;
    (8) Sulfur plant vents;
    (9) Vents from control devices such as scrubbers, boilers, 
incinerators, and electrostatic precipitators applied to catalytic 
cracking unit catalyst regeneration vents, catalytic reformer 
regeneration vents, and sulfur plant vents;
    (10) Vents from any stripping operations applied to comply with the 
wastewater provisions of this subpart, subpart G of this part, or 40 
CFR part 61, subpart FF;
    (11) Coking unit vents associated with coke drum depressuring at or 
below a coke drum outlet pressure of 15 pounds per square inch gauge, 
deheading, draining, or decoking (coke cutting) or pressure testing 
after decoking; and
    (12) Vents from storage vessels.
    Operating permit means a permit required by 40 CFR parts 70 or 71.
    Organic hazardous air pollutant or organic HAP in this subpart, 
means any of the organic chemicals listed in table 1 of this subpart.
    Petroleum-based solvents means mixtures of aliphatic hydrocarbons 
or mixtures of one and two ring aromatic hydrocarbons.
    Periodically discharged means discharges that are intermittent and 
associated with routine operations. Discharges associated with 
maintenance activities or process upsets are not considered 
periodically discharged miscellaneous process vents and are therefore 
not regulated by the petroleum refinery miscellaneous process vent 
provisions.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in the 
Standard Industrial Classification code for petroleum refining (2911), 
and used primarily for the following:
    (1) Producing transportation fuels (such as gasoline, diesel fuels, 
and jet fuels), heating fuels (such as kerosene, fuel gas distillate, 
and fuel oils), or lubricants;
    (2) Separating petroleum; or
    (3) Separating, cracking, reacting, or reforming intermediate 
petroleum streams.
    (4) Examples of such units include, but are not limited to, 
petroleum-based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming, catalytic cracking, crude distillation, lube oil 
processing, hydrogen production, isomerization, polymerization, thermal 
processes, and blending, sweetening, and treating processes. Petroleum 
refining process units also include sulfur plants.
    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.
    Primary fuel means the fuel that provides the principal heat input 
(i.e., more than 50 percent) to the 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 primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    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 any associated 
storage vessels. For the purpose of this subpart, process unit 
includes, but is not limited to, chemical manufacturing process units 
and petroleum refining process units.
    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 accomplished. 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 considered a process unit shutdown. An unscheduled 

[[Page 43266]]
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, or would result in greater 
emissions than delay of repair of leaking components until the next 
scheduled process unit shutdown is not considered a process unit 
shutdown. The use of spare equipment and technically feasible bypassing 
of equipment without stopping production are not considered process 
unit shutdowns.
    Recovery device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals for use, reuse, or 
sale. Recovery devices include, but are not limited to, absorbers, 
carbon adsorbers, and condensers.
    Reference control technology for gasoline loading racks means a 
vapor collection and processing system used to reduce emissions due to 
the loading of gasoline cargo tanks to 10 milligrams of total organic 
compounds per liter of gasoline loaded or less.
    Reference control technology for marine vessels means a vapor 
collection system and a control device that reduces captured HAP 
emissions by 97 percent.
    Reference control technology for miscellaneous process vents means 
a combustion device used to reduce organic HAP emissions by 98 percent, 
or to an outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means either:
    (1) An internal floating roof meeting the specifications of 
Sec. 63.119(b) of subpart G except for Sec. 63.119 (b)(5) and (b)(6);
    (2) An external floating roof meeting the specifications of 
Sec. 63.119(c) of subpart G except for Sec. 63.119(c)(2);
    (3) An external floating roof converted to an internal floating 
roof meeting the specifications of Sec. 63.119(d) of subpart G except 
for Sec. 63.119(d)(2); or
    (4) A closed-vent system to a control device that reduces organic 
HAP emissions by 95-percent, or to an outlet concentration of 20 parts 
per million by volume.
    (5) For purposes of emissions averaging, these four technologies 
are considered equivalent.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Secs. 61.343 through 61.347 of subpart FF 
of part 61;
    (2) A treatment process that achieves the emission reductions 
specified in table 7 of this subpart for each individual HAP present in 
the wastewater stream or is a steam stripper that meets the 
specifications in Sec. 63.138(g) of subpart G of this part; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from treatment 
processes (including the steam stripper described in paragraph (2) of 
this definition) managing wastewater.
    Refinery fuel gas means a gaseous mixture of methane, light 
hydrocarbons, hydrogen, and other miscellaneous species (nitrogen, 
carbon dioxide, hydrogen sulfide, etc.) that is produced in the 
refining of crude oil and/or petrochemical processes and that is 
separated for use as a fuel in boilers and process heaters throughout 
the refinery.
     Relief 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.
    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.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that are in organic HAP service. Storage vessel does 
not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 40 cubic meters;
    (4) Bottoms receiver tanks; or
    (5) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    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.
    Total annual benzene means the total amount of benzene in waste 
streams at a facility on an annual basis as determined in Sec. 61.342 
of 40 CFR part 61, subpart FF.
    Total organic compounds or TOC, as used in this subpart, means 
those compounds excluding methane and ethane measured according to the 
procedures of Method 18 of 40 CFR part 60, appendix A. Method 25A may 
be used alone or in combination with Method 18 to measure TOC as 
provided in Sec. 63.645 of this subpart.
    Wastewater means water or wastewater that, during production or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product and is discharged into any 
individual drain system. Examples are feed tank drawdown; water formed 
during a chemical reaction or used as a reactant; water used to wash 
impurities from organic products or reactants; water used to cool or 
quench organic vapor streams through direct contact; and condensed 
steam from jet ejector systems pulling vacuum on vessels containing 
organics.


Sec. 63.642  General standards.

    (a) Each owner or operator of a source subject to this subpart is 
required to apply for a part 70 or part 71 operating permit from the 
appropriate permitting authority. If the EPA has approved a State 
operating permit program under part 70, the permit shall be obtained 
from the State authority. If the State operating permit program has not 
been approved, the source shall apply to the EPA Regional Office 
pursuant to part 71.
    (b) [Reserved]
    (c) Table 6 of this subpart specifies the provisions of subpart A 
of this part that apply and those that do not apply to owners and 
operators of sources subject to this subpart.
    (d) Initial performance tests and initial compliance determinations 
shall be required only as specified in this subpart.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures specified in this 
subpart.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled.
    (3) Performance tests shall be conducted according to the 
provisions of Sec. 63.7(e) except that performance tests shall be 
conducted at maximum representative operating capacity for the process. 
During the performance test, an owner or operator shall operate the 
control device at either maximum or minimum representative operating 
conditions for monitored control device 

[[Page 43267]]
parameters, whichever results in lower emission reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable section or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (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. Records for the most recent 2 years 
shall be retained onsite at the source or shall be accessible from a 
central location by computer. The remaining 3 years of records may be 
retained offsite. 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.
    (f) All reports required under this subpart shall be sent to the 
Administrator at the addresses listed in Sec. 63.13 of subpart A of 
this part. If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (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 + 
0.025ES1 + 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 except offshore 
loading terminals, and 0.05 for new offshore loading terminals.
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 change or as 
the number of emission points in the source change.
    (h) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's 
to the level represented by the equation in paragraph (g) of this 
section.
    (i) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (g) of this section 
by following the procedures specified in paragraph (k) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (l) of this section for 
specified emission points and the procedures specified in paragraph (k) 
of this section for all other emission points within the source.
    (j) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (h) of this section 
only by following the procedures in paragraph (k) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (k) The owner or operator of an existing source may comply, and the 
owner or operator of a new source shall comply, with the miscellaneous 
process vent provisions in Secs. 63.643 through 63.645, the storage 
vessel provisions in Sec. 63.646, the wastewater provisions in 
Sec. 63.647, the gasoline loading rack provisions in Sec. 63.650, and 
the marine tank vessel loading operation provisions in Sec. 63.651 of 
this subpart.
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. 63.654 as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(g) of this section.
    (l) The owner or operator of an existing source may elect to 
control some of the emission points within the source to different 
levels than specified under Secs. 63.643 through 63.647, Secs. 63.650 
and 63.651 by using an emissions averaging compliance approach as long 
as the overall emissions for the source do not exceed the emission 
level specified in paragraph (g) of this section. The owner or operator 
using emissions averaging shall meet the requirements in paragraphs 
(l)(1) and (l)(2) of this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average according to the procedures specified 
in Sec. 63.652; and
    (2) Comply with the requirements of Secs. 63.652, 63.653, and 
63.654, as applicable.
    (m) A State may restrict the owner or operator of an existing 
source to using only the procedures in paragraph (k) of this section to 
comply with the emission standard in paragraph (g) of this section. 
Such a restriction would preclude the source from using an emissions 
averaging compliance approach.


Sec. 63.643  Miscellaneous process vent provisions.

    (a) The owner or operator of a Group 1 miscellaneous process vent 
as defined in Sec. 63.641 shall comply with the requirements of either 
paragraphs (a)(1) or (a)(2) of this section.
    (1) Reduce emissions of organic HAP's using a flare that meets the 
requirements of Sec. 63.11(b) of subpart A of this part.
    (2) Reduce emissions of organic HAP's, using a control device, by 
98 weight-percent or to a concentration of 20 parts per million by 
volume, on a dry basis, corrected to 3 percent oxygen, whichever is 
less stringent. Compliance can be determined by measuring either 
organic HAP's or TOC's using the procedures in Sec. 63.645.
    (b) If a boiler or process heater is used to comply with the 
percentage of reduction requirement or concentration limit specified in 
paragraph (a)(2) of this section, then the vent stream shall be 
introduced into the flame zone of such 

[[Page 43268]]
a device, or in a location such that the required percent reduction or 
concentration is achieved. Testing and monitoring is required only as 
specified in Sec. 63.644(a) and Sec. 63.645 of this subpart.


Sec. 63.644  Monitoring provisions for miscellaneous process vents.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 miscellaneous process vent that uses a 
combustion device to comply with the requirements in Sec. 63.643(a) 
shall install the monitoring equipment specified in paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this section, depending on the type of 
combustion device used. All monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturer's 
specifications.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is 
used, a temperature monitoring device shall be installed in the firebox 
or in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, an ultraviolet beam sensor, or an infrared sensor) 
capable of continuously detecting the presence of a pilot flame is 
required.
    (3) Any boiler or process heater with a design heat input capacity 
greater than or equal to 44 megawatt or any boiler or process heater in 
which all vent streams are introduced into the flame zone is exempt 
from monitoring.
    (4) Any boiler or process heater less than 44 megawatts design heat 
capacity where the vent stream is not introduced into the flame zone is 
required to use a temperature monitoring device in the firebox equipped 
with a continuous recorder.
    (b) An owner or operator of a Group 1 miscellaneous process vent 
may request approval to monitor parameters other than those listed in 
paragraph (a) of this section. The request shall be submitted according 
to the procedures specified in Sec. 63.654(h). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device other than an incinerator, boiler, 
process heater, or flare; or
    (2) Uses one of the control devices listed in paragraph (a) of this 
section, but seeks to monitor a parameter other than those specified in 
paragraph (a) of this section.
    (c) The owner or operator of a Group 1 miscellaneous process vent 
using a vent system that contains bypass lines that could divert a vent 
stream away from the control device used to comply with paragraph (a) 
of this section shall comply with either paragraph (c)(1) or (c)(2) of 
this section. Equipment such as low leg drains, high point bleeds, 
analyzer vents, open-ended valves or lines, pressure relief valves 
needed for safety reasons, and equipment subject to Sec. 63.648 are not 
subject to this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether a vent stream flow is present at least once every 
hour. Records shall be generated as specified in Sec. 63.654(h) and 
(i). The flow indicator shall be installed at the entrance to any 
bypass line that could divert the vent stream away from the control 
device to the atmosphere; or
    (2) Secure the bypass line valve in the closed 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 that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line.
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec. 63.654(f)(1)(ii) shall be 
submitted in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a 
manner that constitutes a period of excess emissions, as defined in 
Sec. 63.654(g)(6), or failure to perform procedures required by this 
section shall constitute a violation of the applicable emission 
standard of this subpart.


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(d) and (e) of 
subpart G of this part except as provided in paragraphs (b) through (d) 
of this section.
    (b) All references to Sec. 63.113(a)(1) or (a)(2) in Sec. 63.116 of 
subpart G of this part shall be replaced with Sec. 63.643(a)(1) or 
(a)(2), respectively.
    (c) In Sec. 63.116(c)(4)(ii)(C) of subpart G of this part, organic 
HAP's in the list of HAP's in table 1 of this subpart shall be 
considered instead of the organic HAP's in table 2 of subpart F of this 
part.
    (d) All references to Sec. 63.116(b)(1) or (b)(2) shall be replaced 
with paragraphs (d)(1) and (d)(2) of this section, respectively.
    (1) Any boiler or process heater with a design heat input capacity 
of 44 megawatts or greater.
    (2) Any boiler or process heater in which all vent streams are 
introduced into the flame zone.
    (e) For purposes of determining the TOC emission rate, as specified 
under paragraph (f) of this section, the sampling site shall be after 
the last product recovery device (as defined in Sec. 63.641 of this 
subpart) (if any recovery devices are present) but prior to the inlet 
of any control device (as defined in Sec. 63.641 of this subpart) that 
is present, prior to any dilution of the process vent stream, and prior 
to release to the atmosphere.
    (1) Methods 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (f) Except as provided in paragraph (g) of this section, an owner 
or operator seeking to demonstrate that a process vent TOC mass flow 
rate is less than 33 kilograms per day for an existing source or less 
than 6.8 kilograms per day for a new source in accordance with the 
Group 2 process vent definition of this subpart shall determine the TOC 
mass flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(e) of this section.
    (2) The gas volumetric flow rate shall be determined using Methods 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used. If Method 25A is used, and the TOC 
mass flow rate calculated from the Method 25A measurement is greater 
than or equal to 33 kilograms per day for an existing source or 6.8 
kilograms per day for a new source, Method 18 may be used to determine 

[[Page 43269]]
any non-VOC hydrocarbons that may be deducted to calculate the TOC 
(minus non-VOC hydrocarbons) concentration and mass flow rate. The 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (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 TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation if Method 18 is used:
[GRAPHIC][TIFF OMITTED]TR18AU95.000

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.

    (4) The emission rate of TOC (minus methane and ethane) (ETOC) 
shall be calculated using the following equation if Method 18 is used:
[GRAPHIC][TIFF OMITTED]TR18AU95.001

where:
E=Emission rate of TOC (minus methane and ethane) in the sample, 
kilograms per day.
K2=Constant, 2.494 x 10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram per gram) (minutes per hour), 
where the standard temperature (standard cubic meter) is at 20  deg.C.
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 (f)(3) of this section. Cj includes all 
organic compounds measured minus methane and ethane.
Mj=Molecular weight of organic compound j, gram per gram-mole.
Qs=Vent stream flow rate, dry standard cubic meters per minute, at 
a temperature of 20  deg.C.

    (5) If Method 25A is used the emission rate of TOC (ETOC) shall be 
calculated using the following equation:

E=K2 CTOC Qs

where:
E=Emission rate of TOC (minus methane and ethane) in the sample, 
kilograms per day.
K2=Constant, 2.494 x 10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram per gram) (minutes per hour), 
where the standard temperature (standard cubic meter) is at 20  deg.C.
CTOC=Concentration of TOC on a dry basis in parts per million 
volume as measured by Method 25A of 40 CFR part 60, appendix A, as 
indicated in paragraph (f)(3) of this section.
Qs=Vent stream flow rate, dry standard cubic meters per minute, at 
a temperature of 20  deg.C.

    (g) Engineering assessment may be used to determine the TOC 
emission rate for the representative operating condition expected to 
yield the highest daily emission rate.
    (1) Engineering assessment includes, but is not limited to, the 
following:
    (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) TOC emission rate 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:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC concentrations;
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (C) Estimation of TOC concentrations based on saturation 
conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (h) The owner or operator of a Group 2 process vent shall 
recalculate the TOC emission rate for each process vent, as necessary, 
whenever process changes are made to determine whether the vent is in 
Group 1 or Group 2. Examples of process changes include, but are not 
limited to, changes in production capacity, production rate, or 
catalyst type, or whenever there is replacement, removal, or addition 
of recovery equipment. For purposes of this paragraph, process changes 
do not include: process upsets; unintentional, temporary process 
changes; and changes that are within the range on which the original 
calculation was based.
    (1) The TOC emission rate shall be recalculated based on 
measurements of vent stream flow rate and TOC as specified in 
paragraphs (e) and (f) of this section, as applicable, or on best 
engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in paragraph (g) of this 
section.
    (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 (c), (d), (e), (f), or (g), or (h) and 
shall comply with the appropriate provisions in Sec. 63.643 by the 
dates specified in Sec. 63.640.


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 of subpart G of this part except as provided in paragraphs (b) 
through (m) of this section.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in 40 CFR part 63, subparts A or G. 
The Group 1 storage vessel definition presented in Sec. 63.641 shall 
apply in lieu of the Group 1 storage vessel definitions presented in 
tables 5 and 6 of Sec. 63.119 of subpart G of this part.
    (1) An owner or operator may use good engineering judgement or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on 
whether the weight percent organic HAP in the stored liquid is above or 
below 4 percent for existing sources and 2 percent for new sources, 
Method 18 of 40 CFR part 60, appendix A shall be used.
    (c) The following paragraphs do not apply to storage vessels at 
existing sources subject to this subpart: Sec. 63.119 (b)(5), (b)(6), 
(c)(2), and (d)(2).
    (d) References shall be replaced as specified in paragraphs (d)(1) 
through (d)(9) of this section.
    (1) All references to Sec. 63.100(k) of subpart F of this part (or 
the schedule provisions and the compliance date) shall be replaced with 
Sec. 63.640(h),
    (2) All references to April 22, 1994 shall be replaced with August 
18, 1995. 

[[Page 43270]]

    (3) All references to December 31, 1992 shall be replaced with July 
15, 1994.
    (4) All references to the compliance dates specified in Sec. 63.100 
of subpart F shall be replaced with Sec. 63.640 (h) through (m).
    (5) All references to Sec. 63.150 in Sec. 63.119 of subpart G of 
this part shall be replaced with Sec. 63.652.
    (6) All references to Sec. 63.113(a)(2) of subpart G shall be 
replaced with Sec. 63.643(a)(2) of this subpart.
    (7) All references to Sec. 63.126(b)(1) of subpart G shall be 
replaced with Sec. 63.422(b) of subpart R of this part.
    (8) All references to Sec. 63.128(a) of subpart G shall be replaced 
with Sec. 63.425, paragraphs (a) through (c) and (e) through (h) of 
subpart R of this part.
    (9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(iii) 
of subpart G shall be replaced with Sec. 61.355 of subpart FF of part 
61.
    (e) When complying with the inspection requirements of Sec. 63.120 
of subpart G of this part, owners and operators of storage vessels at 
existing sources subject to this subpart are not required to comply 
with the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this 
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating 
roof, the cover or lid shall remain closed except when the cover or lid 
must be open for access.
    (2) Rim space vents are to be set to open only when the floating 
roof is not floating or when the pressure beneath the rim seal exceeds 
the manufacturer's recommended setting.
    (3) Automatic bleeder vents are to be closed at all times when the 
roof is floating except when the roof is being floated off or is being 
landed on the roof leg supports.
    (g) Failure to perform inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (h) References in Secs. 63.119 through 63.121 to Sec. 63.122(g)(1), 
Sec. 63.151, and references to initial notification requirements do not 
apply.
    (i) References to the Implementation Plan in Sec. 63.120, 
paragraphs (d)(2) and (d)(3)(i) shall be replaced with the Notification 
of Compliance Status report.
    (j) References to the Notification of Compliance Status report in 
Sec. 63.152(b) shall be replaced with Sec. 63.654(f).
    (k) References to the Periodic Reports in Sec. 63.152(c) shall be 
replaced with Sec. 63.654(g).
    (l) The State or local permitting authority can waive the 
notification requirements of Secs. 63.120(a)(5), 63.120(a)(6), 
63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage 
vessels at petroleum refineries subject to this subpart. The State or 
local permitting authority may also grant permission to refill storage 
vessels sooner than 30 days after submitting the notifications in 
Secs. 63.120(a)(6) or 63.120(b)(10)(iii) for all storage vessels at a 
refinery or for individual storage vessels on a case-by-case basis.


Sec. 63.647  Wastewater provisions.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 wastewater stream shall comply with the 
requirements of Secs. 61.340 through 61.355 of 40 CFR part 61, subpart 
FF for each process wastewater stream that meets the definition in 
Sec. 63.641.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in the Clean Air Act or in 40 CFR 
part 61, subpart FF, Sec. 61.341.
    (c) Each owner or operator required under subpart FF of 40 CFR part 
61 to perform periodic measurement of benzene concentration in 
wastewater, or to monitor process or control device operating 
parameters shall operate in a manner consistent with the minimum or 
maximum (as appropriate) permitted concentration or operating parameter 
values. Operation of the process, treatment unit, or control device 
resulting in a measured concentration or operating parameter value 
outside the permitted limits shall constitute a violation of the 
emission standards. Failure to perform required leak monitoring for 
closed vent systems and control devices or failure to repair leaks 
within the time period specified in subpart FF of 40 CFR part 61 shall 
constitute a violation of the standard.


Sec. 63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the 
provisions of this subpart shall comply with the provisions of 40 CFR 
part 60 subpart VV and paragraph (b) of this section except as provided 
in paragraphs (a)(1), (a)(2), and (c) through (i) of this section. Each 
owner or operator of a new source subject to the provisions of this 
subpart shall comply with subpart H of this part except as provided in 
paragraphs (c) through (i) of this section.
    (1) For purposes of compliance with this section, the provisions of 
40 CFR part 60, subpart VV apply only to equipment in organic HAP 
service, as defined in Sec. 63.641 of this subpart.
    (2) Calculation of percentage leaking equipment components for 
subpart VV of 40 CFR part 60 may be done on a process unit basis or a 
sourcewide basis. Once the owner or operator has decided, all 
subsequent calculations shall be on the same basis unless a permit 
change is made.
    (b) The use of monitoring data generated before August 18, 1995 to 
qualify for less frequent monitoring of valves and pumps as provided 
under 40 CFR part 60 subpart VV or subpart H of this part and paragraph 
(c) of this section (i.e., quarterly or semiannually) is governed by 
the requirements of paragraphs (b)(1) and (b)(2) of this section.
    (1) Monitoring data must meet the test methods and procedures 
specified in Sec. 60.485(b) of 40 CFR part 60, subpart VV or 
Sec. 63.180(b)(1) through (b)(5) of subpart H of this part except for 
minor departures.
    (2) Departures from the criteria specified in Sec. 60.485(b) of 40 
CFR part 60 subpart VV or Sec. 63.180(b)(1) through (b)(5) of subpart H 
of this part or from the monitoring frequency specified in subpart VV 
or in paragraph (c) of this section (such as every 6 weeks instead of 
monthly or quarterly) are minor and do not significantly affect the 
quality of the data. An example of a minor departure is monitoring at a 
slightly different frequency (such as every 6 weeks instead of monthly 
or quarterly). Failure to use a calibrated instrument is not considered 
a minor departure.
    (c) In lieu of complying with the existing source provisions of 
paragraph (a) in this section, an owner or operator may elect to comply 
with the requirements of Secs. 63.161 through 63.169, 63.171, 63.172, 
63.175, 63.176, 63.177, 63.179, and 63.180 of subpart H of this part 
except as provided in paragraphs (c)(1) through (c)(10) and (e) through 
(i) of this section.
    (1) The instrument readings that define a leak for light liquid 
pumps subject to Sec. 63.163 of subpart H of this part and gas/vapor 
and light liquid valves subject to Sec. 63.168 of subpart H of this 
part are specified in table 2 of this subpart.
    (2) In phase III of the valve standard, the owner or operator may 
monitor valves for leaks as specified in paragraphs (c)(2)(i) or 
(c)(2)(ii) of this section.
    (i) If the owner or operator does not elect to monitor connectors, 
then the owner or operator shall monitor valves according to the 
frequency specified in table 8 of this subpart.
    (ii) If an owner or operator elects to monitor connectors according 
to the provisions of Sec. 63.649, paragraphs (b), 

[[Page 43271]]
(c), or (d), then the owner or operator shall monitor valves at the 
frequencies specified in table 9 of this subpart.
    (3) The owner or operator shall decide no later than the first 
required monitoring period after the phase I compliance date specified 
in Sec. 63.640(h) whether to calculate the percentage leaking valves on 
a process unit basis or on a sourcewide basis. Once the owner or 
operator has decided, all subsequent calculations shall be on the same 
basis unless a permit change is made.
    (4) The owner or operator shall decide no later than the first 
monitoring period after the phase III compliance date specified in 
Sec. 63.640(h) whether to monitor connectors according to the 
provisions in Sec. 63.649, paragraphs (b), (c), or (d).
    (5) Connectors in gas/vapor service or light liquid service are 
subject to the requirements for connectors in heavy liquid service in 
Sec. 63.169 of subpart H of this part (except for the agitator 
provisions). The leak definition for valves, connectors, and 
instrumentation systems subject to Sec. 63.169 is 1,000 parts per 
million.
    (6) In phase III of the pump standard, except as provided in 
paragraph (c)(7) of this section, owners or operators that achieve less 
than 10 percent of light liquid pumps leaking or three light liquid 
pumps leaking, whichever is greater, shall monitor light liquid pumps 
monthly.
    (7) Owners or operators that achieve less than 3 percent of light 
liquid pumps leaking or one light liquid pump leaking, whichever is 
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in 
paragraphs (c)(3) and (c)(4) of this section at any time except that 
any election to change after the initial election shall be treated as a 
permit modification according to the terms of part 70 of this chapter.
    (9) When complying with the requirements of Sec. 63.138(e)(3)(i) of 
subpart H of this part, 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. Otherwise, a number of non-
repairable valves up to a maximum of 1 percent per year of the total 
number of valves in organic HAP service up to a maximum of 3 percent 
may be excluded from calculation of percent leaking valves for 
subsequent monitoring periods. When the number of non-repairable valves 
exceeds 3 percent of the total number of valves in organic HAP service, 
the number of non-repairable valves exceeding 3 percent of the total 
number shall be included in the calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated, 
as described in 40 CFR 60.4685(e)(2), as having no detectable emissions 
the owner or operator has the option of following the provisions of 
Sec. 60.482-7(f) of subpart VV of part 60. If an owner or operator 
chooses to comply with the provisions of 40 CFR 60.482-7(f), the valve 
is exempt from the valve monitoring provisions of Sec. 63.168 of 
subpart H of this part.
    (d) Upon startup of new sources, the owner or operator shall comply 
with Sec. 63.163(a)(1)(ii) of subpart H of this part for light liquid 
pumps and Sec. 63.168(a)(1)(ii) of subpart H of this part for gas/vapor 
and light liquid valves.
    (e) For reciprocating pumps in heavy liquid service, owners and 
operators are not required to comply with the requirements in 
Sec. 63.169 of subpart H of this part.
    (f) Reciprocating pumps in light liquid service are exempt from 
Secs. 63.163 and 60.482 if recasting the distance piece or 
reciprocating pump replacement is required.
    (g) Compressors in hydrogen service are exempt from the 
requirements of paragraphs (a) and (c) of this section if an owner or 
operator demonstrates that a compressor is in hydrogen service.
    (1) Each compressor is presumed not to be in hydrogen service 
unless an owner or operator demonstrates that the piece of equipment is 
in hydrogen service.
    (2) For a piece of equipment to be considered in hydrogen service, 
it must be determined that the percentage hydrogen content can be 
reasonably expected always to exceed 50 percent by volume.
    (i) For purposes of determining the percentage hydrogen content in 
the process fluid that is contained in or contacts a compressor, the 
owner or operator shall use either:
    (A) Procedures that conform to those specified in Sec. 60.593(b)(2) 
of 40 part 60, subpart GGG.
    (B) Engineering judgment to demonstrate that the percentage content 
exceeds 50 percent by volume, provided the engineering judgment 
demonstrates that the content clearly exceeds 50 percent by volume.
    (1) When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is in hydrogen service, the procedures in 
paragraph (g)(2)(i)(A) of this section shall be used to resolve the 
disagreement.
    (2) If an owner or operator determines that a piece of equipment is 
in hydrogen service, the determination can be revised only by following 
the procedures in paragraph (g)(2)(i)(A) of this section.
    (h) Each owner or operator of a source subject to the provisions of 
this subpart must maintain all records for a minimum of 5 years.
    (i) Reciprocating compressors are exempt from seal requirements if 
recasting the distance piece or compressor replacement is required.


Sec. 63.649  Alternative means of emission limitation: Connectors in 
gas/vapor service and light liquid service.

    (a) If an owner or operator elects to monitor valves according to 
the provisions of Sec. 63.648(c)(2)(ii), the owner or operator shall 
implement one of the connector monitoring programs specified in 
paragraphs (b), (c), or (d) of this section.
    (b) Random 200 connector alternative. The owner or operator shall 
implement a random sampling program for accessible connectors of 2.0 
inches nominal diameter or greater. The program does not apply to 
inaccessible or unsafe-to-monitor connectors, as defined in Sec. 63.174 
of subpart H. The sampling program shall be implemented source-wide.
    (1) Within the first 12 months after the phase III compliance date 
specified in Sec. 63.640(h), a sample of 200 connectors shall be 
randomly selected and monitored using Method 21 of 40 CFR part 60, 
appendix A.
    (2) The instrument reading that defines a leak is 1,000 parts per 
million.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected except as provided in paragraph (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, the connector shall be monitored for 
leaks within the first 3 months after its repair.
    (5) After conducting the initial survey required in paragraph 
(b)(1) of this section, the owner or operator shall conduct subsequent 
monitoring of connectors at the frequencies specified in paragraphs 
(b)(5)(i) through (b)(5)(iv) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall survey a random sample of 200 connectors 
once every 6 months.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or 

[[Page 43272]]
operator shall survey a random sample of 200 connectors once per year.
    (iii) If the percentage leaking connectors is 0.5 percent or 
greater but less than 1.0 percent, the owner or operator shall survey a 
random sample of 200 connectors once every 2 years.
    (iv) If the percentage leaking connectors is less than 0.5 percent, 
the owner or operator shall survey a random sample of 200 connectors 
once every 4 years.
    (6) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (c) Connector inspection alternative. The owner or operator shall 
implement a program to monitor all accessible connectors in gas/vapor 
service that are 2.0 inches (nominal diameter) or greater and inspect 
all accessible connectors in light liquid service that are 2 inches 
(nominal diameter) or greater as described in paragraphs (c)(1) through 
(c)(7) of this section. The program does not apply to inaccessible or 
unsafe-to-monitor connectors.
    (1) Within 12 months after the phase III compliance date specified 
in Sec. 63.640(h), all connectors in gas/vapor service shall be 
monitored using Method 21 of 40 CFR part 60 appendix A. The instrument 
reading that defines a leak is 1,000 parts per million.
    (2) All connectors in light liquid service shall be inspected for 
leaks. A leak is detected if liquids are observed to be dripping at a 
rate greater than three drops per minute.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected except as provided in paragraph (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, connectors in gas/vapor service shall be 
monitored for leaks within the first 3 months after repair. Connectors 
in light liquid service shall be inspected for indications of leaks 
within the first 3 months after repair. A leak is detected if liquids 
are observed to be dripping at a rate greater than three drops per 
minute.
    (5) After conducting the initial survey required in paragraphs 
(c)(1) and (c)(2) of this section, the owner or operator shall conduct 
subsequent monitoring at the frequencies specified in paragraphs 
(c)(5)(i) through (c)(5)(iii) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once per year.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall monitor or 
inspect, as applicable, the connectors once every 2 years.
    (iii) If the percentage leaking connectors is less than 1.0 
percent, the owner or operator shall monitor or inspect, as applicable, 
the connectors once every 4 years.
    (6) The percentage leaking connectors shall be calculated for 
connectors in gas/vapor service and for connectors in light liquid 
service. The data for the two groups of connectors shall not be pooled 
for the purpose of determining the percentage leaking connectors.
    (i) The percentage leaking connectors shall be calculated as 
follows:

% CL=[(CL-CAN)/Ct+Cc)] x 100

where:
% CL=Percentage leaking connectors.
CL=Number of connectors including nonrepairables, measured at 
1,000 parts per million or greater, by Method 21 of 40 CFR part 60, 
Appendix A.
CAN=Number of allowable nonrepairable connectors, as determined by 
monitoring, not to exceed 3 percent of the total connector population, 
Ct.
Ct=Total number of monitored connectors, including nonrepairables, 
in the process unit.
Cc=Optional credit for removed connectors=0.67 x net number (i.e., 
the total number of connectors removed minus the total added) of 
connectors in organic HAP service removed from the process unit after 
the applicability date set forth in Sec. 63.640(h)(4)(iii) for existing 
process units, and after the date of start-up for new process units. If 
credits are not taken, then Cc=0.

    (ii) Nonrepairable connectors shall be included in the calculation 
of percentage leaking connectors the first time the connector is 
identified as leaking and nonrepairable. Otherwise, a number of 
nonrepairable connectors up to a maximum of 1 percent per year of the 
total number of connectors in organic HAP service up to a maximum of 3 
percent may be excluded from calculation of percentage leaking 
connectors for subsequent monitoring periods.
    (iii) If the number of nonrepairable connectors exceeds 3 percent 
of the total number of connectors in organic HAP service, the number of 
nonrepairable connectors exceeding 3 percent of the total number shall 
be included in the calculation of the percentage leaking connectors.
    (7) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (d) Subpart H program. The owner or operator shall implement a 
program to comply with the provisions in Sec. 63.174 of this part.
    (e) Delay of repair of connectors for which leaks have been 
detected is allowed if repair is not technically feasible by normal 
repair techniques without a process unit shutdown. Repair of this 
equipment shall occur by the end of the next process unit shutdown.
    (1) Delay of repair is allowed for equipment that is isolated from 
the process and that does not remain in organic HAP service.
    (2) Delay of repair for connectors is also allowed if:
    (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 accomplished, the purged material 
would be collected and destroyed or recovered in a control device.
    (f) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraphs (b)(3) and 
(b)(4), (c)(3) and (c)(4), or (d) of this section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), of this section; or
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (g) The owner or operator shall maintain records to document that 
the connector monitoring or inspections have been conducted as required 
and to document repair of leaking connectors as applicable.


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 (d), 
63.425(a) through (c), 63.425(e) through (h), 63.427(a) and (b), and 

[[Page 43273]]
63.428(b), (c), (g)(1), and (h)(1) through (h)(3).
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart R. The Sec. 63.641 definition of ``affected source'' applies 
under this section.
    (c) Gasoline loading racks regulated under this subpart are subject 
to the compliance dates specified in Sec. 63.640(h).


Sec. 63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (c) 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 of 40 CFR part 63, subpart 
Y.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart Y. The Sec. 63.641 definition of ``affected source'' applies 
under this section.
    (c) The Initial Notification Report under Sec. 63.567(b) is not 
required.


Sec. 63.652  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec. 63.642(g) by 
using emissions averaging according to Sec. 63.642(l) rather than 
following the provisions of Secs. 63.643 through 63.647, and 
Secs. 63.650 and 63.651. Existing marine tank vessel loading operations 
unable to comply with the standard by using emissions averaging are 
those marine tank vessels subject to 40 CFR 63.562(e) of this part and 
the Valdez Marine Terminal source.
    (b) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in 
Sec. 63.653(d) for all points to be included in an emissions average. 
The Implementation Plan shall identify all emission points to be 
included in the emissions average. This must include any Group 1 
emission points to which the reference control technology (defined in 
Sec. 63.641) is not applied and all other emission points being 
controlled as part of the average.
    (c) The following emission points can be used to generate emissions 
averaging credits if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point:
    (1) Group 2 emission points;
    (2) Group 1 storage vessels, Group 1 wastewater streams, Group 1 
gasoline loading racks, Group 1 marine tank vessels, and Group 1 
miscellaneous process vents that are controlled by a technology that 
the Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the 
nominal efficiencies for such technologies must be submitted and 
approved as provided in paragraph (i) of this section; and
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percentages of reduction for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more than the reference 
control technology, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than the 
reference control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990 unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990;
    (2) Group 1 emission points that are controlled by a reference 
control technology unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned according to the procedures in paragraph (i) of this 
section. For example, it is not allowable to claim that an internal 
floating roof meeting only the specifications stated in the reference 
control technology definition in Sec. 63.641 (i.e., that meets the 
specifications of Sec. 63.119(b) of subpart G but does not have 
controlled fittings per Sec. 63.119 (b)(5) and (b)(6) of subpart G) 
applied to a storage vessel is achieving greater than 95 percent 
control;
    (3) Emission points on shutdown process units. Process units that 
are shut down cannot be used to generate credits or debits;
    (4) Wastewater that is not process wastewater or wastewater streams 
treated in biological treatment units. These two types of wastewater 
cannot be used to generate credits or debits. Group 1 wastewater 
streams cannot be left undercontrolled or uncontrolled to generate 
debits. For the purposes of this section, the terms ``wastewater'' and 
``wastewater stream'' are used to mean process wastewater; and
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart, unless the level of control has been 
increased after November 15, 1990 above what is required by the other 
State or Federal rule. Only the control above what is required by the 
other State or Federal rule will be credited. However, if an emission 
point has been used to generate emissions averaging credit in an 
approved emissions average, and the point is subsequently made subject 
to a State or Federal rule other than this subpart, the point can 
continue to generate emissions averaging credit for the purpose of 
complying with the previously approved average.
    (e) For all points included in an emissions average, the owner or 
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology for those emission points. Equations in paragraph 
(g) of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit 
calculation, whereas those described in paragraph (d) of this section 
shall not be included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.
    (i) The initial demonstration in the Implementation Plan that 
credit-generating emission points will be capable of generating 
sufficient credits to offset the debits from the debit-generating 
emission points must be made under representative operating conditions.
    (ii) After the compliance date, actual operating data will be used 
for all debit and credit calculations. 

[[Page 43274]]

    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 
1.30 times the credits for the same period calculated according to 
paragraph (h) of this section. Compliance for the quarter shall be 
determined based on the ratio of credits and debits from that quarter, 
with 30 percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in 
the Periodic Reports as specified in Sec. 63.654(g)(8). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec. 63.654(g)(8)(iii).
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual emission points. Where pollution 
prevention measures (as specified in paragraph (j)(1) of this section) 
are used to control emission points to be included in an emissions 
average, no more than 25 emission points may be included in the 
average. For example, if two emission points to be included in an 
emissions average are controlled by pollution prevention measures, the 
average may include up to 22 emission points.
    (2) Periods of startup, shutdown, and malfunction as described in 
the source's startup, shutdown, and malfunction plan required by 
Sec. 63.6(e)(3) of subpart A of this part.
    (3) For emission points for which continuous monitors are used, 
periods of excess emissions as defined in Sec. 63.654(g)(6)(i). For 
these periods, the calculation of monthly credits and debits shall be 
adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of 
this section.
    (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may use the procedures in paragraph (l) 
of this section to demonstrate to the Administrator that full or 
partial credits or debits should be assigned.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the reference control 
technology, and the emissions allowed for Group 1 emission point. 
Debits shall be calculated as follows:
    (1) The overall equation for calculating sourcewide debits is:
    [GRAPHIC][TIFF OMITTED]TR18AU95.002
    
where:
Debits and all terms of the equation are in units of megagrams per 
month, and
EPViACTUAL=Emissions from each Group 1 miscellaneous process vent 
i that is uncontrolled or is controlled to a level less stringent than 
the reference control technology. This is calculated according to 
paragraph (g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 miscellaneous process 
vent i if the reference control technology had been applied to the 
uncontrolled emissions, calculated according to paragraph (g)(2) of 
this section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(3) of this section.
EGLRiACTUAL=Emissions from each Group 1 gasoline loading rack i 
that is uncontrolled or is controlled to a level less stringent than 
the reference control technology. This is calculated according to 
paragraph (g)(4) of this section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if the 
reference control technology had been applied to the uncontrolled 
emissions. This is calculated according to paragraph (g)(4) of this 
section.
EMVACTUAL=Emissions from each Group 1 marine tank vessel i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(5) of this section.
(0.03) EMViu=Emissions from each Group 1 marine tank vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions calculated according to paragraph (g)(5) of this section.
n=The number of Group 1 emission points being included in the emissions 
average. The value of n is not necessarily the same for each kind of 
emission point.

    (2) Emissions from miscellaneous process vents shall be calculated 
as follows:
    (i) For purposes of determining miscellaneous process vent stream 
flow rate, organic HAP concentrations, and temperature, the sampling 
site shall be after the final product recovery device, if any recovery 
devices are present; before any control device (for miscellaneous 
process vents, recovery devices shall not be considered control 
devices); and before discharge to the atmosphere. Method 1 or 1A of 
part 60, appendix A shall be used for selection of the sampling site.
    (ii) The following equation shall be used for each miscellaneous 
process vent i to calculate EPViu:
[GRAPHIC][TIFF OMITTED]TR18AU95.003

where:
EPViu=Uncontrolled process vent emission rate from miscellaneous 
process vent i, megagrams per month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured 
using Methods 2, 2A, 2C, or 2D of part 60 appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in 
the vent, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of 
organic HAP j as measured by Method 18 of part 60 appendix A. 

[[Page 43275]]

Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP's in the miscellaneous process vent stream.

    (A) The values of Q, Cj, and Mj shall be determined 
during a performance test conducted under representative operating 
conditions. The values of Q, Cj, and Mj shall be established 
in the Notification of Compliance Status report and must be updated as 
provided in paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a 
change in monthly operating hours, or if any other change is made to 
the process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q, Cj, and Mj. These new values 
shall be used to calculate debits and credits from the time of the 
change forward, and the new values shall be reported in the next 
Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where EPViu is 
calculated according to the procedures in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,
[GRAPHIC][TIFF OMITTED]TR18AU95.004

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of subpart G if a combustion control device 
is used. For a flare meeting the criteria in Sec. 63.116(a) of subpart 
G, or a boiler or process heater meeting the criteria in Sec. 63.645(d) 
of this subpart or Sec. 63.116(b) of subpart G, the percentage of 
reduction shall be 98 percent. If a noncombustion control device is 
used, percentage of reduction shall be demonstrated by a performance 
test at the inlet and outlet of the device, or, if testing is not 
feasible, by a control design evaluation and documented engineering 
calculations.
    (2) For determining debits from miscellaneous process vents, 
product recovery devices shall not be considered control devices and 
cannot be assigned a percentage of reduction in calculating 
EPViACTUAL. The sampling site for measurement of uncontrolled 
emissions is after the final product recovery device.
    (3) Procedures for calculating the percentage of reduction of 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (3) Emissions from storage vessels shall be calculated as specified 
in Sec. 63.150(g)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be calculated as 
follows:
    (i) The following equation shall be used for each gasoline loading 
rack i to calculate EGLRiu:
[GRAPHIC][TIFF OMITTED]TR18AU95.005

where:
EGLRiu=Uncontrolled transfer HAP emission rate from gasoline 
loading rack i, megagrams per month
S=Saturation factor, dimensionless (see table 33 of subpart G).
P=Weighted average rack partial pressure of organic HAP's transferred 
at the rack during the month, kilopascals.
M=Weighted average molecular weight of organic HAP's transferred at the 
gasoline loading rack during the month, gram per gram-mole.
G=Monthly volume of gasoline transferred from gasoline loading rack, 
liters per month.
T=Weighted rack bulk liquid loading temperature during the month, 
degrees kelvin (degrees Celsius  deg.C + 273).
    (ii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack partial pressure:
[GRAPHIC][TIFF OMITTED]TR18AU95.006

where:
Pj=Maximum true vapor pressure of individual organic HAP 
transferred at the rack, kilopascals.
G=Monthly volume of organic HAP transferred, liters per month, and
[GRAPHIC][TIFF OMITTED]TR18AU95.007

Gj=Monthly volume of individual organic HAP transferred at the 
gasoline loading rack, liters per month.
n=Number of organic HAP's transferred at the gasoline loading rack. 

[[Page 43276]]

    (iii) The following equation shall be used for each gasoline 
loading rack i to calculate the weighted average rack molecular weight:
[GRAPHIC][TIFF OMITTED]TR18AU95.008

where:
Mj=Molecular weight of individual organic HAP transferred at the 
rack, gram per gram-mole.
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

(iv) The following equation shall be used for each gasoline loading 
rack i to calculate the monthly weighted rack bulk liquid loading 
temperature:
[GRAPHIC][TIFF OMITTED]TR18AU95.009

Tj=Average annual bulk temperature of individual organic HAP 
loaded at the gasoline loading rack, kelvin (degrees Celsius 
deg.C+273).
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

    (v) The following equation shall be used to calculate EGLRic:
    [GRAPHIC][TIFF OMITTED]TR18AU95.010
    
    G is as defined in paragraph (g)(4)(ii) of this section.
    (vi) The following procedures and equations shall be used to 
calculate EGLRiACTUAL:
    (A) If the gasoline loading rack is not controlled, 
EGLRiACTUAL=EGLRiu, where EGLRiu is calculated using the 
equations specified in paragraphs (g)(4)(i) through (g)(4)(iv) of this 
section.
    (B) If the gasoline loading rack is controlled using a control 
device or a pollution prevention measure not achieving the requirement 
of less than 10 milligrams of TOC per liter of gasoline loaded,
[GRAPHIC][TIFF OMITTED]TR18AU95.012

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in 
Sec. 63.128(a) of subpart G. If testing is not feasible, the percentage 
of reduction shall be determined through a design evaluation according 
to the procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (5) Emissions from marine tank vessel loading shall be calculated 
as follows:
    (i) The following equation shall be used for each marine tank 
vessel i to calculate EMViu:
[GRAPHIC][TIFF OMITTED]TR18AU95.012

where:
EMViu=Uncontrolled marine tank vessel HAP emission rate from 
marine tank vessel i, megagrams per month.
Qi=Quantity of commodity loaded (per vessel type), liters.
Fi=Emission factor, megagrams per liter.
Pi=Percent HAP.
m=Number of combinations of commodities and vessel types loaded.

    Emission factors shall be based on test data or emission estimation 
procedures specified in Sec. 63.565(l) of subpart Y.
    (ii) The following procedures and equations shall be used to 
calculate EMViACTUAL:
    (A) If the marine tank vessel is not controlled, 
EMViACTUAL=EMViu, where EMViu is calculated using the 
equations specified in paragraph (g)(5)(i) of this section.
    (B) If the marine tank vessel is controlled using a control device 
or a pollution prevention measure achieving less than 97-percent 
reduction,
[GRAPHIC][TIFF OMITTED]TR18AU95.013

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in 
Sec. 63.565(c) of subpart Y. If testing is not feasible, the percentage 
of reduction shall be determined through a design evaluation according 
to the procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating sourcewide credits is:
    [GRAPHIC][TIFF OMITTED]TR18AU95.014
    

[[Page 43277]]

where:

    Credits and all terms of the equation are in units of megagrams per 
month, the baseline date is November 15, 1990, and

D=Discount factor=0.9 for all credit-generating emission points except 
those controlled by a pollution prevention measure, which will not be 
discounted.
EPV1iACTUAL=Emissions for each Group 1 miscellaneous process vent 
i that is controlled to a level more stringent than the reference 
control technology, calculated according to paragraph (h)(2) of this 
section.
(0.02) EPV1iu=Emissions from each Group 1 miscellaneous process 
vent i if the reference control technology had been applied to the 
uncontrolled emissions. EPV1iu is calculated according to 
paragraph (h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 miscellaneous process vent; 
at the baseline date, as calculated in paragraph (h)(2) of this 
section.
EPV2iACTUAL=Emissions from each Group 2 miscellaneous process vent 
that is controlled, calculated according to paragraph (h)(2) of this 
section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions. ES1iu is calculated according to paragraph (h)(3) of 
this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that is 
controlled, calculated according to paragraph (h)(3) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
baseline date, as calculated in paragraph (h)(3) of this section.
EGLR1iACTUAL=Emissions from each Group 1 gasoline loading rack i 
that is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if the 
reference control technology had been applied to the uncontrolled 
emissions. EGLRiu is calculated according to paragraph (h)(4) of 
this section.
EGRL2iACTUAL=Emissions from each Group 2 gasoline loading rack i 
that is controlled, calculated according to paragraph (h)(4) of this 
section.
EGLR2iBASE=Emissions from each Group 2 gasoline loading rack i at 
the baseline date, as calculated in paragraph (h)(4) of this section.
EMV1iACTUAL=Emissions from each Group 1 marine tank vessel i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
(0.03)EMV1iu=Emissions from each Group 1 marine tank vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions. EMV1iu is calculated according to paragraph (h)(5) of 
this section.
EMV2iACTUAL=Emissions from each Group 2 marine tank vessel i that 
is controlled, calculated according to paragraph (h)(5) of this 
section.
EMV2iBASE=Emissions from each Group 2 marine tank vessel i at the 
baseline date, as calculated in paragraph (h)(5) of this section.
EWW1iACTUAL=Emissions from each Group 1 wastewater stream i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(6) of this section.
EWW1ic=Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (h)(6) of this section.
EWW2iACTUAL=Emissions from each Group 2 wastewater stream i that 
is controlled, calculated according to paragraph (h)(6) of this 
section.
EWW2iBASE=Emissions from each Group 2 wastewater stream i at the 
baseline date, calculated according to paragraph (h)(6) of this 
section.
n=Number of Group 1 emission points included in the emissions average. 
The value of n is not necessarily the same for each kind of emission 
point.
m=Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for each kind of emission 
point.

    (i) For an emission point controlled using a reference control 
technology, the percentage of reduction for calculating credits shall 
be no greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent 
than the reference control technology, the nominal efficiency for 
calculating credits shall be assigned as described in paragraph (i) of 
this section. A reference control technology may be approved for use in 
a different manner and assigned a higher nominal efficiency according 
to the procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from miscellaneous process vents, 
EPV1iu, shall be calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this 
section.
    (ii) Actual emissions from miscellaneous process vents controlled 
using a technology with an approved nominal efficiency greater than 98 
percent or a pollution prevention measure achieving greater than 98 
percent emission reduction, EPV1iACTUAL, shall be calculated 
according to the following equation:
[GRAPHIC][TIFF OMITTED]TR18AU95.015

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a 
recovery device applied as a pollution prevention project, or a 
pollution prevention measure, if the control achieves a percentage of 
reduction less than or equal to a 98 percent reduction,

[[Page 43278]]
[GRAPHIC][TIFF OMITTED]TR18AU95.016


    (1) EPV2iu shall be calculated according to the equations and 
procedures for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section except as provided in paragraph (h)(2)(iii)(A)(3) of this 
section.
    (2) The percentage of reduction shall be calculated according to 
the procedures in paragraphs (g)(2)(iii)(B)(1) through 
(g)(2)(iii)(B)(3) of this section except as provided in paragraph 
(h)(2)(iii)(A)(4) of this section.
    (3) If a recovery device was added as part of a pollution 
prevention project, EPV2iu shall be calculated prior to that 
recovery device. The equation for EPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate EPV2iu; however, the 
sampling site for measurement of vent stream flow rate and organic HAP 
concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution 
prevention project, the percentage of reduction shall be demonstrated 
by conducting a performance test at the inlet and outlet of that 
recovery device.
    (B) For a Group 2 process vent controlled using a technology with 
an approved nominal efficiency greater than a 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC][TIFF OMITTED]TR18AU95.017

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu, and shall be calculated according to the 
procedures and equation for EPViu in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,
    [GRAPHIC][TIFF OMITTED]TR18AU95.018
    
where EPV2iu is calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this 
section. The percentage of reduction shall be calculated according to 
the procedures specified in paragraphs (g)(2)(iii)(B)(1) through 
(g)(2)(iii)(B)(3) of this section.
    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE=EPV2iu, where EPV2iu is calculated according 
to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as specified 
in Sec. 63.150(h)(3) of subpart G, except as follows:
    (i) All references to Sec. 63.119(b) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119 (b) or Sec. 63.119(b) 
except for Sec. 63.119(b)(5) and (b)(6).
    (ii) All references to Sec. 63.119(c) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119(c) or Sec. 63.119(c) 
except for Sec. 63.119(c)(2).
    (iii) All references to Sec. 63.119(d) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119(d) or Sec. 63.119(d) 
except for Sec. 63.119(d)(2).
    (4) Emissions from gasoline loading racks shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 gasoline loading racks, 
EGLR1iu, shall be calculated according to the procedures and 
equations for EGLRiu as described in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.
    (ii) Emissions from Group 1 gasoline loading racks if the reference 
control technology had been applied, EGLRic, shall be calculated 
according to the procedures and equations in paragraph (g)(4)(v) of 
this section.
    (iii) Actual emissions from Group 1 gasoline loading racks 
controlled to less than 10 milligrams of TOC per liter of gasoline 
loaded; EGLRiACTUAL, shall be calculated according to the 
following equation:
[GRAPHIC][TIFF OMITTED]TR18AU95.019

    (iv) The following procedures shall be used to calculate actual 
emissions from Group 2 gasoline loading racks, EGLR2iACTUAL:
    (A) For a Group 2 gasoline loading rack controlled by a control 
device or a pollution prevention measure achieving emissions reduction 
but where emissions are greater than the 10 milligrams of TOC per liter 
of gasoline loaded requirement,
[GRAPHIC][TIFF OMITTED]TR18AU95.020


[[Page 43279]]

    (1) EGLR2iu shall be calculated according to the equations and 
procedures for EGLRiu in paragraphs (g)(4)(i) through (g)(4)(iv) 
of this section.
    (2) The percentage of reduction shall be calculated according to 
the procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of 
this section.
    (B) For a Group 2 gasoline loading rack controlled by using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than a 98-percent 
reduction,
[GRAPHIC][TIFF OMITTED]TR18AU95.021

    (v) Emissions from Group 2 gasoline loading racks at baseline, 
EGLR2iBASE, shall be calculated as follows:
    (A) If the gasoline loading rack was uncontrolled on November 15, 
1990, EGLR2iBASE=EGLR2iu, and shall be calculated according 
to the procedures and equations for EGLRiu in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (B) If the gasoline loading rack was controlled on November 15, 
1990,
[GRAPHIC][TIFF OMITTED]TR18AU95.022

where EGLR2iu is calculated according to the procedures and 
equations for EGLRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section. Percentage of reduction shall be calculated according to 
the procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of 
this section.
    (5) Emissions from marine tank vessels shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 marine tank vessels, 
EMV1iu, shall be calculated according to the procedures and 
equations for EMViu as described in paragraph (g)(5)(i) of this 
section.
    (ii) Actual emissions from Group 1 marine tank vessels controlled 
using a technology or pollution prevention measure with an approved 
nominal efficiency greater than 97 percent, EMViACTUAL, shall be 
calculated according to the following equation:
[GRAPHIC][TIFF OMITTED]TR18AU95.023

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 marine tank vessels, EMV2iACTUAL:
    (A) For a Group 2 marine tank vessel controlled by a control device 
or a pollution prevention measure achieving a percentage of reduction 
less than or equal to 97 percent reduction,
[GRAPHIC][TIFF OMITTED]TR18AU95.024

    (1) EMV2iu shall be calculated according to the equations and 
procedures for EMViu in paragraph (g)(5)(i) of this section.
    (2) The percentage of reduction shall be calculated according to 
the procedures in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of 
this section.
    (B) For a Group 2 marine tank vessel controlled using a technology 
or a pollution prevention measure with an approved nominal efficiency 
greater than 97 percent,
[GRAPHIC][TIFF OMITTED]TR18AU95.025

    (iv) Emissions from Group 2 marine tank vessels at baseline, 
EMV2iBASE, shall be calculated as follows:
    (A) If the marine terminal was uncontrolled on November 15, 1990, 
EMV2iBASE equals EMV2iu, and shall be calculated according to 
the procedures and equations for EMViu in paragraph (g)(5)(i) of 
this section.
    (B) If the marine tank vessel was controlled on November 15, 1990,

[[Page 43280]]
    [GRAPHIC][TIFF OMITTED]TR18AU95.026
    

where EMV2iu is calculated according to the procedures and 
equations for EMViu in paragraph (g)(5)(i) of this section. 
Percentage of reduction shall be calculated according to the procedures 
in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this section.
    (6) Emissions from wastewater shall be determined as follows:
    (i) For purposes of paragraphs (h)(4)(ii) through (h)(4)(vi) of 
this section, the following terms will have the meaning given them in 
paragraphs (h)(6)(i)(A) through (h)(6)(i)(C) of this section.
    (A) Correctly suppressed means that a wastewater stream is being 
managed according to the requirements of Secs. 61.343 through 61.347 or 
Sec. 61.342(c)(l)(iii) of 40 CFR part 61, subpart FF, as applicable, 
and the emissions from the waste management units subject to those 
requirements are routed to a control device that reduces HAP emissions 
by 95 percent or greater.
    (B) Treatment process has the meaning given in Sec. 61.341 of 40 
CFR part 61, subpart FF except that it does not include biological 
treatment units.
    (C) Vapor control device means the control device that receives 
emissions vented from a treatment process or treatment processes.
    (ii) The following equation shall be used for each wastewater 
stream i to calculate EWWic:
[GRAPHIC][TIFF OMITTED]TR18AU95.027

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
stream i were controlled by the reference control technology, megagrams 
per month.
Qi = Average flow rate for wastewater stream i, liters per minute.
Hi = Number of hours during the month that wastewater stream i was 
generated, hours per month.
Frm=Fraction removed of organic HAP m in wastewater, from table 7 
of this subpart, dimensionless.
Fem=Fraction emitted of organic HAP m in wastewater from table 7 
of this subpart, dimensionless.
s=Total number of organic HAP's in wastewater stream i.
HAPim=Average concentration of organic HAP m in wastewater stream 
i, parts per million by weight.

    (A) HAPim shall be determined for the point of generation or 
at a location downstream of the point of generation. Wastewater samples 
shall be collected using the sampling procedures specified in Method 
25D of 40 CFR part 60, appendix A. Where feasible, samples shall be 
taken from an enclosed pipe prior to the wastewater being exposed to 
the atmosphere. When sampling from an enclosed pipe is not feasible, a 
minimum of three representative samples shall be collected in a manner 
to minimize exposure of the sample to the atmosphere and loss of 
organic HAP's prior to sampling. The samples collected may be analyzed 
by either of the following procedures:
    (1) A test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated pursuant to section 5.1 or 5.3 of Method 301 of appendix A of 
this part may be used; or
    (2) Method 305 of appendix A of this part may be used to determine 
Cim, the average volatile organic HAP concentration of organic HAP 
m in wastewater stream i, and then HAPim may be calculated using 
the following equation: HAPim=Cim/Fmm, where Fmm 
for organic HAP m is obtained from table 7 of this subpart.
    (B) Values for Qi, HAPim, and Cim shall be 
determined during a performance test conducted under representative 
conditions. The average value obtained from three test runs shall be 
used. The values of Qi, HAPim, and Cim shall be 
established in the Notification of Compliance Status report and must be 
updated as provided in paragraph (h)(6)(i)(C) of this section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and Cim are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Qi, HAPim, and 
Cim. These new values shall be used to calculate debits and 
credits from the time of the change forward, and the new values shall 
be reported in the next Periodic Report.
    (iii) The following equations shall be used to calculate 
EWW1iACTUAL for each Group 1 wastewater stream i that is correctly 
suppressed and is treated to a level more stringent than the reference 
control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, and the vapor 
control device achieves a percentage of reduction equal to 95 percent, 
the following equation shall be used:
[GRAPHIC][TIFF OMITTED]TR18AU95.028

Where:

EWWiACTUAL=Monthly wastewater stream emission rate if wastewater 
stream i is treated to a level more stringent than the reference 
control technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of 
treatment processes, that treat wastewater stream i in reducing the 
emission potential of organic HAP m in wastewater, dimensionless, as 
calculated by:

[[Page 43281]]
[GRAPHIC][TIFF OMITTED]TR18AU95.029


Where:

HAPim-in=Average concentration of organic HAP m, parts per million 
by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater entering the first 
treatment process in the series.
HAPim-out=Average concentration of organic HAP m, parts per 
million by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater exiting the last 
treatment process in the series.

All other terms are as defined and determined in paragraph (h)(6)(ii) 
of this section.
    (B) If the Group 1 wastewater stream i is not controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, but the vapor 
control device has an approved nominal efficiency greater than 95 
percent, the following equation shall be used:
[GRAPHIC][TIFF OMITTED]TR18AU95.030

Where:

Nominal efficiency=Approved reduction efficiency of the vapor control 
device, dimensionless, as determined according to the procedures in 
Sec. 63.652(i).
Am=The efficiency of the treatment process, or series of treatment 
processes, that treat wastewater stream i in reducing the emission 
potential of organic HAP m in wastewater, dimensionless.

All other terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.
    (1) If a steam stripper meeting the specifications in the 
definition of reference control technology for wastewater is used, 
Am shall be equal to the value of Frm given in table 7 of 
this subpart.
    (2) If an alternative control device is used, the percentage of 
reduction must be determined using the equation and methods specified 
in paragraph (h)(6)(iii)(A) of this section for determining PRim. 
If the value of PRim is greater than or equal to the value of 
Frm given in table 7 of this subpart, then Am equals Frm 
unless a higher nominal efficiency has been approved. If a higher 
nominal efficiency has been approved for the treatment process, the 
owner or operator shall determine EWW1iACTUAL according to 
paragraph (h)(6)(iii)(B) of this section rather than paragraph 
(h)(6)(iii)(A) of this section. If PRim is less than the value of 
FRm given in table 7 of this subpart, emissions averaging shall 
not be used for this emission point.
    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated hazardous 
air pollutant that is greater than that specified in table 7 of this 
subpart, and the vapor control device has an approved nominal 
efficiency greater than 95 percent, the following equation shall be 
used:
[GRAPHIC][TIFF OMITTED]TR18AU95.031

where all terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.
    (iv) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i that on November 
15, 1990 was not correctly suppressed or was correctly suppressed but 
not treated:
[GRAPHIC][TIFF OMITTED]TR18AU95.032

Where:

EWW2iBASE=Monthly wastewater stream emission rate if wastewater 
stream i is not correctly suppressed, megagrams per month.

Qi, Hi, s, Fem, and HAPim are as defined and 
determined according to paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of 
this section.
    (v) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i on November 15, 
1990 was correctly suppressed. EWW2iBASE shall be calculated as if 
the control methods being used on November 15, 1990 are in place and 
any control methods applied after November 15, 1990 are ignored. 
However, values for the parameters in the equation shall be 
representative of present production levels and stream properties.

[[Page 43282]]
[GRAPHIC][TIFF OMITTED]TR18AU95.033


where Ri is calculated according to paragraph (h)(6)(vii) of this 
section and all other terms are as defined and determined according to 
paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this section.
    (vi) For Group 2 wastewater streams that are correctly suppressed, 
EWW2iACTUAL shall be calculated according to the equation for 
EWW2iBASE in paragraph (h)(6)(v) of this section. EWW2iACTUAL 
shall be calculated with all control methods in place accounted for.
    (vii) The reduction efficiency, Ri, of the vapor control 
device shall be demonstrated according to the following procedures:
    (A) Sampling sites shall be selected using Method 1 or 1A of 40 CFR 
part 60, appendix A, as appropriate.
    (B) The mass flow rate of organic compounds entering and exiting 
the control device shall be determined as follows:
    (1) The time period for the test shall not be less than 3 hours 
during which at least three runs are conducted.
    (2) A run shall consist of a 1-hour period during the test. For 
each run:
    (i) The volume exhausted shall be determined using Methods 2, 2A, 
2C, or 2D of 40 CFR part 60 appendix A, as appropriate;
    (ii) The organic concentration in the vent stream entering and 
exiting the control device shall be determined using Method 18 of 40 
CFR part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part 
may be used.
    (3) The mass flow rate of organic compounds entering and exiting 
the control device during each run shall be calculated as follows:
[GRAPHIC][TIFF OMITTED]TR18AU95.034

Where:

Ea=Mass flow rate of organic compounds exiting the control device, 
kilograms per hour.
Eb=Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Vap=Average volumetric flow rate of vent stream exiting the 
control device during run p at standards conditions, cubic meters per 
hour.
Vbp = Average volumetric flow rate of vent stream entering the 
control device during run p at standards conditions, cubic meters per 
hour.
p = Run.
m = Number of runs.
Caip = Concentration of organic compound i measured in the vent 
stream exiting the control device during run p as determined by Method 
18 of 40 CFR part 60 appendix A, parts per million by volume on a dry 
basis.
Cbip = Concentration of organic compound i measured in the vent 
stream entering the control device during run p as determined by Method 
18 of 40 CFR part 60, appendix A, parts per million by volume on a dry 
basis.
MWi = Molecular weight of organic compound i in the vent stream, 
kilograms per kilogram-mole.
n = Number of organic compounds in the vent stream.
0.0416 = Conversion factor for molar volume, kilograms-mole per cubic 
meter at 293 kelvin and 760 millimeters mercury absolute.

    (C) The organic reduction efficiency for the control device shall 
be calculated as follows:
[GRAPHIC][TIFF OMITTED]TR18AU95.035

Where:

R = Total organic reduction efficiency for the control device, 
percentage.
Eb = Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Ea = Mass flow rate of organic compounds exiting the control 
device, kilograms per hour.

    (i) The following procedures shall be followed to establish nominal 
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of 
this section shall be followed for control technologies that are 
different in use or design from the reference control technologies and 
achieve greater percentages of reduction than the percentages of 
efficiency assigned to the reference control technologies in 
Sec. 63.641.
    (1) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology, and 
the different control technology will be used in more than three 
applications at a single plant site, the owner or operator shall submit 
the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of 
this section to the Administrator in writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance;
    (ii) Description of the control technology including design 
specifications;
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and 

[[Page 43283]]
assumptions made in the calculations shall be documented; and
    (iv) A description of the parameter or parameters to be monitored 
to ensure that the control technology will be operated in conformance 
with its design and an explanation of the criteria used for selection 
of that parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall 
have a nominal efficiency and the level of that nominal efficiency. If, 
in the Administrator's judgment, the control technology achieves a 
level of emission reduction greater than the reference control 
technology for a particular kind of emission point, the Administrator 
will publish a Federal Register notice establishing a nominal 
efficiency for the control technology.
    (4) The Administrator may grant conditional permission to take 
emission credits for use of the control technology on requirements that 
may be necessary to ensure operation and maintenance to achieve the 
specified nominal efficiency.
    (5) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology and 
the different control technology will be used in no more than three 
applications at a single plant site, the information listed in 
paragraphs (i)(1)(i) through (i)(1)(iv) of this section can be 
submitted to the permitting authority for the source for approval 
instead of the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology can be approved by the permitting authority. The permitting 
authority shall follow the procedures specified in paragraphs (i)(2) 
through (i)(4) of this section except that, in these instances, a 
Federal Register notice is not required to establish the nominal 
efficiency for the different technology.
    (ii) If, in reviewing the submittal, the permitting authority 
believes the control technology has broad applicability for use by 
other sources, the permitting authority shall submit the information 
provided in the application to the Director of the EPA Office of Air 
Quality Planning and Standards. The Administrator shall review the 
technology for broad applicability and may publish a Federal Register 
notice; however, this review shall not affect the permitting 
authority's approval of the nominal efficiency of the control 
technology for the specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines 
the control technology is not different in use or design from the 
reference control technology, the Administrator or permitting authority 
shall deny the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percentage of reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice that meets the 
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in 
a lesser quantity of organic HAP emissions per unit of product released 
to the atmosphere prior to out-of-process recycling, treatment, or 
control of emissions while the same product is produced.
    (ii) Pollution prevention measures may include: Substitution of 
feedstocks that reduce HAP emissions, alterations to the production 
process to reduce the volume of materials released to the environment, 
equipment modifications; housekeeping measures, and in-process 
recycling that returns waste materials directly to production as raw 
materials. Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990 can be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percentage of reduction 
used in the equations in paragraphs (g)(2) and (g)(3) of this section 
and paragraphs (h)(2) through (h)(4) of this section is the difference 
in percentage between the monthly organic HAP emissions for each 
emission point after the pollution prevention measure for the most 
recent month versus monthly emissions from the same emission point 
before the pollution prevention measure, adjusted by the volume of 
product produced during the two monthly periods.
    (ii) The following equation shall be used to calculate the 
percentage of reduction of a pollution prevention measure for each 
emission point.
[GRAPHIC][TIFF OMITTED]TR18AU95.036

Where:

Percent reduction=Efficiency of pollution prevention measure 
(percentage of organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure, 
megagrams per month, determined as specified in paragraphs 
(j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
Epp=Monthly emissions after the pollution prevention measure, 
megagrams per month, as determined for the most recent month, 
determined as specified in paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of 
this section.
PB=Monthly production before the pollution prevention measure, 
megagrams per month, during the same period over which EB is 
calculated.
Ppp=Monthly production after the pollution prevention measure, 
megagrams per month, as determined for the most recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the equations 
and procedures in paragraphs (g)(2), (g)(3), (g)(4), and (g)(5) of this 
section for miscellaneous process vents, storage vessels, gasoline 
loading racks, and marine tank vessels.
    (B) For wastewater, EB shall be calculated as follows:

[[Page 43284]]
    [GRAPHIC][TIFF OMITTED]TR18AU95.037
    

where:

n=Number of wastewater streams.
QBi=Average flow rate for wastewater stream i before the pollution 
prevention measure, liters per minute.
HBi=Number of hours per month that wastewater stream i was 
discharged before the pollution prevention measure, hours per month.
s=Total number of organic HAP's in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from table 7 
of this subpart, dimensionless.
HAPBim=Average concentration of organic HAP m in wastewater stream 
i, defined and determined according to paragraph (h)(6)(ii)(A)(2) of 
this section, before the pollution prevention measure, parts per 
million by weight, as measured before the implementation of the 
pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
July 14, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a design 
evaluation and documented engineering calculations. Once an emissions-
to-production ratio has been established, the ratio can be used to 
estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the 
following equation:
[GRAPHIC][TIFF OMITTED]TR18AU95.038

where n, Q, H, s, Fem, and HAP are defined and determined as 
described in paragraph (j)(2)(ii)(B) of this section except that 
Qppi, Hppi, and HAPppim shall be determined after the 
pollution prevention measure has been implemented.
    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percentage of reduction 
achieved by a pollution prevention measure for each emission point 
shall be fully documented.
    (iv) The same pollution prevention measure may reduce emissions 
from multiple emission points. In such cases, the percentage of 
reduction in emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(6) of this section used to calculate credits for emission points 
controlled more stringently than the reference control technology, the 
nominal efficiency of a pollution prevention measure is equivalent to 
the percentage of reduction of the pollution prevention measure. When a 
pollution prevention measure is used, the owner or operator of a source 
is not required to apply to the Administrator for a nominal efficiency 
and is not subject to paragraph (i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the emission points proposed to be included in the average will not 
result in greater hazard or, at the option of the State or local 
permitting authority, greater risk to human health or the environment 
than if the emission points were controlled according to the provisions 
in Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the State or local permitting authority.
    (i) The State or local permitting authority may require owners and 
operators to use specific methodologies and procedures for making a 
hazard or risk determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
may be made according to any guidance that the EPA makes available for 
use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their Implementation Plan.
    (3) An emissions averaging plan that does not demonstrate an 
equivalent or lower hazard or risk to the satisfaction of the State or 
local permitting authority shall not be approved. The State or local 
permitting authority may require such adjustments to the emissions 
averaging plan as are necessary in order to ensure that the average 
will not result in greater hazard or risk to human health or the 
environment than would result if the emission points were controlled 
according to Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk 
assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the State or local permitting 
authority for such demonstrations.
    (l) For periods of excess emissions, an owner or operator may 
request that the provisions of paragraphs (l)(1) through (l)(4) of this 
section be followed instead of the procedures in paragraphs (f)(3)(i) 
and (f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of excess 
emissions in the Periodic Reports as required in Sec. 63.654(g)(6).
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to 
establish that the control device for the emission point was operating 
in such a fashion to warrant assigning full or partial credits and 
debits. This demonstration shall be made to the Administrator's 
satisfaction, and the Administrator may establish procedures for 
demonstrating compliance that are acceptable.
    (3) The owner or operator shall provide documentation of the period 
of excess emissions and the other type of monitoring data or 
engineering calculations to be used to demonstrate that the control 
device for the emission point was operating in such a fashion to 
warrant assigning full or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided. 

[[Page 43285]]



Sec. 63.653  Monitoring, recordkeeping, and implementation plan for 
emission averaging.

    (a) For each emission point included in an emissions average, the 
owner or operator shall perform testing, monitoring, recordkeeping, and 
reporting equivalent to that required for Group 1 emission points 
complying with Secs. 63.643 through 63.647, and Secs. 63.650 and 
63.651. The specific requirements for miscellaneous process vents, 
storage vessels, wastewater, gasoline loading racks, and marine tank 
vessels are identified in paragraphs (a)(1) through (a)(7) of this 
section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each miscellaneous process 
vent equipped with a flare, incinerator, boiler, or process heater:
    (i) Conduct initial performance tests to determine the percentage 
of reduction as specified in Sec. 63.645 of this subpart and 
Sec. 63.116 of subpart G; and
    (ii) Monitor the operating parameters specified in Sec. 63.644, as 
appropriate for the specific control device.
    (2) The source shall implement the following procedures for each 
miscellaneous process vent, equipped with a carbon adsorber, absorber, 
or condenser but not equipped with a control device:
    (i) Determine the flow rate and organic HAP concentration using the 
methods specified in Sec. 63.115 (a)(1) and (a)(2), Sec. 63.115 (b)(1) 
and (b)(2), and Sec. 63.115(c)(3) of subpart G; and
    (ii) Monitor the operating parameters specified in Sec. 63.114 of 
subpart G, as appropriate for the specific recovery device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external 
roof, or a closed vent system with a control device, as appropriate to 
the control technique:
    (i) Perform the monitoring or inspection procedures in Sec. 63.646 
of this subpart and Sec. 63.120 of subpart G; and
    (ii) For closed vent systems with control devices, conduct an 
initial design evaluation as specified in Sec. 63.646 of this subpart 
and Sec. 63.120(d) of subpart G.
    (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.
    (5) For each marine tank vessel that is controlled, perform the 
compliance, monitoring, and performance testing, procedures specified 
in Secs. 63.563, 63.564, and 63.565 of subpart Y of this part.
    (6) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec. 61.355 of subpart FF of part 60;
    (ii) Conduct inspections and monitoring as specified in 
Secs. 61.343 through 61.349 and Sec. 61.354 of 40 CFR part 61, subpart 
FF.
    (7) If an emission point in an emissions average is controlled 
using a pollution prevention measure or a device or technique for which 
no monitoring parameters or inspection procedures are specified in 
Secs. 63.643 through 63.647 and Secs. 63.650 and 63.651, the owner or 
operator shall establish a site-specific monitoring parameter and shall 
submit the information specified in Sec. 63.654(h)(4) in the 
Implementation Plan.
    (b) Records of all information required to calculate emission 
debits and credits and records required by Sec. 63.654 shall be 
retained for 5 years.
    (c) Notifications of Compliance Status report, Periodic Reports, 
and other reports shall be submitted as required by Sec. 63.654.
    (d) Each owner or operator of an existing source who elects to 
comply with Sec. 63.654 (g) and (h) by using emissions averaging for 
any emission points shall submit an Implementation Plan.
    (1) The Implementation Plan shall be submitted no later than 18 
months prior to the compliance date in Sec. 63.640(h). This information 
may be submitted in an operating permit application, in an amendment to 
an operating permit application, in a separate submittal, or in any 
combination of the three. If an owner or operator submits the 
information specified in paragraph (d)(2) of this section at different 
times, and/or in different submittals, later submittals may refer to 
earlier submittals instead of duplicating the previously submitted 
information.
    (2) The Implementation Plan shall include the information specified 
in paragraphs (d)(2)(i) through (d)(2)(ix) of this section for all 
points included in the average.
    (i) The identification of all emission points in the planned 
emissions average and notation of whether each emission point is a 
Group 1 or Group 2 emission point as defined in Sec. 63.641.
    (ii) The projected annual emission debits and credits for each 
emission point and the sum for the emission points involved in the 
average calculated according to Sec. 63.652. The annual projected 
credits must be greater than the projected debits, as required under 
Sec. 63.652(e)(3).
    (iii) The specific control technology or pollution prevention 
measure that will be used for each emission point included in the 
average and date of application or expected date of application.
    (iv) The specific identification of each emission point affected by 
a pollution prevention measure. To be considered a pollution prevention 
measure, the criteria in Sec. 63.652(j)(1) must be met. If the same 
pollution prevention measure reduces or eliminates emissions from 
multiple emission points in the average, the owner or operator must 
identify each of these emission points.
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in paragraphs (a), 
(b), and (c) of this section that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (vi) Documentation of the information listed in paragraphs 
(d)(2)(vi)(A) through (d)(2)(vi)(D) of this section for each emission 
point included in the average.
    (A) The values of the parameters used to determine whether each 
emission point in the emissions average is Group 1 or Group 2.
    (B) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.652 (g) and (h). 
These parameter values or, as appropriate, limited ranges for the 
parameter values, shall be specified in the source's Implementation 
Plan as enforceable operating conditions. Changes to these parameters 
must be reported in the next Periodic Report.
    (C) The estimated percentage of reduction if a control technology 
achieving a lower percentage of reduction than the efficiency of the 
reference control technology, as defined in Sec. 63.641, is or will be 
applied to the emission point.
    (D) The anticipated nominal efficiency if a control technology 
achieving a greater percentage emission reduction than the efficiency 
of the reference control technology is or will be applied to the 
emission point. The procedures in Sec. 63.652(i) shall be followed to 
apply for a nominal efficiency.
    (vii) The information specified in Sec. 63.654(h)(4) for:
    (A) Each miscellaneous process vent controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in 

[[Page 43286]]
paragraphs (a)(1) or (a)(2) of this section; and
    (B) Each storage vessel controlled by a pollution prevention 
measure or a control technique other than an internal or external 
floating roof or a closed vent system with a control device.
    (viii) Documentation of the information listed in paragraphs 
(d)(2)(viii)(A) through (d)(2)(viii)(G) of this section for each 
process wastewater stream included in the average.
    (A) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream.
    (B) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec. 63.652(h)(6).
    (C) The estimated percentage of reduction if the wastewater stream 
is or will be controlled using a treatment process or series of 
treatment processes that achieves an emission reduction less than or 
equal to the emission reduction specified in table 7 of this subpart.
    (D) The estimated percentage of reduction if a control technology 
achieving less than or equal to 95 percent emission reduction is or 
will be applied to the vapor stream(s) vented and collected from the 
treatment processes.
    (E) The estimated percentage of reduction if a pollution prevention 
measure is or will be applied.
    (F) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under Sec. 63.652(i). A nominal 
efficiency shall be applied for if:
    (1) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction specified in table 7 of this subpart; or
    (2) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (G) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP's from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.647, the information specified in 
Sec. 63.654(h)(4) shall be included in the Implementation Plan.
    (ix) Documentation required in Sec. 63.652(k) demonstrating the 
hazard or risk equivalency of the proposed emissions average.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted presents sufficient 
information. The Administrator shall either approve the Implementation 
Plan, request changes, or request that the owner or operator submit 
additional information. Once the Administrator receives sufficient 
information, the Administrator shall approve, disapprove, or request 
changes to the plan within 120 calendar days.


Sec. 63.654  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the wastewater provisions in 
Sec. 63.647 shall comply with the recordkeeping and reporting 
provisions in Secs. 61.356 and 61.357 of 40 CFR part 61 subpart FF. 
There are no additional reporting and recordkeeping requirements for 
wastewater under this subpart unless a wastewater stream is included in 
an emissions average. Recordkeeping and reporting for emissions 
averages are specified in Sec. 63.653 and in paragraphs (f)(5) and 
(g)(8) of this section.
    (b) Each owner or operator subject to the gasoline loading rack 
provisions in Sec. 63.650 shall comply with the recordkeeping and 
reporting provisions in Sec. 63.428 (b) and (c), (g)(1), and (h)(1) 
through (h)(3) of subpart R of this part. These requirements are 
summarized in table 4 of this subpart. There are no additional 
reporting and recordkeeping requirements for gasoline loading racks 
under this subpart unless a loading rack is included in an emissions 
average. Recordkeeping and reporting for emissions averages are 
specified in Sec. 63.653 and in paragraphs (f)(5) and (g)(8) of this 
section.
    (c) Each owner or operator subject to the marine tank vessel 
loading operation standards in Sec. 63.651 shall comply with the 
recordkeeping and reporting provisions in Secs. 63.566 and 63.567(a) 
and Sec. 63.567 (c) through (i) of subpart Y of this part. These 
requirements are summarized in table 5 of this subpart. There are no 
additional reporting and recordkeeping requirements for marine tank 
vessel loading operations under this subpart unless marine tank vessel 
loading operations are included in an emissions average. Recordkeeping 
and reporting for emissions averages are specified in Sec. 63.653 and 
in paragraphs (f)(5) and (g)(8) of this section.
    (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)(3) of this section.
    (1) Sections 60.486 and 60.487 of subpart VV of part 60, or 
Secs. 63.181 and 63.182 of subpart H of this part except for 
Sec. 63.182, paragraphs (b), (c)(2), and (c)(4).
    (2) The Notification of Compliance Status report required by 
Sec. 63.182(c) of subpart H and the initial semiannual report required 
by Sec. 60.487(b) of 40 CFR part 60, subpart VV shall be submitted 
within 150 days of the compliance date specified in Sec. 63.640(h); the 
requirements of subpart H of this part are summarized in table 3 of 
this subpart.
    (3) An owner or operator who determines that a compressor qualifies 
for the hydrogen service exemption in Sec. 63.646 shall also keep a 
record of the demonstration required by Sec. 63.646.
    (e) Each owner or operator of a source subject to this subpart 
shall submit the reports listed in paragraphs (e)(1) through (e)(3) of 
this section except as provided in paragraph (h)(5) of this section, 
and shall keep records as described in paragraph (i) of this section.
    (1) A Notification of Compliance Status report as described in 
paragraph (f) of this section;
    (2) Periodic Reports as described in paragraph (g) of this section; 
and
    (3) Other reports as described in paragraph (h) of this section.
    (f) Each owner or operator of a source subject to this subpart 
shall submit a Notification of Compliance Status report within 150 days 
after the compliance dates specified in Sec. 63.640(h). This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
or in any combination of the three. If the required information has 
been submitted before the date 150 days after the compliance date 
specified in Sec. 63.640(h), a separate Notification of Compliance 
Status report is not required within 150 days after the compliance 
dates specified in Sec. 63.640(h). If an owner or operator submits the 
information specified in paragraphs (f)(1) through (f)(5) of this 
section at different times, and/or in different submittals, later 
submittals may refer to earlier submittals instead of duplicating and 
resubmitting the previously submitted information.
    (1) The Notification of Compliance Status report shall include the 
information specified in paragraphs (f)(1)(i) through (f)(1)(v) of this 
section.
    (i) For storage vessels, this report shall include the information 
specified in paragraphs (f)(1)(i)(A) through (f)(1)(i)(D) of this 
section.
    (A) Identification of each storage vessel subject to this subpart, 
whether the vessel is Group 1 or Group 2, and the method of compliance 
for each Group 1 storage vessel that is not included in an emissions 
average (i.e., 

[[Page 43287]]
internal floating roof, external floating roof, or closed-vent system 
and control device).
    (B) If a closed vent system and a control device other than a flare 
is used to comply with Sec. 63.646 the owner or operator shall submit:
    (1) 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; and either
    (2) The design evaluation documentation specified in 
Sec. 63.120(d)(1)(i) of subpart G, if the owner or operator elects to 
prepare a design evaluation; or
    (3) If the owner or operator elects to submit the results of a 
performance test, identification of the storage vessel and control 
device for which the performance test will be submitted, and 
identification of the emission point(s) that share the control device 
with the storage vessel and for which the performance test will be 
conducted.
    (C) If a closed vent system and control device other than a flare 
is used, the owner or operator shall submit:
    (1) The operating range for each monitoring parameter. The 
specified operating range shall represent the conditions for which the 
control device is being properly operated and maintained.
    (2) If a performance test is conducted instead of a design 
evaluation, results of the performance test demonstrating that the 
control device achieves greater than or equal to the required control 
efficiency. A performance test conducted prior to the compliance date 
of this subpart can be used to comply with this requirement, provided 
that the test was conducted using EPA methods and that the test 
conditions are representative of current operating practices.
    (D) If a closed vent system and a flare is used, the owner or 
operator shall submit:
    (1) Flare design (e.g., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.120(e) of subpart G of 
this part; and
    (3) All periods during the compliance determination when the pilot 
flame is absent.
    (ii) For miscellaneous process vents, identification of each 
miscellaneous process vent subject to this subpart, whether the process 
vent is Group 1 or Group 2, and the method of compliance for each Group 
1 miscellaneous process vent that is not included in an emissions 
average (e.g., use of a flare or other control device meeting the 
requirements of Sec. 63.643(a)).
    (iii) For miscellaneous process vents controlled by control devices 
required to be tested under Sec. 63.645 of this subpart and 
Sec. 63.116(c) of subpart G of this part, performance test results 
including the information in paragraphs (f)(1)(iii)(A) and (B) of this 
section. Results of a performance test conducted prior to the 
compliance date of this subpart can be used provided that the test was 
conducted using the methods specified in Sec. 63.645 and that the test 
conditions are representative of current operating conditions.
    (A) The percentage of reduction of organic HAP's or TOC, or the 
outlet concentration of organic HAP's or TOC (parts per million by 
volume on a dry basis corrected to 3 percent oxygen), determined as 
specified in Sec. 63.116(c) of subpart G of this part; and
    (B) The value of the monitored parameters specified in table 10 of 
this subpart, or a site-specific parameter approved by the permitting 
authority, averaged over the full period of the performance test,
    (iv) For miscellaneous process vents controlled by flares, 
performance test results including the information in paragraphs 
(f)(1)(iv)(A) and (B) of this section;
    (A) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.645 of this subpart 
and Sec. 63.116(a) of subpart G of this part, and
    (B) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (v) For equipment leaks complying with Sec. 63.648(c) (i.e., 
complying with the requirements of subpart H of this part), the 
Notification of Compliance Report Status report information required by 
Sec. 63.182(c) of subpart H and whether the percentage of leaking 
valves will be reported on a process unit basis or a sourcewide basis.
    (2) If initial performance tests are required by Secs. 63.643 
through 63.653 of this subpart, the Notification of Compliance Status 
report shall include one complete test report for each test method used 
for a particular source.
    (i) For additional tests performed using the same method, the 
results specified in paragraph (f)(1) of this section shall be 
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a 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) Performance tests are required only if specified by 
Secs. 63.643 through 63.653 of this subpart. Initial performance tests 
are required for some kinds of emission points and controls. Periodic 
testing of the same emission point is not required.
    (3) For each monitored parameter for which a range is required to 
be established under Sec. 63.120(d) of subpart G of this part for 
storage vessels or Sec. 63.644 for miscellaneous process vents, the 
Notification of Compliance Status report shall include the information 
in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (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 ensures compliance 
with the emission standard.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured 
during the performance test supplemented by engineering assessments and 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering 
assessments and manufacturers' recommendations.
    (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) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
report.
    (5) For emission points included in an emissions average, the 
Notification of Compliance Status report shall include 

[[Page 43288]]
the values of the parameters needed for input to the emission credit 
and debit equations in Sec. 63.652(g) and (h), calculated or measured 
according to the procedures in Sec. 63.652(g) and (h), and the 
resulting credits and debits for the first quarter of the year. The 
first quarter begins on the compliance date specified in Sec. 63.640.
    (g) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports no later than 60 days after the end of each 6-
month period when any of the compliance exceptions specified in 
paragraphs (g)(1) through (g)(6) of this section occur. The first 6-
month period shall begin on the date the Notification of Compliance 
Status report is required to be submitted. A Periodic Report is not 
required if none of the compliance exceptions specified in paragraphs 
(g)(1) through (g)(6) of this section occurred during the 6-month 
period unless emissions averaging is utilized. Quarterly reports must 
be submitted for emission points included in emissions averages, as 
provided in paragraph (g)(8) of this section. An owner or operator may 
submit reports required by other regulations in place of or as part of 
the Periodic Report required by this paragraph if the reports contain 
the information required by paragraphs (g)(1) through (g)(8) of this 
section.
    (1) For storage vessels, Periodic Reports shall include the 
information specified for Periodic Reports in paragraph (g)(2) through 
(g)(5) of this section except that information related to gaskets, 
slotted membranes, and sleeve seals is not required for storage vessels 
that are part of an existing source.
    (2) An owner or operator who elects to comply with Sec. 63.646 by 
using a fixed roof and an internal floating roof or by using an 
external floating roof converted to an internal floating roof shall 
submit the results of each inspection conducted in accordance with 
Sec. 63.120(a) of subpart G of this part in which a failure is detected 
in the control equipment.
    (i) For vessels for which annual inspections are required under 
Sec. 63.120(a)(2)(i) or (a)(3)(ii) of subpart G of this part, the 
specifications and requirements listed in paragraphs (g)(2)(i)(A) 
through (g)(2)(i)(C) of this section apply.
    (A) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on 
the floating roof; or the seal is detached from the internal floating 
roof; or there are holes, tears, or other openings in the seal or seal 
fabric; or there are visible gaps between the seal and the wall of the 
storage vessel.
    (B) Except as provided in paragraph (g)(2)(i)(C) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (C) If an extension is utilized in accordance with 
Sec. 63.120(a)(4) of subpart G of this part, the owner or operator 
shall, in the next Periodic Report, identify the vessel; include the 
documentation specified in Sec. 63.120(a)(4) of subpart G of this part; 
and describe the date the storage vessel was emptied and the nature of 
and date the repair was made.
    (ii) For vessels for which inspections are required under 
Sec. 63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G of this 
part (i.e., internal inspections), the specifications and requirements 
listed in paragraphs (g)(2)(ii)(A) and (g)(2)(ii)(B) of this section 
apply.
    (A) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or, for a storage vessel that is part of a new source, 
the gaskets no longer close off the liquid surface from the atmosphere; 
or, for a storage vessel that is part of a new source, the slotted 
membrane has more than a 10 percent open area.
    (B) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (3) An owner or operator who elects to comply with Sec. 63.646 by 
using an external floating roof shall meet the periodic reporting 
requirements specified in paragraphs (g)(3)(i) through (g)(3)(iii) of 
this section.
    (i) The owner or operator shall submit, as part of the Periodic 
Report, documentation of the results of each seal gap measurement made 
in accordance with Sec. 63.120(b) of subpart G of this part in which 
the seal and seal gap requirements of Sec. 63.120(b)(3), (b)(4), 
(b)(5), or (b)(6) of subpart G of this part are not met. This 
documentation shall include the information specified in paragraphs 
(g)(3)(i)(A) through (g)(3)(i)(D) of this section.
    (A) The date of the seal gap measurement.
    (B) The raw data obtained in the seal gap measurement and the 
calculations described in Sec. 63.120(b)(3) and (b)(4) of subpart G of 
this part.
    (C) A description of any seal condition specified in 
Sec. 63.120(b)(5) or (b)(6) of subpart G of this part that is not met.
    (D) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (ii) If an extension is utilized in accordance with 
Sec. 63.120(b)(7)(ii) or (b)(8) of subpart G of this part, the owner or 
operator shall, in the next Periodic Report, identify the vessel; 
include the documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8) 
of subpart G of this part, as applicable; and describe the date the 
vessel was emptied and the nature of and date the repair was made.
    (iii) The owner or operator shall submit, as part of the Periodic 
Report, documentation of any failures that are identified during visual 
inspections required by Sec. 63.120(b)(10) of subpart G of this part. 
This documentation shall meet the specifications and requirements in 
paragraphs (g)(3)(iii)(A) and (g)(3)(iii)(B) of this section.
    (A) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes or other openings in 
the seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or, for a storage vessel 
that is part of a new source, the gaskets no longer close off the 
liquid surface from the atmosphere; or, for a storage vessel that is 
part of a new source, the slotted membrane has more than 10 percent 
open area.
    (B) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (4) An owner or operator who elects to comply with Sec. 63.646 by 
using an external floating roof converted to an internal floating roof 
shall comply with the periodic reporting requirements of paragraph 
(g)(2) of this section.
    (5) An owner or operator who elects to comply with Sec. 63.646 by 
installing a closed vent system and control device shall submit, as 
part of the next Periodic Report, the information specified in 
paragraphs (g)(5)(i) through (g)(5)(iii) of this section.
    (i) The Periodic Report shall include the information specified in 
paragraphs (g)(5)(i)(A) and (g)(5)(i)(B) of this section for those 
planned routine maintenance 

[[Page 43289]]
operations that would require the control device not to meet the 
requirements of Sec. 63.119(e)(1) or (e)(2) of subpart G of this part, 
as applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of subpart G 
of this part, as applicable, due to planned routine maintenance.
    (ii) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters 
were outside of the parameter ranges documented in the Notification of 
Compliance Status report. The description shall include: Identification 
of the control device for which the measured parameters were outside of 
the established ranges, and causes for the measured parameters to be 
outside of the established ranges.
    (iii) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include: Identification of the flare that does not meet the 
general requirements specified in Sec. 63.11(b) of subpart A of this 
part, and reasons the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (6) For miscellaneous process vents for which continuous parameter 
monitors are required by this subpart, periods of excess emissions 
shall be identified in the Periodic Reports and shall be used to 
determine compliance with the emission standards.
    (i) Period of excess emission means any of the following 
conditions:
    (A) An operating day when the daily average value of a monitored 
parameter, except presence of a flare pilot flame, is outside the range 
specified in the Notification of Compliance Status report. Monitoring 
data recorded during periods of monitoring system breakdown, repairs, 
calibration checks and zero (low-level) and high-level adjustments 
shall not be used in computing daily average values of monitored 
parameters.
    (B) An operating day when all pilot flames of a flare are absent.
    (C) An operating day when monitoring data required to be recorded 
in paragraphs (i)(3) (i) and (ii) of this section are available for 
less than 75 percent of the operating hours.
    (D) For data compression systems approved under paragraph 
(h)(5)(iii) of this section, an operating day when the monitor operated 
for less than 75 percent of the operating hours or a day when less than 
18 monitoring values were recorded.
    (ii) For miscellaneous process vents, excess emissions shall be 
reported for the operating parameters specified in table 10 of this 
subpart unless other site-specific parameter(s) have been approved by 
the operating permit authority.
    (iii) Periods of startup, shutdown, and malfunction that meet the 
definitions in Sec. 63.2 of subpart A of this part and periods of 
performance testing and monitoring system calibration shall not be 
considered periods of excess emissions. Malfunctions may include 
process unit, control device, or monitoring system malfunctions.
    (7) If a performance test for determination of compliance for a new 
emission point subject to this subpart or for an emission point that 
has changed from Group 2 to Group 1 is conducted during the period 
covered by a Periodic Report, the results of the performance test shall 
be included in the Periodic Report.
    (i) Results of the performance test shall include the percentage of 
emissions reduction or outlet pollutant concentration reduction 
(whichever is needed to determine compliance) and the values of the 
monitored operating parameters.
    (ii) The complete test report shall be maintained onsite.
    (8) The owner or operator of a source shall submit quarterly 
reports for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status report no later 
than 150 days after the compliance date specified in Sec. 63.640.
    (ii) The quarterly reports shall include:
    (A) The information specified in this paragraph and in paragraphs 
(g)(2) through (g)(7) of this section for all storage vessels and 
miscellaneous process vents included in an emissions average;
    (B) The information required to be reported by Sec. 63.428(h)(1) of 
subpart R of this part for each gasoline loading rack included in an 
emissions average, unless this information has already been submitted 
in a separate report;
    (C) The information required to be included in quarterly reports by 
Secs. 63.567(f) and 63.567(i)(2) of subpart Y of this part for each 
marine tank vessel loading operation included in an emissions average, 
unless the information has already been submitted in a separate report;
    (D) Any information pertaining to each wastewater stream included 
in an emissions average that the source is required to report under the 
Implementation Plan for the source;
    (E) The credits and debits calculated each month during the 
quarter;
    (F) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as 
required under Secs. 63.652(e)(4);
    (G) The values of any inputs to the credit and debit equations in 
Sec. 63.652 (g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter; and
    (H) Any other information the source is required to report under 
the Implementation Plan for the source.
    (iii) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal 
to annual debits as required by Sec. 63.652(e)(3); and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.652 of this subpart.
    (h) Other reports shall be submitted as specified in subpart A of 
this part and as follows:
    (1) Reports of startup, shutdown, and malfunction required by 
Sec. 63.10(d)(5) of subpart A of this part; and
    (2) For storage vessels, notifications of inspections as specified 
in paragraphs (h)(2)(i) and (h)(2)(ii) of this section;
    (i) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of each Group 1 storage vessel that has been emptied 
and degassed.
    (A) Except as provided in paragraphs (h)(2)(i) (B) and (C) of this 
section, the owner or operator shall notify the Administrator in 
writing at least 30 calendar days prior to filling or refilling of each 
storage vessel with organic HAP's to afford the Administrator the 
opportunity to inspect the storage vessel prior to refilling.
    (B) Except as provided in paragraph (h)(2)(i)(C) of this section, 
if the internal inspection required by Secs. 63.120(a)(2), 
63.120(a)(3), or 63.120(b)(10) of subpart 

[[Page 43290]]
G of this part is not planned and the owner or operator could not have 
known about the inspection 30 calendar days in advance of refilling the 
vessel with organic HAP's, the owner or operator shall notify the 
Administrator at least 7 calendar days prior to refilling of the 
storage vessel. Notification may be made by telephone and immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. This notification, including the written documentation, may 
also be made in writing and sent so that it is received by the 
Administrator at least 7 calendar days prior to the refilling.
    (C) The State or local permitting authority can waive the 
notification requirements of paragraphs (h)(2)(i)(A) and/or 
(h)(2)(i)(B) of this section for all or some storage vessels at 
petroleum refineries subject to this subpart. The State or local 
permitting authority may also grant permission to refill storage 
vessels sooner than 30 days after submitting the notification required 
by paragraph (h)(2)(i)(A) of this section, or sooner than 7 days after 
submitting the notification required by paragraph (h)(2)(i)(B) of this 
section for all storage vessels, or for individual storage vessels on a 
case-by-case basis.
    (ii) In order to afford the Administrator the opportunity to have 
an observer present, the owner or operator of a storage vessel equipped 
with an external floating roof shall notify the Administrator of any 
seal gap measurements. The notification shall be made in writing at 
least 30 calendar days in advance of any gap measurements required by 
Sec. 63.120 (b)(1) or (b)(2) of subpart G of this part. The State or 
local permitting authority can waive this notification requirement for 
all or some storage vessels subject to the rule or can allow less than 
30 calendar days' notice.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec. 63.652(h).
    (4) The owner or operator who requests approval to monitor a 
different parameter than those listed in Sec. 63.644 for miscellaneous 
process vents or who is required by Sec. 63.653(a)(8) to establish a 
site-specific monitoring parameter for a point in an emissions average 
shall submit the information specified in paragraphs (h)(4)(i) through 
(h)(4)(iii) of this section. For new or reconstructed sources, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec. 63.5(d) of subpart A 
and for existing sources, and the information shall be submitted no 
later than 18 months prior to the compliance date. The information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, or in a separate submittal.
    (i) A description of the parameter(s) to be monitored to determine 
whether excess emissions occur 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 can be used to determine excess 
emissions and the schedule for this demonstration. The owner or 
operator must certify that they will establish a range for the 
monitored parameter as part of the Notification of Compliance Status 
report required in paragraphs (e) and (f) of this section.
    (iii) The frequency and content of monitoring, recording, and 
reporting if: monitoring and recording are not continuous; or if 
periods of excess emissions, as defined in paragraph (g)(6) of this 
section, will not be identified in Periodic Reports required under 
paragraphs (e) and (g) of this section. The rationale for the proposed 
monitoring, recording, and reporting system shall be included.
    (5) An owner or operator may request approval to use alternatives 
to the continuous operating parameter monitoring and recordkeeping 
provisions listed in paragraph (i) of this section.
    (i) Requests shall be submitted with the Application for Approval 
of Construction or Reconstruction for new sources and no later than 18 
months prior to the compliance date for existing sources. The 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, or in a separate 
submittal. Requests shall contain the information specified in 
paragraphs (h)(5)(iii) through (h)(5)(iv) of this section, as 
applicable.
    (ii) The provisions in Sec. 63.8(f)(5)(i) of subpart A of this part 
shall govern the review and approval of requests.
    (iii) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
hour) but records all values that meet set criteria for variation from 
previously recorded values.
    (A) The requested system shall be designed to:
    (1) Measure the operating parameter value at least once every hour.
    (2) Record at least 24 values each day during periods of operation.
    (3) Record the date and time when monitors are turned off or on.
    (4) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (5) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (B) The request shall contain a description of the monitoring 
system and data compression recording system including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating daily averages, and a demonstration that the 
system meets all criteria of paragraph (h)(5)(iii)(A) of this section.
    (iv) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f) of subpart A of this part.
    (6) The owner or operator shall submit the information specified in 
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as 
applicable. For existing sources, this information shall be submitted 
no later than 18 months prior to the compliance date. For a new source, 
the information shall be submitted with the application for approval of 
construction or reconstruction required by Sec. 63.5(d) of subpart A of 
this part. The information may be submitted in an operating permit 
application, in an amendment to an operating permit application, or in 
a separate submittal.
    (i) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units.
    (ii) The determination of applicability of this subpart to any 
storage vessel for which use varies from year to year.
    (iii) The determination of applicability of this subpart to any 
distillation unit for which use varies from year to year.
    (i) Recordkeeping.
    (1) Each owner or operator subject to the storage vessel provisions 
in Sec. 63.646 shall keep the records specified in Sec. 63.123 of 
subpart G of this part except as specified in paragraphs (i)(1)(i) 
through (i)(1)(iv) of this section.
    (i) Records related to gaskets, slotted membranes, and sleeve seals 
are not required for storage vessels within existing sources.
    (ii) All references to Sec. 63.122 in Sec. 63.123 of subpart G of 
this part shall be replaced with Sec. 63.654(e),
    (iii) All references to Sec. 63.150 in Sec. 63.123 of subpart G of 
this part shall be replaced with Sec. 63.652. 

[[Page 43291]]

    (iv) If a storage vessel is determined to be Group 2 because the 
weight percent total organic HAP of the stored liquid is less than or 
equal to 4 percent for existing sources or 2 percent for new sources, a 
record of any data, assumptions, and procedures used to make this 
determination shall be retained.
    (2) Each owner or operator required to report the results of 
performance tests under paragraphs (f) and (g)(7) of this section shall 
retain a record of all reported results as well as a complete test 
report, as described in paragraph (f)(2)(ii) of this section for each 
emission point tested.
    (3) Each owner or operator required to continuously monitor 
operating parameters under Sec. 63.644 for miscellaneous process vents 
or under Secs. 63.652 and 63.653 for emission points in an emissions 
average shall keep the records specified in paragraphs (i)(3)(i) 
through (i)(3)(v) of this section unless an alternative recordkeeping 
system has been requested and approved under paragraph (h) of this 
section.
    (i) The monitoring system shall measure data values at least once 
every hour.
    (ii) The owner or operator shall record either:
    (A) Each measured data value; or
    (B) Block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are 
measured more frequently than once per minute, a single value for each 
minute may be used to calculate the hourly (or shorter period) block 
average instead of all measured values.
    (iii) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day and retained for 5 years 
except as specified in paragraph (i)(3)(iv) of this section.
    (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 
number of hours of operation per day if operation is not continuous.
    (B) The operating day shall be the period defined in the 
Notification of Compliance Status report. It may be from midnight to 
midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status report, 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 day. For these 
days, the records required in paragraph (i)(3)(ii) of this section 
shall also be retained for 5 years.
    (v) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average computed under 
this subpart. Records shall be kept of the times and durations of all 
such periods and any other periods during process or control device 
operation when monitors are not operating.
    (4) All other information required to be reported under paragraphs 
(a) through (h) of this section shall be retained for 5 years.


Secs. 63.655 through 63.679   [Reserved].
Appendix to Subpart CC--Tables

                   Table 1.--Hazardous Air Pollutants                   
------------------------------------------------------------------------
                        Chemical name                           CAS No.a
------------------------------------------------------------------------
Benzene......................................................      71432
Biphenyl.....................................................      92524
Butadiene (1,3)..............................................      10990
Carbon disulfide.............................................      75150
Carbonyl sulfide.............................................     463581
Cresol (mixed isomers b).....................................    1319773
Cresol (m-)..................................................     108394
Cresol (o-)..................................................      95487
Cresol (p-)..................................................     106445
Cumene.......................................................      98828
Dibromoethane (1,2) (ethylene dibromide).....................     106934
Dichloroethane (1,2).........................................     107062
Diethanolamine...............................................     111422
Ethylbenzene.................................................     100414
Ethylene glycol..............................................     107211
Hexane.......................................................     110543
Methanol.....................................................      67561
Methyl ethyl ketone (2-butanone).............................      78933
Methyl isobutyl ketone (hexone)..............................     108101
Methyl tert butyl ether......................................    1634044
Naphthalene..................................................      91203
Phenol.......................................................     108952
Toluene......................................................     108883
Trimethylpentane (2,2,4).....................................     540841
Xylene (mixed isomers b).....................................    1330207
xylene (m-)..................................................     108383
xylene (o-)..................................................      95476
xylene (p-)..................................................    106423 
------------------------------------------------------------------------
a CAS number = Chemical Abstract Service registry number assigned to    
  specific compounds, isomers, or mixtures of compounds.                
b Isomer means all structural arrangements for the same number of atoms 
  of each element and does not mean salts, esters, or derivatives.      


             Table 2.--Leak Definitions for Pumps and Valves            
------------------------------------------------------------------------
                                                                 Leak   
                                                              definition
                     Standard a                       Phase   (parts per
                                                               million) 
------------------------------------------------------------------------
Sec.  63.163 (pumps)...............................  I            10,000
                                                     II            5,000
                                                     III           2,000
Sec.  63.168 (valves)..............................  I            10,000
                                                     II            1,000
                                                     III          1,000 
------------------------------------------------------------------------
a Subpart H of this part.                                               


  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       
------------------------------------------------------------------------
63.181(a)..............  Recordkeeping system     Except for Secs.      
                          requirements.            63.181(b)(2)(iii) and
                                                   63.181(b)(9).        
63.181(b)..............  Records required for     Except for Secs.      
                          process unit equipment.  63.181(b)(2)(iii) and
                                                   63.181(b)(9).        
63.181(c)..............  Visual inspection        Except for Secs.      
                          documentation.           63.181(b)(2)(iii) and
                                                   63.181(b)(9).        
63.181(d)..............  Leak detection record    Except for Sec.       
                          requirements.            63.181(d)(8).        
63.181(e)..............  Compliance requirements  This subsection does  
                          for pressure tests for   not apply to subpart 
                          batch product process    CC.                  
                          equipment trains.                             
63.181(f)..............  Compressor compliance    ......................
                          test records.                                 
63.181(g)..............  Closed-vent systems and  ......................
                          control device record                         
                          requirements.                                 
63.181(h)..............  Process unit quality     ......................
                          improvement program                           
                          records.                                      

[[Page 43292]]
                                                                        
63.181(i)..............  Heavy liquid service     ......................
                          determination record.                         
63.181(j)..............  Equipment                ......................
                          identification record.                        
63.181(k)..............  Enclosed-vented process  ......................
                          unit emission                                 
                          limitation record                             
                          requirements.                                 
63.182(a)..............  Reports.                                       
63.182(b)..............  Initial notification     ......................
                          report requirements.                          
63.182(c)..............  Notification of          Except in Sec.        
                          compliance status        63.182(2); change    
                          report.                  ``within 90 days of  
                                                   the compliance       
                                                   dates'' to ``within  
                                                   150 days of the      
                                                   compliance dates.''  
63.182(d)..............  Periodic report........  Except for Secs.      
                                                   63.182 (d)(2)(vii),  
                                                   (d)(2)(viii), and    
                                                   (d)(3).              
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the 
  referenced sections. See referenced sections for specific             
  requirements.                                                         



    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     Excess emissions report  Required to be        
 (h)(3).                  loading rack             submitted with the   
                          information              periodic report      
                                                   required under 40 CFR
                                                   part 63 subpart CC.  
63.428(i)..............  Records and annual       The information       
                          reports for facilities   required under this  
                          meeting Sec.             paragraph is to be   
                          63.420(c) (emissions     submitted with the   
                          screening factor <1.0,   Periodic Report      
                          but 0.5).     required under 40 CFR
                                                   part 63 subpart CC.  
63.428(j)..............  Records and reports for  The information       
                          facilities meeting       required under this  
                          Sec.  63.420(d)          paragraph is to be   
                          (emissions screening     submitted with the   
                          factor <0.5).            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.                                                         


 Table 5.--Marine Vessel Loading and Unloading Operations Recordkeeping 
                      and Reporting Requirements a                      
------------------------------------------------------------------------
 Reference (section of                                                  
subpart Y of this part)        Description                Comment       
------------------------------------------------------------------------
63.566(a)..............  Performance test/site    The information       
                          test plan                required under this  
                                                   paragraph is to be   
                                                   submitted with the   
                                                   notification of      
                                                   compliance status    
                                                   report required under
                                                   40 CFR part 63       
                                                   subpart CC.          
63.566(b)..............  Performance test data                          
                          requirements                                  
63.567(a)..............  General Provisions                             
                          (subpart A)                                   
                          applicability                                 
63.567(c)..............  Vent system valve                              
                          bypass recordkeeping                          
                          requirements                                  
63.567(d)..............  Continuous equipment                           
                          monitoring                                    
                          recordkeeping                                 
                          requirements                                  
63.567(e)..............  Flare recordkeeping                            
                          requirements                                  
63.567(f)..............  Quarterly report         The information       
                          requirements             required under this  
                                                   paragraph is to be   
                                                   submitted with the   
                                                   periodic report      
                                                   required under 40 CFR
                                                   part 63 subpart CC.  
63.567(g)..............  Marine vessel vapor-                           
                          tightness                                     
                          documentation                                 
63.567(h)..............  Documentation file                             
                          maintenance                                   
63.567(i)..............  Emission estimation                            
                          reporting and                                 
                          recordkeeping                                 
                          procedures                                    
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the 
  referenced sections. See referenced sections for specific             
  requirements.                                                         


       Table 6.--General Provisions Applicability to Subpart CC a       
------------------------------------------------------------------------
                               Applies to                               
         Reference             subpart CC               Comment         
------------------------------------------------------------------------
63.1(a)(1)................  Yes                                         
63.1(a)(2)................  Yes                                         
63.1(a)(3)................  Yes                                         

[[Page 43293]]
                                                                        
63.1(a)(4)................  No                Subpart CC (this table)   
                                               specifies applicability  
                                               of each paragraph in     
                                               subpart A to subpart CC. 
63.1(a)(5)-63.1(a)(9).....  No                                          
63.1(a)(10)...............  No                Subpart CC and other cross-
                                               referenced subparts      
                                               specify calendar or      
                                               operating day.           
63.1(a)(11)...............  Yes                                         
63.1(a)(12)...............  Yes                                         
63.1(a)(13)...............  Yes                                         
63.1(a)(14)...............  Yes                                         
63.1(b)(1)................  No                Subpart CC specifies its  
                                               own applicability.       
63.1(b)(2)................  Yes                                         
63.1(b)(3)................  No                                          
63.1(c)(1)................  No                Subpart CC explicitly     
                                               specifies requirements   
                                               that apply.              
63.1(c)(2)................  No                Area sources are not      
                                               subject to subpart CC.   
63.1(c)(3)................  No                                          
63.1(c)(4)................  Yes                                         
63.1(c)(5)................  Yes               Except that sources are   
                                               not required to submit   
                                               notifications overridden 
                                               by this table.           
63.1(d)...................  No                                          
63.1(e)...................  No                                          
63.2......................  Yes               Sec.  63.641 of subpart CC
                                               specifies that if the    
                                               same term is defined in  
                                               subparts A and CC, it    
                                               shall have the meaning   
                                               given in subpart CC.     
63.3......................  No                Units of measure are      
                                               spelled out in subpart   
                                               CC.                      
63.4(a)(1)-63.4(a)(3).....  Yes                                         
63.4(a)(4)................  No                Reserved.                 
63.4(a)(5)................  Yes                                         
63.4(b)...................  Yes                                         
63.4(c)...................  Yes                                         
63.5(a)(1)................  Yes               Except replace term       
                                               ``source'' and           
                                               ``stationary source'' in 
                                               Sec.  63.5(a)(1) of      
                                               subpart A with ``affected
                                               source.''                
63.5(a)(2)................  Yes                                         
63.5(b)(1)................  Yes                                         
63.5(b)(2)................  No                Reserved.                 
63.5(b)(3)................  Yes                                         
63.5(b)(4)................  Yes               Except the cross-reference
                                               to Sec.  63.9(b) is      
                                               changed to Sec.  63.9(b) 
                                               (4) and (5). Subpart CC  
                                               overrides Sec.  63.9     
                                               (b)(2) and (b)(3).       
63.5(b)(5)................  Yes                                         
63.5(b)(6)................  Yes                                         
63.5(c)...................  No                Reserved.                 
63.5(d)(1)(i).............  Yes               Except that the           
                                               application shall be     
                                               submitted as soon as     
                                               practicable before       
                                               startup but no later than
                                               90 days (rather than 60  
                                               days) after the          
                                               promulgation date of     
                                               subpart CC if the        
                                               construction or          
                                               reconstruction had       
                                               commenced and initial    
                                               startup had not occurred 
                                               before the promulgation  
                                               of subpart CC.           
63.5(d)(1)(ii)............  Yes               Except that for affected  
                                               sources subject to       
                                               subpart CC, emission     
                                               estimates specified in   
                                               Sec.  63.5(d)(1)(ii)(H)  
                                               are not required.        
63.5(d)(1)(iii)...........  No                Subpart CC requires       
                                               submittal of the         
                                               notification of          
                                               compliance status report 
                                               in Sec.  63.654(e).      
63.5(d)(2)................  No                                          
63.5(d)(3)................  Yes               Except Sec.               
                                               63.5(d)(3)(ii) does not  
                                               apply.                   
63.5(d)(4)................  Yes                                         
63.5(e)...................  Yes                                         
63.5(f)(1)................  Yes                                         
63.5(f)(2)................  Yes               Except that the ``60      
                                               days'' in the cross-     
                                               referenced Sec.          
                                               63.5(d)(1) is changed to 
                                               ``90 days,'' and the     
                                               cross-reference to (b)(2)
                                               does not apply.          
63.6(a)...................  Yes                                         
63.6(b)(1)................  No                Subpart CC specifies      
                                               compliance dates for     
                                               sources subject to       
                                               subpart CC.              
63.6(b)(2)................  No                                          
63.6(b)(3)................  Yes                                         
63.6(b)(4)................  No                May apply when standards  
                                               are proposed under       
                                               section 112(f) of the    
                                               Clean Air Act.           
63.6(b)(5)................  No                Sec.  63.654(d) of subpart
                                               CC includes notification 
                                               requirements.            
63.6(b)(6)................  No                                          
63.6(b)(7)................  No                                          
63.6(c)(1)................  No                Sec.  63.640 of subpart CC
                                               specifies the compliance 
                                               date.                    
63.6(c)(2)-63.6(c)(4).....  No                                          

[[Page 43294]]
                                                                        
63.6(c)(5)................  Yes                                         
63.6(d)...................  No                                          
63.6(e)...................  Yes               Does not apply to Group 2 
                                               emission points.b        
63.6(f)(1)................  Yes                                         
63.6(f)(2)(i).............  Yes                                         
63.6(f)(2)(ii)............  Yes               Subpart CC specifies the  
                                               use of monitoring data in
                                               determining compliance   
                                               with subpart CC.         
63.6(f)(2)(iii) (A), (B),   Yes                                         
 and (C).                                                               
63.6(f)(2)(iii)(D)........  No                                          
63.6(f)(2)(iv)............  Yes                                         
63.6(f)(2)(v).............  Yes                                         
63.6(f)(3)................  Yes                                         
63.6(g)...................  Yes                                         
63.6(h)...................  No                Subpart CC does not       
                                               require opacity and      
                                               visible emission         
                                               standards.               
63.6(i)...................  Yes               Except for Sec.           
                                               63.6(i)(15), which is    
                                               reserved.                
63.6(j)...................  Yes                                         
63.7(a)(1)................  No                Subpart CC specifies      
                                               required testing and     
                                               compliance demonstration 
                                               procedures.              
63.7(a)(2)................  No                Test results must be      
                                               submitted in the         
                                               notification of          
                                               compliance status report 
                                               due 150 days after       
                                               compliance date, as      
                                               specified in Sec.        
                                               63.654(d) of subpart CC. 
63.7(a)(3)................  Yes                                         
63.7(b)...................  No                                          
63.7(c)...................  No                                          
63.7(d)...................  Yes                                         
63.7(e)(1)................  Yes                                         
63.7(e)(2)................  Yes                                         
63.7(e)(3)................  No                Subpart CC specifies test 
                                               methods and procedures.  
63.7(e)(4)................  Yes                                         
63.7(f)...................  No                Subpart CC specifies      
                                               applicable methods and   
                                               provides alternatives.   
63.7(g)...................  No                Performance test reporting
                                               specified in Sec.        
                                               63.654(d).               
63.7(h)(1)................  Yes                                         
63.7(h)(2)................  Yes                                         
63.7(h)(3)................  Yes               Yes, except site-specific 
                                               test plans shall not be  
                                               required, and where Sec. 
                                               63.7(g)(3) specifies     
                                               submittal by the date the
                                               site-specific test plan  
                                               is due, the date shall be
                                               90 days prior to the     
                                               notification of          
                                               compliance status report 
                                               in Sec.  63.654(d).      
63.7(h)(4)................  No                                          
63.7(h)(5)................  Yes                                         
63.8(a)...................  No                                          
63.8(b)(1)................  Yes                                         
63.8(b)(2)................  No                Subpart CC specifies      
                                               locations to conduct     
                                               monitoring.              
63.8(b)(3)................  Yes                                         
63.8(c)(1)(i).............  Yes                                         
63.8(c)(1)(ii)............  No                Addressed by periodic     
                                               reports in Sec.          
                                               63.654(e) of subpart CC. 
63.8(c)(1)(iii)...........  Yes                                         
63.8(c)(2)................  Yes                                         
63.8(c)(3)................  Yes                                         
63.8(c)(4)................  No                Subpart CC specifies      
                                               monitoring frequency in  
                                               Sec.  63.641 and Sec.    
                                               63.654(g)(3) of subpart  
                                               CC.                      
63.8(c)(5)-63.8(c)(8).....  No                                          
63.8(d)...................  No                                          
63.8(e)...................  No                                          
63.8(f)(1)................  Yes                                         
63.8(f)(2)................  Yes                                         
63.8(f)(3)................  Yes                                         
63.8(f)(4)(i).............  No                Timeframe for submitting  
                                               request is specified in  
                                               Sec.  63.654(f)(4) of    
                                               subpart CC.              
63.8(f)(4)(ii)............  Yes                                         
63.8(f)(4)(iii)...........  No                                          
63.8(f)(5)(i).............  Yes                                         
63.8(f)(5)(ii)............  No                                          
63.8(f)(5)(iii)...........  Yes                                         
63.8(f)(6)................  No                Subpart CC does not       
                                               require continuous       
                                               emission monitors.       
63.8(g)...................  No                Subpart CC specifies data 
                                               reduction procedures in  
                                               Sec.  63.654(h)(3).      
63.9(a)...................  Yes               Except that the owner or  
                                               operator does not need to
                                               send a copy of each      
                                               notification submitted to
                                               the Regional Office of   
                                               the EPA as stated in Sec.
                                                63.9(a)(4)(ii).         

[[Page 43295]]
                                                                        
63.9(b)(1)(i).............  No                Specified in Sec.         
                                               63.654(d)(2) of subpart  
                                               CC.                      
63.9(b)(1)(ii)............  No                                          
63.9(b)(2)................  No                An initial notification   
                                               report is not required   
                                               under subpart CC.        
63.9(b)(3)................  No                                          
63.9(b)(4)................  Yes               Except that the           
                                               notification in Sec.     
                                               63.9(b)(4)(i) shall be   
                                               submitted at the time    
                                               specified in Sec.        
                                               63.654(d)(2) of subpart  
                                               CC.                      
63.9(b)(5)................  Yes               Except that the           
                                               notification in Sec.     
                                               63.9(b)(5) shall be      
                                               submitted at the time    
                                               specified in Sec.        
                                               63.654(d)(2) of subpart  
                                               CC.                      
63.9(c)...................  Yes                                         
63.9(d)...................  Yes                                         
63.9(e)...................  No                                          
63.9(f)...................  No                                          
63.9(g)...................  No                                          
63.9(h)...................  No                Subpart CC Sec.  63.652(d)
                                               specifies notification of
                                               compliance status report 
                                               requirements.            
63.9(i)...................  Yes                                         
63.9(j)...................  No                                          
63.10(a)..................  Yes                                         
63.10(b)(1)...............  No                Sec.  63.644(d) of subpart
                                               CC specifies record      
                                               retention requirements.  
63.10(b)(2)(i)............  Yes                                         
63.10(b)(2)(ii)...........  Yes                                         
63.10(b)(2)(iii)..........  No                                          
63.10(b)(2)(iv)...........  Yes                                         
63.10(b)(2)(v)............  Yes                                         
63.10(b)(2)(vi)-(ix)......  No                                          
63.10(b)(2)(x)............  Yes                                         
63.10(b)(2)(xii)-(xiv)....  No                                          
63.10(b)(3)...............  No                                          
63.10(c)..................  No                                          
63.10(d)(1)...............  No                                          
63.10(d)(2)...............  No                Sec.  63.654(d) of subpart
                                               CC specifies performance 
                                               test reporting.          
63.10(d)(3)...............  No                                          
63.10(d)(4)...............  Yes                                         
63.10(d)(5)(i)............  Yes b             Except that reports       
                                               required by Sec.         
                                               63.10(d)(5)(i) may be    
                                               submitted at the same    
                                               time as periodic reports 
                                               specified in Sec.        
                                               63.654(e) of subpart CC. 
63.10(d)(5)(ii)...........  Yes b                                       
63.10(e)..................  No                                          
63.10(f)..................  Yes                                         
63.11-63.15...............  Yes                                         
------------------------------------------------------------------------
a Wherever subpart A 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 by the specified dates, but a postmark is not
  required.                                                             
b The plan, and any records or reports of startup, shutdown, and        
  malfunction do not apply to Group 2 emission points.                  



  Table 7.--Fraction Measured (Fm), Fraction Emitted (Fe), and Fraction 
          Removed (Fr) for HAP Compounds in Wastewater Streams          
------------------------------------------------------------------------
              Chemical name                CAS No.a    Fm     Fe     Fr 
------------------------------------------------------------------------
Benzene.................................      71432   1.00   0.80   0.99
Biphenyl................................      92524   0.86   0.45   0.99
Butadiene (1,3-)........................     106990   1.00   0.98   0.99
Carbon disulfide........................      75150   1.00   0.92   0.99
Cumene..................................      98828   1.00   0.88   0.99
Dichloroethane (1,2-) (Ethylene                                         
 dichloride)............................     107062   1.00   0.64   0.99
Ethylbenzene............................     100414   1.00   0.83   0.99
Hexane..................................     110543   1.00   1.00   0.99
Methanol................................      67561   0.85   0.17   0.31
Methyl ethyl ketone (2-Butanone)........      78933   0.99   0.48   0.95
Methyl isobutyl ketone (Hexone).........     108101   0.98   0.53   0.99
Methyl tert-butyl ether.................    1634044   1.00   0.57   0.99
Naphthalene.............................      91203   0.99   0.51   0.99
Trimethylpentane (2,2,4-)...............     540841   1.00   1.00   0.99
Xylene (m-).............................     108383   1.00   0.82   0.99
Xylene (o-).............................      95476   1.00   0.79   0.99
Xylene (p-).............................     106423   1.00   0.82   0.99
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number   
  assigned to specific compounds, isomers, or mixtures of compounds.    


                                                                        

[[Page 43296]]
           Table 8.--Value Monitoring Frequency for Phase III           
------------------------------------------------------------------------
         Performance level                                              
-----------------------------------      Valve monitoring frequency     
       Leaking valves a (%)                                             
------------------------------------------------------------------------
4......................  Monthly or QIP.b                    
<4................................  Quarterly.                          
<3................................  Semiannual.                         
<2................................  Annual.                             
------------------------------------------------------------------------
a Percent leaking valves is calculated as a rolling average of two      
  consecutive monitoring periods.                                       
b QIP=Quality improvement program. Specified in Sec.  63.175 of subpart 
  H of this part.                                                       



          Table 9.--Valve Monitoring Frequency for Alternative          
------------------------------------------------------------------------
         Performance level                                              
-----------------------------------   Valve monitoring frequency under  
       Leaking valves a (%)               Sec.  63.649 alternative      
------------------------------------------------------------------------
5......................  Monthly or QIP.b                    
<5................................  Quarterly.                          
<4................................  Semiannual.                         
<3................................  Annual.                             
------------------------------------------------------------------------
a Percent leaking valves is calculated as a rolling average of two      
  consecutive monitoring periods.                                       
b QIP=Quality improvement program. Specified in Sec.  63.175 of subpart 
  H of this part.                                                       


  Table 10.--Miscellaneous Process Vents--Monitoring, Recordkeeping and 
Reporting Requirements for Complying With 98 Weight-Percent Reduction of
Total Organic HAP Emissions or a Limit of 20 Parts Per Million by Volume
------------------------------------------------------------------------
                                                   Recordkeeping and    
    Control device        Parameters to be    reporting requirements for
                            monitored a          monitored parameters   
------------------------------------------------------------------------
Thermal incinerator..  Firebox temperature b  1. Continuous records c.  
                        (63.644(a)(1)(i)).                              
                                              2. Record and report the  
                                               firebox temperature      
                                               averaged over the full   
                                               period of the performance
                                               test--NCS d.             
                                              3. Record the daily       
                                               average firebox          
                                               temperature for each     
                                               operating day e.         
                                              4. Report all daily       
                                               average temperatures that
                                               are outside the range    
                                               established in the NCS or
                                               operating permit and all 
                                               operating days when      
                                               insufficient monitoring  
                                               data are collected f--PR 
                                               g.                       
Catalytic incinerator  Temperature upstream   1. Continuous records c.  
                        and downstream of                               
                        the catalyst bed                                
                        (63.644(a)(1)(ii)).                             
                                              2. Record and report the  
                                               upstream and downstream  
                                               temperatures and the     
                                               temperature difference   
                                               across the catalyst bed  
                                               averaged over the full   
                                               period of the performance
                                               test--NCS d.             
                                              3. Record the daily       
                                               average upstream         
                                               temperature and          
                                               temperature difference   
                                               across the catalyst bed  
                                               for each operating day e.
                                              4. Report all daily       
                                               average upstream         
                                               temperatures that are    
                                               outside the range        
                                               established in the NCS or
                                               operating permit--PR g.  
                                              5. Report all daily       
                                               average temperature      
                                               differences across the   
                                               catalyst bed that are    
                                               outside the range        
                                               established in the NCS or
                                               operating permit--PR g.  
                                              6. Report all operating   
                                               days when insufficient   
                                               monitoring data are      
                                               collected f.             
Boiler or process      Firebox temperature b  1. Continuous records c.  
 heater with a design   (63.644(a)(4)).                                 
 heat capacity less                                                     
 than 44 megawatts                                                      
 where the vent                                                         
 stream is not                                                          
 introduced into the                                                    
 flame zone h,i.                                                        
                                              2. Record and report the  
                                               firebox temperature      
                                               averaged over the full   
                                               period of the performance
                                               test--NCS d.             
                                              3. Record the daily       
                                               average firebox          
                                               temperature for each     
                                               operating day e.         
                                              4. Report all daily       
                                               average firebox          
                                               temperatures that are    
                                               outside the range        
                                               established in the NCS or
                                               operating permit and all 
                                               operating days when      
                                               insufficient monitoring  
                                               data are collected f--PR 
                                               g.                       
Flare................  Presence of a flame    1. Hourly records of      
                        at the pilot light     whether the monitor was  
                        (63.644(a)(2)).        continuously operating   
                                               and whether a pilot flame
                                               was continuously present 
                                               during each hour.        
                                              2. Record and report the  
                                               presence of a flame at   
                                               the pilot light over the 
                                               full period of the       
                                               compliance determination--
                                               NCS d.                   

[[Page 43297]]
                                                                        
                                              3. Record the times and   
                                               durations of all periods 
                                               when all pilot flames for
                                               a flare are absent or the
                                               monitor is not operating.
                                              4. Report the times and   
                                               durations of all periods 
                                               when all pilot flames for
                                               a flare are absent or the
                                               monitor is not operating.
All control devices..  Presence of flow       1. Hourly records of      
                        diverted to the        whether the flow         
                        atmosphere from the    indicator was operating  
                        control device         and whether flow was     
                        (63.644(c)(1)) or.     detected at any time     
                                               during each hour.        
                                              2. Record and report the  
                                               times and durations of   
                                               all periods when the vent
                                               stream is diverted       
                                               through a bypass line or 
                                               the monitor is not       
                                               operating--PR g.         
                       Monthly inspections    1. Records that monthly   
                        of sealed valves       inspections were         
                        [63.644(c)(2)].        performed.               
                                              2. Record and report all  
                                               monthly inspections that 
                                               show the valves are not  
                                               closed or the seal has   
                                               been changed--PR g.      
------------------------------------------------------------------------
a Regulatory citations are listed in parentheses.                       
b Monitor may be installed in the firebox or in the ductwork immediately
  downstream of the firebox before any substantial heat exchange is     
  encountered.                                                          
c ``Continuous records'' is defined in Sec.  63.641.                    
d NCS = Notification of compliance status report described in Sec.      
  63.654.                                                               
e The daily average is the average of all recorded parameter values for 
  the operating day. If all recorded values during an operating day are 
  within the range established in the NCS or operating permit, a        
  statement to this effect can be recorded instead of the daily average.
f When a period of excess emission is caused by insufficient monitoring 
  data, as described in Sec.  63.654(g)(6)(i) (C) or (D), the duration  
  of the period when monitoring data were not collected shall be        
  included in the Periodic Report.                                      
g PR = Periodic Reports described in Sec.  63.654(g).                   
h No monitoring is required for boilers and process heaters with a      
  design heat capacity 44 megawatts or for boilers and       
  process heaters where all vent streams are introduced into the flame  
  zone. No recordkeeping or reporting associated with monitoring is     
  required for such boilers and process heaters.                        
i Process vents that are routed to refinery fuel gas systems are not    
  regulated under this subpart. No monitoring, recordkeeping, or        
  reporting is required for boilers and process heaters that combust    
  refinery fuel gas.                                                    


[FR Doc. 95-20252 Filed 8-17-95; 8:45 am]
BILLING CODE 6560-50-P