[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29876-29882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10382]




[[Page 29875]]


_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 60 and 63



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

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

[[Page 29876]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[AD-FRL-5463-1]
RIN 2060-AD9Y


National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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

SUMMARY: This action corrects errors and clarifies regulatory text of 
the ``National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries,'' which was issued as a final rule on August 18, 
1995.

EFFECTIVE DATE: June 12, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North 
Carolina, 27711, telephone number (919) 541-5672.

SUPPLEMENTARY INFORMATION: On August 18, 1995 (60 FR 43244), the 
Environmental Protection Agency (EPA) promulgated in the Federal 
Register national emission standards for hazardous air pollutants 
(NESHAP) for petroleum refineries. These regulations were promulgated 
as subpart CC of 40 CFR part 63. The same notice amended standards of 
performance in 40 CFR part 60, subpart VV. This document contains 
corrections to typographical and cross referencing errors in these 
subparts. A few editorial clarifications are also being made to clarify 
the intent of certain provisions and correct inconsistencies between 
different sections of the rule.

I. Description of Clarifying Changes

A. Compliance Dates

    The compliance dates in Sec. 63.640(h) are being clarified to 
remove an inconsistency regarding the compliance date for marine tank 
vessels. Section 63.640(h) stated that refineries have 3 years to 
comply with the NESHAP unless a case-by-case 1-year extension is 
granted. However, Sec. 63.651 cross references the marine tank vessel 
loading rule [40 CFR 63, subpart Y (September 19, 1995; FR 43388)] 
which allows 4 years to comply without requiring a case-by-case 
extension. Therefore, it was unclear in the rule published on August 
18, whether a compliance extension is required to allow marine tank 
vessel loading operations at refineries 4 years to comply. The intent 
was to be consistent with subpart Y, unless marine tank vessels are 
used to generate credit in an emissions average. Paragraph (h)(3) is 
being added to Sec. 63.640 to make it clear that marine tank vessel 
loading operations have 4 years to comply. However, if marine tank 
vessels loading is used to generate credits for an emissions average, 
compliance must be achieved in 3 years unless a case-by-case extension 
is granted by the regulatory authority as provided in Sec. 63.6(i) of 
subpart A (the NESHAP general provisions). Because the other emission 
points at a refinery included in such an emissions average are required 
to comply within 3 years of promulgation, the emissions average would 
not balance if the marine tank vessel loading was not controlled by the 
third year. However, regulatory authorities have the discretion to 
allow an extension of up to 1 year for full implementation of the 
emissions average. This decision is best made on a site-specific basis.
    A clarification is also being made to the wording of 
Sec. 63.640(h)(4) which allows Group 1 storage vessels with floating 
roofs to comply at the next degassing and cleaning activity or within 
10 years after promulgation of the rule, whichever is first. The 
clarification will insert the phrase ``after August 18, 1998'' after 
the words ``cleaning activity''. As explained in the promulgation 
preamble, the intent of this provision was to allow an extension of up 
to 10 years for floating roof storage vessels to achieve full 
compliance, not to require compliance prior to the 3-year compliance 
time allowed for all other emission points at refineries. As originally 
worded, this paragraph could have been misinterpreted as requiring 
storage vessels that were degassed prior to the August 18, 1998 
compliance date to come into compliance earlier than the rest of the 
refinery.
    A clarification is also being made to Sec. 63.640(l) regarding 
compliance times and reports for addition of emission points to 
existing sources. This paragraph of the promulgated rule is clear 
regarding addition of miscellaneous process vents, storage vessels, 
gasoline loading racks, and marine tank vessel loading operations, but 
did not specifically address equipment leaks. Responses to comments in 
section 9 (general monitoring, recordkeeping, and reporting comments) 
of the background information document for the promulgated rule (EPA 
453/R-95-015b) clarify that it was not intended that the addition of 
pumps, valves, and other components to an existing source subject to 
the equipment leaks standard trigger new source reporting requirements. 
The amended paragraph clarifies that equipment leak component additions 
remain subject to existing source and not new source requirements.
    Paragraph (m)(2) of Sec. 63.640 has also been reworded to clarify 
the timing for of a compliance schedule submittal existing sources when 
a Group 2 emission point becomes a Group 1 emission point. The intended 
180-day time period for submitting the compliance schedule has not been 
changed, but the intent of the previous wording ``within 180 days after 
the change is made or the information regarding the change is known to 
the source'' has been clarified by the rewording.

B. Clarification of Exemptions

    Paragraph (d)(3) of Sec. 63.640 is being reworded. This paragraph 
exempts equipment that is in organic hazardous air pollutant (HAP) 
service less than 300 hours per year. This exemption applies to the 
types of equipment listed in the definition of ``equipment leaks'' in 
Sec. 63.641. In order to improve clarity, the specific types of 
equipment to which this exemption applies have been listed in 
Sec. 63.640(d)(3). The list of equipment being added to this paragraph 
exactly matches the list already included in the definition of 
equipment leaks in Sec. 63.641.
    An exemption for emission points routed to refinery fuel gas 
systems is being added to Sec. 63.640(d). This exemption is specified 
in the definition of ``miscellaneous process vent'' in Sec. 63.641. 
Putting this exemption in the applicability section (Sec. 63.640) makes 
it clearer that all emissions routed to fuel gas systems are exempt 
from the rule.

C. Definitions

    The definitions of ``Group 1 gasoline loading rack'' and ``Group 1 
marine tank vessel'' are being revised for consistency with 40 CFR part 
63 subparts R (the gasoline distribution NESHAP) and Y (the marine tank 
vessel loading NESHAP). The intent of the refineries NESHAP was to be 
consistent with subparts R and Y in terms of which loading operations 
require control. Sections 63.650 and 63.651 of the Refineries NESHAP 
(subpart CC) cross-reference subparts R and Y for control requirements 
for loading operations. However, throughput and emissions applicability 
criteria in subparts R and Y were not correctly incorporated in the 
Group 1 definitions in Sec. 63.641. The definition of ``Group 1 
gasoline loading

[[Page 29877]]

rack'' is being revised to mean a gasoline loading rack classified 
under SIC 2911 that is part of a bulk gasoline terminal with the 
capacity to load greater than 75,700 liters per year of gasoline. This 
is consistent with subpart R. The definition of ``Group 1 marine tank 
vessel'' is being revised by changing the emission rate criteria for 
existing sources from 9.1 megagrams per year of any individual HAP and 
13.6 megagrams of any combination of HAPs to 9.1 megagrams per year of 
any individual HAP and 22.7 megagrams of any combination of HAPs. The 
revised definition also clarifies that these emission rate cutoffs 
apply only to existing sources, not to new sources. These 
clarifications remove inconsistencies between the definitions in 
Sec. 63.641 of subpart CC and the rules cross-referenced in 
Secs. 63.650 and 63.651.
    The definition of storage vessel is being clarified by removing the 
clause ``in organic HAP service''. This was a drafting error. The 
definition was intended to cover vessels storing organic liquids. 
However, the phrase ``in organic liquid service'' was used without 
recognizing that it is a defined term used in the equipment leaks 
section of the rule to indicate equipment leak components containing or 
contacting fluid that is at least 5 weight percent organic HAP. The 
preamble to the final rule (60 FR 43252) and the ``Group 1 storage 
vessel'' definitions make it clear that storage vessels with lower 
percent organic HAP were intended to be regulated. The ``Group 1 
storage vessel'' definition contains the correct organic HAP weight 
percent cutoffs of 4 percent for existing sources and 2 percent for new 
sources, which are discussed in the preamble for the final rule.
    The definition of ``Group 1 miscellaneous process vent'' is being 
revised to clarify that the 20 parts per million by volume cutoff 
applies to organic HAP rather than volatile organic compounds (VOC). 
This is consistent with the definition of ``miscellaneous process 
vent'', which includes vents containing greater than 20 parts per 
million by volume organic HAP and with the 20 parts per million organic 
HAP language in Sec. 63.643. The definitions of ``miscellaneous process 
vent'' and ``equipment leaks'' are also being clarified by specifying 
that they do not include emissions from wastewater collection and 
conveyance systems. Air emissions from wastewater systems are regulated 
under the wastewater provisions in Sec. 63.647 of subpart CC.
    Definitions of ``startup'' and ``shutdown'' are being added for 
clarification. These definitions are consistent with definitions in the 
subpart A General Provisions and the hazardous organics NESHAP (40 CFR 
60, subpart F). Under the General Provisions, Sec. 63.6(f)(1) states 
that emission limits do not apply during startup, shutdown, and 
malfunction. These definitions make it clear that, for purposes of 
Sec. 63.6(f)(1) and for the startup, shutdown, and malfunction plan, 
startup and shutdown refer to startup and shutdown of refinery process 
units or unit operations such as distillation units rather than to 
individual components such as pumps. To further clarify this point, the 
second sentence in the definition of ``affected source'' has been 
deleted. This sentence had been interpreted to mean that startup, 
shutdown, and malfunction plans apply to individual components.
    Other minor definition changes are being made to correct 
typographical errors and improve clarity. For example, in the 
definition of ``emission point'', the word ``gas'' is changed to 
``gasoline'', and a definition of leakless valves is being added to 
clarify which types of valves are excluded from the monitoring 
requirements of the rule.

D. Equations

    The term ``R'' in the equation in Sec. 63.642(g) represents the 
fraction of emissions from a Group 1 marine tank vessel loading 
operation after the required level of control has been applied. The 
phrase ``and 0.05 for new offshore loading terminals'' is being deleted 
because offshore loading terminals are not subject to subpart CC. 
Therefore, this phrase was not relevant to the refineries NESHAP, and 
would cause confusion.
    The EPA is clarifying that the emissions averaging equations for 
gasoline loading racks assume that all facilities with Group 1 gasoline 
loading racks must comply with the requirements of subpart R regarding 
vapor-tightness of gasoline cargo tanks loaded at the facility, 
regardless of whether emissions averaging is used. Therefore, the 
emissions credit and debit calculation equations do not include terms 
for estimating emissions from leakage from gasoline cargo tanks. 
(Compliance with subpart R vapor-tightness provisions is not a new 
requirement. There is no change to the regulation language regarding 
this point.)

E. Recordkeeping and Reporting

    Section 63.642(e) is being revised to state that records shall be 
maintained in such a manner that they can be readily accessed within 24 
hours, rather than be maintained on-site for 2 years. This change is 
consistent with the discussion on this issue in section 9 (general 
monitoring, recordkeeping and reporting comments) of the background 
information document for this rule. This change was not incorporated in 
the promulgated rule because of a drafting oversight.
    In Sec. 63.654(d), recordkeeping requirement for equipment leaks 
are being added that require owners or operators to keep a list of 
valves that are designated as ``leakless.'' These valves are exempt 
from the valve monitoring requirements. This recordkeeping requirement 
is consistent with requirements in equipment leak rules cross-
referenced in this subpart, such as 40 CFR part 60, subpart VV. The 
requirement was overlooked when drafting the cross-references to 
subpart VV. Owners or operators are also required to identify equipment 
in process units that are subject to the rule that are not considered 
in organic HAP service, and reciprocating compressors and pumps that 
are exempt from equipment leak control requirements. These requirements 
are consistent with the hazardous organic NESHAP recordkeeping and 
reporting requirements which is cross referenced in the rule.
    Section 63.654(h)(1) is being clarified to explicitly state that 
reports of startup, shutdown, and malfunction required by 
Sec. 63.10(d)(5) do not apply to Group 2 emission points at refineries, 
unless they are included in an emission average. This is already stated 
in table 6, which shows which portions of the NESHAP general provisions 
apply to subpart CC. Table 6 specifies, in footnote b, that 
Sec. 63.10(d)(5) does not apply to Group 2 emission points that are not 
included in an emission average, but it would be clearer to the reader 
to also state this in Sec. 63.654(h)(1).
    In table 4 of 40 CFR part 63, subpart CC, the cross-references to 
Sec. 63.428 (i) and (j) of 40 CFR part 63, subpart R are being deleted. 
These records and reports pertain to recordkeeping provisions of 
subpart R that are applicable to facilities that have calculated 
emissions from bulk terminals and pipeline breakout stations that fall 
below a deminimis level and are not subject to 40 CFR part 63, subpart 
CC. In table 6 of subpart CC, the applicability of Sec. 63.6(h) has 
been clarified. This requirement is referenced in portions of the HON 
rule (40 CFR part 63, subpart G) and the general provisions (40 CFR 
part 63, subpart A) relating to flares that are cross-referenced from 
subpart CC, and it was incorrectly over-ridden in the table. However, 
paragraphs relating strictly to

[[Page 29878]]

opacity remain over-ridden. Paragraphs specifying the timing of the 
visible emissions testing also remain over-ridden because 
Sec. 63.645(i) has been added to 40 CFR part 63, subpart CC to specify 
the timing of the visible emissions tests for flares used to comply 
with subpart CC. The timing in Sec. 63.645(i) is consistent with the 
date the petroleum refinery notification of compliance status is due, 
and will avoid requiring a visible emissions report at a separate time 
specified in Sec. 63.6(h).
    In table 3 of 40 CFR part 63, subpart CC, the comments on the 
recordkeeping and reporting requirements in Sec. 63.182 (b) and (c) are 
being corrected to be consistent with exemptions allowed in the text.

II. Cross Referencing and Typographical Errors

    Errors in cross-referencing 40 CFR part 63 subparts G and R, 40 CFR 
part 60 subpart Kb, and other sections within subpart CC are being 
corrected. Typographical errors are also being corrected.

List of Subjects in 40 CFR Parts 60 and 63

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

    Dated: April 17, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.

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

PART 60--[AMENDED]

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

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

Subpart VV--[Amended]

    2. Section 60.482-10 is amended by revising paragraph (j) to read 
as follows:


Sec. 60.482-10  Standards: Closed vent systems and control devices.

* * * * *
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(1) of this section, as unsafe to inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified 
in paragraphs (j)(1) and (j)(2) of this section:
* * * * *

PART 63--[AMENDED]

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

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

Subpart CC--[Amended]

    4. Section 63.640 is amended by revising paragraphs (b) and (d), 
the last sentence of paragraph (f)(5), paragraphs (h)(4), the first 
sentence of paragraph (h)(5) introductory text, paragraphs (l)(3)(iv), 
by adding paragraphs (h)(3) and (l)(4), revising paragraphs (m)(2) and 
(n)(4), as follows:


Sec. 63.640  Applicability and designation of affected source.

* * * * *
    (b) For process units that are designed and operated as flexible 
operation units, the applicability of this subpart shall be determined 
for existing sources based on the expected utilization for the 5 years 
following promulgation of this subpart and for new sources based on the 
expected utilization for the first 5 years after startup.
* * * * *
    (d) The affected source subject to this subpart does not include 
the emission points listed in paragraphs (d)(1) through (d)(5) of this 
section.
    (1) Stormwater from segregated stormwater sewers;
    (2) Spills;
    (3) Any pump, compressor, pressure relief device, sampling 
connection system, open-ended valve or line, valve, or instrumentation 
system that is intended to operate in organic hazardous air pollutant 
service, as defined in Sec. 63.641 of this subpart, for less than 300 
hours during the calendar year;
    (4) Catalytic cracking unit and catalytic reformer catalyst 
regeneration vents, and sulfur plant vents; and
    (5) Emission points routed to a fuel gas system, as defined in 
Sec. 63.641 of this subpart. No testing, monitoring, recordkeeping, or 
reporting is required for refinery fuel gas systems or emission points 
routed to refinery fuel gas systems.
* * * * *
    (f) * * *
    (5) * * *. This determination shall be reported as specified in 
Sec. 63.654(h)(6)(iii).
* * * * *
    (h) * * *
    (3) Marine tank vessels at existing sources shall be in compliance 
with this subpart no later than August 18, 1999 unless the vessels are 
included in an emissions average to generate emission credits. Marine 
tank vessels used to generate credits in an emissions average shall be 
in compliance with this subpart no later than August 18, 1998 unless an 
extension has been granted by the Administrator as provided in 
Sec. 63.6(i).
    (4) Existing Group 1 floating roof storage vessels shall be in 
compliance with Sec. 63.646 at the first degassing and cleaning 
activity after August 18, 1998, or within 10 years after promulgation 
of the rule, whichever is first.
    (5) An owner or operator may elect to comply with the provisions of 
Sec. 63.648 (c) through (i) as an alternative to the provisions of 
Sec. 63.648 (a) and (b). * * *
* * * * *
    (l) * * *
    (3) * * *
    (iv) Reports and notifications required by Sec. 63.182, or 40 CFR 
60.487. The requirements of subpart H of this part are summarized in 
table 3 of this subpart;
* * * * *
    (4) If pumps, compressors, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, or 
instrumentation systems are added to an existing source, they are 
subject to the equipment leak standards for existing sources in 
Sec. 63.648. A notification of compliance status report shall not be 
required for such added equipment.
* * * * *
    (m) * * *
    (2) The compliance schedule shall be submitted within 180 days 
after the change is made, unless the compliance schedule has been 
previously submitted to the permitting authority. If it is not possible 
to determine until after the change is implemented whether the emission 
point has become Group 1, the compliance schedule shall be submitted 
within 180 days of the date when the affect of the change is known to 
the source. The compliance schedule may be submitted in the next 
Periodic Report if the change is made after the date the Notification 
of Compliance Status report is due.
* * * * *
    (n) * * *
    (4) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to 40 CFR 60.110b, but is not required to apply controls by 40 
CFR 60.110b or 60.112b is required to comply only with this subpart.
* * * * *
    5. Section 63.641 is amended by revising the definitions of 
``Affected source'', ``Emission point'', the last sentence in 
``Equipment leak'', ``Group 1 gasoline loading rack'', ``Group 1

[[Page 29879]]

marine tank vessel'', ``Group 1 miscellaneous process vent'', the first 
sentence in the introductory text of ``Storage vessel'', and 
``Temperature monitoring device'', and by adding a definition for 
``Leakless valve'', ``Startup'', and ``Shutdown'' and by adding a 
paragraph (13) to the definition for ``Miscellaneous process vent'' to 
read as follows:


Sec. 63.641  Definitions.

* * * * *
    Affected source means the collection of emission points to which 
this subpart applies as determined by the criteria in Sec. 63.640.
* * * * *
    Emission point means an individual miscellaneous process vent, 
storage vessel, wastewater stream, or equipment leak associated with a 
petroleum refining process unit; an individual storage vessel or 
equipment leak associated with a bulk gasoline terminal or pipeline 
breakout station classified under Standard Industrial Classification 
code 2911; a gasoline loading rack classified under Standard Industrial 
Classification code 2911; or a marine tank vessel loading operation 
located at a petroleum refinery.
    Equipment leak * * *. Vents from wastewater collection and 
conveyance systems (including, but not limited to wastewater drains, 
sewer vents, and sump drains), tank mixers, and sample valves on 
storage tanks are not equipment leaks.
* * * * *
    Group 1 gasoline loading rack means any gasoline loading rack 
classified under Standard Industrial Classification code 2911 that is 
located within a bulk gasoline terminal that has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput for the terminal as may be limited 
by compliance with enforceable conditions under Federal, State, or 
local law and discovered by the Administrator and any other person.
    Group 1 marine tank vessel means a vessel at an existing source 
loaded at any land- or sea-based terminal or structure that loads 
liquid commodities with vapor pressures greater than or equal to 10.3 
kilopascals in bulk onto marine tank vessels, that emits greater than 
9.1 megagrams of any individual HAP or 22.7 megagrams of any 
combination of HAP annually after August 18, 1999, or a vessel at a new 
source loaded at any land- or sea-based terminal or structure that 
loads liquid commodities with vapor pressures greater than or equal to 
10.3 kilopascals onto marine tank vessels.
    Group 1 miscellaneous process vent means a miscellaneous process 
vent for which the total organic HAP concentration is greater than or 
equal to 20 parts per million by volume, and the total volatile organic 
compound emissions are greater than or equal to 33 kilograms per day 
for existing sources and 6.8 kilograms per day for new sources at the 
outlet of the final recovery device (if any) and prior to any control 
device and prior to discharge to the atmosphere.
* * * * *
    Leakless valve means a valve that has no external actuating 
mechanism.
* * * * *
    Miscellaneous process vent * * *
    (13) Emissions from wastewater collection and conveyance systems 
including, but not limited to, wastewater drains, sewer vents, and sump 
drains.
* * * * *
    Shutdown means the cessation of a petroleum refining process unit 
or a unit operation (including, but not limited to, a distillation unit 
or reactor) within a petroleum refining process unit for purposes 
including, but not limited to, periodic maintenance, replacement of 
equipment, or repair.
    Startup means the setting into operation of a petroleum refining 
process unit for purposes of production. Startup does not include 
operation solely for purposes of testing equipment. Startup does not 
include changes in product for flexible operation units.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids. * * *
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius or 
0.5  deg.C, whichever is greater.
* * * * *
    6. Section 63.642 is amended by revising paragraphs (e) and (g) as 
follows:


Sec. 63.642  General standards.

* * * * *
    (e) Each owner or operator of a source subject to this subpart 
shall keep copies of all applicable reports and records required by 
this subpart for at least 5 years except as otherwise specified in this 
subpart. All applicable records shall be maintained in such a manner 
that they can be readily accessed within 24 hours. Records may be 
maintained in hard copy or computer-readable form including, but not 
limited to, on paper, microfilm, computer, floppy disk, magnetic tape, 
or microfiche.
* * * * *
    (g) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's 
to the level represented by the following equation:


EA = 0.02EPV1 + EPV2 + 
0.05ES1 + ES2 + EGLR1C + 
EGLR2 + (R) EMV1 + EMV2 + 
EWW1C + EWW2

where:
EA = Emission rate, megagrams per year, allowed for the source.
0.02EPV1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 miscellaneous process vents, as defined in 
Sec. 63.641.
EPV2 = Sum of the emissions, megagrams per year, from all 
Group 2 process vents, as defined in Sec. 63.641.
0.05ES1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 storage vessels, as defined in Sec. 63.641.
ES2 = Sum of the emissions, megagrams per year, from all 
Group 2 storage vessels, as defined in Sec. 63.641.
EGLR1C = Sum of the residual emissions, megagrams per 
year, from all Group 1 gasoline loading racks, as defined in 
Sec. 63.641.
EGLR2 = Sum of the emissions, megagrams per year, from 
all Group 2 gasoline loading racks, as defined in Sec. 63.641.
(R)EMV1 = Sum of the residual emissions megagrams per 
year, from all Group 1 marine tank vessels, as defined in Sec. 63.641.
R = 0.03 for existing sources, 0.02 for new sources.
EMV2 = Sum of the emissions, megagrams per year from all 
Group 2 marine tank vessels, as defined in Sec. 63.641.
EWW1C = Sum of the residual emissions from all Group 1 
wastewater streams, as defined in Sec. 63.641. This term is calculated 
for each Group 1 stream according to the equation for EWWic in 
Sec. 63.652(h)(6).
EWW2 = Sum of emissions from all Group 2 wastewater 
streams, as defined in Sec. 63.641.

The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point

[[Page 29880]]

change or as the number of emission points in the source changes.
* * * * *
    7. Section 63.644 is amended by revising the last sentence of 
paragraph (d) as follows:


Sec. 63.644   Monitoring provisions for miscellaneous process vents.

* * * * *
    (d) * * *. In order to establish the range, the information 
required in Sec. 63.654(f)(3) shall be submitted in the Notification of 
Compliance Status report.
* * * * *
    8. Section 63.645 is amended by revising paragraphs (a) and (h)(2), 
and by adding paragraph (i), as follows:


Sec. 63.645   Test methods and procedures for miscellaneous process 
vents.

    (a) To demonstrate compliance with Sec. 63.643, an owner or 
operator shall follow Sec. 63.116 except for Sec. 63.116 (a)(1), (d) 
and (e) of subpart G of this part except as provided in paragraphs (b) 
through (d) and paragraph (i) of this section.
* * * * *
    (h) * * *
    (2) Where the recalculated TOC emission rate is greater than 33 
kilograms per day for an existing source or greater than 6.8 kilograms 
per day for a new source, the owner or operator shall submit a report 
as specified in Sec. 63.654 (f), (g), or (h) and shall comply with the 
appropriate provisions in Sec. 63.643 by the dates specified in 
Sec. 63.640.
    (i) A compliance determination for visible emissions shall be 
conducted within 150 days of the compliance date using Method 22 of 40 
CFR part 60, Appendix A, to determine visible emissions.
    9. Section 63.646 is amended by revising paragraphs (a), (d) 
introductory text, and (d)(9), and adding (d)(10), as follows:


Sec. 63.646   Storage vessel provisions.

    (a) Each owner or operator of a Group 1 storage vessel subject to 
this subpart shall comply with the requirements of Secs. 63.119 through 
63.121 except as provided in paragraphs (b) through (l) of this 
section.
* * * * *
    (d) References shall apply as specified in paragraphs (d)(1) 
through (d)(10) of this section.
* * * * *
    (9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that Sec. 63.647 of this subpart is applicable.
* * * * *
    10. Section 63.648 is amended by revising the first sentences of 
paragraphs (c)(9) and (c)(10) as follows:


Sec. 63.648   Equipment leak standards.

* * * * *
    (c) * * *
    (9) When complying with the requirements of Sec. 63.168(e)(3)(i), 
non-repairable valves shall be included in the calculation of percent 
leaking valves the first time the valve is identified as leaking and 
non-repairable. * * *
    (10) If in phase III of the valve standard any valve is designated 
as being leakless, the owner or operator has the option of following 
the provisions of 40 CFR 60.482-7(f). * * *
* * * * *
    11. Section 63.650 is amended by revising paragraph (a) as follows:


Sec. 63.650  Gasoline loading rack provisions.

    (a) Except as provided in paragraphs (b) through (c) of this 
section, each owner or operator of a gasoline loading rack classified 
under Standard Industrial Classification code 2911 located within a 
contiguous area and under common control with a petroleum refinery 
shall comply with subpart R, Secs. 63.421, 63.422 (a) through (c), 
63.425 (a) through (c), 63.425 (e) through (h), 63.427 (a) and (b), and 
63.428 (b), (c), (g)(1), and (h)(1) through (h)(3).
* * * * *
    12. Section 63.651 is amended by revising paragraph (a) and adding 
paragraph (d), as follows:


Sec. 63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, each owner or operator of a marine tank vessel loading 
operation located at a petroleum refinery shall comply with the 
requirements of Secs. 63.560 through 63.567.
* * * * *
    (d) The compliance time of 4 years after promulgation of 40 CFR 
part 63, subpart Y does not apply. The compliance time is specified in 
Sec. 63.640(h)(3).
    13. Section 63.652 is amended by revising the equation in paragraph 
(h)(1) introductory text (the definitions to the equation remain 
unchanged) to read as follows:


Sec. 63.652  Emissions averaging provisions.

* * * * *
    (h) * * *
    (1) * * *


[[Page 29881]]

[GRAPHIC] [TIFF OMITTED] TR12JN96.000


* * *
* * * * *
    14. Section 63.653 is amended by revising paragraph (a)(4) as 
follows:


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

    (a) * * *
    (4) For each gasoline loading rack that is controlled, perform the 
testing and monitoring procedures specified in Secs. 63.425 and 63.427 
of subpart R of this part except Sec. 63.425(d) or Sec. 63.427(c).
* * * * *
    15. Section 63.654 is amended by revising paragraphs (d) 
introductory text, (d)(3), adding paragraphs (d)(4), (d)(5), and 
(d)(6), revising the first sentence of paragraph (g)(6)(iii), and 
revising paragraphs (g)(8)(ii)(B) and (h)(1), as follows:


Sec. 63.654  Reporting and recordkeeping requirements.

* * * * *
    (d) Each owner or operator subject to the equipment leaks standards 
in Sec. 63.648 shall comply with the recordkeeping and reporting 
provisions in paragraphs (d)(1) through (d)(6) of this section.
* * * * *
    (3) An owner or operator who determines that a compressor qualifies 
for the hydrogen service exemption in Sec. 63.648 shall also keep a 
record of the demonstration required by Sec. 63.648.
    (4) An owner or operator must keep a list of identification numbers 
for valves that are designated as leakless per Sec. 63.648(c)(10).
    (5) An owner or operator must identify, either by list or location 
(area or refining process unit), equipment in organic HAP service less 
than 300 hours per year within refining process units subject to this 
subpart.
    (6) An owner or operator must keep a list of reciprocating pumps 
and compressors determined to be exempt from seal requirements as per 
Secs. 63.648 (f) and (i).
* * * * *
    (g) * * *
    (6) * * *
    (iii) Periods of startup and shutdown that meet the definition of 
Sec. 63.641, and malfunction that meet the definition in Sec. 63.2 and 
periods of performance testing and monitoring system calibration shall 
not be considered periods of excess emissions. * * *
    (8) * * *
    (ii) * * *
    (B) The information required to be reported by Sec. 63.428 (h)(1), 
(h)(2), and (h)(3) for each gasoline loading rack included in an 
emissions average, unless this information has already been submitted 
in a separate report;
* * * * *
    (h) * * *
    (1) Reports of startup, shutdown, and malfunction required by 
Sec. 63.10(d)(5). Records and reports of startup, shutdown, and 
malfunction are not required if they pertain solely to Group 2 emission 
points, as defined in Sec. 63.641, that are not included in an 
emissions average. For purposes of this paragraph, startup and shutdown 
shall have the meaning defined in Sec. 63.641, and malfunction shall 
have the meaning defined in Sec. 63.2; and
* * * * *
    16. Table 3 in the appendices to subpart CC is amended by revising 
entries 63.182(b) and 63.182 (c) to read as follows:

  Table 3.--Equipment Leak Recordkeeping and Reporting Requirements for 
  Sources Complying With Sec.  63.648 of Subpart CC by Compliance With  
                        Subpart H of This Part a                        
------------------------------------------------------------------------
    Reference (section of                                               
   subpart H of this part)         Description             Comment      
------------------------------------------------------------------------
                                                                        
  *                  *                  *                  *            
                   *                  *                  *              
63.182(b)...................  Initial notification  Not required.       
                               report requirements.                     
63.182(c)...................  Notification of       Except in Sec.      
                               compliance status     63.182(c); change  
                               report.               ``within 90 days of
                                                     the compliance     
                                                     dates'' to ``within
                                                     150 days of the    
                                                     compliance dates'';
                                                     except in Secs.    
                                                     63.182 (c)(2) and  
                                                     (c)(4).            
                                                                        
  *                  *                  *                  *            
                   *                  *                  *              
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the 
  referenced sections. See referenced sections for specific             
  requirements.                                                         


[[Page 29882]]


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

    Table 4.--Gasoline Distribution Emission Point Recordkeeping and    
                        Reporting Requirements a                        
------------------------------------------------------------------------
    Reference (section of                                               
   subpart R of this part)         Description             Comment      
------------------------------------------------------------------------
63.428(b)...................  Records of test                           
                               results for each                         
                               gasoline cargo tank                      
                               loaded at the                            
                               facility.                                
63.428(c)...................  Continuous                                
                               monitoring data                          
                               recordkeeping                            
                               requirements.                            
63.428(g)(1)................  Semiannual report     Required to be      
                               loading rack          submitted with the 
                               information.          periodic report    
                                                     required under 40  
                                                     CFR part 63 subpart
                                                     CC.                
63.428 (h)(1) through (h)(3)  Excess emissions      Required to be      
                               report loading rack   submitted with the 
                               information.          periodic report    
                                                     required under 40  
                                                     CFR part 63 subpart
                                                     CC.                
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the 
  referenced sections. See referenced sections for specific             
  requirements.                                                         

* * * * *
    18. Table 6 in the appendices to subpart CC is amended by revising 
entries 63.6(h) (1) and (2), 63.6(h) (4) and (5), 63.6(h)(6) and 
63.6(h) (7) through (9) to read as follows:

       Table 6.--General Provisions Applicability to Subpart CC a       
------------------------------------------------------------------------
                                    Applies to                          
           Reference               subpart CC b           Comment       
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
 63.6(h) (1) and (2)..........  Yes                                     
63.6(h) (4) and (5)...........  No                 Visible emission     
                                                    requirements and    
                                                    timing in subpart   
                                                    CC.                 
63.6(h)(6)....................  Yes                                     
63.6(h) (7) through (9).......  No                 Subpart CC does not  
                                                    require opacity     
                                                    standards.          
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *
    19. Table 8 in the appendices to subpart CC is amended by revising 
the heading of the table, as follows:

           Table 8.--Valve Monitoring Frequency for Phase III           
                                                                        
                                                                        

* * *
* * * * *
[FR Doc. 96-10382 Filed 6-11-96; 8:45 am]
BILLING CODE 6560-50-P