[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Proposed Rules]
[Pages 55178-55288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25454]



[[Page 55177]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology; Proposed Rule

  Federal Register / Vol. 63, No. 198 / Wednesday, October 14, 1998 / 
Proposed Rules  

[[Page 55178]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6164-2]
RIN 2060-AG91, 2060-AF06, 2060-AG94, 2060-AF09, 2060-AE36


National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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

SUMMARY: This consolidated rulemaking proposal includes several related 
elements. Today's proposal would establish a ``Generic MACT Standards'' 
program to be utilized by the EPA in establishing National Emission 
Standards for Hazardous Air Pollutants (NESHAP) under section 112 of 
the Clean Air Act (Act) for certain small source categories consisting 
of five or fewer sources. As part of this generic MACT program, the EPA 
is proposing an alternative methodology under which the EPA will make 
its maximum available control technology (MACT) determination for 
appropriate small categories by referring to previous MACT standards 
that have been promulgated for similar sources in other categories. The 
basic purposes of the proposed generic MACT program are to use public 
and private sector resources efficiently, and to promote regulatory 
consistency and predictability in MACT standard development.
    In this consolidated rulemaking package, the EPA is also proposing 
general control requirements for certain types of emission points for 
hazardous air pollutants (HAP), which will then be referenced, as 
appropriate, in the generic MACT requirements for individual source 
categories. These proposed general control requirements are set forth 
in new proposed subparts and would be applicable to storage vessels 
managing organic materials, process vents emitting organic vapors, 
leaks from equipment components. In addition, the EPA is proposing a 
separate subpart of requirements for closed vent systems, control 
devices, recovery devices and routing to fuel gas systems or a process.
    Today's consolidated rulemaking package also includes specific 
proposed MACT standards that have been developed within the generic 
MACT framework for four specific source categories that are included on 
the EPA's list of categories for which NESHAP are required. These 
proposals include standards for acetal resins (AR) production, acrylic 
and modacrylic fiber (AMF) production, hydrogen fluoride (HF) 
production, and polycarbonate(s) (PC) production.

DATES: Comments. Comments must be received on or before January 12, 
1999.
    Public Hearing. A public hearing will be held, if requested, to 
provide interested persons an opportunity for oral presentation of 
data, views, or arguments concerning the proposed generic MACT 
standards. If any person specifically requests that a public hearing be 
held by November 4, 1998, a public hearing will be held on November 25, 
1998 beginning at 10:00 a.m.
    Request to Speak at a Hearing. Any request that a hearing be held 
concerning this proposed rule must be submitted orally or in writing no 
later than November 4, 1998, by contacting Ms. Dorothy Apple at (919) 
541-4487, Policy Planning and Standards Group (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
(LE-131), Attention, Docket No. A-97-17, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. All technical comments 
pertaining solely to individual source categories should be submitted 
to the dockets established for the individual source categories (see 
Docket for individual docket numbers). The EPA requests that a separate 
copy of comments also be sent to Mr. David W. Markwordt (see FOR 
FURTHER INFORMATION CONTACT for address).
    Comments and data may be submitted by electronic mail (e-mail) to: 
[email protected]. Electronic comments must be submitted as an 
ASCII file to avoid the use of special characters and encryption 
problems. Comments and data will also be accepted on Microsoft DOS 
formatted 3.5 inches high-density diskettes containing WordPerfect 
 5.1 or 6.1, or ASCII formatted files. All comments and 
data submitted in electronic form must note the docket number: A-97-17 
for nonsource category-specific comments and data; and A-97-19 for AR 
production, A-97-18 for AMF production, A-96-54 for HF production, and 
A-97-16 for PC production source category-specific comments and data. 
No confidential business information (CBI) should be submitted by e-
mail. Electronic comments on this proposed rule may be filed online at 
many Federal Depository Libraries.
    Public Hearing. The public hearing, if required, will be held at 
the EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing should 
contact Ms. Dorothy Apple at (919) 541-4487, Policy Planning and 
Standards Group (MD-13), to verify that a hearing will be held.
    Docket. A docket, No. A-97-17, containing information considered by 
the EPA in the development of the proposed standards for the generic 
MACT, is available for public inspection between 8:30 a.m. and 3:30 
p.m., Monday through Friday (except for Federal holidays), at the 
following address: U.S. Environmental Protection Agency, Air and 
Radiation Docket and Information Center (MC-6102), 401 M Street SW., 
Washington DC 20460, telephone: (202) 260-7548. The EPA's Air Docket 
section is located at the above address in Room M-1500, Waterside Mall 
(ground floor). Dockets established for each of the source categories 
proposed to be assimilated under the generic MACT standards with this 
proposal include the following: (1) AR production (Docket No. A-97-19); 
AMF production (Docket No. A-97-18); HF production (Docket No. A-96-
54); and PC production (Docket No. A-97-16). These dockets include 
source category-specific supporting information. The proposed 
standards, and supporting information are available for inspection and 
copying. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
proposed standards, contact the following at the Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711:

----------------------------------------------------------------------------------------------------------------
                                                                                       Phone/facsimile/ e-mail
          Information type                   Contact                  Group                    address
----------------------------------------------------------------------------------------------------------------
Nonsource category-specific........  David W. Markwordt....  Policy, Planning and    (919) 541-0837/(919) 541-
                                                              Standards Group.        0942/
                                                                                     [email protected].

[[Page 55179]]

AR Production......................  John M. Schaefer......  Organic Chemicals       (919) 541-0296/(919) 541-
                                                              Group.                  3470/
                                                                                     [email protected].
AMF Production.....................  Anthony P. Wayne......  Policy, Planning and    (919) 541-5439/(919) 541-
                                                              Standards Group.        0942/
                                                                                     [email protected].
HF Production......................  Richard S. Colyer.....  Policy, Planning, and   (919) 541-5262/(919) 541-
                                                              Standards Group.        0942/
                                                                                     [email protected].
PC Production......................  Mark A. Morris........  Organic Chemicals       (919) 541-5416/(919) 541-
                                                              Group.                  3470/
                                                                                     [email protected].
----------------------------------------------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION: This notice, the proposed regulatory text, 
and supporting documentation are available in Docket No. A-97-17 or by 
request from the EPA's Air and Radiation Docket and Information Center 
(see ADDRESSES). This notice and the proposed regulatory text are also 
available on the Technology Transfer Network (TTN) on the EPA's 
electronic bulletin boards. The TTN provides information and technology 
exchange in various areas of air emissions control. The service is 
free, except for the cost of a telephone call. Dial (919) 541-5742 for 
up to a 14,400 baud per second modem. For further information, contact 
the TTN HELP line at (919) 541-5384, from 1:00 p.m. to 5:00 p.m. Monday 
through Friday, or access the TTN web site at: http://www.epa.gov/ttn.
    Regulated entities. Entities potentially regulated are those that 
produce AR, AMF, HF, and PC and are major sources of HAP as defined in 
section 112 of the Act. Regulated categories and entities include:

------------------------------------------------------------------------
           Category                       Regulated entitiesa
------------------------------------------------------------------------
Industry.....................  Producers of homopolymers and/or
                                copolymers of alternating oxymethylene
                                units.
                               Producers of either acrylic fiber or
                                modacrylic fiber synthetics composed of
                                acrylonitrile (AN) units.
                               Producers of, and recoverers of HF by
                                reacting calcium fluoride with sulfuric
                                acid. For the purpose of implementing
                                the rule, HF production is not a process
                                that produces gaseous HF for direct
                                reaction with hydrated aluminum to form
                                aluminum fluoride (i.e., the HF is not
                                recovered as an intermediate or final
                                product prior to reacting with the
                                hydrated aluminum).
                               Producers of a special class polyester
                                formed from any dihydroxy compound and
                                any carbonate diester or by ester
                                exchange.
------------------------------------------------------------------------
a This table is not intended to be exhaustive, but rather provides a
  guide for readers regarding entities likely to be regulated by this
  action. This table lists the types of entities that the EPA is now
  aware could potentially be regulated by this action. Other types of
  entities not listed in the table could also be regulated. To determine
  whether your facility, company, business, organization, etc., is
  regulated by this action, you should carefully examine the
  applicability criteria in Sec.  63.1104(a)(1), (b)(1), (c)(1), and
  (d)(1) of the rule. If you have questions regarding the applicability
  of this action to a particular entity, consult the person listed in
  the preceding FOR FURTHER INFORMATION CONTACT section.

    The following outline is provided to aid in reading the preamble to 
the proposed generic MACT standards.

I. Background
    A. Purpose of the Proposed Standards
    B. Technical Basis for the Proposed Standards
    C. Stakeholder and Public Participation
II. Source Category List
III. Basis for Generic MACT Approach
    A. Background
    B. Rationale
    C. Description of Alternative Approach
IV. Summary of Proposed Standards
    A. Generic MACT Standards Structure
    B. Acetal Resins Production Standards
    C. Acrylic and Modacrylic Fiber Production Standards
    D. Hydrogen Fluoride Production Standards
    E. Polycarbonates Production Standards
V. Summary of Environmental, Energy, and Economic Impacts
VI. Emission Point General Control Requirements
VII. Selection of MACT for Proposed Standards
    A. MACT for Acrylic and Modacrylic Fiber Production
    B. MACT for Hydrogen Fluoride Production
    C. MACT for Polycarbonates Production
    D. MACT for Acetal Resins Production
VIII. Selection of Format
IX. Selection of Test Methods and Procedures
X. Selection of Monitoring, Inspection, Recordkeeping, and Reporting 
Requirements
XI. Relationship to Other Standards and Programs Under the Act
    A. Relationship to the Part 70 and Part 71 Permit Programs
    B. Overlapping Regulations
XII. Solicitation of Comments
    A. Alternative MACT Determination Approach
    B. Emission Point Common Control Requirements
XIII. Administrative Requirements
    A. Public Hearing
    B. Docket
    C. Executive Order 12866
    D. Enhancing the Intergovernmental Partnership Under Executive 
Order 12875
    E. Paperwork Reduction Act
    F. Regulatory Flexibility Act
    G. Unfunded Mandates
    H. National Technology Transfer and Advancement Act
    I. Protection of Children from Environmental Health Risks
    J. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
XIV. Statutory Authority

I. Background

A. Purpose of the Proposed Standards

    The Act was developed, in part,

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

Sources that would be subject to the standards proposed for each of the 
source categories (i.e., AR production, AMF production, HF production, 
PC production) with today's notice are major sources of HAP emissions 
on the EPA's list of categories scheduled for regulation under section 
112(c)(1) of the Act. Major sources of HAP emissions are those sources 
that have the potential to emit greater than 9.1 megagrams per year 
(Mg/yr) (10 tons per year (tpy)) of any one HAP or 22.7 Mg/yr (25 tpy) 
of any combination of HAP. The HAP that would be controlled with 
today's proposal are associated with a variety of adverse health 
effects. Adverse health effects associated with HAP include chronic 
health disorders (e.g., cancer, aplastic anemia, pulmonary (lung) 
structural changes), and acute health

[[Page 55180]]

disorders (e.g., dyspnea (difficulty in breathing), and neurotoxic 
effects.
    The EPA chose to regulate the AR production, AMF production, HF 
production, and PC production source categories under one subpart to 
streamline the regulatory burden associated with the development of 
separate rulemaking packages. All of these source categories have 5 or 
fewer major sources that would be subject to the standards proposed 
with today's notice. This subpart will be referred to as the ``generic 
MACT standards'' subpart. The generic MACT standards subpart has been 
structured to allow source categories with similar emission points and 
MACT control requirements to be covered under one subpart.

B. Technical Basis for the Generic MACT Standards

    Section 112 of the Act regulates stationary sources of HAP. Section 
112(b) (as amended) of the Act lists 188 chemicals, compounds, or 
groups of chemicals as HAP. The EPA has been directed by section 112 to 
regulate the emission of HAP from stationary sources by establishing 
national emission standards.
    Section 112(a)(1) of the Act defines a major source as:

* * * any stationary source or group of stationary sources located 
within a contiguous area and under common control that emits or has 
the potential-to-emit, considering controls, in the aggregate 10 
tons per year (tpy) or more of any HAP or 25 tpy or more of any 
combination of HAP.

    The statute requires the EPA to establish standards to reflect the 
maximum degree of reduction in HAP emissions through application of 
MACT for major sources on the EPA's list of categories scheduled for 
regulation under section 112(c)(1) of the Act. The EPA is required to 
establish standards that are no less stringent than the level of 
control defined under section 112(d)(3) of the Act (this minimal level 
of control is referred to as the ``MACT floor.''
    For new sources, the maximum degree of reduction in emissions

shall not be less stringent than the emission control that is 
achieved in practice by the best controlled similar source, as 
determined by the Administrator.

The EPA defines a similar source as a source that has comparable 
emissions, and a design and capacity structure, such that emissions 
from that source can be controlled using the same control technology as 
applied to the given source.
    For existing sources in the same category or subcategory, standards 
may be less stringent than standards for new sources in the same 
category or subcategory but shall not be less stringent, and may be 
more stringent than

the average emission limitation achieved by the best performing 12 
percent of the existing sources (for which the Administrator has 
emissions information) * * * in the category or subcategory for 
categories or subcategories with 30 or more sources, or * * * the 
average emission limitation achieved by the best performing 5 
sources (for which the Administrator has or could reasonably obtain 
emissions information) in the category or subcategory for categories 
or subcategories with fewer than 30 sources.

    The following approach was used to collect and evaluate information 
pertaining to the proposed MACT for the AR production, AMF production, 
HF production, and PC production source categories:
    1. Established a stakeholder group consisting of representatives of 
the affected industries, State and local agencies, and other interested 
parties (e.g., environmental groups, EPA).
    2. Assembled available information from previous studies within the 
Agency and from the affected industries on the source category.
    3. Collected additional information (e.g., site visits, existing 
State regulations) on the source category, as necessary, for 
determining baseline HAP emissions and existing emissions control.
    4. Determined the affected source, control applicability criteria, 
and MACT for the source category. The MACT for an individual source 
category was determined based on available information on existing 
emissions control that applies to (1) sources within the source 
category, and (2) similar sources for which standards have been 
promulgated outside the source category (where practical).
    Section III of this notice presents the EPA's proposed rationale 
for and summary of the EPA's proposed approach for determining MACT for 
source categories with a limited population of sources. Discussion on 
the EPA's rationale for, and determination of, MACT under the generic 
MACT standards for the AR production, AMF production, HF production, 
and PC production source categories is presented in section VII of this 
notice.

C. Stakeholder and Public Participation

    Representatives of the AR production, AMF production, HF 
production, and PC production industries; environmental groups; State 
and local agencies; and the EPA were consulted in the development of 
the proposed standards. Industry representatives were asked to assist 
in data gathering, arranging site visits, and technical review. 
Documentation for stakeholder and public participation for the AR 
production, AMF production, HF production and PC production standards 
is included in the docket for the proposed standards (Docket No. A-97-
17). Source category-specific supporting information is maintained 
within dockets established for each of these source categories (see 
ADDRESSES). These dockets are cross referenced by the generic MACT 
standards docket.
    Representatives from other EPA offices and programs were included 
in the regulatory development process. These representatives' 
responsibilities included the review of the proposed standards. Their 
involvement ensures that the impacts of the proposed standards to other 
EPA offices and programs are adequately considered during the 
development process.
    Additionally, this notice solicits comment on the proposed 
standards and offers a chance for a public hearing on the proposal (see 
ADDRESSES section) in order to provide interested persons the 
opportunity for oral presentation of data, views, or arguments 
concerning the proposed standards and the generic MACT approach.

II. Source Category List

    Acetal resins production, AMF production, HF production, and PC 
production are included in the EPA's list of categories of major 
sources of HAP emissions established under section 112(c)(1) of the 
Act. The initial list was published on July 16, 1992 (57 FR 31576). An 
update of the list was published on June 4, 1996 (61 FR 28202). Each of 
these source categories have 5 or fewer sources (i.e., plants) and are, 
with this proposal, the first source categories proposed to be 
regulated under the proposed generic MACT standards. The documentation 
supporting the initial listing of these source categories is entitled 
``Documentation for Developing the Initial Source Category List,'' EPA-
450/3-91-030, July 1992. A description of each of these source 
categories follows.

1. Acetal Resins Production Source Category

    The AR production source category includes any facility which 
manufactures homo polymers and/or copolymers of alternating 
oxymethylene units. Acetal resins are also known as polyoxymethylenes, 
polyacetals, and aldehyde resins. They are generally produced by 
polymerizing

[[Page 55181]]

formaldehyde (HCHO) with the methylene functional group (CH2) and are 
characterized by repeating oxymethylene units (CH20) in the polymer 
backbone. There are currently 3 plants operating in the United States.

2. Acrylic and Modacrylic Fibers Production Source Category

    The AMF production source category includes any facility engaged in 
the production of either of the following synthetic fibers composed of 
AN:
    (1) Acrylic fiber in which the fiber-forming substance is any long-
chain synthetic polymer composed of at least 85 percent by weight of AN 
units; or
    (2) Modacrylic fiber in which the fiber-forming substance is any 
long-chain synthetic polymer composed of at least 35 percent but less 
than 85 percent by weight of AN units. There are currently 4 plants 
operating in the United States.

3. Hydrogen Fluoride Production Source Category

    The HF production source category includes any facility engaged in 
the production and recovery of HF by reacting calcium fluoride with 
sulfuric acid. For the purpose of the proposed standards, HF production 
does not include any process that produces gaseous HF for direct 
reaction with hydrated aluminum to form aluminum fluoride. In these 
processes, HF is not recovered as an intermediate or final product 
prior to reacting with the hydrated aluminum. Facilities utilizing 
these processes will be regulated under a separate MACT standard.
    There are currently 2 HF production plants operating in the United 
States, only one of which will be affected by this rule. A third HF 
plant has been indefinitely ``mothballed'' (shut down but not 
dismantled, with the possibility of resuming production in the future).

4. Polycarbonates Production Source Category

    The PC production source category includes any facility engaged in 
the production of a special class of polyester formed from any 
dihydroxy compound and any carbonate diester or by ester exchange. 
Polycarbonates may be produced by solution or emulsion polymerization, 
although other methods may be used. A typical method for the 
manufacture of PC includes the reaction of bisphenol-A with phosgene in 
the presence of pyridine to form PC. Methylene chloride is used as a 
solvent in this polymerization reaction. There are currently 5 plants 
operating in the United States.
    Additional source categories that are scheduled for regulation no 
later than November 15, 2000 that the EPA has identified as having 5 or 
fewer sources include the following:

1. Alumina processing
2. Ammonium sulfate production
3. Antimony oxides manufacturing
4. Asphalt/coal tar application--metal pipes
5. Carbonyl sulfide (COS) production via carbon disulfide
6. Carboxymethylcellulose production
7. Cellophane production
8. Cellulose ethers production
9. Chromium refractories production
10. Fume silica production
11. Methylcellulose production
12. Primary magnesium refining
13. Rayon production
14. Spandex production
15. Steel foundries
16. Uranium hexafluoride production

    The EPA believes that there is a potential for many more of the 
source categories scheduled for regulation no later than November 15, 
2000 to have a limited number (5 or fewer) of major sources because of 
the existence of synthetic minor and area HAP sources. Identification 
of such source categories would be made when the initial data 
collection and analysis is conducted for an individual source category 
during the ``presumptive MACT'' (discussed below) process and/or in the 
information gathering and analyses stage of MACT development. Source 
categories determined by the EPA to include a limited number (5 or 
fewer) major sources will be evaluated by the EPA according to the 
criteria described below, to determine whether or not each source 
category is considered to be an appropriate candidate for assimilation 
in generic MACT standards.
    If a listed source category on the EPA's source category list for 
regulation is not promulgated by the scheduled date for a given source 
category, section 112(j)(2) requires major sources of HAP to apply for 
a permit (in States with approved permit programs) within 18 months and 
comply with emissions limitations equivalent to MACT. Section 112(g) 
requires compliance with MACT on a case-by-case basis for major new 
sources and source modifications when no national MACT standard has 
been set by the EPA. In such cases, State and local permitting 
authorities are required to make case-by-case MACT determinations. 
Presumptive MACT is an estimate made within a limited timeframe based 
on a review of available information of what the proposed MACT standard 
would be, and is intended to assist State and local permitting 
authorities in making a possible case-by-case MACT determination.

III. Basis for Generic MACT Approach

    In order to fulfill the requirements of the Act, the EPA is 
required to develop standards that reflect the maximum degree of 
reduction in HAP emissions through the application of MACT for major 
sources. For new sources, the EPA is required to establish standards 
that are no less stringent than the emission control that is achieved 
in practice by the best controlled similar source (referred to as the 
``MACT floor'' for new sources). For existing sources, the EPA is 
required to establish standards that are no less stringent than the 
average emission limitation achieved by the best performing 12 percent 
of the existing sources in a category or subcategory with 30 or more 
sources, or the average emission limitation achieved by the best 
performing 5 sources in a category or subcategory with fewer than 30 
sources (referred to as the ``MACT floor'' for existing sources).
    The statute is somewhat ambiguous with respect to the process for 
derivation of a MACT floor for existing sources in those instances 
where the source category in question has fewer than five major 
sources. In prior rulemakings, the EPA has derived a MACT floor for 
categories with fewer than five sources directly, by determining the 
average emission limitation achieved by all sources in the category. 
However, while this approach to determining compliance with the MACT 
floor is clearly permissible, the EPA believes that derivation of a 
MACT floor in this manner for small source categories will generally be 
superfluous and uninformative with respect to the ultimate 
determination of MACT itself. This is especially true in those 
instances where the sources to be controlled are essentially the same 
types of sources repeatedly evaluated by the EPA as part of the 
development of previous MACT standards. In order to conserve limited 
EPA resources, avoid duplication of effort, and encourage consistency 
in its regulatory determinations, the EPA is now proposing to establish 
an alternative generic process for determining MACT for certain small 
source categories. This process will focus primarily on extension of 
prior MACT determinations to additional categories and determine 
compliance with MACT floor requirements by logical inference rather 
than a separate quantitative analysis.

[[Page 55182]]

A. Background

    Of 93 source categories on the EPA source category list for which 
standards have not yet been developed, 17 have been identified as 
having 5 or fewer major sources. The tight schedule for establishing 
MACT standards for 93 source categories no later than November 15, 2000 
has required the EPA to assess and implement different approaches to 
streamline regulatory development efforts while continuing to meet the 
objectives of the Act. For example, 20 source categories have been 
combined for regulation under one rulemaking (i.e., the Miscellaneous 
Organic NESHAP), and source categories with similar emission points and 
characteristics have been assimilated with others (e.g., the 
dodecanedioic acid production source category has been assimilated 
under the Hazardous Organic NESHAP).
    Under the statutory process, even after a MACT floor has been 
determined, the EPA must consider control options more stringent than 
the floor. When considering control requirements beyond the floor, the 
EPA evaluates the relative cost of achieving different levels of 
emissions reductions, non-air quality health and environmental impacts, 
and the energy requirements of the controls. The objective of this 
consideration is to achieve the maximum degree of emission reduction 
without imposing unreasonable economic or other impacts.
    In deciding what level of emission control constitutes MACT for a 
particular source category, the EPA is not limited solely to evaluation 
of the sources in that category. Rather, the EPA will consider its 
prior experience in deriving MACT requirements for similar types of 
sources in other categories. The more limited the population of sources 
in a category, the less likely that such sources will be fully 
representative of the range of reasonably available emission control 
technologies and strategies. Furthermore, in a larger source category, 
the statutory MACT floor determination is based on a subset of the 
sources in the category which is deliberately skewed toward greater 
control. Thus, the smaller the source category, the lower the 
likelihood that a MACT floor determined within the category will be 
useful or informative with respect to the determination of MACT itself.
    For example, averaging the HAP emission control level achieved by 
one well-controlled source (e.g., vented to a control device achieving 
a HAP emission reduction of 95 percent by weight) with two uncontrolled 
sources (i.e., HAP emission reduction efficiency of zero percent by 
weight) would result in an average HAP emission control reduction level 
of approximately 32 percent by weight. This calculated ``average'' HAP 
emission control level is clearly below the HAP emission control level 
already demonstrated by a source in the source category, and is clearly 
not indicative of MACT for the source type. Selection of the median 
facility of the three, which is uncontrolled, would also have little 
relevance to the determination of MACT itself. Even if the EPA were to 
declare that the MACT floor is no control, the EPA would then be 
required to undertake a separate MACT analysis based on the general 
practicality of the control achieved at the well-controlled source as 
well as similar sources outside of the category.

B. Rationale

    From the above discussion, it is apparent that, as a practical 
matter, the statutory safeguard of the MACT floor becomes less and less 
relevant to MACT itself as the size of a source category declines. 
Given the large number of small source categories scheduled for 
standard development and the limited time remaining, the EPA would like 
to focus its resources on the most relevant issues. Therefore, the 
Agency has attempted to develop a policy for small source categories 
which identifies and recognizes those instances where a separate MACT 
floor analysis is unnecessary and compliance of the overall MACT 
standard with the MACT floor limitation may be reasonably inferred.
    There are two basic scenarios where the EPA can reasonably infer as 
part of establishing MACT that MACT floor requirements have been 
satisfied. First, when the EPA intends to select a MACT standard that 
coincides with the level of control achieved by the best controlled 
source(s) in a category, it is self-evident that the MACT floor has 
been met, and it is clearly a waste of EPA resources to undertake a 
separate quantitative MACT floor analysis based, in part, on control 
levels at the less well controlled facilities. This common sense 
principle is equally applicable to both small and large source 
categories.
    Second, in those instances where the EPA will base its MACT 
standard for a small category (five or fewer sources) on MACT standards 
previously established for a larger group of demonstrably similar 
sources in other categories, it is also reasonable to infer MACT floor 
compliance without the need for a detailed new analysis. In each of the 
prior standards, the EPA will have selected a MACT standard requiring 
control equal to or greater than the MACT floor, and each of those MACT 
floors will, in turn, have been derived from a subset of the category 
consisting of the best-controlled facilities. Unless there is something 
about the nature of the sources in the small category that undercuts 
the basic premise that it is similar to the larger group of previously 
regulated sources, it is extremely implausible that the average control 
achieved by the small group of sources would be better than the MACT 
standards previously derived from the larger universe of similar 
sources.
    If the EPA adopts objective criteria for assessing the similarity 
of sources in a small category to the larger group of sources upon 
which its generic MACT standards are based, and conducts a separate 
MACT analysis rather than adopting a generic standard whenever sources 
in the small category in question are shown to have achieved greater 
control or to be otherwise dissimilar, the EPA believes that the 
adoption of generic MACT standards will generally comport with 
statutory requirement.
    It is apparent that a process that applies generically derived MACT 
requirements to small groups of sources that are similar in character 
to the larger groups of sources from which the generic standards were 
derived will conserve resources and will foster regulatory 
predictability and consistency. For the reasons explained above, the 
EPA believes that MACT standards derived in this manner will also 
comply with any applicable MACT floor and otherwise meet statutory 
requirements. Although such a conclusion is logical, the EPA decided 
that it would be useful to test this conclusion by comparing the 
results likely under this alternative approach with actual standards 
promulgated in the past.
    In order to do this, the EPA reviewed and evaluated MACT standards 
promulgated as of March of 1998 that regulated source categories or 
source subcategories with 5 or fewer major sources. The EPA's review 
and evaluation supports the EPA's position that the control level 
established using the proposed alternative MACT determination approach 
would parallel the control level that would be established under the 
conventional MACT determination approach (refer to Docket No. A-97-17, 
Item No. II-B-7).
    Although the EPA believes it is sensible to address small source 
categories through application of generic standards derived from EPA 
experience in setting prior standards,

[[Page 55183]]

the EPA will not automatically utilize a generic standard approach for 
all small categories. If the EPA determines that the sources in a 
particular small source category are demonstrably different in a 
material way, a generic approach will not be utilized in that instance. 
Factors that could cause the EPA to determine that a source category is 
not an appropriate candidate for generic MACT include, but are not 
limited to, the following: sources in the small category are dissimilar 
from the types of sources addressed by generic standards, factors 
specific to the sources in question significantly reduce or increase 
the practicality of the specified generic emission controls, the 
sources present unusual hazards of the sort that may have affected 
development of existing control strategies, or the sources have already 
achieved emission limitations greater than anticipated generic 
standards.
    The EPA will determine the appropriateness of assimilating a 
particular small source category into its generic standards on a case-
by-case basis. Moreover, as will be apparent from the discussion below, 
the EPA intends to establish a process that will enable early 
identification of any factors that make a small category inappropriate 
for inclusion in generic MACT.

C. Description of Alternative Approach

    Under the EPA's proposed alternative MACT determination approach 
for source categories with 5 or fewer major sources, MACT would be 
established based on (1) sources within the category, and (2) similar 
sources for which standards have been promulgated outside the source 
category. In developing a streamlined approach for establishing MACT 
when a source category has a limited population of major sources, the 
EPA acknowledged that the following legal and procedural issues needed 
to be addressed:
    1. The approach needed to fulfill the Act's intent of establishing 
MACT.
    2. The approach needed to allow the EPA to establish specific 
enforceable standards.
    3. The approach needed to allow the EPA to develop appropriate 
monitoring, recordkeeping, and reporting requirements.
    4. The approach needed to include procedural steps to ensure 
appropriate decision making, and input from stakeholders.
    The EPA's proposed basic approach for determining MACT for source 
categories with a limited population of major sources involves the 
following:
    1. Establishment of a stakeholder group that consists of 
representatives of the affected industries, State and local agencies, 
and other interested parties (e.g., environmental groups, the EPA 
Regional Offices).
    2. Assembly of available information from previous studies within 
the Agency and from the affected industries on the source category.
    3. Collection of additional information (e.g., site visits, 
existing State regulations) on the source category, as necessary, for 
determining baseline HAP emissions and existing emissions control.
    4. Determination of the affected source, control applicability 
criteria, and MACT for an individual source category based on available 
information on existing emissions control that applies to (1) sources 
within the category, and (2) similar sources for which standards have 
been promulgated outside the source category (where practical and there 
is consensus among the stakeholders).
    The EPA chose the presumptive MACT process as the starting point 
for the alternative MACT determination because sufficient information 
would be available in the process to do an initial screening of small 
major HAP source categories (sources with five or fewer major HAP 
sources) to determine the appropriateness of MACT based on the 
alternative MACT determination approach (e.g., identification of source 
category as a category with a limited number of major sources; 
identification of HAP emission points, characteristics, and waste 
streams). If the EPA decides that the alternative MACT determination 
approach is appropriate, it will be implemented for that source 
category and standards for that source category would be assimilated 
under the generic MACT standards subpart. If it is decided that it is 
not appropriate to determine MACT for the source category based on the 
EPA's alternative approach, the conventional MACT determination process 
will be utilized. Under the latter scenario, the source category-
specific MACT standards may be assimilated under the generic MACT 
standards subpart or placed in a separate subpart.
    Based on the EPA's establishment of previously-promulgated MACT 
standards, the determination of MACT generally consists of two basic 
components: an ``applicability'' criteria component and a ``control 
requirement'' component. The applicability component consists of 
identifying and determining the HAP emission points within the source 
category that can and have been controlled by emission control 
technologies. The control requirement component is identified and 
determined by the emission control technology (or emission reduction) 
that should be applied to a selected source to achieve the maximum 
degree of reduction in HAP emissions (taking into consideration the 
factors specified in the Act).
    The approach used to determine the applicability component for 
existing and new source MACT is independent of the total number or 
sources in the source category. This component of MACT is determined 
based on the characteristics specific to an individual source category 
(e.g., the type and quantity of HAP, size of storage vessel). 
Therefore, under the EPA's proposed alternative MACT determination 
approach, the EPA would determine the applicability component of MACT 
on a source category-specific basis, which would parallel what has been 
implemented for previously-promulgated NESHAP. For example, a small 
fixed roof storage vessel containing a HAP with a low vapor pressure or 
at a low concentration may not be a significant source of HAP emissions 
warranting additional emissions control. In such cases, control 
requirement applicability would be established for the source 
category's storage vessels that would acknowledge low-emitting storage 
vessels by exempting them from additional control, monitoring, 
recordkeeping, and reporting requirements.
    The proposed alternative approach would establish the control 
requirement component based on MACT determinations made by the EPA 
under previously-promulgated NESHAP for emission point types sharing 
similar pollutant stream characteristics (e.g., organic HAP emissions 
from storage vessels, process vents, wastewater treatment systems, bulk 
organic liquid transfer loading racks, fugitive emissions from pump and 
valve leaks).
    Under the proposed approach, the EPA would consider the following 
factors when determining whether it is appropriate to adopt generic 
control or source reduction technologies demonstrated outside of an 
applicable source category: (1) The volume and concentration of 
emissions, (2) the type of emissions, (3) the similarity of emission 
points, (4) the cost and effectiveness of controls for one source 
category relative to the cost and effectiveness of controls for the 
other source category, (5) whether a source has unusual characteristics 
that might require more or less stringent controls, and (6) whether any 
of the sources have existing emission controls that are

[[Page 55184]]

dissimilar and more stringent than controls required for similar 
sources outside the source category. These factors would be considered 
on a source category-specific basis in order to ensure that sources are 
appropriately similar, and that emissions control technologies and 
reductions demonstrated outside of a source category are achievable for 
new and existing sources in an applicable source category. The proposed 
alternative MACT determination approach would enable the EPA to 
determine MACT considering MACT determinations made by the EPA under 
previously-promulgated NESHAP for similar HAP emission point and source 
types sharing similar pollutant stream characteristics.
    To assist in the implementation of the EPA's proposed alternative 
MACT determination approach, the EPA identified control technologies 
used in previously-promulgated NESHAP that establish standards specific 
to a common group of sources or emission points types (see Docket No. 
A-97-17, Item No. II-B-8). The control requirements selected for an 
emission point, and control or recovery equipment type are referred to 
hereafter as ``common control requirements.''
    For example, at least seven MACT standards have been promulgated by 
the EPA for individual source categories that establish specific air 
emission control requirements for vessels storing liquids and other 
materials containing organic HAP (40 CFR 63 subparts G, R, U, CC, DD, 
EE, and JJJ). The EPA believes that it is reasonable to group the HAP 
storage vessels represented by these MACT determinations under a single 
emission point type because, regardless of the type of production 
process or operation with which the storage vessels are associated, the 
storage vessels have similar emission mechanisms and control 
technologies.
    Organic HAP emissions from fixed-roof storage vessels are generated 
by the same emission mechanisms (e.g., breathing losses resulting from 
diurnal changes in ambient temperature, displacement of head space 
vapors when filling the storage vessel). The quantity of emissions from 
a storage vessel is a function of the same characteristic properties 
(e.g., organic vapor pressure) of the material stored in other vessels 
containing organic HAP. Similarly, the same control technology options 
are applicable to reducing the air emissions from fixed-roof storage 
vessels (e.g., retrofitting internal floating roofs, or venting vapors 
to a control device). Thus, the EPA believes that it is reasonable to 
apply a common set of control requirements, defined by existing MACT 
standards, to storage vessels sharing similar characteristics, 
regardless of the individual source category in which a storage vessel 
may be designated as an affected source. Following this rationale, 
common control requirements can be selected for other types of HAP 
emission points that share similar HAP emission characteristics.
    As with previously-promulgated NESHAP and this proposal, the 
rationale for each MACT determination made for a small category 
pursuant to the alternative methodology would be presented in the 
preamble at the time of proposal and opportunity for comment given. 
Additionally, the costs, economical, and other impacts would be 
assessed to ensure that unreasonable impacts do not result from the 
implementation of the proposed MACT. The EPA is soliciting comment on 
the proposed generic MACT program and approach with this proposal (see 
section XII.A of the preamble).

IV. Summary of Proposed Standards

    The proposed standards for AR production, AMF production, HF 
production, and PC production include requirements that reflect 
existing emission point control requirements for similar sources, 
requirements that are source category-specific, and requirements that 
would apply to all source categories that are regulated under the 
generic MACT standards subpart (e.g., general recordkeeping, reporting, 
compliance, operation, and maintenance requirements). Section IV.A of 
this preamble presents the generic MACT standards subpart structure, 
and sections IV.B through IV.E present a summary of the proposed 
standards applicable for each of the source categories being 
assimilated under the generic MACT standards with this proposal.
    The proposed standards apply to process units and emission points 
that are part of a plant site that is a major source as defined in 
section 112 of the Act. The applicability section of the regulation 
specifies what source categories are being assimilated under the 
generic MACT standards with this proposal and defines the emission 
points subject to the proposed standards.

A. Generic MACT Standards Structure

    The following discussion presents a summary of the structure of the 
proposed generic MACT standards.
    1. Applicability. The proposed generic MACT standards have been 
structured to allow source categories with similar emission points and 
MACT control requirements to be covered under one subpart. The 
applicability section specifies the source categories and affected 
source for each of the source categories subject to the generic MACT 
standards. This section also clarifies the applicability of certain 
emission point provisions for which both the generic MACT standards 
subpart and other existing Federal regulations might apply.
    2. Definitions. The definitions section specifies definitions that 
apply across source categories.
    3. Compliance schedule. The compliance schedule section provides 
compliance dates for new and existing sources.
    4. Source category-specific applicability, definitions, and 
standards. The source category-specific applicability, definitions and 
standards section specifies the definitions, and standards that apply 
to an affected source based on applicability criteria, for each source 
category.
    5. Applicability determination procedures and methods. The 
applicability determination procedures and methods section provides 
procedures for an owner or operator of an affected source to follow 
when determining control requirements under the standard applicability 
section of the rule. Standard applicability determination procedures 
(as applicable) are footnoted in the standard requirement applicability 
tables specified for each source category.
    6. Generic standards and procedures for approval for an alternative 
means of emissions limitation. The remaining sections of the proposed 
rule contain provisions that would apply across source categories 
within the generic MACT subpart. These provisions include generic 
compliance, maintenance, monitoring, recordkeeping, and reporting 
requirements. An alternative means of emission limitation to the 
design, operational, work practice, or equipment standards specified 
for each source category within the generic MACT subpart may also be 
established as provided in Sec. 63.1113 of 40 CFR Part 63, subpart YY 
(Generic MACT Standards).

B. Acetal Resins Production Standards

    The AR production standard consists of standards that regulate HAP 
emissions from storage vessels storing process feed materials, process 
vents, process wastewater treatment systems, and equipment leaks from 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves,

[[Page 55185]]

connectors, and instrumentation systems. Requirements would be the same 
for both existing and new sources.
    Storage vessels. Storage vessels with specified sizes that store 
materials with specified vapor pressures would be required to control 
HAP emissions by using an external floating roof equipped with 
specified primary and secondary seals; by using a fixed roof with an 
internal floating roof equipped with specified seals; or by covering 
and venting emissions through a closed vent system to one of the 
following:
    1. A recovery device or an enclosed combustion device that achieves 
a HAP control efficiency 95 percent.
    2. A flare.
    Process vents from continuous unit operations (back end and front 
end process vents). Front end process vents would be required to 
control HAP or TOC emissions by venting emissions through a closed vent 
system to a flare, or venting emissions through a closed vent system to 
any combination of control devices that reduces emissions of HAP or TOC 
by 60 percent by weight or to a concentration of 20 parts per million 
by volume (ppmv), whichever is less stringent. Back end process vents 
with a total resource effectiveness index value (TRE) less than 1.0 
would be required to control HAP or TOC emissions by venting emissions 
through a closed vent system to a flare, or venting emissions through a 
closed vent system to any combination of control devices that reduces 
emissions of HAP or TOC by 98 percent by weight or to a concentration 
of 20 parts per million by volume (ppmv), whichever is less stringent; 
or by achieving and maintaining a TRE index value greater than 1.0.
    Wastewater treatment systems. Process wastewater treatment systems 
with wastewater streams with an average HAP concentration 
10,000 parts per million by weight (ppmw) at any flow rate, 
or an average HAP concentration 1,000 ppmw and an annual 
average flowrate 10 liters per minute would be required to 
control HAP emissions by covering (e.g., with a floating roof cover, or 
a floating membrane cover), and venting emissions through a closed vent 
system to one of the recovery or control devices specified for control 
of emissions from storage vessels. For individual drain systems, an 
owner or operator also has the option of using hard-piping to control 
HAP emissions.
    Equipment leaks. For equipment containing or contacting HAP in 
amounts 5 percent, HAP emissions would be required to be 
controlled through the implementation of a leak detection and repair 
(LDAR) program for affected equipment.

C. Acrylic and Modacrylic Fibers Production Standards

    The AMF production standards consist of standards that regulate AN 
emissions from storage vessels storing process feed materials, process 
vents, fiber spinning lines, process wastewater treatment systems; and 
equipment leaks from compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, or instrumentation systems. Requirements for individual 
sources would be the same for both existing and new sources.
    As an alternative to these individual source requirements, an owner 
or operator of an affected AMF production facility can comply with the 
rule by controlling facility-wide AN emissions (not including equipment 
leaks as identified above) to a level such that emissions do not exceed 
0.5 kilograms of AN per megagram (Mg) of fiber produced (1.0 pound AN 
per ton of fiber produced) for existing sources, and 0.25 kilograms of 
AN per Mg of fiber produced (0.5 pounds AN per ton of fiber produced) 
for new sources.
    Storage vessels. Storage vessel emissions storing process feed 
material would be required to control AN emissions by using an external 
floating roof equipped with specified primary and secondary seals; 
using a fixed roof with an internal floating roof equipped with 
specified seals; or by venting emissions through a closed vent system 
to one of the following:
    1. A recovery device that achieves a HAP control efficiency 
95 percent;
    2. An enclosed combustion control device that achieves a HAP 
control efficiency 98 percent; or
    3. A flare that meets the EPA design and operation specifications 
of 40 CFR 60.18.
    Process vents from continuous unit operations. Process vents with 
vent streams with an average flow rate  0.005 cubic meters 
per minute and a AN concentration 50 ppmv would be required 
to control HAP emissions by venting vapors through a closed vent system 
to a recovery or control device that reduces emissions of HAP or TOC by 
95 or 98 percent by weight or to a concentration of 20 ppmv, whichever 
is less stringent. If the controlled vent stream is halogenated, 
emissions are required to be vented to a halogen reduction device that 
reduces hydrogen halides and halogens by 99 percent by weight or to 
less than 0.45 kg/hr either prior to or after (other than by using a 
flare) reducing the HAP or TOC by 98 percent by weight.
    Fiber spinning lines. Fiber spinning lines using spinning solution 
or spin dope with an AN concentration 100 parts per million 
(ppm) are required to reduce AN emissions by 85 percent by weight or 
more by enclosing the spinning and washing areas of the spinning line 
and venting to a control and/or recovery device.
    Wastewater treatment systems. Process wastewater treatment systems 
with an annual average AN concentration 10,000 ppmw at any 
flow rate, or an annual average AN concentration 1,000 ppmw 
and an annual average flowrate 10 liters per minute would be 
required to control HAP emissions from those units managing wastewater 
by covering (e.g., with a floating roof cover, or a floating membrane 
cover), and venting through a closed vent system to one of the recovery 
or control devices specified for control of emissions from storage 
vessels. For individual drain systems, an owner or operator also has 
the option of using hard-piping to control HAP emissions.
    Equipment leaks. For equipment containing or contacting AN in 
amounts 10 percent by weight, HAP emissions would be 
required to be controlled through the implementation of a LDAR program 
for affected equipment.

D. Hydrogen Fluoride Production Standards

    The HF production standards consist of standards that regulate HAP 
emissions from storage vessels; process vents on HF recovery and 
refining vessels; bulk loading of HF liquid into tank trucks and 
railcars; kilns used to react calcium fluoride with sulfuric acid; and 
equipment leaks from compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, or instrumentation systems. Requirements would be the same 
for both existing and new sources.
    Storage vessels and transfer racks. Storage vessels and transfer 
loading racks would be required to control HF emissions by venting to a 
recovery system or wet scrubber that achieves a 99 percent by weight 
removal efficiency.
    Process vents from continuous unit operations. Process vents for HF 
recovery and refining would be required to control HF emissions by 
venting emissions to a wet scrubber that achieves a 99 percent by 
weight HF removal efficiency.

[[Page 55186]]

    Kilns. Kilns used to react calcium fluoride with sulfuric acid 
would be required to capture HF emissions and vent emissions to a wet 
scrubber that achieves a 99 percent by weight HF removal efficiency 
during emergencies.
    Equipment leaks. All equipment leaks would be controlled through a 
LDAR program.

E. Polycarbonates Production Standards

    The PC production standards consist of standards that regulate HAP 
emissions from process vents from batch and continuous unit operations, 
storage vessels, process wastewater treatment systems, and equipment 
leaks from compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, and 
instrumentation systems that are not already subject to the hazardous 
organic NESHAP (HON). Different requirements and applicability criteria 
apply for existing and new sources.
    Storage vessels. Storage vessels with specified sizes that store 
materials with specified vapor pressures would be required to control 
HAP emissions by using an external floating roof equipped with 
specified primary and secondary seals; by using a fixed roof with an 
internal floating roof equipped with specified seals; or by covering 
and venting emissions through a closed vent system to any of the 
following control devices:
    1. A recovery device that achieves a HAP control efficiency 
95 percent;
    2. An enclosed combustion control device that achieves a HAP 
control efficiency 95 or 98 percent (depending on the vapor 
pressure of contained liquid and storage vessel size); or
     3. A flare.

Some vessels must use a closed vent system and recovery or control 
device, based on vessel size dn the vapor pressure of the stored 
material.
    Process vents from batch unit operations. Process vents from batch 
unit operations that emit 11,800 kilograms or more per year (kg/yr) of 
HAP, and that have a vent stream flow rate less than the cutoff flow 
rate, are required to control emissions from process vents by an 
aggregated 90 percent by weight or to a TOC concentration of 20 ppmv 
per batch cycle.
    Wastewater treatment systems at existing sources. Process 
wastewater treatment systems with wastewater streams with an average 
HAP concentration 10,000 ppmw at any flow rate, or with an 
average annual HAP concentration 1,000 ppmw and an annual 
average flowrate 10 liters per minute would be required to 
control HAP emissions by covering (e.g., with a floating roof cover, or 
a floating membrane cover), and venting emissions through a closed vent 
system to one of the recovery or control devices specified for control 
of emissions from storage vessels. For individual drain systems, an 
owner or operator also has the option of using hard-piping to control 
HAP emissions.
    Equipment leaks. For equipment containing or contacting HAP in 
amounts 5 percent, HAP emissions would be required to be 
controlled through the implementation of an LDAR program for affected 
equipment.

V. Summary of Environmental, Energy, Cost, and Economic Impacts

    In the decision process for determining MACT for an individual 
source category, the EPA and stakeholder group members (as applicable) 
consider the cost of achieving MACT and associated emissions 
reductions, and any nonair quality health and environmental impacts and 
energy requirements.
    Impacts are determined relative to the baseline that is set at the 
level of control in absence of the rule. Environmental impacts from the 
application of the control or recovery devices proposed for the subject 
source categories include the reduction of HAP and VOC emissions, 
increases in other air pollutants, and decreases or increases in water 
pollution and solid waste. Although the intent of the proposed 
standards is to reduce HAP emissions, the control of organic HAP 
emissions would also result in the control of non-HAP and HAP VOC for 
the AR production, AMF production, and PC production source categories. 
There is a potential for a slight increase in emissions of CO and 
NOX resulting from the on-site combustion of fossil fuels as 
part of control device operations. Impacts for water pollution and 
solid waste, and increases in energy use from the use of control 
devices, would be negligible.
    The EPA believes that there would be minimal, if any, adverse 
environmental or energy impacts associated with the proposed standards 
for the AR production, AMF production, HF production, or PC production 
source categories. This belief is supported by previous impacts 
analyses associated with the application of the control and recovery 
devices that would be required under the proposed standards, and by the 
fact that each of these source categories have only 5 or fewer major 
sources.
    The cost and economic impacts of the proposed standards for the AR 
production, AMF production, HF production, and PC production source 
categories have been estimated by the EPA to be insignificant or 
minimal. The MACT cost and economic impacts supporting the EPA's 
conclusion for each of these source categories are presented in the 
economic analyses for each of these source categories. The economic 
analyses for each of these source categories can be obtained from the 
dockets established for these source categories (see ADDRESSES).

VI. Emission Point Common Control Requirements

    The EPA promulgated standard requirements for selected emission 
points (i.e., containers, surface impoundments, oil-water separators 
and organic-water separators, tanks, individual drain systems) in 
individual subparts under the Off Site Waste and Recovery NESHAP. This 
was done for ease of reference, administrative convenience, and as a 
step towards assuring consistency in the technical requirements of the 
air emission control requirements applied to similar emission points 
under different regulations. These subparts do not specify emissions 
reduction performance requirements or applicability cutoffs. Emissions 
reduction performance requirements and applicability cutoffs would be 
specified in the subpart that references these subparts.
    By establishing emission point and emissions control specific 
subparts, the generic MACT regulation (and other regulations) can 
reference a common set of design, operating, testing, inspection, 
monitoring, repair, recordkeeping, and reporting requirements for air 
emissions controls. This eliminates the potential for duplicative or 
conflicting technical requirements, and assures consistency of the air 
emission requirements applied to similar emission points. Creating 
emission point-specific subparts and a subpart for closed vent systems, 
control devices, and routing to a fuel gas system or process simplifies 
the amendment process and ensures that all regulations that cross 
reference the use of such subparts are amended in a consistent and 
timely manner. Additionally, a subset of these subparts can be cross 
referenced and exceptions can be made within the referencing subpart. 
Therefore, these subparts do not limit the flexibility to address 
source category-specific needs.
    The EPA reviewed the MACT determinations used for each of the 
NESHAP subparts promulgated for individual source categories prior to 
October 1996 under 40 CFR part 63. The

[[Page 55187]]

majority of these NESHAP regulate source categories having pollutant 
streams containing gaseous organic HAP. To date, NESHAP for a few 
source categories have been promulgated to control emissions of 
specific metals listed as HAP or particulate matter containing HAP. 
Thus, the EPA decided to focus initially on the selection of control 
requirements for source types emitting gaseous organic HAP.
    In a number of cases, standards have been established by the EPA 
under NESHAP for different source categories that regulate organic HAP 
emissions from the same emission point type, such as storage vessels 
storing volatile organic liquids, process vent gas streams, leaks from 
equipment components used in organic liquid service. Thus, MACT 
determinations that the EPA has made for these NESHAP rulemakings can 
be grouped together by HAP emission point types having similar 
pollutant stream characteristics.
    The EPA has identified the following individual emission point 
types for which specific standards have been established under more 
than one NESHAP: storage vessels, process vents, bulk organic liquid 
transfer loading operations, equipment leaks, and containers. In 
addition, a number of the existing NESHAP address organic HAP emissions 
from individual drain systems, wastewater storage vessels, oil and 
water separators, and surface impoundments collectively under standards 
related to the collection and treatment of wastewater containing 
organics. Therefore, the EPA decided that it is appropriate to group 
these emission points together in a single emission point category 
called ``organic wastewater treatment facilities.''
    Common control requirements selected by the EPA for specific 
organic HAP emission point types and individual subparts are presented 
in table 1. Note that clarifying additions or improvements to 
previously-promulgated standards were made when developing the common 
control requirements. For example, 40 CFR Part 63, Subpart WW (National 
Emission Standards for Storage Vessels--Control Level 2) includes 
options for controlling emissions for slotted guidepoles. A complete 
description of the information upon which these common control 
requirement selections are based is presented in a technical memorandum 
available in the docket for this rulemaking No. A-97-17, Item No. II-B-
8).

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    Today's document proposes additional standard requirement subparts 
for equipment leaks (40 CFR part 63, subparts TT and UU), storage 
vessels (40 CFR part 63, subpart WW), and closed vent systems, control 
devices, recovery devices and routing to a fuel gas system or process 
(40 CFR part 63, subpart SS). As with the common control requirement 
subparts previously promulgated together with the Off Site Waste 
NESHAP, these subparts provide technical requirements only and do not 
specify applicability cutoffs or emissions reduction performance 
requirements. The EPA is soliciting comment on the proposed emission 
point-specific subparts, and closed vent system, control devices, and 
routing to a fuel gas system or process subpart with this proposal (see 
section XII.B of the preamble).

VII. Selection of MACT for Proposed Standards

    The MACT selection rationale for the AMF production, HF production, 
PC production, and AR production source categories is presented in the 
following sections. The control component of MACT for the AMF 
production source category affected source emission points was 
determined based on the generic MACT approach. The control component of 
MACT for the HF production source category affected source emission 
points was determined using the EPA's traditional MACT floor approach. 
The control component of MACT for the AR production source category 
affected source emission points was determined using the EPA's 
traditional MACT floor approach for front end process vents from 
continuous unit operations, and the generic MACT approach was used for 
determining MACT for back end process vents from continuous unit 
operations, wastewater facilities, and equipment leaks. The control 
component of MACT for the PC production source category affected source 
emission points was determined using the EPA's traditional MACT floor 
approach for storage vessels and process vents from continuous unit 
operations, and the generic MACT approach was used for determining MACT 
for process vents from batch unit operations, wastewater facilities, 
and equipment leaks.

A. MACT for Acrylic and Modacrylic Fiber Production

    The AMF fibers production source category consists of facilities 
engaged in the production of synthetic fibers composed of AN. Acrylic 
fibers are defined as a manufactured fiber in which the fiber-forming 
substance is any long chain synthetic polymer composed of at least 85 
percent by weight of AN units. Modacrylic fibers are composed of less 
than 85 percent but at least 35 percent by weight of AN units. Acrylic 
and modacrylic fibers are used to produce textile products and some 
types of carbon fibers.
    Four companies operate AMF production facilities in the United 
States. These facilities are located in Alabama, Florida, and South 
Carolina. Two of the AMF production facilities are part of textile 
manufacturing plants. The manufacture of textile products using AMF has 
undergone considerable contraction in the past decade (i.e., plant 
closings). The other two facilities are integrated with carbon fiber 
manufacturing plants. Carbon fiber manufacturing is a relatively new 
industry, having only been developed during the past decade, and 
appears to be an expanding industry.
    The principal HAP associated with the existing AMF plants is AN. 
Other HAP such as dimethylformamide, cyanide compounds, vinyl chloride, 
vinyl bromide, vinylidine chloride, or vinyl acetate may also be 
present in small quantities. These HAP are typically the comonomers 
used in the manufacture of acrylic polymer. Some of these pollutants 
are considered to be known or probable human carcinogens when inhaled, 
and can cause irreversible toxic effects following exposure. These 
effects include respiratory and skin irritation, various systemic 
effects including damage to the liver, blood, reproductive organs, and 
central nervous system, and in extreme cases, death.
    Acute (short-term) exposure to AN can cause low-grade anemia with 
elevated white blood cell counts, bluish skin color, kidney irritation, 
and severe burns to the skin from dermal exposure. Chronic exposure to 
AN can result in headaches, fatigue, nausea, and muscle weakness. AN 
has also been classified as a probable human carcinogen.
    Acute exposure to vinyl chloride through the air can result in 
affects to the central nervous system such as dizziness, headaches, and 
giddiness. Chronic exposure to vinyl chloride through inhalation and 
ingestion can cause ``vinyl chloride disease,'' which is characterized 
by liver damage, effects on the lungs, poor circulation in the fingers, 
changes in the bones at the end of the fingers, thickening of the skin, 
and changes in the blood. Vinyl chloride is classified as a human 
carcinogen.
    Acute exposure to vinyl acetate by inhalation leads to irritation 
of the eyes and upper respiratory tract. Chronic exposure to vinyl 
acetate through inhalation may result in respiratory irritation, cough, 
and hoarseness. The EPA has classified vinyl acetate as a possible 
human carcinogen.
    The production of AMF involves polymerization reaction processes 
(either solution or suspension polymerization), wet or dry solvent 
spinning, solvent recovery, and fiber processing (such as washing, 
stretching, crimping, drying). The sources of HAP emissions from these 
operations include: (1) Storage vessels used to store AN monomer and 
comonomers; (2) process vents on reactors, vessels, and storage vessels 
used for acrylic polymerization, monomer recovery, fiber spinning, and 
solvent recovery operations; (3) AMF spinning lines that are sources of 
process fugitive emissions from spinning or fiber processing 
operations; (4) wastewater treatment systems used to manage the 
wastewater containing AN generated by the AMF production process; and 
(5) leaks from equipment components used to handle AN monomer and 
comonomers.
    The EPA chose to determine MACT for AMF production facilities based 
on the control of pollutant streams containing AN. This pollutant is 
the principal HAP associated with and emitted from AMF production 
facilities. Other organic HAP constituents, if present, would only be 
associated with those pollutant streams containing AN with the 
exception of raw material storage. The EPA expects that control of 
sources emitting AN will also achieve comparable levels of control for 
other organic HAP emitted from AMF production facilities.
    1. AN storage vessels. The capacities of the storage vessels 
associated with AMF fibers production at textile plants typically are 
greater than 100,000 gallons for AN monomer and 20,000 gallons for 
comonomers. At carbon fiber plants, use of storage vessel sizes in the 
range of 25,000 gallons for AN storage is typical. All of these storage 
vessels are used strictly for monomer or comonomer feedstock storage 
with no mixing, blending, or heating of the material contained in the 
storage vessel. During summer months under typical AN storage 
conditions at the existing facilities, the maximum vapor pressure of AN 
can exceed 20 kPa.
    The characteristics of storage vessels used in the AMF industry are 
not unique. The AN storage vessel capacities and vapor pressures are 
similar to storage vessel characteristics for which the EPA has already 
determined MACT to be the level of control that would be achieved by 
applying Control Level 2 storage vessel

[[Page 55192]]

common control requirements (described in section VI of this notice). 
Because of these similarities, the EPA concluded that the Control Level 
2 storage vessel common control requirements are appropriate to use as 
MACT for AN storage vessels at AMF production facilities (see Docket 
No. A-97-17, Item No. II-B-8).
    2. AN process vents. At AMF production plants there are a number of 
process vent streams containing AN. Within suspension polymerization 
and fiber production, there are two general process vent types: (1) 
vents associated with the monomer recovery system (i.e., the vacuum 
flash vent or the slurry stripper condenser vent), and (2) vents 
associated with polymer filtering, dewatering, and drying operations 
(i.e., the vacuum pump filter vents and the polymer dryer exhausts). 
Solvent recovery operations utilizing distillation operations have 
associated process vents, typically the condenser exhaust. Some 
polymerization reactors have vents which are potential organic HAP 
emission points.
    The properties of the continuous process vent streams containing AN 
are similar to the process stream characteristics for which the EPA has 
already determined MACT to be the level of control that would be 
achieved by applying the process vent common control requirements 
described in section V.D of today's notice. Because of these 
similarities, the EPA concluded that the process vent common control 
requirements are appropriate to use as MACT for process vents on 
equipment used for acrylic polymerization, monomer recovery, fiber 
spinning, and solvent recovery operations at AMF production facilities. 
(see Docket No. A-97-17, Item No. II-B-8).
    3. AN fiber spinning lines. During the spinning process, unreacted 
monomer and the organic solvent used to dissolve the polymer are 
volatilized into room air and vented to the atmosphere. Major process 
fugitive emission points include the filtering, spinning, washing, 
drying, and crimping steps.
    The EPA considered several alternative control approaches as MACT 
for the fiber spinning lines. Emissions of AN from a fiber spinning 
line could be controlled by capture and subsequent routing to an 
incinerator. One option is to require an overall reduction of AN 
emissions without specifying an individual capture efficiency and/or 
control device performance level. A second option is to specify both 
capture efficiency and control device performance level. Both of these 
options require an enclosure over the spinning and washing areas of the 
spinning line and venting the enclosure to an appropriate control 
device. This is the technical basis for the acrylic and modacrylic 
fiber new source performance standards (NSPS) in 40 CFR 60, subpart 
HHH. However, while technically feasible, some owners and operators 
would prefer not to enclose their fiber spinning lines. Therefore, a 
third option is to use process modifications to reduce the amount of 
residual AN monomer available for volatilization during spinning 
operations. Considerable efforts have been made on the part of some 
plants to significantly reduce the amount of residual AN monomer in the 
fiber spinning solution. By reducing the AN content prior to spinning 
and fiber processing, this source reduction technique reduces the 
amount of AN that is ultimately volatilized into the room air and 
emitted to the atmosphere. The alternative to this is to not enclose 
the spinning lines and to vent the very low concentration AN exhaust 
air to a control device that is capable of adequately handling the high 
volume, low concentration gas stream.
    The properties of the spinning line exhaust streams containing AN 
are similar to the process vent stream characteristics for which the 
EPA has already determined MACT to be the level of control that is 
achieved by applying the process vent common control requirements 
(described in section V.D of this notice). Because of these 
similarities, the EPA concluded that MACT for fiber spinning lines 
using a spinning solution or spin dope having a total organic HAP 
concentration equal to or greater than 100 ppmw is use of an enclosure 
around the spinning and washing areas of the spinning line and venting 
of the enclosure to an appropriate control device to achieve an overall 
AN emission reduction greater than or equal to 85 percent by weight 
(see Docket No. A-97-17, Item No. II-B-8). This value is based on the 
assumption that the enclosure achieves a minimum capture efficiency of 
90 percent by weight and the captured vapor stream is routed to an 
organic recovery or destruction control device that achieves a total 
HAP reduction of 95 percent by weight or greater. The alternative means 
of emission limitation option allows owners or operators the 
flexibility to establish an alternative (e.g., a maximum limit on the 
AN content of the spinning monomer which would provide a comparable 
level of AN emission control) to enclosing their spinning lines and 
venting to a control device.
    4. AN wastewater facilities. At the acrylic and modacrylic textile 
fiber plants, significant quantities of wastewater containing AN are 
generated (i.e., millions of gallons per day). Major points of 
wastewater generation are the polymer washing, filtering, and 
dewatering steps and the monomer recovery unit separation storage 
vessels. All of these emission sources are associated with the 
suspension polymerization process. Solution polymerization does not 
generate comparable quantities of wastewater because there are no 
slurry stripping and polymer washing steps. Potential emission points 
related to wastewater treatment, storage, and collection include the 
individual drain systems, open surface impoundments (equalization 
basin), bio-treatment units, and wastewater filter system.
    The AN concentration, flow rates and other properties of the 
wastewater streams containing AN from acrylic or modacrylic fiber 
production processes are similar to the wastewater streams containing 
organic HAP in other source categories for which the EPA has already 
determined MACT to be the level of control that is achieved by applying 
the wastewater treatment facility common control requirements described 
in section VI of this preamble. Because of these similarities, the EPA 
concluded that the wastewater treatment facility common control 
requirements are appropriate to use as MACT for wastewater treatment 
systems used to manage the wastewater containing AN generated by the 
acrylic or modacrylic fiber production process (see Docket No. A-97-17, 
Item No. II-B-8).
    5. AN equipment leaks. Fugitive AN emissions from equipment leaks 
(e.g., pump shafts and valve stems) also occur during production of 
AMF. The equipment components and the properties of the AN equipment 
leak emissions are similar to the equipment component characteristics 
in other source categories for which the EPA has already determined 
MACT to be the level of control that is achieved by applying the 
equipment leak common control requirements described in section V.D of 
this preamble. Because of these similarities, the EPA concluded that 
the equipment leak common control requirements under 40 CFR part 63, 
subparts TT or UU are appropriate to use as MACT for leaks from 
equipment components used to handle AN monomer and comonomers at AMF 
production facilities (see Docket No. A-97-17, Item No. II-B-8).

[[Page 55193]]

B. MACT for Hydrogen Fluoride Production

    The HF production source category consists of facilities engaged in 
the production and recovery of HF by reacting calcium fluoride with 
sulfuric acid. Three companies own HF production facilities in the 
United States. These facilities are located in Kentucky, Louisiana, and 
Texas. Currently, two of the facilities are producing HF and the third 
facility (in Kentucky) is temporarily shutdown but may resume 
production in the future.
    The only HAP emitted from the process is HF. Exposure to HF can 
cause injury through inhalation, direct contact, or ingestion. Acute 
exposure to HF will result in irritation, burns, ulcerous lesions, and 
localized destruction of the tissues (necrosis) of the eyes, skin, and 
mucous membranes.
    The potential sources of HF emissions at these facilities are: 1) 
process vents on HF recovery and refining equipment, 2) storage vessels 
used to store HF, 3) bulk loading of tank trucks and tank rail cars, 4) 
leaks from HF handling equipment, and 5) reaction kiln seal leaks.
    Owners and operators of HF production facilities have strong worker 
safety and economic incentives to prevent or control HF emissions from 
these sources. At all facilities, comprehensive worker safety programs 
are implemented to prevent any exposure of plant personnel to HF 
because even mild exposure to HF vapor can cause eye and respiratory 
system irritation. Furthermore, prevention of HF losses provides 
increased revenue from maximizing the recovery of a salable product and 
cost savings from minimizing the damage to process equipment due to HF 
corrosion. Consequently, all of the HF production facilities in the 
United States currently are well controlled for HF emissions, and MACT 
is inherently defined by these air emission control measures.
    The MACT for this source category was selected for each type of 
emission point by identifying the best emission control currently used 
in the industry, obviating the need for any floor determination. In 
addition, the EPA knows of no other air emission control measures in 
the industry or alternative HF production processes that would result 
in lower HF emissions, and thus other alternatives were not considered.
    1. Hydrogen fluoride process vents. At all three existing 
facilities, refrigerated condensers and caustic scrubbers are used to 
remove HF from the reaction kiln overhead gas stream as part of the 
crude HF recovery and refining operations. The HF gases exhausted from 
process vents on HF recovery and refining equipment are routed to wet 
scrubbers. Because HF is very water soluble, HF gases are effectively 
controlled by scrubbing. Each of the existing wet scrubbers achieves an 
HF emission reduction of at least 99 percent. Therefore, the EPA 
selected MACT for process vents to be the routing of the HF gases 
exhausted from process vents on HF recovery and refining equipment to a 
wet scrubber achieving a HF removal efficiency of 99 percent or more.
    2. Hydrogen fluoride storage vessels. Storage vessels used to store 
HF are currently controlled for HF emissions at all three existing 
facilities. At two of these facilities, HF gases from the storage 
vessels are routed to either the same or identical wet scrubbers that 
are used to control the process vent emissions. At the third plant, the 
storage vessels are equipped with pressure relief devices vented to a 
wet scrubber that achieves an HF emission reduction of at least 80 
percent. The EPA selected MACT for storage vessels to be venting of 
each storage vessel to a wet scrubber achieving a HF removal efficiency 
of 99 percent or more.
    3. Hydrogen fluoride product bulk transfer racks. The HF is shipped 
from each facility either in bulk tank trucks or tank rail cars. At 
each facility HF emissions from transfer loading racks to rail cars and 
tank trucks are vented to either the wet scrubber used to control 
storage vessel emissions or to the wet scrubber used to control process 
vent emissions. At the completion of the loading process, the loading 
line is purged with nitrogen either back to the wet scrubber or into 
the loaded cargo storage vessel. Consequently, there are no fugitive HF 
emissions when the loading line is disconnected. The EPA selected MACT 
for HF product bulking transfer loading racks to be venting HF 
emissions during loading to a wet scrubber achieving a HF removal 
efficiency of 99 percent or more.
    4. Hydrogen fluoride equipment leaks. Unlike leaks of organic 
vapors, even very small HF leaks from equipment are readily visible (a 
leak produces a visible white plume or corrosion at the leakage point). 
Furthermore, there are strong incentives to detect and repair leaks (to 
prevent the loss of valuable product, prevent corrosion, and avoid 
personnel exposure), the workers at each plant are attentive to 
preventing equipment leaks. Upon detection of a HF leak, the leak is 
repaired as soon as possible. Each plant has frequent visual inspection 
procedures in place. The EPA selected MACT to be implementation of a 
visual and olfactory LDAR program that entails inspection each working 
shift. If a leak is found, repair or component replacement must be 
initiated within 1 hour, and completed as soon as possible, but no 
later than within 15 days. Equipment containing or contacting any HF is 
affected.
    5. Kiln seals. During normal operation, HF reaction kilns are 
maintained under negative pressure and there are no HF emissions 
through the kiln seals. The primary purpose of the seals is to prevent 
infiltration of air and water to the process. Any HF emissions from the 
kiln seals only occur during process upsets when back pressure builds. 
In the event of a back pressure excursion, the kiln seal emissions at 
two of the facilities are vented to an emergency wet scrubber system. 
In addition, standard operating practice at all of the facilities is to 
immediately shut down kiln operations when a back pressure excursion 
occurs. Based on the ability of other wet scrubbers in these facilities 
to achieve 99 percent reduction efficiency, the EPA has selected MACT 
to be venting kiln seal emissions to a wet scrubber that can achieve at 
least a 99 percent HF removal efficiency, and immediate shutdown of 
kiln operations during a back pressure event. It should be noted that 
neither facility has experienced a back pressure event since the 
emergency systems were installed because of improvements in operating 
procedures.
    To provide flexibility to owners and operators, the EPA allows an 
owner or operator to request an alternative means of emission 
limitation (e.g., use of leakless seals, emergency vacuum boost 
system). The use of leakless seals or an emergency vacuum boost system 
could provide 100 percent control of kiln HF emissions, however, 
neither of these leak prevention technologies have been demonstrated in 
the industry.

C. MACT for Polycarbonates Production

    The PC production source category consists of facilities engaged in 
the production of a special class of polyester formed from dihydroxy 
compound and carbonate diester or by ester interchange. Polycarbonates 
commonly are produced by solution or emulsion polymerization, although 
other methods may be used. All PC production in the United States is 
currently based on the polymerization reaction of bisphenols with 
phosgene in the presence of catalysts and other additives. Methylene 
chloride is used as the solvent in this polymerization process.

[[Page 55194]]

    All phosgene used as a feedstock for PC production is produced 
onsite to reduce potential hazards associated with transporting and 
storing this material. The phosgene is fed directly from dedicated 
phosgene production equipment to PC polymerization process equipment. 
Consequently, phosgene production is integrated with PC production; the 
production of one cannot occur without the other process operating. 
Since dedicated phosgene production units are integral to the PC 
production process, the EPA considers such phosgene production units to 
be part of the PC production source category. Phosgene production units 
that are not dedicated to PC production are subject to 40 CFR part 63, 
subpart F, National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing Industry.
    Three companies operate five PC production plants in the United 
States. These facilities are located in Alabama, Massachusetts, 
Indiana, and Texas. Four of these facilities produce PC resin. The 
fifth plant produces a family of PC polysiloxane copolymers.
    The principal HAP associated with PC production facilities are 
phosgene and methlylene chloride. Phosgene is a highly toxic material 
which can cause adverse health effects from both acute (short-term) and 
chronic (long-term) exposure. Acute exposure by inhalation of phosgene 
may result in pulmonary edema, pulmonary emphysema, and death. Other 
symptoms include choking, chest constriction, coughing, painful 
breathing, and bloody sputum. Acute phosgene poisoning may also 
adversely affect the brain, heart, and blood. Chronic exposure to 
phosgene through inhalation may cause emphysema and pulmonary fibrosis. 
Due to lack of animal and human data, the EPA has been unable to 
classify phosgene as a human carcinogen. Acute exposure to high levels 
of methylene chloride affects the central nervous system and can impair 
vision and hearing. These effects are reversible once exposure ceases. 
Chronic methylene chloride exposure adversely affects the central 
nervous system and causes headaches, dizziness, nausea, and memory 
loss. The EPA has classified methylene chloride as a probable human 
carcinogen. Other HAP may be present in catalysts, solvents, and 
polymer washing agents used for the process.
    Polycarbonates are produced using continuous and batch processes. 
At the four plants producing PC resin, reactors operate either as a 
continuous process or by sequentially operating multiple batch reactors 
such that at least one reactor is always producing PC resin. At the 
plant producing PC polysiloxanes copolymers, reactors are operated on 
an intermittent batch basis.
    To minimize the potential for an accidental release of phosgene to 
the atmosphere, the phosgene production process at existing facilities 
is well controlled. All phosgene production equipment is located inside 
enclosures which are maintained at a slightly negative pressure. Air 
vented from the enclosures is routed to a caustic scrubber to control 
and neutralize any phosgene which may have been released from equipment 
leaks inside an enclosure.
    The sources of HAP emissions from PC production process are: (1) 
Storage vessels used to store methlylene chloride and other organic 
solvents; (2) process vents on polymerization, polymer solution 
purification, and solvent recovery equipment; and (3) wastewater 
treatment systems used to manage the wastewater containing HAP 
generated by the polycarbonate process; and (4) equipment leaks.
    1. Polycarbonate solvent storage vessels. The storage vessels 
associated with PC production are primarily used for storage of 
methylene chloride and other solvents. Under typical storage conditions 
at the existing facilities, the vapor pressure of the solvents stored 
in the storage vessels range from approximately 2 kPa to more than 90 
kPa.
    The EPA had sufficient information to determine a MACT floor and 
evaluate the technological and economic feasibility of options more 
stringent than the floor when determining MACT (for both the 
applicability and control components) for solvent storage vessels at PC 
production facilities. Based on the EPA's analysis, it was determined 
that MACT for solvent storage vessels at PC production facilities 
reflected the level of control required under the HON.
    2. Polycarbonate process vents (from continuous and batch unit 
operations). Polycarbonate production facilities reduce their emissions 
from continuous and batch process vents using both control and recovery 
device systems. The EPA determined that MACT was the MACT floor for 
continuous process vents at PC production facilities. The EPA 
established the proposed MACT for process vents based on the level of 
control present after recovery.
    The EPA used data on HAP flow and air flow emission rates obtained 
during the development of the HON, and combustion total resource 
effectiveness (TRE) indices for PC streams. The HON total resource 
effectiveness TRE equation and coefficients were used to calculate TRE 
indices for use as applicability criteria. TRE indices are indicators 
of the cost-effectiveness of controlling a gas stream; the higher the 
index, the higher the cost of controlling the stream. The proposed MACT 
for continuous process vents would require that all existing vents with 
TRE indices less than or equal to 2.7 be controlled to 98 percent or 
greater. For new sources, the proposed MACT would require vents with 
TRE indices less than or equal to 9.6 be controlled to 98 percent or 
greater.
    Insufficient data was available to do a MACT floor analysis for 
batch process vents. Therefore, for batch process vents, the EPA is 
proposing that if a batch process vent emits organic HAP emissions 
greater than 225 kg/yr, an owner or operator needs to apply MACT. The 
proposed MACT for batch process vents is to control HAP emissions from 
each batch process vent for the batch cycle by 90 weight percent using 
a control device. This proposal is consistent with what was promulgated 
for the polymer and resins I and IV NESHAP source categories. (Docket 
No. A-97-17), Item No. II-B-8). These standards have been challenged in 
litigation. In the event that the EPA makes or is directed to make any 
changes in these standards in connection with that litigation prior to 
promulgation of this standard, the EPA will evaluate the 
appropriateness of making conforming changes in the PC standard.
    3. Polycarbonate wastewater facilities. Existing polycarbonate 
production facilities typically strip their wastewater streams and 
either recover or destroy the stripped organics. Potential emission 
points related to wastewater treatment, storage, and collection include 
the individual drain systems, open surface impoundments (equalization 
basin), bio-treatment units, and wastewater filter systems.
    The HAP concentration, flow rates and other properties of the 
wastewater streams containing HAP from PC production processes are 
similar to the wastewater streams containing organic HAP in other 
source categories for which the EPA has already determined MACT to be 
the level of control that is achieved by applying the wastewater 
treatment facility common control requirements described in section VI 
of this preamble. Because of these similarities, the EPA concluded that 
the wastewater treatment facility common control requirements are 
appropriate to use as MACT for wastewater treatment systems used to 
manage the wastewater

[[Page 55195]]

containing HAP generated by the PC production process.
    4. Polycarbonates equipment leaks. Fugitive HAP emissions from 
equipment leaks (e.g., pump shafts and valve stems) also occur during 
production of PC. The properties of these HAP equipment leak emissions 
are similar to the equipment component characteristics in other source 
categories for which the EPA has already determined MACT to be the 
level of control that is achieved by applying the equipment leak common 
control requirements described in section VI of this preamble. Because 
of these similarities, the EPA concluded that the equipment leak common 
control requirements under 40 CFR part 63, subparts TT or UU are 
appropriate to use as MACT for leaks from equipment components used to 
handle HAP at polycarbonate production facilities (see Docket No. A-97-
17, Item No. II-B-8).

D. MACT for Acetal Resins Production.

    The AR production source category consists of facilities engaged in 
the manufacture of homopolymers and/or copolymers of alternating 
oxymethylene units. Three companies operate three facilities in the 
United States that produce AR. These facilities are located in Texas, 
Alabama, and West Virginia. Two of the AR production facilities produce 
an acetal copolymer and one facility produces an acetal homopolymer. 
Acetal resins are produced in a continuous process.
    Acetal copolymers are formed by the polymerization of trioxane, 
which is formed by the trimerization of formaldehyde, with a copolymer, 
which is typically a cyclic ether such as ethylene oxide. Acetal 
homopolymers are formed by reacting anhydrous formaldehyde to form a 
polymer. Trioxane is manufactured in a separate unit by the 
trimerization of formaldehyde. The trioxane is then stored in storage 
vessels until needed for the resins production process. All trioxane is 
produced on site at acetal resins plants. The production of trioxane is 
not being regulated by this action because it is covered under another 
rulemaking. Homopolymers use anhydrous formaldehyde which means a 
formaldehyde-water solution from which the water has been removed. For 
the homopolymers process, aqueous formaldehyde is stored in a feedstock 
storage vessel. The formaldehyde-water solution is then drawn into the 
process as needed. Prior to being sent to the reactor the water is 
removed in a separate process unit. Process vents from this process 
unit are referred to as front end process vents while all other acetal 
resin production process vents are referred to as back end process 
vents.
    The principal HAP associated with the existing AR plants include 
formaldehyde and ethylene oxide. Both acute (short-term) and chronic 
(long-term) exposure of humans to formaldehyde irritates the eyes, 
nose, and throat and may cause coughing, chest pains, and bronchitis. 
The EPA has classified formaldehyde as a probable human carcinogen. 
Methanol also exhibits acute and chronic health effects. Acute effects 
include visual disturbances such as blurred or dimmed vision. 
Neurological damage, specifically motor dysfunction may also result. 
Chronic effects from inhalation or oral exposure may result in 
conjunctivitis, headache, giddiness, insomnia, gastric disturbances, 
and blindness. The EPA has not classified methanol with respect to 
carcinogenicity.
    1. Acetal resins storage vessels. The storage vessels associated 
with AR production are primarily used for storage of solvents. Under 
typical storage conditions at the existing facilities, the vapor 
pressure of the reactants and solvents stored in the storage vessels 
range from approximately 8 kPa to more than 50 kPa.
    The AR storage vessel capacities and HAP type (i.e., organic HAP) 
are similar to storage vessel characteristics for which the EPA has 
already determined MACT to be the level of control that would be 
achieved by applying the Control Level 2 storage vessel common control 
requirements under 40 CFR part 63, subpart WW. Because of these 
similarities, the EPA concluded that the Control Level 2 storage vessel 
common control requirements are appropriate to use as MACT for solvent 
storage vessels at AR production facilities. The vapor pressure 
applicability cutoffs were determined based on the average vapor 
pressure of solvents stored for existing controlled facilities. The 
cutoffs are much higher than for the Hazardous Organic NESHAP due to 
the lower volatility of chemicals being stored (see Docket No. A-97-17, 
Item No. II-B-8).
    2. Acetal resins process vents. Front end process vents. The 
homopolymer process utilizes a unique step not found in the copolymer 
process. This step is the purification of formaldehyde for use as a 
feedstock. The copolymer process uses trioxane that is produced from 
formaldehyde in a separate unit. The tioxane process would not be 
regulated by this action. Because the purification step is unique to 
the copolymer process and results in different emission characteristics 
than the homopolymer processes, an emission plank for front end process 
vents was developed. Front end process vents are limited to those vents 
that (1) occur prior to the polymer reactor, and (2) are used to 
produce purified formaldehyde for the reaction process. Emissions data 
indicate that all front end process vents are controlled at 60 percent 
HAP reduction by weight. Therefore, the MACT floor for front end 
process vents is 60 percent reduction by weight in HAP. Since all 
process vents are controlled there is no applicability cutoff.
    Back end process vents. Back end process vents can be defined as 
any process vent that is not a front end process vent. Back end process 
vent emissions occur from reactor units, mixing vessels, solvent 
recovery operations, and other operations. All three facilities 
surveyed by the EPA used scrubbers to recover methanol and formaldehyde 
from emission streams. The majority of the recovered monomer is 
recycled back to the process. One facility uses an incinerator that is 
98 percent effective to control back end process vent streams after the 
streams have been sent through scrubbers being used as recovery 
devices. Insufficient information was available to do a rigorous 
analysis. Information was available to determine that all process vent 
emission streams are continuous and contain either methanol or 
formaldehyde. The vent streams in their composition are very similar to 
those streams regulated by the HON. Due to these similarities it was 
determined to use the HON total resource effectiveness equation indices 
for AR streams. The TRE for all process vents after recovery devices 
was set at 1.0 as it is in the HON. Therefore, all back end process 
vents with TRE index values greater than 1.0 will be required to 
control to 98 percent by weight or greater.
    3. Acetal resins wastewater. Existing wastewater streams from AR 
resin plants contain formaldehyde and methanol. The flow rates and 
other properties of the wastewater streams containing HAP from existing 
AR production processes are similar to the wastewater streams 
containing organic HAP in other source categories for which the EPA has 
already determined MACT. Two facilities treat their wastewater by 
hardpiping the water to a biotreatment facility. The wastewater streams 
contain mostly methanol. In addition, the third facility's wastewater 
streams are not controlled and are composed predominately of 
formaldehyde. Formaldehyde is not required to be controlled in EPA 
wastewater provisions for similar

[[Page 55196]]

organic chemical processes. Because of these similarities, the EPA 
concluded that the wastewater treatment system facility common control 
requirements are appropriate to use as MACT for wastewater treatment 
systems used to manage the wastewater containing HAP generated by the 
AR production process (Docket No. A-97-17, Item No. II-B-8).
    4. Acetal resins equipment leaks. Fugitive HAP emissions from 
equipment leaks also occur during the production of AR. The properties 
of these HAP equipment leak emissions are similar to the equipment 
component characteristics in other source categories for which the EPA 
has already determined MACT to be the level of control that is achieved 
by applying the equipment leak common control requirements described in 
section VI of this preamble. In fact, all of the existing AR production 
facilities already operate an LDAR program similar to those prescribed 
by the equipment leak common control requirements. Because of these 
similarities, the EPA is proposing that the equipment leak common 
control requirements under 40 CFR part 63, subparts TT or UU are 
appropriate to use as MACT for leaks from equipment components used to 
handle HAP at AR facilities (see Docket No. A-97-17, Item No. II-B-8).

VII. Selection of Format

    Section 112(d) of the Act requires that emission standards for 
control of HAP be prescribed unless, in the judgement of the 
Administrator, it is not feasible to prescribe or enforce emission 
standards. Section 112(h) identifies two conditions under which it is 
not considered feasible to prescribe or enforce emission standards. 
These conditions include: (1) If the HAP cannot be emitted through a 
conveyance device, or (2) if the application of measurement methodology 
to a particular class of sources is not practicable due to 
technological or economic limitations. If emission standards are not 
feasible to prescribe or enforce, then the Administrator may instead 
promulgate equipment, work practice, design or operational standards, 
or a combination thereof.
    Formats for emission standards include (1) percent reduction, (2) 
concentration limits, or (3) a mass emission limit. In some instances, 
adoption of an emission standard may be feasible for certain sources 
within a category or subcategory and not for other sources within the 
same category or subcategory. In such cases, the EPA may adopt both an 
emission standard and an alternative equipment, design, work practice, 
or operational standard, but only one type of standard will apply to a 
given source depending on the nature and configuration of that source. 
The proposed generic MACT standards for equipment leaks, process vents 
and transfer from continuous unit operations, and storage vessels, and 
transfer racks consist of a combination of (1) emission standards, and 
(2) equipment, design, work practice, and operational requirements 
consistent with requirements promulgated for similar emission points 
and emission characteristics (i.e., similar emission points and 
emission characteristics to that of the Hazardous Organic NESHAP (57 FR 
62608, December 31, 1992), or Off-Site Waste NESHAP (59 FR 51913, 
October 13, 1994).

Selection of Format for Process Vents From Continuous Unit Operations

    The format chosen for process vent streams is dependent on the 
control method chosen. For vent streams controlled by control devices 
other than flares, the format is a combination of a weight-percent 
reduction and an outlet concentration. A weight-percent reduction 
format is appropriate for streams with HAP concentrations above 1000 
ppmv because such a format ensures that the stream will meet the 
weight-percent reduction. For process vents with concentrations below 
1000 parts per million by volume, a 20 ppmv outlet concentration was 
selected because a weight-percent reduction may not be achievable (57 
FR 62608, December 31, 1992).
    The combustion of vent streams containing halogenated organic 
compounds can produce emissions of halogens and hydrogen halides, some 
of which are HAP's, such as hydrogen chloride, chlorine, and hydrogen 
fluoride. To reduce these emissions, the proposed standards required 
the use of a scrubber after the combustion device for halogenated 
process vent streams. The format of the standard for such scrubbers is 
a percent reduction or outlet concentration of those halogens and 
hydrogen halides that can be measured using the EPA Method 26 or 26A. A 
percent reduction format ensures that most streams will meet the MACT 
requirements. However, an alternative outlet concentration level is 
needed for low concentration streams where the specified percent 
reduction would result in outlet levels too low to measure.
    For vent streams controlled by a flare, the proposal includes 
equipment and operating specifications because it is very difficult to 
measure the emissions from a flare to determine its efficiency.

Selection of Format for Storage Vessel Provisions

    The storage vessel provisions require control by (1) tank 
improvements (internal or external roofs with proper seals and 
fittings) or (2) a closed vent system and control device depending on 
the type of storage vessel. The format for the storage vessel 
provisions is dependent on the type of storage vessel and control 
methodology selected. For storage vessels controlled with internal or 
external floating roofs, the format is a combination of design, 
equipment, work practice, and operational standards. This format is the 
only practicable control strategy compatible with these type of storage 
vessels. Other control strategies are available but require the 
conversion of the storage vessel to another type of vessel. The EPA 
chose not to propose an emission limit format for all types of storage 
vessels because that would require equipping non-fixed roof storage 
vessels with a capture system, which would be cost-prohibitive (57 FR 
62608, December 31, 1992).
    The design requirements for vessels controlled with vessel 
improvements are specified in subpart WW of this part. Additional 
operational and work practice requirements, which consist of inspection 
and repair requirements are also specified to ensure the continued 
integrity of the control equipment.
    For vessels controlled by a closed vent system and control device, 
the EPA is proposing a design and equipment format. This format 
accounts for the wide variation in emissions and flow rates being 
vented from the vessel, and requires that the closed vent system and 
control device meet a specified weight-percent requirement. The closed 
vent system must be capable of collecting HAP vapors and gases 
discharged from the storage vessel. The control device must reduce the 
HAP emissions discharged into it at a specified efficiency for the 
source category and must be operated to achieve the specified level of 
emission reduction. Operational requirements, which consist of, among 
other things, inspection, repair, and work practice requirements, are 
necessary to ensure the proper operation and integrity of control 
equipment meeting a design and equipment standard.

Selection of Format for Wastewater Management Units Provisions

    The provisions for controlling air emissions from wastewater 
streams are a combination of equipment, operational, work practice, and 
emission standards. It was determined

[[Page 55197]]

that a numerical standard would not be feasible because it would be 
difficult to capture and measure emissions from wastewater management 
units for the purpose of evaluating compliance (59 FR 51913, October 
13, 1994).

Selection of Format for Equipment Leaks

    The provisions of subparts TT and UU of this part for controlling 
emissions from equipment leaks are in the format of work practice and 
equipment specifications. It was determined that it is not feasible to 
prescribe or enforce emission standards because emissions cannot be 
emitted through a conveyance device and the application of a 
measurement methodology is not practicable due to technological or 
economic limitations (57 FR 62608, December 31, 1992).

VIII. Selection of Test Methods and Procedures

    Test methods and procedures specified in the proposed standards 
would be used to demonstrate compliance. Procedures and methods 
included in the proposed standards are, where appropriate, based on 
procedures and methods previously developed by the EPA for use in 
implementing standards for sources similar to those being proposed for 
regulation today.

IX. Selection of Monitoring, Inspection, Recordkeeping and 
Reporting Requirements

    Monitoring, inspection, recordkeeping, and reporting requirements 
specified in the proposed standards would be used to assure and 
document compliance with the proposed standards. Monitoring, 
inspection, recordkeeping and reporting requirements included in the 
proposed standards are, where appropriate, based on monitoring, 
inspection, recordkeeping and reporting requirements previously 
developed by the EPA for use in implementing standards for sources 
similar to those being proposed for regulation today.
    Additionally, the generic MACT standards subpart cross-references 
Secs. 63.1 through 63.5, and Secs. 63.12 through 63.15 of the General 
Provisions for this part, and has pulled some of the regulatory text 
contained in Secs. 63.6 through 63.11 into the rule. The General 
Provisions have been challenged in litigation. In the event that the 
EPA makes or is directed to make any changes in these standards in 
connection with that litigation prior to promulgation of the standard, 
the EPA will evaluate the appropriateness of making conforming changes 
in the Generic MACT Standards subpart. The EPA has also recently 
published a direct final notice to amend the General Provisions flare 
specifications by adding specifications for hydrogen-fueled flares (63 
FR 24436). It is the EPA's intent to add these changes in 
specifications (once finalized) to the proposed flare specifications of 
40 CFR part 63, subpart SS (Closed Vent Systems, Control Devices, 
Recovery Devices and Routing to a Fuel Gas System or a Process) at 
promulgation.

X. Relationship to other Standards and Programs Under the Act

A. Relationship to the Part 70 and Part 71 Permit Programs

    Under title V of the Act, the EPA established a permitting program 
(part 70 and part 71 permitting program) that requires all owners and 
operators of HAP-emitting sources to obtain an operating permit (57 FR 
32251, July 21, 1992). Sources subject (i.e., affected sources subject 
to the generic MACT standards) to the permitting program are required 
to submit complete permit applications within a year after a State 
program is approved by the EPA or, where a State program is not 
approved, within a year after a program is promulgated by the EPA. If 
the State where the facility is located does not have an approved 
permitting program, the owner or operator of a facility must submit the 
application to the EPA Regional Office in accordance with the 
requirements of the part 63 General Provisions (40 CFR 63 subpart A).

B. Overlapping Federal Regulations

    The EPA recognizes that the potential exists for regulatory overlap 
between the proposed air emission standards and other standards 
developed under the Act. Therefore, the EPA has clarified the 
applicability of requirements under subpart YY as it relates to other 
NSPS and parts 61 and 63 NESHAP that apply to the same source in the 
applicability section of the rule.

XI. Solicitation of Comments

    Comments are specifically requested on several aspects of the 
proposed standards. These topics are summarized below.

A. Proposed Generic MACT Approach

    The EPA is proposing use of an alternative methodology for 
determining MACT and MACT floor compliance in appropriate instances 
where a source category has five or fewer sources and the sources in 
question are demonstrably similar to larger groups of sources regulated 
in prior MACT standards. Under this approach, individual source 
categories will be assimilated into a generic MACT structure and 
control requirements for the source category will be established by 
utilizing common control requirements established for particular types 
of emission points. EPA believes that this approach will conserve 
resources, encourage consistency and uniformity in standard setting, 
and assure conformity to applicable statutory requirements. (See 
section III. of this preamble for the basis for and summary of the 
EPA's proposed generic MACT approach). The EPA solicits comment on the 
feasibility and legality of the proposed generic MACT approach. EPA 
requests that, if any commenter asserts that this approach is 
unreasonable, the commenter provide specific examples where the 
proposed approach would yield an unacceptable outcome.

B. Emission Point General Control Requirement Subparts

    The EPA promulgated air emission control requirements for selected 
emission points (i.e., containers, surface impoundments, oil-water 
separators and organic-water separators, tanks, individual drain 
systems) in individual subparts with the Off Site Waste and Recovery 
NESHAP.
    Today's notice proposes additional air emission control requirement 
subparts for equipment leaks (40 CFR part 63, subparts TT and UU), 
storage vessels (40 CFR part 63, subpart WW), and closed vent systems 
and control and recovery devices (40 CFR part 63, subpart SS)(see 
section VI. Emission Point Common Control Requirements of today's 
notice for a description of, and rationale for, the proposed common 
control requirements). The EPA is soliciting comment on these emission 
point-specific subparts with this proposal. Specifically, the EPA 
soliciting comment on their content and application usefulness for 
source categories with similar emission points and emission 
characteristics.

XII. Administrative Requirements

A. Public Hearing

    A public hearing will be held, if requested, to discuss the 
proposed standard in accordance with section 307(d)(5) of the Act. 
Persons wishing to make oral presentation on the proposed standards for 
AR production, AMF production, HF production, or PC production; the 
proposed alternative MACT determination approach for source categories 
with a limited population of major sources; or the reference control 
requirement subparts

[[Page 55198]]

(i.e., subparts SS, TT, UU, WW) for closed vent systems, control 
devices, recovery devices and routing to a fuel gas system or process, 
control levels 1 and 2 for equipment leaks, and storage vessels; should 
contact the EPA at the address given in the ADDRESSES section of this 
preamble. Oral presentations will be limited to 15 minutes each. If a 
hearing is held, interested persons may submit their statements in a 
written form, and the record will remain open for 30 days following the 
hearing for submission of rebuttal or supplementary information. 
Written statements should be addressed to the Air Docket Section 
address given in the ADDRESSES section of this preamble and should 
refer to Docket No. A-97-17.
    A verbatim transcript of the hearing and written statements will be 
available for public inspection and copying during normal working hours 
at EPA's Air Docket Section in Washington, DC (see ADDRESSES section of 
this preamble).

B. Docket

    The docket is an organized file of basic underlying information 
utilized by the EPA, and all comments and other information submitted 
to the EPA, during the rulemaking process. The principal purposes of 
the docket are:
    1. To allow interested parties to readily identify and locate basic 
underlying documents so that they can intelligently and effectively 
participate in the rulemaking process; and
    2. To serve as the record in case of judicial review (except for 
interagency review materials (section 307(d)(7)(A)).
    The docket for today's proposed standards is A-97-17. Dockets 
established for each of the source categories with proposed standards 
with this proposal include the following: (1) AR production (Docket No. 
A-97-19); AMF production (Docket No. A-97-18); HF production (Docket 
No. A-97-x); and PC production (Docket No. A-97-16). The source 
category-specific dockets contain source category-specific supporting 
information and are cross referenced in the generic MACT standards 
docket (Docket No. A-97-17).
    The docket contains copies of proposed regulatory text, and 
technical memoranda documenting the information considered by the EPA 
in the development of the proposed standards. The docket is available 
for public inspection at the EPA's Air and Radiation Docket and 
Information Center, the location of which is given in the ADDRESSES 
section of this notice.

C. Executive Order 12866

    Under Executive Order (EO) 12866, [58 FR 51735 (October 4, 1993)] 
the EPA must submit significant regulatory actions to the Office of 
Management and Budget (OMB) for review. The EO defines ``significant 
regulatory action'' as one that OMB determines is likely to result in a 
rule that may:
    (1) Have an annual effect of 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 
this Executive Order.
    In this instance, the OMB has agreed that the EPA need not submit 
this proposal for review under EO 12286.

D. Enhancing the Intergovernmental Partnership Under Executive Order 
12875

    In compliance with EO 12875, the EPA has involved State governments 
in the development of this rule. Although this proposal does not impose 
requirements on State, local, or tribal governments, these entities 
will be required to implement the rule by incorporating the rule into 
permits and enforcing the rule upon delegation. They will collect 
permit fees that will be used to offset the resource burden of 
implementing the rule.
    Representatives of State governments are members of the MACT 
partnerships that were consulted during the development of the proposed 
standards for the AR production, AMF production, HF production, and PC 
production source categories. Partnership groups were consulted 
throughout the development of the proposed standards. In addition, all 
State, local, and tribal governments and other representatives are 
encouraged to comment on the proposed standards during the public 
comment period, and the EPA intends to fully consider these comments in 
the development of the final standards.

E. Paperwork Reduction Act

    The information collection requirements in these proposed rules 
have been submitted for approval to the OMB under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. An information Collection Request 
(ICR) document has been prepared by the EPA (ICR No. 1871.01 and copies 
may be obtained from Sandy Farmer, OPPE Regulatory Information 
Division; U.S. Environmental Protection Agency (2137); 401 M Street, 
SW; Washington, DC 20460 or by calling (202) 260-2740.
    Information is required to ensure compliance with the provisions of 
the proposed standards. If the relevant information were collected less 
frequently, the EPA would not be reasonably assured that a source is in 
compliance with the proposed standards. In addition, the EPA's 
authority to take administrative action would be reduced significantly.
    The proposed standards would require owners or operators of 
affected sources to retain records for a period of 5 years. The 5 year 
retention period is consistent with the provisions of the General 
Provisions of 40 CFR Part 63, and with the 5 year record retention 
requirement in the operating permit program under title V of the Act.
    All information submitted to the EPA for which a claim of 
confidentiality is made will be safeguarded according to the EPA 
policies set forth in title 40, chapter 1, part 2, subpart B, 
Confidentiality of Business Information. See 40 CFR 2; 41 FR 36902, 
September 1, 1976; amended by 43 FR 3999, September 8, 1978; 43 FR 
42251, September 28, 1978; and 44 FR 17674, March 23, 1979. Even where 
the EPA has determined that data received in response to an ICR is 
eligible for confidential treatment under 40 CFR part 2, subpart B, the 
EPA may nonetheless disclose the information if it is relevant in any 
proceeding: under the statute (42 U.S.C. 7414 (C); 40 CFR 2.301 (g). 
This information collection complies with the Privacy Act of 1974 and 
Office of Management and Budget (OMB) Circular 108.
    The estimated annual average hour and annual average cost burden 
per respondent for the proposed standards for the AR production, AMF 
production, HF production, and PC production source categories are 
presented in table 2.

Table 2.--Estimated Annual Average Hour and Cost Burden per Respondent a
------------------------------------------------------------------------
                                                   Annual       Annual
                Source category                   average      average
                                                   hours       cost ($)
------------------------------------------------------------------------
AR Production.................................        1,300       55,500
AMF Production................................        1,900       83,200

[[Page 55199]]

HF Production.................................          310       13,200
PC Production.................................        3,200      138,600
                                               -------------------------
    Total.....................................        6,710      290,500
------------------------------------------------------------------------
a Burden hour and cost estimates are aggregated for the affected sources
  and averaged over the first 3 years of the rule.

    The EPA projects that a maximum of 50 sources will be assimilated 
under the generic MACT standards. Assuming a future-looking burden 
scenario (i.e., the burden associated with the monitoring, 
recordkeeping, and reporting requirements for the PC production source 
category), the estimated annual average hour and annual average cost 
burden for the generic MACT standards inclusive of all source 
categories that could be assimilated in the future would be 32,300 and 
$1.4 million, respectively. Note that these burden estimates reflect a 
maximum future-looking burden scenario and would be spread over a 
minimum of 10 source categories with 5 or fewer facilities or 
respondents. The burden for a source category with 5 facilities or 
respondents would be an estimated 3,230 hours and $140 thousand per 
year. The burden per facility or respondent would be an estimated 646 
hours and $28 thousand per year.
    The future-looking burden estimates assume that reports are 
required on a semi-annual and annual basis (depending on the reports) 
and as required, as in the case of startup, shutdown, and malfunction 
reports. Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    Comments are requested on the EPA's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICRs to the 
Director, OPPE Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M Street, SW; Washington, DC 20460; and 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th Street, NW, Washington, DC 20503, 
marked ``Attention: Desk Officer for EPA.'' Include the ICR number(s) 
in any correspondence. Since OMB is required to make a decision 
concerning the ICR's between 30 and 60 days after October 14, 1998, a 
comment to OMB is best assured of having its full effect if OMB 
receives it by November 13, 1998. The final standards will respond to 
any OMB or public comments on the information collection requirements 
contained in this proposal.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment on rulemaking requirements unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This proposed rule would not have a significant impact 
on a substantial number of small entities because it would only apply 
to source categories with 5 or fewer major sources. Therefore, the EPA 
certifies that today's action would not have a significant economic 
impact on a substantial number of small entities. Thus, the Agency did 
not prepare an initial regulatory flexibility analysis (IRFA).
    Although the statute does not require the EPA to prepare an IRFA 
because the Administrator is certifying that the rule will not have a 
significant economic impact on a substantial number of small entities, 
the EPA did undertake a limited assessment of possible outcomes and the 
economic effect of these on small entities as part of the economic 
analysis conducted for each of the source categories for which 
standards are being proposed with today's notice. The economic analysis 
for each of the source categories for which standards are being 
proposed can be obtained from the source category-specific dockets 
established for each of the source categories (see Docket in ADDRESSES 
section for individual docket numbers).

G. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA), 
P.L. 104-4, requires that the EPA prepare a budgetary impact statement 
before promulgating a rule that includes a Federal mandate that may 
result in expenditures to State, local, and Tribal governments, in the 
aggregate, or to the private sector, of $100 million or more in any 1 
year. Section 203 requires the EPA to establish a plan for obtaining 
input from and informing, educating, and advising any small governments 
that may be significantly or uniquely affected by the rule.
    Because this proposed rule, if promulgated, does not include a 
Federal mandate and is estimated to result in expenditures less than 
$100 million in any one year by State, local, and tribal governments, 
the EPA has not prepared a budgetary impact statement or specifically 
addressed the selection of the least costly, most cost-effective, or 
least burdensome alternative. In addition, because small governments 
would not be significantly or uniquely affected by this rule, the EPA 
is not required to develop a plan with regard to small governments. 
Therefore, the requirements of the UMRA do not apply to this action.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) directs all Federal agencies to use voluntary 
consensus standards instead of government-unique standards in their 
regulatory activities unless it would be inconsistent with applicable 
law or otherwise impractical. Voluntary consensus standards are 
technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices, etc.) that are 
developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), International Organization for Standardization (ISO), 
International Electrotechnical Commission (IEC), American Petroleum 
Institute (API), National Fire Protection Association (NFPA) and 
Society of Automotive Engineers (SAE). The NTTAA requires

[[Page 55200]]

Federal agencies like the EPA to provide Congress, through OMB, 
explanations when an agency decides not to use available an applicable 
voluntary consensus standards.
    This action does not involve the proposal of any new technical 
standards. It does, however, incorporate by reference existing 
technical standards, including government-unique technical standards. 
The technical standards proposed with this notice are standards that 
have been proposed and promulgated under other rulemakings for similar 
source control applicability and compliance determinations. The EPA 
solicits comment on the identification of potentially-applicable 
voluntary consensus standards that could be used in lieu of standard 
proposed under today's action. The EPA request that submitted comments 
include an explanation why such standards should be used in lieu of 
those proposed.
    As part of a larger effort, the EPA is undertaking a project to 
cross-reference existing voluntary consensus standards on testing, 
sampling, and analysis, with current and future EPA test methods. When 
completed, this project will assist the EPA in identifying potentially-
applicable voluntary consensus standards that can then be evaluated for 
equivalency and applicability in determining compliance with future 
regulations.

I. Protection of Children From Environmental Health Risks and Safety 
Under Executive Order 13045

    The EO 13045 applies to any rule that (1) OMB determines is 
``economically significant'' as defined under EO 12866, and (2) the EPA 
determines the environmental health or safety risk addressed by the 
rule has a disproportionate effect on children. If the regulatory 
action meets both criteria, the EPA must evaluate the environmental 
health or safety aspects of the planned rule on children; and explain 
why the planned rule is preferable to other potentially effective and 
reasonably feasible alternatives considered by the EPA.
    The proposed rule is not subject to EO 13045, entitled Protection 
of Children from Environmental Health Risks and Safety Risks (62 FR 
19885, April 23, 1997), because it does not involve decisions on 
environmental health risks or safety risks that may disproportion-
ately affect children.

J. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Although this proposal does not impose requirements on 
tribal governments, these entities will be required to implement the 
rule by incorporating the rule into permits and enforcing the rule upon 
delegation. Accordingly, the requirements of section 3(c) of Executive 
Order 13084 do not apply to this rule.

XIII. Statutory Authority

    The statutory authority for this proposal is provided by section 
101, 112, 114, 116, and 302 of the Act, as amended; 42 U.S.C., 7401, 
7412, 7414, 7416, and 7601.

List of Subjects in 40 CFR part 63

    Environmental protection, Acetal resins production, Acrylic and 
modacrylic fiber production, Air emissions control, Equipment leaks, 
Hazardous air pollutants, Hydrogen fluoride production, Kilns, Fiber 
spinning lines, Polycarbonates production, Process vents, Storage 
vessels, Transfer racks, Wastewater treatment units.

    Dated: September 15, 1998.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations are proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

    2. Part 63 is amended by adding subpart SS to read as follows:

Subpart SS--National Emission Standards for Closed Vent Systems, 
Control Devices, Recovery Devices and Routing to a Fuel Gas System or a 
Process

Sec.

63.980  Applicability.
63.981  Definitions.
63.982  Requirements.
63.983  Closed vent systems.
63.984  Fuel gas systems and processes to which storage vessel, 
transfer rack, or equipment leak regulated materials emissions are 
routed.
63.985  Nonflare control devices used to control emissions from 
storage vessels and low throughput transfer racks.
63.986  Nonflare control devices used for equipment leaks only.
63.987  Flare requirements.
63.988  Incinerators.
63.989  Boilers and process heaters.
63.990  Absorbers used as control devices.
63.991  Condensers used as control devices.
63.992  Carbon adsorbers used as control devices.
63.993  Absorbers, condensers, carbon adsorbers and other recovery 
devices used as final recovery devices.
63.994  Halogen scrubbers and other halogen reduction devices.
63.995  Other control devices.
63.996  General monitoring requirements for control and recovery 
devices.
63.997  Performance test and flare compliance determination 
requirements.
63.998  Recordkeeping requirements.
63.999  Notifications and other reports.


Sec. 63.980  Applicability.

    (a) The provisions of this subpart include requirements for closed 
vent systems, control devices and routing of air emissions to a fuel 
gas system or process. These provisions apply when another subpart 
references the use of this subpart for such air emission control. These 
air emission standards are placed here for administrative convenience 
and only apply to those owners and operators of facilities subject to a 
referencing subpart. The provisions of 40 CFR part 63, subpart A 
(General Provisions) do not apply to this subpart except as specified 
in a referencing subpart.


Sec. 63.981   Definitions.

    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a reference test or equivalent method, 
and that has been demonstrated to the

[[Page 55201]]

Administrator's satisfaction, using Method 301 in appendix A of 40 CFR 
part 63, or previously approved by the Administrator prior to the 
promulgation date of standards for an affected source or affected 
facility under a referencing subpart, to produce results adequate for 
the Administrator's determination that it may be used in place of a 
test method specified in this subpart.
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems and strip charts.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    By compound means by individual stream components, not carbon 
equivalents.
    Closed loop system means an enclosed system that returns process 
fluid to the process and is not vented to the atmosphere except through 
a closed vent system.
    Closed vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow inducing devices that transport gas or vapor from an 
emission point to a control device. Closed vent system does not include 
the vapor collection system that is part of any tank truck or railcar.
    Closed vent system shutdown means a work practice or operational 
procedure that stops production from a process unit or part of a 
process unit during which it is technically feasible to clear process 
material from a closed vent system or part of a closed vent system 
consistent with safety constraints and during which repairs can be 
effected. An unscheduled work practice or operational procedure that 
stops production from a process unit or part of a process unit for less 
than 24 hours is not a closed vent system shutdown. An unscheduled work 
practice or operational procedure that would stop production from a 
process unit or part of a process unit for a shorter period of time 
than would be required to clear the closed vent system or part of the 
closed vent system of materials and start up the unit, and would result 
in greater emissions than delay of repair of leaking components until 
the next scheduled closed vent system shutdown, is not a closed vent 
system shutdown. The use of spare equipment and technically feasible 
bypassing of equipment without stopping production are not closed vent 
system shutdowns.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.998(b).
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this subpart. Such equipment or devices include, but are not 
limited to, absorbers, carbon adsorbers, condensers, incinerators, 
flares, boilers, and process heaters. For process vents from continuous 
unit operations, recapture devices and combustion devices are 
considered control devices but recovery devices are not considered 
control devices. For process vents from batch unit operations, 
recapture devices, recovery devices, and combustion devices are 
considered control devices except for primary condensers. Primary 
condensers on stream strippers or fuel gas systems are not considered 
control devices.
    Control system means the combination of the closed vent system and 
the control devices used to collect and control vapors or gases from a 
regulated emission source.
    Ductwork means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous streams generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous streams for use as fuel gas in combustion 
devices or in-process combustion equipment such as furnaces and gas 
turbines, either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards, such as ANSI 
B31-3.
    High-throughput transfer rack means those transfer racks that 
transfer a total of 11.8 million liters per year or greater of liquid 
containing regulated material.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by 
ducts or connections carrying flue gas. The above energy recovery 
section limitation does not apply to an energy recovery section used 
solely to preheat the incoming vent stream or combustion air.
    Low-throughput transfer rack means those transfer racks that 
transfer less than a total of 11.8 million liters per year of liquid 
containing regulated material.
    Operating parameter value means a minimum or maximum value 
established for a control device parameter which, if achieved by itself 
or in combination with one or more other operating parameter values, 
determines that an owner or operator has complied with an applicable 
emission limit or operating limit.
    Organic monitoring device means a unit of equipment used to 
indicate the concentration level of organic compounds based on a 
detection principle such as infra-red, photo ionization, or thermal 
conductivity.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a regulated source or a stationary source of 
which a regulated source is a part.
    Performance level means the level at which the regulated material 
in the gases or vapors vented to a control or recovery device are 
removed, recovered, or destroyed. Examples of control device 
performance levels include: achieving a minimum organic reduction 
efficiency expressed as a percentage of regulated material removed or 
destroyed in the control device inlet stream on a weight-basis; 
achieving an organic concentration in the control device

[[Page 55202]]

exhaust stream that is less than a maximum allowable limit expressed in 
parts per million by volume on a dry basis corrected to 3 percent 
oxygen; or maintaining appropriate control device operating parameters 
indicative of the device performance at specified values.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission limit as specified in 
the performance test section of this subpart or in the referencing 
subpart.
    Primary fuel means the fuel that provides the principal heat input 
to a device. To be considered primary, the fuel must be able to sustain 
operation without the addition of other fuels.
    Process heater means an enclosed combustion device that transfers 
heat liberated by burning fuel directly to process streams or to heat 
transfer liquids other than water. A process heater may, as a secondary 
function, heat water in unfired heat recovery sections.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are 
not limited to, absorbers, carbon adsorbers, and condensers. For 
purposes of the monitoring, recordkeeping and reporting requirements of 
this subpart, recapture devices are considered recovery devices.
    Recovery device means an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for fuel 
value (i.e., net positive heating value), use, reuse, or for sale for 
fuel value, use, or reuse. Examples of equipment that may be recovery 
devices include absorbers, carbon adsorbers, condensers, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. For purposes 
of the monitoring, recordkeeping, and reporting requirements of this 
subpart, recapture devices are considered recovery devices.
    Reference method means any method of sampling and analyzing for a 
regulated material as specified in an applicable subpart, the 
appendices to 40 CFR parts 60 or 63, or in appendix B of 40 CFR part 
61.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this part, refers to vapors 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
or hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by a referencing subpart.
    Regulated source for the purposes of this subpart, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a relevant standard or other 
requirement established pursuant to a referencing subpart.
    Routed to a process or route to a process means the gas streams are 
conveyed to any enclosed portion of a process unit where the emissions 
are recycled and/or consumed in the same manner as a material that 
fulfills the same function in the process; and/or transformed by 
chemical reaction into materials that are not regulated materials; and/
or incorporated into a product; and/or recovered.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle 
as specified in this subpart. Unless otherwise specified, a run may be 
either intermittent or continuous within the limits of good engineering 
practice.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take non-routine grab 
samples is not considered a sampling connection system.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow 
rate, pH, or liquid level.
    Set pressure means the pressure at which a properly operating 
pressure relief device begins to open to relieve atypical process 
system operating pressure.
    Specific gravity monitoring device means a unit of equipment used 
to monitor specific gravity and having a minimum accuracy of 
 0.02 specific gravity units.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of  
percent of the temperature being monitored expressed in degrees Celsius 
or 1.2 degrees Celsius ( deg.C), whichever is greater.


Sec. 63.982  Requirements.

    (a) Storage vessel requirements. An owner or operator of a storage 
vessel that is referred to this subpart for controlling regulated 
material emissions by venting emissions through a closed vent system to 
a flare, nonflare control device or routing to a fuel gas system or 
process shall comply with the applicable requirements of paragraphs 
(a)(1) through (a)(3) of this section.
    (1) Closed vent system and flare. Owners or operators that control 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec. 63.983 for closed vent systems; Sec. 63.987 for 
flares; and Sec. 63.997(a),(b) and (c) for provisions regarding flare 
compliance determinations; and the monitoring, recordkeeping and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to storage vessel emissions through a closed vent system 
to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators that control emissions through a closed vent system to a 
nonflare control device shall meet the requirements in Sec. 63.983 for 
closed vent systems; and Sec. 63.985 for nonflare control devices and 
the monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to storage vessel 
emissions vented through a closed vent system to a nonflare control 
device unless specifically required in the monitoring plan submitted 
under Sec. 63.985(c).
    (3) Route to a fuel gas system or process. Owners or operators that 
control emissions by routing storage vessel emissions to a fuel gas 
system or process shall meet the requirements in Sec. 63.984 and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to storage vessel 
emissions being routed to a fuel gas system or a process.
    (b) Process vent requirements. The owner or operator that is 
referred to this subpart for controlling regulated material emissions 
by venting emissions through a closed vent system to a flare, nonflare 
control device, or a final recovery device shall comply with the 
applicable requirements of paragraphs (b)(1) through (b)(3) of this 
section.
    (1) Closed vent system and flare. Owners or operators that control 
emissions by venting emissions through a closed vent system to a flare 
shall meet the applicable requirements in Sec. 63.983 for closed vent 
systems; Sec. 63.987 for flares; and Sec. 63.997(a), (b) and (c) for 
provisions regarding flare compliance determinations; and the 
monitoring, recordkeeping, and reporting requirements referenced

[[Page 55203]]

therein. No other provisions of this subpart apply to process vent 
emissions routed through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators that control emissions by venting emissions through a closed 
vent system to a nonflare control device shall meet the applicable 
requirements in Sec. 63.983 for closed vent systems; the requirements 
applicable to the control devices being used in Secs. 63.988 through 
63.992, or Sec. 63.995; the applicable general monitoring requirements 
of Sec. 63.996 and the applicable performance test requirements and 
procedures of Sec. 63.997; and the monitoring, recordkeeping, and 
reporting requirements referenced therein. Owners or operators subject 
to halogen reduction device requirements under a referencing subpart 
must also comply with Sec. 63.994 and the monitoring, recordkeeping and 
reporting requirements referenced therein. The requirements of 
Secs. 63.984 through 63.986 do not apply to process vents.
    (3) Final recovery devices. Owners or operators who use a final 
recovery device to control air emissions from process vents from 
continuous unit operations shall meet the requirements in Sec. 63.993 
and the monitoring, recordkeeping, and reporting requirements 
referenced therein that are applicable to the recovery device being 
used; and the applicable monitoring requirements in Sec. 63.996 and the 
recordkeeping and reporting requirements referenced therein. No other 
provisions of this subpart apply to process vents.
    (c) Transfer rack requirements. The owner or operator that is 
referred to this subpart for controlling regulated material emissions 
by venting emissions through a closed vent system to a flare, nonflare 
control device, or routing to a fuel gas system or process shall comply 
with the applicable requirements of paragraphs (c)(1) through (c)(4) of 
this section.
    (1) Closed vent system and flare. Owners or operators who vent 
transfer rack emissions through a closed vent system to a flare shall 
meet the applicable requirements in Sec. 63.983 for closed vent 
systems; Sec. 63.987 for flares; and Sec. 63.997(a), (b) and (c) for 
provisions regarding flare compliance determinations; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to transfer rack 
emissions vented through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device for low-
throughput transfer racks. An owner or operator of a low-throughput 
transfer rack, as defined in Sec. 63.981, that vents emissions through 
a closed vent system to a nonflare control device shall meet the 
applicable requirements in Sec. 63.983 for closed vent systems and 
Sec. 63.985 for nonflare control devices and the monitoring, 
recordkeeping, and reporting requirements referenced therein. The 
requirements of Secs. 63.984 through 63.986 do not apply to high 
throughput transfer rack emissions routed through a closed vent system 
to a nonflare control device. No other provisions of this subpart apply 
to low-throughput transfer rack emissions being routed through a closed 
vent system to a nonflare control device.
    (3) Closed vent system and nonflare control devices for high 
throughput transfer racks. Owners or operators of high throughput 
transfer racks that vent emissions through a closed vent system to a 
nonflare control device shall meet the applicable requirements in 
Sec. 63.983 for closed vent systems; the requirements applicable to the 
control device being used in Secs. 63.988 through 63.992, or 63.995; 
the applicable general monitoring requirements of Sec. 63.996; and the 
applicable performance test requirements and procedures of Sec. 63.997; 
and the monitoring, recordkeeping, and reporting requirements 
referenced therein. Owners or operators subject to halogenated stream 
requirements under a referencing subpart must also comply with 
Sec. 63.994 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. The requirements of Secs. 63.984 
through 63.986 do not apply to high throughput transfer rack emissions 
routed through a closed vent system to a nonflare control device.
    (4) Route to a fuel gas system or process. Owners or operators that 
control air emissions by routing transfer rack emissions to a fuel gas 
system or to a process shall meet the applicable requirements in 
Sec. 63.984 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. No other provisions of this subpart 
apply to transfer rack emissions being routed to a fuel gas system or 
process.
    (d) Equipment leak requirements. The owner or operator that is 
referred to this subpart for controlling regulated material emissions 
from equipment leaks by venting emissions through a closed vent system 
to a flare, nonflare control device, or routing to a fuel gas system or 
process shall comply with the applicable requirements of paragraphs 
(d)(1) through (d)(3) of this section.
    (1) Closed vent system and flare. Owners or operators that vent 
equipment leak emissions through a closed vent system to a flare shall 
meet the requirements in Sec. 63.983 for closed vent systems; 
Sec. 63.987 for flares; and Sec. 63.997(a), (b) and (c) for provisions 
regarding flare compliance determinations; and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to equipment leak emissions vented 
through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators that vent equipment leak emissions through a closed vent 
system to a nonflare control device shall meet the requirements in 
Sec. 63.983 for closed vent systems and Sec. 63.986 for nonflare 
control devices used for equipment leak emissions and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to equipment leak emissions vented 
through a closed vent system to a nonflare control device.
    (3) Route to a fuel gas system or process. Owners or operators that 
route equipment leak emissions to a fuel gas system or to a process 
shall meet the requirements in Sec. 63.984 and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to equipment leak emissions being 
routed to a fuel gas system or process.
    (e) Combined emissions. When emissions from different emission 
types (e.g., emissions from process vents, transfer racks, and/or 
storage vessels) are combined, an owner or operator shall comply with 
the requirements of either paragraph (e)(1) or (e)(2) of this section.
    (1) Comply with the applicable requirements of this subpart for 
each kind of emissions in the stream (e.g., the requirements of 
Sec. 63.982(b) for process vents, and the requirements of 
Sec. 63.982(c) for transfer racks); or
    (2) Comply with the first set of requirements identified in 
paragraphs (e)(2)(i) through (e)(2)(iii) of this section which applies 
to any individual emission stream that is included in the combined 
stream. Compliance with the first applicable set of requirements 
identified in paragraphs (e)(2)(i) through (e)(2)(iii) of this section 
constitutes compliance with all other emissions requirements for other 
emission streams.
    (i) The requirements of Sec. 63.982(b) for process vents, including 
applicable

[[Page 55204]]

monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 63.982(c) for high throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec. 63.982(a) for control of emissions 
from storage vessels or low throughput transfer racks, including 
applicable monitoring, recordkeeping, and reporting.


Sec. 63.983  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. The 
provisions of this paragraph apply to closed vent systems collecting 
regulated material from a regulated source.
    (1) Collection of emissions. Each closed vent system shall be 
designed and operated to collect the regulated material vapors from the 
emission point, and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with 
the provisions of this subpart shall be operated at all times when 
emissions are vented to, or collected by, them.
    (3) Bypass monitoring. Except for equipment needed for safety 
purposes such as pressure relief devices, low leg drains, high point 
bleeds, analyzer vents, and open-ended valves or lines, the owner or 
operator shall comply with the provisions of either paragraphs 
(a)(3)(i) or (a)(3)(ii) of this section for each closed vent system 
that contains bypass lines that could divert a vent stream to the 
atmosphere.
    (i) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.998(d)(1)(ii)(B). The flow indicator 
shall be installed at the entrance to any bypass line.*ERR08*
    (ii) Secure the bypass line valve in the non-diverting position 
with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure the valve is maintained in the non-diverting 
position and the vent stream is not diverted through the bypass line. 
Records shall be generated as specified in Sec. 63.998(d)(1)(i)(B).
    (4) Loading arms at transfer racks. Each closed vent system 
collecting regulated material from a transfer rack shall be designed 
and operated so that regulated material vapors collected at one loading 
arm will not pass through another loading arm in the rack to the 
atmosphere.
    (5) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's closed vent system shall open to the atmosphere 
during loading. Pressure relief devices needed for safety purposes are 
not subject to this paragraph.
    (b) Closed vent system inspection requirements. The provisions of 
this subpart apply to closed vent systems collecting regulated material 
from a regulated source. Inspection records shall be generated as 
specified in Sec. 63.998(d)(1)(iii) and (d)(1)(iv).
    (1) Except for closed vent systems operated and maintained under 
negative pressure, and any closed vent systems that are designated as 
unsafe or difficult to inspect as provided in paragraphs (b)(2) and 
(b)(3) of this section, each closed vent system shall be inspected as 
specified in paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) If the closed vent system is constructed of hard-piping, the 
owner or operator shall comply with the requirements specified in 
paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) of this section.
    (A) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section; and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the 
owner or operator shall conduct an initial and annual inspection 
according to the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated, as 
described in Sec. 63.998(d)(1)(i), as unsafe to inspect are exempt from 
the inspection requirements of paragraph (b)(1) of this section if the 
conditions of paragraphs (b)(2)(i) and (b)(2)(ii) of this section are 
met.
    (i) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph (b)(1) 
of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as 
described in Sec. 63.998(d)(1)(i), as difficult-to-inspect are exempt 
from the inspection requirements of paragraph (b)(1) of this section if 
the provisions of paragraphs (b)(3)(i) and (b)(3)(ii) of this section 
apply.
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (c) Closed vent system inspection procedures. The provisions of 
this paragraph apply to closed vent systems collecting regulated 
material from a regulated source.
    (1) Each closed vent system subject to this paragraph shall be 
inspected according to the procedures specified in paragraphs (c)(1)(i) 
through (c)(1)(vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A, except as specified in this section.
    (ii) Except as provided in (c)(1)(iii) of this section, the 
detection instrument shall meet the performance criteria of Method 21 
of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the 
representative composition of the process fluid and not of each 
individual VOC in the stream. For process streams that contain 
nitrogen, air, or other inerts that are not organic HAP or VOC, the 
representative stream response factor shall be determined on an inert-
free basis. The response factor may be determined at any concentration 
for which the monitoring for leaks will be conducted.
    (iii) If no instrument is available at the plant site that will 
meet the performance criteria of Method 21 specified in paragraphs 
(c)(1)(ii) of this section, the instrument readings may be adjusted by 
multiplying by the representative response factor of the process fluid, 
calculated on an inert-free basis as described in paragraphs (c)(1)(ii) 
of this section.
    (iv) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 40 CFR 
part 60, appendix A.
    (v) Calibration gases shall be as specified in paragraphs 
(c)(1)(v)(A) through (c)(1)(v)(C) of this section.
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(c)(1)(ii) of this section. In such cases, the calibration gas may be a

[[Page 55205]]

mixture of one or more of the compounds to be measured in air.
    (C) If the detection instrument's design allows for multiple 
calibration scales, then the lower scale shall be calibrated with a 
calibration gas that is no higher than 2,500 parts per million.
    (vi) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects not 
to adjust readings for background, all such instrument readings shall 
be compared directly to 500 parts per million to determine whether 
there is a leak. If an owner or operator elects to adjust instrument 
readings for background, the owner or operator shall measure background 
concentration using the procedures in this section. The owner or 
operator shall subtract the background reading from the maximum 
concentration indicated by the instrument.
    (vii) If the owner or operator elects to adjust for background, the 
arithmetic difference between the maximum concentration indicated by 
the instrument and the background level shall be compared with 500 
parts per million for determining whether there is a leak.
    (2) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (3) Except as provided in paragraph (c)(4) of this section, 
inspections shall be performed when the equipment is in regulated 
material service, or in use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated 
material from a transfer rack shall be performed only while a tank 
truck or railcar is being loaded or is otherwise pressurized to normal 
operating conditions with regulated material or any other detectable 
gas or vapor.
    (d) Closed vent system leak repair provisions. The provisions of 
this paragraph apply to closed vent systems collecting regulated 
material from a regulated source.
    (1) If there are visible, audible, or olfactory indications of 
leaks at the time of the annual visual inspections required by 
paragraph (b)(1)(i)(B) of this section, the owner or operator shall 
follow the procedure specified in either paragraph (d)(1)(i) or 
(d)(1)(ii) of this section.
    (i) The owner or operator shall eliminate the leak.
    (ii) The owner or operator shall monitor the equipment according to 
the procedures in paragraph (c) of this section.
    (2) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practical, except as provided in paragraph 
(d)(3) of this section. Records shall be generated as specified in 
Sec. 63.998(d)(1)(iii) when a leak is detected.
    (i) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (ii) Except as provided in paragraph (d)(2) of this section, 
repairs shall be completed no later than 15 calendar days after the 
leak is detected or at the beginning of the next introduction of vapors 
to the system, whichever is later.
    (3) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair within 15 days after a leak is 
detected is technically infeasible without a closed vent system 
shutdown, as defined in the referencing subpart, or if the owner or 
operator determines that emissions resulting from immediate repair 
would be greater than the emissions likely to result from delay of 
repair. Repair of such equipment shall be completed as soon as 
practical, but not later than the end of the next closed vent system 
shutdown.


Sec. 63.984  Fuel gas systems and processes to which storage vessel, 
transfer rack, or equipment leak regulated material emissions are 
routed.

    (a) Equipment and operating requirements for fuel gas systems and 
processes. (1) Except as provided in the referencing subpart, the fuel 
gas system or process shall be operating at all times when regulated 
material emissions are routed to it.
    (2) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's system returning vapors to a fuel gas system or 
process shall open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to this paragraph.
    (3) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's system returning vapors to a fuel gas system or 
process shall open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to this paragraph.
    (b) Fuel gas system and process compliance determination. (1) If 
emissions are routed to a fuel gas system, there is no requirement to 
conduct a performance test or design evaluation.
    (2) If emissions are routed to a process, the regulated material in 
the emissions shall meet one or more of the conditions specified in 
paragraphs (b)(2)(i) through (b)(2)(iv) of this section. The owner or 
operator of storage vessels subject to this paragraph shall comply with 
the compliance demonstration requirements in paragraph (b)(3) of this 
section.
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (3) To demonstrate compliance with paragraph (b)(2) of this section 
for a storage vessel, the owner or operator shall prepare a design 
evaluation (or engineering assessment) that demonstrates the extent to 
which one or more of the conditions specified in paragraphs (b)(2)(i) 
through (b)(2)(iv) of this section are being met. The owner or operator 
shall submit the design evaluation as specified in 
Sec. 63.999(b)(3)(iii).
    (c) Statement of connection. For storage vessels and transfer 
racks, the owner or operator shall submit the reports specified in 
Sec. 63.999(b)(1)(ii) and/or (b)(1)(iii), as appropriate.


Sec. 63.985  Nonflare control devices used to control emissions from 
storage vessels and low throughput transfer racks.

    (a) Nonflare control device equipment and operating requirements. 
The owner or operator shall operate and maintain the nonflare control 
device so that the monitored parameters defined as required in 
paragraph (c) of this section remain within the ranges specified in the 
Initial Compliance Status Report whenever emissions of regulated 
material are routed to the control device except during periods of 
startup, shutdown, and malfunction.
    (b) Nonflare control device design evaluation or performance test 
requirements. When using a control device other than a flare, the owner 
or operator shall comply with the requirements in paragraphs (b)(1)(i), 
(b)(1)(ii), or (b)(1)(iii) of this section, except as provided in 
paragraph (b)(2) of this section.
    (1) Unless a design evaluation or performance test is required in 
the referencing subpart or was previously conducted and submitted for a 
storage vessel or low-throughput transfer rack, the owner or operator 
shall either

[[Page 55206]]

prepare and submit with the Initial Compliance Status Report, as 
specified in Sec. 63.999(b)(5), a design evaluation that includes the 
information specified in paragraph (b)(1)(i) of this section, or the 
results of the performance test as described in paragraph (b)(1)(ii) or 
(b)(1)(iii) of this section.
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency during the reasonably expected maximum 
storage vessel filling or transfer loading rate. This documentation is 
to include a description of the gas stream that enters the control 
device, including flow and regulated material content, and additionally 
for storage vessels, under varying liquid level conditions, and the 
information specified in paragraphs (b)(1)(i)(A) through (b)(1)(i)(E) 
of this section, as applicable. This documentation shall be submitted 
with the Initial Compliance Status Report as specified in 
Sec. 63.999(b)(2).
    (A) The efficiency determination is to include consideration of all 
vapors, gases, and liquids, other than fuels, received by the control 
device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
an emission reduction requirement specified in a referencing subpart 
for storage vessels and transfer racks, documentation that those 
conditions exist is sufficient to meet the requirements of paragraph 
(b)(1)(i) of this section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section, 
for enclosed combustion devices, the design evaluation shall include 
the estimated autoignition temperature of the stream being combusted, 
the flow rate of the stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
estimated affinity of the regulated material vapors for carbon, the 
amount of carbon in each bed, the number of beds, the humidity, the 
temperature, the flow rate of the inlet stream and, if applicable, the 
desorption schedule, the regeneration stream pressure or temperature, 
and the flow rate of the regeneration stream. For vacuum desorption, 
pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the stream vapors, the type of condenser, and the design 
flow rate of the emission stream.
    (ii) Performance test. A performance test is acceptable to 
demonstrate compliance with emission reduction requirements for storage 
vessels and transfer racks. The owner or operator is not required to 
prepare a design evaluation for the control device as described in 
paragraph (b)(1)(i) of this section if a performance test will be 
performed that meets the criteria specified in paragraphs (b)(1)(ii)(A) 
and (b)(1)(ii)(B) of this section.
    (A) The performance test will demonstrate that the control device 
achieves greater than or equal to the required control device 
performance level specified in a referencing subpart for storage 
vessels and transfer racks; and
    (B) The performance test meets the applicable performance test 
requirements and the results are submitted as part of the Initial 
Compliance Status Report as specified in Sec. 63.999(b)(2).
    (iii) If the control device used to comply with storage vessel or 
with low-throughput transfer rack control requirements is also used to 
comply with process vent or nonlow throughput transfer rack control 
requirements, a performance test required by Secs. 63.988(b), 
63.989(b), 63.990(b), 63.991(b), 63.992(b), or 63.995(b) is acceptable 
to demonstrate compliance with storage vessel and low throughput 
transfer rack control requirements. The owner or operator is not 
required to prepare a design evaluation for the control device as 
described in paragraph (b)(1)(i) of this section, if a performance test 
will be performed that meets the criteria specified in paragraphs 
(b)(1)(iii)(A) and (b)(1)(iii)(B) of this section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required efficiency specified in 
the referencing subpart for storage vessels or transfer racks; and
    (B) The performance test is submitted as part of the Initial 
Compliance Status Report as specified in Sec. 63.999(b)(2).
    (2) A design evaluation or performance test is not required if the 
owner or operator uses a combustion device meeting the criteria in 
paragraph (b)(2)(i), (b)(2)(ii), (b)(2)(iii), or (b)(2)(iv) of this 
section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(ii)(A) or (b)(2)(ii)(B) of this section.
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H, or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (iii) A hazardous waste incinerator for which the owner or operator 
meets the requirements specified in paragraph (b)(2)(iii)(A) or 
(b)(2)(iii)(B) of this section.
    (A) The incinerator has been issued a final permit under 40 CFR 
part 270 and complies with the requirements of 40 CFR part 264, subpart 
O; or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 265, subpart O.
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (c) Nonflare control device monitoring requirements. (1) The owner 
or operator shall submit with the Initial Compliance Status Report, a 
monitoring plan containing the information specified in 
Sec. 63.999(b)(2) to identify the parameters that will be monitored to 
assure proper operation of the control device.
    (2) The owner or operator shall monitor the parameters specified in 
the Initial Compliance Status Report, in the operating permit. Records 
shall be generated as specified in Sec. 63.998(d)(2)(i).


Sec. 63.986  Nonflare control devices used for equipment leaks only.

    (a) Equipment and operating requirements. (1) Owners or operators 
using a nonflare control device to meet the applicable requirements of 
a referencing subpart for equipment leaks shall meet the requirements 
of this section.
    (2) Control devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Performance test requirements. A performance test is not 
required for any control device used only to control emissions from 
equipment leaks.
    (c) Monitoring requirements. Owners or operators of control devices 
that are used to comply only with the provisions of a referencing 
subpart for control of equipment leak emissions shall monitor these 
control devices to ensure that they are operated and maintained in 
conformance with their design. The owner or operator shall maintain the 
records as specified in Sec. 63.998(d)(4).


Sec. 63.987  Flare requirements.

    (a) Flare equipment and operating requirements. Flares subject to 
this subpart shall meet the performance

[[Page 55207]]

requirements of paragraphs (a)(1) through (a)(7) of this section.
    (1) Flares shall be operated at all times when emissions are vented 
to them.
    (2) Flares shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (b)(3)(i) 
of this section, except for periods not to exceed a total of 5 minutes 
during any two consecutive hours.
    (3) Flares shall be operated with a flare flame or at least one 
pilot flame present at all times, as determined by the methods 
specified in paragraph (c) of this section.
    (4) Flares shall be used only when the net heating value of the gas 
being combusted is 11.2 megajoules per standard cubic meter (300 
British thermal units per standard cubic foot) or greater if the flare 
is steam-assisted or air-assisted; or when the net heating value of the 
gas being combusted is 7.45 megajoules per standard cubic meter (200 
British thermal units per standard cubic foot) or greater if the flare 
is nonassisted. The net heating value of the gas being combusted shall 
be determined by the methods specified in paragraph (b)(3)(ii) of this 
section.
    (5) Flares used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
    (6) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (b)(3)(iii) of this section, of less than 18.3 meters per 
second (60 feet per second), except as provided in paragraphs (a)(6)(i) 
and (a)(6)(ii) of this section, as applicable.
    (i) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (b)(3)(iii) of this section, equal to or less than 122 
meters per second (400 feet per second) if the net heating value of the 
gas being combusted is greater than 37.3 megajoules per standard cubic 
meter (1,000 British thermal units per standard cubic foot).
    (ii) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (b)(3)(iii) of this section, of less than the 
velocity, Vmax, and less than 122 meters per second (400 
feet per second), where the maximum permitted velocity, 
Vmax, is determined by the following equation.
[GRAPHIC] [TIFF OMITTED] TP14OC98.003

Where:

Vmax = Maximum permitted velocity, meters per second
28.8 = Constant
31.7 = Constant
HT = The net heating value as determined in paragraph 
(b)(3)(ii) of this section.

    (7) Air-assisted flares shall be designed for and operated with an 
exit velocity as determined by the methods specified in paragraph 
(b)(3)(iii) of this section less than the velocity, Vmax, 
where the maximum permitted velocity, Vmax, is determined by 
the following equation.
[GRAPHIC] [TIFF OMITTED] TP14OC98.004

Where:

Vmax = Maximum permitted velocity, meters per second
8.706 = Constant
0.7084 = Constant
HT = The net heating value as determined in paragraph 
(b)(3)(ii) of his section.

    (b) Flare compliance determination.
    (1) The owner or operator shall conduct an initial flare compliance 
determination of any flare used to comply with the provisions of this 
subpart. Flare compliance determination records shall be kept as 
specified in Sec. 63.998(a)(1) and a flare compliance determination 
report shall be submitted as specified in Sec. 63.999(a)(2). An owner 
or operator is not required to conduct a performance test to determine 
percent emission reduction or outlet regulated material or total 
organic compound concentration when a flare is used.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a flare to replace an existing 
control device at a later date, the owner or operator shall notify the 
Administrator, either by amendment of the regulated source's title V 
permit or, if title V is not applicable, by submission of the notice 
specified in Sec. 63.999(b)(7) before implementing the change. Upon 
implementing the change, a flare compliance determination shall be 
performed using the methods specified in paragraph (b)(3) of this 
section within 180 days. The compliance determination report shall be 
submitted to the Administrator within 60 days of completing the 
determination as provided in Sec. 63.999(a)(2)(ii). If an owner or 
operator elects to use a flare to replace an existing final recovery 
device that is used on an applicable process vent, the owner or 
operator shall comply with the applicable provisions in referencing 
subpart.
    (3) Flare compliance determinations shall meet the requirements 
specified in paragraphs (b)(3)(i) through (b)(3)(iv) of this section.
    (i) Method 22 of appendix A of part 60 shall be used to determine 
the compliance of flares with the visible emission provisions of this 
subpart. The observation period is 2 hours, except for transfer racks 
as provided in (b)(3)(i)(A) or (b)(3)(i)(B) of this section.
    (A) For transfer racks, if the loading cycle is less than 2 hours, 
then the observation period for that run shall be for the entire 
loading cycle.
    (B) For transfer racks, if additional loading cycles are initiated 
within the 2-hour period, then visible emissions observations shall be 
conducted for the additional cycles.
    (ii) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.005

Where:

HT = Net heating value of the sample, megajoules per 
standard cubic meter; where the net enthalpy per mole of offgas is 
based on combustion at 25  deg.C and 760 millimeters of mercury (30 
inches of mercury), but the standard temperature for determining the 
volume corresponding to one mole is 20  deg.C;

[[Page 55208]]

K1 = 1.740  x  10-7 (parts per million by 
volume)-1 (gram-mole per standard cubic meter) (megajoules per 
kilocalories), where the standard temperature for gram mole per 
standard cubic meter is 20  deg.C;
Dj = Concentration of sample component j, in parts per 
million by volume on a wet basis, as measured for organics by Method 18 
of part 60, appendix A and measured for hydrogen and carbon monoxide by 
American Society for Testing and Materials (ASTM) D1946-77; and
Hj = Net heat of combustion of sample component j, 
kilocalories per gram mole at 25  deg.C and 760 millimeters of mercury 
(30 inches of mercury). The heat of combustion of stream components may 
be determined using ASTM D2382-76 if published values are not available 
or cannot be calculated.

    (iii) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flowrate (in units of standard temperature and 
pressure), as determined by Methods 2, 2A, 2C, or 2D of 40 CFR part 60, 
appendix A as appropriate; by the unobstructed (free) cross sectional 
area of the flare tip.
    (iv) Flare flame or pilot monitors, as applicable, shall be 
operated during any flare compliance determination.
    (c) Flare monitoring requirements. Where a flare is used, the 
following monitoring equipment is required: a device (including but not 
limited to a thermocouple, ultra-violet beam sensor, or infrared 
sensor) capable of continuously detecting that at least one pilot flame 
or the flare flame is present. Flame monitoring and compliance records 
shall be kept as specified in Sec. 63.998(a)(1).


Sec. 63.988  Incinerators.

    (a) Incinerator equipment and operating requirements. (1) Owners or 
operators using incinerators to meet a weight-percent emission 
reduction or parts per million by volume outlet concentration 
requirement specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Incinerators used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times 
when emissions are vented to them.
    (b) Incinerator performance test requirements. (1) Except as 
specified in Sec. 63.997(b), and paragraph (b)(2) of this section, the 
owner or operator shall conduct an initial performance test of any 
incinerator used to comply with the provisions of a referencing subpart 
and this subpart according to the procedures in Secs. 63.997(a) through 
(e). Performance test records shall be kept as specified in 
Sec. 63.998(a)(2)(i) and (a)(2)(ii) and a performance test report shall 
be submitted as specified in Sec. 63.999(a). As provided in 
Sec. 63.985(b)(1), a performance test may be used as an alternative to 
the design evaluation for storage vessels and low throughput transfer 
rack controls. As provided in Sec. 63.986(b), no performance test is 
required for equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test for a hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (3) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use an incinerator to replace an 
existing control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 63.999(b)(7) before implementing the change. 
Upon implementing the change, an incinerator performance test shall be 
performed, using the methods specified in Sec. 63.997(a) through (e) 
within 180 days, if required by paragraph (b)(1) of this section. The 
performance test report shall be submitted to the Administrator within 
60 days of completing the determination, as provided in 
Sec. 63.999(a)(1)(ii).
    (c) Incinerator monitoring requirements. (1) Where an incinerator 
is used, a temperature monitoring device capable of providing a 
continuous record that meets the provisions specified in paragraph 
(c)(1)(i) or (c)(1)(ii) of this section is required. Monitoring results 
shall be recorded as specified in Sec. 63.998(b). General requirements 
for monitoring and continuous parameter monitoring systems are 
contained in the referencing subpart and Sec. 63.996.
    (i) Where an incinerator other than a catalytic incinerator is 
used, a temperature monitoring device shall be installed in the fire 
box or in the ductwork immediately downstream of the fire box in a 
position before any substantial heat exchange occurs.
    (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) The owner or operator shall establish a range for monitored 
parameters that indicate proper operation of the incinerator. In order 
to establish the range, the information required in Sec. 63.999(b)(3) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications of 
Sec. 63.997(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 63.989  Boilers and process heaters.

    (a) Boiler and process heater equipment and operating requirements. 
(1) Owners or operators using boilers and process heaters to meet a 
weight-percent emission reduction or parts per million by volume outlet 
concentration requirement specified in a referencing subpart shall meet 
the requirements of this section.
    (2) The vent stream shall be introduced into the flame zone of the 
boiler or process heater.
    (3) Boilers and process heaters used to comply with the provisions 
of a referencing subpart and this subpart shall be operated at all 
times when emissions are vented to them.
    (b) Boiler and process heater performance test requirements. (1) 
Except as specified in Sec. 63.997(b), and paragraph (b)(2) of this 
section, the owner or operator shall conduct an initial performance 
test of any boiler or process heater used to comply with the provisions 
of a referencing subpart and this subpart according to the procedures 
in Sec. 63.997(a) through (e). Performance test records shall be kept 
as specified in Sec. 63.998(a)(2)(i) and (a)(2)(ii) and a performance 
test report shall be submitted as specified in Sec. 63.999(a). As 
provided in Sec. 63.985(b)(1), a performance test may be used as an 
alternative to the design evaluation for storage vessels and low 
throughput transfer rack control requirements. As provided in 
Sec. 63.986(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test when any of the control devices specified in paragraphs (b)(2)(i) 
through (b)(2)(iii) are used.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements

[[Page 55209]]

specified in paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this 
section.
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (3) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a boiler or process heater to 
replace an existing control device at a later date, the owner or 
operator shall notify the Administrator, either by amendment of the 
regulated source's title V permit or, if title V is not applicable, by 
submission of the notice specified in Sec. 63.999(b)(7) before 
implementing the change. Upon implementing the change, a boiler or 
process heater performance test shall be performed using the methods 
specified in Sec. 63.997(a) through (e) within 180 days, if required by 
paragraph (b)(1) of this section. The performance test report shall be 
submitted to the Administrator within 60 days of completing the 
determination as provided in Sec. 63.999(a)(2)(ii).
    (c) Boiler and process heater monitoring requirements. (1) Where a 
boiler or process heater of less than 44 megawatts (150 million British 
thermal units per hour) design heat input capacity is used and the 
regulated vent stream is not introduced as or with the primary fuel, a 
temperature monitoring device in the fire box capable of providing a 
continuous record is required. Any boiler or process heater in which 
all vent streams are introduced with primary fuel or are used as the 
primary fuel is exempt from monitoring. Monitoring results shall be 
recorded as specified in Sec. 63.998(b). General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
the referencing subpart and Sec. 63.996.
    (2) Where monitoring is required, the owner or operator shall 
establish a range for monitored parameters that indicates proper 
operation of the boiler or process heater. In order to establish the 
range, the information required in Sec. 63.999(b)(3) shall be submitted 
in the Initial Compliance Status Report or the operating permit 
application or amendment. The range may be based upon a prior 
performance test meeting the specifications of Sec. 63.997(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 63.990  Absorbers used as control devices.

    (a) Absorber equipment and operating requirements. (1) Owners or 
operators using absorbers to meet a weight-percent or parts per million 
by volume outlet concentration requirement specified in a referencing 
subpart shall meet the requirements of this section.
    (2) Absorbers used to comply with the provisions of a referencing 
subpart and this subpart shall be operated at all times when emissions 
are vented to them.
    (b) Absorber performance test requirements. (1) Except as specified 
in Sec. 63.997(b), the owner or operator shall conduct an initial 
performance test of any absorber used as a recapture device to comply 
with the provisions of the referencing subpart and this subpart 
according to the procedures in Sec. 63.997(a) through (e). Performance 
test records shall be kept as specified in Sec. 63.998(a)(2)(i) and 
(a)(2)(ii) and a performance test report shall be submitted as 
specified in Sec. 63.999(a). As provided in Sec. 63.985(b)(1), a 
performance test may be used as an alternative to the design evaluation 
for storage vessels and low throughput transfer rack controls. As 
provided in Sec. 63.986(b), no performance test is required to 
demonstrate compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use an absorber to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 63.999(b)(7) before implementing the change. 
Upon implementing the change, the provisions specified in paragraphs 
(b)(2)(i) or (b)(2)(ii) as applicable shall be followed.
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with an absorber 
used as a control device, the owner or operator shall comply with the 
applicable applicability determination provisions of a referencing 
subpart.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a process vent or a transfer rack with an 
absorber used as a control device, the owner or operator shall perform 
a performance test using the methods specified in Sec. 63.997(a) 
through (e) within 180 days. The performance test report shall be 
submitted to the Administrator within 60 days of completing the test as 
provided in Sec. 63.999(a)(2)(ii).
    (c) Absorber monitoring requirements. (1) Where an absorber is used 
as a control device, either an organic monitoring device capable of 
providing a continuous record or a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device, each 
capable of providing a continuous record, shall be used. Monitoring 
results shall be recorded as specified in Sec. 63.998(b). General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in a referencing subpart and Sec. 63.996.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the absorber. In order to 
establish the range, the information required in Sec. 63.999(b)(3) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications of 
Sec. 63.997(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 63.991  Condensers used as control devices.

    (a) Condenser equipment and operating requirements. (1) Owners or 
operators using condensers to meet a weight-percent emission reduction 
or parts per million by volume outlet concentration requirement 
specified in a referencing subpart shall meet the requirements of this 
section.
    (2) Condensers used to comply with the provisions of a referencing 
subpart and this subpart shall be operated at all times when emissions 
are vented to them.
    (b) Condenser performance test requirements. (1) Except as 
specified in Sec. 63.997(b), the owner or operator shall conduct an 
initial performance test of any condenser used as a recapture device to 
comply with the provisions of a referencing subpart and this subpart 
according to the procedures in Sec. 63.997(a) through (e). Performance 
test records shall be kept as specified in Sec. 63.998(a)(2)(i) and 
(a)(2)(ii) and a performance test report shall be submitted as 
specified in Sec. 63.999(a). As provided in Sec. 63.985(b)(1), a 
performance test may be used as an alternative to the design evaluation 
for storage vessels and low throughput transfer rack controls. As 
provided in Sec. 63.986(b), no performance test is required to 
demonstrate compliance for equipment leaks.

[[Page 55210]]

    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a condenser to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 63.999(b)(7) before implementing the change. 
Upon implementing the change, the provisions specified in paragraphs 
(b)(2)(i) or (b)(2)(ii) of this section, as applicable, shall be 
followed.
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with a condenser 
used as a control device, the owner or operator shall comply with the 
applicable applicability determination provisions of a referencing 
subpart.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a process vent or a transfer rack with a 
condenser used as a control device, the owner or operator shall perform 
a performance test using the methods specified in Sec. 63.997(a) 
through (e) within 180 days. The performance test report shall be 
submitted to the Administrator within 60 days of completing the test as 
provided in Sec. 63.999(a)(2)(ii).
    (c) Condenser monitoring requirements. (1) Where a condenser is 
used as a control device, an organic monitoring device capable of 
providing a continuous record or a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used. Monitoring results shall be recorded as specified in 
Sec. 63.998(b). General requirements for monitoring and continuous 
parameter monitoring systems are contained in a referencing subpart and 
Sec. 63.999(b)(iii).
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of a condenser. In order to 
establish the range, the information required in Sec. 63.999(b)(5) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications in 
Sec. 63.997(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 63.992  Carbon adsorbers used as control devices.

    (a) Carbon adsorber equipment and operating requirements. (1) 
Owners or operators using carbon adsorbers to meet a weight-percent 
emission reduction or parts per million by volume outlet concentration 
requirement specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Carbon adsorbers used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times 
when emissions are vented to them.
    (b) Carbon adsorber performance test requirements. (1) Except as 
specified in Sec. 63.997(b), the owner or operator shall conduct an 
initial performance test of any carbon absorber used as a control 
device to comply with the provisions of a referencing subpart and this 
subpart according to the procedures in Sec. 63.997(a) through (e). 
Performance test records shall be kept as specified in 
Sec. 63.998(a)(1) and (a)(2) and a performance test report shall be 
submitted as specified in Sec. 63.999(a). As provided in 
Sec. 63.985(b)(1), a performance test may be used as an alternative to 
the design evaluation for storage vessels and low-throughput transfer 
rack controls. As provided in Sec. 63.986(b), no performance test is 
required to demonstrate compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a carbon adsorber to replace an 
existing recovery or control device at a later date, the owner or 
operator shall notify the Administrator, either by amendment of the 
regulated source's title V permit or, if title V is not applicable, by 
submission of the notice specified in Sec. 63.999(b)(7) before 
implementing the change. Upon implementing the change, the provisions 
specified in paragraphs (b)(2)(i) or (b)(2)(ii), as applicable, shall 
be followed.
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with a carbon 
adsorber used as a control device, the owner or operator shall comply 
with the applicable applicability determination provisions of a 
referencing subpart.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a process vent or transfer rack with a 
carbon adsorber used as a recapture device, the owner or operator shall 
perform a performance test using the methods specified in Sec. 63.997 
(a) through (e) within 180 days. The performance test report shall be 
submitted to the Administrator within 60 days of completing the test as 
provided in Sec. 63.999(a)(2)(ii).
    (c) Carbon adsorber monitoring requirements. (1) Where a carbon 
adsorber is used as a control device, an organic monitoring device 
capable of providing a continuous record or an integrating regeneration 
stream flow monitoring device having an accuracy of 10 
percent or better, capable of recording the total regeneration stream 
mass or volumetric flow for each regeneration cycle; and a carbon bed 
temperature monitoring device, capable of recording the carbon bed 
temperature after each regeneration and within 15 minutes of completing 
any cooling cycle shall be used. Monitoring results shall be recorded 
as specified in Sec. 63.998(b). General requirements for monitoring and 
continuous parameter monitoring systems are contained in a referencing 
subpart and Sec. 63.996.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the carbon adsorber. 
Where the regeneration stream flow and carbon-bed temperature are 
monitored, the range shall be in terms of the total regeneration stream 
flow per regeneration cycle and the temperature of the carbon bed 
determined within 15 minutes of the completion of the regeneration 
cooling cycle. In order to establish the range, the information 
required in Sec. 63.999(b)(3) shall be submitted in the Initial 
Compliance Status Report or the operating permit application or 
amendment. The range may be based upon a prior performance test meeting 
the specifications in Sec. 63.997(b)(1) or upon existing ranges or 
limits established under a referencing subpart.


Sec. 63.993  Absorbers, condensers, carbon adsorbers and other recovery 
devices used as final recovery.

    (a) Final recovery device equipment and operating requirements. (1) 
Owners or operators using a recovery device to meet the requirement to 
operate to maintain a TRE above a level specified in a referencing 
subpart shall meet the requirements of this section.
    (2) Recovery devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times 
when emissions are vented to them.
    (b) Recovery device performance test requirements. (1) There are no 
performance test requirements for recovery devices. TRE index value 
determination records shall be generated as specified in 
Sec. 63.998(a)(3).
    (2) Replace a final recovery device or control device. Unless 
already permitted by the applicable title V permit, if an owner or 
operator elects to use a recovery device to replace an existing final 
recovery or control device at a later

[[Page 55211]]

date, the owner or operator shall notify the Administrator, either by 
amendment of the regulated source's title V permit or, if title V is 
not applicable, by submission of the notice specified in Sec. 63.999(d) 
before implementing the change. Upon implementing the change, the owner 
or operator shall comply with the applicable applicability 
determination provisions of a referencing subpart.
    (c) Recovery device monitoring requirements. (1) Where an absorber 
is the final recovery device in the recovery system and the TRE index 
value is between the level specified in a referencing subpart and 4.0, 
either an organic monitoring device capable of providing a continuous 
record or a scrubbing liquid temperature monitoring device and a 
specific gravity monitoring device, each capable of providing a 
continuous record shall be used. General requirements for monitoring 
and continuous parameter monitoring systems are contained in 
Sec. 63.996.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between the level specified in a 
referencing subpart and 4.0, an organic monitoring device capable of 
providing a continuous record or a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used. General requirements for monitoring and continuous 
parameter monitoring systems are contained in a referencing subpart and 
Sec. 63.996.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between the level specified 
in a referencing subpart and 4.0, an organic monitoring device capable 
of providing a continuous record or an integrating regeneration stream 
flow monitoring device having an accuracy of 10 percent or 
better, capable of recording the total regeneration stream mass or 
volumetric flow for each regeneration cycle; and a carbon-bed 
temperature monitoring device, capable of recording the carbon-bed 
temperature after each regeneration and within 15 minutes of completing 
any cooling cycle shall be used. Monitoring results shall be recorded 
as specified in Sec. 63.998(b). General requirements for monitoring and 
continuous parameter monitoring systems are contained in a referencing 
subpart and Sec. 63.996.
    (4) If an owner or operator uses a recovery device other than those 
listed in this subpart, the owner or operator shall submit a 
description of planned monitoring, reporting and recordkeeping 
procedures as required under Sec. 63.998(c)(5). The Administrator will 
approve or deny the proposed monitoring, reporting and recordkeeping 
requirements as part of the review of the submission or permit 
application or by other appropriate means.
    (5) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the recovery device. In 
order to establish the range, the information required in 
Sec. 63.999(b)(3) shall be submitted in the Initial Compliance Status 
Report or the operating permit application or amendment. The range may 
be based upon a prior performance test meeting the specifications in 
Sec. 63.997(b)(1) or upon existing ranges or limits established under a 
referencing subpart. Where the regeneration stream flow and carbon-bed 
temperature are monitored, the range shall be in terms of the total 
regeneration stream flow per regeneration cycle and the temperature of 
the carbon-bed determined within 15 minutes of the completion of the 
regeneration cooling cycle.


Sec. 63.994  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment 
and operating requirements. (1) An owner or operator of a halogen 
scrubber or other halogen reduction device subject to this subpart 
shall reduce the overall emissions of hydrogen halides and halogens by 
the control device performance level specified in a referencing 
subpart.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of a referencing subpart and this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance 
test requirements. (1) An owner or operator of a combustion device 
followed by a halogen scrubber or other halogen reduction device to 
control halogenated vent streams in accordance with a referencing 
subpart and this subpart shall conduct an initial performance test to 
determine compliance with the control efficiency or emission limits for 
hydrogen halides and halogens according to the procedures in 
Sec. 63.997(a) through (e). Performance test records shall be kept as 
specified in Sec. 63.998(a)(1) and (a)(2) and a performance test report 
shall be submitted as specified in Sec. 63.999(a).
    (2) An owner or operator of a halogen scrubber or other halogen 
reduction technique to reduce the vent stream halogen atom mass 
emission rate prior to a combustion device to comply with a performance 
level specified in a referencing subpart shall determine the halogen 
atom mass emission rate prior to the combustor according to the 
procedures specified in the referencing subpart. Records of the halogen 
concentration in the vent stream shall be generated as specified in 
Sec. 63.998(a)(4).
    (c) Halogen scrubber and other halogen reduction device monitoring 
requirements. (1) Where a halogen scrubber is used, the monitoring 
equipment specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this 
section is required for the scrubber. Monitoring results shall be 
recorded as specified in Sec. 63.998(b). General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
a referencing subpart and Sec. 63.996.
    (i) A pH monitoring device capable of providing a continuous record 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter capable of providing a continuous record shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(c)(1)(ii)(A) through (c)(1)(ii)(D) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) The owner or operator may measure the gas stream flow at the 
scrubber inlet.
    (C) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for the process unit 
of which it is part as specified in a referencing subpart, the owner or 
operator may determine gas stream flow by the method that had been 
utilized to comply with those regulations. A determination that was 
conducted prior to that compliance date may be utilized to comply with 
this subpart if it is still representative.
    (D) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method that will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method that will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than startups, shutdowns, or malfunctions. The plan shall include 
a

[[Page 55212]]

description of the methodology to be followed and an explanation of how 
the selected methodology will reliably determine the gas stream flow, 
and a description of the records that will be maintained to document 
the determination of gas stream flow. The owner or operator shall 
maintain the plan as specified in a referencing subpart.
    (2) Where a halogen reduction device other than a scrubber is used, 
the procedures in Sec. 63.998(c)(5) shall be followed to establish 
monitoring parameters.
    (3) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the scrubber or other 
halogen reduction device. In order to establish the range, the 
information required in Sec. 63.999(b)(3) shall be submitted in the 
Initial Compliance Status Report or the operating permit application or 
amendment. The range may be based upon a prior performance test meeting 
the specifications in Sec. 63.997(b)(1) or upon existing ranges or 
limits established under a referencing subpart.


Sec. 63.995  Other control devices.

    (a) Other control device equipment and operating requirements. (1) 
Owners or operators using another control device other than one listed 
in Secs. 63.987 through 63.992 to meet a weight-percent emission 
reduction or parts per million by volume outlet concentration 
requirement specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Other control devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times 
when emissions are vented to them.
    (b) Other control device performance test requirements. An owner or 
operator of a control device other than those specified in Secs. 63.987 
through 63.992, to comply with a performance level specified in a 
referencing subpart shall perform an initial performance test according 
to the procedures in Sec. 63.997(a) through (e). Performance test 
records shall be kept as specified in Sec. 63.998(a)(1) and (a)(2) and 
a performance test report shall be submitted as specified in 
Sec. 63.999(a).
    (c) Other control device monitoring requirements. (1) If an owner 
or operator uses a control device other than those listed in this 
subpart, the owner or operator shall submit a description of planned 
monitoring, recordkeeping and reporting procedures as required under 
Sec. 63.998(c)(5). The Administrator will approve, deny, or modify 
based on the reasonableness of the proposed monitoring, reporting and 
recordkeeping requirements as part of the review of the submission or 
permit application or by other appropriate means.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the control device. To 
establish the range, the information required in Sec. 63.999(b)(3) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications in 
Sec. 63.997(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 63.996  General monitoring requirements for control and recovery 
devices.

    (a) General monitoring requirement applicability. (1) This section 
applies to the owner or operator of a regulated source required to 
monitor under this subpart.
    (2) Flares subject to Sec. 63.987(c) are not subject to the 
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this 
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and in the relevant sections of this subpart 
unless the provision in either paragraph (b)(1)(i) or (b)(1)(ii) of 
this section applies.
    (i) The Administrator specifies or approves the use of minor 
changes in methodology for the specified monitoring requirements and 
procedures; or
    (ii) The Administrator approves the use of alternatives to any 
monitoring requirements or procedures as provided in the referencing 
subpart.
    (2) When one CPMS is used as a backup to another CPMS, the owner or 
operator shall report the results from the CPMS used to meet the 
monitoring requirements of this subpart. If both such CPMS's are used 
during a particular reporting period to meet the monitoring 
requirements of this part, then the owner or operator shall report the 
results from each CPMS for the relevant compliance period.
    (c) Operation and maintenance of continuous parameter monitoring 
systems. (1) All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturers specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of a regulated source shall maintain and 
operate each CPMS as specified in this section, or in a relevant 
subpart, and in a manner consistent with good air pollution control 
practices.
    (i) The owner or operator of a regulated source shall ensure the 
immediate repair or replacement of CPMS parts to correct ``routine'' or 
otherwise predictable CPMS malfunctions. The necessary parts for 
routine repairs of the affected equipment shall be readily available.
    (ii) If under the referencing subpart, an owner or operator has 
developed a startup, shutdown, and malfunction plan, the plan is 
followed, and the CPMS is repaired immediately, this action shall be 
reported in the semiannual startup, shutdown, and malfunction report.
    (iii) The Administrator's determination of whether acceptable 
operation and maintenance procedures are being used for the CPMS will 
be based on information that may include, but is not limited to, review 
of operation and maintenance procedures, operation and maintenance 
records, manufacturer's recommendations and specifications, and 
inspection of the CPMS.
    (3) All CPMS's shall be installed and operational, and the data 
verified as specified in this subpart either prior to or in conjunction 
with conducting performance tests. Verification of operational status 
shall, at a minimum, include completion of the manufacturer's written 
specifications or recommendations for installation, operation, and 
calibration of the system or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (4) All CPMS's shall be installed such that representative 
measurements of parameters from the regulated source are obtained.
    (5) In accordance with the referencing subpart, except for system 
breakdowns, repairs, maintenance periods, instrument adjustments, or 
checks to maintain precision and accuracy, calibration checks, and zero 
and span adjustments, all continuous parameter monitoring systems shall 
be in continuous operation when emissions are being routed to the 
monitored device.
    (d) An owner or operator may request approval to monitor control, 
recovery, halogen scrubber, or halogen reduction device operating 
parameters other than those specified in this subpart by following the 
procedures specified in a referencing subpart.

[[Page 55213]]

Sec. 63.997  Performance test and compliance determination requirements 
for control devices.

    (a) Performance tests and flare compliance determinations. Where 
Secs. 63.985 through 63.995 require or the owner or operator elects to 
conduct a performance test of a control device or a halogen reduction 
device, or a compliance determination for a flare, the requirements of 
paragraphs (b) through (d) of this section apply.
    (b) Prior test results and waivers. Initial performance tests and 
initial flare compliance determinations are required only as specified 
in this subpart.
    (1) Unless requested by the Administrator, an owner or operator is 
not required to conduct a performance test or flare compliance 
determination under this subpart if a prior performance test or 
compliance determination was conducted using the same methods specified 
in Sec. 63.997(e) and either no process changes have been made since 
the test, or the owner or operator can demonstrate that the results of 
the performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.
    (2) Individual performance tests and flare compliance 
determinations may be waived upon written application to the 
Administrator, per Sec. 63.999(a)(1)(iii), if, in the Administrator's 
judgment, the source is meeting the relevant standard(s) on a 
continuous basis, the source is being operated under an extension or 
waiver of compliance, or the owner or operator has requested an 
extension or waiver of compliance and the Administrator is still 
considering that request.
    (3) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notification is given to the owner 
or operator of the source.
    (c) Performance tests and flare compliance determinations schedule. 
(1) Unless a waiver of performance testing or flare compliance 
determination is obtained under this section or the conditions of a 
referencing subpart, the owner or operator shall perform such tests as 
specified in paragraphs (c)(1)(i) through (c)(1)(vii) of this section.
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial startup date before the effective 
date of that standard; or
    (ii) Within 180 days after initial startup for a new source that 
has an initial startup date after the effective date of a relevant 
standard; or
    (iii) Within 180 days after the compliance date specified in a 
referencing subpart for an existing source, or within 180 days after 
startup of an existing source if the source begins operation after the 
effective date of the relevant emission standard; or
    (iv) Within 180 days after the compliance date for an existing 
source subject to an emission standard established pursuant to section 
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's 
extension of compliance or a waiver of compliance for an existing 
source that obtains an extension of compliance under 40 CFR 63.6(i) of 
subpart A, or waiver of compliance under 40 CFR 61.11, subpart A; or
    (vi) Within 180 days after the compliance date for a new source, 
subject to an emission standard established pursuant to section 112(f) 
of the Act, for which construction or reconstruction is commenced after 
the proposal date of a relevant standard established pursuant to 
section 112(d) of the Act but before the proposal date of the relevant 
standard established pursuant to section 112(f); or
    (vii) When a referencing subpart promulgated emission standard is 
more stringent than the standard that was proposed, the owner or 
operator of a new or reconstructed source subject to that standard for 
which construction or reconstruction is commenced between the proposal 
and promulgation dates of the standard shall comply with performance 
testing requirements within 180 days after the standard's effective 
date, or within 180 days after startup of the source, whichever is 
later. If a referencing subpart promulgated standard is more stringent 
than the proposed standard, the owner or operator may choose to 
demonstrate compliance with either the proposed or the promulgated 
standard. If the owner or operator chooses to comply with the proposed 
standard initially, the owner or operator shall conduct a second 
performance test within 3 years and 180 days after the effective date 
of the standard, or after startup of the source, whichever is later, to 
demonstrate compliance with a referencing subpart promulgated standard.
    (2) The Administrator may require an owner or operator to conduct 
performance tests and compliance determinations at the regulated source 
at any time when the action is authorized by section 114 of the Act.
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new regulated source and, at the 
request of the Administrator, the owner or operator of each existing 
regulated source, shall provide performance testing facilities as 
specified in paragraphs (d)(1) through (d)(5) of this section.
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes, as applicable, the requirements specified in 
(d)(1)(i) and (d)(1)(ii) of this section.
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.
    (e) Performance test procedures. Where Secs. 63.985 through 63.995 
require or the owner or operator elects to conduct a performance test 
of a control device or a halogen reduction device, an owner or operator 
shall follow the requirements of paragraphs (e)(1)(i) through (e)(1)(v) 
of this section, as applicable.
    (1) General procedures.--(i) Continuous unit operations. For 
continuous unit operations, performance tests shall be conducted at 
maximum representative operating conditions for the process, unless the 
Administrator specifies or approves alternate operating conditions. 
During the performance test, an owner or operator may operate the 
control or halogen reduction device at maximum or minimum 
representative operating conditions for monitored control or halogen 
reduction device parameters, whichever results in lower emission 
reduction. Operations during periods of startup, shutdown, and 
malfunction shall not constitute representative conditions for the 
purpose of a performance test.
    (ii) Batch unit operations. For batch unit operations, performance 
tests shall, at a minimum, include testing for peak emission 
episode(s). The peak emission episode shall be characterized by the 
criteria presented in paragraph (e)(ii)(A), (e)(1)(ii)(B), or 
(e)(1)(i)(C) of this section. For the purposes of testing the 
combustion, recovery, or recovery device the peak emission episode may

[[Page 55214]]

be simulated based on the emission profile described in paragraph 
(e)(1)(i)(D). A simulated peak emission episode must have a 
representative composition, HAP load, and duration that would be 
predicted from the emission profile.
    (A) The period of combined batch cycles in which a process vent gas 
will contain at least 50 percent of the total regulated material load 
(in lb) from the batch cycle or combined batch cycles (if more than one 
cycle is vented through the same process vent) over a time duration 
that is sufficient to include all batch cycles routed to the common 
process vent. An emission profile as described in paragraph 
(e)(1)(ii)(D) of this section shall be used to identify the peak 
emission episode.
    (B) A 1-hour period of time in which a process vent from the batch 
cycle or combination of batch cycles (if more than one cycle is vented 
through the same process vent) will contain the highest regulated 
material mass loading rate, in lb/hr, experienced over a time duration 
that is sufficient to include all batch cycles routed to the common 
process vent. An emission profile, as described in paragraph 
(e)(1)(ii)(D) of this section, shall be used to identify the peak 
emission episode.
    (C) If a condenser is used to control the process vent stream(s), 
the peak emission episode(s) shall represent a 1-hour period of time in 
which a process vent from the batch cycle or combination of batch 
cycles (if more than one cycle is vented through the same process vent) 
will require the maximum heat removal capacity, in Btu/hr, to cool the 
process vent stream to a temperature that, upon calculation of 
regulated material concentration, will yield the required removal 
efficiency for the entire cycle. The calculation of maximum heat load 
shall be based on the emission profile described in paragraph 
(e)(1)(ii)(D) of this section and a concentration profile that will 
allow calculation of sensible and latent heat loads.
    (D) Emission profile. For process vents from batch unit operations, 
the owner or operator may choose to perform tests only during those 
periods of the peak emission episode(s) that the owner or operator 
selects to control as part of achieving the required emission 
reduction. The owner or operator must develop an emission profile for 
the process vent, based on either process knowledge or test data 
collected, to demonstrate that test periods are representative. The 
emission profile must profile the regulated organic regulated material 
loading rate (in lb/hr) versus time for all emission episodes 
contributing to the process vent stack for a period of time that is 
sufficient to include all batch cycles venting to the stack. Examples 
of information that could constitute process knowledge include 
calculations based on material balances, and process stoichiometry. 
Previous test results may be used to develop an emission profile, 
provided the results are still representative of the current process 
vent stream conditions.
    (iii) Combination of both continuous and batch unit operations. For 
a combination of both continuous and batch unit operations, performance 
tests shall be conducted both at maximum representative operating 
conditions for the process for continuous unit operations as specified 
in paragraph (e)(1)(i) of this section, and at peak emission episode(s) 
for batch unit operations as specified in paragraph (e)(1)(ii) of this 
section.
    (iv) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
subpart, in each relevant standard, and, if required, in applicable 
appendices of 40 CFR parts 51, 60, 61, and 63 unless the Administrator 
specifies one of the provisions in paragraphs (e)(1)(iv)(A) through 
(e)(1)(iv)(E) of this section.
    (A) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology; or
    (B) Approves the use of an alternative test method, the results of 
which the Administrator has determined to be adequate for indicating 
whether a specific regulated source is in compliance. The alternate 
method or data shall be validated using the applicable procedures of 
Method 301 of appendix A of 40 CFR part 63; or
    (C) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors; or
    (D) Waives the requirement for the performance test as specified in 
paragraph (b)(2) of this section because the owner or operator of a 
regulated source has demonstrated by other means to the Administrator's 
satisfaction that the regulated source is in compliance with the 
relevant standard; or
    (E) Approves the use of an equivalent method.
    (v) Except as provided in paragraphs (e)(1)(v)(A) through 
(e)(1)(v)(C) of this section, each performance test shall consist of 
three separate runs using the applicable test method. Each run shall be 
conducted for at least 1 hour and under the conditions specified in 
this section. For the purpose of determining compliance with an 
applicable standard, the arithmetic means of results of the three runs 
shall apply. In the event that a sample is accidentally lost or 
conditions occur in which one of the three runs must be discontinued 
because of forced shutdown, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, or other 
circumstances, beyond the owner or operator's control, compliance may, 
upon the Administrator's approval, be determined using the arithmetic 
mean of the results of the two other runs.
    (A) For control devices, used to control emissions from transfer 
racks except low throughput transfer racks, that are capable of 
continuous vapor processing but do not handle continuous emissions or 
multiple loading arms of a transfer rack that load simultaneously, each 
run shall represent at least one complete tank truck or tank car 
loading period, during which regulated materials are loaded, and 
samples shall be collected using integrated sampling or grab samples 
taken at least four times per hour at approximately equal intervals of 
time, such as 15-minute intervals.
    (B) For intermittent vapor processing systems used for controlling 
transfer rack emissions except low throughput transfer racks that do 
not handle continuous emissions or multiple loading arms of a transfer 
rack that load simultaneously, each run shall represent at least one 
complete control device cycle, and samples shall be collected using 
integrated sampling or grab samples taken at least four times per hour 
at approximately equal intervals of time, such as 15-minute intervals.
    (C) For batch unit operations, testing of peak emission episodes 
less than or equal to 1 hour, testing shall include three runs, each of 
a duration not less than the duration of the peak emission episode.
    (1) For testing of batch emission episodes of greater than 1 hour, 
the emission rate from a single test run may be used to determine 
compliance.
    (2) For testing of batch emission episodes of duration greater than 
8 hours, the owner or operator shall perform at least 8 hours of 
testing. The test period must include the period of time in which the 
peak emission episode(s) is predicted by the emission profile.
    (3) For process vents from batch unit operations, the owner or 
operator may choose to perform tests only during those periods of peak 
emission episode(s) that the owner or operator selects to control as 
part of achieving the required emission reduction. The owner or 
operator must develop an emission profile for the process vent,

[[Page 55215]]

based on either process knowledge or test data collected, to 
demonstrate that test periods are representative. The emission profile 
must profile regulated material loading rate (in lb/hr) versus time for 
all emission episodes contributing to the process vent stack for a 
period of time that is sufficient to include all batch cycles venting 
to the stack. Examples of information that could constitute process 
knowledge include calculations based on material balances, and process 
stoichiometry. Previous test results may be used to develop an 
emissions profile, provided the results are still representative of the 
current process vent stream conditions.
    (2) Specific procedures. Where Secs. 63.985 through 63.995 require 
or the owner or operator elects to conduct a performance test of a 
control device, or a halogen reduction device, an owner or operator 
shall conduct that performance test using the procedures in paragraphs 
(e)(2)(i) through (e)(2)(iv) of this section, as applicable. The 
regulated material concentration and percent reduction may be measured 
as either total organic regulated material or as TOC minus methane and 
ethane according to the procedures specified.
    (i) Selection of sampling sites. Method 1 or 1A of 40 CFR part 60, 
appendix A, as appropriate, shall be used for selection of the sampling 
sites.
    (A) For determination of compliance with a percent reduction 
requirement of total organic regulated material or TOC, sampling sites 
shall be located as specified in paragraphs (e)(2)(i)(A)(1) and 
(e)(2)(i)(A)(2) of this section, and at the outlet of the control 
device.
    (1) For process vents from continuous unit operations, the control 
device inlet sampling site shall be located after the final product 
recovery device.
    (2) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic regulated material 
or TOC (minus methane and ethane) concentrations, as applicable, in all 
vent streams and primary and secondary fuels introduced into the boiler 
or process heater.
    (3) For process vents from batch unit operations, the inlet 
sampling site shall be located at the exit from the batch unit 
operation before any recovery device.
    (B) For determination of compliance with a parts per million by 
volume total regulated material or TOC limit in a referencing subpart, 
the sampling site shall be located at the outlet of the control device.
    (ii) Gas volumetric flow rate. The gas volumetric flow rate shall 
be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix 
A, as appropriate. For batch unit operations, gas stream volumetric 
flow rates shall be measured at 15-minute intervals, or at least once 
during the peak emission episode(s).
    (iii) Total organic regulated material or TOC concentration. To 
determine compliance with a parts per million by volume total organic 
regulated material or TOC (minus methane and ethane) limit, the owner 
or operator shall use method 18 of 40 CFR part 60, appendix A, to 
measure either TOC minus methane and ethane or total organic regulated 
material, as applicable. Alternatively, any other method or data that 
have been validated according to the applicable procedures in Method 
301 of appendix A of 40 CFR part 63, may be used. Method 25A of 40 CFR 
part 60, appendix A may be used for transfer racks as detailed in 
paragraph (e)(2)(iii)(D) of this section. The procedures specified in 
paragraphs (e)(2)(iii)(A) through (e)(2)(iii)(D) of this section shall 
be used to calculate parts per million by volume concentration, 
corrected to 3 percent oxygen.
    (A) Sampling time.--(1) Continuous unit operations and a 
combination of both continuous and batch unit operations. For 
continuous unit operations and for a combination of both continuous and 
batch unit operations, the minimum sampling time for each run shall be 
1 hour in which either an integrated sample or a minimum of four grab 
samples shall be taken. If grab sampling is used, then the samples 
shall be taken at approximately equal intervals in time, such as 15 
minute intervals during the run.
    (2) Batch unit operations. For batch unit operations, the organic 
regulated material concentration shall be determined from samples 
collected in an integrated sample over the duration of the peak 
emission episode(s) characterized by the criteria presented in 
paragraph, or from grab samples collected simultaneously with flow rate 
measurements (at approximately equal intervals of about 15 minutes). If 
an integrated sample is collected for laboratory analysis, the sampling 
rate shall be adjusted proportionally to reflect variations in flow 
rate.
    (B) Concentration calculation. The concentration of either TOC 
(minus methane or ethane) or total organic regulated material shall be 
calculated according to paragraph (e)(2)(iii)(B)(1) or 
(e)(2)(iii)(B)(2) of this section.
    (1) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using equation 4.
[GRAPHIC] [TIFF OMITTED] TP14OC98.006

Where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
x=Number of samples in the sample run.
n=Number of components in the sample.
Cji=Concentration of sample components j of sample i, dry 
basis, parts per million by volume.

    (2) The total organic regulated material (CREG) shall be 
computed according to the equation in paragraph (e)(2)(iii)(B)(1) of 
this section except that only the regulated species shall be summed.
    (C) Concentration correction calculation. The concentration of TOC 
or total organic regulated material, as applicable, shall be corrected 
to 3 percent oxygen if a combustion device is the control device.
    (1) The emission rate correction factor (or excess air), integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A, shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the organic regulated 
material or organic compound samples, and the samples shall be taken 
during the same time that the organic regulated material or organic 
compound samples are taken.
    (2) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using equation 5.
[GRAPHIC] [TIFF OMITTED] TP14OC98.007

where:
Cc=Concentration of TOC or organic regulated material 
corrected to 3 percent oxygen, dry basis, parts per million by volume.
Cm = Concentration of TOC (minus methane and ethane) or 
organic regulated material, dry basis, parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percentage by 
volume.

    (D) Method 25A of 40 CFR part 60, appendix A may be used for the 
purpose of determining compliance with a parts per million by volume 
limit for transfer racks. If Method 25A of 40 CFR part 60, appendix A 
is used, the procedures specified in paragraphs (e)(2)(iii)(D)(1) 
through (e)(2)(iii)(D)(4) of this section

[[Page 55216]]

shall be used to calculate the concentration of organic compounds 
(CTOC):
    (1) The principal organic regulated material in the vent stream 
shall be used as the calibration gas.
    (2) The span value for Method 25A of 40 CFR part 60, appendix A, 
shall be between 1.5 and 2.5 times the concentration being measured.
    (3) Use of Method 25A of 40 CFR part 60, appendix A, is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (4) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (e)(2)(iii)(C) of this 
section.
    (iv) To determine compliance with a percent reduction requirement, 
the owner or operator shall use Method 18 of 40 CFR part 60, appendix 
A; alternatively, any other method or data that have been validated 
according to the applicable procedures in Method 301 of appendix A of 
this part may be used. Method 25A or 25B of 40 CFR part 60, appendix A 
may be used for transfer racks as detailed in paragraph (e)(2)(iv)(E) 
of this section. Procedures specified in paragraphs (e)(2)(iv)(A) 
through (e)(2)(iv)(E) of this section shall be used to calculate 
percent reduction efficiency.
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (B) The mass rate of either TOC (minus methane and ethane) or total 
organic regulated material (Ei, Eo) shall be 
computed as applicable.
    (1) Equations 6 and 7 shall be used.
    [GRAPHIC] [TIFF OMITTED] TP14OC98.008
    
    [GRAPHIC] [TIFF OMITTED] TP14OC98.009
    
Where:

Ei, Eo = Emission rate of TOC (minus methane and 
ethane) (ETOC) or emission rate of total organic regulated 
material (ERM) in the sample at the inlet and outlet of the 
control device, respectively, dry basis, kilogram per hour.
K2 = Constant, 2.494 x 10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram 
per gram) (minute per hour), where standard temperature (gram-mole per 
standard cubic meter) is 20 oC. n = Number of components in 
the sample.
Cij, Coj = Concentration on a dry basis of 
organic compound j in parts per million by volume of the gas stream at 
the inlet and outlet of the control device, respectively. If the TOC 
emission rate is being calculated, Cij and Co 
include all organic compounds measured minus methane and ethane; if the 
total organic regulated material emissions rate is being calculated, 
only organic regulated material are included.
Mij, Moj = Molecular weight of organic compound 
j, gram per gram-mole, of the gas stream at the inlet and outlet of the 
control device, respectively.
    Qi, Qo = Process vent flow rate, dry standard 
cubic meter per minute, at a temperature of 20 deg.C, at the inlet and 
outlet of the control device, respectively.

    (2) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by method 18 of 40 CFR 
part 60, appendix A, are summed using the equation in paragraph 
(e)(2)(iv)(B)(1) of this section.
    (3) Where the mass rate of total organic regulated material is 
being calculated, only the species comprising the regulated material 
shall be summed using the equation in paragraph (e)(2)(iv)(B)(1) of 
this section.
    (C) Percent reduction in TOC or total organic regulated material--
(1) Continuous unit operations and a combination of both continuous and 
batch unit operations. For continuous unit operations and for a 
combination of both continuous and batch unit operations, the percent 
reduction in TOC (minus methane and ethane) or total organic regulated 
material shall be calculated using Equation 8.
[GRAPHIC] [TIFF OMITTED] TP14OC98.010

where:

R = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total 
organic regulated material at the inlet to the control device as 
calculated under paragraph (e)(2)(iv)(B) of this section, kilograms TOC 
per hour or kilograms organic regulated material per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total 
organic regulated material at the outlet of the control device, as 
calculated under paragraph (e)(2)(iv)(B) of this section, kilograms TOC 
per hour or kilograms total organic regulated material per hour.

    (2) Batch unit operations. For process vents from batch unit 
operations, the owner shall determine the organic regulated material 
emission reduction for process vents from batch unit operations using 
Equation 9.
[GRAPHIC] [TIFF OMITTED] TP14OC98.011

Where:

REDPPU = Organic regulated material emission reduction for 
the group of process vents from batch unit operations in the process 
unit, percent
Eunc,i = Uncontrolled organic regulated material emissions 
from process vent i that is controlled using a combustion, recovery, or 
recapture device, kilograms per batch cycle for process vents from 
batch unit operations.
n = Number of process vents from batch unit operations in the 
applicable production process unit and controlled using a combustion, 
recovery, or recapture device
Ri = Control efficiency of the combustion, recovery, or 
recapture device used to control organic regulated material emissions 
from vent i, determined in accordance with paragraph (e)(2)(iv)(C)(3) 
of this section.
Eunc,j = Uncontrolled organic regulated material emissions 
from process vent j that is not controlled using a combustion, 
recovery, or recapture device, kilograms per batch cycle for process 
vents from batch unit operations, kilograms per hour for process vents 
from continuous unit operations.
m = Number of process vents in the applicable production process unit 
that are subject to the same requirements of a referencing subpart and 
that are not controlled using a combustion, recovery, or recapture 
device.
    (3) Batch unit operations--control efficiency. The control 
efficiency, Ri, shall be assigned as specified below in 
(e)(2)(iv)(C)(3)(i) or (e)(2)(iv)(C)(3)(ii)of this section.
    (i) If the process vent is controlled using a flare, or a 
combustion device as specified in this subpart and a

[[Page 55217]]

performance test has not been conducted, the control efficiency shall 
be assumed to be 98 percent.
    (ii) If the process vent is controlled using a combustion, 
recovery, or recapture device for which a performance test has been 
conducted in accordance with the provisions of this section, the 
control efficiency shall be the efficiency determined by the 
performance test.
    (D) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic regulated material or TOC (minus methane and ethane) 
across the device shall be determined by comparing the TOC (minus 
methane and ethane) or total organic regulated material in all 
combusted vent streams and primary and secondary fuels with the TOC 
(minus methane and ethane) or total organic regulated material exiting 
the combustion device, respectively.
    (E) Method 25A of 40 CFR part 60, appendix A, may also be used for 
the purpose of determining compliance with the percent reduction 
requirement for transfer racks.
    (i) If Method 25A of 40 CFR part 60, appendix A, is used to measure 
the concentration of organic compounds (CTOC), the principal 
organic regulated material in the vent stream shall be used as the 
calibration gas.
    (ii) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.
    (iii) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (iv) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using equation 10.
[GRAPHIC] [TIFF OMITTED] TP14OC98.012

Where:

Mj = Mass of organic compounds emitted during testing 
interval j, kilograms.
F = 10-6 = Conversion factor, (cubic meters regulated 
material per cubic meters air) * (parts per million by 
volume)-1.
K = Density, kilograms per standard cubic meter organic regulated 
material; 659 kilograms per standard cubic meter organic regulated 
material.
    (Note: The density term cancels out when the percent reduction 
is calculated. Therefore, the density used has no effect. The 
density of hexane is given so that it can be used to maintain the 
units of Mj.)
Vs = Volume of air-vapor mixture exhausted at standard 
conditions, 20 oC and 760 millimeters mercury, standard 
cubic meters.
    Ct = Total concentration of organic compounds (as 
measured) at the exhaust vent, parts per million by volume, dry basis.

    (v) The organic compound mass emission rates at the inlet and 
outlet of the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP14OC98.013

[GRAPHIC] [TIFF OMITTED] TP14OC98.014

Where:

Ei, Eo = Mass flow rate of organic compounds at 
the inlet (i) and outlet (o) of the control device, kilograms per hour.
n = Number of testing intervals.
Mij, Moj = Mass of organic compounds at the inlet 
(i) or outlet (o) during testing interval j, kilograms.
T = Total time of all testing intervals, hours.

    (3) An owner or operator using a halogen scrubber or other halogen 
reduction device to control process vent and transfer rack halogenated 
vent streams in compliance with a referencing subpart, who is required 
to conduct a performance test to determine compliance with a control 
efficiency or emission limit for hydrogen halides and halogens, shall 
follow the procedures specified in paragraphs (e)(3)(i) through 
(e)(3)(iv) of this section.
    (i) For an owner or operator determining compliance with the 
percent reduction of total hydrogen halides and halogens, sampling 
sites shall be located at the inlet and outlet of the scrubber or other 
halogen reduction device used to reduce halogen emissions. For an owner 
or operator determining compliance with a kilogram per hour outlet 
emission limit for total hydrogen halides and halogens, the sampling 
site shall be located at the outlet of the scrubber or other halogen 
reduction device and prior to any releases to the atmosphere.
    (ii) Except as provided in paragraph (e)(1)(ii) of this section, 
Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to 
determine the concentration, in milligrams per dry standard cubic 
meter, of total hydrogen halides and halogens that may be present in 
the vent stream. The mass emissions of each hydrogen halide and halogen 
compound shall be calculated from the measured concentrations and the 
gas stream flow rate.
    (iii) To determine compliance with the percent removal efficiency, 
the mass emissions for any hydrogen halides and halogens present at the 
inlet of the halogen reduction device shall be summed together. The 
mass emissions of the compounds present at the outlet of the scrubber 
or other halogen reduction device shall be summed together. Percent 
reduction shall be determined by comparison of the summed inlet and 
outlet measurements.
    (iv) To demonstrate compliance with a kilogram per hour outlet 
emission limit, the test results must show that the mass emission rate 
of total hydrogen halides and halogens measured at the outlet of the 
scrubber or other halogen reduction device is below the kilogram per 
hour outlet emission limit specified in a referencing subpart.


Sec. 63.998  Recordkeeping requirements.

    (a) Compliance determination, monitoring, and compliance records--
(1) Conditions of flare compliance determination, monitoring, and 
compliance records. Upon request, the owner or operator shall make 
available to the Administrator such records as may be necessary to 
determine the conditions of flare compliance determinations performed 
pursuant to Sec. 63.987(b).
    (i) Flare compliance determination records. When using a flare to 
comply with this subpart, record the information specified in 
paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section for each 
flare compliance determination performed pursuant to Sec. 63.987(b). As 
specified in Sec. 63.999(a)(1)(i), the owner or operator shall include 
this information in the flare compliance determination report.
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (B) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the flare compliance determination; and
    (C) All periods during the flare compliance determination when all 
pilot flames are absent or, if only the flare flame is monitored, all 
periods when the flare flame is absent.
    (ii) Monitoring records. Each owner or operator shall keep up to 
date and readily accessible hourly records of

[[Page 55218]]

whether the monitor is continuously operating and whether the flare 
flame or at least one pilot flame is continuously present. For transfer 
racks, hourly records are required only while the transfer rack vent 
stream is being vented.
    (iii) Compliance records. (A) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame or all the pilot flames are absent. This record shall be 
submitted in the periodic reports as specified in Sec. 63.999(b)(9).
    (B) Each owner or operator shall keep records of the times and 
durations of all periods during which the monitor is not operating.
    (2) Performance test and TRE index value determination records for 
process vents and transfer racks except low throughput transfer racks--
(i) Conditions of performance tests records. Upon request, the owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of performance tests performed 
pursuant to Secs. 63.988(b), 63.989(b), 63.990(b), 63.991(b), 
63.992(b), 63.994(b), or 63.995(b).
    (ii) Nonflare combustion control device and halogen reduction 
device performance test records. (A) Each owner or operator subject to 
the provisions of this subpart shall keep up-to-date, readily 
accessible continuous records of the data specified in (a)(2)(ii)(B)(1) 
through (a)(2)(ii)(B)(3) of this section, as applicable, measured 
during each performance test performed pursuant to Secs. 63.988(b), 
63.989(b), 63.990(b), 63.991(b), 63.992(b), 63.994(b), or 63.995(b), 
and also include that data in the Initial Compliance Status Report 
required under Sec. 63.999(a)(1). The same data specified in this 
section shall be submitted in the reports of all subsequently required 
performance tests where either the emission control efficiency of a 
combustion device, or the outlet concentration of TOC or regulated 
material is determined.
    (B) Nonflare combustion device. Where an owner or operator subject 
to the provisions of this paragraph seeks to demonstrate compliance 
with a percent reduction requirement or a parts per million by volume 
requirement using a nonflare combustion device the information 
specified in (a)(2)(ii)(B)(1) through (a)(2)(ii)(B)(6) of this section 
shall be recorded.
    (1) For thermal incinerators, record the fire box temperature 
averaged over the full period of the performance test.
    (2) For catalytic incinerators, record the upstream and downstream 
temperatures and the temperature difference across the catalyst bed 
averaged over the full period of the performance test.
    (3) For a boiler or process heater with a design heat input 
capacity less than 44 megawatts and a vent stream that is not 
introduced with or as the primary fuel, record the fire box temperature 
averaged over the full period of the performance test.
    (4) For an incinerator, record the percent reduction of organic 
regulated material, if applicable, or TOC achieved by the incinerator 
determined as specified in Sec. 63.997 (e)(2)(i) and (e)(2)(ii), as 
applicable, or the concentration of organic regulated material (parts 
per million by volume, by compound) determined as specified in 
Sec. 63.997 (e)(2)(iii)(B)(1) and (e)(2)(iii)(B)(2) at the outlet of 
the incinerator.
    (5) For a boiler or process heater, record a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.
    (6) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, record the percent reduction of organic 
regulated material or TOC, or the concentration of regulated material 
or TOC (parts per million by volume, by compound) determined as 
specified in Sec. 63.997(e)(2) at the outlet of the combustion device.
    (C) Other nonflare control devices. Where an owner or operator 
seeks to use an absorber, condenser, or carbon adsorber as a control 
device, the information specified in paragraphs (a)(2)(ii)(C)(1) 
through (a)(2)(ii)(C)(5) shall be recorded, as applicable.
    (1) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
averaged over the same time period as the performance test (both 
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is used as the control device, the average 
exit (product side) temperature averaged over the same time period as 
the performance test while the vent stream is routed and constituted 
normally; or
    (3) Where a carbon adsorber is used as the control device, the 
total regeneration stream mass flow during each carbon-bed regeneration 
cycle during the period of the performance test, and temperature of the 
carbon-bed after each regeneration during the period of the performance 
test (and within 15 minutes of completion of any cooling cycle or 
cycles; or
    (4) As an alternative to paragraph (a)(2)(ii)(B)(1), 
(a)(2)(ii)(B)(2), or (a)(2)(ii)(B)(3) of this section, the 
concentration level or reading indicated by an organics monitoring 
device at the outlet of the absorber, condenser, or carbon adsorber 
averaged over the same time period as the TRE determination while the 
vent stream is normally routed and constituted.
    (5) For an absorber, condenser, or carbon adsorber used as a 
control device, the percent reduction of regulated material achieved by 
the control device or concentration of regulated material (parts per 
million by volume, by compound) at the outlet of the control device.
    (D) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated vent stream, record the 
information specified in paragraphs (a)(2)(ii)(D)(1) through 
(a)(2)(ii)(D)(3) of this section.
    (1) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 63.997(e)(3).
    (2) The pH of the scrubber effluent averaged over the time period 
of the performance test; and
    (3) The scrubber liquid-to-gas ratio averaged over the time period 
of the performance test.
    (3) Recovery device monitoring records during TRE index value 
determination. For process vents that require control of emissions 
under a referencing subpart shall maintain the continuous records 
specified in paragraph (a)(3)(i) through (a)(3)(v) of this section, as 
applicable.
    (i) Where an absorber is the final recovery device in the recovery 
system, the exit specific gravity (or alternative parameter that is a 
measure of the degree of absorbing liquid saturation if approved by the 
Administrator) and average exit temperature of the absorbing liquid 
averaged over the same time period as the TRE index value determination 
(both measured while the vent stream is normally routed and 
constituted); or
    (ii) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature averaged over the 
same time period as the TRE index value determination while the vent 
stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and

[[Page 55219]]

temperature of the carbon-bed after each regeneration during the period 
of the TRE index value determination (and within 15 minutes of 
completion of any cooling cycle or cycles; or
    (iv) As an alternative to paragraph (a)(3)(i), (a)(3)(ii), or 
(a)(3)(iii) of this section, the concentration level or reading 
indicated by an organics monitoring device at the outlet of the 
absorber, condenser, or carbon adsorber averaged over the same time 
period as the TRE index value determination while the vent stream is 
normally routed and constituted.
    (v) All measurements and calculations performed to determine the 
TRE index value of the vent stream as specified in a referencing 
subpart.
    (4) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures specified in 
a referencing subpart. Submit this record in the Initial Compliance 
Status Report, as specified in Sec. 63.999(b)(8).
    (b) Continuous records and monitoring system data handling.
    (1) Where this subpart requires a continuous record, the owner or 
operator shall maintain the record specified in paragraphs (b)(1)(i) or 
(b)(1)(ii) of this section, as applicable:
    (i) A record of values measured at least once every 15 minutes or 
each measured value for systems which measure more frequently than once 
every 15 minutes; or
    (ii) A record of block average values for 15-minutes or shorter 
periods calculated from all measured data values during each period or 
at least one measured data value per minute if measured more frequently 
than once per minute.
    (iii) The owner or operator may calculate and retain block hourly 
average values from each 15 minute block averages period or from at 
least one measured value per minute if measured more frequently than 
once per minute, and discard all but the most recent three valid hours 
of continuous (15-minute or shorter) records.
    (iv) A record as required by an alternative approved under 
paragraph (c)(5) of this section.
    (2) Monitoring data recorded during periods identified in 
paragraphs (b)(2)(i) through (b)(2)(iii) of this section, shall not be 
included in any average computed to determine compliance under this 
subpart.
    (i) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (ii) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (iii) Startups, shutdowns, and malfunctions.
    (3) Owners or operators shall also keep records as specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section, unless an 
alternative monitoring or recordkeeping system has been requested and 
approved under paragraph (c)(5) of this section.
    (i) Except as specified in paragraph (b)(3)(ii) of this section, 3-
hour average values of each continuously monitored parameter shall be 
calculated from data meeting the specifications of paragraph (b)(2) of 
this section for each 3-hour period of operation, and retained for 5 
years.
    (A) The 3-hour average shall be calculated as the average of all 
values for a monitored parameter recorded during 3-hours of operation. 
The average shall cover a 3-hour period if operation is continuous, or 
the period of operation per 3 hours if operation is not continuous 
(e.g., for transfer racks the average shall cover periods of loading). 
If values are measured more frequently than once per minute, a single 
value for each minute may be used to calculate the 3-hour average 
instead of all measured values.
    (B) The 3-hour periods of operation that are to be included in the 
3-hour averages shall be defined in the operating permit or the Initial 
Compliance Status Report.
    (ii) If all recorded values for a monitored parameter during a 3-
hour period are within the range established in the Initial Compliance 
Status Report or in the operating permit, the owner or operator may 
record that all values were within the range and retain this record for 
5 years rather than calculating and recording a 3-hour average for that 
3-hour period.
    (4) Unless determined otherwise according to paragraph (b)(5) of 
this section, the data collected pursuant to paragraphs (b)(1) through 
(b)(3) of this section shall be considered valid.
    (5) For any parameter with respect to any item of equipment 
associated with a process vent or transfer rack (except low throughput 
transfer loading racks), the owner or operator may implement the 
recordkeeping requirements in paragraphs (b)(5)(i) or (b)(5)(ii) of 
this section as alternatives to the continuous parameter monitoring and 
recordkeeping provisions listed in paragraphs (b)(1) through (b)(3) of 
this section. The owner or operator shall retain each record required 
by paragraphs (b)(5)(i) or (b)(5)(ii) of this section as provided in a 
referencing subpart, except as provided otherwise in paragraphs 
(b)(5)(i) or (b)(5)(ii) of this section.
    (i) The owner or operator may retain only the 3-hour average value, 
and is not required to retain more frequently monitored operating 
parameter values, for a monitored parameter with respect to an item of 
equipment, if the requirements of paragraphs (b)(5)(i)(A) through 
(b)(5)(i)(F) of this section are met. The owner or operator shall 
notify the Administrator in the Initial Compliance Status Report or, if 
the Initial Compliance Status Report has already been submitted in the 
Periodic Report immediately preceding implementation of the 
requirements of this paragraph.
    (A) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than startups, 
shutdowns or malfunctions (e.g., a temperature reading of -200  deg.C 
on a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in a 3-hour period constitute a single occurrence.
    (B) The monitoring system generates a running average of the 
monitoring values, updated at least hourly throughout each 3-hour 
period, that have been obtained during that 3-hour period, and the 
capability to observe this average is readily available to the 
Administrator on-site during the 3-hour period. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (b)(5)(i)(B)(1) through (b)(5)(i)(B)(2) of this section. All 
instances in a 3-hour period constitute a single occurrence.
    (1) The running average is above the maximum or below the minimum 
established limits;
    (2) The running average is based on at least three one-hour average 
values; and
    (3) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (C) The monitoring system is capable of detecting unchanging data 
during periods of operation other than startups, shutdowns or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience 
(e.g., pH in some scrubbers), and will alert the operator by alarm or 
other means. The owner or operator shall record the occurrence. All 
instances of the alarm or other alert in a 3-hour period constitute a 
single occurrence.
    (D) The monitoring system will alert the owner or operator by an 
alarm, if the running average parameter value calculated under 
paragraph (b)(5)(i)(B)

[[Page 55220]]

of this section reaches a set point that is appropriately related to 
the established limit for the parameter that is being monitored.
    (E) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraph (b)(5)(i) of this section, at the times 
specified in paragraphs (b)(5)(i)(E)(1) through (b)(5)(i)(E)(3) of this 
section. The owner or operator shall document that the required 
verifications occurred.
    (1) Upon initial installation.
    (2) Annually after initial installation.
    (3) After any change to the programming or equipment constituting 
the monitoring system, that might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (F) The owner or operator shall retain the records identified in 
paragraphs (b)(5)(i)(F)(1) through (b)(5)(i)(F)(3) of this section.
    (1) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (c)(5) of this section.
    (2) A description of the applicable monitoring system(s), and of 
how compliance will be achieved with each requirement of paragraph 
(b)(5)(i)(A) through (b)(5)(i)(E) of this section. The description 
shall identify the location and format (e.g., on-line storage; log 
entries) for each required record. If the description changes, the 
owner or operator shall retain both the current and the most recent 
superseded description. The description, and the most recent superseded 
description, shall be retained as provided in the subpart that 
references this subpart, except as provided in paragraph 
(b)(5)(i)(F)(1) of this section.
    (3) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to 
comply with the requirements of paragraph (b)(5)(i) of this section.
    (4) Owners and operators subject to paragraph (b)(5)(i)(F)(2) of 
this section shall retain the current description of the monitoring 
system as long as the description is current, but not less than 5 years 
from the date of its creation. The current description shall be 
retained on-site at all times or be accessible from a central location 
by computer or other means that provides access within 2 hours after a 
request. The owner or operator shall retain the most recent superseded 
description at least until 5 years from the date of its creation. The 
superseded description shall be retained on-site (or accessible from a 
central location by computer that provides access within 2 hours after 
a request) at least 6 months after being superseded. Thereafter, the 
superseded description may be stored off-site.
    (ii) If an owner or operator has elected to implement the 
requirements of paragraph (b)(5)(i) of this section, and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (b)(5)(ii)(D) of this section, the owner or operator is no 
longer required to record the 3-hour average value for that parameter 
for that unit of equipment, for any 3-hour period when the 3-hour 
average value is less than the maximum, or greater than the minimum 
established limit. With approval by the Administrator, monitoring data 
generated prior to the compliance date of this subpart shall be 
credited toward the period of 6 consecutive months, if the parameter 
limit and the monitoring were required and/or approved by the 
Administrator.
    (A) If the owner or operator elects not to retain the 3-hour 
average values, the owner or operator shall notify the Administrator in 
the next Periodic Report. The notification shall identify the parameter 
and unit of equipment.
    (B) If there is an excursion as defined in paragraph (b)(5)(ii)(D) 
of this section in any 3-hour period after the owner or operator has 
ceased recording 3-hour averages as provided in paragraph (b)(5)(ii) of 
this section, the owner or operator shall immediately resume retaining 
the 3-hour average value for each 3-hour period, and shall notify the 
Administrator in the next Periodic Report. The owner or operator shall 
continue to retain each 3-hour average value until another period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (b)(5)(ii)(D) of this section.
    (C) The owner or operator shall retain the records specified in 
paragraphs (b)(5)(i)(A) through (b)(5)(i)(F) of this section for the 
duration specified in a referencing subpart. For any calendar week, if 
compliance with paragraphs (b)(5)(i)(A) through (b)(5)(i)(D) of this 
section does not result in retention of a record of at least one 
occurrence or measured parameter value, the owner or operator shall 
record and retain at least one parameter value during a period of 
operation other than a startup, shutdown, or malfunction.
    (D) For purposes of paragraph (b)(5)(ii) of this section, an 
excursion means that the 3-hour average value of monitoring data for a 
parameter is greater than the maximum, or less than the minimum 
established value, except as provided in paragraphs (b)(5)(ii)(D)(1) 
and (b)(5)(ii)(D)(2) of this section.
    (1) The 3-hour average value during any startup, shutdown or 
malfunction shall not be considered an excursion for purposes of 
paragraph (b)(5)(ii), if the owner or operator follows the applicable 
provisions of the startup, shutdown, and malfunction plan required by a 
referencing subpart.
    (2) An excused excursion, as described in paragraph (b)(5)(ii)(E), 
shall not be considered an excursion for purposes of this paragraph.
    (E) One excused excursion for each control device or recovery 
device for each semiannual period is allowed. If a source has developed 
a startup, shutdown and malfunction plan, and a monitored parameter is 
outside its established range or monitoring data are not collected 
during periods of startup, shutdown, or malfunction (and the source is 
operated during such periods in accordance with the startup, shutdown, 
and malfunction plan) or during periods of nonoperation of the process 
unit or portion thereof (resulting in cessation of the emissions to 
which monitoring applies), then the excursion is not a violation and, 
in cases where continuous monitoring is required, the excursion does 
not count as the excused excursion for determining compliance.
    (c) Nonflare control and recovery device regulated source 
monitoring records--(1) Monitoring system records. The owner or 
operator subject to this subpart shall keep the records specified in 
this paragraph, as well as records specified elsewhere in this part.
    (i) For CPMS's used to comply with this part, a record of the 
procedure used for calibrating the CPMS.
    (ii) For a CPMS used to comply with this subpart, records of the 
information specified in paragraphs (c)(1)(ii)(A) through (c)(1)(ii)(E) 
of this section, as indicated in a referencing subpart.
    (A) The date and time of completion of calibration and preventive 
maintenance of the CPMS.
    (B) The ``as found'' and ``as left'' CPMS readings, whenever an 
adjustment is made that affects the CPMS reading and a ``no 
adjustment'' statement otherwise.
    (C) The start time and duration or start and stop times of any 
periods when the CPMS is inoperative.
    (D) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of CPMS used to comply with this subpart 
during which excess emissions (as defined in a referencing subpart).
    (E) For each startup, shutdown, and malfunction during which excess 
emissions as defined in a referencing subpart occur, records that the 
procedures specified in the source's

[[Page 55221]]

startup, shutdown, and malfunction plan were followed, and 
documentation of actions taken that are not consistent with the plan. 
These records may take the form of a ``checklist,'' or other form of 
recordkeeping that confirms conformance with the startup, shutdown, and 
malfunction plan for the event.
    (iii) Batch unit operation compliance monitoring records. If all 
recorded values for a monitored parameter during a 3-hour period are 
above the minimum or below the maximum level established in accordance 
with what is specified in the referencing subpart, the owner or 
operator may record that all values were above the minimum or below the 
maximum level established, rather than calculating and recording a 3-
hour average or batch cycle 3-hour average for that 3-hour period. 
Monitoring data recorded during periods of non-operation of the process 
resulting in cessation of regulated material emissions shall not be 
included in computing the batch cycle 3-hour averages.
    (2) Combustion control and halogen reduction device monitoring 
records.
    (i) Each owner or operator using a combustion control or halogen 
reduction device to comply with this subpart shall keep the following 
records up-to-date and readily accessible, as applicable. Continuous 
records of the equipment operating parameters specified to be monitored 
under Secs. 63.988(c) (incinerator monitoring), 63.989(c) (boiler and 
process heater monitoring), 63.994(c) (halogen reduction device 
monitoring), and 63.995(c) (other combustion systems used as a control 
device) or specified by the Administrator in accordance with paragraph 
(c)(5) of this section.
    (ii) Each owner or operator shall keep records of the 3-hour 
average value of each continuously monitored parameter for each 3-hour 
period determined according to the procedures specified in paragraph 
(b)(3)(i) of this section. For catalytic incinerators, record the 3-
hour average of the temperature upstream of the catalyst bed and the 3-
hour average of the temperature differential across the bed. For 
halogen scrubbers record the pH and the liquid-to-gas ratio.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are the 3-hour average values established pursuant 
to Secs. 63.988(c)(2) (incinerator monitoring), 63.989(c)(2) (boiler 
and process heater monitoring), 63.994(c)(3) (halogen reduction device 
monitoring), or 63.995 (c)(2) (other combustion systems used as control 
devices monitoring), as applicable.
    (3) Monitoring records for recovery device process vents, and for 
absorbers, condensers, carbon adsorbers or other noncombustion systems 
used as control devices.
    (i) Each owner or operator using a recovery device to achieve and 
maintain a TRE index value greater than the control applicability level 
specified in the referencing subpart but less than 4.0 or using an 
absorber, condenser, carbon adsorber or other non-combustion system as 
a control device shall keep readily accessible, continuous records of 
the equipment operating parameters specified to be monitored under 
Secs. 63.990(c) (absorber monitoring), 63.991(c) (condenser 
monitoring), 63.992(c) (carbon adsorber monitoring), or 63.995(c) 
(other noncombustion systems used as a control device monitoring) or 
specified by the Administrator in accordance with paragraph (c)(5) of 
this section. For transfer racks, continuous records are required while 
the transfer vent stream is being vented.
    (ii) Each owner or operator shall keep records of the 3-hour 
average value of each continuously monitored parameter for each 3-hour 
period determined according to the procedures specified in 
Sec. 63.998(b)(1)(iii)(A). If carbon adsorber regeneration stream flow 
and carbon bed regeneration temperature are monitored, the records 
specified in paragraphs (c)(3)(ii)(A) and (c)(3)(ii)(B) of this section 
shall be kept instead of the 3-hour averages.
    (A) Records of total regeneration stream mass or volumetric flow 
for each carbon-bed regeneration cycle.
    (B) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are the 3-hour average values established pursuant 
to Secs. 63.990(c)(2) (absorber monitoring), 63.991(c)(2) (condenser 
monitoring), 63.992(c)(2) (carbon adsorber monitoring), or 63.995(c)(2) 
(other noncombustion systems used as control devices monitoring), as 
applicable.
    (4) Alternatives to the continuous operating parameter monitoring 
and recordkeeping provisions. An owner or operator may request approval 
to use alternatives to the continuous operating parameter monitoring 
and recordkeeping provisions listed in Secs. 63.988(c), 63.989(c), 
63.990(c), 63.991(c), 63.992(c), 63.993(c), 63.994(c), 63.998(a)(2) 
through (a)(4), and paragraphs (c)(2) and (c)(3) of this section.
    (i) Requests shall be included in the operating permit application 
or as otherwise specified by the permitting authority, and shall 
contain the information specified in paragraphs (c)(4)(iii) of this 
section.
    (ii) The provisions specified in a referencing subpart will govern 
the review and approval of requests.
    (iii) An owner or operator may request approval to use other 
alternative monitoring and recordkeeping systems as specified in a 
referencing subpart. The application shall contain a description of the 
proposed alternative system. In addition, the application shall include 
information justifying the owner or operator's request for an 
alternative monitoring method, such as the technical or economic 
infeasibility, or the impracticality, of the regulated source using the 
required method.
    (5) Monitoring a different parameter than those listed. The owner 
or operator who has been directed by any section of this subpart that 
expressly references this paragraph to set unique monitoring parameters 
or who requests, as allowed by Sec. 63.996(d), approval to monitor a 
different parameter than those listed in Secs. 63.988(c), 63.989(c), 
63.990(c), 63.991(c), 63.992(c), 63.993(c), 63.994(c), 63.998(a)(2) 
through (a)(4), or paragraphs (c)(2) or (c)(3) of this section, or who 
has been directed by Secs. 63.994(c)(2) or 63.995(c)(1) to set unique 
monitoring parameters shall submit the information specified in 
paragraphs (c)(5)(i) through (c)(5)(iii) of this section with the 
operating permit application or as otherwise specified by the 
permitting authority.
    (i) A description of the parameter(s) to be monitored to ensure the 
control technology or pollution prevention measure is operated in 
conformance with its design and achieves the specified emission limit, 
percent reduction, or nominal efficiency, and an explanation of the 
criteria used to select the parameter(s).
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, the schedule for this demonstration, and a statement 
that the owner or operator will establish a range for the monitored 
parameter as part of the Initial Compliance Status Report if required 
under a referencing subpart, unless this information has already been 
included in the operating permit application.

[[Page 55222]]

    (iii) The frequency and content of monitoring, recording, and 
reporting if monitoring and recording is not continuous, or if reports 
of 3-hour average values when the monitored parameter value is outside 
the range established in the operating permit or Initial Compliance 
Status Report will not be included in Periodic Reports required under 
Sec. 63.999(b)(6)(i). The rationale for the proposed monitoring, 
recording, and reporting system shall be included.
    (d) Other records.--(1) Closed vent system records. For closed vent 
systems the owner or operator shall record the information specified in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section, as applicable.
    (i) For closed vent systems collecting regulated material from a 
regulated source, the owner or operator shall record the identification 
of all parts of the closed vent system, that are designated as unsafe 
or difficult to inspect, an explanation of why the equipment is unsafe 
or difficult to inspect, and the plan for inspecting the equipment 
required by Sec. 63.983(b)(2)(ii) or (b)(3)(ii).
    (ii) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall keep a record of the 
information specified in either paragraph (d)(1)(ii)(A) or 
(d)(1)(ii)(B) of this section, as applicable.
    (A) Hourly records of whether the flow indicator specified under 
Sec. 63.983(a)(3)(i) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times of all 
periods when the vent stream is diverted from the control device or the 
flow indicator is not operating.
    (B) Where a seal mechanism is used to comply with 
Sec. 63.983(a)(3)(ii), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done, and shall 
record the occurrence of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that 
has been broken.
    (iii) For a closed vent system collecting regulated material from a 
regulated source, when a leak is detected as specified in 
Sec. 63.983(d)(1), the information specified in paragraphs 
(d)(1)(iii)(A) through (d)(1)(iii)(F) of this section shall be recorded 
and kept for 2 years.
    (A) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (B) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (C) The date of successful repair of the leak.
    (D) The maximum instrument reading measured by the procedures in 
Sec. 63.983(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (E) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak. The 
owner or operator may develop a written procedure that identifies the 
conditions that justify a delay of repair. In such cases, reasons for 
delay of repair may be documented by citing the relevant sections of 
the written procedure.
    (F) Copies of the periodic reports as specified in Sec. 63.999(b), 
if records are not maintained on a computerized database capable of 
generating summary reports from the records.
    (iv) For each instrumental or visual inspection conducted in 
accordance with Sec. 63.983(b)(1) for closed vent systems collecting 
regulated material from a regulated source during which no leaks are 
detected, the owner or operator shall record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (2) Storage vessel records. An owner or operator shall keep readily 
accessible records of the information specified in paragraphs (d)(2)(i) 
through (d)(2)(iii) of this section, as applicable.
    (i) A record of the measured values of the parameters monitored in 
accordance with Sec. 63.985(c) or Sec. 63.987(c).
    (ii) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Secs. 63.983(a), 63.985(a), or 63.987(a), 
as applicable, due to the planned routine maintenance. Such a record 
shall include the information specified in paragraphs (d)(2)(ii)(A) 
through (d)(2)(ii)(C) of this section. This information shall be 
submitted in the periodic reports as specified in Sec. 63.999(b)(1)(i).
    (A) The first time of day and date the requirements of 
Secs. 63.983(a). Sec. 63.985(a), or Sec. 63.987(a), as applicable, were 
not met at the beginning of the planned routine maintenance, and
    (B) The first time of day and date the requirements of 
Secs. 63.983(a), 63.985(a), or 63.987(a), as applicable, were met at 
the conclusion of the planned routine maintenance.
    (C) A description of the type of maintenance performed.
    (iii) Bypass records for storage vessel emissions routed to a 
process or fuel gas system. An owner or operator who uses the bypass 
provisions of Sec. 63.983(a)(3) shall keep in a readily accessible 
location the records specified in paragraphs (d)(2)(iii)(A) through 
(d)(2)(iii)(C) of this section.
    (A) The reason it was necessary to bypass the process equipment or 
fuel gas system;
    (B) The duration of the period when the process equipment or fuel 
gas system was bypassed;
    (C) Documentation or certification of compliance with the 
applicable provisions of Sec. 63.983(a)(3)(i) or (a)(3)(ii).
    (3) Regulated source and control equipment startup, shutdown and 
malfunction records.
    (i) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of operation of process equipment or of air 
pollution control equipment used to comply with this part during which 
excess emissions (as defined in a referencing subpart) occur.
    (ii) For each startup, shutdown, and malfunction during which 
excess emissions occur, records that the procedures specified in the 
source's startup, shutdown, and malfunction plan were followed, and 
documentation of actions taken that are not consistent with the plan. 
For example, if a startup, shutdown, and malfunction plan includes 
procedures for routing control device emissions to a backup control 
device (e.g., the incinerator for a halogenated stream could be routed 
to a flare during periods when the primary control device is out of 
service), records must be kept of whether the plan was followed. These 
records may take the form of a ``checklist,'' or other form of 
recordkeeping that confirms conformance with the startup, shutdown, and 
malfunction plan for the event.
    (4) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(4)(i) and 
(d)(4)(ii) of this section for closed vent systems and control devices 
if specified by the equipment leak provisions in a referencing subpart. 
The records specified in paragraph (d)(4)(i) of this section shall be 
retained for the life of the equipment. The records specified in 
paragraph (d)(4)(ii) of this section shall be retained for 2 years.
    (i) The design specifications and performance demonstrations 
specified

[[Page 55223]]

in paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this section.
    (A) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (B) The dates and descriptions of any changes in the design 
specifications.
    (C) A description of the parameter or parameters monitored, as 
required in a referencing subpart, to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (ii) Records of operation of closed vent systems and control 
devices, as specified in paragraphs (d)(4)(ii)(A) through (d)(4)(ii)(C) 
of this section.
    (A) Dates and durations when the closed vent systems and control 
devices required are not operated as designed as indicated by the 
monitored parameters, including periods when a flare pilot light system 
does not have a flame.
    (B) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (C) Dates and durations of startups and shutdowns of control 
devices required in this subpart.


Sec. 63.999  Notifications and other reports.

    (a) Performance test and flare compliance determination 
notifications and reports.
    (1) General requirements. General requirements for performance test 
and flare compliance determination notifications and reports are 
specified in paragraphs (a)(1)(i) through (a)(1)(iii) of this section.
    (i) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 calendar days 
before the performance test is scheduled to allow the Administrator the 
opportunity to have an observer present. If after 30 days notice for an 
initially scheduled performance test, there is a delay (due to 
operational problems, etc.) in conducting the scheduled performance 
test, the owner or operator of an affected facility shall notify the 
Administrator as soon as possible of any delay in the original test 
date. The owner or operator shall provide at least 7 days prior notice 
of the rescheduled date of the performance test, or arrange a 
rescheduled date with the Administrator by mutual agreement.
    (ii) Unless specified differently in this subpart or a referencing 
subpart, performance test and flare compliance determination reports, 
not submitted as part of an Initial Compliance Status Report, shall be 
submitted to the Administrator within 60 days of completing the test or 
determination.
    (iii) Any application for a waiver of an initial performance test 
or flare compliance determination, as allowed by Sec. 63.997(b)(2), 
shall be submitted no later than 90 calendar days before the 
performance test or compliance determination is required. The 
application for a waiver shall include information justifying the owner 
or operator's request for a waiver, such as the technical or economic 
infeasibility, or the impracticality, of the source performing the 
test.
    (2) Performance test and flare compliance determination report 
submittal and content requirements. Performance test and flare 
compliance determination reports shall be submitted as specified in 
paragraphs (a)(2)(i) through (a)(2)(iii) of this section.
    (i) For performance tests of flare compliance determinations, the 
Initial Compliance Status Report or performance test and flare 
compliance determination report shall include one complete test report 
as specified in paragraph (a)(2)(ii) of this section for each test 
method used for a particular kind of emission point and other 
applicable information specified in (a)(2)(iii) of this section. For 
additional tests performed for the same kind of emission point using 
the same method, the results and any other information required in 
applicable sections of this subpart shall be submitted, but a complete 
test report is not required.
    (ii) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and 
laboratory analyses, documentation of calculations, and any other 
information required by the test method.
    (iii) The performance test or flare compliance determination report 
shall also include the information specified in (a)(2)(iii)(A) through 
(a)(2)(iii)(C), as applicable.
    (A) For flare compliance determinations, the owner or operator 
shall submit the records specified in Sec. 63.998(a)(1)(i).
    (B) For nonflare combustion device and halogen reduction device 
performance tests as required under Secs. 63.988(b), 63.989(b), 
63.990(b), 63.991(b), 63.992(b), 63.994(b), or 63.995(b), also submit 
the records specified in Sec. 63.998(a)(2)(ii), as applicable.
    (C) For process vents also submit the records specified in 
Sec. 63.998(a)(3), as applicable.
    (b) Control device monitoring reports.
    (1) Control of emissions from storage vessels, periodic reports. 
For storage vessels, the owner or operator shall include in each 
periodic report required the information specified in paragraphs 
(b)(1)(i) through (b)(1)(iii) of this section.
    (i) For the 6-month period covered by the periodic report, the 
information recorded in Sec. 63.998(d)(2)(ii)(A) through 
(d)(2)(iii)(C).
    (ii) For the time period covered by the periodic report and the 
previous periodic report, the total number of hours that the control 
system did not meet the requirements of Secs. 63.983(a), 63.985(a), or 
63.987(a) due to planned routine maintenance.
    (iii) A description of the planned routine maintenance during the 
next 6-month periodic reporting period that is anticipated to be 
performed for the control system when it is not expected to meet the 
required control efficiency. This description shall include the type of 
maintenance necessary, planned frequency of maintenance, and expected 
lengths of maintenance periods.
    (2) Control of emissions from storage vessels and transfer racks 
through routing to a fuel gas system or process, Initial Compliance 
Status Report. An owner or operator who elects to comply with 
Sec. 63.984 by routing emissions from a storage vessel or transfer rack 
to a process or to a fuel gas system shall submit as part of the 
Initial Compliance Status Report the information specified in 
paragraphs (b)(2)(i) and (b)(2)(ii), or (b)(2)(iii) of this section, as 
applicable.
    (i) Storage vessels. If storage vessels emissions are routed to a 
process, the owner or operator shall submit the information specified 
in Sec. 63.984(b)(2).
    (ii) Storage vessels. If storage vessels emissions are routed to a 
fuel gas system, the owner or operator shall submit a statement that 
the emission stream is connected to the fuel gas system and whether the 
conveyance system is subject to the requirements of Sec. 63.983.
    (iii) Transfer racks. Report that the transfer operation emission 
stream is being routed to a fuel gas system or process, when complying 
with a referencing subpart.
    (3) Control of emissions from storage vessels and low throughput 
transfer racks through a nonflare control device, Initial Compliance 
Status Report. An owner or operator who elects to comply with 
Sec. 63.985 by routing emissions from

[[Page 55224]]

a storage vessel or low throughput transfer rack to a nonflare control 
device shall submit, with the Initial Compliance Status Report required 
by a referencing subpart, the information specified in paragraphs 
(b)(3)(i) and (b)(3)(ii) of this section, and in either paragraph 
(b)(3)(iii) or (b)(3)(iv) of this section; and paragraph (b)(3)(v), if 
applicable.
    (i) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed (e.g., when the liquid level in the storage vessel is 
being raised). If continuous records are specified, whether the 
provisions of paragraphs (b)(6)(i) and (b)(6)(iii) of this section 
apply.
    (ii) The information specified in paragraphs (b)(3)(ii)(A) and, if 
applicable, (b)(3)(ii)(B) of this section.
    (A) The operating range for each monitoring parameter identified in 
the monitoring plan. The specified operating range shall represent the 
conditions for which the control device is being properly operated and 
maintained.
    (B) Summary of the results of the performance test described in 
Sec. 63.985(b)(1)(ii) or (b)(1)(iii), as applicable. If a performance 
test is conducted as provided in Sec. 63.985(b)(1)(ii), submit the 
results of the performance test, including the information specified in 
Sec. 63.999(a)(1)(i) and (a)(1)(ii).
    (iii) The documentation specified in Sec. 63.985(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation; or
    (iv) The information specified in paragraphs (b)(3)(iv)(A) and 
(b)(3)(iv)(B) of this section if the owner or operator elects to submit 
the results of a performance test as specified in Sec. 63.985(b)(1)(ii) 
or (b)(1)(iii).
    (A) Identification of the storage vessel or transfer rack and 
control device for which the performance test will be submitted, and
    (B) Identification of the emission point(s), if any, that share the 
control device with the storage vessel or transfer rack and for which 
the performance test will be conducted.
    (v) The provisions of paragraphs (b)(6)(i) and (b)(6)(ii) of this 
section do not apply to any low throughput transfer rack for which the 
owner or operator has elected to comply with Sec. 63.985 or to any 
storage vessel for which the owner or operator is not required, by the 
applicable monitoring plan established under (b)(3)(i) and (b)(3)(ii) 
of this section to keep continuous records. If continuous records are 
required, the owner or operator shall specify in the monitoring plan 
whether the provisions of paragraphs (b)(6)(i) and (b)(6)(ii) of this 
section apply.
    (4) Control of emissions from storage vessels and low throughput 
transfer racks through a nonflare control device, periodic reports. If 
a control device other than a flare is used to control emissions from 
storage vessels or low throughput transfer racks, the periodic report 
shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Initial Compliance 
Status Report in accordance with paragraph (b)(3) of this section. The 
description shall include the information specified in paragraphs 
(b)(4)(i) and (b)(4)(ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) The cause for the measured parameters to be outside of the 
established ranges.
    (5) Control of emissions from process vents and transfer operations 
(except low throughput transfer racks), Initial Compliance Status 
Report. The owner or operator shall submit as part of the Initial 
Compliance Status Report, the operating range for each monitoring 
parameter identified for each control, recovery, or halogen reduction 
device as determined in Secs. 63.988(c)(2), 63.989(c)(2), 63.990(c)(2), 
63.991(c)(2), 63.992(c)(2), 63.993(c)(5), 63.994(c)(3), and 
63.995(c)(2). The specified operating range shall represent the 
conditions for which the control, recovery, or halogen reduction device 
is being properly operated and maintained. This report shall include 
the information in paragraphs (b)(5)(i) through (b)(5)(iii) of this 
section, as applicable, unless the range and the 3-hour periods have 
been established in the operating permit.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to 
develop the range and a description of why the range indicates proper 
operation of the control, recovery, or halogen reduction device, as 
specified in paragraphs (b)(5)(ii)(A), (b)(5)(ii)(B), or (b)(5)(ii)(C) 
of this section, as applicable.
    (A) If a performance test or TRE index value determination is 
required a referencing subpart for a control, recovery or halogen 
removal device, the range shall be based on the parameter values 
measured during the TRE index value determination or performance test 
and may be supplemented by engineering assessments and/or 
manufacturer's recommendations. TRE index value determinations and 
performance testing is not required to be conducted over the entire 
range of permitted parameter values.
    (B) If a performance test or TRE index value determination is not 
required by a referencing subpart for a control, recovery, or halogen 
reduction device, the range may be based solely on engineering 
assessments and/or manufacturer's recommendations.
    (C) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (iii) A definition of the source's 3-hour periods for purposes of 
determining 3-hour average values of monitored parameters. The 
definition shall specify the times at which a 3-hour period begins and 
ends.
    (6) Control of emissions from regulated sources, periodic reports. 
(i) Periodic reports shall include the 3-hour average values of 
monitored parameters, calculated as specified in Sec. 63.998(c)(1) for 
any days when the 3-hour average value is outside the bounds as defined 
in Sec. 63.998(b)(2) or the data availability requirements defined in 
paragraphs (b)(6)(i)(A) through (b)(6)(i)(D) of this section are not 
met, whether these excursions are excused or unexcused excursions. For 
excursions caused by lack of monitoring data, the duration of periods 
when monitoring data were not collected shall be specified. An 
excursion means any of the three cases listed in paragraphs 
(b)(6)(i)(A) through (b)(6)(i)(C) of this section. For a control device 
where multiple parameters are monitored, if one or more of the 
parameters meets the excursion criteria in paragraphs (b)(6)(i)(A) 
through (b)(6)(i)(C) of this section, this is considered a single 
excursion for the control device.
    (A) When the 3-hour average value of one or more monitored 
parameters is outside the permitted range.
    (B) When the period of control or recovery device operation is 4 
hours or greater in a 3-hour period and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.
    (C) When the period of control or recovery device operation is less 
than 4 hours in a 3-hour period and more than one of the hours during 
the period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.

[[Page 55225]]

    (D) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (b)(6)(i)(B) and (b)(6)(i)(C) of this 
section, if measured values are unavailable for any of the 15-minute 
periods within the hour.
    (ii) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec. 63.998(a)(2)(ii)(C) were outside the 
ranges established in the Initial Compliance Status Report or in the 
operating permit.
    (7) Replacing an existing control or recovery device. As specified 
in Secs. 63.987(b)(2), 63.988(b)(3), 63.989(b)(3), 63.990(b)(2), 
63.991(b)(2), 63.992(b)(2), or 63.993(b)(2), if an owner or operator at 
a facility not required to obtain a title V permit elects at a later 
date to use a different control or recovery device, then the 
Administrator shall be notified by the owner or operator before 
implementing the change. This notification may be included in the 
facility's periodic reporting.
    (8) Halogen reduction device. The owner or operator shall submit as 
part of the Initial Compliance Status Report the information recorded 
pursuant to Sec. 63.998(a)(4).
    (9) Flare compliance monitoring results. The owner or operator 
shall submit as part of the periodic reports the information recorded 
pursuant to Sec. 63.998(a)(1)(iii).
    3. Part 63 is amended by adding subpart TT to read as follows:

Subpart TT--National Emission Standards for Equipment Leaks--Control 
Level 1

Sec.
63.1000  Applicability.
63.1001  Definitions.
63.1002  Compliance determination.
63.1003  Equipment identification.
63.1004  Instrument and sensory monitoring for leaks.
63.1005  Leak repair.
63.1006  Valves in gas and vapor service and in light liquid service 
standards.
63.1007  Pumps in light liquid service standards.
63.1008  Connectors in gas and vapor service and in light liquid 
service standards.
63.1009  Agitators in gas and vapor service and in light liquid 
service.
63.1010  Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in liquid service; and 
instrumentation systems standards.
63.1011  Pressure relief devices in gas and vapor service standards.
63.1012  Compressor standards.
63.1013  Sampling connection systems standards.
63.1014  Open-ended valves or lines standards.
63.1015  Closed vent systems and control devices; or emissions 
routed to a fuel gas system or process standards.
63.1016  Alternative means of emission limitation: Enclosed-vented 
process units and affected facilities.
63.1017  Recordkeeping requirements.
63.1018  Reporting requirements.


Sec. 63.1000  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from equipment leaks for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for equipment leaks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to the referencing subpart. The provisions of 40 CFR part 63 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.
    (b) Equipment subject to this subpart. This subpart applies to 
pumps, compressors, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors and any closed 
vent systems and control devices used to meet the requirements of this 
subpart that contacts or services regulated material as specified in 
the referencing subpart.
    (c) Exemptions. Paragraphs (c)(1) and (c)(2) delineate equipment 
that is excluded from the requirements of this subpart.
    (1) Equipment in vacuum service. Equipment that is in vacuum 
service is excluded from the requirements of this subpart.
    (2) Equipment in service less than 300 hours per calendar year.
    (i) Equipment that is in regulated material service less than 300 
hours per calendar year is excluded from the requirements of 
Secs. 63.1006 through 63.1015 of this subpart if it is identified as 
required in paragraph (c)(2)(ii) of this section.
    (ii) The identity, either by list, location (area or group), or 
other method, of equipment in regulated-material service less than 300 
hours per calendar year within a process unit and affected facility 
subject to the provisions of this subpart shall be recorded.
    (iii) Lines and equipment not containing process fluids. Except as 
provided in a referencing subpart, lines and equipment not containing 
process fluids are not subject to the provisions of this subpart. 
Utilities, and other nonprocess lines, such as heating and cooling 
systems which do not combine their materials with those in the 
processes they serve, are not considered to be part of a process unit 
or affected facility.


Sec. 63.1001  Definitions.

    All terms used in this part shall have the meaning given them in 
the Act and in this section.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec. 63.1008(d)(2) of this subpart.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the 
two block valves.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in regulated-material service; 
and any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Sec. 63.1004(b) of this subpart, as appropriate, to verify whether the 
leak is repaired, unless the owner or operator determines by other 
means that the leak is not repaired.
    In gas or vapor service means that a piece of equipment in 
regulated material service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in 
regulated-material service is not in gas or vapor service or in light 
liquid service.
    In light liquid service means that a piece of equipment in 
regulated-material service contains a liquid that meets the following 
conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20  deg.C,
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
 deg.C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.

[[Page 55226]]

    (Note: Vapor pressures may be determined by standard reference 
texts or ASTM D-2879.)
    In liquid service means that a piece of equipment in regulated-
material service is not in gas or vapor service.
    In regulated-material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service'', 
``in VHAP service'', ``in organic hazardous air pollutant service,'' or 
``in'' other chemicals or groups of chemicals ``service'' as defined in 
the referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Instrumentation system means a group of equipment components used 
to condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are 
the predominant type of equipment used in instrumentation systems; 
however, other types of equipment may also be included in these 
systems. Only valves nominally 1.27 centimeters (0.5 inches) and 
smaller, and connectors nominally 1.91 centimeters (0.75 inches) and 
smaller in diameter are considered instrumentation systems for the 
purposes of this subpart. Valves greater than nominally 1.27 
centimeters (0.5 inches) and connectors greater than nominally 1.91 
centimeters (0.75 inches) associated with instrumentation systems are 
not considered part of instrumentation systems and must be monitored 
individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications 
of liquids dripping include puddling or new stains that are indicative 
of an existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a 
process unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves, 
having one side of the valve seat in contact with process fluid and one 
side open to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to 
indicate the concentration level of organic compounds based on a 
detection principle such as infra-red, photo ionization, or thermal 
conductivity.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable 
working pressure of the process equipment. A common pressure relief 
device is a spring-loaded pressure relief valve. Devices that are 
actuated either by a pressure of less than or equal to 2.5 pounds per 
square inch gauge or by a vacuum are not pressure relief devices.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period due to a malfunction in the process.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to gases 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this subpart, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired, for the purposes of this subpart and subpart SS of this 
part, means the following:
    (1) Equipment is adjusted, or otherwise altered, to eliminate a 
leak as defined in the applicable sections of this subpart, and
    (2) Equipment, unless otherwise specified in applicable provisions 
of this subpart, is monitored as specified in Sec. 63.1004(b) and 
subpart SS of this part, as appropriate, to verify that emissions from 
the equipment are below the applicable leak definition.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) connector means a threaded pipe fitting where 
the threads are cut on the pipe wall and the fitting requires only two 
pieces to make the connection (i.e., the pipe and the fitting).


Sec. 63.1002  Compliance determination.

    (a) General procedures for compliance determination. Compliance 
with this subpart will be determined by review of the records required 
by Sec. 63.1017 and the reports required by Sec. 63.1018, by review of 
performance test results, and by inspections.
    (b) Alternative means of emission limitation. (1) An owner or 
operator may request a determination of alternative means of emission 
limitation to the requirements of Secs. 63.1006 through 63.1015 as 
provided in paragraphs (b)(2) through (b)(6) of this section. If the 
Administrator makes a determination that an alternative means of 
emission limitation is a permissible alternative, the owner or operator 
shall comply with the alternative.
    (2) Permission to use an alternative means of emission limitation 
shall be governed by the following procedures in paragraphs (b)(3) 
through (b)(6) of this section.
    (3) Where the standard is an equipment, design, or operational 
requirement the criteria specified in paragraphs (b)(3)(i) and 
(b)(3)(ii) shall be met.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (4) Where the standard is a work practice the criteria specified in 
paragraphs (b)(4)(i) through (b)(4)(vi) shall be met.
    (i) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.
    (ii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the required work practices shall be 
demonstrated for a minimum period of 12 months.
    (iii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the alternative means of emission 
limitation shall be demonstrated.

[[Page 55227]]

    (iv) Each owner or operator applying for permission shall commit, 
in writing, for each kind of equipment to work practices that provide 
for emission reductions equal to or greater than the emission 
reductions achieved by the required work practices.
    (v) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices and 
will consider the commitment in paragraph (b)(4)(iv) of this section.
    (vi) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve 
the same or greater emission reduction as the required work practices 
of this subpart.
    (5) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (6) If, in the judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register.
    (7)(i) Manufacturers of equipment used to control equipment leaks 
of a regulated material may apply to the Administrator for permission 
for an alternative means of emission limitation that achieves a 
reduction in emissions of the regulated material achieved by the 
equipment, design, and operational requirements of this subpart.
    (ii) The Administrator will grant permission according to the 
provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this 
section.


Sec. 63.1003  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Secs. 63.1006 to 63.1015 shall be 
specifically identified as required in paragraphs (b)(1) through (b)(6) 
of this section, as applicable.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provisions of Sec. 63.1108(e)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated. With respect to connectors, the 
identification shall be complete no later than the completion of the 
initial survey required by Sec. 63.1008(a)(1)(i).
    (2) Routed to a process or fuel gas system or equipped with a 
closed vent system and control device. Identify the equipment that the 
owner or operator elects to route to a process or fuel gas system or 
equip with a closed vent system and control device, under the 
provisions of Sec. 63.1007(e)(3) (pumps in light liquid service), 
Sec. 63.1009 (agitators in gas and vapor service and in light liquid 
service), Sec. 63.1011(d) (pressure relief devices in gas and vapor 
service), Sec. 63.1012(e) (compressors), or Sec. 63.1016 (alternative 
means of emission limitation for enclosed vented process units) of this 
subpart.
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.1011(e) of 
this subpart.
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of this subpart. Individual components in an 
instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per 
calendar year within a process unit or affected facilities subject to 
the provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor.
    (1) Designation and criteria for unsafe-to-monitor. Valves meeting 
the provisions of Sec. 63.1006(e)(1), pumps meeting the provisions of 
Sec. 63.1007(e)(5), and connectors meeting the provisions of 
Sec. 63.1008(d)(1) may be designated unsafe-to-monitor if the owner or 
operator determines that monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with the monitoring 
requirements of this subpart. Examples of an unsafe-to-monitor 
equipment include, but is not limited to, equipment under extreme 
pressure or heat.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 63.1006(e)(2) of this subpart may be 
designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(i) of this section apply. Agitators meeting the provisions of 
Sec. 63.1009(f)(5) may be designated difficult-to-monitor if the 
provisions of paragraph (c)(2)(ii) apply.
    (i) Valves.
    (A) The owner or operator of the valve determines that the 
equipment cannot be monitored without elevating the monitoring 
personnel more than 2 meters (7 feet) above a support surface or it is 
not accessible in a safe manner when it is in regulated material 
service.
    (B) The process unit or affected facility within which the valve is 
located is an existing source, or a new source for which the owner or 
operator designates less than 3 percent of the total number of valves 
as difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more 
than 2 meters (7 feet) above a support surface or it is not accessible 
in a safe manner when it is in regulated material service.
    (3) Identification of equipment. The information specified in 
paragraphs (c)(3)(i) and (c)(3)(ii) pertaining to equipment designated 
as unsafe-to-monitor or difficult-to-monitor according to the 
provisions of paragraph (c)(1) of this section shall be recorded.
    (i) The identity of equipment designated as unsafe-to-monitor or 
difficult-to-monitor and the plan for monitoring this equipment.
    (ii) The identity of the equipment designated as difficult-to-
monitor, an explanation why the equipment is difficult-to-monitor, and 
the planned schedule for monitoring this equipment.
    (4) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor or difficult-to-monitor according to the provisions 
of paragraphs (c)(1) or (c)(2) of this section, the planned schedule 
for monitoring this equipment, and an explanation why the equipment is 
unsafe or difficult-to-monitor, if applicable. This record must be kept 
at the plant and be available for review by an inspector.
    (5) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor according to the provisions 
of paragraph (c)(1)(i) of this section shall have a written plan that 
requires monitoring of the equipment as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment

[[Page 55228]]

according to the procedures in Sec. 63.1005 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year.
    (d) Special equipment designations: Unsafe-to-repair.--(1) 
Designation and criteria. Connectors subject to the provisions of 
Sec. 63.1005(e) may be considered unsafe-to-repair if the owner or 
operator determines that repair personnel would be exposed to an 
immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit or affected facility shutdown 
as specified in Sec. 63.1005(e) of this subpart.
    (2) Identification of equipment. The identity of connectors 
designated as unsafe-to-repair and an explanation why the connector is 
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Equipment operating with no 
detectable emissions.--(1) Designation and criteria. Equipment may be 
designated as having no detectable emissions if it has no external 
actuating mechanism in contact with the process fluid, and is operated 
with emissions less than 500 parts per million above background as 
determined by the method specified in Sec. 63.1004(c).
    (2) Identification of equipment. The identity of equipment 
designated as no detectable emissions shall be recorded.
    (3) Identification of compressors operating under no detectable 
emissions. Identify the compressors that the owner or operator elects 
to designate as operating with an instrument reading of less than 500 
parts per million above background, under the provisions of 
Sec. 63.1012(f).


Sec. 63.1004  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor all regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor 
service and in light liquid service shall be monitored pursuant to 
Sec. 63.1006(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 63.1007(b).
    (iii) Connectors in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec. 63.1008(b).
    (iv) Agitators in gas and vapor service and in light liquid service 
shall be monitored pursuant to Sec. 63.1009(b).
    (v) Pressure relief devices in gas and vapor service shall be 
monitored pursuant to Sec. 63.1011(b) and (c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million as described in Sec. 63.1003(e), shall 
be monitored pursuant to Sec. 63.1012(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec. 63.1007(b)(4) and (e)(1).
    (ii) Inaccessible, ceramic, or ceramic-lined connectors in gas and 
vapor service and in light liquid service shall be observed pursuant to 
Sec. 63.1008(d)(2).
    (iii) Agitators in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec. 63.1009(b)(3) or (e)(1).
    (iv) Pumps, valves, agitators, and connectors in heavy liquid 
service; instrumentation systems; and pressure relief devices in liquid 
service shall be observed pursuant to Sec. 63.1010(b)(1).
    (b) Instrument monitoring methods. Instrument monitoring, as 
required under this subpart, shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40 
CFR part 60, appendix A.
    (2) Detection instrument performance criteria.
    (i) Except as provided for in paragraph (b)(2)(ii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the 
representative composition of the process fluid, and not for each 
individual HAP, VOC or other regulated material individual chemical 
compound in the stream. For process streams that contain nitrogen, air, 
or other inerts that are not regulated-materials, the representative 
stream response factor shall be calculated on an inert-free basis. The 
response factor may be determined at any concentration for which 
monitoring for leaks will be conducted.
    (ii) If there is no instrument commercially available that will 
meet the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid, calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument shall be calibrated before use on each day of its use by the 
procedures specified in Method 21 of 40 CFR part 60, appendix A.
    (4) Detection instrument calibration gas. Calibration gases shall 
be zero air (less than 10 parts per million of hydrocarbon in air); and 
a mixture of methane in air at a concentration of approximately, but 
less than, 10,000 parts per million; or a mixture of n-hexane in air at 
a concentration of approximately, but less than, 10,000 parts per 
million. A calibration gas other then methane in air or n-hexane in air 
may be used if the instrument does not respond to methane or n-hexane 
or if the instrument does not meet the performance criteria specified 
in paragraph (b)(2)(i) of this section. In such cases, the calibration 
gas may be a mixture of one or more compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the 
regulated source becoming subject to the referencing subpart that do 
not meet the criteria specified in paragraphs (b)(1) through (b)(5) of 
this section may still be used to initially qualify for less frequent 
monitoring under the provisions in Sec. 63.1006(a)(2), (b)(3) or (b)(4) 
for valves or Sec. 63.1008(b) for connectors provided the departures 
from the criteria specified or from the specified monitoring frequency 
of Sec. 63.1006(b)(3) are minor and do not significantly affect the 
quality of the data. Examples of minor departures are monitoring at a 
slightly different frequency (such as every six weeks instead of 
monthly or quarterly), following the performance criteria of section 
3.1.2(a) of Method 21 of Appendix A of 40 CFR part 60 instead of 
paragraph (b)(2) of this section, or monitoring at a different leak 
definition if the data would indicate the presence or absence of a leak 
at the concentration specified in the referencing subpart. Failure to 
use a calibrated instrument is not considered a minor departure.
    (c) Instrument monitoring using background adjustments. The owner 
or operator may elect to adjust or not to adjust the instrument 
readings for background. If an owner or operator elects not to adjust 
instrument readings for background, the owner or operator shall monitor 
the equipment according to the procedures specified in paragraphs 
(b)(1) through (b)(4) of this

[[Page 55229]]

section. In such case, all instrument readings shall be compared 
directly to the applicable leak definition for the monitored equipment 
to determine whether there is a leak or to determine compliance with 
Sec. 63.1011(b) (pressure relief devices in gas and vapor service) or 
Sec. 63.1012(f) (compressors). If an owner or operator elects to adjust 
instrument readings for background, the owner or operator shall monitor 
the equipment according to the procedures specified in paragraphs 
(c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(4) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible (as described in 
Method 21 of 40 CFR part 60, appendix A).
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definitions for the monitored equipment to 
determine whether there is a leak or to determine compliance with 
Sec. 63.1011(b) (pressure relief devices in gas and vapor service) or 
Sec. 63.1012(f) (compressors).
    (d) Sensory monitoring methods. Sensory monitoring, as required 
under this subpart, shall consist of detection of a potential leak to 
the atmosphere by visual, audible, olfactory, or any other detection 
method.
    (e) Leaking equipment identification and records.
    (1) When each leak is detected pursuant to the monitoring specified 
in paragraph (a) of this section, a weatherproof and readily visible 
identification, marked with the equipment identification, shall be 
attached to the leaking equipment.
    (2) When each leak is detected, the information specified in 
paragraphs (e)(2)(i) and (e)(2)(ii) shall be recorded and kept pursuant 
to the referencing subpart.
    (i) The instrument and the equipment identification and the 
operator name, initials, or identification number if a leak is detected 
or confirmed by instrument monitoring.
    (ii) The date the leak was detected.


Sec. 63.1005  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical, but not later than 15 calendar days 
after it is detected, except as provided in paragraph (d) of this 
section. A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempt at repair for 
pumps includes, but is not limited to, tightening the packing gland 
nuts and/or ensuring that the seal flush is operating at design 
pressure and temperature. First attempt at repair for valves includes, 
but is not limited to, tightening the bonnet bolts, and/or replacing 
the bonnet bolts, and/or tightening the packing gland nuts, and/or 
injecting lubricant into the lubricated packing.
    (b) Leak identification removal--(1) Valves and connectors. The 
leak identification on a valve may be removed after it has been 
monitored as specified in Sec. 63.1006(b), and no leak has been 
detected during that monitoring. The leak identification on a connector 
may be removed after it has been monitored as specified in 
Sec. 63.1008(b) and no leak has been detected during that monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec. 63.1004(e), on equipment determined to have a leak, 
except for a valve or for a connector that is subject to the provisions 
of Sec. 63.1008(b), may be removed after it is repaired.
    (c) Delay of repair. Delay of repair can be used as specified in 
any of paragraphs (c)(1) through (c)(5) of this section. The owner or 
operator shall maintain a record of the facts that explain any delay of 
repairs and, where appropriate, why the repair was technically 
infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if the repair is technically infeasible without a process 
unit or affected facility shutdown within 15 days after a leak is 
detected. Repair of this equipment shall occur as soon as practical, 
but not later than by the end of the next process unit or affected 
facility shutdown, except as provided in paragraph (c)(5) of this 
section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that 
does not remain in regulated-material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the criteria specified in paragraphs (c)(3)(i) and 
(c)(3)(ii) are met.
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control or recovery device 
complying with subpart SS of this part.
    (4) Delay of repair for pumps is allowed if the criteria specified 
in paragraphs (c)(4)(i) and (c)(4)(ii) are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined will provide better 
performance or one of the specifications of paragraphs (c)(4)(i)(A) 
through (c)(4)(i)(C) of this section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 63.1007(e)(1) will be installed,
    (B) A pump that meets the requirements of Sec. 63.1007(e) will be 
installed; or
    (C) A system that routes emissions to a process or a fuel gas 
system or a closed vent system and control device that meets the 
requirements of Sec. 63.1007(e)(3) will be installed.
    (ii) Repair is to be completed as soon as practical, but not later 
than 6 months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the process unit or affected facility shutdown, and 
valve assembly supplies have been depleted, and valve assembly supplies 
had been sufficiently stocked before the supplies were depleted. Delay 
of repair beyond the second process unit or affected facility shutdown 
will not be allowed unless the third process unit or affected facility 
shutdown occurs sooner than 6 months after the first process unit or 
affected facility shutdown.
    (d) Unsafe-to-repair connectors. Any connector that is designated, 
as described in Sec. 63.1003(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 63.1008(b), and paragraph (a) of 
this section.
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraph (a) of this section; and
    (2) The connector will be repaired before the end of the next 
scheduled process unit or affected facility shutdown.
    (e) Leak repair records. For each leak detected, the information 
specified in paragraphs (e)(1) through (e)(5) of this section shall be 
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part

[[Page 55230]]

60, appendix A at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak as 
specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup, shutdown, and 
malfunction plan, as required by the referencing subpart for the 
source, or may be part of a separate document that is maintained at the 
plant site. In such cases, reasons for delay of repair may be 
documented by citing the relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on site before depletion and the reason for depletion.
    (5) Dates of process unit or affected facility shutdowns that occur 
while the equipment is unrepaired.


Sec. 63.1006  Valves in gas and vapor service and in light liquid 
service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply 
with this section no later than the compliance dates specified in the 
referencing subpart.
    (2) The use of monitoring data generated before the regulated 
source became subject to the referencing subpart to initially qualify 
for less frequent monitoring is governed by the provisions of 
Sec. 63.1004(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b), 
or Sec. 63.1005(c), or in paragraph (e) of this section, or the 
referencing subpart, the owner or operator shall monitor all valves at 
the intervals specified in paragraphs (b)(3) through (b)(6) of this 
section and shall comply with all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect 
leaks by the method specified in Sec. 63.1004(b) and (c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million or greater.
    (3) Monitoring period. (i) Each valve shall be monitored monthly to 
detect leaks, except as provided in paragraphs (b)(3)(ii), (e)(1), 
(e)(2), and (e)(4) of this section. An owner or operator may otherwise 
elect to comply with one of the alternative standards in paragraphs 
(b)(5) or (b)(6) of this section as specified in paragraph (b)(4) of 
this section.
    (ii)(A) Any valve for which a leak is not detected for 2 successive 
months may be monitored the same month (first, second, or third month) 
of every quarter, beginning with the next quarter, until a leak is 
detected. The first quarterly monitoring shall occur less than 3 months 
following the last monthly monitoring.
    (B) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (C) For purposes of paragraph (b) of this section, quarter means a 
3-month period with the first quarter concluding on the last day of the 
last full month during the 180 days following initial startup.
    (4) Allowance of alternative standards. An owner or operator may 
elect to comply with one of the alternatives specified in either 
paragraph (b)(5) or (b)(6) of this section if the percentage of valves 
leaking is equal to or less than 2.0 percent as determined by the 
procedure in paragraph (c) of this section. An owner or operator must 
notify the Administrator before implementing one of the alternatives 
specified in either paragraph (b)(5) or (b)(6) of this section.
    (5) Allowable percentage alternative. An owner or operator choosing 
to comply with the allowable percentage alternative shall have an 
allowable percentage of leakers no greater than 2.0 percent for each 
affected facility or process unit and shall comply with paragraphs 
(b)(5)(i) and (b)(5)(ii) of this section.
    (i) A compliance demonstration for each affected facility or 
process unit or affected facility complying with this alternative shall 
be conducted initially upon designation, annually, and at other times 
requested by the Administrator. For each such demonstration, all valves 
in gas and vapor and light liquid service within the affected facility 
or process unit shall be monitored within 1 week by the methods 
specified in Sec. 63.1004(b). If an instrument reading exceeds the 
equipment leak level specified in the referencing subpart, a leak is 
detected. The leak percentage shall be calculated as specified in 
paragraph (c) of this section.
    (ii) If an owner or operator decides no longer to comply with this 
alternative, the owner or operator must notify the Administrator in 
writing that the work practice standard described in paragraph (b)(3) 
of this section will be followed.
    (6) Skip period alternatives. An owner or operator may elect to 
comply with one of the alternative work practices specified in 
paragraphs (b)(6)(i) or (b)(6)(ii) of this section. An owner or 
operator electing to use one of these skip period alternatives shall 
comply with paragraphs (b)(6)(iii) and (b)(6)(iv) of this section. 
Before using either skip period alternative, the owner or operator 
shall initially comply with the requirements of paragraph (b)(3) of 
this section. Monitoring data generated before the regulated source 
became subject to the referencing subpart that meets the criteria of 
either Sec. 63.1004(b)(1) through (b)(5), or Sec. 63.1004(b)(6), may be 
used to initially qualify for skip period alternatives.
    (i) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by 
the procedure in paragraph (c) of this section, an owner or operator 
may begin to monitor for leaks once every 6 months.
    (ii) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by 
the procedure in paragraph (c) of this section, an owner or operator 
may begin to monitor for leaks once every year.
    (iii) If the percent of valves leaking is greater than 2.0, the 
owner or operator shall comply with paragraph (b)(3) of this section, 
but can elect to comply with paragraph (b)(6) of this section if future 
percent of valves leaking is again equal to or less than 2.0.
    (iv) The owner or operator shall keep a record of the monitoring 
schedule and the percent of valves found leaking during each monitoring 
period.
    (c) Percent leaking valves calculation--calculation basis and 
procedures. (1) The owner or operator shall decide no later than the 
compliance date of this subpart, or upon revision of an operating 
permit whether to calculate percent leaking valves on a process unit or 
group of process units basis. Once the owner or operator has decided, 
all subsequent percentage calculations shall be made on the same basis 
and this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(4)(i) of this section.
    (2) The percent of valves leaking shall be determined by dividing 
the sum of valves found leaking during current monitoring and valves 
for which repair has been delayed by the total number of valves subject 
to the requirements of this section.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 63.1005, as applicable.

[[Page 55231]]

    (2) When a leak has been repaired, the valve shall be monitored at 
least once within the first 3 months after its repair. The monitoring 
required by this paragraph is in addition to the monitoring required to 
satisfy the definition of repair.
    (i) The monitoring shall be conducted as specified in 
Sec. 63.1004(b) and (c), as appropriate, to determine whether the valve 
has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the 
timing of the monitoring period coincides with the time specified in 
this paragraph. Alternatively, other monitoring may be performed to 
satisfy the requirements of this paragraph, regardless of whether the 
timing of the monitoring period for periodic monitoring coincides with 
the time specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted 
pursuant to this paragraph, the owner or operator shall follow the 
provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (c)(1)(ii) of this section.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraph (b) of this section to satisfy the requirements 
of this paragraph, then the valve shall be counted as a leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior 
to the periodic monitoring required by paragraph (b) of this section, 
to satisfy the requirements of this paragraph, then the valve shall be 
counted as a leaking valve unless it is repaired and shown by periodic 
monitoring not to be leaking.
    (e) Special provisions for valves.--(1) Unsafe-to-monitor valves. 
Any valve that is designated, as described in Sec. 63.1003(c)(1), as an 
unsafe-to-monitor valve and the owner or operator monitors the valve 
according to the written plan specified in Sec. 63.1003(c)(5), is 
exempt from the requirements of paragraph (b) of this section and the 
owner or operator shall monitor the valve according to the written plan 
specified in Sec. 63.1003(c)(5).
    (2) Difficult-to-monitor. Any valve that is designated, as 
described in Sec. 63.1003(c)(2), as a difficult-to-monitor valve is 
exempt from the requirements of paragraph (b) of this section and the 
owner or operator shall monitor the valve according to the written plan 
specified in Sec. 63.1003(c)(5).
    (3) Less than 250 valves. Any equipment located at a plant site 
with fewer than 250 valves in regulated material service is exempt from 
the monthly monitoring specified in paragraph (b)(3)(i) of this 
section. Instead, the owner or operator shall monitor each valve in 
regulated material service for leaks once each quarter, or comply with 
paragraphs (b)(3)(ii)(A), (b)(3)(ii)(B), or (b)(3)(ii)(C) of this 
section except as provided in paragraphs (e)(1) and (e)(2) of this 
section.
    (4) No detectable emissions. (i) Any valve that is designated, as 
described in Sec. 63.1003(e), as having no detectable emissions is 
exempt from the requirements of paragraphs (b) through (c) of this 
section if the owner or operator meets the criteria specified in 
paragraphs (e)(4)(i)(1) and (e)(4)(i)(2) of this section.
    (1) Tests the valve for operation with emissions less than 500 
parts per million above background as determined by the method 
specified in Sec. 63.1004(c) initially upon designation, annually, and 
at other times requested by the Administrator, and
    (2) Records the dates of each compliance demonstration, the 
background level measured during each compliance test, and the maximum 
instrument reading measured at the equipment during each compliance 
test.
    (ii) A valve may not be designated or operated for no detectable 
emissions, as described in Sec. 63.1003(e), if the valve has a maximum 
instrument reading minus background greater than 500 parts per million.


Sec. 63.1007  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1003(c) 
of this subpart or paragraphs (e)(1) through (e)(5) of this section, 
the owner or operator shall monitor each pump monthly to detect leaks 
and shall comply with all other provisions of this section.
    (1) Monitoring method. The pumps shall be monitored to detect leaks 
by the method specified in Sec. 63.1004(b) of this subpart.
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million.
    (3) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal, a leak is detected. Unless the 
owner or operator demonstrates (e.g., through instrument monitoring) 
that the indications of liquids dripping are due to a condition other 
than process fluid drips, the leak shall be repaired according to the 
procedures of paragraph (b)(4) of this section.
    (4) Visual inspection: Leak repair. Where a leak is identified by 
visual indications of liquids dripping, repair shall mean that the 
visual indications of liquids dripping have been eliminated.
    (c) Percent leaking pumps calculation.
    (1) The owner or operator shall decide no later than the compliance 
date of this part or upon revision of an operating permit whether to 
calculate percent leaking pumps on a process unit basis or group of 
process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis.
    (2) The number of pumps at a process unit shall be the sum of all 
the pumps in regulated material service, except that pumps found 
leaking in a continuous process unit or within 1 month after startup of 
the pump shall not count in the percent leaking pumps calculation for 
that one monitoring period only.
    (3) Percent leaking pumps shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.015

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through 
monthly monitoring as required in paragraph (b) of this section.
    PT = Total pumps in regulated material service, 
including those meeting the criteria in paragraphs (e)(1) and (e)(2) of 
this section.
    PS = Number of pumps leaking within 1 month of start-up 
during the current monitoring period.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1005, as applicable, unless otherwise specified in paragraph 
(b)(4) of this section for leaks identified by visual indications of 
liquids dripping.
    (e) Special provisions for pumps.--(1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) 
of this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (i) The owner or operator determines, based on design 
considerations and

[[Page 55232]]

operating experience, criteria applicable to the presence and frequency 
of drips and to the sensor that indicates failure of the seal system, 
the barrier fluid system, or both. The owner or operator shall keep 
records at the plant of the design criteria and an explanation of the 
design criteria, and any changes to these criteria and the reasons for 
the changes. This record must be available for review by an inspector.
    (ii) Each dual mechanical seal system shall meet the requirements 
specified in paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this 
section.
    (A) Each dual mechanical seal system is operated with the barrier 
fluid at a pressure that is at all times (except periods of startup, 
shutdown, or malfunction) greater than the pump stuffing box pressure; 
or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of 
subpart SS of this part; or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week 
for indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from 
the pump seal at the time of the weekly inspection, the owner or 
operator shall follow the procedure specified in either paragraph 
(e)(1)(v)(A) or (e)(1)(v)(B) of this section.
    (A) The owner or operator shall monitor the pump as specified in 
Sec. 63.1004(b) to determine if there is a leak of regulated material 
in the barrier fluid.
    (B) If an instrument reading of 10,000 parts per million or greater 
is measured, a leak is detected and shall be repaired using the 
procedures in Sec. 63.1005; or
    (C) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this 
section the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec. 63.1005.
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
monitoring requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system. Any pump that is routed to a process or a fuel gas 
system or equipped with a closed vent system that captures and 
transports leakage from the pump to a control device meeting the 
requirements of Sec. 63.1015 is exempt from monitoring requirements of 
paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(3), and (e)(1)(v) of this 
section, and the daily requirements of paragraph (e)(1)(vii) of this 
section, provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec. 63.1003(c)(1), as an unsafe-to-monitor pump is exempt 
from the monitoring requirements of paragraph (b) of this section and 
the repair requirements of Sec. 63.1005 and the owner or operator shall 
monitor the pump according to the written plan specified in 
Sec. 63.1003(c)(5).


Sec. 63.1008  Connectors in gas and vapor service and in light liquid 
service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. Connectors shall be monitored within 5 days by 
the method specified in Sec. 63.1004(b) if evidence of a potential leak 
is found by visual, audible, olfactory, or any other detection method. 
No monitoring is required if the evidence of a potential leak is 
eliminated within 5 days. If an instrument reading of 10,000 parts per 
million or greater is measured, a leak is detected. If a leak is 
detected, it shall be identified and repaired pursuant to the 
provisions of Sec. 63.1004(e) and Sec. 63.1005, respectively.
    (c) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1005, as applicable.
    (d) Special provisions for connectors.--(1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in 
Sec. 63.1003(c)(1), as an unsafe-to-monitor connector is exempt from 
the requirements of paragraph (b) of this section and the owner or 
operator shall monitor according to the written plan specified in 
Sec. 63.1003(c)(5).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraph (b) of this section and from the 
recordkeeping and reporting requirements of Sec. 63.1017 and 
Sec. 63.1018. An inaccessible connector is a connector that meets any 
of the provisions specified in paragraphs (d)(2)(i)(A) through 
(d)(2)(i)(F) of this section, as applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe; or
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters 
(25 feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (ii) If any inaccessible ceramic or ceramic-lined connector is 
noted to have a leak by visual, audible, olfactory, or other means, the 
leak to the atmosphere shall be eliminated as soon as practical.


Sec. 63.1009  Agitators in gas and vapor service and in light liquid 
service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance

[[Page 55233]]

dates specified in the referencing subpart.
    (b) Leak detection. (1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in 
Sec. 63.1004(b), except as provided in Sec. 63.1002(b).
    (2) Instrument reading that defines a leak. If an instrument 
reading equivalent of 10,000 parts per million or greater is measured, 
a leak is detected.
    (3) Visual inspection. Each agitator seal shall be checked by 
visual inspection each calendar week for indications of liquids 
dripping from the agitator seal. If there are indications of liquids 
dripping from the agitator seal, the owner or operator shall follow the 
procedures specified in paragraphs (b)(3)(i) and (b)(3)(ii) of this 
section.
    (i) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1004(b) to determine if there is a leak of 
regulated material. If an instrument reading of 10,000 parts per 
million or greater is measured, a leak is detected, and it shall be 
repaired using the procedures in Sec. 63.1005;
    (ii) The owner or operator shall eliminate the indications of 
liquids dripping from the pump seal.
    (c) [Reserved]
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec. 63.1005(a).
    (e) Special provisions for agitators.--(1) Dual mechanical seal. 
Each agitator equipped with a dual mechanical seal system that includes 
a barrier fluid system is exempt from the requirements of paragraph (b) 
of this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that meets the requirements of Sec. 63.1015; 
or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in either paragraph (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section.
    (A) The owner or operator shall monitor the agitator seal shall as 
specified in Sec. 63.1004(b) to determine the presence of regulated 
material in the barrier fluid. If an instrument reading of 10,000 parts 
per million or greater is measured, a leak is detected and it shall be 
repaired using the procedures in Sec. 63.1005; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system 
shall meet the requirements specified in paragraphs (e)(1)(vi)(A) 
through (e)(1)(vi)(D).
    (A) The owner or operator shall determine, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates 
failure of the seal system, the barrier fluid system, or both.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (C) If indications of liquids dripping from the agitator seal 
exceed the criteria established in paragraph (e)(1)(vi)(A) and 
(e)(1)(vi)(B) of this section, or if, based on the criteria established 
in paragraph (e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the 
sensor indicates failure of the seal system, the barrier fluid system, 
or both, a leak is detected.
    (D) When a leak is detected, it shall be repaired using the 
procedures in Sec. 63.1005.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from the requirements of paragraphs (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system. Any agitator that is routed to a process or fuel 
gas system or equipped with a closed vent system that captures and 
transports leakage from the agitator to a control device meeting the 
requirements of Sec. 63.1015 is exempt from the monitoring requirements 
of paragraphs (b) of this section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of this 
section, provided that each agitator is visually inspected as often as 
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1003(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (b) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec. 63.1003(c)(5).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (b) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1003(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in 
Sec. 63.1003(c)(5).


Sec. 63.1010  Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in liquid service; and instrumentation 
systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection--(1) Monitoring method. Pumps, valves, 
connectors, and agitators in heavy liquid service; pressure relief 
devices in light liquid or heavy liquid service; and instrumentation 
systems shall be monitored within 5 calendar days by the method 
specified in Sec. 63.1004(b) if evidence of a potential leak to the 
atmosphere is found by visual, audible, olfactory, or any other 
detection method. If such a potential leak is repaired as required in 
paragraph (c) of this section, it is not necessary to monitor the 
system for leaks by the method specified in Sec. 63.1004(b).
    (2) Instrument reading that defines a leak. For systems monitored 
by the

[[Page 55234]]

method specified in Sec. 63.1004(b), if an instrument reading of 10,000 
parts per million or greater is measured, a leak is detected. If a leak 
is detected, it shall be repaired pursuant to Sec. 63.1005.
    (c) Leak repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in 
Sec. 63.1004(b), repaired shall mean that the visual, audible, 
olfactory, or other indications of a leak to the atmosphere have been 
eliminated; that no bubbles are observed at potential leak sites during 
a leak check using soap solution; or that the system will hold a test 
pressure.


Sec. 63.1011  Pressure relief devices in gas and vapor service 
standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. Except during pressure releases as 
provided for in paragraph (c) of this section, each pressure relief 
device in gas or vapor service shall be operated with an instrument 
reading of less than 500 parts per million as measured by the method 
specified in Sec. 63.1004(c).
    (c) Pressure relief requirements. (1) After each pressure release, 
the pressure relief device shall be returned to a condition indicated 
by an instrument reading of less than 500 parts per million, as soon as 
practical, but no later than 5 calendar days after each pressure 
release, except as provided in paragraph (d) of this section.
    (2) The pressure relief device shall be monitored no later than 
five calendar days after the pressure release and being returned to 
regulated material service to confirm the condition indicated by an 
instrument reading of less than 500 parts per million, as measured by 
the method specified in Sec. 63.1004(c).
    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including maximum instrument reading measured during 
the monitoring and the background level measured if the instrument 
reading is adjusted for background.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. Any pressure 
relief device that is routed to a process or fuel gas system or 
equipped with a closed vent system that captures and transports leakage 
from the pressure relief device to a control device meeting the 
requirements of either Sec. 63.1015 or Sec. 63.1002(b), is exempt from 
the requirements of paragraphs (b) and (c) of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a replacement rupture disk 
upstream of the pressure relief device as soon as practical after each 
pressure release, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1005(d).


Sec. 63.1012  Compressor standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere, except as provided in 
Sec. 63.1002(b) and paragraphs (e) and (f) of this section. Each 
compressor seal system shall meet the requirements specified in 
paragraphs (b)(1), (b)(2), or (b)(3) of this section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that 
is routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that meets the requirements of Sec. 63.1015; 
or
    (3) Equipped with a closed-loop system that purges the barrier 
fluid directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator 
shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, 
a leak is detected and shall be repaired pursuant to Sec. 63.1005, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a 
closed vent system and control device. A compressor is exempt from the 
requirements of paragraphs (b) through (d) of this section if it is 
equipped with a system to capture and transport leakage from the 
compressor drive shaft seal to a process or a fuel gas system or to a 
closed vent system that captures and transports leakage from the 
compressor to a control device meeting the requirements of 
Sec. 63.1015.
    (f) Alternative compressor standard. (1) Any compressor that is 
designated as described in Sec. 63.1003(e) as operating with no 
detectable emissions shall operate at all times with an instrument 
reading of less than 500 parts per million. A compressor so designated 
is exempt from the requirements of paragraphs (b) through (d) of this 
section if the compressor is demonstrated initially upon designation, 
annually, and at other times requested by the Administrator to be 
operating with an instrument reading of less than 500 parts per million 
as measured by the method specified in Sec. 63.1004(c). A compressor 
may not be designated or operated having an instrument reading of less 
than 500 parts per million as described in Sec. 63.1003(e) if the 
compressor has a maximum instrument reading greater than 500 parts per 
million.
    (2) The owner or operator shall record the dates and results of 
each compliance test including the background level measured and the 
maximum instrument reading measured during each compliance test.
    (g) Reciprocating compressor exemption. Any existing reciprocating 
compressor in a process unit or affected facility that becomes an 
affected facility under provisions of 40 CFR 60.14 or 60.15 of subpart 
VV is exempt from paragraphs (b), (c), and (d) of this section provided 
the owner or operator demonstrates that recasting the distance piece or 
replacing the compressor are the only options available to bring the 
compressor into compliance with the provisions of the above exempted 
paragraphs of this section.


Sec. 63.1013  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.

[[Page 55235]]

    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed purge, closed loop, or closed vent system, 
except as provided in paragraph (d) of this section. Gases displaced 
during filling of the sample container are not required to be collected 
or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system except as provided in paragraph (d) of this 
section shall meet the applicable requirements specified in paragraphs 
(c)(1) through (c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a 
process line or fuel gas system; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a control device that meets the requirements of 
Sec. 63.1015; or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR 
part 63, subpart G, if the waste management unit is complying with the 
provisions of 40 CFR part 63, subpart G, applicable to group 1 
wastewater streams. If the purged process fluid does not contain any 
organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste 
management unit need not be subject to, and operated in compliance with 
the requirements of 40 CFR part 63, subpart G, applicable to subject 
wastewater steams provided the facility has an National Pollution 
Discharge Elimination System (NPDES) permit or sends the wastewater to 
an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR parts 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (5) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.


Sec. 63.1014  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Sec. 63.1002(b) and paragraphs (c) 
and (d) of this section. The cap, blind flange, plug, or second valve 
shall seal the open end at all times except during operations requiring 
process fluid flow through the open-ended valve or line, or during 
maintenance. The operational provisions of paragraphs (b)(2) and (b)(3) 
of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve 
shall be operated in a manner such that the valve on the process fluid 
end is closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting 
the line between the block valves but shall comply with paragraph 
(b)(1) of this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in 
the event of a process upset are exempt from the requirements of 
paragraph (b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or, would 
present an explosion, serious over pressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.


Sec. 63.1015  Closed vent systems and control devices; or emissions 
routed to a fuel gas system or process.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and nonflare control devices used to comply with provisions of 
this subpart shall design and operate the closed vent system and 
nonflare control devices to reduce emissions of regulated material with 
an efficiency of 95 percent or greater or to reduce emissions of 
regulated material to a concentration of 20 parts per million by volume 
or, for an enclosed combustion device, to provide a minimum of 760 
deg.C (1400  deg.F). Owners and operators of closed vent systems and 
nonflare control devices used to comply with this subpart shall comply 
with the provisions of subpart SS of this part, except as provided in 
Sec. 63.1002(b).
    (2) Owners or operators of closed vent systems and flares used to 
comply with the provisions of this subpart shall design and operate the 
flare as specified in subpart SS of this part, except as provided in 
Sec. 63.1002(b).
    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of subpart 
SS of this part, except as provided in Sec. 63.1002(b).


Sec. 63.1016  Alternative means of emission limitation: Enclosed-vented 
process units.

    (a) Use of closed vent system and control device. Process units or 
affected facilities enclosed in such a manner that all emissions from 
equipment leaks are vented through a closed vent system to a control 
device meeting the requirements of either subpart SS of this part or 
Sec. 63.1002(b) are exempt from the requirements of Secs. 63.1006 
through 63.1015. The enclosure shall be maintained under a negative 
pressure at all times while the process unit or affected facility is in 
operation to ensure that all emissions are routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities 
and the regulated-materials they handle.
    (2) A schematic of the process unit or affected facility, 
enclosure, and closed vent system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.


Sec. 63.1017  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(e.g., quarterly monitoring) for each type of equipment. The records 
required by this subpart are summarized in paragraphs (b) and (c) of 
this section.
    (b) General equipment leak records. (1) As specified in 
Sec. 63.1003(a) through (c), the owner or operator shall keep

[[Page 55236]]

general and specific equipment identification if the equipment is not 
physically tagged and the owner or operator is electing to identify the 
equipment subject to this subpart through written documentation such as 
a log or other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 63.1003(c)(5) for any equipment that is designated as unsafe or 
difficult-to-monitor.
    (3) The owner or operator shall maintain the identity and an 
explanation as specified in Sec. 63.1003(d)(1) for any equipment that 
is designated as unsafe-to-repair.
    (4) As specified in Sec. 63.1003(e), the owner or operator shall 
maintain the identity of compressors operating with an instrument 
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 63.1004(e).
    (6) The owner or operator shall keep records for leak repair as 
specified in Sec. 63.1005(e) and records for delay of repair as 
specified in Sec. 63.1005(c).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the records specified in paragraphs (c)(1)(i) 
and (c)(1)(ii) of this section.
    (i) The monitoring schedule for each process unit as specified in 
Sec. 63.1006(b).
    (ii) If net credits for removed valves are used, a record of valves 
added to or removed from the process unit as specified in 
Sec. 63.1006(b)(6)(iv).
    (2) For pumps, the owner or operator shall maintain the records 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in 
Sec. 63.1007(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 63.1007(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips 
for dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec. 63.1007(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain monitoring 
schedule for each process unit as specified in Sec. 63.1008(b).
    (4) For the criteria as to the presence and frequency of drips for 
agitators, the owner or operator shall keep records of the design 
criteria and explanations and any changes and the reason for the 
changes, as specified in Sec. 63.1009(e)(1)(vi)(A).
    (5) For pressure relief devices in gas and vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec. 63.1011(c)(3).
    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the 
barrier fluid system, record the design criteria and explanations and 
any changes and the reason for the changes, as specified in 
Sec. 63.1012(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 63.1012(f)(2).
    (7) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 63.1016(b).


Sec. 63.1018  Reporting requirements.

    (a) Periodic reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (b)(9) of this 
section, as applicable, in the periodic report specified in the 
referencing subpart.
    (1) The initial Periodic Report shall include the information 
specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section in 
addition to the information listed in paragraph (a)(2) of this section.
    (i) Process unit or affected facility identification.
    (ii) Number of valves subject to the requirements of Sec. 63.1006, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec. 63.1006(e)(4).
    (iii) Number of pumps subject to the requirements of Sec. 63.1007, 
excluding those pumps designated for no detectable emissions (e.g., no 
external shaft) under the provisions of Sec. 63.1007(e)(2) and those 
pumps complying with the closed vent system provisions of 
Sec. 63.1007(e)(3).
    (iv) Number of compressors subject to the requirements of 
Sec. 63.1012, excluding those compressors designated for no detectable 
emissions under the provisions of Sec. 63.1012(f) and those compressors 
complying with the closed vent system provisions of Sec. 63.1012(e).
    (2) Each periodic report shall contain the information listed in 
paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable.
    (i) Process unit identification.
    (ii) For each month during the semiannual reporting period,
    (A) Number of valves for which leaks were detected as described in 
Sec. 63.1006(b),
    (B) Number of valves for which leaks were not repaired as required 
in Sec. 63.1006(d),
    (C) Number of pumps for which leaks were detected as described in 
Sec. 63.1007(b) and Sec. 63.1007(e)(1)(vi),
    (D) Number of pumps for which leaks were not repaired as required 
in Secs. 63.1007(d) and (e)(5),
    (E) Number of compressors for which leaks were detected as 
described in Sec. 63.1012(d)(1),
    (F) Number of compressors for which leaks were not repaired as 
required in Sec. 63.1012(d)(1), and
    (G) The facts that explain each delay of repair and, where 
appropriate, why the repair was technically infeasible without a 
process unit or affected facility shutdown.
    (iii) Dates of process unit or affected facility shutdowns which 
occurred within the periodic report reporting period.
    (iv) Revisions to items reported according to paragraph (a)(1) of 
this section if changes have occurred since the initial report or 
subsequent revisions to the initial report.
    (b) Special notifications. An owner or operator electing to comply 
with either of the alternatives in Sec. 63.1006(b)(5) or (6) shall 
notify the Administrator of the alternative standard selected before 
implementing either of the provisions.
    4. Part 63 is amended by adding subpart UU as follows:

Subpart UU--National Emission Standards for Equipment Leaks--Control 
Level 2 Standards

Sec.

63.1019  Applicability.
63.1020  Definitions.
63.1021  Alternative means of emission limitation.
63.1022  Equipment identification.
63.1023  Instrument and sensory monitoring for leaks.
63.1024  Leak repair.
63.1025  Valves in gas and vapor service and in light liquid service 
standards.
63.1026  Pumps in light liquid service standards.
63.1027  Connectors in gas and vapor service and in light liquid 
service standards.
63.1028  Agitators in gas and vapor service and in light liquid 
service standards.
63.1029  Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in liquid service; and 
instrumentation systems standards.
63.1030  Pressure relief devices in gas and vapor service standards.
63.1031  Compressors standards.
63.1032  Sampling connection systems standards.

[[Page 55237]]

63.1033  Open-ended valves or lines standards.
63.1034  Closed vent systems and control devices; or emissions 
routed to a fuel gas system or process standards.
63.1035  Quality improvement program for pumps.
63.1036  Alternative means of emission limitation: Batch processes.
63.1037  Alternative means of emission limitation: Enclosed vented 
process units or affected facilities.
63.1038  Recordkeeping requirements.
63.1039  Reporting requirements.


Sec. 63.1019  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from equipment leaks for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for equipment leaks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to a referencing subpart. The provisions of 40 CFR part 63, 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.
    (b) Equipment subject to this subpart. The provisions of this 
subpart and the referencing subpart apply to equipment that contains or 
contacts regulated material. This subpart applies to pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, surge control 
vessels, bottoms receivers, instrumentation systems, and closed vent 
systems and control devices used to meet the requirements of this 
subpart.
    (c) Equipment in vacuum service. Equipment in vacuum service is 
excluded from the requirements of this subpart.
    (d) Equipment in service less than 300 hours per calendar year. 
Equipment intended to be in regulated material service less than 300 
hours per calendar year is excluded from the requirements of 
Secs. 63.1025 through 63.1034 and Sec. 63.1036 if it is identified as 
required in Sec. 63.1022(b)(5).
    (e) Lines and equipment not containing process fluids. Lines and 
equipment not containing process fluids are not subject to the 
provisions of this subpart. Utilities, and other non-process lines, 
such as heating and cooling systems that do not combine their materials 
with those in the processes they serve, are not considered to be part 
of a process unit or affected facility.


Sec. 63.1020  Definitions.

    All terms used in this part shall have the meaning given them in 
the Act and in this section.
    Batch process means a process in which the equipment is fed 
intermittently or discontinuously. Processing then occurs in this 
equipment after which the equipment is generally emptied. Examples of 
industries that use batch processes include pharmaceutical production 
and pesticide production.
    Batch product-process equipment train means the collection of 
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured 
to produce a specific product or intermediate by a batch process.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    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.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec. 63.1027(e)(2).
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the 
two block valves.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, surge control vessel, bottoms receiver, and instrumentation 
system in regulated material service; and any control devices or 
systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Sec. 63.1023(b) to verify whether the leak is repaired, unless the 
owner or operator determines by other means that the leak is not 
repaired.
    In food and medical service means that a piece of equipment in 
regulated material service contacts a process stream used to 
manufacture a Food and Drug Administration regulated product where 
leakage of a barrier fluid into the process stream would cause any of 
the following:
    (1) A dilution of product quality so that the product would not 
meet written specifications,
    (2) An exothermic reaction which is a safety hazard,
    (3) The intended reaction to be slowed down or stopped, or
    (4) An undesired side reaction to occur.
    In gas and vapor service means that a piece of equipment in 
regulated material service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in 
regulated material service is not in gas and vapor service or in light 
liquid service.
    In light liquid service means that a piece of equipment in 
regulated material service contains a liquid that meets the following 
conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 deg.C,
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 
20 deg.C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.

(Note: Vapor pressures may be determined by standard reference texts 
or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated 
material service is not in gas and vapor service.
    In regulated material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service,'' 
``in VHAP service,'' ``in organic hazardous air pollutant service,'' or 
``in'' other chemicals or groups of chemicals ``service'' as defined in 
the referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Instrumentation system means a group of equipment components used 
to

[[Page 55238]]

condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are 
the predominant type of equipment used in instrumentation systems; 
however, other types of equipment may also be included in these 
systems. Only valves nominally 1.27 centimeters (0.5 inches) and 
smaller, and connectors nominally 1.91 centimeters (0.75 inches) and 
smaller in diameter are considered instrumentation systems for the 
purposes of this subpart. Valves greater than nominally 1.27 
centimeters (0.5 inches) and connectors greater than nominally 1.91 
centimeters (0.75 inches) associated with instrumentation systems are 
not considered part of instrumentation systems and must be monitored 
individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications 
of liquids dripping include puddling or new stains that are indicative 
of an existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a 
process unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves, 
having one side of the valve seat in contact with process fluid and one 
side open to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to 
indicate the concentration level of organic compounds based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable 
working pressure of the process equipment. A common pressure relief 
device is a spring-loaded pressure relief valve. Devices that are 
actuated either by a pressure of less than or equal to 2.5 pounds per 
square inch gauge or by a vacuum are not pressure relief devices.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period due to a malfunction in the process.
    Referencing subpart means the subpart that refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this part, refers to gas from 
volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this part, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired, for the purposes of this subpart, means that equipment 
(1) is adjusted, or otherwise altered, to eliminate a leak as defined 
in the applicable sections of this subpart, and (2) unless otherwise 
specified in applicable provisions of this subpart, is monitored as 
specified in Sec. 63.1023(b) to verify that emissions from the 
equipment are below the applicable leak definition.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) connector means a threaded pipe fitting where 
the threads are cut on the pipe wall and the fitting requires only two 
pieces to make the connection (i.e., the pipe and the fitting).
    Set pressure means for the purposes of subparts F and G of this 
part, the pressure at which a properly operating pressure relief device 
begins to open to relieve atypical process system operating pressure.


Sec. 63.1021  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b) 
of this section do not apply to the performance standards of 
Sec. 63.1030(b) for pressure relief devices or Sec. 63.1031(f) for 
compressors operating under the alternative compressor standard.
    (b) Requests by owners or operators. An owner or operator may 
request a determination of alternative means of emission limitation to 
the requirements of Secs. 63.1025 through 63.1034 as provided in 
paragraph (d) of this section. If the Administrator makes a 
determination that a means of emission limitation is a permissible 
alternative, the owner or operator shall either comply with the 
alternative or comply with the requirements of Secs. 63.1025 through 
63.1034.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of 
equipment used to control equipment leaks of the regulated material may 
apply to the Administrator for permission for an alternative means of 
emission limitation that achieves a reduction in emissions of the 
regulated material achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraphs (d) of this section.
    (d) Permission to use an alternative means of emission limitation. 
Permission to use an alternative means of emission limitation shall be 
governed by the procedures in paragraphs (d)(1) through (d)(4) of this 
section.
    (1) Where the standard is an equipment, design, or operational 
requirements, the requirements of paragraphs (d)(1)(i) through 
(d)(1)(iii) of this section apply.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (iii) The Administrator may condition the permission on 
requirements that may be necessary to ensure operation and maintenance 
to achieve at least the same emission reduction as the equipment, 
design, and operational requirements of this subpart.
    (2) Where the standard is a work practice, the requirements of 
paragraphs (d)(2)(i) through (d)(2)(vi) of this section apply.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying test data for the alternative.
    (ii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the required work practices shall be 
demonstrated for a minimum period of 12 months.
    (iii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the

[[Page 55239]]

alternative means of emission limitation shall be demonstrated.
    (iv) Each owner or operator applying for such permission shall 
commit, in writing, for each kind of equipment to work practices that 
provide for emission reductions equal to or greater than the emission 
reductions achieved by the required work practices.
    (v) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices and 
will consider the commitment in paragraph (d)(2)(iv) of this section.
    (vi) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve 
the same or greater emission reduction as the required work practices 
of this subpart.
    (3) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (4) If, in the judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register using the 
procedures specified in the referencing subpart.


Sec. 63.1022  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Secs. 63.1023 through 63.1034 shall 
be specifically identified as required in paragraphs (b)(1) through 
(b)(5) of this section, as applicable. This paragraph does not apply to 
an owner or operator of a batch product process who elects to pressure 
test the batch product process equipment train pursuant to 
Sec. 63.1036.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provision of Sec. 63.1027(e)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated. With respect to connectors, the 
identification shall be complete no later than the completion of the 
initial survey required by Sec. 63.1027(a)(1) or paragraph (a) of this 
section.
    (2) Routed to a process or fuel gas system or equipped with a 
closed vent system and control device. Identify the equipment that the 
owner or operator elects to route to a process or fuel gas system or 
equip with a closed vent system and control device, under the 
provisions of Sec. 63.1026(e)(3) (pumps in light liquid service), 
Sec. 63.1028(f)(3) (agitators), Sec. 63.1030(d) (pressure relief 
devices in gas and vapor service), Sec. 63.1031(e) (compressors), or 
Sec. 63.1037(a) (alternative means of emission limitation for enclosed-
vented process units).
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.1030(e).
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of this subpart. Individual components in an 
instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per 
calendar year within a process unit or affected facilities subject to 
the provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor.
    (1) Designation and criteria for unsafe-to-monitor. Valves meeting 
the provisions of Sec. 63.1025(e)(1), pumps meeting the provisions of 
Sec. 63.1026(e)(6), connectors meeting the provisions of 
Sec. 63.1027(e)(1), and agitators meeting the provisions of 
Sec. 63.1028(f)(7) may be designated unsafe-to-monitor if the owner or 
operator determines that monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with the monitoring 
requirements of this subpart. Examples of an unsafe-to-monitor 
equipment include, but is not limited to, equipment under extreme 
pressure or heat.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 63.1025(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) apply. 
Agitators meeting the provisions of Sec. 63.1028(e)(5) may be 
designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that 
the valve cannot be monitored without elevating the monitoring 
personnel more than 2 meters (7 feet) above a support surface or it is 
not accessible in a safe manner when it is in regulated material 
service; and
    (B) The process unit or affected facility within which the valve is 
located is an existing source, or a new source for which the owner or 
operator designates less than 3 percent of the total number of valves 
as difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more 
than 2 meters (7 feet) above a support surface or it is not accessible 
in a safe manner when it is in regulated material service.
    (3) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor or difficult-to-monitor according to the provisions 
of paragraphs (c)(1) or (c)(2) of this section, the planned schedule 
for monitoring this equipment; and an explanation why the equipment is 
unsafe or difficult-to-monitor, if applicable. This record must be kept 
at the plant and be available for review by an inspector.
    (4) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor according to the provisions 
of paragraph (c)(1) of this section shall have a written plan that 
requires monitoring of the equipment as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in Sec. 63.1024 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year.
    (d) Special equipment designations: Equipment that is unsafe-to-
repair.
    (1) Designation and criteria. Connectors subject to the provisions 
of Sec. 63.1024(e) may be designated unsafe-to-repair if the owner or 
operator determines that repair personnel would be exposed to an 
immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit or

[[Page 55240]]

affected facility shutdown as specified in Sec. 63.1024(e)(2).
    (2) Identification of equipment. The identity of connectors 
designated as unsafe-to-repair and an explanation why the connector is 
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Compressors operating with an 
instrument reading of less than 500 parts per million above background. 
Identify the compressors that the owner or operator elects to designate 
as operating with an instrument reading of less than 500 parts per 
million above background, under the provisions of Sec. 63.1031(f).
    (f) Special equipment designations: Equipment in heavy liquid 
service. The owner or operator of equipment in heavy liquid service 
shall comply with the requirements of either paragraph (f)(1) or (f)(2) 
of this section, as provided in paragraph (f)(3) of this section.
    (1) Retain information, data, and analyses used to determine that a 
piece of equipment is in heavy liquid service.
    (2) When requested by the Administrator, demonstrate that the piece 
of equipment or process is in heavy liquid service.
    (3) A determination or demonstration that a piece of equipment or 
process is in heavy liquid service shall include an analysis or 
demonstration that the process fluids do not meet the definition of 
``in light liquid service.'' Examples of information that could 
document this include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.


Sec. 63.1023  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor 
service and in light liquid service shall be monitored pursuant to 
Sec. 63.1025(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 63.1026(b).
    (iii) Connectors in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec. 63.1027(b).
    (iv) Agitators in gas and vapor service and in light liquid service 
shall be monitored pursuant to Sec. 63.1028(c).
    (v) Pressure relief devices in gas and vapor service shall be 
monitored pursuant to Sec. 63.1030(c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million above background, as described in 
Sec. 63.1022(e), shall be monitored pursuant to Sec. 63.1031(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Secs. 63.1026(b)(4) and (e)(1).
    (ii) Inaccessible, ceramic, or ceramic-lined connectors in gas and 
vapor service and in light liquid service shall be observed pursuant to 
Sec. 63.1027(e)(2).
    (iii) Agitators in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec. 63.1028(b)(3) or (e)(1)(i).
    (iv) Pumps, valves, agitators, and connectors in heavy liquid 
service; instrumentation systems; and pressure relief devices in liquid 
service shall be observed pursuant to Sec. 63.1029(b)(1).
    (b) Instrument monitoring methods. Instrument monitoring, as 
required under this subpart, shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40 
CFR part 60, appendix A, except as otherwise provided in this section.
    (2) Detection instrument performance criteria. (i) Except as 
provided for in paragraph (b)(2)(ii) of this section, the detection 
instrument shall meet the performance criteria of Method 21 of 40 CFR 
part 60, appendix A, except the instrument response factor criteria in 
section 3.1.2, paragraph (a) of Method 21 shall be for the 
representative composition of the process fluid not each individual VOC 
in the stream. For process streams that contain nitrogen, air, or other 
inerts that are not HAP or VOC, the representative stream response 
factor shall be determined on an inert-free basis. The response factor 
may be determined at any concentration for which monitoring for leaks 
will be conducted.
    (ii) If there is no instrument commercially available that will 
meet the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid, calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument shall be calibrated before use on each day of its use by the 
procedures specified in Method 21 of 40 CFR part 60, appendix A.
    (4) Detection instrument calibration gas. Calibration gases shall 
be zero air (less than 10 parts per million of hydrocarbon in air); and 
the gases specified in paragraph (b)(4)(i) of this section except as 
provided in paragraph (b)(4)(ii) of this section.
    (i) Mixtures of methane in air at a concentration no more than 
2,000 parts per million greater than the leak definition concentration 
of the equipment monitored. If the monitoring instrument's design 
allows for multiple calibration scales, then the lower scale shall be 
calibrated with a calibration gas that is no higher than 2,000 parts 
per million above the concentration specified as a leak, and the 
highest scale shall be calibrated with a calibration gas that is 
approximately equal to 10,000 parts per million. If only one scale on 
an instrument will be used during monitoring, the owner or operator 
need not calibrate the scales that will not be used during that day's 
monitoring.
    (ii) A calibration gas or other than methane in air may be used if 
the instrument does not respond to methane or if the instrument does 
not meet the performance criteria specified in paragraph (b)(2)(i) of 
this section. In such cases, the calibration gas may be a mixture of 
one or more of the compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the 
regulated source becoming subject to the referencing subpart that do 
not meet the criteria specified in paragraphs (b)(1) through (b)(5) of 
this section may still be used to qualify initially for less frequent 
monitoring under the provisions in Sec. 63.1025(a)(2), (b)(3) or (b)(4) 
for valves or Sec. 63.1027(b)(3) for connectors provided the departures 
from the criteria or from the specified monitoring frequency of 
Sec. 63.1025(b)(3) or (b)(4) are minor and do not significantly affect 
the quality of the data. Examples of minor departures are monitoring at 
a slightly different frequency (such as every 6 weeks instead of 
monthly or quarterly), following the performance criteria of section 
3.1.2, paragraph (a) of Method 21 of Appendix A of 40 CFR part 60 
instead of paragraph (b)(2) of this section, or monitoring using a 
different leak definition if the data would indicate the presence or 
absence of a leak at the concentration specified in this subpart. 
Failure to use a calibrated instrument is not considered a minor 
departure.
    (c) Instrument monitoring using background adjustments. The owner 
or operator may elect to adjust or not to adjust the instrument 
readings for

[[Page 55241]]

background. If an owner or operator elects not to adjust instrument 
readings for background, the owner or operator shall monitor the 
equipment according to the procedures specified in paragraphs (b)(1) 
through (b)(5) of this section. In such cases, all instrument readings 
shall be compared directly to the applicable leak definition for the 
monitored equipment to determine whether there is a leak or to 
determine compliance with Sec. 63.1030(b) (pressure relief devices) or 
Sec. 63.1031(f) (alternative compressor standard). If an owner or 
operator elects to adjust instrument readings for background, the owner 
or operator shall monitor the equipment according to the procedures 
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(5) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definition for the monitored equipment to 
determine whether there is a leak or to determine compliance with 
Sec. 63.1030(b) (pressure relief devices) or Sec. 63.1031(f) 
(alternative compressor standard).
    (d) Sensory monitoring methods. Sensory monitoring consists of 
visual, audible, olfactory, or any other detection method used to 
determine a potential leak to the atmosphere.
    (e) Leaking equipment identification and records. (1) When each 
leak is detected pursuant to the monitoring specified in paragraph (a) 
of this section, a weatherproof and readily visible identification, 
shall be attached to the leaking equipment.
    (2) When each leak is detected, the information specified in 
paragraphs (e)(2)(i) and (e)(2)(ii) shall be recorded and kept pursuant 
to the referencing subpart, except for the information for connectors 
complying with the 8 year monitoring period allowed under 
Sec. 63.1027(b)(3)(iii) shall be kept 5 years beyond the date of its 
last use.
    (i) The instrument and the equipment identification and the 
instrument operator's name, initials, or identification number if a 
leak is detected or confirmed by instrument monitoring.
    (ii) The date the leak was detected.


Sec. 63.1024  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical, but not later than 15 calendar days 
after it is detected, except as provided in paragraph (d) of this 
section. A first attempt at repair as defined in the referencing 
subpart shall be made no later than 5 calendar days after the leak is 
detected. First attempt at repair for pumps includes, but is not 
limited to, tightening the packing gland nuts and/or ensuring that the 
seal flush is operating at design pressure and temperature. First 
attempt at repair for valves includes, but is not limited to, 
tightening the bonnet bolts, and/or replacing the bonnet bolts, and/or 
tightening the packing gland nuts, and/or injecting lubricant into the 
lubricated packing.
    (b) [Reserved]
    (c) Leak identification removal.--(1) Valves and connectors. The 
leak identification on a valve may be removed after it has been 
monitored as specified in Sec. 63.1025(d)(2), and no leak has been 
detected during that monitoring. The leak identification on a connector 
may be removed after it has been monitored as specified in 
Sec. 63.1027(b)(3)(iv) and no leak has been detected during that 
monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec. 63.1023(e)(1), on equipment determined to have a leak, 
except for a valve or for a connector that is subject to the provisions 
of Sec. 63.1027(b)(3), may be removed after it is repaired.
    (d) Delay of repair. Delay of repair is allowed for any of the 
conditions specified in paragraphs (d)(1) through (d)(5) of this 
section. The owner or operator shall maintain a record of the facts 
that explain any delay of repairs and, where appropriate, why the 
repair was technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days after a leak is detected is 
technically infeasible without a process unit or affected facility 
shutdown. Repair of this equipment shall occur as soon as practical, 
but no later than the end of the next process unit or affected facility 
shutdown, except as provided in paragraph (d)(5) of this section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that 
does not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of 
this section are met.
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
subpart SS of this part.
    (4) Delay of repair for pumps is also allowed if the provisions of 
paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions 
of Sec. 63.1035(d) will provide better performance or one of the 
specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this 
section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 63.1026(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 63.1026(e)(1) will 
be installed; or
    (C) A system that routes emissions to a process or a fuel gas 
system or a closed vent system and control device that meets the 
requirements of Sec. 63.1026(e)(3) will be installed; and
    (ii) Repair is completed as soon as practical, but not later than 6 
months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the process unit or affected facility shutdown, and 
valve assembly supplies have been depleted, and valve assembly supplies 
had been sufficiently stocked before the supplies were depleted. Delay 
of repair beyond the second process unit or affected facility shutdown 
will not be allowed unless the third process unit or affected facility 
shutdown occurs sooner than 6 months after the first process unit or 
affected facility shutdown.
    (e) Unsafe-to-repair connectors. Any connector that is designated, 
as described in Sec. 63.1022(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 63.1027(d), and paragraph (a) of 
this section if the provisions of (e)(1) and (e)(2) of this section are 
met.
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraph (a) of this section; and

[[Page 55242]]

    (2) The connector will be repaired before the end of the next 
scheduled process unit or affected facility shutdown.
    (f) Leak repair records. For each leak detected, the information 
specified in paragraphs (f)(1) through (f)(5) of this section shall be 
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak as 
specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this section.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup, shutdown, and 
malfunction plan, as required by the referencing subpart for the 
source, or may be part of a separate document that is maintained at the 
plant site. In such cases, reasons for delay of repair may be 
documented by citing the relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (5) Dates of process unit or affected facility shutdowns that occur 
while the equipment is unrepaired.


Sec. 63.1025  Valves in gas and vapor service and in light liquid 
service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply 
with this section no later than the compliance dates specified in the 
referencing subpart.
    (2) The use of monitoring data generated before the regulated 
source became subject to the referencing subpart to qualify initially 
for less frequent monitoring is governed by the provisions of 
Sec. 63.1023(b)(6).
    (b) Leak detection. Unless otherwise specified in Secs. 63.1021(b) 
63.1036, 63.1037, or paragraph (e) of this section, or the referencing 
subpart, the owner or operator shall monitor all valves at the 
intervals specified in paragraphs (b)(3) and/or (b)(4) of this section 
and shall comply with all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect 
leaks by the method specified in Sec. 63.1023(b), (c), and (e).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 500 parts per million or greater.
    (3) Monitoring frequency. The owner or operator shall monitor 
valves for leaks at the intervals specified in paragraphs (b)(3)(i) 
through (b)(3)(v) of this section and shall keep the record specified 
in paragraph (b)(3)(vi) of this section.
    (i) If at least the greater of 2 valves or 2 percent of the valves 
in a process unit leak, as calculated according to paragraph (c) of 
this section, the owner or operator shall monitor each valve once per 
month.
    (ii) At process units with less than the greater of 2 leaking 
valves or 2 percent leaking valves, the owner or operator shall monitor 
each valve once each quarter, except as provided in paragraphs 
(b)(3)(iii) through (b)(3)(v) of this section. Monitoring data 
generated before the regulated source became subject to the referencing 
subpart and meeting the criteria of either Sec. 63.1023(b)(1) through 
(b)(5), or Sec. 63.1023(b)(6), may be used to qualify initially for 
less frequent monitoring under paragraphs (b)(3)(iii) through (b)(3)(v) 
of this section.
    (iii) At process units with less than 1 percent leaking valves, the 
owner or operator may elect to monitor each valve once every two 
quarters
    (iv) At process units with less than 0.5 percent leaking valves, 
the owner or operator may elect to monitor each valve once every four 
quarters.
    (v) At process units with less than 0.25 percent leaking valves, 
the owner or operator may elect to monitor each valve once every 2 
years.
    (vi) The owner or operator shall keep a record of the monitoring 
schedule for each process unit.
    (4) Valve subgrouping. For a process unit or a group of process 
units to which this subpart applies, an owner or operator may choose to 
subdivide the valves in the applicable process unit or group of process 
units and apply the provisions of paragraph (b)(3) of this section to 
each subgroup. If the owner or operator elects to subdivide the valves 
in the applicable process unit or group of process units, then the 
provisions of paragraphs (b)(4)(i) through (b)(4)(viii) of this section 
apply.
    (i) The overall performance of total valves in the applicable 
process unit or group of process units to be subdivided shall be less 
than 2 percent leaking valves, as detected according to paragraphs 
(b)(1) and (b)(2) of this section and as calculated according to 
paragraphs (c)(1)(ii) and (c)(2) of this section.
    (ii) The initial assignment or subsequent reassignment of valves to 
subgroups shall be governed by the provisions of paragraphs 
(b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than one year of monitoring data or 
valves not monitored within the last twelve months must be placed 
initially into the most frequently monitored subgroup until at least 
one year of monitoring data have been obtained.
    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the 
most recent monitoring period for the less frequently monitored 
subgroup. The monitoring results must be included with that less 
frequently monitored subgroup's associated percent leaking valves 
calculation for that monitoring event.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the 
period of the less frequently monitored subgroup (e.g., for the last 12 
months, if the valve or group of valves is to be reassigned to a 
subgroup being monitored annually). Nonrepairable valves may not be 
reassigned to a less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the applicable process unit or 
group of process units is less than 2 percent leaking valves and so 
indicate the performance in the next Periodic Report. If the overall 
performance of total valves in the applicable process unit or group of 
process units is 2 percent leaking valves or greater, the owner or 
operator shall no longer subgroup and shall revert to the program 
required in paragraphs (b)(1) through (b)(3) of this section for that 
applicable process unit or group of process units. An owner or operator 
can again elect to comply with the valve subgrouping procedures of 
paragraph (b)(4) of this section if future overall performance of total 
valves in the process unit or groups of process units is again less 
than 2 percent. The overall performance of total valves in the 
applicable process unit or group of process units shall be calculated 
as a weighted average of the percent leaking

[[Page 55243]]

valves of each subgroup according to Equation number 1:
[GRAPHIC] [TIFF OMITTED] TP14OC98.016

Where:

%VLO=Overall performance of total valves in the applicable 
process unit or group of process units
%VLi=Percent leaking valves in subgroup i, most recent value 
calculated according to the procedures in paragraphs (c)(1)(ii) and 
(c)(2) of this section.
Vi=Number of valves in subgroup i.
n=Number of subgroups.

    (iv) The owner or operator shall maintain records specified in 
paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section.
    (A) Which valves are assigned to each subgroup,
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period,
    (C) Which valves are reassigned, the last monitoring result prior 
to reassignment, and when they were reassigned, and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of 
the decision to subgroup valves. The notification shall identify the 
participating process units and the number of valves assigned to each 
subgroup, if applicable, and may be included in the next Periodic 
Report.
    (vi) The owner or operator shall submit in the periodic reports the 
information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B).
    (A) Total number of valves in each subgroup, and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (c)(2) of this section shall be 
used.
    (viii) Except for the overall performance calculations required by 
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a process unit for the purposes of applying the 
provisions of this section.
    (c) Percent leaking valves calculation.--(1) Calculation basis and 
procedures. (i) The owner or operator shall decide no later than the 
compliance date of this part or upon revision of an operating permit 
whether to calculate percent leaking valves on a process unit or group 
of process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis and 
this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each 
process unit or valve subgroup, as provided in paragraph (b)(4) of this 
section, shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.017

Where:

%VL=Percent leaking valves.
VL=Number of valves found leaking, excluding nonrepairable 
valves, as provided in paragraph (c)(3) of this section.
VT=The sum of the total number of valves monitored.

    (2) Calculation for monitoring frequency. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
monthly, quarterly, or semiannual monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last two monitoring periods. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
annual or biennial (once every 2 years) monitoring frequencies, the 
percent leaking valves shall be the arithmetic average of the percent 
leaking valves from the last three monitoring periods.
    (3) Nonrepairable valves. (i) Nonrepairable valves shall be 
included in the calculation of percent leaking valves the first time 
the valve is identified as leaking and nonrepairable and as required to 
comply with paragraph (c)(3)(ii) of this section. Otherwise, a number 
of nonrepairable valves (identified and included in the percent leaking 
valves calculation in a previous period) up to a maximum of 1 percent 
of the total number of valves in regulated material service at a 
process unit or affected facility may be excluded from calculation of 
percent leaking valves for subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in regulated material service at a process unit 
or affected facility, the number of nonrepairable valves exceeding 1 
percent of the total number of valves in regulated material service 
shall be included in the calculation of percent leaking valves.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 63.1024, as applicable.
    (2) When a leak has been repaired, the valve shall be monitored at 
least once within the first 3 months after its repair. The monitoring 
required by this paragraph is in addition to the monitoring required to 
satisfy the definition of repair.
    (i) The monitoring shall be conducted as specified in 
Sec. 63.1023(b) and (c) of this section, as appropriate, to determine 
whether the valve has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the 
timing of the monitoring period coincides with the time specified in 
this paragraph. Alternatively, other monitoring may be performed to 
satisfy the requirements of this paragraph, regardless of whether the 
timing of the monitoring period for periodic monitoring coincides with 
the time specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted 
pursuant to this paragraph, the owner or operator shall follow the 
provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (c)(1)(ii) of this section.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraph (b) of this section to satisfy the requirements 
of this paragraph, then the valve shall be counted as a leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior 
to the periodic monitoring required by paragraph (b) of this section, 
to satisfy the requirements of this paragraph, then the valve shall be 
counted as a leaking valve unless it is repaired and shown by periodic 
monitoring not to be leaking.
    (e) Special provisions for valves. --(1) Unsafe-to-monitor valves. 
Any valve that is designated, as described in Sec. 63.1022(c)(1), as an 
unsafe-to-monitor valve is exempt from the requirements of paragraphs 
(b) of this section and the owner or operator shall monitor the valve 
according to the written plan specified in Sec. 63.1022(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated, as 
described in Sec. 63.1022(c)(2), as a difficult-to-monitor valve is 
exempt from the requirements of paragraph (b) of this section and the

[[Page 55244]]

owner or operator shall monitor the valve according to the written plan 
specified in Sec. 63.1022(c)(4).
    (3) Less than 250 valves. Any equipment located at a plant site 
with fewer than 250 valves in regulated material service is exempt from 
the requirements for monthly monitoring specified in paragraph 
(b)(3)(i) of this section. Instead, the owner or operator shall monitor 
each valve in regulated material service for leaks once each quarter, 
or comply with paragraphs (b)(4)(iii), (b)(4)(iv), or (b)(4)(v) of this 
section except as provided in paragraphs (e)(1) and (e)(2) of this 
section.


Sec. 63.1026  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1021(b) 
or paragraphs (e)(1) through (e)(5) of this section, the owner or 
operator shall monitor each pump to detect leaks and shall comply with 
all other provisions of this section.
    (1) Monitoring method. The pumps shall be monitored monthly to 
detect leaks by the method specified in Sec. 63.1023(b), (c), and (e).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is specified in paragraphs (b)(2)(1) through 
(b)(2)(iii) of this section.
    (i) 5,000 parts per million or greater for pumps handling 
polymerizing monomers;
    (ii) 2,000 parts per million or greater for pumps in food/medical 
service; and
    (iii) 1,000 parts per million or greater for all other pumps.
    (3) Leak repair exception. For pumps to which a 1,000 parts per 
million leak definition applies, repair is not required unless an 
instrument reading of 2,000 parts per million or greater is detected.
    (4) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal at the time of the weekly 
inspection, the owner or operator shall follow the procedure specified 
in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator shall monitor the pump as specified in 
Sec. 63.1023(b), (c), and (e). If the instrument reading indicates a 
leak as specified in paragraph (b)(2) of this section, a leak is 
detected and it shall be repaired using the procedures in Sec. 63.1024, 
except as specified in paragraph (b)(3) of this section; or
    (ii) The owner or operator shall eliminate the visual indications 
of liquids dripping.
    (5) Visual inspection: Leak repair. Where a leak is identified by 
visual indications of liquids dripping, repair shall mean that the 
visual indications of liquids dripping have been eliminated.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the compliance date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) If, when calculated on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit or three 
pumps in a process unit leak, the owner or operator shall implement a 
quality improvement program for pumps that complies with the 
requirements of Sec. 63.1035.
    (3) The number of pumps at a process unit or affected facility 
shall be the sum of all the pumps in regulated material service, except 
that pumps found leaking in a continuous process unit or affected 
facility within 1 month after start-up of the pump shall not count in 
the percent leaking pumps calculation for that one monitoring period 
only.
    (4) Percent leaking pumps shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.018

Where:

%PL=Percent leaking pumps
PL=Number of pumps found leaking as determined through 
monthly monitoring as required in paragraph (b)(1) of this section.
PS=Number of pumps leaking within 1 month of start-up during 
the current monitoring period.
PT=Total pumps in regulated material service, including 
those meeting the criteria in paragraphs (e)(1) and (e)(2) of this 
section.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1024, as applicable, unless otherwise specified in paragraphs 
(b)(4) of this section for leaks identified by visual indications of 
liquids dripping.
    (e) Special provisions for pumps.--(1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) 
of this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates 
failure of the seal system, the barrier fluid system, or both. The 
owner or operator shall keep records at the plant of the design 
criteria and an explanation of the design criteria; and any changes to 
these criteria and the reasons for the changes. This record must be 
available for review by an inspector.
    (ii) Each dual mechanical seal system shall meet the requirements 
specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C) 
of this section.
    (A) Each dual mechanical seal system is operated with the barrier 
fluid at a pressure that is at all times (except periods of startup, 
shutdown, or malfunction) greater than the pump stuffing box pressure; 
or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that complies with the requirements of 
subpart SS of this part; or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week 
for indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from 
the pump seal at the time of the weekly inspection, the owner or 
operator shall follow the procedure specified in paragraphs 
(e)(1)(v)(A) or (e)(1)(v)(B) of this section.
    (A) The owner or operator shall monitor the pump as specified in 
Sec. 63.1023(b), (c), and (e) to determine if there is a leak of 
regulated material in the barrier fluid. If an instrument reading of 
1,000 parts per million or greater is measured, a leak is detected and 
it shall be repaired using the procedures in Sec. 63.1024; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.

[[Page 55245]]

    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this 
section the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec. 63.1024(a).
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
monitoring requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system. Any pump that is routed to a process or fuel gas 
system or equipped with a closed vent system capable of capturing and 
transporting leakage from the pump to a control device meeting the 
requirements of subpart SS of this part or Sec. 63.1021(b) is exempt 
from the monitoring requirements of paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this 
section, and the daily requirements of paragraph (e)(1)(vii) of this 
section, provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) 90 percent exemption. If more than 90 percent of the pumps at a 
process unit or affected facility meet the criteria in either paragraph 
(e)(1) or (e)(2) of this section, the process unit or affected facility 
is exempt from the requirements of paragraph (b) of this section.
    (6) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec. 63.1022(c)(1), as an unsafe-to-monitor pump is exempt 
from the monitoring requirements of paragraph (b) of this section and 
the repair requirements of Sec. 63.1024 and the owner or operator shall 
monitor the pump according to the written plan specified in 
Sec. 63.1022(c)(4).


Sec. 63.1027  Connectors in gas and vapor service and in light liquid 
service standards.

    (a) Compliance schedule. The owner or operator shall monitor all 
connectors in each process unit initially for leaks by the later of 
either 12 months after the compliance date as specified in a 
referencing subpart or 12 months after initial startup. If all 
connectors in each process unit have been monitored for leaks prior to 
the compliance date specified in the referencing subpart, no initial 
monitoring is required provided either no process changes have been 
made since the monitoring or the owner or operator can determine that 
the results of the monitoring, with or without adjustments, reliably 
demonstrate compliance despite process changes. If required to monitor 
because of a process change, the owner or operator is required to 
monitor only those connectors involved in the process change.
    (b) Leak detection. Except as allowed in Sec. 63.1021(b)(1) or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in gas and vapor and light liquid service as 
specified in paragraphs (a) and (b)(3) of this section.
    (1) Monitoring method. The connectors shall be monitored to detect 
leaks by the method specified in Sec. 63.1023(b).
    (2) Instrument reading that defines a leak. If an instrument 
reading greater than or equal to 500 parts per million is measured, a 
leak is detected.
    (3) Monitoring periods. The owner or operator shall perform 
monitoring, subsequent to the initial monitoring required in paragraph 
(a) of this section, as specified in paragraphs (b)(3)(i) through 
(b)(3)(iii) of this section, and shall comply with the requirements of 
paragraphs (b)(3)(iv) and (b)(3)(v) of this section. The required 
period in which monitoring must be conducted shall be determined from 
paragraphs (b)(3)(i) through (b)(3)(iii) of this section using the 
monitoring results from the preceding monitoring period. The percent 
leaking connectors shall be calculated as specified in paragraph (c) of 
this section.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of this paragraph by monitoring at least 40 percent of the 
connectors within 2 years of the start of the monitoring period, 
provided all connectors have been monitored by the end of the 4 year 
monitoring period.
    (iii) If the percent leaking connectors in the process unit was 
less than 0.25 percent, then monitor as provided in paragraph 
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or 
(b)(3)(iii)(C) of this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is 
greater than or equal to 0.35 percent of the monitored connectors, the 
owner or operator shall monitor as soon as practical, but within the 
next 6 months, all connectors that have not yet been monitored during 
the monitoring period. At the conclusion of monitoring, a new 
monitoring period shall be started pursuant to paragraph (b)(3) of this 
section, based on the percent leaking connectors of the total monitored 
connectors.
    (C) If the percent leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is less 
than 0.35 percent of the monitored connectors, the owner or operator 
shall monitor all connectors that have not yet been monitored within 8 
years of the start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraph 
(b)(3)(i) through (b)(3)(iii) of this section, a connector is found to 
be leaking, it shall be re-monitored once within 90 days after repair 
to confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and 
end date of each monitoring period under this section for each process 
unit.
    (c) Percent leaking connectors calculation. For use in determining 
the monitoring frequency, as specified in paragraphs (a), and (b)(3) of 
this section, the percent leaking connectors as used in paragraphs (a) 
and (b)(3) of this section shall be calculated by using equation number 
4.
[GRAPHIC] [TIFF OMITTED] TP14OC98.019


[[Page 55246]]


Where:

%CL = Percent leaking connectors as determined through 
monitoring required in paragraphs (a) and (b) of this section.
    CL = Number of connectors measured at 500 parts per 
million or greater, by the method specified in Sec. 63.1023(b).
    Ct = Total number of monitored connectors in the process 
unit or affected facility.

    (d) Leak repair. If a leak is detected pursuant to paragraphs (a) 
and (b) of this section, then the leak shall be repaired using the 
procedures in Sec. 63.1024, as applicable.
    (e) Special provisions for connectors.--(1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in 
Sec. 63.1022(c)(1), as an unsafe-to-monitor connector is exempt from 
the requirements of paragraphs (b)(1) through (b)(3) of this section 
and the owner or operator shall monitor according to the written plan 
specified in Sec. 63.1022(c)(4).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraphs (a) and (b) of this section and from the 
recordkeeping and reporting requirements of Secs. 63.1038 and 63.1039. 
An inaccessible connector is one that meets any of the provisions 
specified in paragraphs (e)(2)(i)(A) through (e)(2)(i)(F) of this 
section, as applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters 
(25 feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (ii) If any inaccessible, ceramic or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the visual, audible, olfactory, or other indications of a leak to the 
atmosphere shall be eliminated as soon as practical.


Sec. 63.1028  Agitators in gas and vapor service and in light liquid 
service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) [Reserved]
    (c) Leak detection.--(1) Monitoring method. Each agitator seal 
shall be monitored monthly to detect leaks by the methods specified in 
Sec. 63.1023(b), (c), and (e), except as provided in Sec. 63.1021(b).
    (2) Instrument reading that defines a leak. If an instrument 
reading equivalent of 10,000 parts per million or greater is measured, 
a leak is detected.
    (3) Visual inspection. (i) Each agitator seal shall be checked by 
visual inspection each calendar week for indications of liquids 
dripping from the agitator seal.
    (ii) If there are indications of liquids dripping from the agitator 
seal, the owner or operator shall follow the procedures specified in 
paragraphs (b)(3)(ii)(A) and (b)(3)(ii)(B) of this section.
    (A) The owner or operator shall either monitor the agitator seal as 
specified in Sec. 63.1023(b), (c), and (e) to determine if there is a 
leak of regulated material. If an instrument reading of 10,000 parts 
per million or greater is measured, a leak is detected, and it shall be 
repaired using the procedures in Sec. 63.1024;
    (B) The owner or operator shall eliminate the indications of 
liquids dripping from the pump seal.
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec. 63.1024(a).
    (e) Special provisions for agitators.--(1) Dual mechanical seal. 
Each agitator equipped with a dual mechanical seal system that includes 
a barrier fluid system is exempt from the requirements of paragraph (b) 
of this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirements specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that meets the requirements of Sec. 63.1034; 
or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in paragraphs (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1023(b), (c), and (e) to determine the presence of 
regulated material in the barrier fluid. If an instrument reading 
equivalent to or greater than the leak level specified for agitators in 
the referencing subpart is measured, a leak is detected and it shall be 
repaired using the procedures in Sec. 63.1024, or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system 
shall meet the requirements specified in paragraphs (e)(1)(vi)(A) and 
(e)(1)(vi)(B).
    (A) The owner or operator shall determine, based on design 
considerations and operating experience, criteria that indicates 
failure of the seal system, the barrier fluid system, or both and 
applicable to the presence and frequency of drips. If indications of 
liquids dripping from the agitator seal exceed the criteria, or if, 
based on the criteria the sensor indicates failure of the seal system, 
the barrier fluid system, or both, a leak is detected and shall be 
repaired pursuant to Sec. 63.1024, as applicable.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from paragraph (b) of this section.

[[Page 55247]]

    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system. Any agitator that is routed to a process or fuel 
gas system that captures and transports leakage from the agitator to a 
control device meeting the requirements of Sec. 63.1034 is exempt from 
the requirements of paragraph (b) of this section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of this 
section, provided that each agitator is visually inspected as often as 
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1022(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (b) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec. 63.1022(c)(4).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (b) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1022(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in 
Sec. 63.1022(c)(4).


Sec. 63.1029  Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in liquid service; and instrumentation 
systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection.--(1) Monitoring method. Pumps, valves, 
connectors, and agitators in heavy liquid service; pressure relief 
devices in light liquid or heavy liquid service; and instrumentation 
systems shall be monitored within 5 calendar days by the method 
specified in Sec. 63.1023(b), (c), and (e) if evidence of a potential 
leak to the atmosphere is found by visual, audible, olfactory, or any 
other detection method, unless the potential leak is repaired as 
required in paragraph (c) of this section.
    (2) Instrument reading that defines a leak. If an instrument 
reading of 10,000 parts per million or greater for agitators, 5,000 
parts per million or greater for pumps handling agitators, 5,000 parts 
per million or greater for pumps handling polymerizing monomers, 2,000 
parts per million or greater for pumps in food and medical service, or 
1,000 parts per million or greater for all other pumps, or 500 parts 
per million or greater for valves, connectors, instrumentation systems, 
and pressure relief devices is measured pursuant to paragraph (b)(1) of 
this section, a leak is detected and shall be repaired pursuant to 
Sec. 63.1024, as applicable.
    (c) Leak repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in 
Sec. 63.1023(b), repaired shall mean that the visual, audible, 
olfactory, or other indications of a leak to the atmosphere have been 
eliminated; that no bubbles are observed at potential leak sites during 
a leak check using soap solution; or that the system will hold a test 
pressure.


Sec. 63.1030  Pressure relief devices in gas and vapor service 
standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. Except during pressure releases as 
provided for in paragraph (c) of this section, each pressure relief 
device in gas and vapor service shall be operated with an instrument 
reading of less than 500 parts per million as measured by the method 
specified in Sec. 63.1023(b), (c), and (e).
    (c) Pressure relief requirements. (1) After each pressure release, 
the pressure relief device shall be returned to a condition indicated 
by an instrument reading of less than 500 parts per million, as soon as 
practical, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1024(d).
    (2) The pressure relief device shall be monitored no later than 
five calendar days after the pressure to confirm the condition 
indicated by an instrument reading of less than 500 parts per million 
above background, as measured by the method specified in 
Sec. 63.1023(b), (c), and (e).
    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including the background level measured and the 
maximum instrument reading measured during the monitoring.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. Any pressure 
relief device that is routed to a process or fuel gas system or 
equipped with a closed vent system capable of capturing and 
transporting leakage from the pressure relief device to a control 
device meeting the requirements of either Sec. 63.1034 or 
Sec. 63.1021(b) is exempt from the requirements of paragraphs (b) and 
(c) of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a replacement rupture disk 
upstream of the pressure relief device as soon as practical after each 
pressure release but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1024(d).


Sec. 63.1031  Compressors standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere, except as provided in 
Sec. 63.1021(b) and paragraphs (e) and (f) of this section. Each 
compressor seal system shall meet the applicable requirements specified 
in paragraph (b)(1), (b)(2), or (b)(3) of this section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that 
is routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that meets the requirements of Sec. 63.1034; 
or
    (3) Equipped with a closed-loop system that purges the barrier 
fluid directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is

[[Page 55248]]

located within the boundary of an unmanned plant site.
    (d) Failure criterion and leak detection.--(1) The owner or 
operator shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, 
a leak is detected and shall be repaired pursuant to Sec. 63.1024, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a 
closed vent system. A compressor is exempt from the requirements of 
paragraphs (b) through (d) of this section if it is equipped with a 
system to capture and transport leakage from the compressor drive shaft 
seal to a process or a fuel gas system or to a closed vent system that 
captures and transports leakage from the compressor to a control device 
meeting the requirements of Sec. 63.1034.
    (f) Alternative compressor standard.--(1) Any compressor that is 
designated, as described in Sec. 63.1022(e), as operating with an 
instrument reading of less than 500 parts per million above background 
shall operate at all times with an instrument reading of less than 500 
parts per million. A compressor so designated is exempt from the 
requirements of paragraphs (b) through (d) of this section if the 
compressor is demonstrated, initially upon designation, annually, and 
at other times requested by the Administrator to be operating with an 
instrument reading of less than 500 parts per million above background, 
as measured by the method specified in Sec. 63.1023(b), (c), and (e). A 
compressor may not be designated or operated as having an instrument 
reading of less than 500 parts per million as described in 
Sec. 63.1022(e) if the compressor has a maximum instrument reading 
greater than 500 parts per million.
    (2) The owner or operator shall record the dates and results of 
each compliance test including the background level measured and the 
maximum instrument reading measured during each compliance test.


Sec. 63.1032  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed-purge, closed-loop, or closed vent system, 
except as provided in paragraph (d) of this section or Sec. 63.1021(b). 
Gases displaced during filling of the sample container are not required 
to be collected or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system as required in paragraph (b) of this section 
shall meet the applicable requirements specified in paragraphs (c)(1) 
through (c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a 
process line or to a fuel gas system; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a control device that meets the requirements of 
Sec. 63.1034; or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or subpart 
G, if the waste management unit complying with the provisions of 40 CFR 
part 63, subpart G, applicable to group 1 wastewater streams. If the 
purged process fluid does not contain any regulated material listed in 
Table 9 of 40 CFR part 63, subpart G, the waste management unit need 
not be subject to, and operated in compliance with the requirements of 
40 CFR part 63, subpart G, applicable to group 1 wastewater steams 
provided the facility has an NPDES permit or sends the wastewater to a 
National Pollution Discharge Elimination System (NPDES) permit or sends 
the wastewater to an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR parts 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (5) Containers that are part of a closed purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.


Sec. 63.1033  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Sec. 63.1021(b) and paragraphs (c) 
and (d) of this section. The cap, blind flange, plug, or second valve 
shall seal the open end at all times except during operations requiring 
process fluid flow through the open-ended valve or line, or during 
maintenance. The operational provisions of paragraphs (b)(2) and (b)(3) 
of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve 
shall be operated in a manner such that the valve on the process fluid 
end is closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting 
the line between the block valves but shall comply with paragraph 
(b)(1) of this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in 
the event of a process upset are exempt from the requirements of 
paragraph (b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or, would 
present an explosion, serious overpressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.


Sec. 63.1034  Closed vent systems and control devices; or emissions 
routed to a fuel gas system or process standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and control devices used to comply with the provisions of this 
subpart shall design and operate the closed vent systems and control 
devices with an efficiency specified in the referencing subpart or 
greater and shall comply with the provisions of subpart SS of this 
part, except as provided in Sec. 63.1037.
    (2) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply

[[Page 55249]]

with the provisions of subpart SS of this part, except as provided in 
Sec. 63.1037.


Sec. 63.1035  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit or affected 
facility (or plant site) or three pumps in a process unit or affected 
facility (or plant site) leak, the owner or operator shall comply with 
the requirements specified in paragraphs (a)(1) and (a)(2) of this 
section.
    (1) Pumps that are in food and medical service or in polymerizing 
monomer service shall comply with all requirements except for those 
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food and medical or polymerizing monomer 
service shall comply with all of the requirements of this section.
    (b) Exiting the QIP. The owner or operator shall comply with the 
requirements of this section until the number of leaking pumps is less 
than the greater of either 10 percent of the pumps or three pumps, 
calculated as a 6-month rolling average, in the process unit or 
affected facility (or plant site). Once the performance level is 
achieved, the owner or operator shall comply with the requirements in 
Sec. 63.1026.
    (c) Resumption of QIP. If, in a subsequent monitoring period, the 
process unit or affected facility (or plant site) has greater than 10 
percent of the pumps leaking or three pumps leaking (calculated as a 6-
month rolling average), the owner or operator shall resume the quality 
improvement program starting at performance trials.
    (d) QIP requirements. The quality improvement program shall meet 
the requirements specified in paragraphs (d)(1) through (d)(8) of this 
section.
    (1) The owner or operator shall comply with the requirements in 
Sec. 63.1026.
    (2) Data collection. The owner or operator shall collect the data 
specified in paragraphs (d)(2)(i) through (d)(2)(v) of this section and 
maintain records for each pump in each process unit or affected 
facility (or plant site) subject to the quality improvement program. 
The data may be collected and the records may be maintained on a 
process unit, affected facility, or plant site basis.
    (i) Pump type (e.g., piston, horizontal or vertical centrifugal, 
gear, bellows); pump manufacturer; seal type and manufacturer; pump 
design (e.g., external shaft, flanged body); materials of construction; 
if applicable, barrier fluid or packing material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units or affected facilities, a description of any maintenance or 
quality assurance programs used in the process unit or affected 
facility that are intended to improve emission performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit or affected facility (or plant site) 
remains in the quality improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall 
inspect all pumps or pump seals that exhibited frequent seal failures 
and were removed from the process unit or affected facility due to 
leaks. The inspection shall determine the probable cause of the pump 
seal failure or of the pump leak and shall include recommendations, as 
appropriate, for design changes or changes in specifications to reduce 
leak potential.
    (5)(i) Data analysis. The owner or operator shall analyze the data 
collected to comply with the requirements of paragraph (d)(2) of this 
section to determine the services, operating or maintenance practices, 
and pump or pump seal designs or technologies that have poorer than 
average emission performance and those that have better than average 
emission performance. The analysis shall determine if specific trouble 
areas can be identified on the basis of service, operating conditions 
or maintenance practices, equipment design, or other process-specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit, 
affected facility, or plant site. A candidate superior performing pump 
or pump seal technology is one demonstrated or reported in the 
available literature or through a group study as having low emission 
performance and as being capable of achieving less than 10 percent 
leaking pumps in the process unit or affected facility (or plant site).
    (iii) The analysis shall include consideration of the information 
specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this 
section.
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit or affected facility due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
pump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter-or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a plant site, a company, or a group 
of process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using data collected for a minimum of 6 
months. An analysis of the data shall be done each year the process 
unit or affected facility is in the quality improvement program.
    (6) Trial evaluation program. A trial evaluation program shall be 
conducted at each plant site for which the data analysis does not 
identify use of superior performing pump seal technology or pumps that 
can be applied to the areas identified as having poorer than average 
performance, except as provided in paragraph (d)(6)(v) of this section. 
The trial program shall be used to evaluate the feasibility of using in 
the process unit or affected facility (or plant site) the pump designs 
or seal technologies, and operating and maintenance practices that have 
been identified by others as having low emission performance.
    (i) The trial evaluation program shall include on-line trials of 
pump seal technologies or pump designs and operating and maintenance 
practices that have been identified in the available literature or in 
analysis by others as having the ability to perform with leak rates 
below 10 percent in similar services, as having low

[[Page 55250]]

probability of failure, or as having no external actuating mechanism in 
contact with the process fluid. If any of the candidate superior 
performing pump seal technologies or pumps is not included in the 
performance trials, the reasons for rejecting specific technologies 
from consideration shall be documented as required in paragraph 
(e)(1)(ii) of this section.
    (ii) The number of pump seal technologies or pumps in the trial 
evaluation program shall be the lesser of 1 percent or two pumps for 
programs involving single process units or affected facilities and the 
lesser of 1 percent or five pumps for programs involving a plant site 
or groups of process units or affected facilities. The minimum number 
of pumps or pump seal technologies in a trial program shall be one.
    (iii) The trial evaluation program shall specify and include 
documentation of the information specified in paragraphs (d)(6)(iii)(A) 
through (d)(6)(iii)(D) of this section.
    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and (D) Conclusions regarding the emission performance 
and the appropriate operating conditions and services for the trial 
pump seal technologies or pumps.
    (iv) The performance trials shall initially be conducted, at least, 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that, combined 
with appropriate process, operating, and maintenance practices, operate 
with low emission performance for specific applications in the process 
unit or affected facility. The owner or operator shall continue to 
conduct performance trials as long as no superior performing design or 
technology has been identified, except as provided in paragraph 
(d)(6)(vi) of this section. The initial list of superior emission 
performance pump designs or pump seal technologies shall be amended in 
the future, as appropriate, as additional information and experience 
are obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump 
replacement program at the start of the fourth year of the quality 
improvement program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit or affected facility may 
stop conducting performance trials provided that a superior performing 
design or technology has been demonstrated or there are no technically 
feasible alternative superior technologies remaining. The owner or 
operator shall prepare an engineering evaluation documenting the 
physical, chemical, or engineering basis for the judgment that the 
superior emission performance technology is technically infeasible or 
demonstrating that it would not reduce emissions.
    (7) Quality assurance program. Each owner or operator shall prepare 
and implement a pump quality assurance program that details purchasing 
specifications and maintenance procedures for all pumps and pump seals 
in the process unit or affected facility. The quality assurance program 
may establish any number of categories, or classes, of pumps as needed 
to distinguish among operating conditions and services associated with 
poorer than average emission performance as well as those associated 
with better than average emission performance. The quality assurance 
program shall be developed considering the findings of the data 
analysis required under paragraph (d)(5) of this section, if 
applicable, the findings of the trial evaluation required in paragraph 
(d)(6) of this section, and the operating conditions in the process 
unit or affected facility. The quality assurance program shall be 
updated each year as long as the process unit or affected facility has 
the greater of either 10 percent or more leaking pumps or has three 
leaking pumps.
    (i) The quality assurance program shall meet the requirements 
specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this 
section.
    (A) Establish minimum design standards for each category of pumps 
or pump seal technology. The design standards shall specify known 
critical parameters such as tolerance, manufacturer, materials of 
construction, previous usage, or other applicable identified critical 
parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the plant site or 
process unit or affected facility, or by a designated representative; 
and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications 
for the pump category and will operate so that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees; and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.
    (8) Pump or pump seal replacement. Three years after the start of 
the quality improvement program for plant sites with 400 or more valves 
or 100 or more employees and at the start of the fourth year of the 
quality improvement program for plant sites with less than 400 valves 
and less than 100 employees, the owner or operator shall replace, as 
described in paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the 
pumps or pump seals that are not superior emission performance 
technology with pumps or pump seals that have been identified as 
superior emission performance technology and that comply with the 
quality assurance standards for the pump category. Superior emission 
performance technology is that category or design of pumps or pump 
seals with emission performance that when combined with appropriate 
process, operating, and maintenance practices, will result in less than 
10 percent leaking pumps for specific applications in the process unit, 
affected facility, or plant site. Superior emission performance 
technology includes material or design changes to the existing pump, 
pump seal, seal support system, installation of multiple mechanical 
seals or equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. 
The

[[Page 55251]]

calculated value shall be rounded to the nearest nonzero integer value. 
The minimum number of pumps or pump seals shall be one. Pump 
replacement shall continue until all pumps subject to the requirements 
of Sec. 63.1026 are pumps determined to be superior performance 
technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit or 
affected facility shutdown, provided the number of pump seals and pumps 
replaced is equivalent to the 20 percent or greater annual replacement 
rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.
    (e) QIP recordkeeping. In addition to the records required by 
paragraph (d)(2) of this section, the owner or operator shall maintain 
records for the period of the quality improvement program for the 
process unit or affected facility as specified in paragraphs (e)(1) 
through (e)(6) of this section.
    (1) When using a pump quality improvement program as specified in 
this section, record the information specified in paragraphs (e)(1)(i) 
through (e)(1)(iii) of this section.
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the 
requirements of paragraph (d)(4) of this section, and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iii) The beginning and ending dates while meeting the requirements 
of paragraph (d) of this section.
    (2) If a leak is not repaired within 15 calendar days after 
discovery of the leak, the reason for the delay and the expected date 
of successful repair.
    (3) Records of all analyses required in paragraph (d) of this 
section. The records will include the information specified in 
paragraphs (e)(3)(i) through (e)(3)(iv) of this section.
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions and maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies, and documentation of the performance trial program 
items required under paragraph (d)(6)(iii) of this section.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps 
as specified in paragraph (d)(7) of this section, including records 
indicating that all pumps replaced or modified during the period of the 
quality improvement program are in compliance with the quality 
assurance.
    (5) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in paragraph (d)(8) of 
this section.
    (6) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.


Sec. 63.1036  Alternative means of emission limitation: Batch 
processes.

    (a) General requirement. As an alternative to complying with the 
requirements of Secs. 63.1025 through 63.1033 and Sec. 63.1035, an 
owner or operator of a batch process that operates in regulated 
material service during the calendar year may comply with one of the 
standards specified in paragraphs (b) and (c) of this section, or the 
owner or operator may petition for approval of an alternative standard 
under the provisions of Sec. 63.1021(b). The alternative standards of 
this section provide the options of pressure testing or monitoring the 
equipment for leaks. The owner or operator may switch among the 
alternatives provided the change is documented as specified in 
paragraph (b)(7) of this section.
    (b) Pressure testing of the batch equipment. The following 
requirements shall be met if an owner or operator elects to use 
pressure testing of batch product-process equipment to demonstrate 
compliance with this subpart.
    (1) Reconfiguration. Each time equipment is reconfigured for 
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before 
regulated material is first fed to the equipment and the equipment is 
placed in regulated material service.
    (i) When the batch product-process equipment train is reconfigured 
to produce a different product, pressure testing is required only for 
the new or disturbed equipment.
    (ii) Each batch product process that operates in regulated material 
service during a calendar year shall be pressure-tested at least once 
during that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, 
such as changing hoses or filters, that are not part of the 
reconfiguration to produce a different product or intermediate.
    (2) Testing procedures. The batch product process equipment shall 
be tested either using the procedures specified in paragraph (b)(5) of 
this section for pressure vacuum loss or with a liquid using the 
procedures specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a 
leak is detected if the rate of change in pressure is greater than 6.9 
kilopascals (1 pound per square inch gauge) in 1 hour or if there is 
visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4) Leak repair. (i) If a leak is detected, it shall be repaired 
and the batch product-process equipment shall be retested before start-
up of the process.
    (ii) If a batch product-process fails the retest or the second of 
two consecutive pressure tests, it shall be repaired as soon as 
practical, but not later than 30 calendar days after the second 
pressure test except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The 
procedures specified in paragraphs (b)(5)(i) through (b)(5)(v) of this 
section shall be used to pressure test batch product-process equipment 
for pressure or vacuum loss to demonstrate compliance with the 
requirements of paragraph (b)(3)(i) of this section.
    (i) The batch product-process equipment train shall be pressurized 
with a gas to a pressure less than the set pressure of any safety 
relief devices or valves or to a pressure slightly above the operating 
pressure of the equipment, or alternatively the equipment shall be 
placed under a vacuum.
    (ii) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (iii) The test shall continue for not less than 15 minutes unless 
it can be determined in a shorter period of time that the allowable 
rate of pressure drop or of pressure rise was exceeded. The pressure in 
the batch product-process equipment shall be measured after the gas or 
vacuum source is shut off and at the end of the test period. The rate 
of change in pressure in the batch product-process equipment shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.020


[[Page 55252]]


Where:

(P/t) = Change in pressure, pounds per square inch gauge per 
hour.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.

    (iv) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) that has a precision of 
2.5 millimeter mercury (0.10 inch of mercury) in the range 
of test pressure and is capable of measuring pressures up to the relief 
set pressure of the pressure relief device. If such a pressure 
measurement device is not reasonably available, the owner or operator 
shall use a pressure measurement device with a precision of at least 
 10 percent of the test pressure of the equipment and shall 
extend the duration of the test for the time necessary to detect a 
pressure loss or rise that equals a rate of 1 pound per square inch 
gauge per hour (7 kilopascals per hour).
    (v) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting a pressure loss or rise.
    (6) Pressure test procedure using test liquid. The procedures 
specified in paragraphs (b)(6)(i) through (b)(g)(iv) of this section 
shall be used to pressure-test batch product-process equipment using a 
liquid to demonstrate compliance with the requirements of paragraph 
(b)(3)(ii) of this section.
    (i) The batch product-process equipment train, or section of the 
equipment train, shall be filled with the test liquid (e.g., water, 
alcohol) until normal operating pressure is obtained. Once the 
equipment is filled, the liquid source shall be shut off.
    (ii) The test shall be conducted for a period of at least 60 
minutes, unless it can be determined in a shorter period of time that 
the test is a failure.
    (iii) Each seal in the equipment being tested shall be inspected 
for indications of liquid dripping or other indications of fluid loss. 
If there are any indications of liquids dripping or of fluid loss, a 
leak is detected.
    (iv) An alternative procedure may be used for leak testing the 
equipment, if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.
    (7) Pressure testing recordkeeping. The owner or operator of a 
batch product process who elects to pressure test the batch product 
process equipment train to demonstrate compliance with this subpart 
shall maintain records of the information specified in paragraphs 
(b)(7)(i) through (b)(7)(v) of this section.
    (i) The identification of each product, or product code, produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in a batch product process equipment train.
    (ii) Physical tagging of the equipment to identify that it is in 
regulated material service and subject to the provisions of this 
subpart is not required. Equipment in a batch product process subject 
to the provisions of this subpart may be identified on a plant site 
plan, in log entries, or by other appropriate methods.
    (iii) The dates of each pressure test required in paragraph (b) of 
this section, the test pressure, and the pressure drop observed during 
the test.
    (iv) Records of any visible, audible, or olfactory evidence of 
fluid loss.
    (v) When a batch product process equipment train does not pass two 
consecutive pressure tests, the information specified in paragraphs 
(b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in 
a log and kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt.
    (B) Repair methods applied in each attempt to repair the leak.
    (C) The reason for the delay of repair.
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.
    (c) Equipment monitoring. The following requirements shall be met 
if an owner or operator elects to monitor the equipment in a batch 
process to detect leaks by the method specified in Sec. 63.1023(b) to 
demonstrate compliance with this subpart.
    (1) The owner or operator shall comply with the requirements of 
Secs. 63.1025 through 63.1035 as modified by paragraphs (c)(2) through 
(c)(4) of this section.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 63.1023(b) when the equipment is in regulated 
material service or is in use with any other detectable material.
    (3) The equipment shall be monitored for leaks as specified in 
paragraphs (c)(3)(i) through (c)(3)(iv) of this section.
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of start-up of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit or affected facility.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 63.1027.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1. The operating time shall be 
determined as the proportion of the year the batch product-process that 
is subject to the provisions of this subpart is operating.
    (iv) The monitoring frequencies specified in paragraph (c)(3)(iii) 
of this section are not requirements for monitoring at specific 
intervals and can be adjusted to accommodate process operations. An 
owner or operator may monitor anytime during the specified monitoring 
period (e.g., month, quarter, year), provided the monitoring is 
conducted at a reasonable interval after completion of the last 
monitoring campaign. For example, if the equipment is not operating 
during the scheduled monitoring period, the monitoring can be done 
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as 
practical but not later than 15 calendar days after it is detected, 
except as provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process 
units or affected facilities that the owner or operator elects to 
monitor as provided under paragraph (c) of this section, the owner or 
operator shall prepare a list of equipment added to batch product 
process units or affected facilities since the last monitoring period 
required in paragraphs (c)(3)(ii) and (3)(iii) of this section.
    (2) Maintain records demonstrating the proportion of the time 
during the calendar year the equipment is in use in a batch process 
that is subject to the provisions of this subpart. Examples of suitable 
documentation are records of time in use for individual pieces of 
equipment or average time in use for the process unit or affected 
facility. These records are not required if the owner or operator does 
not adjust monitoring frequency by the time in use, as provided in 
paragraph (c)(3)(iii) of this section.
    (3) Record and keep pursuant to the referencing subpart and this 
subpart, the date and results of the monitoring required in paragraph 
(c)(3)(i) of this section for equipment added to a batch product-
process unit or affected facility since the last monitoring period 
required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section. If 
no leaking equipment is found during this monitoring, the owner or 
operator shall

[[Page 55253]]

record that the inspection was performed. Records of the actual 
monitoring results are not required.
    (e) Delay of repair. Delay of repair of equipment for which leaks 
have been detected is allowed if the replacement equipment is not 
available providing the conditions specified in paragraphs (e)(1) and 
(e)(2) of this section are met.
    (1) Equipment supplies have been depleted and supplies had been 
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after 
delivery of the replacement equipment.
    (f) Periodic report contents. For owners or operators electing to 
meet the requirements of paragraph (b) of this section, the Periodic 
Report to be filed pursuant to Sec. 63.1039(b) shall include the 
information listed in paragraphs (f)(1) through (f)(4) of this section 
for each process unit.
    (1) Batch product process equipment train identification;
    (2) The number of pressure tests conducted;
    (3) The number of pressure tests where the equipment train failed 
the pressure test; and
    (4) The facts that explain any delay of repairs.


Sec. 63.1037  Alternative means of emission limitation: Enclosed-vented 
process units or affected facilities.

    (a) Use of closed vent system and control device. Process units or 
affected facilities enclosed in such a manner that all emissions from 
equipment leaks are vented through a closed vent system to a control 
device meeting the requirements of either Sec. 63.1034 or 
Sec. 63.1021(b) are exempt from the requirements of Secs. 63.1025 
through 63.1035. The enclosure shall be maintained under a negative 
pressure at all times while the process unit or affected facility is in 
operation to ensure that all emissions are routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities 
and the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, 
enclosure, and closed vent system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.


Sec. 63.1038  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(e.g., quarterly monitoring, quality improvement) for each type of 
equipment. The records required by this subpart are summarized in 
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in 
Sec. 63.1022(a) through (c), the owner or operator shall keep general 
and specific equipment identification if the equipment is not 
physically tagged and the owner or operator is electing to identify the 
equipment subject to this subpart through written documentation such as 
a log or other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 63.1022(c)(4) for any equipment that is designated as unsafe- or 
difficult-to-monitor.
    (3) The owner or operator shall maintain a record of the identity 
and an explanation as specified in Sec. 63.1022(d)(2) for any equipment 
that is designated as unsafe-to-repair.
    (4) As specified in Sec. 63.1022(e), the owner or operator shall 
maintain the identity of compressors operating with an instrument 
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records associated with the 
determination that equipment is in heavy liquid service as specified in 
Sec. 63.1022(f).
    (6) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 63.1023(e)(2).
    (7) The owner or operator shall keep records for leak repair as 
specified in Sec. 63.1024(f) and records for delay of repair as 
specified in Sec. 63.1024(d).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the records specified in paragraphs (c)(1)(i) 
and (c)(1)(ii) of this section.
    (i) The monitoring schedule for each process unit as specified in 
Sec. 63.1025(b)(3)(i).
    (ii) The valve subgrouping records specified in 
Sec. 63.1025(b)(4)(iv), if applicable.
    (2) For pumps, the owner or operator shall maintain the records 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in 
Sec. 63.1026(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 63.1026(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips 
for dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec. 63.1026(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the 
monitoring schedule for each process unit as specified in 
Sec. 63.1027(b)(3).
    (4) For the criteria as to the presence and frequency of drips for 
agitators, the owner or operator shall keep records of the design 
criteria and explanations and any changes and the reason for the 
changes, as specified in Sec. 63.1028(e)(1)(vi).
    (5) For pressure relief devices in gas and vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec. 63.1030(c)(3).
    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the 
barrier fluid system, record the design criteria and explanations and 
any changes and the reason for the changes, as specified in 
Sec. 63.1031(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 63.1031(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain 
the records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this 
section.
    (i) Individual pump records as specified in Sec. 63.1035(d)(2).
    (ii) Trial evaluation program documentation as specified in 
Sec. 63.1035(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgment 
that superior emission performance technology is not applicable as 
specified in Sec. 63.1035(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in 
Sec. 63.1035(d)(7).
    (v) QIP records as specified in Sec. 63.1035(e).
    (8) For process units complying with the batch process unit 
alternative, the owner or operator shall maintain the records specified 
in paragraphs (c)(8)(i) and (c)(8)(ii) of this section.

[[Page 55254]]

    (i) Pressure test records as specified in Sec. 63.1036(b)(7).
    (ii) Records for equipment added to the process unit as specified 
in Sec. 63.1036(d).
    (9) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 63.1037(b).


Sec. 63.1039  Reporting requirements.

    (a) Initial compliance status report. Each owner or operator shall 
submit an initial compliance status report according to the procedures 
in the referencing subpart. The notification shall include the 
information listed in paragraphs (a)(1) through (a)(3) of this section, 
as applicable.
    (1) The notification shall provide the information listed in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each 
process unit or affected facility subject to the requirements of this 
subpart.
    (i) Process unit or affected facility identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding 
equipment in vacuum service.
    (iii) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for requirements in Secs. 63.1025 and 
63.1026.
    (2) The notification shall provide the information listed in 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process 
unit or affected facility subject to the requirements of 
Sec. 63.1036(b).
    (i) Batch products or product codes subject to the provisions of 
this subpart, and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the information listed in 
paragraphs (a)(3)(i) and (a)(3)(ii) of this section for each process 
unit or affected facility subject to the requirements in Sec. 63.1037.
    (i) Process unit or affected facility identification.
    (ii) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of subpart SS of this part.
    (b) Periodic reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (b)(6) of this 
section, as applicable, in the Periodic Report specified in the 
referencing subpart.
    (1) For the equipment specified in paragraphs (b)(1)(i) through 
(b)(1)(v) of this section, report in a summary format by equipment 
type, the number of components for which leaks were detected and for 
valves, pumps and connectors show the percent leakers, and the total 
number of components monitored. Also include the number of leaking 
components that were not repaired as required by Sec. 63.1024, and for 
valves and connectors, identify the number of components that are 
determined by Sec. 63.1025(c)(3) to be nonrepairable.
    (i) Valves in gas and vapor service and in light liquid service 
pursuant to Sec. 63.1025 (b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 63.1026 (b) and 
(c).
    (iii) Connectors in gas and vapor service and in light liquid 
service pursuant to Sec. 63.1027 (b) and (c).
    (iv) Agitators in gas and vapor service and in light liquid service 
pursuant to Sec. 63.1028(b).
    (v) Compressors pursuant to Sec. 63.1031.
    (2) Where any delay of repair is utilized pursuant to 
Sec. 63.1024(d), report that delay of repair has occurred and report 
the number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information 
specified in Sec. 63.1025(b)(4)(iv).
    (4) For pressure relief devices in gas and vapor service pursuant 
to Sec. 63.1030(b) and for compressors pursuant to Sec. 63.1031(f) that 
are to be operated at a leak detection instrument reading of less than 
500 parts per million, report the results of all monitoring to show 
compliance conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring 
program for valves pursuant to Sec. 63.1025(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec. 63.1035.
    (7) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in 
Sec. 63.1036(f).
    (8) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units or affected 
facilities with later compliance dates. Report any revisions to items 
reported in an earlier Initial Compliance Status Report if the method 
of compliance has changed since the last report.

               Table 1.--Batch Processes Monitoring Frequency For Equipment Other Than Connectors
----------------------------------------------------------------------------------------------------------------
                                        Equivalent continuous process monitoring frequency time in use
 Operating time  (% of year) -----------------------------------------------------------------------------------
                                        Monthly                    Quarterly                 Semiannually
----------------------------------------------------------------------------------------------------------------
 0 to <25%..................  Quarterly.................  Annually..................  Annually.
25 to <50%..................  Quarterly.................  Semiannually..............  Annually.
50 to <75%..................  Bimonthly.................  Three times...............  Semiannually.
75 to 100%..................  Monthly...................  Quarterly.................  Semiannually.
----------------------------------------------------------------------------------------------------------------

    5. Part 63 is amended by adding subpart WW as follows:

Subpart WW--National Emission Standards for Storage Vessels (Tanks)--
Control     Level 2

Sec.

63.1060  Applicability.
63.1061  Definitions.
63.1062  Storage vessel control requirements..
63.1063  Floating roof requirements.
63.1064  Pressurized storage vessel requirements.
63.1065  Enclosure requirements.
63.1066  Alternative means of emission limitation.
63.1067  Procedure for determining no detectable emissions.
63.1068  Recordkeeping requirements.
63.1069  Reporting requirements.


Sec. 63.1060  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from storage vessels for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for storage vessels are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to a referencing subpart. The provisions of 40 CFR part 63, 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.

[[Page 55255]]

    (b) If a physical process change is made that causes a storage 
vessel to fall outside the criteria in the referencing subpart that 
required the storage vessel to control emissions of regulated material, 
the owner or operator may elect to comply with the provisions for the 
storage vessels not subject to control contained in the referencing 
subpart instead of the provisions of this subpart.


Sec. 63.1061  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in this section.
    Capacity means the volume of liquid that is capable of being stored 
in a vessel, based on the vessel's diameter and external shell height.
    Deck cover means a device which covers an opening in a floating 
roof deck. There is a gasket between the cover and the deck. Some deck 
covers move horizontally with respect to the deck (i.e., a sliding 
cover).
    Empty or emptying means the removal of some or all of the stored 
liquid from a storage vessel. Storage vessels where stored liquid is 
left on the walls, as bottom clingage, or in pools due to bottom 
irregularities are considered empty. Lowering of the stored liquid 
level, such that the floating roof is resting on its legs, as 
necessitated by normal vessel operation (for example, to minimize 
contamination when changing stored material or when transferring 
material out of the vessel for shipment) is not considered emptying.
    External floating roof or EFR means a floating roof located in a 
storage vessel without a fixed roof.
    Fill or filling means the introduction of regulated material into a 
storage vessel, but not necessarily to complete capacity.
    Fixed roof means a roof that is mounted (i.e., permanently affixed) 
on a storage vessel that does not move with fluctuations in stored 
liquid level.
    Flexible fabric sleeve seal means a seal made of an elastomeric 
fabric (or other material) which covers an opening in a floating roof 
deck, and which allows the penetration of a pole, such as a fixed roof 
support column or a guidepole. The seal is attached to the rim of the 
deck opening and extends to the outer surface of the pole. The seal is 
draped (but does not contact the stored liquid) to allow the horizontal 
movement of the deck relative to the pole.
    Floating roof means a roof that floats on the surface of the liquid 
in a storage vessel. A floating roof substantially covers the stored 
liquid surface (but is not necessarily in contact with the entire 
surface), and is comprised of a deck, a rim seal, and miscellaneous 
deck fittings.
    Initial fill or initial filling means the first introduction of 
regulated material into a storage vessel, or the introduction of 
regulated material into a storage vessel that has been out of 
(regulated-material) service for a year or longer.
    Internal floating roof or IFR means a floating roof located in a 
storage vessel with a fixed roof. For the purposes of this subpart, an 
external floating roof located in a storage vessel to which a fixed 
roof has been added is considered to be an internal floating roof.
    Liquid-mounted seal means a resilient or liquid-filled rim seal 
designed to contact the stored liquid.
    Mechanical shoe seal or metallic shoe seal means a rim seal 
consisting of a band of metal (or other suitable material) as the 
sliding contact with the wall of the storage vessel, and a fabric seal 
to close the annular space between the band and the rim of the floating 
roof deck. The band is typically formed as a series of sheets (shoes) 
that are overlapped or joined together to form a ring. The lower end of 
the band extends into the stored liquid.
    Pole float means a float located inside a guidepole that floats on 
the surface of the stored liquid. The rim of the float has a wiper or 
seal that extends to the inner surface of the pole, and that is at or 
above the height of the deck cover.
    Pole sleeve means a device which extends from the opening in a 
floating roof deck or deck cover to the outer surface of a pole. The 
sleeve extends into the stored liquid.
    Pole wiper means a seal that extends from the rim of the opening in 
a floating roof deck cover to the outer surface of a pole.
    Referencing subpart means the subpart that refers an owner or 
operator to this subpart.
    Regulated material means liquids that are regulated by a 
referencing subpart.
    Rim seal means a device attached to the rim of a floating roof deck 
that spans the annular space between the deck and the wall of the 
storage vessel. When a floating roof has only one such device, it is a 
primary seal; when there are two seals (one mounted above the other), 
the lower seal is the primary seal and the upper seal is the secondary 
seal.
    Slotted guidepole means a guidepole or gaugepole that has slots or 
holes through the wall of the pole. The slots or holes allow the stored 
liquid to flow into the pole at all floating roof heights.
    Storage vessel or Tank means a stationary unit that is constructed 
primarily of nonearthen materials (such as wood, concrete, steel, 
fiberglass, or plastic) which provide structural support and is 
designed to hold an accumulation of liquids or other materials.
    Vapor-mounted seal means a rim seal designed not to be in contact 
with the stored liquid. Vapor-mounted seals may include, but are not 
limited to, resilient seals and flexible wiper seals.


Sec. 63.1062  Storage vessel control requirements.

    (a) For each storage vessel to which this subpart applies, the 
owner or operator shall comply with one of the requirements listed in 
paragraphs (a)(1) through (a)(8) of this section.
    (1) Operate and maintain an IFR.
    (2) Operate and maintain an EFR.
    (3) Closed vent system and flare. Operate and maintain a closed 
vent system and flare as specified in subpart SS of this part. Periods 
of planned routine maintenance of the flare during which the flare does 
not meet the specifications of subpart SS of this part shall not exceed 
72 hours per year.
    (4) Closed vent system and control device. Operate and maintain a 
closed vent system and control device as specified in paragraphs 
(a)(4)(i) and (a)(4)(ii) of this section and subpart SS of this part.
    (i) The control device shall be designed and operated to reduce 
inlet emissions of regulated material.
    (ii) Periods of planned routine maintenance of the control device 
shall not exceed 72 hours per year. The owner or operator shall report 
periods of planned routine maintenance as specified in subpart SS of 
this part.
    (5) Route to a process or fuel gas system. Route the emissions to a 
process or fuel gas system as provided in subpart SS of this part.
    (6) Equivalent requirements. Comply with an equivalent to the 
requirements in paragraph (a)(1) or (a)(2) of this section, as provided 
in Sec. 63.1066.
    (7) Pressurized storage vessel. Operate a pressurized storage 
vessel in accordance with the requirements specified in Sec. 63.1064; 
or
    (8) Enclosure. Operate and maintain the storage vessel inside an 
enclosure that is vented through a closed vent system to an enclosed 
combustion control device in accordance with the requirements specified 
in Sec. 63.1065.


Sec. 63.1063  Floating roof requirements.

    The owner or operator who elects to use a floating roof to comply 
with the requirements of Sec. 63.1062 shall comply with the 
requirements in paragraphs (a) through (e) of this section.
    (a) Design requirements.--(1) Rim seals.--
    (i) Internal floating roof. An IFR shall be equipped with one of 
the devices

[[Page 55256]]

listed in paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section.
    (A) A liquid-mounted seal.
    (B) A mechanical shoe seal.
    (C) Two seals mounted one above the other. The lower seal may be 
vapor-mounted.
    (D) If the IFR is equipped with a vapor-mounted seal as of the 
proposal date for a referencing subpart, paragraphs (a)(1)(i)(A) 
through (a)(1)(i)(C) of this section do not apply until the next time 
the storage vessel is emptied and degassed, or 10 years after 
promulgation of the referencing subpart, whichever occurs first.
    (ii) External floating roof. An EFR shall be quipped with one of 
the devices listed in paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of 
this section.
    (A) A liquid-mounted seal and a secondary seal.
    (B) A mechanical shoe seal and a secondary seal. The upper end of 
the shoe(s) shall extend a minimum of 61 centimeters (24 inches) above 
the stored liquid surface.
    (C) If the EFR is equipped with a liquid-mounted seal or mechanical 
shoe seal, or a vapor-mounted seal and secondary seal, as of the 
proposal date for a referencing subpart, the seal options specified in 
paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this section do not apply 
until the next time the storage vessel is emptied and degassed, or 10 
years after the promulgation date of the referencing subpart, whichever 
occur first.
    (2) Deck Fittings. Openings through the deck of the floating roof 
shall be equipped as described in paragraphs (a)(2)(i) through 
(a)(2)(viii) of this section.
    (i) Each opening except those for automatic bleeder vents (vacuum 
breaker vents) and rim space vents shall have its lower edge below the 
surface of the stored liquid.
    (ii) Each opening except those for automatic bleeder vents (vacuum 
breaker vents), rim space vents, leg sleeves, fixed roof support 
columns, sample wells, guidepoles, and deck drains shall be equipped 
with a deck cover.
    (iii) Each automatic bleeder vent (vacuum breaker vent) and rim 
space vent shall be equipped with a gasket.
    (iv) Each opening for a fixed roof support column shall be equipped 
with a flexible fabric sleeve seal or a deck cover.
    (v) Each opening for a sample well or deck drain (that empties into 
the stored liquid) shall be equipped with a slit fabric seal or similar 
device that covers at least 90 percent of the opening.
    (vi) Each cover on access hatches and gauge float wells shall be 
designed to be bolted or fastened when closed.
    (vii) Each opening for an unslotted guidepole shall be equipped 
with the devices specified in paragraphs (a)(2)(vii)(A) and 
(a)(2)(vii)(B) of this section.
    (A) A gasketed cap on the top of the guidepole which is closed at 
all times except when gauging the liquid level or taking liquid 
samples.
    (B) The well shall be quipped with one of the devices specified in 
paragraphs (a)(2)(vii)(B)(1) and (a)(2)(vii)(B)(2) of this section.
    (1) A flexible fabric sleeve seal.
    (2) A deck cover with a pole wiper.
    (viii) Each opening for a slotted guidepole shall be equipped wtih 
one of the devices specified in paragraphs (a)(2)(viii)(A) through 
(a)(2)(viii)(C) of this section.
    (A) A flexible fabric sleeve seal and a pole float.
    (B) A deck cover with a pole wiper, and a pole float.
    (C) A deck cover with a pole wiper, and a pole sleeve.
    (ix) If the floating roof does not meet the requirements listed in 
paragraphs (a)(2)(i) through (a)(2)(vii) of this section as of the 
proposal date of the referencing subpart, these requirements do not 
apply until the next time the vessel is emptied and degassed, or 10 
years after the promulgation date of the referencing subpart, whichever 
occurs first.
    (b) Operating requirements. (1) The floating roof shall float on 
the stored liquid surface at all times, except when the floating roof 
is supported by its leg supports.
    (2) When the floating roof is supported by its leg supports, the 
process of filling or emptying the vessel shall be continuous and shall 
be accomplished as soon as practical, and the owner or operator shall 
maintain the record specified in Sec. 63.1068(c).
    (3) Each cover over an opening in the floating roof, except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents, 
shall be closed at all times, except when the cover must be open for 
access.
    (4) Each automatic bleeder vent (vacuum breaker vent) and rim space 
vent shall be closed at all times, except when required to be open to 
relieve excess pressure or vacuum, in accordance with the manufacturers 
design.
    (c) Inspection frequency requirements--(1) Internal floating roofs. 
Internal floating roofs shall be inspected as specified in paragraph 
(d)(1) of this section before the initial filling of the storage 
vessel. Subsequent inspections shall be performed as specified in 
paragraph (c)(1)(i) or (c)(1)(ii) of this section.
    (i) Internal floating roofs shall be inspected as specified in 
paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section.
    (A) At least once per year the IFR shall be inspected as specified 
in paragraph (d)(2) of this section.
    (B) Each time the storage vessel is emptied and degassed, or every 
10 years, whichever occurs first, the IFR shall be inspected as 
specified in paragraph (d)(1) of this section.
    (ii) Internal floating roofs with two rim seals shall be inspected 
as specified in paragraph (c)(1)(ii)(A) or (c)(1)(ii)(E) of this 
section.
    (A) The internal floating roof shall be inspected as specified in 
paragraph (c)(1)(i) of this section.
    (B) The internal floating roof shall be inspected as specified in 
paragraph (d)(1) of this section each time the storage vessel is 
emptied or degassed, or every 5 years, whichever occurs first.
    (2) External floating roofs. External floating roofs shall be 
inspected as specified in paragraphs (c)(2)(i) through (c)(2)(iv) of 
this section.
    (i) Within 90 days after the initial filling of the storage vessel, 
and at least every 5 years thereafter, the primary rim seal shall be 
inspected as specified in paragraph (d)(3) of this section.
    (ii) Within 90 days after the initial filling of the storage 
vessel, and at least once per year thereafter, the secondary seal shall 
be inspected as specified in paragraph (d)(3) of this section.
    (iii) Each time the storage vessel is emptied and degassed, or 
every 10 years, whichever occurs first, the EFR shall be inspected as 
specified in paragraph (d)(1) of this section.
    (iv) If the owner or operator determines that it is unsafe to 
perform the floating roof inspections specified in paragraphs (c)(2)(i) 
and (c)(2)(ii) of this section, the owner or operator shall comply with 
the requirements of paragraph (c)(2)(iv)(A) or (c)(2)(iv)(B) of this 
section.
    (A) The inspections shall be performed no later than 30 days after 
the determination that the floating roof is unsafe.
    (B) The storage vessel shall be removed from regulated material 
service no later than 75 days after the determination that the floating 
roof is unsafe.
    (d) Inspection procedure requirements. Floating roof inspections 
shall be conducted as specified in paragraphs (d)(1) through (d)(3) of 
this section, as applicable. If a floating roof fails an inspection, 
the owner or

[[Page 55257]]

operator shall comply with the repair requirements of paragraph (e) of 
this section.
    (1) Floating roof (IFR and EFR) inspections shall be conducted by 
visually inspecting the floating roof deck, deck fittings, and rim 
seals from within the storage vessel. The inspection may be performed 
entirely from the top side of the floating roof, as long as there is 
visual access to all deck components specified in paragraph (a) of this 
section. Any of the conditions described in paragraphs (d)(1)(i) 
through (d)(1)(v) of this section constitutes inspection failure.
    (i) Regulated material on the floating roof.
    (ii) Holes or tears in the primary or secondary seal (if one is 
present).
    (iii) Floating roof deck, deck fittings, or rim seals that are not 
functioning as designed (as specified in paragraph (a) of this 
section).
    (iv) Failure to comply with the operational requirements of 
paragraph (b) of this section.
    (v) Gaps of more than 0.32 centimeters (\1/8\ inch) between any 
deck fitting gasket (required by paragraph (a) of this section) and any 
surface that it is intended to seal.
    (2) Tank-top inspections of IFR's shall be conducted by visually 
inspecting the floating roof deck, deck fittings, and rim seal through 
openings in the fixed roof. Any of the conditions described in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section constitutes 
inspection failure. Identification of holes or tears in the rim seal is 
required only for the seal that is visible from the top of the storage 
vessel.
    (3) Seal gap inspections for EFR's shall determine the presence and 
size of gaps between the rim seals and the wall of the storage vessel 
by the procedures specified in paragraph (d)(3)(i) of this section. Any 
exceedance of the gap requirements specified in paragraphs (d)(3)(ii) 
and (d)(3)(iii) of this section constitutes inspection failure.
    (i) Rim seals shall be measured for gaps at one or more levels 
while the EFR is floating, as specified in paragraphs (d)(3)(i)(A) 
through (d)(3)(i)(F) of this section.
    (A) the inspector shall hold a 0.32 centimeter (\1/8\ inch) 
diameter probe vertically against the inside of the storage vessel 
wall, just above the rim seal, and attempt to slide the probe down 
between the seal and the vessel wall. Each location where the probe 
passes freely (without forcing or binding against the seal) between the 
seal and the vessel wall constitutes a gap.
    (B) The length of each gap shall be determined by inserting the 
probe into the gap (vertically) and sliding the probe along the vessel 
wall in each direction as far as it will travel freely without binding 
between the seal and the vessel wall. The circumferential length along 
which the probe can move freely is the gap length.
    (C) The maximum width of each gap shall be determined by inserting 
probes of various diameters between the seal and the vessel wall. The 
smallest probe diameter should be 0.32 centimeter, and larger probes 
should have diameters in increments of 0.32 centimeter. The diameter of 
the largest probe that can be inserted freely anywhere along the length 
of the gap is the maximum gap width.
    (D) The average width of each gap shall be determined by averaging 
the minimum gap width (0.32 centimeter) and the maximum gap width.
    (E) The area of a gap is the product of the gap length and average 
gap width.
    (F) The ratio of accumulated area of rim seal gaps to storage 
vessel diameter shall be determined by adding the area of each gap, and 
dividing the sum by the nominal diameter of the storage vessel. This 
ratio shall be determined separately for primary and secondary rim 
seals.
    (ii) The ratio of seal gap area to vessel diameter for the primary 
seal shall not exceed 212 square centimeters per meter of vessel 
diameter (10 square inches per foot of vessel diameter), and the 
maximum gap width shall not exceed 3.81 centimeters (1.5 inches).
    (iii) The ratio of seal gap area to vessel diameter for the 
secondary seal shall not exceed 21.2 square centimeters per meter (1 
square inch per foot), and the maximum gap width shall not exceed 1.27 
centimeters (0.5 inches).
    (e) Repair requirements. Conditions causing inspection failures 
under paragraph (d) of this section shall be repaired as specified in 
paragraph (e)(1) or (e)(2) of this section.
    (1) If the inspection is performed while the storage vessel is not 
storing regulated material, or is out of service and degassed, repairs 
shall be completed before the refilling of the storage vessel with 
regulated material.
    (2) If the inspection is performed while the storage vessel is 
storing regulated material, repairs shall be completed or the vessel 
removed from regulated material service within 75 days.


Sec. 63.1064  Pressurized storage vessel requirements.

    (a) The owner or operator who elects to control storage vessel air 
emissions by using a pressurized storage vessel shall meet the 
following requirements.
    (1) The storage vessel shall be designed not to vent to the 
atmosphere as a result of compression of the vapor headspace in the 
storage vessel during filling of the storage vessel to its design 
capacity.
    (2) All storage vessel openings shall be equipped with closure 
devices designed to operate with no detectable organic emissions as 
determined using the procedure specified in Sec. 63.1067.
    (3) Whenever a regulated material is in the storage vessel, the 
storage vessel shall be operated as a closed system that does not vent 
to the atmosphere except in the event that opening of a safety device, 
a defined in Sec. 63.681, is required to avoid an unsafe condition.
    (b) [Reserved]


Sec. 63.1065  Enclosure requirements.

    (a) The owner or operator who elects to control air emissions by 
using an enclosure vented through a closed vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (a)(1) and (a)(2) of this section.
    (1) The storage vessel shall be located inside an enclosure. The 
enclosure shall be designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, Appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into our out of the enclosure by conveyor, vehicles, or other 
mechanical means; entry of permanent mechanical or electrical 
equipment; or to direct airflow into the enclosure. The owner or 
operator shall perform the verification procedure for the enclosure as 
specified in Section 5.0 to ``Procedure T--Criteria for and 
Verification of a Permanent or Temporary Total Enclosure'' initially 
when the enclosure is first installed and, thereafter, annually.
    (2) The enclosure shall be vented through a closed vent system to 
an enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, 
or process heater specified in subpart SS of this part.
    (b) [Reserved]


Sec. 63.1066  Alternative means of emission limitation.

    (a) An alternate control device may be substituted for a control 
device specified in Sec. 63.1063 if the alternate device has an 
emission factor less than or equal to the emission factor for the 
device specified in Sec. 63.1063. Requests for the use of alternate 
devices shall be

[[Page 55258]]

made as specified in Sec. 63.1069(b)(3). Emission factors for the 
devices specified in Sec. 63.1063 are published in EPA Report No. AP-
42, Complication of Air Pollutant Emission Factors.
    (b) Tests to determine emission factors for an alternate device 
shall accurately simulate conditions under which the device will 
operate, such as wind, temperature, and barometric pressure. Test 
methods that can be used to perform the testing required in this 
paragraph include, but are not limited to, the methods listed in 
paragraphs (b)(1) through (b)(iii) of this section.
    (i) American Petroleum Institute (API) Manual of Petroleum 
Measurement Standards, Chapter 19, Section 3, Part A, Wind Tunnel Test 
Method for the Measurement of Deck-Fitting Loss Factors for External 
Floating-Roof Tanks.
    (ii) API Manual of Petroleum Measurement Standards, Chapter 19, 
Section 3, part B, Air Concentration Test Method for the Measurement of 
Rim Seal Loss Factors for Floating-Roof Tanks.
    (iii) API Manual of Petroleum Measurement Standards, Chapter 19, 
Section 3, Part E, Weight Loss Test Method for the Measurement of Deck-
Fitting Loss Factors for Internal Floating-Roof Tanks.
    (c) An alternate combination of control devices may be substituted 
for any combination of rim seal and deck fitting control devices 
specified in Sec. 63.1063 if the alternate combination emits no more 
than the combination specified in Sec. 63.1063. The emissions from an 
alternate combination of control devices shall be determined using AP-
42 or as specified in paragraph (b) of this section. The emissions from 
a combination of control devices specified in Sec. 63.1063 shall be 
determined using AP-42. Requests for the use of alternate devices shall 
be made as specified in Sec. 63.1069(b)(3).


Sec. 63.1067  Procedure for determining no detectable emissions.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material 
having an organic HAP concentration representative of the range of 
concentrations for the regulated materials expected to be managed in 
the unit. During the test, the cover and closure devices shall be 
secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the regulated 
material placed in the unit, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million by volume hydrocarbon 
in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 parts per million by volume.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing 
the instrument probe around the potential leak interface as close to 
the interface as possible, as described in Method 21. In the case when 
the configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
devise presents any sampling at the interface and the device is 
equipped with an enclosed extension or horn (e.g., some pressure relief 
devices), the instrument probe inlet shall be placed at approximately 
the center of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 500 parts per million by volumes. 
If the difference is less than 500 parts per million by volume, then 
the potential leak interface is determined to operate with no 
detectable organic emissions.
    (b) [Reserved]


Sec. 63.1068  Recordkeeping requirements.

    The owner or operator shall keep records as specified in paragraphs 
(a) through (c) of this section for as long as regulated material is 
stored. Records required in paragraph (b) of this section shall be kept 
for at least 5 years. Records shall be readily accessible.
    (a) Vessel dimensions and capacity. A record shall be kept of the 
dimensions of the storage vessel, an analysis of the capacity of the 
storage vessel, and an identification of the regulated material stored.
    (b) Inspection results. Records of floating roof inspection results 
shall be kept as specified in paragraphs (b)(1) and (b)(2) of this 
section.
    (1) If the floating roof passes inspection, a record shall be kept 
that includes the information specified in paragraphs (b)(1)(i) and 
(b)(1)(ii) of this section. If the floating roof fails inspection, a 
record shall be kept that includes the information specified in 
paragraphs (b)(1)(i) through (b)(1)(v) of this section.
    (i) Identification of the storage vessel that was inspected.
    (ii) The date of the inspection.
    (iii) A description of all inspection failures.
    (iv) A description of all repairs and the dates they were made.
    (v) The date the storage vessel was removed from regulated material 
service, if applicable.
    (2) A record shall be kept of EFR seal gap measurements, including 
the raw data obtained and any calculations performed.
    (c) Floating roof set on its legs. The owner or operator shall 
maintain a record identifying the date when the floating roof was set 
on its legs and the date when the roof was refloated. The record shall 
also indicate whether this was a continuous operation.


Sec. 63.1069  Reporting requirements.

    (a) Notification of initial startup. If the referencing subpart 
requires that a notification of initial startup be filed, then the 
content of the notification of initial startup shall include (at a 
minimum) the information specified in the referencing subpart and the 
information specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) The identification of each storage vessel, its capacity and the 
regulated material stored in the storage vessel.
    (2) A statement of whether the owner or operator of the source can 
achieve compliance by the compliance date specified in referencing 
subpart.
    (b) Periodic reports. Report the information specified in 
paragraphs (b)(1) through (b)(3) of this section, as

[[Page 55259]]

applicable, in the periodic report specified in the referencing 
subpart.
    (1) Notification of inspection. To provide the Administrator the 
opportunity to have an observer present, the owner or operator shall 
notify the Administrator at least 15 days before an inspection. If a 
delegated State or local agency is notified, the owner or operator is 
not required to notify the Administrator. A delegated State or local 
agency may waive the requirement for notification of inspections.
    (2) Inspection results. Within 30 days of a failed inspection, the 
owner or operator shall submit a copy of the inspection record 
(required in Sec. 63.1068).
    (3) Requests for alternate devices. The owner or operator 
requesting the use of an alternate control device shall submit a 
written application including emissions test results and analysis 
demonstrating that the alternate device has an emission factor that is 
less than or equal to the device specified in Sec. 63.1063.
    6. Part 63 is amended by adding subpart YY to read as follows:

Subpart YY--National Emission Standards for Hazardous Air Pollutants 
for Source Categories: Generic Maximum Achievable Control Technology 
Standards

Sec.

63.1100  Applicability.
63.1101  Definitions.
63.1102  Compliance schedule.
63.1103  Source category-specific applicability, definitions, and 
requirements.
63.1104  Process vents from continuous unit operations: 
applicability determination procedures and methods.
63.1105  Process vents from batch unit operations: applicability 
determination procedures and methods.
63.1106  Wastewater treatment systems: applicability determination 
procedures and methods.
63.1107  Equipment leaks: applicability determination procedures and 
methods.
63.1108  Compliance with standards and operation and maintenance 
requirements.
63.1109  Recordkeeping requirements.
63.1110  Reporting requirements.
63.1111  Startup, shutdown, and malfunction.
63.1112  Extension of compliance, and performance test, monitoring, 
recordkeeping, and reporting waivers and alternatives.
63.1113  Procedures for approval of alternative means of emission 
limitation.


Sec. 63.1100  Applicability

    (a) This subpart applies to source categories and affected sources 
specified in Sec. 63.1103(a) through (d) of this subpart. The affected 
emission points, by source category, are summarized in table 1. This 
table also delineates the section and paragraph of the rule that 
directs an owner or operator of an affected source to source category-
specific control, monitoring, recordkeeping, and reporting 
requirements.

                                             Table 1 to Sec.  63.1100.--Source Category MACT a Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Wastewater
        Source category             Storage       Process  vents  Transfer  racks     Equipment        treatment          Other        Source  category
                                    vessels                                             leaks        system  units                    MACT  requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Acetal Resins Production...  Yes............  Yes............  No.............  Yes............  Yes............  No.............  Sec.  63.1103(a)
2. Acrylic and Modacrylic       Yes............  Yes............  No.............  Yes............  Yes............  Yes b..........  Sec.  63.1103(b)
 Fibers Production.
3. Hydrogen Fluoride            Yes............  Yes............  Yes............  Yes............  No.............  Yes c..........  Sec.  63.1103(c)
 Production.
4. Polycarbonates Production..  Yes............  Yes............  No.............  Yes............  Yes............  No.............  Sec.  63.1103(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Maximum achievable control technology.
b Fiber spinning lines using spinning solution or suspension containing acrylonitrile.
c Kilns used to react calcium fluoride with sulfuric acid.

    (b) The provisions of subpart A of this part (General Provisions), 
Secs. 63.1 through 63.5, and Secs. 63.12 through 63.15 apply to owners 
or operators of affected sources subject to this subpart.
    (c) The provisions of this subpart do not apply to research and 
development facilities, consistent with section 112(b)(7) of the Act.
    (d) Primary product determination and applicability. The primary 
product of a process unit shall be determined according to the 
procedures specified in paragraphs (d)(1) and (d)(2). Paragraphs (d)(3) 
and (d)(4) of this section discuss compliance for those process units 
operated as flexible operation units, as specified in paragraph (d)(2) 
of this section.
    (1) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (2) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (d)(2)(i) or (d)(2)(ii) of this section based on the 
anticipated operations for the 5 years following the promulgation date 
for existing affected sources and for the first 5 years after initial 
startup for new affected sources.
    (i) If the flexible operation unit will manufacture one product for 
the greatest operating time over the five year period, then that 
product shall represent the primary product of the flexible operation 
unit.
    (ii) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest production on a mass basis over the five year period shall 
represent the primary product of the flexible operation unit.
    (3) Once the primary product of a process unit has been determined 
to be a product produced by a source category subject to this subpart, 
the owner or operator of the affected source shall comply with the 
standards for the primary product production process unit.
    (4) The determination of the primary product for a process unit, to 
include the determination of applicability of this subpart to process 
units that are designed and operated as flexible operation units, shall 
be reported in the Notification of Compliance Status Report required by 
Sec. 63.1110 when the primary product is determined to be a product 
produced by a source category subject to requirements under this 
subpart. The Notification of Compliance Status shall include the 
information specified in either paragraph (d)(4)(i) or (d)(4)(ii) of 
this section. If the primary product is determined to be something 
other than a product produced by a source category subject to 
requirements under this subpart, the owner or operator shall retain 
information, data, and analyses used to document the basis for the 
determination that the primary product is not produced by a source 
category subject to requirements under this subpart.

[[Page 55260]]

    (i) If the process unit manufactures only one product subject to 
requirements under this subpart, identification of that product.
    (ii) If the process unit is designed and operated as a flexible 
operation unit, the information specified in paragraphs (d)(4)(ii)(A) 
and (d)(4)(ii)(B) of this section, as appropriate.
    (A) Identification of the primary product.
    (B) Information concerning operating time and/or production mass 
for each product that was used to make the determination of the primary 
product under paragraph (d)(2)(i) or (d)(2)(ii) of this section.
    (iii) Demonstrate that the parameter monitoring levels established 
for the primary product are also appropriate for those periods when 
products other than the primary product are being produced. Material 
demonstrating this finding shall be submitted in the Notification of 
Compliance Status Report required by Sec. 63.1110.
    (e) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (e)(1) through 
(e)(8) of this section to determine to which process unit a storage 
vessel shall belong.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on the date of promulgation for an affected source, that 
storage vessel shall belong to the process unit subject to the other 
subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall belong to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall belong to that process unit located on the same 
plant site as the storage vessel that has the greatest input into or 
output from the storage vessel (i.e., the process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is subject to this subpart, the storage vessel shall belong to 
that process unit.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are subject to standards under this subpart that have different 
primary products, then the owner or operator shall assign the storage 
vessel to any one of the process units sharing the storage vessel.
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding the date of promulgation of 
standards for an affected source under this subpart or based on the 
expected utilization for the 5 years following promulgation date of 
standards for an affected source under this subpart for existing 
affected sources, whichever is more representative of the expected 
operations for that storage vessel, and based on the expected 
utilization for the 5 years after initial startup for new affected 
sources. The determination of predominant use shall be reported in the 
Notification of Compliance Status Report required by Sec. 63.1110. If 
the predominant use changes, the redetermination of predominant use 
shall be reported in the next Periodic Report.
    (7) If the storage vessel begins receiving material from (or 
sending material to) another process unit; ceases to receive material 
from (or send material to) a process unit; or if the applicability of 
this subpart to a storage vessel has been determined according to the 
provisions of paragraphs (e)(1) through (e)(6) of this section and 
there is a significant change in the use of the storage vessel that 
could reasonably change the predominant use, the owner or operator 
shall reevaluate the applicability of this subpart to the storage 
vessel.
    (8) Where a storage vessel is located at a major source that 
includes one or more process units that place material into, or receive 
materials from the storage vessel, but the storage vessel is located in 
a tank farm, the applicability of this subpart shall be determined 
according to the provisions in paragraphs (e)(8)(i) through (e)(8)(iii) 
of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw materials, as appropriate). With 
respect to any process unit, an intervening storage vessel means a 
storage vessel connected by hard-piping to the process unit and to the 
storage vessel in the tank farm so that product or raw material 
entering or leaving the process unit flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) 
the storage vessel in the tank farm.
    (ii) If there is only one process unit at a major source subject to 
the requirements of this subpart with respect to a storage vessel, the 
storage vessel shall be assigned to that process unit.
    (iii) If there are two or more process units at the major source 
that meet the criteria of paragraph (e)(8)(i) of this section with 
respect to a storage vessel, the storage vessel shall be assigned to 
one of those process units according to the provisions of paragraph 
(e)(6) of this section. The predominant use shall be determined among 
only those process units that meet the criteria of paragraph (e)(8)(i) 
of this section.
    (f) Recovery operation equipment ownership determination. The owner 
or operator shall follow the procedures specified in paragraphs (f)(1) 
through (f)(7) of this section to determine to which process unit 
recovery operation equipment shall belong.
    (1) If recovery operation equipment is already subject to another 
subpart of 40 CFR part 63 on the date standards are promulgated for an 
affected source, that recovery operation equipment shall belong to the 
process unit subject to the other subpart.
    (2) If recovery operation equipment is used exclusively by a single 
process unit, the recovery operation shall belong to that process unit.
    (3) If recovery operation equipment is shared among process units, 
then the recovery operation equipment shall belong to that process unit 
located on the same plant site as the recovery operation equipment that 
has the greatest input into or output from the recovery operation 
equipment (i.e., that process unit has the predominant use of the 
recovery operation equipment).
    (4) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if one of those 
process units is a process unit subject to this subpart, the recovery 
operation equipment shall belong to the process unit subject to this 
subpart.
    (5) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if more than one of 
the process units are process units that have different primary 
products and that are subject to this subpart, then the owner or 
operator shall assign the recovery operation equipment to any one of 
those process units.
    (6) If the predominant use of recovery operation equipment varies 
from year to year, then the predominant use shall be determined based 
on the utilization that occurred during the year preceding the 
promulgation date of standards for an affected source under this 
subpart or based on the expected utilization for the 5 years following 
the promulgation date for standards for an affected source under this 
subpart for existing affected sources, whichever is the more 
representative of the expected operations for the recovery operations 
equipment, and based on the expected utilization for the first 5 years 
after

[[Page 55261]]

initial startup for new affected sources. This determination shall be 
reported in the Notification of Compliance Status Report required by 
Sec. 63.1110. If the predominant use changes, the redetermination of 
predominant use shall be reported in the next Periodic Report.
    (7) If there is an unexpected change in the utilization of recovery 
operation equipment that could reasonably change the predominant use, 
the owner or operator shall redetermine to which process unit the 
recovery operation belongs by reperforming the procedures specified in 
paragraphs (f)(2) through (f)(6) of this section.
    (g) Overlap with other regulations. (1) Overlap of subpart YY with 
other regulations for storage vessels. (i) After the compliance dates 
specified in Sec. 63.1102 for an affected source subject to this 
subpart, a storage vessel that is part of an existing source that is 
subject to the provisions of 40 CFR part 63, subpart WW (National 
Emission Standards for Storage Vessels--Control Level 2) (if referenced 
under this subpart) under this subpart and the storage vessel 
provisions of 40 CFR part 63, subpart G (the hazardous organic national 
emission standards for hazardous air pollutants (the HON)) is in 
compliance with the storage vessel requirements of subpart WW of this 
part if it complies with the requirements of subpart WW or the storage 
vessel requirements of subpart G of this part.
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, a storage vessel that is part 
of an existing source that is subject to the provisions of 40 CFR part 
63, subpart WW (National Emission Standards for Storage Vessels--
Control Level 2) (if referenced under this subpart) under this subpart 
and the storage vessel provisions of 40 CFR part 60, subpart Ka or Kb 
is required only to comply with the storage vessel control requirements 
of subpart WW of this part.
    (2) Overlap of subpart YY with other regulations for process vents. 
After the compliance dates specified in Sec. 63.1102 for an affected 
source subject to this subpart, a process vent that is part of an 
existing source that is subject to the requirements of 40 CFR part 63, 
subpart SS (National Emission Standards for Closed Vent Systems, 
Control Devices, Recovery Devices and Routing to a Fuel Gas System or 
Process) under this subpart and the process vent requirements of 40 CFR 
part 63, subpart G (the HON) is in compliance with subpart SS if it 
complies with the provisions of subpart SS of this subpart or the 
process vent closed-vent system, control device, recovery, and routing 
to a fuel gas system or process requirements of subpart G of this part.
    (3) Overlap of subpart YY with other regulations for transfer 
racks. After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, a transfer rack that is part 
of an existing source that is subject to the provisions of 40 CFR part 
63, subpart SS (National Emission Standards for Closed Vent Systems, 
Control Devices, Recovery Devices and Routing to a Fuel Gas System or 
Process) under this subpart and the transfer rack requirements of 40 
CFR part 63, subpart G (the HON) is in compliance with subpart SS of 
this part if it complies with the provisions of subpart SS of this part 
or the transfer rack closed-vent system, control device, recovery, and 
routing to a fuel gas system or process requirements of subpart G of 
this part.
    (4) Overlap of subpart YY with other regulations for equipment 
leaks. (i) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, equipment that is part of an 
existing source that is subject to the equipment leak control 
requirements of 40 CFR part 63, subpart TT (National Emission Standards 
for Equipment Leaks--Control Level 1) under this subpart and 40 CFR 
part 60, subpart VV or 40 CFR part 61, subpart V is required only to 
comply with subpart TT of this part.
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, equipment that is part of an 
existing source that is subject to the equipment leak control 
requirements of 40 CFR part 63, subpart UU (National Emission Standards 
for Equipment Leaks--Control Level 2) under this subpart and 40 CFR 
part 63, subpart H (the HON) is in compliance with the equipment leak 
requirements of this subpart if it complies with the equipment leak 
provisions of subpart UU or subpart H of this part.
    (5) Overlap of subpart YY with other regulations for wastewater 
treatment system units. (i) After the compliance dates specified in 
Sec. 63.1102 for an affected source subject to this subpart, wastewater 
streams that are subject to control requirements in the Hazardous 
Organic NESHAP (40 CFR part 63, subpart G) and this subpart is required 
to comply with both rules.
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, wastewater streams that are 
subject to control requirements in the Benzene Waste NESHAP (40 CFR 
part 61, subpart FF) and this subpart is required to comply with both 
rules.


Sec. 63.1101  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in this section.
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec. 63.1106.
    Annual average flow rate, as used in the wastewater provisions, 
means the annual average flow rate, as determined according to the 
procedures specified in Sec. 63.1106.
    Batch cycle refers to manufacturing a product from start to finish 
in a batch unit operation.
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode per batch cycle. For example, a 
displacement of vapor resulting from the charging of a vessel with HAP 
will result in a discrete emission episode. If the vessel is then 
heated, there may also be another discrete emission episode resulting 
from the expulsion of expanded vapor. Both emission episodes may occur 
during the same batch cycle in the same vessel or unit operation. There 
are possibly other emission episodes that may occur from the vessel or 
other process equipment, depending on process operations.
    Batch unit operation means a unit operation involving intermittent 
or discontinuous feed into equipment, and, in general, involves the 
emptying of equipment after the batch cycle ceases and prior to 
beginning a new batch cycle. Mass, temperature, concentration and other 
properties of the process may vary with time. Addition of raw material 
and withdrawal of product do not simultaneously occur in a batch unit 
operation.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By compound means by individual stream components, not carbon 
equivalents.
    Capacity means the volume of liquid that is capable of being stored 
in a storage vessel, based on the vessel's diameter and internal shell 
height.
    Closed vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow inducing devices that transport gas or vapor from an 
emission point to a control device. Closed vent system does

[[Page 55262]]

not include the vapor collection system that is part of any tank truck 
or railcar.
    Continuous parameter monitoring system or CPMS means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Continuous unit operation means a unit operation where the inputs 
and outputs flow continuously. Continuous unit operations typically 
approach steady-state conditions. Continuous unit operations typically 
involve the simultaneous addition of raw material and withdrawal of the 
product.
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this subpart. Such equipment or devices include, but are not 
limited to, absorbers, carbon adsorbers, condensers, incinerators, 
flares, boilers, and process heaters. For process vents from continuous 
unit operations, recapture devices and combustion devices are 
considered control devices but recovery devices are not considered 
control devices. For process vents from batch unit operations, 
recapture devices, recovery devices, and combustion devices are 
considered control devices except for process condensers. Primary 
condensers on stream strippers or fuel gas systems are not considered 
control devices.
    Day means a calendar day.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, kiln, fiber spinning line, equipment 
leak, or other point where a gaseous stream is released.
    Equipment, means each of the following that is subject to control 
under this subpart: pump, compressor, agitator, pressure relief device, 
sampling connection system, open-ended valve or line, valve, connector, 
and instrumentation system; and any control device or system used to 
comply with this subpart.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant that has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method, under specified conditions.
    Flexible operation unit means a process unit that manufactures 
different chemical products periodically by alternating raw materials 
or operating conditions.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine 
(Br2), and hydrogen fluoride (HF).
    Initial start-up means, for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing equipment. Initial startup does 
not include subsequent startup (as defined in this section) of process 
units following malfunctions or process unit shutdowns. Except for 
equipment leaks, initial startup also does not include subsequent 
startups (as defined in this section) of process units following 
changes in product for flexible operation units or following recharging 
of equipment in batch unit operations.
    Low throughput transfer rack means those transfer racks that 
transfer less than a total of 11.8 million liters per year of liquid 
containing regulated HAP.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP's in the stored or transferred liquid 
at the temperature equal to the highest calendar-month average of the 
liquid storage or transfer temperature for liquids stored or 
transferred above or below the ambient temperature or at the local 
maximum monthly average temperature as reported by the National Weather 
Service for liquids stored or transferred at the ambient temperature, 
as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporation Loss From External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 63.14 of 
subpart A of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec. 63.14 
of subpart A of this part); or
    (4) Any other method approved by the Administrator.
    On-site means, with respect to records required to be maintained by 
this subpart, a location within a plant site that encompasses the 
affected source. On-site includes, but is not limited to, the affected 
source to which the records pertain, or central files elsewhere at the 
plant site.
    Organic hazardous air pollutant or organic HAP means any organic 
chemicals that are also HAP.
    Permitting authority means one of the following:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this 
chapter.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a process. The condenser must 
support a vapor-to-liquid phase change for periods of source equipment 
operation that are above the boiling or bubble point of substance(s). 
Examples of process condensers include distillation condensers, reflux 
condensers, process condensers in line prior to the vacuum source, and 
process condensers used in stripping or flashing operations.
    Process unit means the equipment assembled and connected by pipes 
or ducts to process raw and/or intermediate materials and to 
manufacture an intended product. A process unit includes more than one 
unit operation. A process unit includes, but is not limited to, process 
vents, storage vessels, and the equipment (i.e., pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, instrumentation systems, 
surge control vessels, bottoms receivers, and control devices or 
systems.
    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 effected. The 
following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that 
stops production from a process unit, or part of a process unit, for 
less than 24 hours.
    (2) An unscheduled work practice or operational procedure that 
would stop production from a process unit, or part of a process unit, 
for a shorter period of time than would be required to clear the 
process unit, or part of the process unit, of materials and start up 
the unit, and

[[Page 55263]]

would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing 
of equipment without stopping production.
    Process vent means a gas stream that is continuously discharged 
during operation of the unit within a manufacturing process unit that 
meets the applicability criteria of this subpart. Process vents include 
gas streams that are either discharged directly to the atmosphere or 
are discharged to the atmosphere after diversion through a product 
recovery device. Process vents exclude relief valve discharges and 
leaks from equipment regulated under this subpart.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples are product tank 
drawdown or 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.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are 
not limited to, absorbers, carbon adsorbers, and condensers. For 
purposes of the monitoring, recordkeeping, and reporting requirements 
of this subpart, recapture devices are considered recovery devices.
    Recovery device means an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for fuel 
value (i.e., net positive heating value), use, reuse, or for sale for 
fuel value, or reuse. Examples of equipment that may be recovery 
devices include absorbers, carbon adsorbers, condensers, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. For purposes 
of the monitoring, recordkeeping, and reporting requirements of this 
subpart, recapture devices are considered recovery devices.
    Storage vessel or Tank, for the purposes of this subpart, means a 
stationary unit that is constructed primarily of nonearthen materials 
(such as wood, concrete, steel, fiberglass, or plastic) that provide 
structural support and is designed to hold an accumulation of liquids 
or other materials. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Bottoms receiver tanks;
    (3) Surge control vessels; or
    (4) Wastewater storage tanks.
    Surge control vessel means a feed drum, recycle drum, or 
intermediate vessel. Surge control vessels are used within a process 
unit (as defined in this subpart) when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production 
of a product.
    Total organic compounds or TOC means those compounds, excluding 
methane and ethane, measured according to the procedures of Method 18 
or Method 25A, 40 CFR part 60, appendix A.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based 
on vent stream flow rate, emission rate of organic HAP, net heating 
value, and corrosion properties (whether or not the vent stream 
contains halogenated compounds), as quantified by the equations given 
under Sec. 63.1104(e).
    Transfer rack means a single system used to fill bulk cargo tanks 
mounted on or in a truck, railcar, or marine vessel. A transfer rack 
includes all loading arms, pumps, meters, shutoff valves, relief 
valves, and other piping and equipment necessary for the transfer 
operation. Transfer equipment and operations that are physically 
separate (i.e., do not share common piping, valves, and other 
equipment) are considered to be separate transfer racks.
    Unit operation means distinct equipment used in processing, among 
other things, to prepare reactants, facilitate reactions, separate and 
purify products, and recycle materials. Equipment used for these 
purposes includes, but is not limited to, reactors, distillation 
columns, extraction columns, absorbers, decanters, dryers, condensers, 
and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic HAP vapors displaced from tank trucks or railcars 
during loading; and to route the collected organic HAP vapors to the 
storage vessel from which the liquid being loaded originated, or to 
compress collected organic HAP vapors and commingle with the raw feed 
of a production process unit.
    Wastewater treatment system unit means an individual storage 
vessel, surface impoundment, container, oil-water or organic-water 
separator, or transfer system used at a plant site to manage process 
wastewater associated with a source category subject to this subpart.


Sec. 63.1102  Compliance schedule.

    (a) Affected sources, as defined in Sec. 63.1103(a)(1)(i) for 
acetyl resins production; Sec. 63.1103(b)(1)(i) for acrylic and 
modacrylic fiber production; Sec. 63.1103(c)(1)(i) for hydrogen 
fluoride production; or Sec. 63.1103(d)(1)(i) for polycarbonate 
production, shall comply with the appropriate provisions of this 
subpart and the subparts referenced by this subpart according to the 
schedule described in paragraph (a)(1) or (a)(2) of this section, as 
appropriate.
    (1) Compliance dates for new and reconstructed sources.
    (i) The owner or operator of a new or reconstructed affected source 
for which construction or reconstruction commences after October 14, 
1998 that has an initial startup before the effective date of standards 
for an acetal resins, acrylic and modacrylic fiber, hydrogen fluoride, 
and polycarbonate production affected source under this subpart shall 
comply with this subpart no later than the effective date of standards 
for the affected source.
    (ii) The owner or operator of a new or reconstructed acetal resins, 
acrylic and modacrylic fiber, hydrogen fluoride, and polycarbonate 
production affected source that has an initial startup after the 
effective date of standards for the affected source shall comply with 
this subpart upon startup of the source.
    (iii) The owner or operator of an acetal resins, acrylic and 
modacrylic fiber, hydrogen fluoride, and polycarbonate production 
affected source for which construction or reconstruction is commenced 
after October 14, 1998 but before the effective date of standards for 
the affected source under this subpart shall comply with this subpart 
no later than the date 3 years after the effective date if:
    (A) The promulgated standard is more stringent than the proposed 
standard;
    (B) The owner or operator complies with this subpart as proposed 
during the 3-year period immediately after the effective date of 
standards for an acetal resins, acrylic and modacrylic fiber, hydrogen 
fluoride, and polycarbonate production affected source.
    (iv) The owner or operator of an acetal resins, acrylic and 
modacrylic fiber, hydrogen fluoride, and polycarbonate

[[Page 55264]]

production affected source for which construction or reconstruction 
commenced after October 14, 1998 but before the proposal date of a 
relevant standard established pursuant to section 112(f) shall comply 
with the emission standard under section 112(f) not later than the date 
10 years after the date construction or reconstruction is commenced, 
except that, if the section 112(f) standard is promulgated more than 10 
years after construction or reconstruction is commenced, the owner or 
operator shall comply with this subpart as provided in paragraphs 
(a)(2)(i) and (a)(2)(ii) of this section.
    (2) Compliance dates for existing sources.
    (i) The owner or operator of an existing acetal resins, acrylic and 
modacrylic fiber, hydrogen fluoride, and polycarbonate production 
affected source shall comply with the requirements of this subpart 
within 3 years after the effective date of standards for the affected 
source.
    (ii) The owner or operator of an acetal resins, acrylic and 
modacrylic fiber, hydrogen fluoride, and polycarbonate production area 
source that increases its emissions of (or its potential to emit) 
hazardous air pollutants such that the source becomes a major source 
shall be subject to the relevant standards for new sources under this 
subpart. Such sources shall comply with the relevant standard upon 
startup.
    (b) [Reserved]


Sec. 63.1103  Source category-specific applicability, definitions, and 
requirements.

    (a) Acetal resins production applicability, definitions, and 
requirements.--(1) Applicability.--(i) Affected source. For the acetal 
resins production source category (as defined in paragraph (a)(2) of 
this section), the affected source shall comprise all emission points, 
in combination, listed in paragraphs (a)(1)(i)(A) through (a)(1)(i)(D) 
of this section, that are associated with an acetal resins production 
process unit located at a major source, as defined in section 112(a) of 
the Clean Air Act (Act).
    (A) All storage vessels that store liquids containing HAP.
    (B) All process vents from continuous unit operations (front end 
process vents and back end process vents).
    (C) All wastewater treatment system units.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts HAP.
    (ii) The compliance schedule for affected sources as defined in 
paragraph (a)(1)(i) of this section is specified in Sec. 63.1102(a).
    (2) Definitions.
    Acetal resins production means the production of homopolymers and/
or copolymers of alternating oxymethylene units. Acetal resins are also 
known as polyoxymethylenes, polyacetals, and aldehyde resins. Acetal 
resins are generally produced by polymerizing formaldehyde (HCHO) with 
the methylene functional group (CH2) and are characterized by repeating 
oxymethylene units (CH2O) in the polymer backbone.
    Back end process vent means any process vent from a continuous unit 
operation that is not a front end process vent up to the final 
separation of raw materials and by-products from the stabilized 
polymer.
    Front end process vent means any process vent from a continuous 
unit operation involved in the purification of formaldehyde feedstock 
for use in the acetal homopolymer process. All front end process vents 
are restricted to those vents that occur prior to the polymer reactor.
    (3) Requirements. Table 1 specifies the acetal resins production 
standards applicability for existing and new sources. Applicability 
determination procedures and methods are specified in Secs. 63.1104 
through 63.1107. General compliance, recordkeeping, and reporting 
requirements are specified in Secs. 63.1108 through 63.1112. Procedures 
for approval of alternative means of emission limitations are specified 
in Sec. 63.1113.

 Table 1 to Sec.  63.1103.--What Are My Requirements If I Own or Operate
      an Acetal Resins Production Existing or New Affected Source?
------------------------------------------------------------------------
  If you own or
  operate . . .       And if . . .            Then you must . . .
------------------------------------------------------------------------
1. a storage       the maximum true   reduce emissions of organic HAP by
 vessel with: a     vapor pressure     95 weight-percent, or reduce TOC
 size capacity >    of organic HAP >   to a concentration of 20 parts
 34 cubic meters    17.1 kilopascals   per million by volume, whichever
                    (for existing      is less stringent, by venting
                    sources)           emissions through a closed vent
                           or          system to a control device
                   > 11.7              meeting the requirements
                    kilopascals (for   specified in 40 CFR subpart SS
                    new sources)       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(a) of this
                                       part;
                                                      or
                                      route emissions to a fuel gas
                                       system meeting the requirements
                                       of 40 CFR subpart SS (national
                                       emission standards for closed
                                       vent systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(a) of this part
                                                      or
                                      comply with the requirements of 40
                                       CFR subpart WW (national emission
                                       standards for storage vessels
                                       (control level 2)) of this part.
------------------------------------------------------------------------
2. a front end                        reduce emissions of organic HAP by
 process vent                          using a flare
 from continuous                                      or
 unit operations                       reduce emission of organic HAP by
                                       60 weight-percent, or reduce TOC
                                       to a concentration of 20 parts
                                       per million by volume, whichever
                                       is less stringent, by venting
                                       emissions through a closed vent
                                       system to any combination of
                                       control devices meeting the
                                       requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part.
------------------------------------------------------------------------

[[Page 55265]]

3. a back end      the vent stream    reduce emissions of organic HAP by
 process vent       has a a TRE a      using a flare
 from continuous     1.0                   or
 unit operations                      reduce emissions of organic HAP by
                                       98 weight-percent, or reduce TOC
                                       to a concentration of 20 parts
                                       per million by volume, whichever
                                       is less stringent, by venting
                                       emissions through a closed vent
                                       system to any combination of
                                       control devices meeting the
                                       requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part,
                                                      or
                                      achieve and maintain a TRE greater
                                       than 1.0.
------------------------------------------------------------------------
4. a back end      1.0     monitor and keep records of
 process vent       TRE a  4.0            specified to be monitored under
 unit operations                       40 CFR subpart SS (national
                                       emission standards for closed
                                       vent systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Secs.  63.990(c)(absorber
                                       monitoring), 63.991(c) (condenser
                                       monitoring), 63.992(c) (carbon
                                       adsorber monitoring), or
                                       63.995(c) (other noncombustion
                                       systems used as a control device
                                       monitoring) of this part.
------------------------------------------------------------------------
5. equipment as    the equipment      comply with the requirements of 40
 defined under      contains or        CFR subpart TT (national emission
 Sec.  63.1101      contacts  10 weight-     (control level 1)) or UU
                    percent HAP,b      (national emission standards for
                          and          equipment leaks (control level
                   operates  300 hours
                    per year
------------------------------------------------------------------------
6. a wastewater    the wastewater     comply with the requirements of 40
 treatment unit     stream has an      CFR subparts OO, VV, QQ, and RR
                    annual average     (national emission standards for
                    HAP                organic wastewater treatment
                    concentration      facilities) of this part.
                    
                    10,000 parts per
                    million c by
                    weight at any
                    flow rate,
                   .................
                           or
                   the wastewater
                    stream has an
                    annual average
                    HAP
                    concentration
                    
                    1,000 parts per
                    million by
                    weight,c
                          and
                   an annual average
                    flowrate  10 liters
                    per minute d
------------------------------------------------------------------------
a The TRE is determined according to the procedures specified in Sec.
  63.1104(j).
b The weight-percent HAP is determined for equipment according to
  procedures specified in Sec.  63.1107.
c The annual average wastewater organic HAP concentration is determined
  according to the procedures specified in Sec.  63.1106(a) through (c).
d The annual wastewater average flowrate is determined according to
  procedures specified in Sec.  63.1106(d).

    (b) Acrylic and modacrylic fiber production applicability, 
definitions, and requirements.--(1) Applicability.--(i) Affected 
source. For the acrylic fibers and modacrylic fibers production (as 
defined in paragraph (b)(2) of this section) source category, the 
affected source shall comprise all emission points, in combination, 
listed in paragraphs (b)(1)(i)(A) through (b)(1)(i)(E) of this section, 
that are associated with a suspension or solution polymerization 
process unit that produces acrylic and modacrylic fiber located at a 
major source as defined in section 112(a) of the Act.
    (A) All storage vessels that store liquid containing acrylonitrile 
or HAP.
    (B) All process vents from continuous unit operations.
    (C) All wastewater treatment system units.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts acrylonitrile or HAP.
    (E) All acrylic and modacrylic fiber spinning lines using a 
spinning solution or suspension having organic acrylonitrile or HAP.
    For the purpose of implementing this paragraph, a spinning line 
includes the spinning solution filters, spin bath, and the equipment 
used downstream of the spin bath to wash, dry, or draw the spun fiber.
    (ii) The compliance schedule, for affected sources as defined in 
paragraph (b)(1)(i) of this section, is specified in Sec. 63.1102(a).
    (2) Definitions.
    Acrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 85 percent by weight of acrylonitrile units.
    Acrylic and modacrylic fibers production means the production of 
either of the following synthetic fibers composed of acrylonitrile 
units:
    1. Acrylic fiber.
    2. Modacrylic fiber.
    Fiber spinning line means the group of equipment and process vents 
associated with acrylic or modacrylic fiber spinning operations. The 
fiber spinning line includes (as applicable to the type of spinning 
process used) the blending and dissolving tanks, spinning solution 
filters, wet spinning units, spin bath tanks, and the equipment used 
downstream of the spin bath to wash, dry, or draw the spun fiber.
    Modacrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-

[[Page 55266]]

chain synthetic polymer composed of at least 35 percent by weight of 
acrylonitrile units but less than 85 percent by weight of acrylonitrile 
units.
    Solution polymerization means a polymerization process where 
polymer formed in the reactor is soluble in the spinning solvent 
present in the reactor.
    Suspension polymerization means a polymerization process where 
insoluble beads of polymer are formed in a suspension reactor.
    (3) Requirements. An owner or operator of an affected source must 
comply with the requirements of paragraph (b)(3)(i) or (b)(3)(ii) of 
this section.
    (i) Table 3a specifies the acrylic and modacrylic fiber production 
source category control requirement applicability for both existing and 
new sources. Applicability determination procedures and methods are 
specified in Secs. 63.1104 through 63.1107. General compliance, 
recordkeeping, and reporting requirements are specified in 
Secs. 63.1108 through 63.1112. Procedures for approval of alternative 
means of emission limitations are specified in Sec. 63.1113. The owner 
or operator must control HAP emissions from the each affected source 
emission point by meeting the applicable requirements specified in 
table 3a of this section.

 Table 2 to Sec.  63.1103.--What Are My Requirements If I Own or Operate
   an Acrylic and Modacrylic Fiber Production Existing or New Affected
    Source and Am Complying With Paragraph (b)(3)(i) of This Section?
------------------------------------------------------------------------
  If you own or
   operate. . .       And if. . .             Then you must. . .
------------------------------------------------------------------------
1. a storage       the stored         reduce emissions of acrylonitrile
 vessel             material is        by 98 weight-percent, or reduce
                    acrylonitrile      TOC to a concentration of 20
                                       parts per million by volume,
                                       whichever is less stringent, by
                                       venting emissions through a
                                       closed vent system to a control
                                       device meeting the requirements
                                       of 40 CFR subpart SS (national
                                       emission standards for closed
                                       vent systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(a) of this part, or
                                       95 weight-percent or greater by
                                       venting through a closed vent
                                       system to a recovery device
                                       meeting the requirements of 40
                                       CFR subpart SS (national emission
                                       standards for closed vent
                                       systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(a) of this part;
                                                      or
                                      comply with the requirements of 40
                                       CFR part 63 subpart WW (national
                                       emission standards for storage
                                       vessels (control level 2)) of
                                       this part.
------------------------------------------------------------------------
2. a process vent  the vent steam     reduce emissions of acrylonitrile
 from continuous    has a mass         or TOC as specified for
 unit operations    emission rate of   nonhalogenated process vents from
 (halogenated)      halogen atoms      continuous unit operations (other
                    contained in       than by using a flare) and by
                    organic            venting emissions through a
                    compounds  0.45       reduction device meeting the
                    kilograms per      requirements of 40 CFR subpart SS
                    hour a             (national emission standards for
                          and          closed vent systems, control
                   an acrylonitrile    devices, recovery devices, and
                    concentration      routing to a fuel gas system or a
                     50     process), Sec.  63.982(b) of this
                    parts per          part that reduces hydrogen
                    million by         halides and halogens by 99 weight-
                    volume b           percent or to less than 0.45
                          and          kilograms per year, whichever is
                   an average flow     less stringent;
                    rate                   or
                    0.005 cubic       reduce the process vent halogen
                    meters per         atom mass emission rate to less
                    minute             than 0.45 kilograms per hour by
                                       venting emissions through a
                                       closed vent system to a halogen
                                       reduction device meeting the
                                       requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part and then complying with the
                                       requirements specified for
                                       process vents from continuous
                                       unit operations (nonhalogenated).
------------------------------------------------------------------------
3. a process vent  the vent steam     reduce emissions of acrylonitrile
 from continuous    has a mass         by using a flare
 unit operations    emission rate of                  or
 (nonhalogenated)   halogen atoms     reduce emissions of acrylonitrile
                    contained in       by 98 weight-percent, or reduce
                    organic            TOC to a concentration of 20
                    compounds < 0.45   parts per million by volume,
                    kilograms per      whichever is less stringent, by
                    hour a,            venting emissions through a
                          and          closed vent system to any
                   an acrylonitrile    combination of control devices
                    concentration      meeting the requirements of 40
                     50     CFR subpart SS (national emission
                    parts per          standards for closed vent
                    million by         systems, control devices,
                    volume b           recovery devices, and routing to
                          and          a fuel gas system or a process),
                   an average flow     Sec.  63.982(b) of this part.
                    rate 
                    0.005 cubic
                    meters per
                    minute
------------------------------------------------------------------------

[[Page 55267]]

4. a wastewater    the wastewater     comply with the requirements of 40
 treatment unit     stream has an      CFR subparts OO, VV, QQ, and RR
                    annual average     (national emission standards for
                    acrylonitrile      organic wastewater treatment
                    concentration      facilities) of this part.
                    
                    10,000 parts per
                    million by
                    weight c
                           or
                   the wastewater
                    stream has an
                    annual average
                    HAP
                    concentration
                    
                    1,000 parts per
                    million by
                    weight c, and an
                    annual average
                    flowrate  10 liters
                    per minute d
------------------------------------------------------------------------
5. a fiber         the lines use a    reduce acrylonitrile emissions to
 spinning line      spinning           greater than or equal to 85
                    solution or spin   weight-percent by enclosing the
                    dope with an       spinning and washing areas of the
                    acrylonitrile      spinning line (as specified in
                    concentration >    paragraph (b)(4) of this section)
                    100 parts per      by using a flare meeting the
                    million c by       requirements of 40 CFR subpart SS
                    weight             (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part; or by venting emissions
                                       through a closed vent system and
                                       using any combination of control
                                       devices meeting the requirements
                                       of 40 CFR subpart SS of this
                                       part.
------------------------------------------------------------------------
6. equipment as    it contains or     comply with the requirements of 40
 defined under      contacts  10 weight-     standards for equipment leaks
                    percent            (control level 1)) or UU
                    acrylonitrile e,   (national emission standards for
                    and operates  300        2)) of this part.
                    hours per year
------------------------------------------------------------------------
a The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
b The percent by weight organic HAP is determined according to the
  procedures specified in Sec.  63.1107.
c The annual average wastewater organic HAP concentration is determined
  according to the procedures specified in Sec.  63.1106(a) through (c).
d The annual wastewater average flowrate is determined according to
  procedures specified in Sec.  63.1106(d).
e The weight-percent HAP is determined for equipment according to
  procedures specified in Sec.  63.1107.

    (ii) The owner or operator must control HAP emissions from the 
acrylic and modacrylic fibers production facility by meeting the 
applicable requirements specified in table 3b of this subpart. The 
owner or operator must determine the facility acrylonitrile emission 
rate using the procedures specified in paragraph (b)(5) of this 
section.

    Table 3b to Sec.  63.1103.--What Are My Requirements If I Own or Operate an Acrylic and Modacrylic Fiber
     Production Existing or New Affected Source and Am Complying With Paragraph (b)(3)(ii) of This Section?
----------------------------------------------------------------------------------------------------------------
       If you own or operate. . .          Then you must control HAP emissions from the affected source by. . .
----------------------------------------------------------------------------------------------------------------
1. an acrylic and modacrylic fibers      Meeting all of following requirements:
 production affected source and your     a. 1. Reduce total acrylonitrile emissions from all affected storage
 facility is an existing source           vessels, process vents, wastewater treatment units, and fiber spinning
                                          lines operated in your acrylic and modacrylic fibers production
                                          facility to less than or equal to 1.0 kilograms (kg) of acrylonitrile
                                          per megagram (Mg) of fiber produced.
                                         b. 2. Determine the facility acrylonitrile emission rate in accordance
                                          with the requirements specified in Sec.  63.1103(b)(5) of this
                                          section.
----------------------------------------------------------------------------------------------------------------
2. an acrylic and modacrylic fibers      Meeting all of following requirements:
 production affected source and your     a. 1. Reduce total acrylonitrile emissions from all affected storage
 facility is a new source                 vessels, process vents, wastewater treatment units, and fiber spinning
                                          lines operated in the acrylic and modacrylic fibers production
                                          facility to less than or equal to 0.5 kilograms (kg) of acrylonitrile
                                          per megagram (Mg) of fiber produced.
                                         b. 2. Determine the facility acrylonitrile emission rate in accordance
                                          with the requirements specified in Sec.  63.1103(b)(5) of this
                                          section.
----------------------------------------------------------------------------------------------------------------
3. equipment as defined under Sec.       Meeting either of the following standards for equipment leaks:
 63.1101 and it contains or contacts     a. 1. Comply with 40 CFR 63 subpart TT of this part; or
  10 weight-percent           b. 2. Comply with 40 CFR 63 subpart UU of this part.
 acrylonitrile,a and operates  300 hours per year
----------------------------------------------------------------------------------------------------------------
a The weight-percent HAP is determined for equipment according to procedures specified in Sec.  63.1107.

    (4) Fiber spinning line enclosure requirements. For an owner or 
operator electing to comply with paragraph (b)(3)(i) of this section, 
the fiber spinning line enclosure must be designed and operated to meet 
the requirements specified in paragraphs (b)(4)(i) through (b)(4)(iv) 
of this section.
    (i) The enclosure must cover the spinning and washing areas of the 
spinning line.

[[Page 55268]]

    (ii) The enclosure must be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in 
``Procedure T--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure'' in 40 CFR 52.741, Appendix B.
    (iii) The enclosure may have permanent or temporary openings to 
allow worker access; passage of material into or out of the enclosure 
by conveyor, vehicles, or other mechanical means; entry of permanent 
mechanical or electrical equipment; or to direct airflow into the 
enclosure.
    (iv) The owner or operator must perform the verification procedure 
for the enclosure as specified in section 5.0 to ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (5) Facility acrylonitrile emission rate determination. For an 
owner or operator electing to comply with paragraph (b)(3)(ii) of this 
section, the facility acrylonitrile emission rate must be determined 
using the requirements specified in paragraphs (b)(5)(i) through 
(b)(5)(iii) of this section.
    (i) The owner or operator must prepare an initial determination of 
the facility acrylonitrile emission rate.
    (ii) Whenever changes to the acrylic or modacrylic fiber production 
operations at the facility could potentially cause the facility 
acrylonitrile emission rate to exceed the applicable limit of kg of 
acrylonitrile per Mg of fiber produced, the owner or operator must 
prepare a new determination of the facility acrylonitrile emission 
rate.
    (iii) For each determination, the owner or operator must prepare 
and maintain at the facility site sufficient process data, emissions 
data, and any other documentation necessary to support the facility 
acrylonitrile emission rate calculation.
    (c) Hydrogen fluoride production applicability, definitions, and 
requirements.--(1) Applicability.--(i) Affected source. For the 
hydrogen fluoride production (as defined in paragraph (c)(2) of this 
section) source category, the affected source shall comprise all 
emission points, in combination, listed in paragraphs (c)(1)(i)(A) 
through (c)(1)(i)(E) of this section, that are associated with a 
hydrogen fluoride production process unit located at a major source as 
defined in section 112(a) of the Act.
    (A) All storage vessels used to accumulate or store hydrogen 
fluoride.
    (B) All process vents from continuous unit operations associated 
with hydrogen fluoride recovery and refining operations. These process 
vents include vents on condensers, distillation units, and water 
scrubbers.
    (C) All transfer racks used to load hydrogen fluoride into tank 
trucks or railcars.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts hydrogen fluoride.
    (E) Seals on kilns used to react calcium fluoride with sulfuric 
acid.
    (ii) The compliance schedule, for affected sources as defined in 
paragraph (c)(1)(i) of this section, is specified in Sec. 63.1102(a).
    (2) Definitions.
    Hydrogen fluoride production means a process engaged in the 
production and recovery of hydrogen fluoride by reacting calcium 
fluoride with sulfuric acid. For the purpose of implementing this 
subpart, hydrogen fluoride production is not a process that produces 
gaseous hydrogen fluoride for direct reaction with hydrated aluminum to 
form aluminum fluoride (i.e., the hydrogen fluoride is not recovered as 
an intermediate or final product prior to reacting with the hydrated 
aluminum).
    Kiln seal means the mechanical or hydraulic seals at both ends of 
the kiln, designed to prevent the infiltration of moisture and air 
through the interface of the rotating kiln and stationary pipes and 
equipment attached to the kiln during normal vacuum operation of the 
kiln (operation at an internal pressure of at least 0.25 kilopascal 
[one inch of water] below ambient pressure).
    Leakless pump means a pump whose seals are submerged in liquid, a 
pump equipped with a dual mechanical seal system that includes a 
barrier fluid system, or a pump potential leak interface hydrogen 
fluoride concentration measurement of less than 500 parts per million 
by volume.
    (3) Requirements. Table 4 specifies the hydrogen fluoride 
production source category control requirement applicability for both 
existing and new sources. The owner or operator must control hydrogen 
fluoride emission from each affected source emission point as specified 
in table 4. Applicability determination procedures and methods are 
specified in Secs. 63.1104 through 63.1107. General compliance, 
recordkeeping, and reporting requirements are specified in 
Secs. 63.1108 through 63.1112. Procedures for approval of alternative 
means of emission limitations are specified in Sec. 63.1113.

 Table 4. to Sec.  63.1103--What Are My Requirements If I Own or Operate
     a Hydrogen Fluoride Production Existing or New Affected Source?
------------------------------------------------------------------------
  If you own or
    operate...         And if...               Then you must...
------------------------------------------------------------------------
1. a storage       the stored         reduce emissions of hydrogen
 vessel             material is        fluoride by venting emissions
                    hydrogen           through a closed vent system to a
                    fluoride           recovery system or wet scrubber
                                       that achieves a 99 weight-percent
                                       removal efficiency according to
                                       the requirements of 40 CFR
                                       subpart SS of this part.
------------------------------------------------------------------------
2. a process vent  the vent steam is  reduce emissions of hydrogen
 from continuous    from hydrogen      fluoride from the process vent by
 unit operations    fluoride           venting emissions through a
                    recovery and       closed vent system to a wet
                    refining vessels   scrubber that achieves a 99
                                       weight-percent removal efficiency
                                       according to the requirements of
                                       40 CFR subpart SS of this part.
------------------------------------------------------------------------
3. kiln seals      the kilns are      capture and vent hydrogen fluoride
                    used to react      emissions during emergencies
                    calcium fluoride   through a closed vent system to a
                    with sulfuric      wet scrubber that achieves a 99
                    acid               weight-percent hydrogen fluoride
                                       removal efficiency meeting the
                                       requirements of 40 CFR subpart SS
                                       of this part. An alternative
                                       means of emission limitation
                                       including leakless seals may also
                                       be established as provided in
                                       Sec.  63.1112 .
------------------------------------------------------------------------

[[Page 55269]]

4. a transfer      the transfer rack  reduce emissions of hydrogen
 rack               is associated      fluoride emissions by venting
                    with bulk          emissions through a closed vent
                    hydrogen           system to a recovery system or
                    fluoride liquid    wet scrubber that achieves a 99
                    loading into       weight-percent according to the
                    tank trucks and    requirements of 40 CFR subpart SS
                    rail cars          of this part, and must load
                                       hydrogen fluoride into only tank
                                       trucks and railcars that have a
                                       current certification in
                                       accordance with the U.S. DOT
                                       pressure test requirements of 49
                                       CFR part 180 for tank trucks and
                                       49 CFR 173.31 for railcars; or
                                       have been demonstrated to be
                                       vapor-tight (i.e. will sustain a
                                       pressure change of not more than
                                       750 Pascals within 5 minutes
                                       after it is pressurized to a
                                       minimum or 4,500 Pascals) within
                                       the preceding 12 months.
5. equipment as    it contains or     control hydrogen fluoride
 defined under      contacts           emissions by using leakless pumps
 Sec.  63.1101      hydrogen           and by implementing a visual and
                    fluoride           olfactory leak detection and
                                       repair program as specified in
                                       Sec.  63.1004(d) of subpart TT of
                                       this part for visual and
                                       olfactory leak detection and Sec.
                                        63.1005 of subpart TT of this
                                       part for repair. An owner or
                                       operator is required to perform
                                       visual and olfactory leak
                                       detection inspections once every
                                       8 hours.
------------------------------------------------------------------------

    (d) Polycarbonate production applicability, definitions, and 
requirements.--(1) Applicability.--(i) Affected source. For the 
polycarbonates production (as defined in paragraph (d)(2) of this 
section) source category, the affected source shall comprise all 
emission points, in combination, listed in paragraphs (d)(1)(i)(A) 
through (d)(1)(i)(D) of this section, that are associated with a 
polycarbonate production process unit located at a major source as 
defined in section 112(a) of the Act. A polycarbonate production 
process unit, for the purposes of this rulemaking, is a unit that 
produces polycarbonates by interfacial polymerization from bisphenols 
and phosgene. Phosgene production units that are associated with 
polycarbonate production process units are considered to be part of the 
polycarbonate production process. Therefore, for the purposes of this 
proposed rulemaking, such phosgene production units are considered to 
be polycarbonate production process units.
    (A) All storage vessels that store liquids containing HAP.
    (B) All process vents from continuous and batch unit operations.
    (C) All wastewater treatment system units.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts HAP.
    (ii) The compliance schedule, for affected sources as defined in 
paragraph (d)(1)(i) of this section, is specified in Sec. 63.1102(a).
    (2) Definitions.
    Polycarbonates production means a process engaged in the production 
of a special class polyester formed from any dihydroxy compound and any 
carbonate diester or by ester exchange. Polycarbonates may be produced 
by solution or emulsion polymerization, although other methods may be 
used. A typical method for the manufacture of polycarbonates includes 
the reaction of bisphenol-A with phosgene in the presence of pyridine 
to form polycarbonate. Methylene chloride is used as a solvent in this 
polymerization reaction.
    (3) Requirements. Tables 5 and 6 specify the applicability criteria 
and standards for existing and new sources within the polycarbonates 
production source category. Applicability determination procedures and 
methods are specified in Secs. 63.1104 through 63.1107. General 
compliance, recordkeeping, and reporting requirements are specified in 
Secs. 63.1108 through 63.1112. Procedures for approval of alternative 
means of emission limitations are specified in Sec. 63.1113.

Table 5 to Sec.  63.1103--What Are My Requirements If I Own or Operate a
           Polycarbonates Production Existing Affected Source?
------------------------------------------------------------------------
  If you own or
  operate . . .       And if . . .            Then you must . . .
------------------------------------------------------------------------
1. a storage       the maximum true   reduce emissions of organic HAP by
 vessel with: 8     vapor pressure     95 weight-percent, or reduce TOC
 cubic meters       of organic HAP     to a concentration of 20 parts
                    is > 41.3          per million by volume, whichever
                    kilopascals        is less stringent, by venting
                                       emissions through a closed vent
                                       system to a control device
                                       meeting the requirements of 40
                                       CFR subpart SS (national emission
                                       standards for closed vent
                                       systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(a) of this part
-------------------------------------
                                                      or
a storage vessel   the maximum true   route emissions to a fuel gas
 with: 75 cubic     vapor pressure     system or process meeting the
 meters  capacity <      27.6   (national emission standards for
 151 cubic meters   kilopascals        closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(a) of this
                                       part
                                                      or
                                      comply with the requirements of 40
                                       CFR subpart WW (national emission
                                       standards for storage vessels
                                       (control level 2)) of this part.
------------------------------------------------------------------------

[[Page 55270]]

2. a storage       the maximum true   reduce emissions of organic HAP by
 vessel with: 151   vapor pressure     98 weight-percent, or reduce TOC
 cubic meters  capacity    5.2    per million by volume, whichever
                    kilopascals        is less stringent, by venting
                                       emissions through a closed vent
                                       system to a control device
                                       meeting the requirements of 40
                                       CFR subpart SS (national emission
                                       standards for closed vent
                                       systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(a) of this part
-------------------------------------
                                                      or
a storage vessel   the maximum true   route emissions to a fuel gas
 with: 8 cubic      vapor pressure     system or process meeting the
 meters  capacity        76.6   (national emission standards for
                    kilopascals        closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(a) of this
                                       part.
------------------------------------------------------------------------
3. a process vent  the vent stream    reduce emissions of organic HAP by
 from continuous    has a mass         using a flare,
 unit operations    emission rate of                  or
 (nonhalogenated)   halogen atoms     reduce emissions of organic HAP by
                    contained in       98 weight-percent, or reduce TOC
                    organic            to a concentration of 20 parts
                    compounds < 0.45   per million by volume, whichever
                    kilograms per      is less stringent, by venting
                    hour a,            emissions through a closed vent
                          and          system to any combination of
                   a TRE b  2.7            requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part;
                                                      or
                                      achieve and maintain a TRE index
                                       value greater than 2.7.
------------------------------------------------------------------------
a process vent     the vent stream    reduce emissions of organic HAP as
 from continuous    has a mass         specified for nonhalogenated
 unit operations    emission rate of   process vents from continuous
 (halogenated)      halogen atoms      unit operations (other than by
                    contained in       using a flare) and by venting
                    organic            emissions through a closed vent
                    compounds  0.45       device meeting the requirements
                    kilograms per      of 40 CFR subpart SS (national
                    hour a,            emission standards for closed
                          and          vent systems, control devices,
                   a TRE b 2.7         recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(b) of this part that
                                       reduces hydrogen halides and
                                       halogens by 99 weight-percent or
                                       to less than 0.45 kilograms per
                                       hour, whichever is less
                                       stringent;
                                                      or
                                      reduce the process vent halogen
                                       atom mass emission rate to less
                                       than 0.45 kilograms per hour by
                                       venting emissions through a
                                       closed vent system to a halogen
                                       reduction device meeting the
                                       requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part and then complying with the
                                       requirements specified for
                                       process vents from continuous
                                       unit operations (nonhalogenated).
------------------------------------------------------------------------
4. a process vent  2.7     monitor and keep records of
 from continuous    TRE b  4.0            specified to be monitored under
                                       40 CFR subpart SS (national
                                       emission standards for closed
                                       vent systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Secs.  63.990(c)(absorber
                                       monitoring), 63.991(c) (condenser
                                       monitoring), 63.992(c) (carbon
                                       adsorber monitoring), or
                                       63.995(c) (other noncombustion
                                       systems used as a control device
                                       monitoring) of this part.
------------------------------------------------------------------------
5. a process vent  annual emissions   reduce emissions of organic HAP
 from batch unit    of organic HAP     from the process vent from batch
 operations                 unit operations by using a flare
 (nonhalogenated)   11,800 kilogram    meeting the requirements of 40
  c                 HAP per year d,    CFR subpart SS (national emission
                          and          standards for closed vent
                   the calculated      systems, control devices,
                    cutoff flow rate   recovery devices, and routing to
                     the    a fuel gas system or a process),
                    annual average     Sec.  63.982(b) of this part,
                    flow rate of the                  or
                    streams e,        reduce emissions of organic HAP by
                          and          an aggregated 90 weight-percent
                   aggregated mass     or to a TOC concentration of 20
                    emission rate of   parts per million by volume per
                    halogen atoms      batch cycle, whichever is less
                    contained in       stringent, by venting emissions
                    organic            through a closed vent system to
                    compounds <        any combination of control
                    3,750 kilograms    devices meeting the requirements
                    per year e         of 40 CFR subpart SS (national
                                       emission standards for closed
                                       vent systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(b) of this part.
------------------------------------------------------------------------

[[Page 55271]]

6. a process vent  annual emissions   reduce emissions of HAP as
 from batch unit    of organic HAP     specified for nonhalogenated
 operations                 process vent from batch unit
 (halogenated) c    11,800 kilogram    operations (other than by using a
                    HAP per year d     flare) and by venting emissions
                          and          through a closed vent system to a
                   the calculated      halogen reduction device meeting
                    cutoff flow rate   the requirements of 40 CFR
                     the    subpart SS (national emission
                    annual average     standards for closed vent
                    flow rate of the   systems, control devices,
                    streams e          recovery devices, and routing to
                          and          a fuel gas system or a process),
                   aggregated mass     Sec.  63.982(b) of this part that
                    emissions rate     reduces hydrogen halides and
                    of halogen atoms   halogens by 99 weight percent, or
                    contained in       reduce the process vent halogen
                    organic            atom mass emission rate to less
                    compounds of  3,750      whichever is less stringent, by
                    kilograms per      venting emissions through a
                    year f             closed vent system to a halogen
                                       reduction device meeting the
                                       requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part and then complying with the
                                       requirements for process vents
                                       from batch unit operations
                                       (nonhalogenated).
------------------------------------------------------------------------
7. a wastewater    the wastewater     comply with the requirements of 40
 treatment system   stream has an      CFR subparts OO, VV, QQ, and RR
 unit               annual average     (national emission standards for
                    HAP                organic wastewater treatment
                    concentration      facilities) of this part.
                    
                    10,000 part per
                    million by
                    weight g
                           or
                   the wastewater
                    stream has an
                    annual average
                    HAP
                    concentration
                    
                    1,000 parts per
                    million by
                    weight g, and an
                    annual average
                    flowrate  10 liters
                    per minute h
------------------------------------------------------------------------
8. equipment as    the equipment      comply with the requirements of 40
 defined under      contains or        CFR subpart TT (national emission
 Sec.  63.1101      contacts  5 weight-      (control level 1)) or UU
                    percent HAP i,     (national emission standards for
                    and operates  300        2)) of this part.
                    hours per year
------------------------------------------------------------------------
a The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
b The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be done separately in this case.
c Process vents from batch unit operations that are manifolded with
  process vents from continuous unit operations are to be treated as a
  process vent from a continuous unit operation for purposes of
  applicability and control.
d The annual organic HAP emissions from process vents from batch unit
  operation is determined according to the procedures specified in Sec.
  63.1105(b).
e The determination of average flow rate and annual average flow rate is
  determined according to the procedures specified in Sec.  63.1105(d).
f The determination of halogenated emissions from batch unit operations
  is determined according to the procedures specified in Sec.
  63.1105(c).
g The annual average wastewater organic HAP concentration is determined
  according to the procedures specified in Sec.  63.1106(a) through (c).
h The annual wastewater average flowrate is determined according to
  procedures specified in Sec.  63.1106(d).
i The weight-percent HAP is determined for equipment according to
  procedures specified in Sec.  63.1107.


 Table 6 to Sec.  63.1103.--What Are My Requirements If I Own or Operate
            a Polycarbonates Production New Affected Source?
------------------------------------------------------------------------
  If you own or
  operate . . .       And if . . .            Then you must . . .
------------------------------------------------------------------------
1. a storage       the maximum true   reduce emissions of organic HAP by
 vessel with: 8     vapor pressure     95 weight-percent, or reduce TOC
 cubic meters  capacity    2.1    per million by volume, whichever
 < 151 cubic        kilopascals        is less stringent, by venting
 meters                                emissions through a closed vent
                                       system to a control device
                                       meeting the requirements of 40
                                       CFR subpart SS (national emission
                                       standards for closed vent
                                       systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(a) of this part
                                                      or
                                      route emissions to a fuel gas
                                       system meeting the requirements
                                       of 40 CFR subpart SS (national
                                       emission standards for closed
                                       vent systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(a) of this part
                                                      or
                                      comply with the requirements of 40
                                       CFR part 63 subpart WW (national
                                       emission standards for storage
                                       vessels (control level 2)) of
                                       this part.
------------------------------------------------------------------------

[[Page 55272]]

2. a storage       the vapor          reduce emissions of organic HAP by
 vessel with: 151   pressure of        98 weight-percent, or reduce TOC
 cubic meters <     stored material    to a concentration of 20 parts
 capacity           is                 per million by volume, whichever
                    5.2     is less stringent, by venting
                    kilopascals        emissions through a closed vent
                                       system to a control device
                                       meeting the requirements of 40
                                       CFR subpart SS (national emission
                                       standards for closed vent
                                       systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(b) of this part
-------------------------------------
                                                      or
a storage vessel   the vapor          route emissions to a fuel gas
 with: 38 cubic     pressure of        system or process meeting the
 meters             stored material    requirements of 40 CFR subpart SS
         is                 (national emission standards for
 capacity           76.6    closed vent systems, control
                    kilopascals        devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part.
------------------------------------------------------------------------
3. a process vent  the vent stream    reduce emissions of organic HAP by
 from continuous    has a mass         using a flare,
 unit operations    emission rate of                  or
 (nonhalogenated)   halogen atoms     reduce emissions of organic HAP by
                    contained in       98 weight-percent, or reduce TOC
                    organic            to a concentration of 20 parts
                    compounds < 0.45   per million by volume, whichever
                    kilograms per      is less stringent, by venting
                    hour a             emissions through a closed vent
                          and          system to any combination of
                   a TRE b  9.6            requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part;
                                                      or
                                      achieve and maintain a TRE index
                                       value greater than 9.6.
------------------------------------------------------------------------
a process vent     the vent stream    reduce emissions of organic HAP as
 from continuous    has a mass         specified for nonhalogenated
 unit operations    emission rate of   process vents from continuous
 (halogenated)      halogen atoms      unit operations (other than by
                    contained in       using a flare) and by venting
                    organic            emissions through a closed vent
                    compounds  0.45       device meeting the requirements
                    kilograms per      of 40 CFR subpart SS (national
                    hour a             emission standards for closed
                          and          vent systems, control devices,
                   a TRE b  9.6            a fuel gas system or a process),
                                       Sec.  63.982(b) of this part that
                                       reduces hydrogen halides and
                                       halogens by 99 weight-percent or
                                       to less than 0.45 kilograms per
                                       hour, whichever is less
                                       stringent;
                                                      or
                                      reduce the process vent halogen
                                       atom mass emission rate to less
                                       than 0.45 kilograms per hour by
                                       venting emissions through a
                                       closed vent system to a halogen
                                       reduction device meeting the
                                       requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part and then complying with the
                                       requirements specified for
                                       process vents from continuous
                                       unit operations (nonhalogenated).
------------------------------------------------------------------------
4. a process vent  annual emissions   reduce emissions of organic HAP
 from batch unit    of organic HAP     from the process vent from batch
 operations                 unit operations by using a flare
 (nonhalogenated)   11,800 kilogram    meeting the requirements of 40
  c                 per year d         CFR subpart SS (national emission
                          and          standards for closed vent
                   the calculated      systems, control devices,
                    cutoff flow rate   recovery devices, and routing to
                     the    a fuel gas system or a process),
                    annual average     Sec.  63.982(b) of this part,
                    flow ratee of                     or
                    the streams,      reduce emissions of organic HAP by
                          and          an aggregated 90 weight-percent
                   aggregated mass     or to a TOC concentration of 20
                    emission rate of   parts per million by volume per
                    halogen atoms      batch cycle, whichever is less
                    contained in       stringent, by venting emissions
                    organic            through a closed vent system to
                    compounds <        any combination of control
                    3,750 kilograms    devices meeting the requirements
                    per yearf          of 40 CFR subpart SS (national
                                       emission standards for closed
                                       vent systems, control devices,
                                       recovery devices, and routing to
                                       a fuel gas system or a process),
                                       Sec.  63.982(b) of this part.
------------------------------------------------------------------------

[[Page 55273]]

5. process vent    annual emissions   reduce emissions of organic HAP as
 from batch unit    of organic HAP     specified for nonhalogenated
 operations                 process vents from batch unit
 (halogenated) c    11,800 kilogram    operations (other than by using a
                    HAP per year,d     flare) and by venting emissions
                          and          through a closed vent system to a
                   the calculated      halogen reduction device meeting
                    cutoff flow rate   the requirements of 40 CFR
                     the    subpart SS (national emission
                    annual average     standards for closed vent
                    flow rate of the   systems, control devices,
                    streams,e          recovery devices, and routing to
                          and          a fuel gas system or a process),
                   aggregated mass     Sec.  63.982(b) of this part that
                    emissions of       reduces hydrogen halides and
                    halogen atoms      halogens by 99 weight percent,
                    contained in                      or
                    organic           reduce the process vent halogen
                    compounds  3,750      than 3,750 kilograms per year, by
                    kilograms per      venting emissions through a
                    year f             closed vent system to a halogen
                                       reduction device meeting the
                                       requirements of 40 CFR subpart SS
                                       (national emission standards for
                                       closed vent systems, control
                                       devices, recovery devices, and
                                       routing to a fuel gas system or a
                                       process), Sec.  63.982(b) of this
                                       part and then complying with the
                                       requirements for process vents
                                       from batch unit operations
                                       (nonhalogenated).
------------------------------------------------------------------------
7. a wastewater    the wastewater     comply with the requirements of 40
 treatment unit     stream has an      CFR subparts OO, VV, QQ, and RR
                    annual average     (national emission standards for
                    HAP                organic wastewater treatment
                    concentration      facilities) of this part.
                    
                    10,000 parts per
                    million by
                    weight g at any
                    flow rate
                           or
                   the wastewater
                    stream has an
                    annual average
                    HAP
                    concentration
                    
                    1,000 parts per
                    million by
                    weightg, and an
                    annual average
                    flowrate  10 liters
                    per minute h
------------------------------------------------------------------------
8. equipment as    the equipment      comply with the requirements of 40
 defined under      contains or        CFR subpart TT (national emission
 Sec.  63.1101      contacts  5 weight-      (control level 1)) or UU
                    percent HAPi,      (national emission standards for
                    and operates  300        2)) of this part.
                    hours per year
------------------------------------------------------------------------
a The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
b The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be done separately in this case.
c Process vents from batch unit operations that are manifolded with
  process vents from continuous unit operations are to be treated as a
  process vent from a continuous unit operation for purposes of
  applicability and control.
d The annual organic HAP emissions from process vents from batch unit
  operation is determined according to the procedures specified in Sec.
  63.1105(b).
e The determination of average flow rate and annual average flow rate is
  determined according to the procedures specified in Sec.  63.1105(d).
f The determination of halogenated emissions from batch unit operations
  is determined according to the procedures specified in Sec.
  63.1105(c).
g The annual average wastewater organic HAP concentration is determined
  according to the procedures specified in Sec.  63.1106(a) through (c).
h The annual wastewater average flowrate is determined according to
  procedures specified in Sec.  63.1106(d).

Sec. 63.1104  Process vents from continuous unit operations: 
applicability determination procedures and methods.

    (a) General. The provisions of this section provide calculation and 
measurement methods for parameters that are used to determine 
applicability of the requirements for process vents from continuous 
unit operations. The owner or operator of a process vent controlling 
emissions by venting emissions to a flare or by reducing emissions of 
organic HAP by a specified weight-percent or to a TOC concentration is 
not required to determine the TRE index value for the process vent. 
Section 63.1103 of this subpart directs the owner or operator to the 
emission point control and associated monitoring, recordkeeping and 
reporting requirements that apply.
    (b) Sampling sites. For purposes of determining process vent 
volumetric flow rate, regulated organic HAP concentration, total 
organic HAP or TOC concentration, heating value, or TRE index value, 
the sampling site shall be located after the last recovery device (if 
any recovery devices are present) but prior to the inlet of any control 
device that is present, and prior to release to the atmosphere.
    (1) Sampling site selection method. Method 1 or 1A of 40 CFR part 
60, appendix A, as appropriate, shall be used for selection of the 
sampling site. No traverse site selection method is needed for process 
vents smaller than 0.10 meter (0.33 foot) in nominal inside diameter.
    (2) Sampling site when a halogen reduction device is used prior to 
a combustion device. An owner or operator using a scrubber to reduce 
the process vent halogen atom mass emission rate to less than 0.45 
kilograms per hour (0.99 pound per hour) prior to a combustion control 
device in compliance with Sec. 63.1103 (as appropriate) shall determine 
the halogen atom mass emission rate prior to the combustor according to 
the procedures in paragraph (i) of this section.
    (c) Requirement applicability determination. The TOC or HAP 
concentrations, process vent volumetric

[[Page 55274]]

flow rates, process vent heating values, process vent TOC or HAP 
emission rates, halogenated process vent determinations, process vent 
TRE index values, and engineering assessment process vent control 
applicability determination requirements are to be determined during 
maximum representative operating conditions for the process, except as 
provided in paragraph (d) of this section, or unless the Administrator 
specifies or approves alternate operating conditions. Operations during 
periods of startup, shutdown, and malfunction shall not constitute 
representative conditions for the purpose of an applicability test.
    (d) Exceptions. (1) The owner or operator shall determine process 
vent requirement applicability based on periods of peak emission 
episode(s) for the combined stream.
    (2) The owner or operator must develop an emission profile for an 
applicable process vent, based on either process knowledge or test data 
collected, to demonstrate that control requirement applicability 
determination periods are representative of peak emission episodes for 
batch unit operations and maximum representative operating conditions 
for continuous unit operations. The emission profile must profile HAP 
loading rate versus time for all emission episodes contributing to the 
process vent stack for a period of time that is sufficient to include 
all continuous unit operations and batch cycles form batch unit 
operations venting to the stack. Examples of information that could 
constitute process knowledge include calculations based on material 
balances, and process stoichiometry. Previous test results may be used 
to develop an emission profile, provided the results are still 
representative of the current process vent stream conditions.
    (e) TOC or HAP concentration. The TOC or HAP concentrations, used 
for TRE index value calculations in paragraph (j) of this section, 
shall be determined based on paragraph (e)(1), (e)(2) or (k) of this 
section, or any other method or data that have been validated according 
to the protocol in method 301 of appendix A of part 63. For 
concentrations needed for comparison with the appropriate control 
applicability concentrations specified in Sec. 63.1103, TOC or HAP 
concentration shall be determined based on paragraph (e)(1), (e)(2), or 
(k) of this section or any other method or data that has been validated 
according to the protocol in method 301 of appendix A of part 63. The 
owner or operator shall record the TOC or HAP concentration as 
specified in paragraph.
    (1) Method 18. The procedures specified in paragraph (e)(1)(i) and 
(e)(1)(ii) of this section shall be used to calculate parts per million 
by volume concentration using method 18 of 40 CFR part 60, appendix A:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time, such as 15 minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
regulated organic HAP emissions shall be calculated according to 
paragraph (e)(1)(ii)(A) or (e)(1)(ii)(B) of this section (as 
applicable).
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.021

Where:

CTOC = Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
Cji = Concentration of sample component j of the sample i, 
dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

    (B) The regulated organic HAP or total organic HAP concentration 
(CHAP) shall be computed according to the equation in 
paragraph (e)(1)(ii)(A) of this section except that only the regulated 
or total organic HAP species shall be summed, as appropriate.
    (2) Method 25A. The procedures specified in paragraphs (e)(2)(i) 
through (e)(2)(vi) of this section shall be used to calculate parts per 
million by volume concentration using Method 25A of 40 CFR part 60, 
appendix A:
    (i) Method 25A of 40 CFR part 60, appendix A shall be used only if 
a single organic HAP compound greater than 50 percent of total organic 
HAP or TOC, by volume, in the process vent.
    (ii) The process vent composition may be determined by either 
process knowledge, test data collected using an appropriate 
Environmental Protection Agency method or a method or data validated 
according to the protocol in method 301 of appendix A of part 63. 
Examples of information that could constitute process knowledge include 
calculations based on material balances, process stoichiometry, or 
previous test results provided the results are still relevant to the 
current process vent conditions.
    (iii) The organic compound used as the calibration gas for Method 
25A of 40 CFR part 60, appendix A shall be the single organic HAP 
compound present at greater than 50 percent of the total organic HAP or 
TOC by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be equal to the appropriate control applicability concentration 
value specified in the applicable table(s) presented in Sec. 63.1103 of 
this subpart.
    (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A of 40 CFR 
part 60, appendix A is below one-half the appropriate control 
applicability concentration specified in the applicable table for a 
subject source category in Sec. 63.1103 in order to qualify for a low 
HAP concentration exclusion.
    (f) Volumetric flow rate. The process vent volumetric flow rate 
(QS), in standard cubic meters per minute at 20  deg.C, 
shall be determined as specified in paragraphs (f)(1) or (f)(2) of this 
section shall be recorded as specified in Sec. 63.1109.
    (1) Use Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as 
appropriate. If the process vent tested passes through a final steam 
jet ejector and is not condensed, the stream volumetric flow shall be 
corrected to 2.3 percent moisture; or
    (2) The engineering assessment procedures in paragraph (k) of this 
section can be used for determining volumetric flow rates.
    (g) Heating value. The net heating value shall be determined as 
specified in paragraphs (g)(1) and (g)(2) of this section, or by using 
the engineering assessment procedures in paragraph (k) of this section.
    (1) The net heating value of the process vent shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.022

Where:

HT = Net heating value of the sample, megaJoule per standard 
cubic

[[Page 55275]]

meter, where the net enthalpy per mole of process vent is based on 
combustion at 25  deg.C and 760 millimeters of mercury, but the 
standard temperature for determining the volume corresponding to 1 mole 
is 20  deg.C, as in the definition of Qs (process vent 
volumetric flow rate).
K1 = Constant, 1.740 x 10-7 (parts per 
million)-1(gram-mole per standard cubic meter) (megaJoule 
per kilocalorie), where standard temperature for (gram-mole per 
standard cubic meter) is 20  deg.C.
Dj = Concentration on a wet basis of compound j in parts per 
million, as measured by procedures indicated in paragraph (e)(2) of 
this section. For process vents that pass through a final stream jet 
and are not condensed, the moisture is assumed to be 2.3 percent by 
volume.
Hj = Net heat of combustion of compound j, kilocalorie per 
gram-mole, based on combustion at 25  deg.C and 760 millimeters 
mercury. The heats of combustion of process vent components shall be 
determined using American Society for Testing and Materials D2382-76 if 
published values are not available or cannot be calculated.

    (2) The molar composition of the process vent (Dj) shall 
be determined using the methods specified in paragraphs (g)(2)(i) 
through (g)(2)(iii) of this section:
    (i) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials D1946-77 to measure 
the concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of 40 CFR part 60, appendix A to measure the 
moisture content of the stack gas.
    (h) TOC or HAP emission rate. The emission rate of TOC (minus 
methane and ethane) (ETOC) and the emission rate of the 
regulated organic HAP or total organic HAP (EHAP) in the 
process vent, as required by the TRE index value equation specified in 
paragraph (j) of this section, shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TP14OC98.023

Where:

E=Emission rate of TOC (minus methane and ethane) (ETOC) or 
emission rate of the regulated organic HAP or total organic HAP 
(EHAP) in the sample, kilograms per hour.
K2=Constant, 2.494  x  10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minutes/hour), where standard temperature for (gram-mole per 
standard cubic meter) is 20  deg.C.
n=Number of components in the sample.
Cj=Concentration on a dry basis of organic compound j in 
parts per million as measured by method 18 of 40 CFR part 60, appendix 
A as indicated in paragraph (e) of this section. If the TOC emission 
rate is being calculated, Cj includes all organic compounds 
measured minus methane and ethane; if the total organic HAP emission 
rate is being calculated, only organic HAP compounds are included; if 
the regulated organic HAP emission rate is being calculated, only 
regulated organic HAP compounds are included.
Mj=Molecular weight of organic compound j, gram/gram-mole.
Qs=Process vent flow rate, dry standard cubic meter per 
minute, at a temperature of 20  deg.C.

    (i) Halogenated process vent determination. In order to determine 
whether a process vent is halogenated, the mass emission rate of 
halogen atoms contained in organic compounds shall be calculated 
according to the procedures specified in paragraphs (i)(1) and (i)(2) 
of this section. A process vent is considered halogenated if the mass 
emission rate of halogen atoms contained in the organic compounds is 
equal to or greater than 0.45 kilograms per hour.
    (1) The process vent concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on one of the procedures specified in 
paragraphs (i)(1)(i) through (i)(1)(iv) of this section:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the process vent, or
    (ii) Applicable engineering assessment as discussed in paragraph 
(k) of this section, or
    (iii) Concentration of organic compounds containing halogens 
measured by method 18 of 40 CFR part 60, appendix A, or
    (iv) Any other method or data that have been validated according to 
the applicable procedures in method 301 of appendix A of this part.
    (2) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TP14OC98.024

Where:

E=mass of halogen atoms, dry basis, kilogram per hour,
K2=Constant, 2.494 x 10-6 (parts per 
million)-1 (kilogram-mole per standard cubic meter) (minute 
per hour), where standard temperature is 20  deg.C.
Q=Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to paragraph (f)(1) or (f)(2) of this section.
n=Number of halogenated compounds j in the gas stream.
j=Halogenated compound j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.
i=Halogen atom i in compound j of the gas stream.
Cj=Concentration of halogenated compound j in the gas 
stream, dry basis, parts per million by volume.
Lji=Number of atoms of halogen i in compound j of the gas 
stream.
Mji=Molecular weight of halogen atom i in compound j of the 
gas stream, kilogram per kilogram-mole.

    (j) TRE index value. The owner or operator shall calculate the TRE 
index value of the process vent using the equations and procedures in 
this paragraph, as applicable, and shall maintain records specified in 
paragraph or, as applicable.
    (1) TRE index value equation. The equation for calculating the TRE 
index value is as follows:
[GRAPHIC] [TIFF OMITTED] TP14OC98.025

Where:

TRE = TRE index value.
A, B, C, D=Parameters presented in table 8 of this subpart. The 
parameters in the table include the following variables:

[[Page 55276]]

EHAP=Emission rate of total organic HAP, kilograms per hour, 
as calculated according to paragraph (h) or (k) of this section.
Qs=process vent flow rate, standard cubic meters per minute, 
at a standard temperature of 20  deg.C, as calculated according to 
paragraph (f) or (k) of this section.
HT=process vent net heating value, megaJoules per standard 
cubic meter, as calculated according to paragraph (g) or (k) of this 
section.
ETOC=Emission rate of TOC (minus methane and ethane), 
kilograms per hour, as calculated according to paragraph (h) or (k) of 
this section.

                                     Table 8.--TRE Index Value Parameters a
----------------------------------------------------------------------------------------------------------------
                                      Halogenated vent
         Existing or new?                  stream?              A             B             C             D
----------------------------------------------------------------------------------------------------------------
Existing..........................  Yes.................        3.995        0.05200     -0.001769     0.0009700
                                    No..................        1.935        0.3660      -0.007687    -0.000733
                                                                1.492        0.06267      0.03177     -0.001159
                                                                2.519        0.01183      0.01300      0.04790
New...............................  Yes.................        1.0895       0.01417     -0.000482     0.0002645
                                    No..................        0.5276       0.0998      -0.002096    -0.0002000
                                                                0.4068       0.0171       0.008664    -0.000316
                                                                0.6868       0.00321      0.003546     0.01306
----------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in this section.
 AAAAMJ/scm=Mega Joules per standard cubic meter
 AAAAscm/min = Standard cubic meters per minute

    (2) Nonhalogenated process vents. The owner or operator of a 
nonhalogenated process vent shall calculate the TRE index value by 
using the equation and appropriate nonhalogenated process vent 
parameters in table 8 of this section for process vents at existing and 
new sources. The lowest TRE index value is to be selected.
    (3) Halogenated process vents. The owner or operator of a 
halogenated process vent stream, as determined according to procedures 
specified in paragraph (i) or (k) of this section, shall calculate the 
TRE index value using the appropriate halogenated process vent 
parameters in table 8 of this section for existing and new sources.
    (k) Engineering assessment. For purposes of TRE index value 
determination, engineering assessment may be used to determine process 
vent flow rate, net heating value, TOC emission rate, and total organic 
HAP emission rate for the representative operating condition expected 
to yield the lowest TRE index value. Engineering assessments shall meet 
the requirements of paragraphs (k)(1) through (k)(4) of this section. 
If process vent flow rate or process vent organic HAP or TOC 
concentration is being determined for comparison with the 0.011 scmm 
flow rate or the applicable concentration value presented in the tables 
in Sec. 63.1103, engineering assessment may be used to determine the 
flow rate or concentration for the representative operating condition 
expected to yield the highest flow rate or concentration.
    (1) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is greater than 4.0, then the owner or operator is not required 
to perform the measurements specified in paragraphs (e) through (i) of 
this section.
    (2) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is less than or equal to 4.0, then the owner or operator is 
required either to perform the measurements specified in paragraphs (e) 
through (i) of this section for control applicability determination or 
comply with the requirements (or standards) specified in the tables 
presented in Sec. 63.1103 (as applicable).
    (3) Engineering assessment includes, but is not limited to, the 
examples specified in paragraphs (k)(3)(i) through (k)(3)(iv):
    (i) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Maximum flow rate, TOC emission rate, organic HAP emission 
rate, organic HAP or TOC concentration, or net heating value limit 
specified or implied within a permit limit applicable to the process 
vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to those specified in paragraphs (k)(3)(iv)(A) through 
(k)(3)(iv)(D) of this section:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC or organic HAP concentrations,
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (C) Estimation of TOC or organic HAP concentrations based on 
saturation conditions, and
    (D) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound or, alternatively, as if 
all TOC in the stream were the compound with the highest heating value.
    (4) All data, assumptions, and procedures used in the engineering 
assessment shall be documented. The owner or operator shall maintain 
the records specified in paragraphs (l)(1) through (l)(4) of this 
section, as applicable.
    (l) Applicability determination recordkeeping requirements.--(1) 
TRE index value records. The owner or operator shall maintain records 
of measurements, engineering assessments, and calculations performed to 
determine the TRE index value of the process vent according to the 
procedures of paragraph (j) of this section, including those records 
associated with halogen vent stream determination. Documentation of 
engineering assessments shall include all data, assumptions, and 
procedures used for the engineering assessments, as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Initial Compliance Status Report.
    (2) Flow rate records. The owner or operator shall record the flow 
rate as measured using the sampling site and flow rate determination 
procedures (if applicable) specified in paragraphs (b) and (f) of this 
section or determined through engineering assessment as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall

[[Page 55277]]

include this information in the Initial Compliance Status Report.
    (3) Concentration records. The owner or operator shall record the 
regulated organic HAP or TOC concentration (if applicable) as measured 
using the sampling site and regulated organic HAP or TOC concentration 
determination procedures specified in paragraphs (e)(1) and (e)(2) of 
this section, or determined through engineering assessment as specified 
in paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Initial Compliance Status Report.
    (4) Process change records. The owner or operator shall keep up-to-
date, readily accessible records of any process changes that change the 
control applicability for a process vent. Records are to include any 
recalculation or measurement of the flow rate, regulated organic HAP or 
TOC concentration, and TRE index value.
    (m) Applicability determination reporting requirements.--(1) 
Initial compliance status report. The owner or operator shall submit, 
as part of the Initial Compliance Status Report specified in 
Sec. 63.1110, the information recorded in paragraph (m)(2) or (m)(3) of 
this section.
    (2) Process change. (i) Whenever a process vent becomes subject to 
control requirements under subpart SS of this part as a result of a 
process change, the owner or operator shall submit a report within 60 
days after the performance test or applicability determination, 
whichever is sooner. The report may be submitted as part of the next 
Periodic Report. The report shall include the information specified in 
paragraphs (m)(2)(i)(A) through (m)(2)(i)(C) of this section.
    (A) A description of the process change;
    (B) The results of the recalculation of the flow rate, organic HAP 
or TOC concentration, and/or TRE index value required under paragraphs 
(e), (f), and (j), and recorded under paragraph (l); and
    (C) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.1103 by the schedules specified in 
that section for the affected source.
    (ii) If a performance test is required as a result of a process 
change, the owner or operator shall specify that the performance test 
has become necessary due to a process change. This specification shall 
be made in the notification to the Administrator of the intent to 
conduct a performance test.
    (iii) If a process change does not result in the need for 
additional requirements then the owner or operator shall include a 
statement documenting this in the next Periodic Report (as provided for 
in Sec. 63.1110 of this subpart) after the process change was made.
    (iv) Parameter monitoring. An owner or operator that maintains a 
TRE index value (if applicable) greater than the value specified in an 
applicable table presented in Sec. 63.1103 of this subpart without 
using a recovery device shall report a description of the parameter(s) 
to be monitored to ensure pollution prevention measure is operated in 
conformance with its design or process and achieves and maintains the 
TRE index value above the specified level, and an explanation of the 
criteria used to select parameter(s). An owner or operator that 
maintains a TRE index value (if applicable) greater than the value 
specified in an applicable table presented in Sec. 63.1104 of this 
subpart by using a recovery device shall comply with the requirements 
of Sec. 63.993(c) of subpart SS. A pollution prevention measure is any 
practice that meets the criteria of paragraphs (m)(2)(iv)(A) and 
(m)(2)(iv)(B) of this section.
    (A) A pollution prevention measure is any practice that results in 
a lesser quantity of regulated 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.
    (B) Pollution prevention measures may include: substitution of 
feedstocks that reduce regulated 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.


Sec. 63.1105  Process vents from batch unit operations: applicability 
determination procedures and methods.

    (a) General. The provisions of this section provide calculation and 
measurement methods for parameters that are used to determine 
applicability of the requirements for process vents for batch unit 
operations. Section 63.1103 directs the owner or operator to the 
specific control requirements and associated monitoring, recordkeeping 
and reporting requirements that apply.
    (b) Annual organic HAP emissions from process vents from batch unit 
operations. An owner or operator shall calculate the annual regulated 
HAP emissions from all process vents from batch unit operations for a 
process unit by following the procedures specified in paragraphs (b)(1) 
and (b)(2) of this section.
    (1) Batch cycle emissions. The uncontrolled regulated organic HAP 
emissions from an individual batch cycle for each process vent from a 
batch unit operation shall be determined using the procedures in 
Sec. 63.488 (b)(1) through (b)(7) of subpart U.
    (2) Determination of annual emissions. The annual regulated organic 
HAP emissions from each process vent from a batch unit operation shall 
be determined using the procedures in Sec. 63.448(b)(8) of subpart U. 
The owner or operator shall determine, for each applicable production 
process unit, the sum of annual regulated HAP emissions from all 
process vents from batch unit by summing the annual regulated organic 
HAP emissions from all individual process vents from batch unit 
operations in an applicable production process unit to obtain the total 
annual regulated organic HAP emissions from the process vents from 
batch unit operations.
    (c) Halogenated emissions from batch unit operations. In order to 
determine whether a batch process vent or an aggregate batch vent 
stream is halogenated, the annual mass emission rate of halogen atoms 
contained in organic compounds shall be calculated using the procedures 
specified in paragraphs (c)(1) through (c)(3) of this section.
    (1) The concentration of each organic compound containing halogen 
atoms (parts per million by volume, by compound) for each batch 
emission episode shall be determined based on one of the procedures 
specified in paragraphs (c)(1)(i) through (c)(1)(iv) of this section:
    (i) Process knowledge that no halogens or hydrogen halides are 
present in the process may be used to demonstrate that a batch emission 
episode is nonhalogenated. Halogens or hydrogen halides that are 
unintentionally introduced into the process shall not be considered in 
making a finding that a batch emission episode is nonhalogenated.
    (ii) Engineering assessment as discussed in Sec. 63.1104(k).
    (iii) Concentration of organic compounds containing halogens and 
hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, 
appendix A.
    (iv) Any other method or data that has been validated according to 
the applicable procedures in Method 301, 40 CFR part 63, appendix A.

[[Page 55278]]

    (2) The mass of halogen atoms for a batch process vent shall be 
calculated using Equation 6.
[GRAPHIC] [TIFF OMITTED] TP14OC98.026

Where:

Ehalogen = Mass of halogen atoms, dry basis, kilograms per 
year.
K = Constant, 0.022 (parts per million by volume)-1 
(kilogram-mole per scm) (minutes per year), where standard temperature 
is 20 deg.C.
AFR = Annual average batch vent flow rate of the batch process vent, 
determined according to paragraph (d) of this section, scmm.
Mj,i = Molecular weight of halogen atom i in compound j, 
kilogram per kilogram-mole.
Lj,i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch process vent.
m = Number of different halogens i in each compound j of the batch 
process vent.
Cavgj = Annual average batch vent concentration of 
halogenated compound j in the batch process vent, as determined by 
using Equation 7, dry basis, parts per million by volume.
[GRAPHIC] [TIFF OMITTED] TP14OC98.027

Where:

DURi = Duration of type i batch emission episodes annually, 
hours per year.
Ci = Average batch vent concentration of halogenated 
compound j in type i batch emission episode, parts per million by 
volume.
n = Number of types of batch emission episodes venting from the batch 
process vent.

    (3) The annual mass emissions of halogen atoms for an aggregate 
batch vent stream shall be the sum of the annual mass emissions of 
halogen atoms for all batch process vents included in the aggregate 
batch vent stream.
    (d) Determination of average flow rate and annual average flow 
rate. The owner or operator shall determine, for each applicable 
production process unit, the total annual average flow rate for all 
process vents from batch unit operations in accordance with (d)(1) and 
(d)(2) of this section.
    (1) The annual average flow rate for each process vent from a batch 
unit operation shall be determined using the procedures in 
Sec. 63.488(e) of subpart U.
    (2) The owner or operator shall sum the annual average flow rates 
from the individual process vents from batch unit operations in an 
applicable production process unit, determined in accordance with 
paragraph (d)(1) of this section, to obtain the total annual average 
flow rate for all process vents from batch unit operations for the 
applicable production process unit.
    (e) Determination of cutoff flow rate. For each applicable 
production process unit at an affected source, the owner or operator 
shall calculate the cutoff flow rate using Equation 8.
[GRAPHIC] [TIFF OMITTED] TP14OC98.028

Where:

CFR = Cutoff flow rate, standard cubic meters per minute.
AE = Annual TOC or regulated organic HAP emissions from all process 
vents from batch unit operations in an applicable process unit, as 
determined in paragraph (b)(2) of this section, kilograms per year.


Sec. 63.1106  Wastewater treatment system units: applicability 
determination procedures and methods.

    (a) Knowledge of the wastewater. The owner or operator shall 
provide sufficient information to document the total organic HAP 
average concentration for regulated organic HAP. Examples of 
information that could constitute knowledge include material balances, 
records of chemical purchases, process stoichiometry, or previous test 
results provided the results are still representative of current 
operating practices at the process unit(s). If test data are used, then 
the owner or operator shall provide documentation describing the 
testing protocol and the means by which sampling variability and 
analytical variability were accounted for in the determination of the 
total organic HAP average concentration of HAP. The owner or operator 
shall document how process knowledge is used to determine the total 
organic HAP average concentration of regulated organic HAP if it is 
determined that the wastewater stream is not subject to emission 
control requirements under this subpart due to regulated organic HAP 
concentration.
    (b) Bench-scale or pilot-scale test data. The owner or operator 
shall provide sufficient information to demonstrate that the bench-
scale or pilot-scale test concentration data are representative of the 
actual total organic HAP average concentration of regulated organic 
HAP. The owner or operator shall also provide documentation describing 
the testing protocol, and the means by which sampling variability and 
analytical variability were accounted for in the determination of total 
organic HAP average concentration or average organic HAP concentration 
of each individually speciated regulated organic HAP for the wastewater 
stream.
    (c) Total organic HAP average concentration or average organic HAP 
concentration. Each wastewater stream shall be analyzed using one of 
the following test methods for determining the total organic HAP 
average concentration or average organic HAP concentration of each 
regulated organic HAP.
    (1) Use procedures specified in Method 305 of 40 CFR part 63, 
appendix A.
    (i) Equation 9 shall be used to calculate the organic HAP 
concentration of a regulated organic HAP under this subpart:
[GRAPHIC] [TIFF OMITTED] TP14OC98.029


[[Page 55279]]


Where:

Ci = organic HAP concentration of the regulated organic HAP 
in the wastewater, parts per million by weight.
CC = Concentration of the regulated organic HAP (i) in the 
gas stream, as measured by Method 305 of appendix A of this part, parts 
per million by volume on a dry basis.
MS = Mass of sample, from Method 305 of appendix A of this 
part, milligrams.
MW = Molecular weight of the organic HAP (i), grams per gram-mole.
24.055 = Ideal gas molar volume at 293 oKelvin and 760 
millimeters of mercury, liters per gram-mole.
Pi = Barometric pressure at the time of sample analysis, millimeters 
mercury absolute.
760 = Reference or standard pressure, millimeters mercury absolute.
293 = Reference or standard temperature, oKelvin.
Ti = Sample gas temperature at the time of sample analysis, 
deg.Kelvin.
t = Actual purge time, from Method 305 of appendix A of this part, 
minutes.
L = Actual purge rate, from Method 305 of appendix A of this part, 
liters per minute.
103 = Conversion factor, milligrams per gram.

    (ii) Total organic HAP concentration (stream) can be determined by 
summing the organic HAP concentrations of all regulated organic HAP's 
in the wastewater as illustrated by Equation 10.
[GRAPHIC] [TIFF OMITTED] TP14OC98.030

Where:

Cstream = Total organic HAP concentration of wastewater 
stream.
i = Number of organic HAP's in the wastewater stream.
Ci = organic HAP concentration of individual organic HAP (i) 
calculated according to the procedures in paragraph (c)(1)(i) of this 
section.

    (iii) The calculations in paragraph (c)(1)(i), and where 
applicable, (c)(1)(ii) of this section shall be performed for a minimum 
of three samples from each wastewater stream which are representative 
of normal flow and concentration conditions. 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 prior to sampling.
    (iv) If the wastewater stream has a steady flow rate throughout the 
year, the total organic HAP average concentration for regulated organic 
HAP under this subpart of the wastewater stream shall be calculated by 
averaging the values calculated in paragraph (c)(1)(ii) for the 
individual samples as illustrated by Equation 11.
[GRAPHIC] [TIFF OMITTED] TP14OC98.031

Where:

Cstream, avg = total organic HAP average concentration for 
regulated organic HAP.
    Cstream, j=total organic HAP concentration of wastewater 
stream as measured in sample (j), calculated according to the 
procedures in paragraph (c)(1)(ii) of this section.

    (v) The average organic HAP concentration for each regulated 
organic HAP shall be calculated by averaging the values calculated in 
paragraph (c)(1)(i) of this section for the individual samples as 
illustrated by Equation 12.
[GRAPHIC] [TIFF OMITTED] TP14OC98.032

Where:

Ci, avg=average organic HAP concentration for each regulated 
organic HAP under this subpart
j=number of samples
Ci, j=organic HAP concentration of an individual organic HAP 
(i) as measured in sample (j).

    (d) Annual average wastewater flow rate. An owner or operator shall 
determine the annual average wastewater flow rate either at the point 
of generation for each wastewater stream, as specified in paragraph 
(d)(1) of this section, or downstream of the point(s) of generation for 
a single wastewater stream or a mixture of wastewater streams as 
specified in paragraph (d)(2) of this section.
    (1) An owner or operator who elects to determine the annual average 
wastewater flow rate at the point of generation shall comply with 
paragraph (d)(3), (d)(4), or (d)(5) of this section.
    (2) An owner or operator who elects to determine the annual average 
wastewater flow rate downstream of the point of generation shall comply 
with paragraph (d)(3), (d)(4), or (d)(5) of this section and with 
paragraph (d)(6) of this section.
    (3) Use the maximum annual average production capacity of the 
process unit, knowledge of the process, and mass balance information to 
either: estimate directly the annual average wastewater flow rate; or 
estimate the total annual wastewater volume and then divide total 
volume by 525,600 minutes in a year. If knowledge of the process is 
used to determine the annual average flow rate for a wastewater stream 
and it is determined that the wastewater stream is not subject to 
control requirements, the owner or operator shall document how process 
knowledge is used to determine annual average flow rate.
    (4) Select the highest annual average flow rate of wastewater from 
historical records representing the most recent 5 years of operation 
or, if the process unit has been in service for less than 5 years but 
at least 1 year, from historical records representing the total 
operating life of the process unit.
    (5) Measure the flow rate of the wastewater for the point of 
generation during conditions that are

[[Page 55280]]

representative of average wastewater generation rates.
    (6) When the average wastewater flow rate is determined downstream 
of the point of generation at a location where two or more wastewater 
streams have been mixed, or one or more wastewater streams have been 
treated or organic HAP losses to the atmosphere have occurred, the 
owner or operator shall make corrections for such changes in average 
wastewater flow rate when calculating to represent the average 
wastewater flow rate at the point of generation.


Sec. 63.1107  Equipment leaks: applicability determination procedures 
and methods.

    (a) Each piece of equipment within a process unit that can 
reasonably be expected to contain equipment in organic HAP service is 
presumed to be in organic HAP service unless an owner or operator 
demonstrates that the piece of equipment is not in organic HAP service. 
For a piece of equipment to be considered not in organic HAP service, 
it must be determined that the percent organic HAP content can be 
reasonably expected not to exceed the percent by weight control 
applicability criteria specified in Sec. 63.1103 for an affected source 
on an annual average basis. For purposes of determining the percent 
organic HAP content of the process fluid that is contained in or 
contacts equipment, Method 18 of 40 CFR part 60, appendix A shall be 
used.
    (b) An owner or operator may use good engineering judgment rather 
than the procedures in paragraph (a) of this section to determine that 
the percent organic HAP content does not exceed the percent by weight 
control applicability criteria specified in Sec. 63.1103 for an 
affected source. When an owner or operator and the Administrator do not 
agree on whether a piece of equipment is not in organic HAP service, 
however, the procedures in paragraph (a) of this section shall be used 
to resolve the disagreement.
    (c) If an owner or operator determines that a piece of equipment is 
in organic HAP service, the determination can be revised after 
following the procedures in paragraph (a) of this section, or by 
documenting that a change in the process or raw materials no longer 
causes the equipment to be in organic HAP service.
    (d) Samples used in determining the percent organic HAP content 
shall be representative of the process fluid that is contained in or 
contacts the equipment.


Sec. 63.1108  Compliance with standards and operation and maintenance 
requirements.

    (a) Requirements. (1) Except as provided in paragraph (a)(2) of 
this section, the standards and established parameter ranges of this 
part shall apply at all times except during periods of startup, 
shutdown, malfunction, or non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. However, if a start-up, shutdown, 
malfunction or period of non-operation of one portion of an affected 
source does not affect the ability of a particular emission point to 
comply with the specific provisions to which it is subject, then that 
emission point shall still be required to comply with the applicable 
provisions of this subpart and any of the subparts that are referenced 
by this subpart during startup, shutdown, malfunction, or period of 
non-operation.
    (2) If equipment leak requirements are referenced by this subpart 
for a subject source category, such requirements shall apply at all 
times except during periods of startup, shutdown, or malfunction, 
process unit shutdown (as defined in Sec. 63.1101), or nonoperation of 
the affected source (or specific portion thereof) in which the lines 
are drained and depressurized resulting in cessation of the emissions 
to which the equipment leak requirements apply.
    (3) For batch unit operations, shutdown does not include the normal 
periods between batch cycles; and start-up does not include the 
recharging of batch unit operations, or the transitional conditions due 
to changes in product.
    (4) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with requirements of this 
subpart and any of the subparts that are referenced by this subpart 
during periods of startup, shutdown, or malfunction when emissions are 
being routed to such items of equipment if the shutdown would 
contravene requirements of this subpart to such items of equipment. The 
owner or operator shall not shut down CPMS during times when emissions 
are being routed to the equipment that they are monitoring. This 
paragraph does not apply if the item of equipment is malfunctioning. 
This paragraph does not apply if the owner or operator shuts down the 
compliance equipment (other than monitoring systems) to avoid damage 
due to contemporaneous startup, shutdown, or malfunction of the 
affected source or portion thereof. If the owner or operator has reason 
to believe that monitoring equipment would be damaged due to a 
contemporaneous start-up, shutdown, or malfunction of the affected 
source or portion thereof, the owner or operator shall provide 
documentation supporting such a claim. Once approved by the 
Administrator, the provision for ceasing to collect, during a startup, 
shutdown, or malfunction, monitoring data that would otherwise be 
required by the provisions of this subpart must be incorporated into 
the start-up, shutdown, malfunction plan for that affected source.
    (5) During startups, shutdowns, and malfunctions when the standards 
of this subpart and the subparts referenced by this subpart do not 
apply pursuant to paragraphs (a)(1) through (a)(4) of this section, the 
owner or operator shall implement, to the extent reasonably available, 
measures to prevent or minimize excess emissions. For purposes of this 
paragraph, the term ``excess emissions'' means emissions in excess of 
those that would have occurred if there were no start-up, shutdown, or 
malfunction and the owner or operator complied with the relevant 
provisions of this subpart and the subparts referenced by this subpart. 
The measures to be taken shall be identified in the start-up, shut 
down, and malfunction plan (if applicable), and may include, but are 
not limited to, air pollution control technologies, recovery 
technologies, work practices, pollution prevention, monitoring, and/or 
changes in the manner of operation of the affected source. Back-up 
control devices are not required, but may be used if available.
    (6) Malfunctions shall be corrected as soon as practical after 
their occurrence and/or in accordance with the source's startup, 
shutdown, and malfunction plan developed as specified under 
Sec. 63.1111.
    (7) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable, independent of emissions 
limitations or other requirements in relevant standards.
    (b) Compliance determination procedures.--(1) Parameter monitoring: 
compliance with operating conditions. Compliance with the required 
operating conditions for the monitored control devices or recovery 
devices may be determined by, but is not limited to, the parameter 
monitoring data for emission points that are required to perform 
continuous monitoring. For each excursion except for excused 
excursions, and as provided for in paragraph (b)(4) of this section the 
owner or operator shall be deemed to have failed to have applied the 
control in a manner that achieves the required operating conditions.

[[Page 55281]]

    (2) Parameter monitoring: excursions. An excursion is not a 
violation and in cases where continuous monitoring is required the 
excursion does not count toward the number of excused excursions, if 
the conditions of paragraphs (b)(2)(i) or (b)(2)(ii) of this section 
are met. Nothing in this paragraph shall be construed to allow or 
excuse a monitoring parameter excursion caused by any activity that 
violates other applicable provisions of this subpart or a subpart 
referenced by this subpart.
    (i) During periods of startup, shutdown, or malfunction [and the 
source is operated during such periods in accordance with the source's 
startup, shutdown, and malfunction plan as required by Sec. 63.1111], a 
monitored parameter is outside its established range or monitoring data 
cannot be collected, or
    (ii) During periods of nonoperation of the affected source or 
portion thereof (resulting in cessation of the emissions to which the 
monitoring applies.
    (3) Operation and maintenance procedures. Determination of whether 
acceptable operation and maintenance procedures are being used will be 
based on information available to the Administrator. This information 
may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures (including the startup, shutdown, 
and malfunction plan under Sec. 63.1111), review of operation and 
maintenance records, and inspection of the affected source and 
alternatives approved as specified in Sec. 63.1113.
    (4) Applicability and compliance determination. Applicability and 
compliance with standards shall be governed, in part, but not limited 
to, the use of data, tests, and requirements according to paragraphs 
(b)(4)(i) through (b)(4)(iii). Compliance with design, equipment, work 
practice, and operating standards, including those for equipment leaks, 
shall be determined according to paragraph (a)(3) of this section.
    (i) Applicability determinations. Unless otherwise specified in a 
relevant test method required to determine control applicability, each 
test shall consist of three separate runs using the applicable test 
method. Each run shall be conducted for the time and under the 
conditions specified in this subpart. The arithmetic mean of the 
results of the three runs shall apply when determining applicability. 
Upon receiving approval from the Administrator, results of a test run 
may be replaced with results of an additional test run if it meets the 
criteria specified in paragraphs (a)(4)(i)(A) through (a)(4)(i)(D).
    (A) A sample is accidentally lost after the testing team leaves the 
site; or
    (B) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (C) Extreme meteorological conditions occur;
    (D) Other circumstances occur that are beyond the owner or 
operator's control.
    (ii) Performance test. The Administrator may determine compliance 
with emission limitations of this subpart based on, but is not limited 
to, the results of performance tests conducted according to the 
procedures specified in subpart SS of this part, unless otherwise 
specified in this subpart or a subpart referenced by this subpart.
    (iii) Operation and maintenance requirements. The Administrator may 
determine compliance with the operation and maintenance standards of 
this subpart by, but is not limited to, evaluation of an owner or 
operator's conformance with operation and maintenance requirements, 
including the evaluation of monitoring data, as specified in this 
subpart or a subpart referenced by this subpart.
    (5) Design, equipment, work practice, or operational standards. The 
Administrator may determine compliance with design, equipment, work 
practice, or operational requirements by, but is not limited to, review 
of records, inspection of the affected source, and by evaluation of an 
owner or operator's conformance with operation and maintenance 
requirements as specified in this subpart, and in the subparts 
referenced by this subpart.
    (c) Finding of compliance. The Administrator may make a finding 
concerning an affected source's compliance with an emission standard or 
operating and maintenance requirement as specified in, but not limited 
to, paragraphs (a) and (b) of this section, upon obtaining all of the 
compliance information required by the relevant standard (including the 
written reports of performance test results, monitoring results, and 
other information, if applicable) and any information available to the 
Administrator to determine whether proper operation and maintenance 
practices are being used. Standards in this subpart and methods of 
determining compliance are in metric units followed by the equivalents 
in English units. The Administrator will make findings of compliance 
with the numerical standards of this subpart using metric units.
    (d) Compliance time. All terms that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, 
annually), unless specified otherwise in the section or subsection that 
imposes the requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified for completion of 
required tasks, time periods may be changed by mutual agreement between 
the owner or operator and the Administrator, as specified in 
Sec. 63.1110(h). For each time period that is changed by agreement, the 
revised period shall remain in effect until it is changed. A new 
request is not necessary for each recurring period.
    (2) When the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of 
the period, compliance shall be required according to the schedule 
specified in paragraph (d)(2)(i) or (d)(2)(ii) of this section, as 
appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at 
least 2 weeks for tasks that must be performed monthly, at least 1 
month for tasks that must be performed each quarter, or at least 3 
months for tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the 
end of the first full standard calendar period after the period within 
which the initial compliance deadline occurs.
    (3) In all instances where a provision requires completion of a 
task during each of multiple successive periods, an owner or operator 
may perform the required task at any time during the specified period, 
provided the task is conducted at a reasonable interval after 
completion of the task during the previous period.


Sec. 63.1109  Recordkeeping requirements.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or operator of 
each affected source subject to this subpart shall keep copies of 
notifications, reports and records required by this subpart and 
subparts referenced by this subpart for at least 5 years, unless 
otherwise specified under this subpart.
    (b) Copies of reports. If the Administrator has waived the 
requirement for submittal of copies of reports, the owner or operator 
is not required to maintain copies of the waived reports. This 
paragraph applies only to reports and not the underlying

[[Page 55282]]

records that must be maintained as specified throughout this subpart 
and the subparts referenced by this subpart.
    (c) Availability of records. All records required to be maintained 
by this subpart or a subpart referenced by this subpart shall be 
maintained in such a manner that they can be readily accessed and are 
suitable for inspection. The most recent 2 years of records shall be 
retained onsite or shall be accessible to an inspector while onsite. 
The records of the remaining 3 years, where required, may be retained 
offsite. Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
computer disk, magnetic tape, or microfiche.
    (d) Control applicability records. Owners or operators shall 
maintain information developed and used to determine control 
applicability under Sec. 63.1103 (e.g., combined total annual emissions 
of regulated organic HAP).


Sec. 63.1110  Reporting requirements.

    (a) Required reports. Each owner or operator of an affected source 
subject to this subpart shall submit the reports listed in paragraphs 
(a)(1) through (a)(6) of this section, as applicable.
    (1) A Notification of initial startup described in paragraph (b) of 
this section, as applicable.
    (2) An Initial notification described in paragraph (c) of this 
section.
    (3) An Initial compliance status report described in paragraph (d) 
of this section.
    (4) Periodic reports described in paragraph (e) of this section.
    (5) Application for approval of construction or reconstruction 
described in Sec. 63.5(d) of subpart A of this part.
    (6) Startup, shutdown, and malfunction reports described in 
Sec. 63.1111 of this subpart.
    (7) Other reports. Other reports shall be submitted as specified 
elsewhere in this subpart and subparts referenced by this subpart.
    (b) Notification of initial startup.--(1) Contents. An owner or 
operator of an affected source for which a notice of initial startup 
has not been submitted under 40 CFR part 63, subpart A, Sec. 63.5, 
shall send the Administrator written notification of the actual date of 
initial startup of an affected source.
    (2) Due date. The notification of the actual date of initial 
startup shall be postmarked within 15 days after such date.
    (c) Initial notification. Owners or operators of affected sources 
that are subject to this subpart shall notify the Administrator of the 
applicability of this subpart. The notice shall include the information 
specified in paragraphs (c)(1) through (c)(6) of this section, as 
applicable. An application for approval of construction or 
reconstruction required under Sec. 63.5(d) of subpart A of this part 
may be used to fulfill the initial notification requirements.
    (1) Identification of the storage vessels subject to this subpart.
    (2) Identification of the process vents subject to this subpart.
    (3) Identification of the transfer racks subject to this subpart.
    (4) For equipment leaks, identification of the process units of 
affected facilities subject to this subpart.
    (5) Identification of other equipment or emission points subject to 
this subpart.
    (6) The proposed implementation schedule for affected sources 
identified in paragraphs (c)(1) through (c)(5) of this section, with 
the implementation schedule extending no longer than 3 years.
    (7) Process unit identification. As an alternative to the 
requirements specified in paragraphs (c)(1) through (c)(5) of this 
section, process units can be identified instead of individual pieces 
of equipment. For this alternative, the kind of emission point in the 
process unit that will comply must also be identified.
    (8) Due date. The initial notification shall be postmarked within 
120 calendar days after the source becomes subject to this subpart.
    (d) Initial compliance status report.--(1) Contents. The owner or 
operator shall submit an Initial Compliance Status Report for each 
affected source subject to this subpart containing the information 
specified in this subpart and the subparts referenced by this subpart. 
Alternatively, this information can be submitted as part of a title V 
permit application or amendment.
    (2) Due date. The owner or operator shall submit the Initial 
Compliance Status Report for each affected source 240 days after the 
compliance date specified for the affected source under this subpart, 
or 60 days after the completion of the initial performance test or 
initial compliance determination, whichever is earlier. Initial 
Compliance Status Reports may be combined for multiple affected sources 
as long as the due date requirements for all sources covered in the 
combined report are met.
    (e) Periodic reports. The owner or operator of a source subject to 
monitoring requirements of this subpart, or to other requirements of 
this subpart or subparts referenced by this subpart, where periodic 
reporting is specified, shall submit a Periodic Report.
    (1) Contents. Periodic Reports shall include all information 
specified in this subpart and subparts referenced by this subpart.
    (2) Due date. The Periodic Report shall be submitted semiannually 
no later than 60 calendar days after the end of each 6-month period. 
The first report shall be submitted no later than the last day of the 
month that includes the date 8 months (6 months and 60 days) after the 
date the source became subject to this subpart.
    (3) Overlap with title V reports. Information required by this 
subpart, which is submitted with a title V periodic report, need not 
also be included in a subsequent Periodic Report required by this 
subpart or subpart referenced by this subpart. The title V report shall 
be referenced in the Periodic Report required by this subpart.
    (f) General report content. All reports and notifications submitted 
pursuant to this subpart, including reports that combine information 
required under this subpart and a subpart referenced by this subpart, 
shall include the information specified in paragraphs (f)(1) through 
(f)(4) of this section.
    (1) The name, address and telephone number (fax number may also be 
provided) of the owner or operator.
    (2) The name, address and telephone number of the person to whom 
inquiries should be addressed, if different than the owner or operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each affected source covered in the 
submission and identification of the subparts (this subpart and the 
subparts referenced in this subpart) that are applicable to that 
affected source. Summaries and groupings of this information are 
permitted.
    (g) Report and notification submission.--(1) Submission to the 
Environmental Protection Agency. All reports and notifications required 
under this subpart shall be sent to the appropriate EPA Regional Office 
and to the delegated State authority. The EPA Regional Office may waive 
the requirement to submit a copy of any reports or notifications at its 
discretion.
    (2) Submission of copies. If any State requires a notice that 
contains all the information required in a report or notification 
listed in this subpart, an owner or operator may send the appropriate 
EPA Regional Office a copy of the report or notification sent to the 
State to satisfy the requirements of this subpart for that report or 
notification.
    (3) Method of submission. Wherever this subpart specifies 
``postmark'' dates, submittals may be sent by methods other than the 
U.S. Mail (e.g., by fax or

[[Page 55283]]

courier). Submittals shall be sent on or before the specified date.
    (4) Submission by electronic media. If acceptable to both the 
Administrator and the owner or operator of an affected source, reports 
may be submitted on electronic media.
    (h) Adjustment to timing of submittals and review of required 
communications.--(1) Alignment with title V submission. An owner or 
operator may submit Periodic Reports required by this subpart on the 
same schedule as the title V periodic report for the facility. The 
owner or operator using this option need not obtain prior approval, but 
must ensure that no reporting gaps occur. The owner or operator shall 
clearly identify the change in reporting schedule in the first report 
filed under this paragraph. The requirements of paragraph (e) of this 
section are not waived when implementing this change.
    (2) Establishment of a common schedule. An owner or operator may 
arrange by mutual agreement (which may be a standing agreement) with 
the Administrator a common schedule on which periodic reports required 
by this subpart shall be submitted throughout the year as long as the 
reporting period is not extended. Procedures governing the 
implementation of this provision are specified in paragraphs (h)(3) 
through (h)(7) of this section.
    (3) Submission requirements. Except as allowed by paragraph (h)(1) 
of this section, until an adjustment of a time period or postmark 
deadline has been approved by the Administrator under paragraphs (h)(5) 
and (h)(6) of this section, the owner or operator of an affected source 
remains strictly subject to the required submittal deadlines specified 
in this subpart and subparts referenced by this subpart.
    (4) Request for adjustment of reporting schedule. Except as allowed 
by paragraph (h)(1) of this section, an owner or operator shall request 
the adjustment provided for in paragraphs (h)(5) and (h)(6) of this 
section each time he or she wishes to change an applicable time period 
or postmark deadline specified in this subpart or subparts referenced 
by this subpart. A request for a change to the periodic reporting 
schedule need only be made once for every schedule change and not once 
for every semiannual report submitted.
    (5) Alteration of time periods or deadlines. Notwithstanding time 
periods or postmark deadlines specified in this subpart for the 
submittal of information to the Administrator by an owner or operator, 
or the review of such information by the Administrator, such time 
periods or deadlines may be changed by mutual agreement between the 
owner or operator and the Administrator. An owner or operator who 
wishes to request a change in a time period or postmark deadline for a 
particular requirement shall request the adjustment in writing as soon 
as practical before the subject activity is required to take place. The 
owner or operator shall include in the request whatever information he 
or she considers useful to convince the Administrator that an 
adjustment is warranted.
    (6) Approval of request for adjustment. If, in the Administrator's 
judgment, an owner or operator's request for an adjustment to a 
particular time period or postmark deadline is warranted, the 
Administrator will approve the adjustment. The Administrator will 
notify the owner or operator in writing of approval or disapproval of 
the request for an adjustment within 15 calendar days of receiving 
sufficient information to evaluate the request.
    (7) Notification of delay. If the Administrator is unable to meet a 
specified deadline, he or she will notify the owner or operator of any 
significant delay and inform the owner or operator of the amended 
schedule.


Sec. 63.1111  Startup, Shutdown, and Malfunction.

    (a) Startup, shutdown, and malfunction plan.--(1) Description and 
purpose of plan. The owner or operator of an affected source shall 
develop and implement a written startup, shutdown, and malfunction plan 
that describes, in detail, procedures for operating and maintaining the 
affected source during periods of startup, shutdown, and malfunction. 
This plan shall include a program of corrective action for 
malfunctioning process and air pollution control equipment used to 
comply with relevant standards under this subpart and subparts 
referenced by this subpart. The plan shall also address routine or 
otherwise predictable CPMS malfunctions. This plan shall be developed 
by the owner or operator by the affected source's compliance date under 
this subpart. The requirement to develop and implement this plan shall 
be incorporated into the source's title V permit. This requirement is 
optional for equipment that must comply with subparts TT or UU of this 
part. It is not optional for equipment equipped with a closed vent 
system and control device subject to subpart SS of this part. The 
purpose of the startup, shutdown, and malfunction plan is described in 
paragraphs (a)(1)(i) and (a)(1)(ii) of this section.
    (i) To ensure that owners or operators are prepared to correct 
malfunctions as soon as practical after their occurrence, in order to 
minimize excess emissions of regulated HAP; and
    (ii) To reduce the reporting burden associated with periods of 
startup, shutdown, and malfunction (including corrective action taken 
to restore malfunctioning process and air pollution control equipment 
to its normal or usual manner of operation).
    (2) Operation of source. During periods of startup, shutdown, and 
malfunction, the owner or operator of an affected source subject to 
this subpart shall operate and maintain such affected source (including 
associated air pollution control equipment and CPMS) in accordance with 
the procedures specified in the startup, shutdown, and malfunction plan 
developed under paragraph (a)(1) of this section.
    (3) Use of additional procedures. To satisfy the requirements of 
this section to develop a startup, shutdown, and malfunction plan, the 
owner or operator of an affected source may use the affected source's 
standard operating procedures (SOP) manual, or an Occupational Safety 
and Health Administration (OSHA) or other plan, provided the 
alternative plans meet all the requirements of this section and are 
made available for inspection when requested by the Administrator.
    (4) Revisions to the plan. The Administrator may require that an 
owner or operator of an affected source make changes to the startup, 
shutdown, and malfunction plan for that source. The Administrator may 
require reasonable revisions to a startup, shutdown, and malfunction 
plan, if the Administrator finds that the plan is inadequate as 
specified in paragraphs (a)(4)(i) through (a)(4)(iv):
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the affected source 
that has occurred; or
    (ii) Fails to provide for the operation of the affected source 
(including associated air pollution control equipment and CPMS) during 
a startup, shutdown, and malfunction event in a manner consistent with 
good air pollution control practices for minimizing emissions to the 
extent practical; or
    (iii) Does not provide adequate procedures for correcting 
malfunctioning process and air pollution control equipment as quickly 
as practicable; or

[[Page 55284]]

    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical.
    (5) Additional malfunction plan requirements. If a startup, 
shutdown, and malfunction plan developed under paragraph (a)(1) of this 
section fails to address or inadequately addresses an event that meets 
the characteristics of a malfunction, the owner or operator shall 
revise the startup, shutdown, and malfunction plan within 45 days after 
the event to include detailed procedures for operating and maintaining 
the affected source during similar malfunction events and a program of 
corrective action for similar malfunctions of process or air pollution 
control equipment or CPMS.
    (b) Startup, shutdown, and malfunction reporting requirements.--(1) 
Periodic startup, shutdown, and malfunction reporting requirements. If 
actions taken by an owner or operator during a startup, shutdown, and 
malfunction of an affected source, or of a control device or monitoring 
system required for compliance (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
affected source's plan, then the owner or operator shall state such 
information in a startup, shutdown, and malfunction report. Reports 
shall only be required for a startup, shutdown, and malfunction during 
which excess emissions occur during the reporting period. A startup, 
shutdown, and malfunction report can be submitted as part of a Periodic 
Report required under Sec. 63.1110, or on a more frequent basis if 
specified otherwise under this subpart or a subpart referenced by this 
subpart or as established otherwise by the permitting authority in the 
source's title V permit. The startup, shutdown, and malfunction report 
shall be delivered or postmarked by the 30th day following the end of 
each calendar half (or other calendar reporting period, as 
appropriate), unless the information is submitted with the Periodic 
Report. The report shall include the information specified in 
paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (i) The name, title, and signature of the owner or operator or 
other responsible official certifying its accuracy.
    (ii) The number of startup, shutdown, and malfunction events and 
the total duration of all periods of startup, shutdown, and malfunction 
for the reporting period if the total duration amounts to either of the 
durations in paragraphs (b)(1)(ii)(A) or (b)(1)(ii)(B).
    (A) Total duration of periods of nonoperation or malfunctioning of 
a CPMS equal to or greater than 5 percent of that CPMS operating time 
for the reporting period; or
    (B) Total duration of periods of startup, shutdown, and malfunction 
for an affected source during which excess emissions occur equal to or 
greater than 1 percent of that affected source's operating time for the 
reporting period.
    (2) Immediate startup, shutdown, and malfunction reports.
    (i) Notwithstanding the allowance to reduce the frequency of 
reporting for startup, shutdown, and malfunction reports under 
paragraph (b)(1) of this section, any time an action taken by an owner 
or operator during a startup, shutdown, or malfunction (including 
actions taken to correct a malfunction) during which excess emissions 
occur is not consistent with the procedures specified in the affected 
source's plan, the owner or operator shall report the actions taken for 
that event within 2 working days after commencing actions inconsistent 
with the plan, followed by a letter delivered or postmarked within 7 
working days after the end of the event. The immediate report required 
under this paragraph shall contain the name, title, and signature of 
the owner or operator or other responsible official who is certifying 
its accuracy, explaining the circumstances of the event, the reasons 
for not following the startup, shutdown, and malfunction plan (if 
applicable), and whether any excess emissions or parameter monitoring 
exceedances are believed to have occurred. Notwithstanding the 
requirements of the previous sentence, after the effective date of an 
approved permit program in the State in which an affected source is 
located, the owner or operator may make alternative reporting 
arrangements, in advance, with the permitting authority in that State. 
Procedures governing the arrangement of alternative reporting 
requirements under this paragraph are specified in Sec. 63.1110(h).


Sec. 63.1112  Extension of compliance, and performance test, 
monitoring, recordkeeping and reporting waivers and alternatives.

    (a) Extension of compliance.--(1) Extension of compliance with 
emission standards.
    Until an extension of compliance has been granted by the 
Administrator (or a State with an approved permit program) under this 
paragraph, the owner or operator of an affected source subject to the 
requirements of this section shall comply with all applicable 
requirements of this subpart.
    (2) Extension of compliance for early reductions and other 
reductions.--(i) Early reductions. Pursuant to section 112(i)(5) of the 
Act, if the owner or operator of an existing source demonstrates that 
the source has achieved a reduction in emissions of hazardous air 
pollutants in accordance with the provisions of subpart D of this part, 
the Administrator (or the State with an approved permit program) will 
grant the owner or operator an extension of compliance with specific 
requirements of this part, as specified in subpart D of this part.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if 
the owner or operator of an existing source has installed best 
available control technology (BACT) (as defined in section 169(3) of 
the Act) or technology required to meet a lowest achievable emission 
rate (LAER) (as defined in section 171 of the Act) prior to the 
promulgation of an emission standard in this part applicable to such 
source and the same pollutant (or stream of pollutants) controlled 
pursuant to the BACT or LAER installation, the Administrator will grant 
the owner or operator an extension of compliance with such emission 
standard that will apply until the date 5 years after the date on which 
such installation was achieved, as determined by the Administrator.
    (3) Request for extension of compliance. Paragraphs (a)(4) through 
(a)(7) of this section concern requests for an extension of compliance 
with a relevant standard under this part [except requests for an 
extension of compliance under paragraph (a)(2)(i) of this section will 
be handled through procedures specified in subpart D of this part].
    (4)(i)(A) The owner or operator of an existing source who is unable 
to comply with a relevant standard established under this part pursuant 
to section 112(d) of the Act may request that the Administrator (or a 
State, when the State has an approved title V permit program and the 
source is required to obtain a title V permit under that program, or a 
State, when the State has been delegated the authority to implement and 
enforce the emission standard for that source) grant an extension 
allowing the source up to 1 additional year to comply with the 
standard, if such additional period is necessary for the installation 
of controls. An additional extension of up to 3 years may be added for 
mining waste operations, if the 1-year extension of compliance is 
insufficient to dry and cover mining waste in order to reduce emissions 
of any hazardous air pollutant. The owner or operator of an affected 
source who has requested an

[[Page 55285]]

extension of compliance under this paragraph and who is otherwise 
required to obtain a title V permit shall apply for such permit or 
apply to have the source's title V permit revised to incorporate the 
conditions of the extension of compliance. The conditions of an 
extension of compliance granted under this paragraph will be 
incorporated into the affected source's title V permit according to the 
provisions of part 70 or Federal title V regulations in this chapter 
(42 U.S.C. 7661), whichever are applicable.
    (B) Any request under this paragraph for an extension of compliance 
with a relevant standard shall be submitted in writing to the 
appropriate authority not later than 12 months before the affected 
source's compliance date (as specified in Sec. 63.1102) for sources 
that are not including emission points in an emissions average, or not 
later than 18 months before the affected source's compliance date [as 
specified in Sec. 63.1102] for sources that are including emission 
points in an emissions average. Emission standards established under 
this part may specify alternative dates for the submittal of requests 
for an extension of compliance if alternatives are appropriate for the 
source categories affected by those standards, e.g., a compliance date 
specified by the standard is less than 12 (or 18) months after the 
standard's effective date.
    (ii) The owner or operator of an existing source unable to comply 
with a relevant standard established under this part pursuant to 
section 112(f) of the Act may request that the Administrator grant an 
extension allowing the source up to 2 years after the standard's 
effective date to comply with the standard. The Administrator may grant 
such an extension if he/she finds that such additional period is 
necessary for the installation of controls and that steps will be taken 
during the period of the extension to assure that the health of persons 
will be protected from imminent endangerment. Any request for an 
extension of compliance with a relevant standard under this paragraph 
shall be submitted in writing to the Administrator not later than 15 
calendar days after the effective date of the relevant standard.
    (5) The owner or operator of an existing source that has installed 
BACT or technology required to meet LAER [as specified in paragraph 
(a)(2)(ii) of this section] prior to the promulgation of a relevant 
emission standard in this part may request that the Administrator grant 
an extension allowing the source 5 years from the date on which such 
installation was achieved, as determined by the Administrator, to 
comply with the standard. Any request for an extension of compliance 
with a relevant standard under this paragraph shall be submitted in 
writing to the Administrator not later than 120 days after the 
promulgation date of the standard. The Administrator may grant such an 
extension if he or she finds that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (6)(i) The request for a compliance extension under paragraph 
(a)(4) of this section shall include the following information:
    (A) A description of the controls to be installed to comply with 
the standard;
    (B) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates 
shall include:
    (1) The date by which contracts for emission control systems or 
process changes for emission control will be awarded, or the date by 
which orders will be issued for the purchase of component parts to 
accomplish emission control or process changes;
    (2) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be initiated;
    (3) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved.
    (C) A description of interim emission control steps, that will be 
taken during the extension period, including milestones to assure 
proper operation and maintenance of emission control and process 
equipment; and
    (D) Whether the owner or operator is also requesting an extension 
of other applicable requirements (e.g., performance testing 
requirements).
    (ii) The request for a compliance extension under paragraph (4)(i) 
of this section shall include all information needed to demonstrate to 
the Administrator's satisfaction that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (7) Advice on requesting an extension of compliance may be obtained 
from the Administrator (or the State with an approved permit program).
    (8) Approval of request for extension of compliance. Paragraphs 
(a)(9) through (a)(14) of this section concern approval of an extension 
of compliance requested under paragraphs (a)(4) through (a)(6) of this 
section.
    (9) Based on the information provided in any request made under 
paragraphs (a)(4) through (a)(6) of this section, or other information, 
the Administrator (or the State with an approved permit program) may 
grant an extension of compliance with an emission standard, as 
specified in paragraphs (a)(4) and (a)(5) of this section.
    (10) The extension will be in writing and will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (iv) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (a)(4), specify any additional conditions 
that the Administrator (or the State) deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (a)(5), specify any additional conditions that 
the Administrator deems necessary to assure the proper operation and 
maintenance of the installed controls during the extension period.
    (11) The owner or operator of an existing source that has been 
granted an extension of compliance under paragraph (a)(10) of this 
section may be required to submit to the Administrator (or the State 
with an approved permit program) progress reports indicating whether 
the steps toward compliance outlined in the compliance schedule have 
been reached. The contents of the progress reports and the dates by 
which they shall be submitted will be specified in the written 
extension of compliance granted under paragraph (a)(9) of this section.
    (12)(i) The Administrator (or the State with an approved permit 
program) will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance 
within 30 calendar days after receipt of sufficient information to 
evaluate a request submitted under paragraph (a)(4)(i) or (a)(5) of 
this section. The 30-day approval or denial period will begin after the 
owner or operator has been notified in writing that his/her application 
is complete. The Administrator (or the State) will notify the owner or 
operator in writing of the status of his/her application, that is, 
whether the application contains

[[Page 55286]]

sufficient information to make a determination, within 30 calendar days 
after receipt of the original application and within 30 calendar days 
after receipt of any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, 
the Administrator (or the State with an approved permit program) will 
notify the owner or operator in writing of the Administrator's (or the 
State's) intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (iv) The Administrator's final determination to deny any request 
for an extension will be in writing and will set forth the specific 
grounds on which the denial is based. The final determination will be 
made within 30 calendar days after presentation of additional 
information or argument (if the application is complete), or within 30 
calendar days after the final date specified for the presentation if no 
presentation is made.
    (13)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of a request for an 
extension of compliance within 30 calendar days after receipt of 
sufficient information to evaluate a request submitted under paragraph 
(a)(4)(ii) of this section. The 30-day approval or denial period will 
begin after the owner or operator has been notified in writing that 
his/her application is complete. The Administrator (or the State) will 
notify the owner or operator in writing of the status of his/her 
application, that is, whether the application contains sufficient 
information to make a determination, within 15 calendar days after 
receipt of the original application and within 15 calendar days after 
receipt of any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 15 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, 
the Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator before further action on the request.
    (iv) A final determination to deny any request for an extension 
will be in writing and will set forth the specific grounds on which the 
denial is based. The final determination will be made within 30 
calendar days after presentation of additional information or argument 
(if the application is complete), or within 30 calendar days after the 
final date specified for the presentation if no presentation is made.
    (14) The Administrator (or the State with an approved permit 
program) may terminate an extension of compliance at an earlier date 
than specified if any specification under paragraphs (a)(10)(iii) or 
(a)(10)(iv) of this section is not met.
    (15) [Reserved]
    (16) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the Act.
    (b) Waiver of performance tests. 
    (1) Until a waiver of a performance testing requirement has been 
granted by the Administrator under this paragraph, the owner or 
operator of an affected source remains subject to the requirements of 
this section.
    (2) Individual performance tests may be waived upon written 
application to the Administrator if, in the Administrator's judgment, 
the source is meeting the relevant standard(s) on a continuous basis, 
or the source is being operated under an extension of compliance, or 
the owner or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) Request to waive a performance test. 
    (i) If a request is made for an extension of compliance under 
paragraph (a) of this section, the application for a waiver of an 
initial performance test shall accompany the information required for 
the request for an extension of compliance. If no extension of 
compliance is requested or if the owner or operator has requested an 
extension of compliance and the Administrator is still considering that 
request, the application for a waiver of an initial performance test 
shall be submitted at least 60 days before the performance test if a 
site-specific test plan is not submitted.
    (ii) If an application for a waiver of a subsequent performance 
test is made, the application may accompany any required compliance 
progress report, compliance status report, or excess emissions and 
continuous monitoring system performance report, but it shall be 
submitted at least 60 days before the performance test if a site-
specific test plan is not submitted.
    (iii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The 
Administrator will approve or deny a request for a waiver of a 
performance test made under paragraph (b)(3) of this section when he/
she--
    (i) Approves or denies an extension of compliance under paragraph 
(a) of this section; or
    (ii) Approves or disapproves a site-specific test plan; or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.
    (c) Use of an alternative monitoring method.
    (1) General. Until permission to use an alternative monitoring 
method has been granted by the Administrator

[[Page 55287]]

under this paragraph, the owner or operator of an affected source 
remains subject to the requirements of this section and the relevant 
standard.
    (2) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring methods or 
procedures of this part including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate 
measurements due to liquid water or other interferences caused by 
substances within the effluent gases;
    (ii) Alternative monitoring requirements when the affected source 
is infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and 
Materials (ASTM) test methods or sampling procedures specified by any 
relevant standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the requirements as specified in 
the relevant standard. The Administrator may require that such 
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section or in the relevant 
standard. If the results of the specified and alternative method, 
requirement, or procedure do not agree, the results obtained by the 
specified method, requirement, or procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or 
operator who wishes to use an alternative monitoring method shall 
submit an application to the Administrator as described in paragraph 
(c)(4)(ii) of this section, below. The application may be submitted at 
any time provided that the monitoring method is not used to demonstrate 
compliance with a relevant standard or other requirement. If the 
alternative monitoring method is to be used to demonstrate compliance 
with a relevant standard, the application shall be submitted not later 
than with the site-specific test plan required or with the site-
specific performance evaluation plan (if requested) or at least 60 days 
before the performance evaluation is scheduled to begin.
    (ii) The application shall contain a description of the proposed 
alternative monitoring system and a performance evaluation test plan, 
if required. In addition, the application shall include information 
justifying the owner or operator's request for an alternative 
monitoring method, such as the technical or economic infeasibility, or 
the impracticality, of the affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (c)(4)(i) above to ensure a timely review by the 
Administrator in order to meet the compliance demonstration date 
specified in this section or the relevant standard.
    (5) Approval of request to use alternative monitoring method.
    (i) The Administrator will notify the owner or operator of approval 
or intention to deny approval of the request to use an alternative 
monitoring method within 30 calendar days after receipt of the original 
request and within 30 calendar days after receipt of any supplementary 
information that is submitted. Before disapproving any request to use 
an alternative monitoring method, the Administrator will notify the 
applicant of the Administrator's intention to disapprove the request 
together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) The Administrator may establish general procedures and 
criteria in a relevant standard to accomplish the requirements of 
paragraph (c)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (c)(5)(i) of 
this section, the owner or operator of such source shall continue to 
use the alternative monitoring method until he or she receives approval 
from the Administrator to use another monitoring method as allowed by 
this subpart or a subpart referenced by this subpart.
    (6) Alternative to the relative accuracy test. An alternative to 
the relative accuracy test for CEMS specified in a relevant standard 
may be requested as follows:
    (i) Criteria for approval of alternative procedures. An alternative 
to the test method for determining relative accuracy is available for 
affected sources with emission rates demonstrated to be less than 50 
percent of the relevant standard. The owner or operator of an affected 
source may petition the Administrator under paragraph (c)(6)(ii) of 
this section to substitute the relative accuracy test in section 7 of 
Performance Specification 2 with the procedures in section 10 if the 
results of a performance test conducted according to the requirements 
specified in this subpart or subpart referenced by this subpart 
demonstrate that the emission rate of the pollutant of interest in the 
units of the relevant standard is less than 50 percent of the relevant 
standard. For affected sources subject to emission limitations 
expressed as control efficiency levels, the owner or operator may 
petition the Administrator to substitute the relative accuracy test 
with the procedures in section 10 of Performance Specification 2 if the 
control device exhaust emission rate is less than 50 percent of the 
level needed to meet the control efficiency requirement. The 
alternative procedures do not apply if the CEMS is used continuously to 
determine compliance with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The 
petition to use an alternative to the relative accuracy test shall 
include a detailed description of the procedures to be applied, the 
location and the procedure for conducting the alternative, the 
concentration or response levels of the alternative relative accuracy 
materials,

[[Page 55288]]

and the other equipment checks included in the alternative 
procedure(s). The Administrator will review the petition for 
completeness and applicability. The Administrator's determination to 
approve an alternative will depend on the intended use of the CEMS data 
and may require specifications more stringent than in Performance 
Specification 2.
    (iii) Rescission of approval to use alternative to relative 
accuracy test. The Administrator will review the permission to use an 
alternative to the CEMS relative accuracy test and may rescind such 
permission if the CEMS data from a successful completion of the 
alternative relative accuracy procedure indicate that the affected 
source's emissions are approaching the level of the relevant standard. 
The criterion for reviewing the permission is that the collection of 
CEMS data shows that emissions have exceeded 70 percent of the relevant 
standard for any averaging period, as specified in the relevant 
standard. For affected sources subject to emission limitations 
expressed as control efficiency levels, the criterion for reviewing the 
permission is that the collection of CEMS data shows that exhaust 
emissions have exceeded 70 percent of the level needed to meet the 
control efficiency requirement for any averaging period, as specified 
in the relevant standard. The owner or operator of the affected source 
shall maintain records and determine the level of emissions relative to 
the criterion for permission to use an alternative for relative 
accuracy testing. If this criterion is exceeded, the owner or operator 
shall notify the Administrator within 10 days of such occurrence and 
include a description of the nature and cause of the increased 
emissions. The Administrator will review the notification and may 
rescind permission to use an alternative and require the owner or 
operator to conduct a relative accuracy test of the CEMS as specified 
in section 7 of Performance Specification 2.
    (d) Waiver of recordkeeping or reporting requirements.
    (1) Until a waiver of a recordkeeping or reporting requirement has 
been granted by the Administrator under this paragraph, the owner or 
operator of an affected source remains subject to the recordkeeping and 
reporting requirements of this subpart and any subparts referenced by 
this subpart.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under paragraph (a), any required compliance progress report 
or compliance status report required under this part or in the source's 
title V permit, or an excess emissions and continuous monitoring system 
performance report required under subpart SS or another subpart 
referenced by this subpart, whichever is applicable. The application 
shall include whatever information the owner or operator considers 
useful to convince the Administrator that a waiver of recordkeeping or 
reporting is warranted.
    (4) The Administrator will approve or deny a request for a waiver 
of recordkeeping or reporting requirements under this paragraph when 
he/she--
    (i) Approves or denies an extension of compliance under paragraph 
(a); or
    (ii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.


Sec. 63.1113  Procedures for approval of alternative means of emission 
limitation.

    (a) Alternative means of emission limitation. An owner or operator 
of an affected source may request a determination of alternative means 
of emission limitation to the requirements of design, equipment, work 
practice, or operational standards of this subpart or of a subpart 
referenced by this subpart. If, in the judgment of the Administrator, 
an alternative means of emission limitation will achieve a reduction in 
HAP emissions at least equivalent to the reduction in emissions from 
that source achieved under any design, equipment, work practice, or 
operational standards (but not performance standards) in this subpart, 
the Administrator will publish in the Federal Register a notice 
permitting the use of the alternative means for purposes of compliance 
with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any such notice shall be published only after public notice and 
an opportunity for a hearing.
    (b) Content of submittal.--(1) In order to obtain approval, any 
person seeking permission to use an alternative means of compliance 
under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions. An owner or operator of an affected 
source seeking permission to use an alternative means of compliance who 
has not previously performed testing shall also submit a proposed test 
plan. If the owner or operator seeks permission to use an alternative 
means of compliance based on previously performed testing, they shall 
submit the results of testing, a description of the procedures followed 
in testing or monitoring, and a description of pertinent conditions 
during testing or monitoring.
    (2) The owner or operator who requests an alternative means of 
emissions limitation shall submit a description of the proposed 
testing, monitoring, recordkeeping, and reporting that will be used and 
the proposed basis for demonstrating compliance.
    (3) For storage vessels, the owner or operator shall include the 
results of actual emissions tests using full-size or scale-model 
storage vessels that accurately collect and measure all regulated HAP 
emissions using a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or an engineering analysis that the Administrator 
determines to be an accurate method of determining equivalence.
    (4) For proposed alternatives to equipment leak requirements 
referenced by this subpart, the owner or operator shall also submit the 
information specified in and meet the requirements for alternate means 
of emission limitation specified in the referenced subparts.

[FR Doc. 98-25454 Filed 10-13-98; 8:45 am]
BILLING CODE 6560-50-P