[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
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Industry..................... Producers of homopolymers and/or
copolymers of alternating oxymethylene
units.
Producers of either acrylic fiber or
modacrylic fiber synthetics composed of
acrylonitrile (AN) units.
Producers of, and recoverers of HF by
reacting calcium fluoride with sulfuric
acid. For the purpose of implementing
the rule, HF production is not a process
that produces gaseous HF for direct
reaction with hydrated aluminum to form
aluminum fluoride (i.e., the HF is not
recovered as an intermediate or final
product prior to reacting with the
hydrated aluminum).
Producers of 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
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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
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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