[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Proposed Rules]
[Pages 57748-57876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27260]



[[Page 57747]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 60, 61, 63, and 65



Consolidated Federal Air Rule (CAR): Synthetic Organic Chemical 
Manufacturing Industry; Proposed Rule

  Federal Register / Vol. 63, No. 208 / Wednesday, October 28, 1998 / 
Proposed Rules  

[[Page 57748]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, 63, and 65

[AD-FRL-6173-4]
RIN 2060-AG28


Consolidated Federal Air Rule (CAR): Synthetic Organic Chemical 
Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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

SUMMARY: This action proposes a consolidated Federal air rule for the 
Synthetic Organic Chemical Manufacturing Industry (SOCMI). This 
proposed rule consolidates major portions of the following new source 
performance standards (NSPS) and national emission standards for 
hazardous air pollutants (NESHAP) applicable to storage vessels, 
process vents, transfer operations, and equipment leaks within the 
SOCMI: 40 CFR part 60, subparts A, Ka, Kb, VV, DDD, III, NNN, and RRR; 
40 CFR part 61, subparts A, V, Y, and BB; and 40 CFR part 63, subparts 
A, F, G, and H. The proposed rule is intended to pull together 
applicable Federal SOCMI rules into one integrated set of rules in 
order to simplify, clarify, and improve implementation of the existing 
rules with which source owners or operators must comply. The 
consolidated rule is an optional compliance alternative for SOCMI 
sources; sources may simply continue to comply with existing applicable 
rules or choose to comply with the proposed consolidated rule. The 
effect of this consolidation will be to improve understandability, 
reduce burden, clarify requirements, and improve implementation and 
compliance.

DATES: Comments. Comments must be received on or before January 11, 
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 SOCMI CAR. If anyone 
contacts EPA requesting to speak at a public hearing by November 27, 
1998, a public hearing will be held on December 14, 1998, beginning at 
9:30 a.m. Persons interested in attending the hearing should notify 
Yvonne Chandler, (919) 541-5627, to verify that a hearing will occur. 
If a hearing is held, the docket will remain open for 30 days after the 
hearing for the submission of rebuttal or supplementary information as 
provided by section 307(d)(5) of the Clean Air Act (Act).
    Request to Speak at a Hearing. Persons wishing to present oral 
testimony must contact Yvonne Chandler, Emission Standards Division 
(MD-13), U.S. Environmental Protection Agency, Research Triangle Park, 
N.C., 27711, telephone number (919) 541-5627 by November 27, 1998.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (MC-
6102), Attention, Docket No. A-96-01, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC, 20460. The EPA requests that 
a separate copy also be sent to the contact person listed below in the 
FOR FURTHER INFORMATION CONTACT section.
    Comments on the proposal may also be submitted electronically by 
sending electronic mail (e-mail) to: [email protected]. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect 5.1 file format or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket number (A-96-01). No Confidential Business 
Information (CBI) should be submitted through electronic mail. 
Electronic comments on this proposed rule may be filed online at many 
Federal Depository Libraries.
    Docket. A docket, No. A-96-01, containing information considered by 
EPA in development of the proposed standards for the CAR, is available 
for public inspection between 8:00 a.m. and 4:00 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 
[phone: (202) 260-7548]. The docket is located at the above address in 
Room M-1500, Waterside Mall (ground floor). A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Research 
Triangle Park, N.C., 27711, telephone number (919) 541-5262, fax number 
(919) 541-0942, or e-mail: [email protected].
    Technology Transfer Network. The Technology Transfer Network (TTN) 
is a network of EPA's electronic bulletin boards. The TTN provides 
information and technology exchange in various areas of air pollution 
control. The service is free except for the cost of a phone call. Dial 
(919) 541-5472 for modems up to 14,400 bits per second (bps). The TTN 
is also accessible through the Internet at ``http://
ttnwww.rtpnc.epa.gov.'' If more information on the TTN is needed, call 
the HELP line at (919) 541-5384.

SUPPLEMENTARY INFORMATION: The following outline is provided to aid in 
reading the preamble to the proposed SOCMI CAR.

I. Regulated Entities and Background Information
    A. Regulated Entities
    B. Background Information
II. Considerations in Rule Development
    A. Goals and Objectives
    B. Participation
III. Summary of the CAR
    A. Scope
    B. Overview of the CAR
IV. How the CAR Works and Its Structure
    A. How the CAR Works
    B. Structure of the CAR
V. Amendments to the Referencing Subparts
    A. General Concepts
    B. Description of Amendments
VI. Summary of the Proposed Rule and Significant Decisions in Rule 
Consolidation
    A. Basis for the CAR (Optional Implementation)
    B. General Provisions
    C. Storage Vessel Provisions
    D. Process Vent Provisions
    E. Transfer Rack Provisions
    F. Equipment Leak Provisions
    G. Closed-Vent Systems, Control Devices, and Routing to a Fuel 
Gas System or a Process
    H. Monitoring, Recordkeeping, and Reporting
VII. Delegation of the CAR to State Authorities
    A. Approval of the CAR as an Alternative Compliance Approach
    B. Policy on Delegation of the CAR
VIII. Incorporating CAR Requirements into the Title V Permit
IX. Extension of the Consolidation to Include the State 
Implementation Plan
    A. Pre-Approval of the CAR as Meeting the Clean Air Act 
Reasonably Available Control Technology Requirement
    B. EPA Approval of the CAR as an Alternative Compliance Measure 
for the State Implementation Plan
    C. Expedited State Implementation Plan Approvals for 
Incorporation of the CAR as a Reasonably Available Control 
Technology Compliance Option
    D. Streamlining of Overlapping State Implementation Plan, New 
Source Performance Standards, and National Emission Standard 
Hazardous Air Pollutants Requirements in the Title V Permitting 
Process
X. Summary of Benefits and Other Impacts
XI. Additional Amendments to Equipment Leak Referencing Subparts
    A. Closed-Vent Systems and Control Devices

[[Page 57749]]

    B. Sampling Connection Systems
    C. Standards for Control Devices and Recovery Systems
    D. Safety Considerations
XII. Solicitation of Specific Comments
XIII. Administrative Requirements
    A. Public Hearing
    B. Docket
    C. Paperwork Reduction Act
    D. Executive Order 12866
    E. Regulatory Flexibility Act
    F. Unfunded Mandates
    G. Enhancing the Intergovernmental Partnership Under Executive 
Order 12875
    H. Clean Air Act
    I. National Technology Transfer and Advancement Act
    J. Executive Order 13045
    K. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments

I. Regulated Entities and Background Information

A. Regulated Entities

    The regulated category and entities potentially affected by this 
action include:

------------------------------------------------------------------------
             Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry..........................  Synthetic organic chemical
                                     manufacturing industry units. For
                                     example, producers of benzene,
                                     toluene, or any other chemical
                                     listed in table 1 of 40 CFR part
                                     63, subpart F, and any other
                                     chemical manufacturing process unit
                                     identified in an applicable subpart
                                     that references the use of this
                                     part.
                                    Producers of polypropylene,
                                     polyethylene, polystyrene, or
                                     poly(ethylene terephthalate).
                                    Producers of vinyl chloride and
                                     polyvinyl chloride.
                                    Volatile organic compound storage
                                     vessels.
                                    Benzene storage vessels.
                                    Benzene transfer operations.
                                    Equipment (valves, pumps,
                                     connectors, etc.) in benzene
                                     service.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather, to provide 
a guide for entities likely to qualify to implement this action. This 
table lists the types of entities that EPA is now aware could 
potentially qualify to implement this action. To determine whether your 
facility will qualify to implement this action, you should carefully 
examine the applicability criteria in 40 CFR part 60 subparts Ka, Kb, 
VV, DDD, III, NNN, and RRR; 40 CFR part 61, subparts V, Y, and BB; and 
40 CFR part 63, subparts F, G, and H. 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.

B. Background Information

    Over the past 25 years, EPA has issued a series of Federal air 
regulations, many of which affect the same plant site. As a result, 
many facilities are now subject to multiple Federal rules applying to 
different emission points. Each rule has its own emission control 
requirements as well as monitoring, recordkeeping, and reporting 
requirements. Although these rules were developed for different 
purposes, under different statutory authorities, and apply to different 
pollutants, they may impose many duplicative or near duplicative 
requirements on a plant site, thus complicating implementation of and 
compliance with these rules.
    On March 16, 1995 President Clinton and Vice President Gore 
announced several initiatives aimed at reinventing environmental 
regulation. One of those initiatives was to consolidate Federal air 
rules, so that all Federal air rules for any single industry would be 
incorporated into a single rule. This rule would consist of ``* * * one 
set of emission limitations, monitoring, and recordkeeping and 
reporting requirements.''
    The EPA selected the Federal air rules applying to the SOCMI for a 
pilot project to study the feasibility and practical implications of 
consolidating and streamlining existing rules, and to establish a 
workable process for consolidation that can then be applied to other 
consolidation efforts in the future. The SOCMI was selected as the 
pilot because of the large number of similar Federal air regulations 
that can apply at a single location. The SOCMI is subject to NSPS and 
NESHAP under the Act, as well as to Resource Conservation and Recovery 
Act (RCRA) air standards. The rules for a given type of emission point 
require application of controls with similar control efficiencies and 
include similar design, equipment, or operating standards. However, the 
standards differ in their applicability and in some of their control, 
monitoring, recordkeeping, and reporting requirements. Additionally, 
both the SOCMI and State air pollution control agencies have expressed 
great interest in consolidation of applicable Federal air requirements 
to the extent possible for easier incorporation into title V operating 
permits.
    For these reasons, EPA believes that consolidation of the 
requirements of the various rules into one rule would greatly benefit 
both the industry and government enforcement agencies. It is believed 
that such consolidation would improve compliance and enforceability and 
reduce resource needs.

II. Considerations in Rule Development

A. Goals and Objectives

    The following goals and objectives were established for developing 
this proposed consolidation:
    (1) Reduce regulatory burden by consolidating and simplifying 
requirements and eliminating duplicative requirements.
    (2) Facilitate implementation and compliance by making the 
requirements easier to understand and incorporating streamlined 
compliance approaches from the most recent rules.
    (3) Consolidate the present system of Federal air rules that apply 
to SOCMI facilities into a single rule without compromising 
environmental protection and enforceability by maintaining the same 
applicability and the same or greater emission control levels as the 
underlying rules.
    It is not EPA's intent to alter the applicability of the underlying 
rules. Thus, only sources already subject to an underlying rule would 
be affected by the CAR. Likewise, no source subject to an underlying 
rule would become exempt under the CAR. In addition, regardless of 
which eligible sources choose to comply with the CAR, implementation of 
the CAR will not result in greater emissions. Rather, greater emission 
reductions would be likely since all sources choosing to comply with 
the CAR would be raised to the same level of control. It is anticipated 
that, due to the burden reduction afforded by the CAR, sources will 
choose to comply with the CAR despite potential increases in stringency 
over some provisions in the underlying rules.
    As a basis for the consolidation effort, EPA recognized that 
strategies and approaches to regulating specific types of emission 
points, such as storage tanks or equipment leaks, have evolved and 
improved over the 25 years of SOCMI rule development. For the most 
part, the referencing subparts have not been substantially revised 
since promulgation, other than administrative changes. In developing 
the CAR, EPA has focused on provisions that reflect the most current 
and effective approaches to emission control as well as the clearest 
and most concise language. Burden reduction was also a major theme in 
the consolidation process, and each provision was examined closely for 
potential burden reduction. Particular scrutiny was given to provisions 
dealing with monitoring, recordkeeping, and reporting. Moreover,

[[Page 57750]]

reducing the number of applicable rules, in and of itself, is a source 
of additional burden reduction. The EPA believes that creation of a 
consolidated air rule around these goals and objectives will lead to 
improved compliance and implementation for the SOCMI industry.

B. Participation

    The EPA's strategy for consolidation included significant 
participation by affected parties outside the Agency. The EPA 
approached the Chemical Manufacturers Association (CMA), which 
represents the SOCMI, to discuss the concept of a consolidated SOCMI 
rule and to contribute ideas for establishing such a rule. The CMA 
readily supported the concept of consolidation and volunteered 
resources to assist in the project. Air pollution agencies in States 
where the majority of SOCMI facilities are located and national 
environmental groups were also invited. Some States and environmental 
groups declined direct involvement due to resource constraints and also 
due to the fact that the applicability of the underlying rules would 
not change, and the overall stringency of the underlying rules would 
not be diminished.
    In addition, an extended group of other interested parties 
consisting of representatives from industries with similar emissions 
and emission points as the SOCMI, environmental groups, and State 
agencies was kept informed through correspondence and meetings. This 
extended group was briefed and asked to provide input periodically 
during development of the proposed CAR. Industries and organizations 
represented in this group would not necessarily be affected by the CAR 
but are interested in the outcome to determine whether a similar 
consolidation effort would be beneficial for their interests. This 
group includes the following interested parties:
     State and Territorial Air Pollution Program 
Administrators/Association of Local Air Pollution Control Officials 
(STAPPA/ALAPCO) and other State air pollution agencies.
     Synthetic Organic Chemical Manufacturers Association.
     Natural Resources Defense Council.
     American Petroleum Institute.
     Independent Liquid Terminals Association.
     National Petroleum Refiners Association.
     Society of Plastics Institute.

No groups have been purposely excluded from the process, and comment on 
this proposal is welcome from any interested party.
    The EPA convened meetings with affected parties on an as-needed 
basis--roughly once every one to two months. At the earlier meetings, 
goals, objectives, and basic principles of consolidation were 
formulated. Subsequent meetings addressed technical issues, comparisons 
of similar provisions, enforcement issues, and identification of burden 
reduction opportunities. Ultimately, the work group provided well 
balanced and informed input for EPA to develop a technically feasible 
and enforceable consolidated rule.

III. Summary of the CAR

    This section of the preamble provides a general overview of the 
CAR. More detailed discussions and rationale for the CAR's provisions 
are included in sections IV, V, and VI of this preamble.

A. Scope

    One of the first decisions required for the consolidation effort 
addressed which regulations would be consolidated. Many options were 
considered, but EPA eventually decided to limit the scope of the pilot 
SOCMI CAR to the Federal regulations listed in table 1. These are the 
Federal Clean Air Act rules that affect the SOCMI and that are 
consolidated in the CAR. The EPA determined that this scope was broad 
enough to provide significant benefits, but well defined enough to 
ensure a reasonable chance of success as a pilot project.

          Table 1.--Scope: Rules Consolidated in the SOCMI CAR
------------------------------------------------------------------------
40 CFR part 60, subparts:
   A: General Provisions
   Ka: Petroleum Liquids Storage a
   Kb: Volatile Organic Liquid Storage a
   VV: SOCMI Equipment Leaks a
  DDD: Certain Polymers and Resins Process vents a
  III: SOCMI Air Oxidation Process Vents a
  NNN: SOCMI Distillation Process Vents a
  RRR: SOCMI Reactor Process Vents a
40 CFR part 61, subparts:
   A: General Provisions
   V: Equipment Leaks (for benzene and vinyl chloride) a
   Y: Benzene Storage a
  BB: Benzene Transfer a
40 CFR part 63, subparts:
  A: General Provisions
  F: SOCMI Applicability
  G: SOCMI Storage, Transfer, and Process Vents a
  H: SOCMI Equipment Leaksa
------------------------------------------------------------------------
a These subparts contain proposed language that refers readers to the
  SOCMI CAR as an optional means of compliance. Thus, these subparts are
  referred to as ``referencing subparts.''

    Synthetic Organic Chemical Manufacturing Industry rules under other 
authorities (for example, RCRA), proposed rules, and rules potentially 
subject to significant changes (for example, wastewater hazardous 
organic NESHAP) were not included in this pilot effort. The EPA's 
intent was to keep the rule development process manageable in order to 
develop a practical CAR in a reasonable amount of time. If the SOCMI 
CAR is widely perceived as useful to industry and to enforcement 
agencies, EPA will consider these other SOCMI rules for consolidation 
at a later date.
    The EPA also considered the following rules for similar inclusion: 
40 CFR part 60, subparts GGG for petroleum refinery equipment leaks and 
KKK for onshore natural gas processing equipment leaks, and 40 CFR part 
63, subpart I for certain processes subject to the negotiated 
regulation for equipment leaks. Although these rules do refer subject 
sources to the CAR's referencing subparts, they do not cover SOCMI 
sources. Therefore, EPA decided not to allow sources subject to these 
rules to comply with the CAR. This decision reflects EPA's decision to 
limit the coverage of the CAR to better assess the effects, 
enforcement, and implementation of the consolidation.
    The vast majority of facilities affected by the rules in table 1 
are SOCMI facilities; but some rules also affect non-SOCMI sources. For 
example, 40 CFR part 60, subparts Ka and Kb apply to storage vessels 
within SOCMI process units as well as those in non-SOCMI applications 
such as refineries and bulk storage facilities. Subpart DDD of 40 CFR 
part 60 (for certain polymers and resins production process vents) was 
included in the consolidation because these production units are often 
located at the same facilities as SOCMI units. The process vents for 
these production units are often shared, and the control methods and 
requirements are virtually identical. The consolidated part 61 subparts 
for equipment leaks and for benzene storage and transfer also apply to 
both SOCMI and non-SOCMI facilities. The consolidated part 63 rules 
apply solely to SOCMI facilities. The CAR is designed primarily for 
SOCMI processes, although co-located non-SOCMI sources might also take 
advantage of the CAR under certain circumstances. Section III of this 
preamble includes further discussion of which sources may choose to 
comply with the CAR.
    The EPA is also proposing consolidated general provisions for the 
CAR by combining applicable requirements from the 40 CFR parts 60,

[[Page 57751]]

61, and 63 general provisions. These consolidated general provisions 
would become applicable once a source becomes subject to the CAR. 
General provisions are included in the consolidation so that the CAR 
will contain all relevant provisions, with certain noted exceptions, 
for sources complying with the CAR.

B. Overview of the CAR

    The CAR is being proposed as a new part, 40 CFR part 65, since the 
rules being consolidated are located across three different parts of 40 
CFR (parts 60, 61, and 63). The proposed CAR comprises subparts A 
through G of part 65. Part 65 will contain any future consolidated 
Federal air rules, as well.
    The CAR is proposed as an optional compliance method for sources 
that are subject to one of the referencing subparts. The term 
``referencing subpart(s)'' is used throughout 40 CFR part 65 and refers 
to the SOCMI regulations subject to the footnote in table 1. The CAR is 
designed to include all or most of the applicable provisions for a 
source that chooses to use the CAR as a compliance method. Sources that 
are not eligible or that choose not to comply with the CAR will 
continue to comply with the applicable referencing subparts with no 
change in compliance requirements.
    Compliance with the CAR is allowed on a SOCMI CAR unit (SCU) basis. 
An SCU is analogous to the types of process units defined in the 
referencing subparts, and was developed specifically to describe the 
collection of equipment and emission points that are eligible to choose 
the CAR as a compliance method. The term ``SOCMI CAR unit'' is defined 
in the proposed part 65 general provisions (Subpart A) and is further 
described in section IV. A of this preamble. Under certain conditions, 
emission points that are not part of an SCU, but are subject to one of 
the referencing subparts, may also choose to comply with the CAR. These 
conditions are further described in section IV.A.
Applicability
    The CAR does not alter applicability for any source. Sources may 
choose to comply with the CAR only when they are sources subject to a 
referencing subpart and specifically referred to the CAR by that 
subpart. Conversely, emission points or equipment that are not subject 
to any referencing subparts can not become subject through any 
provision in the CAR.
    Along with the proposed CAR, today's notice proposes changes to the 
referencing subparts. These proposed changes add ``pointers'' to the 
CAR in each referencing subpart. The pointers are additions to the 
applicability sections that specify which sources may take advantage of 
the CAR and which subparts of part 65 would apply to each type of 
emission point.
    New sources that become subject to a referencing subpart will 
consult the applicability provisions of that referencing subpart to 
determine eligibility to comply with the CAR. If a new source is part 
of an SCU that is implementing the CAR, the new source must also 
implement the CAR, or the entire SCU (existing and new components) must 
opt not to implement the CAR and comply with the applicable referencing 
subpart(s) instead. Further discussion of SCUs and options for choosing 
to comply with the CAR is presented in section IV.A of this preamble.
Subparts of the CAR
    Figure 1 illustrates the structure of the CAR subparts. Subpart A 
contains the CAR's general provisions, which apply to all sources 
complying with the CAR. The general provisions cover applicability and 
definitions; the general requirements for compliance, performance 
tests, monitoring, recordkeeping, and reporting; administrative 
subjects. Note that some general requirements pertaining to Continuous 
Parameter Monitoring Systems (CPMS) are located in subpart G of the 
CAR.

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    Each of subparts C through F outlines the compliance options for a 
particular type of emission point. (Subpart B is reserved.)
     Subpart C--storage vessels,
     Subpart D--process vents,
     Subpart E--transfer racks, and
     Subpart F--equipment leaks.

Subparts C through F also contain the emission control requirements for 
some of these compliance options, and the associated compliance, 
monitoring, recordkeeping, and reporting requirements specific to those 
control options. However, if an owner or operator chooses to comply by 
either (1) a closed-vent system and add-on control device, or (2) 
routing to a fuel gas system or to a process as a compliance option, 
the source is further referred to subpart G. Subpart G contains the 
emission control requirements for closed-vent systems, control devices, 
and routing to a fuel gas system or process, including the associated 
testing, monitoring, data handling, reporting and recordkeeping 
requirements, and general requirements related to CPMS.

IV. How the CAR Works and Its Structure

    The CAR is an optional compliance method for sources subject to the 
referencing subparts listed in table 1 of this preamble. The CAR is 
designed so that, once an owner or operator has chosen to comply with 
the CAR for a particular source, most of the relevant provisions for 
that source are contained in part 65. Compliance with the CAR is 
allowed for the collection of equipment that meets the definition of an 
SCU. In addition, sources that are not part of an SCU may also choose 
to comply with the CAR if they are (1) subject to one of the 
referencing subparts, and (2) located at the same plant site with an 
SCU that is complying with the CAR. Therefore, an owner or operator of 
a SOCMI facility may choose to comply with the CAR for all or some of 
the regulated sources subject to the referencing subparts at the 
facility.
    This section of the preamble describes who can use the CAR, what 
part of a facility can comply with the CAR, and how the parts of the 
facility that can comply with the CAR are delineated. The rationale for 
these decisions is also explained.

A. How the CAR Works

    Figures 2a and 2b present a thought process that might typically be 
used by an owner or operator when determining whether the CAR is right 
for their facility. This section of the preamble steps through these 
figures and each of their decision points. In doing so, how the CAR 
works and the rationale behind the CAR and it's facets are described.

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What Is SOCMI?
    As shown in figures 2a and 2b, once an owner or operator decides 
that the CAR may be of interest (i.e., they are subject to some 
referencing subparts and are wondering what the next step is), the 
first consideration would be whether or not the facility is a SOCMI 
facility. As discussed previously, the CAR only applies to SOCMI 
facilities. In the CAR, a SOCMI facility is considered any facility 
that is subject to 40 CFR part 60, subpart III, NNN, or RRR or the HON; 
or a facility that would have been subject to subpart III, NNN, or RRR 
had construction of the regulated source commenced after the 
applicability date of one of these rules.
    In determining what should constitute a SOCMI facility in the CAR, 
EPA decided that a SOCMI facility should be any facility that considers 
itself part of that industry. The EPA reasoned that a facility would 
consider itself a SOCMI facility if it was subject to any of the SOCMI 
rules. The SOCMI rules are: 40 CFR part 60, subparts III, NNN, RRR, and 
VV (the NSPS), and 40 CFR part 63, subparts G and H [the Hazardous 
Organic NESHAP (HON)]. Defining a SOCMI facility as any facility that 
is subject to one of these rules is a simple matter. However, EPA also 
reasoned that some facilities may not have triggered a SOCMI NSPS or 
the HON but would consider themselves SOCMI because of the chemicals 
they produce. For example, crotonic acid is a chemical that is 
regulated as part of the SOCMI under 40 CFR part 60, subparts VV, III, 
and NNN, but not regulated as part of the SOCMI under the HON. Thus, a 
facility producing crotonic acid may not trigger the NSPS rules, but 
still would consider itself part of the SOCMI because it produces a 
SOCMI chemical. Therefore, EPA also considered facilities to be SOCMI 
facilities if they could trigger a SOCMI NSPS with a modification or 
reconstruction. The EPA considered this a reasonable decision since 
many non-SOCMI facilities could easily make a change that would trigger 
a SOCMI NSPS. The EPA decided that this concept would best be 
represented in the SOCMI definition based upon the construction date of 
the facility. This concept is handled in the definition with the 
following phrase: ``* * * if construction of the regulated source had 
commenced after the applicability date of the SOCMI NSPS.''
What Is a SOCMI CAR Unit?
    The basic unit for determining CAR applicability is the SCU. This 
new term is needed in order to clearly designate and describe the 
particular combination of emission points that are eligible to comply 
with the CAR. The definition of SCU is modeled after the definition of 
``chemical manufacturing process unit (CMPU)'' in the HON. The proposed 
CAR defines an SCU as the equipment assembled and connected by pipes or 
ducts to process raw materials and to manufacture an intended product. 
The definition goes on to explain that the basic component of an SCU 
is:
     A process vent subject to 40 CFR part 60, subpart III, 
NNN, or RRR (the referencing subparts that are NSPS for SOCMI process 
vents); or
     Equipment subject to 40 CFR part 60, subpart VV (the 
referencing subpart that is the NSPS for SOCMI equipment leaks);
     A CMPU that is subject to the SOCMI HON.

Without at least one of these basic components, there is no SCU. The 
SCU also includes storage vessels, transfer operations, and equipment 
leak emission points that are associated with an SCU and are also 
subject to a referencing subpart. The EPA reasoned that in making the 
CAR optional and thereby providing more flexibility to industry, they 
might increase the complexity of implementing the CAR for regulatory 
authorities. This is because inspectors would have to know all of the 
referencing subparts and the CAR, and also understand which rule the 
facility had chosen to comply with for each emission point. To offset 
this potential increase in complexity, EPA decided that facilities 
would have the option to comply with the CAR, but must do so at least 
on a process unit basis so as to include a significant portion of the 
facility.
    A process unit is a small enough collection of emission points and 
equipment to provide operational flexibility to the facility, but is a 
large enough collection to avoid confusion and undue burden for 
regulatory authorities. Furthermore, SOCMI facilities are typically 
managed on a process unit basis. Therefore, identifying process units 
and complying with the same monitoring, recordkeeping, and reporting 
requirements by process unit would be consistent with existing 
management activities. However, since the term ``process unit'' has 
many different meanings and connotations across the referencing 
subparts, EPA decided it would be better to define a new term for the 
CAR--SCU was chosen.
Assigning Equipment to a SOCMI CAR Unit
    All storage vessels, process vents, or transfer racks connected to 
or operating with an SCU are not necessarily part of that SCU. Whether 
or not particular emission points or equipment are part of an SCU is 
determined by the assignment procedures prescribed in the proposed CAR 
general provisions. Assignment procedures are prescribed for emission 
points that are commonly shared between SCUs; these include storage 
vessels, transfer racks, and distillation columns which have process 
vents. In general, these assignment procedures follow common sense 
decisions as to the primary purpose of the equipment. For example, if a 
storage tank is dedicated to an SCU, then it is clearly part of that 
SCU. Similarly, if the storage vessel is shared among SCUs and other 
process units, its predominant use determines its assignment. The 
assignment procedures are used to draw the SCU boundary lines at the 
plant site. They are modeled after the assignment procedures in the 
HON.
    An additional HON provision included in the CAR provides 
flexibility for equipment leak sources. If items of equipment (for 
example, pumps, valves, connectors) that are assigned to a particular 
SCU are managed by different administrative organizations from the rest 
of the SCU, those items of equipment may be reassigned to a similarly 
administered SCU.
    Many existing NESHAP also contain assignment procedures for 
determining applicability on a process unit basis. Under the CAR, 
therefore, for SCUs that are also one of the following types of process 
units, the boundary or defined limit of the SCU defaults to that 
established for the following types of process units:
     CMPU as defined in the HON,
     Elastomer product process unit (EPPU) as defined in 40 CFR 
part 63, subpart U;
     Thermoplastic product process unit (TPPU) as defined in 40 
CFR part 63, subpart JJJ;
     Petroleum refinery product process unit (PRPU) as defined 
in 40 CFR part 63, subpart CC.

Transfer operations will still need to be assigned to EPPUs, TPPUs, and 
PRPUs using the CAR's assignment procedures, since the rules in which 
these process units are defined do not include procedures for assigning 
transfer operations to process units.
    A CMPU that is subject to the HON is, by definition, an SCU. The 
other types of process units noted above (EPPU, TPPU, and PRPU) would 
be an SCU only if they include a process vent or equipment that is 
subject to one of the SOCMI NSPS referencing subparts (i.e., 40 CFR 
part 60, subpart III, NNN,

[[Page 57757]]

RRR, or VV), or that would have been subject to one of these 
referencing subparts had construction begun after the SOCMI NSPS 
subparts' respective applicability dates.
Opting To Comply With the CAR
    As shown on figures 2a and 2b, once the facility determines the SCU 
boundaries, the next consideration is whether or not compliance with 
the CAR is desirable for any part of the SCU. In making this decision, 
the facility must keep in mind that compliance with the CAR is allowed 
an SCU basis only. Therefore, if the facility operator decides that 
complying with the CAR would be beneficial for any part of the SCU (for 
example, the storage vessels), either all regulated sources of the SCU 
must comply with the CAR, or all must regulated sources continue to 
comply with their respective applicable referencing subpart. Within an 
SCU, owners or operators may not choose to comply with the CAR for some 
emission points while continuing to comply with the referencing 
subparts for other emission points. Furthermore, if a facility operator 
has chosen to comply with the CAR for a particular SCU, then all 
existing and new regulated sources that are subject to referencing 
subparts must comply with the CAR. This includes any future additions 
to the SCU or any changes that trigger new source requirements.
    In some circumstances, the CAR can apply to non-SOCMI emission 
points or equipment. The proposed CAR allows non-SOCMI emission points 
that are (1) subject to one of the referencing subparts, and (2) 
located at a plant site with an SCU that is complying with the CAR to 
also comply with the CAR. For example, a petrochemical plant containing 
one or more SCUs would also include a number of non-SOCMI emission 
points, such as petroleum or petroleum products storage vessels, or 
non-SOCMI benzene transfer racks. These non-SOCMI emission points would 
be subject to the same rules being consolidated for the SOCMI industry, 
such as 40 CFR part 60, subparts Ka, Kb, or Y, and 40 CFR part 61, 
subparts BB and V. Therefore, the source operator would be allowed to 
apply the CAR to any or all such affected non-SOCMI emission points, 
thus consolidating and simplifying an otherwise complex monitoring, 
recordkeeping, and reporting management system.
    The EPA wants to ensure that, if a facility chooses to implement 
the CAR, a significant portion of the facility is included. The EPA 
intends to encourage the use of the CAR but without causing confusion 
concerning applicability. By requiring, at a minimum, an entire SCU to 
implement the CAR before non-SOCMI points can opt in, a reasonable 
balance is established to allow non-SOCMI points into the CAR. The EPA 
decided that, if a facility has made the decision to use the CAR, it 
should have the additional benefit of using the CAR for other emission 
points or equipment at the facility that are subject to a referencing 
subpart. This is a logical decision since control equipment and closed-
vent systems often are shared among emission points or across SCU 
boundaries. In addition, EPA reasoned that this decision would 
facilitate implementation, because if more emission points are 
complying with the CAR at a facility, then fewer regulations will apply 
to the site, and fewer differences will exist in compliance, and 
recordkeeping and reporting methods used at the site.
    Furthermore, since this rule has been developed solely for the 
SOCMI, to allow compliance for individual emission points with no SOCMI 
sources at the same site would both complicate enforcement and make the 
success of the consolidation effort more difficult to assess.
    The general provisions of the CAR also allow a facility to cease to 
implement the CAR. In such cases, the regulated source becomes subject 
to the applicable referencing subparts. These procedures will be 
further discussed in section VI.B.

B. Structure of the CAR

    Because the CAR would consolidate existing regulations from 40 CFR 
parts 60, 61, and 63, a new part 65 was created to contain the 
consolidated rule. Part 65 will contain the SOCMI CAR, as well as any 
future rule that consolidates Federal air rules for other industries.
    The CAR has been developed as a set of subparts containing all the 
required elements relevant to a source owner or operator who chooses to 
comply with the CAR. Each subpart applies to a specific type of 
emission point or aspect of regulation. The general provisions (subpart 
A) address the administrative aspects of the regulation (for example, 
where to send reports, timing of periodic reports, definitions, how to 
request an alternative means of emission limitation), and those 
provisions which are widely applicable to all sources (for example, 
prohibitions and operation and maintenance requirements). Subpart C 
(storage tanks), subpart D (process vents), subpart E (transfer 
operations), and subpart F (equipment leaks) contain the compliance 
options and all the specific requirements for each of those types of 
emission points.
    Subpart G contains all the provisions on closed-vent systems and 
control devices, including testing, monitoring, data handling, 
reporting and recordkeeping, and CPMS provisions. This was created as a 
stand alone subpart because provisions in each of the referencing 
subparts for closed-vent systems and control devices are very similar. 
By consolidating all of these provisions, much overlap, duplication, 
and minor changes in monitoring, recordkeeping, and reporting will be 
eliminated, and the requirements will be standardized.
    Much consideration was given to the structure of the CAR. The EPA 
assessed the pros and cons of numerous options, but concluded the most 
workable approach is a modular CAR. This modular approach is designed 
such that once a source operator decides to comply with the CAR, all or 
most applicable provisions would be contained in the CAR. The source 
operator would not need to refer to the referencing subpart after 
applicability is established, unless specifically directed to do so in 
the CAR. For example, a process vent subject to 40 CFR part 60, subpart 
NNN (distillation NSPS) would be referred to subpart D of the CAR for 
applicable process vent requirements. If controls are required, the 
source would subsequently be referred to the CAR subpart G for closed-
vent systems and control devices, and would not need to refer further 
to subpart D. Subpart G, for closed-vent systems and control devices, 
contains all the provisions needed to comply if a vent is routed to a 
control device. As noted in section VI.B of this preamble, sources 
complying with the CAR are subject to the CAR's general provisions 
(subpart A) and also to a few clearly noted provisions in the general 
provisions to the referencing subparts.
    The CAR is also structured within each of the subparts to 
facilitate function and ease of use. The proposed CAR has been written 
with a more ``user-friendly'' approach, and the subparts more clearly 
delineate the requirements that would apply to each plant function. For 
example, the proposed storage vessel provisions contain distinct 
requirements for design, operation, inspection, and repair for each 
kind of storage vessel. This is intended to simplify tasks for the 
design group or the inspection group at the plant, and to avoid each 
group having to search the entire regulation for relevant requirements. 
The CAR's structure facilitates the consolidation of all recordkeeping 
and reporting activities into one system. Chemical plants subject to 
numerous NSPS and

[[Page 57758]]

NESHAP could combine multiple environmental management systems tracking 
multiple regulations into a single, simplified compliance effort.

V. Amendments to the Referencing Subparts

    Along with the proposed CAR, today's notice also proposes changes 
to the referencing subparts. The proposed changes add ``pointers'' in 
the applicability sections of each referencing subpart. (The 
referencing subparts are indicated in table 1.) The pointers specify 
which regulated sources may take advantage of the CAR and which 
subparts of 40 CFR part 65 apply to each type of emission point. This 
section of the preamble outlines the amendments to the referencing 
subparts and how EPA implemented the decisions regarding the CAR in the 
referencing subparts.

A. General Concepts

    The CAR uses the term ``regulated source'' to refer to whatever 
collection of equipment at a stationary source is regulated by a 
referencing subpart. For example, for 40 CFR part 60, subpart III, the 
regulated source is a process vent from an air oxidation unit; and for 
40 CFR part 60, subpart VV, the regulated source is defined as 
equipment components at a process unit. The term ``regulated source'' 
is defined in the proposed CAR and is used throughout the CAR to refer 
to all of the equipment and emission points that are regulated by the 
applicable referencing subparts at a plant site. The term is used 
throughout this preamble in the same way.
    The CAR does not alter applicability for any regulated source. In 
order not to alter the applicability of the referencing subparts, the 
pointer paragraphs are placed after the applicability paragraphs of the 
referencing subpart. Language such as ``storage vessels subject to this 
subpart'' is used in the pointer paragraphs to emphasize that only the 
emission points that are subject to the referencing subparts are 
eligible to comply with the CAR.
    It is important to note that this is also true for equipment 
subject to the equipment leak rules. The HON rule covers more equipment 
types (for example, agitators) than 40 CFR part 60, subpart VV and 40 
CFR part 61, subpart V. It is EPA's intention that facilities choosing 
to comply with the CAR in place of 40 CFR part 60, subpart VV or 40 CFR 
part 61, subpart V, but which are not subject to the HON, would comply 
with the CAR only for the equipment types subject to the applicable 
parts 60 and 61 rules. For example, the CAR's provisions for additional 
equipment types covered by the HON (for example, agitators) would not 
apply to sources referenced to the CAR from 40 CFR part 60, subpart VV 
only. This concept prevents equipment that was not subject to 
requirements under a referencing subpart from becoming subject to those 
requirements solely due to CAR implementation.
    Except for process vents, EPA decided to provide the CAR as a means 
of compliance only for emission points where emission reduction is 
required by the referencing subparts. The requirements for emission 
points where emission reduction is not required vary widely and are 
usually associated with establishing the applicability of the 
referencing subpart; examples of these requirements include records of 
vapor pressure for stored liquids, or records of the type of liquid 
transferred. These records are kept to show that any changes made have 
not caused an emission point to become subject to emission reduction. 
Therefore, with the exception of process vents as discussed below, only 
emission points subject to emission reduction under a referencing 
subpart are eligible to comply with the CAR. In addition, all efforts 
were made to not cross reference back and forth from the CAR to the 
referencing subparts; cross referencing would have been necessary to 
consolidate the requirements for emission points not subject to 
emission reduction.
    An exception was made for process vents, however; all process vents 
subject to a referencing subpart can use the CAR to comply. This 
decision was made because in the process vent rules, the applicability 
cutoffs that determine whether emission reduction is required are very 
similar. The CAR incorporates the total resource effectiveness (TRE) 
index value calculation and other parameters used to determine whether 
a process vent must be controlled, monitored, or neither.

B. Description of Amendments

    The main pointer paragraph in each referencing subpart specifies 
that an owner or operator may choose to comply with the CAR for all of 
the emission points that are part of an SCU and that require control 
under that subpart. Each main pointer paragraph specifies which 
requirements of the referencing subpart are satisfied by the CAR. The 
pointer refers to the applicability criteria so that only emission 
points subject to emission reduction are eligible to comply with the 
CAR, except for the process vent referencing subparts, as discussed 
above. The pointer paragraph also specifies the applicable subpart of 
the CAR. For example, a referencing subpart applicable to storage 
vessels would specify that 40 CFR part 65, subpart C can be used to 
comply.
    In 40 CFR part 61, subpart BB, the language clearly states that 
railcars and tank truck loading racks are eligible to use the CAR for 
compliance, but marine vessel loading racks are not eligible. The EPA 
decided not to include marine vessel loading in the CAR, because, at 
the time the scope of the CAR was determined, standards for marine 
vessels were not finalized. (Since the CAR scope was set, National 
Emission Standards for Marine Tank Vessel Loading Operations, 40 CFR 
part 63, subpart Y, were finalized.) Also, the rules for marine vessel 
loading racks are different enough from railcar and tank truck loading 
that it was not possible to consolidate these requirements with the 
railcar and tank truck requirements.
    Also proposed in most of the referencing subparts is a new 
paragraph labeled ``Alternative means of compliance--affected source 
basis.'' This provision specifies that an owner or operator may choose 
to comply with the CAR for emission points subject to emission 
reduction under the given referencing subparts that are not part of an 
SCU but are located at the same plant site as an SCU that is complying 
with the CAR; these are non-SOCMI emission points covered by a 
referencing subpart. This paragraph is not necessary for the 
referencing subparts that apply solely to the SOCMI (40 CFR part 63, 
subparts G and H, 40 CFR part 60, subparts III, NNN, RRR, and VV) 
because sources subject to one of these rules are, by definition, 
always a part of an SCU.
    It should be noted that the proposed amendments to 40 CFR part 61, 
subpart V specify that if an owner or operator chooses to have 
equipment at a process unit comply with the CAR for a process unit that 
is not in a SCU but that is located at the same plant site as an SCU 
complying with the CAR, then all of the equipment within that unit must 
comply with the CAR. The EPA decided that all the equipment at a 
process unit must comply because it would be too confusing for 
implementation if individual equipment was allowed to comply with the 
CAR.
    The proposed additions to the referencing subparts also specify 
that the CAR's general provisions, 40 CFR part 65, subpart A, supersede 
most of the provisions in the referencing subparts' general provisions 
(i.e., 40 CFR part 60, subpart A, 40 CFR part 61, subpart A, and 40 CFR 
part 63, subpart A). The provisions of the referencing subparts' 
general provisions that are not superseded are listed. These provisions

[[Page 57759]]

pertain to applicability, reconstruction, modification, and pre-startup 
activities. It is clarified that provisions which were required to be 
met prior to implementing the CAR remain in force. For instance, if a 
facility was required under the referencing subparts' general 
provisions to conduct a performance test, but the performance test had 
not been conducted, the facility would still be required to conduct the 
performance test even if it chooses to comply with the CAR. The 
facility would also be subject to any enforcement action that would 
apply for not meeting the requirements of the rule--the CAR does not 
rescind any past obligations.
    The proposed amendments also specify that opting to use the CAR is 
an ``all or nothing'' decision for the regulated sources contained in 
an SCU. They state that the owner or operator must also comply with the 
CAR for all emission points that are part of the SCU and that are 
subject to any of the referencing subparts. For example, if an owner or 
operator of an SCU has storage vessels in that SCU that are subject to 
the requirements of 40 CFR part 60, subpart Kb (the NSPS for Volatile 
Organic Liquid Storage Vessels), and that owner or operator decides to 
comply with the CAR for those storage vessels instead of subpart Kb, 
then all of the equipment, process vents, transfer operations, or 
storage vessels that are part of that SCU must comply with the 
requirements in the CAR.
    Additional amendatory language is added to subpart V of 40 CFR part 
61 because certain sources are referred to subpart V from 40 CFR part 
61, subparts F and J. Subparts F and J apply to equipment in vinyl 
chloride or benzene service, respectively. Therefore, the proposed 
amendments to 40 CFR part 61, subpart V specify that owners or 
operators of equipment subject to 40 CFR part 61, subparts F or J also 
may choose to comply with the CAR. All of the proposed amendments in 40 
CFR part 61, subpart V allowing the choice to comply with the CAR would 
also apply to 40 CFR part 61, subparts F and J sources. These 
provisions include choosing to comply with the CAR on an SCU basis for 
all equipment and emission points at an SCU, and choosing to comply 
with the CAR on a regulated source basis for equipment or emission 
points at the same plant site as an SCU complying with the CAR.
    The EPA is allowing the CAR compliance option for sources subject 
to 40 CFR part 61, subparts F and J primarily because these subparts 
refer subject sources to part 61, subpart V, and these sources are 
often part of SCUs. Non-SOCMI sources subject to subparts F and J can 
implement the CAR, but only if there is an SCU on site implementing the 
CAR.
    In addition to the proposed CAR-related amendments to 40 CFR part 
60, subpart VV and 40 CFR part 61, subpart V, several other amendments 
to these rules are being proposed with today's action. These additional 
proposed amendments are not necessary for implementation of the CAR; 
rather, they would update the rules to reflect current safety and 
clarity improvements for equipment leak rules. Section XI of this 
preamble provides details on these proposed amendments.

VI. Summary of the Proposed Rule and Significant Decisions in Rule 
Consolidation

A. Basis for the CAR (Optional Implementation)

    The CAR is being proposed as an optional compliance alternative. 
Several different approaches for the CAR were considered, including 
mandatory compliance for SOCMI sources subject to the consolidated 
subparts, with varying phase-in schedules. Different options were also 
explored that allowed optional compliance for some sources and 
mandatory for others. However, the optional compliance approach 
reflected in the proposed CAR optimizes the benefits for affected 
sources while assuring that stringency will not be compromised. The CAR 
provides significant benefits to sources, as described in this section 
and section X of this preamble, primarily through burden reduction, 
simplification, and clarification. Implementing agencies will realize 
complementary benefits in that, for sources complying with the CAR, 
compliance requirements will be simplified and clarified, records and 
reports will be considerably consolidated, and compliance determination 
will be more straight-forward. Because both the industry and 
enforcement personnel would be dealing with a single rule with 
consistent requirements, conflicting interpretations and 
misunderstandings should be reduced.
    On the other hand, despite the potential benefits of the CAR, if 
EPA were to make the CAR mandatory, a significant burden in the short 
term might be created as sources made the transition to the CAR. The 
EPA recognizes that some SOCMI plant sites subject to only one or two 
of the referencing subparts would derive limited or no benefit from the 
consolidated rule. Chemical plants with a small number of regulated 
emission points (for example, a few storage tanks) and a well-
established compliance plan could incur an added burden if required to 
become familiar with and implement the CAR. Some plants have data 
handling, monitoring, recordkeeping, and reporting systems in place for 
the requirements and format of the existing rules; the added initial 
cost to comply with the CAR could be significant compared to the 
benefit. The relative costs and benefits realized by plants would 
depend on several factors, including the size of the plant, the number 
of regulations that currently apply, the company's perception of 
benefits, and long-term burden reductions that would accrue from 
compliance with the CAR.
    In addition, if EPA were to make compliance with the CAR mandatory, 
it would create a conflict between maintaining current stringency 
levels and striving for simplicity and consolidation. To avoid 
increasing the stringency of applicable requirements for any affected 
source, the CAR would either have to consolidate at the lowest common 
denominator (i.e., least stringent provisions), or consist of a 
collection of provisions of different stringencies. The former solution 
is environmentally unacceptable, and the latter solution results in an 
overly complex rule that forfeits many of the benefits of 
consolidation.
    In order for the CAR provisions to be at least as stringent as the 
underlying rules and to also achieve complete consolidation, it was 
necessary to select the most stringent of the referencing subparts as 
the basis for the CAR. In this case, the HON was deemed to include the 
most stringent control options. Although several other referencing 
subparts contain the same control requirements (for example, for 
process vents), the HON provides additional compliance flexibility in 
many cases. This flexibility has been adopted in the CAR.
    The Agency concluded that the presumption of a mandatory CAR was 
inconsistent with a simplification. Sources can choose to implement the 
CAR or continue to implement the underlying subparts, depending on 
their situation and what they see as more advantageous.
    Enforcement representatives supported the simplicity of the CAR 
over the numerous existing rules. The benefit to enforcement personnel 
is not as great for an optional CAR as it would be for a mandatory CAR, 
since the implementing agency would still need to support 
implementation and enforcement of the underlying rules as well as the 
CAR. However, the implementation burden will be eased at

[[Page 57760]]

those sources that choose the CAR. In addition, sources implementing 
the CAR may increase their emission reductions since the CAR will be 
more stringent for some emission points.
    The EPA weighed the advantages and disadvantages of the various 
approaches and concluded that an optional CAR with one set of 
requirements would be the most workable and acceptable.
    As the development of the CAR proceeded, the provisions in each of 
the referencing subparts were carefully assessed for relative 
stringency as well as for the relative merits of the language and 
presentation of the requirements. The EPA concluded that the HON 
provided the best starting point for developing consolidated provisions 
for the CAR as an optional compliance mechanism. The HON was 
promulgated in 1994 (with several subsequent amendments) and reflects 
an improved understanding of control approaches for the SOCMI. 
Furthermore, the control provisions of the HON, in general, represent 
the most stringent and comprehensive pollution control requirements of 
the referencing subparts consolidated in the CAR. Therefore, they 
provide the most appropriate level of control for the CAR, given EPA's 
objective of not compromising stringency in consolidation. In addition, 
where the HON and another subpart apply to the same emission point, the 
HON requirements generally override those of the other subpart, with 
some exceptions.
    Over the years during which the referencing subparts were 
promulgated, EPA and the SOCMI have continuously enhanced their 
understanding of emission control technology for SOCMI sources. 
Development of the HON benefitted from this enhanced understanding and 
from significant industry input regarding the operation of SOCMI 
facilities. Because the HON was developed to reflect a refined approach 
to regulating the SOCMI, it reflects substantial burden reduction, 
clarity of language, and flexibility in compliance options.
    The EPA strives to continually reduce the compliance burden 
associated with regulations promulgated under the Act. As both EPA and 
State agencies have gained experience with and understanding of 
compliance and enforcement issues, EPA's regulatory approaches have 
evolved to incorporate more streamlined and flexible compliance 
approaches. The HON provisions include many elements of flexibility 
that substantially reduce the compliance burden. The HON language also 
makes explicit many requirements that are implied in the other 
referencing subparts. Such clarifications promote consistent compliance 
and enforcement and, in some cases, constitute a burden reduction by 
eliminating guesswork and uncertainty.
    While the HON reflects an updated approach to SOCMI regulation, 
many of the basic elements of the referencing subparts are still very 
similar to the HON. For storage vessels, the provisions in 40 CFR part 
60, subpart Kb and 40 CFR part 61, subpart Y are very similar to the 
corresponding HON provisions (40 CFR part 63, subpart G). The most 
significant differences among storage vessel provisions occur between 
the HON and 40 CFR part 60, subpart Ka. However, there are markedly 
fewer sources subject to subpart Ka than to the other storage vessel 
subparts consolidated.
    Likewise, the HON's provisions for process vents are very similar 
to those in all of the consolidated process vent rules. In fact, the 
performance standards are virtually the same across all consolidated 
process vent regulations. The CAR's provisions for transfer operations 
consolidate 40 CFR part 61, subpart BB and the HON transfer operation 
provisions (40 CFR part 63, subpart G). The HON provisions provide 
increased compliance flexibility over subpart BB without compromising 
stringency.
    Equipment leak provisions in the CAR are also based on the HON 
language but include some significant improvements. These improvements 
do not change stringency but enhance the simplicity, clarity, and 
``user-friendliness'' of the provisions. Subpart G of the CAR, the 
closed-vent system and control device provisions, represents a 
different approach to the order and presentation of regulatory 
requirements. While the CAR subpart G is based on the HON's language, 
its organization and structure are different in that the closed-vent 
system and control device requirements for all emission points (i.e., 
storage, transfer, process vents, and equipment leaks) with associated 
closed-vent system and control devices are all presented in one 
consolidated subpart.
    While the HON has provided a good starting point for the CAR, the 
consolidation effort included substantial modification to some of the 
HON language as well as important additions and deletions. Many of the 
modifications are clarifications of HON language or changes that 
incorporate CAR terminology. All provisions in each of the referencing 
subparts were assessed and compared for consolidation. In some cases, 
language from a referencing subpart other than the HON was deemed more 
appropriate for the CAR. The following sections of this preamble (VI.B 
through VI.H) provide a detailed description of each subpart of the CAR 
and the significant decisions regarding (1) changes to HON language, 
and (2) the ramifications of using the HON language for sources 
referenced from 40 CFR parts 60 and 61. Also noted are instances where 
language from referencing subparts other than the HON is used.

B. General Provisions

    The part 65 general provisions consolidate the general provisions 
applicable to SOCMI sources from subparts A of 40 CFR parts 60, 61, and 
63. In addition, provisions in the HON, 40 CFR part 63 subparts, F and 
G, that are general in nature are also consolidated in the part 65 
general provisions. These particular provisions are designated in the 
HON as overriding the corresponding requirements in the part 63 general 
provisions. These overriding provisions apply to SOCMI sources and 
therefore were consolidated in the proposed CAR general provisions. 
(The HON overrides are listed in table 3 of 40 CFR part 63, subpart F).
    The consolidated general provisions focus on administrative aspects 
and broad requirements that are generally applicable to all sources 
complying with the CAR, such as definitions, operation and maintenance 
requirements, general recordkeeping and reporting procedures, and 
compliance determination. Also included are administrative provisions 
concerning availability of information, state authority, delegation, 
circumvention, addresses for report submittal, and incorporation by 
reference. Although the general provisions to the referencing subparts 
contain provisions regarding add-on control equipment, testing, and 
monitoring, these types of requirements are consolidated in the CAR's 
subpart G as described in section III.B of this preamble.
    Consolidated general provisions for the CAR eliminate much of the 
complexity of the general provisions to the HON. In the CAR general 
provisions, an ``override'' table for general provisions, such as that 
in the HON, is not necessary, since all applicable provisions have been 
brought into, or are referenced in, the CAR. All of the applicable 
provisions that are general in nature are contained in one CAR subpart, 
eliminating the complexity inherent in the HON where general 
requirements are contained in three different subparts (40 CFR part 63 
subparts A, F, and G). Non-applicable requirements have been 
eliminated. For example, no continuous emissions

[[Page 57761]]

monitoring system (CEMS), opacity, or particulate matter provisions are 
included in the CAR since they are not applicable, thus reducing the 
amount of text that must be read and understood.
    Although every effort has been made to make the CAR a stand-alone 
rule, as noted in section IV above, there are certain requirements in 
the general provisions to the referencing subparts that are not 
addressed in part 65 and that still remain applicable to sources 
complying with the CAR. Requirements dealing with pre-startup 
activities, applicability, modification, and reconstruction are still 
governed by the underlying general provisions in 40 CFR parts 60, 61, 
and 63. The part 65 general provisions include a table (table 1 of 40 
CFR part 65, subpart A) specifying the paragraphs and sections in each 
part's general provisions that still apply to sources complying with 
the CAR. Since the CAR does not alter the applicability of any of the 
underlying subparts, these general provisions regarding applicability 
must also remain applicable.
    In addition, owners and operators who choose to comply with the CAR 
are still obligated to fulfill requirements that applied while they 
were complying with a referencing subpart. For example, if a facility 
is required by a referencing subpart to complete a performance test, 
opting to comply with the CAR does not remove the requirement to 
conduct a performance test or protect the source from enforcement 
actions for not completing the test.
    Discussion in the following paragraphs highlights the primary 
differences between the general provisions for the proposed CAR and 
those for the referencing subparts.
Applicability
    Regulated sources may comply with the CAR only if they are subject 
to one of the referencing subparts and are specifically referenced to 
part 65. Further discussion of eligibility to comply with the CAR and 
how the eligibility is presented in the referencing subparts is 
contained in sections IV.A and V of this preamble, respectively.
    The applicability provisions also include requirements for 
implementation of the CAR. An implementation schedule is required and 
must be established either through a title V permit application or 
permit modification for title V sources, or in the Initial Notification 
of Part 65 Applicability for non-title V sources. In either case, the 
implementation schedule can not extend for more than 3 years, and the 
provisions prohibit any gaps in compliance between complying with the 
referencing subpart and implementing the CAR. A maximum of a 3-year 
implementation period is allowed because there will be some facilities 
that will need time to install equipment or otherwise prepare for 
compliance with the CAR for some individual emission points. In these 
cases, the facility can begin taking advantage of many of the burden 
reductions by complying with the CAR for most emission points while 
preparing for compliance for a few emission points. These few emission 
points would continue to comply with the appropriate referencing 
subpart. Many facilities will be able to comply with the CAR with few 
adjustments or additions at their facility, and a 3-year implementation 
schedule will not be necessary.
    As described above in section IV.A, new sources that become subject 
to a referencing subpart must consult the applicability provisions in 
that referencing subpart to determine eligibility to comply with the 
CAR. New regulated sources (for example, storage vessels or 
distillation vents) that are part of an SCU that is complying with the 
CAR would also have to comply with the CAR, or the entire SCU 
(including the new regulated source) would have to opt not to comply 
with the CAR. For new sources choosing upon startup to comply with the 
CAR instead of the applicable referencing subpart, the implementation 
date is at initial startup.
    The proposed CAR also provides for owners or operators deciding to 
no longer comply with the CAR and to comply, instead, with the 
applicable referencing subpart(s). Title V sources must propose a 
transition date in a title V permit amendment; non-Title V sources may 
propose a transition date in a periodic report or in a separate notice. 
The provisions requiring compliance on an SCU basis would still apply, 
and owners or operators must make the transition to the referencing 
subparts for an entire SCU, not for individual emission points. The 
transition must ensure that no gaps in compliance occur; the SCU must 
be in full compliance at all times with either the CAR or the 
applicable referencing subparts.
Definitions: General
    The CAR consolidates the definitions from the 12 referencing 
subparts, 40 CFR part 63, subpart F and the general provisions of 40 
CFR parts 60, 61, and 63 into one definition section. In developing the 
definitions for the CAR, EPA assessed all of the definitions in the 
referencing subparts and all of the definitions in the applicable 
general provisions. Many terms defined in the CAR have been defined in 
one or more of these subparts. In some cases, slight variations exist 
in definitions for which no substantive difference was intended. The 
EPA recognized that multiple definitions for the same term or phrase 
has led to confusion in the past. Therefore, a single set of 
definitions was developed for implementing the CAR and is included in 
the proposed general provisions.
    Since the HON language provides the basis for the CAR, the HON 
definitions are used in the CAR for most terms. However, definitions 
have been added or modified in the CAR for several reasons. New terms 
have been defined either to reduce wordiness and redundant language, or 
to designate a single term to replace many similar terms from all the 
referencing subparts. In some cases, definitions from the HON have been 
modified to improve clarity or to make requirements more explicit. A 
few terms in the CAR are taken from referencing subparts other than the 
HON.
    The goal of consolidating definitions in the CAR general provisions 
was to provide clear definitions and to avoid using different words to 
mean the same thing. The more recent SOCMI rules elaborate on 
definitions to avoid misinterpretation or implementation problems that 
arose in earlier rules. The newer definitions expand and elucidate, but 
they do not change the original intent of the rule. The more 
significant definition changes and additions are noted as follows.
Definitions: New
    Several terms not defined in any of the referencing subparts or 
their general provisions are introduced in the CAR. Some of these terms 
incorporate important concepts that need to be defined for the CAR; 
these include the following.
    A new definition for ``empty or emptying'' for storage vessels was 
added for clarification. This definition helps to clarify when a 
storage vessel is considered empty. In particular, lowering the stored 
liquid level so that a floating roof rests on its legs, as necessitated 
by normal operations, is not considered emptying. Further discussion of 
issues associated with the emptying of storage vessels is presented in 
the Storage Vessel section of this preamble (section VI.C).
    A new definition for ``low throughput transfer racks'' was added to 
clarify requirements for these racks that are subject to the closed-
vent systems and control device requirements. Low throughput transfer 
racks require a

[[Page 57762]]

design evaluation, while high throughput transfer racks require a 
performance test.
    The term ``closed-vent system shutdown'' was added to the CAR to 
distinguish a shutdown affecting a closed-vent system from a shutdown 
affecting a process unit. Different requirements apply for process unit 
shutdowns and for closed-vent system shutdowns, and the two terms 
therefore need to be distinguished.
    Several new terms were added to the CAR to provide a single general 
term to replace several different terms used in the referencing 
subparts. These include the following.
    Definitions for ``regulated material,'' ``in regulated material 
service,'' and ``regulated source'' were created for the CAR to 
generalize the pollutant [volatile organic compounds (VOC), total 
organic compounds (TOC), hazardous air pollutants (HAP), etc.] and the 
source (affected facility, affected source, etc.) being regulated. The 
referencing subparts specify the regulated pollutant(s) and define the 
source, either in the title of the standard or in the applicability 
provisions prior to referring sources to the CAR. Therefore, while the 
term used in the CAR is new, pollutants and sources regulated in the 
referencing subparts do not change in the CAR.
    ``Process unit'' and ``process vent'' are defined in the CAR to 
encompass the definitions from all of the referencing subparts. The 
definition of ``process unit'' includes the equipment specified by the 
definition of ``chemical manufacturing process unit'' in the CAR. The 
CAR also provides a definition for the ``process unit'' which is to be 
used when there is no definition for the term in the referencing 
subpart.
    ``SOCMI CAR Unit'' was added to the CAR definitions to describe the 
boundary of the entity subject to the CAR. A detailed discussion 
concerning SCUs is included in section IV.B of this preamble.
    Other new terms were defined in the CAR to reduce wordiness or 
redundancy. A new definition for ``control system'' was added to 
simplify language referring to control devices and their associated 
closed-vent system. A control system is simply the combination of a 
closed-vent system and a control device. Using a single term to include 
both closed-vent systems and control devices simplifies the language.
    Three new definitions were added to describe internal and external 
floating roof failures: ``failure, EFR'', ``failure, IFR type A'', and 
``failure, IFR type B.'' Two new definitions were added to describe 
which process vents require monitoring and which ones do not: ``Group 
2A process vents'' and ``Group 2B process vents.'' Adding these 
definitions avoids having to repeat lengthy text describing the 
specific floating roof failures or the two types of Group 2 process 
vents each time they are referred to in the regulation.
Definitions: Modified HON Definitions
    Many of the definitions incorporated from the HON have been 
modified, primarily for clarity of language or to specify the 
particular types of emission points (for example, equipment leaks) to 
which a term applies. The modifications to the HON definitions are 
described as follows.
    To comply with the HON process vent requirements, an owner or 
operator has several compliance options, one of which is to collect and 
route process vent emissions to a control device. There are two broad 
categories of control devices, combustion devices (such as a boiler or 
incinerator) and recapture devices (such as a condenser or absorber). 
Absorbers, condensers, and carbon adsorbers are often used as recovery 
devices designed to return recovered material to the process; if the 
recovered material from these devices is disposed of, then the device 
qualifies as a recapture device and can be used as a control device.
    The HON contains similar definitions for ``control device'' in both 
subparts F and G. The CAR definition is based on the HON definitions, 
which include language stating that for process vents in general, a 
product recovery device can not be used as the control device if the 
owner or operator is complying by routing emissions to a control 
device. Recovery devices are equipment normally used for the purpose of 
recovering chemicals for fuel value, use, reuse, or for sale; control 
devices, on the other hand, are equipment that reduce emissions of 
regulated material to the atmosphere through combustion or some other 
means.
    The CAR includes additional language in the control device 
definition clarifying that some particular recovery devices can be 
considered control devices. This requirement is the same in the HON, 
however, the HON does not clarify it in the control device definition. 
In summary, a recovery device is allowed to be considered a control 
device for process vents if (1) it was installed prior to 1993, (2) it 
is the last recovery device before venting to the atmosphere, (3) it is 
capable of meeting the 98 percent reduction standard, but it is not 
capable of achieving the 20 parts per million (ppm) standard, and (4) 
the recovery device must comply with control device requirements if the 
recovered material is disposed. The use of recovery devices with 
process vents is further discussed in section VI.E of this preamble.
    In the definition of ``equipment,'' the CAR includes new language 
clarifying that the definition applies only to equipment leak 
provisions. The word ``equipment'' is used in a more general sense in 
other subparts.
    The CAR definition of malfunction differs from the HON in that it 
includes monitoring equipment as equipment to which the malfunction 
provisions apply. The HON definition of malfunction incudes air 
pollution control equipment, process equipment, or a process, but does 
not include monitoring requirement.
    In the definition of ``open-ended valve or line,'' the reference in 
the HON definition to ``pressure relief valves'' was changed to simply 
``relief valves'' since it is intended to also include relief valves 
that do not necessarily relieve pressure.
    The definition of ``organic monitoring device'' is taken from the 
HON but has been modified to clarify that an organic monitoring device 
can be used at locations other than at an exiting recovery device.
    Process heaters and boilers both are types of enclosed combustion 
devices. General requirements for enclosed combustion devices, as well 
as specific requirements for process heaters versus boilers, are 
contained in the CAR. When comparing the process heater definitions in 
the referencing subparts confusion exists as to which enclosed 
combustion devices are process heaters and which are boilers. The 
``process heater'' definition in the CAR is based on the HON 
definition, but the phrase ``enclosed combustion'' is added for 
clarity. In addition, the CAR adds language specifically including 
heating water as a secondary function of a process heater. The HON 
definition could have been interpreted to exclude heating water as a 
function of process heaters.
    In the CAR, the HON definition of ``recapture device'' was modified 
to clarify that, for purposes of monitoring, recordkeeping, and 
reporting, recapture devices are subject to the same provisions as 
recovery devices. The same sentence was added to the definition of 
``recovery device'' to reinforce this clarification.
    The definitions of ``repair'' and ``first attempt at repair'' are 
very similar to the HON definitions but were modified in the CAR to 
clarify that the definitions apply to equipment leak requirements

[[Page 57763]]

and not to other emission points such as storage vessels.
    Similarly, the definition of ``set pressure'' is from the HON 
subpart H but is clarified in the CAR to specify that it applies only 
to equipment leak provisions.
    ``Routed to a process or route to a process'' is defined as it is 
in the HON subpart H, except that in the CAR the phrase ``by hard-
piping or a closed-vent system'' is deleted. Emissions vented to a 
process are not considered to be vented through a closed-vent system 
and therefore are not subject to the closed-vent system requirements. 
This change is made for clarification and consistency with the CAR's 
use of the closed-vent system terminology, and it does not affect the 
intent or the regulatory requirements. Striking ``by hard-piping'' 
allows flexibility in the types of equipment (i.e., ductwork) that can 
be used to route to a process.
    The CAR's definition of ``closed-vent system'' is taken from the 
definition in subpart G of the HON, but changes were also made to this 
definition to help clarify which equipment is included in a closed-vent 
system and, therefore, subject to the closed-vent system requirements. 
The CAR definition of closed-vent system excludes systems that 
transport gas or vapors back to a process. Under the CAR, a closed-vent 
system is a system routing vapors to a control device; piping that 
routes vapors back to a process is not considered a closed-vent system. 
The CAR definition of ``closed-vent system'' also has additional 
language added to exclude vapor collection systems that are part of a 
tank truck or rail car, and to clearly describe where the system begins 
on transfer racks. It should be noted that the phrase ``open to the 
atmosphere'' does not include air or inert gas intakes for systems 
where gas make-up is needed to prevent pulling a vacuum.
    The CAR definition of ``run'' for a performance test combines the 
definitions from the general provisions of 40 CFR parts 60, 61, and 63. 
As such, it adds language to the HON definition clarifying that a run 
may be either intermittent or continuous, within the limits of good 
engineering judgement.
    The definition ``temperature monitoring device'' is changed in the 
CAR to require an accuracy of 1.2 degrees Celsius, as 
opposed to 0.5 degrees Celsius in the HON. The EPA 
believes, based on investigations undertaken in this effort, that 
temperature monitoring devices with the 1.2 degrees Celsius 
accuracy are more widely available, are in place at more plant sites, 
and are adequate for demonstrating compliance.
    The definition of ``total resource effectiveness index value or TRE 
index value'' as defined in the HON was modified in the CAR to better 
describe the purpose of the index. This modified definition is 
considered more useful for compliance purposes.
    The definition of ``total organic compounds'' is similar to the 
definitions in the referencing subparts. One aspect of the definition, 
however, could not be consolidated. Total organic compounds, or TOC, is 
a term in the TRE index value equations. As discussed in more detail 
under the process vent section (see section VI.D), the TRE index value 
determination cannot be consolidated because of the different 
approaches presented in the HON and the non-HON process vent 
referencing subparts. To maintain the necessary distinction for TRE 
index value determinations, the TOC definition in the CAR states that, 
for the non-HON referencing subparts, TOC does not include compounds 
``that the Administrator has determined do not contribute appreciably 
to the formation of ozone.''
    A few definitions in the CAR are taken from referencing subparts 
other than the HON because the terms are not defined in the HON. These 
include, for example, ``distance piece'' from 40 CFR part 60, subpart 
VV and ``stuffing box pressure'' from 40 CFR part 61, subpart V. These 
are useful terms in the CAR and definitions for them are considered 
helpful for understanding equipment leak provisions.
    As HON definitions were incorporated into the CAR, some editing was 
required to remove references to specific provisions in the HON. 
Generally, the references to HON provisions were edited to refer to the 
corresponding provision in the CAR, or in some cases, the definitions 
were edited to incorporate the meaning or context of the referenced 
provision. For example, a definition for ``initial startup'' has been 
developed for the CAR to specify the point of initial startup for 
various cases and situations. This definition encompasses all of the 
different situations described in the referencing subparts that entail 
an ``initial startup.'' These include new or reconstructed sources as 
well as certain specified additions or changes not defined by the 
referencing subparts as a new source. The CAR definition of ``initial 
startup'' incorporates the description of additions and changes from 
Sec. 63.100(l) and (m) of the HON that would trigger an ``initial 
startup.''
Definitions: Changes to Definitions of 40 CFR Parts 60 and 61
    The use of HON definitions as the basis for the CAR implies changed 
definitions for sources referred from the other referencing subparts. 
In general, these differences do not constitute substantive changes to 
the rule, but provide improvements in clarity and simplification of 
requirements. For example, some of the CAR terms, while not defined in 
the part 60 and 61 referencing subparts or their general provisions, 
are used in their regulatory language (for example, initial startup). 
Other terms defined in the CAR introduce new concepts that were not 
needed in the part 60 and 61 referencing subparts. For example, the CAR 
provides new means of compliance such as fuel gas systems and vapor 
balancing systems; therefore, these terms are defined in the CAR. 
However, most of the differences in definitions between the CAR and the 
non-HON referencing subparts result from the CAR incorporating a HON 
definition that is different from the corresponding non-HON definition. 
The more significant definition changes relative to the non-HON 
referencing subparts are as follows.
    The CAR incorporates the HON definition of ``alternative test 
method'' which requires that alternative test methods be validated 
using Method 301 of appendix A of 40 CFR part 63. Method 301 
validation, a more recently developed approach unavailable to older 
rules, is not required by the non-HON referencing subparts. The EPA now 
uses Method 301 to validate proposed alternative test methods. 
Therefore, requiring its use by the regulated source simply ensures 
consistency in evaluating alternative methods, and will codify what is 
already being done.
    In 40 CFR part 60, subpart DDD and 40 CFR subpart 61, subpart BB, 
the definition of ``car seal'' includes the regulatory requirement to 
replace a broken car-seal with a new seal. In general, definitions are 
not appropriate locations for enforceable requirements. Therefore, the 
CAR adopted the definition from the HON and 40 CFR part 60, subpart 
RRR. The requirement for replacing broken car-seals is included in the 
closed-vent system provisions of subpart G of the CAR.
    The CAR's definition of ``closed-vent system'' is taken from the 
definition in subpart G of the HON but has additional language added to 
exclude vapor collection systems that are part of a tank truck or rail 
car, and to clearly describe the system boundaries for transfer racks.

[[Page 57764]]

The CAR definition differs from those found in 40 CFR part 60, subparts 
III, NNN, and RRR with respect to this clarification for vapor systems.
    The CAR includes the definition of ``continuous parameter 
monitoring system'' from part 63. This term replaces the ``monitoring 
device'' definition in part 60 and is used for consistency; it does not 
constitute a change in monitoring requirements.
    The CAR's definition of ``connector'' is taken from the HON and 
explicitly excludes certain types of connectors that are included under 
the definitions of ``connector'' in 40 CFR part 60, subpart VV and 40 
CFR part 61 subpart V. The CAR excludes joined fittings that are welded 
completely around the circumference and, for purposes of recordkeeping 
and reporting, inaccessible fittings and ceramic or ceramic lined 
fittings.
    ``Halogenated vent stream or halogenated stream'' is defined in 40 
CFR part 60, subparts III, NNN, and RRR based on parts per million by 
volume (ppmv) of halogenated compounds in the stream (20 ppmv or 
greater). The CAR incorporates the HON definition, which defines a 
halogenated stream on the basis of mass emission rate of halogen atoms 
(0.45 kilograms per hour). Further discussion of issues associated with 
determination of halogenated vent streams is included in section VI.D 
of this preamble.
    The CAR definition of ``liquids dripping'' is taken from the HON 
subpart H. It is more explicit than the definitions in 40 CFR part 60, 
subpart VV and 40 CFR part 61, subpart V in that it includes examples 
of what constitutes indications of liquids dripping.
    ``Process unit shutdown'' is defined in all of the referencing 
subparts for equipment leaks. The CAR uses the definition from the HON 
subpart H, which differs from the other referencing subparts in 
clarifying when a process unit shutdown has occurred. The CAR 
definition explicitly states that a process unit shutdown has occurred 
only when (1) the shutdown is planned, (2) it occurs under appropriate 
safety constraints, and (3) repairs can be effected. Furthermore, a 
``process unit shutdown'' has not occurred if the shutdown is (1) 
unplanned, and (2) lasts for too short a time for process material to 
be cleared from the process unit, and results in greater emissions than 
would occur with delay of repair.
    The CAR definitions of certain control devices include several 
changes relative to the referencing subparts. The basic definition of 
``boiler'' is similar across all the process vent referencing subparts. 
However, the definition in 40 CFR part 60, subpart RRR and the HON 
contain additional language stating that ``boiler'' does not include 
incinerators. The HON definition also states that ``boiler'' does 
include industrial furnaces. The CAR definition includes both these 
additions (incinerators are not boilers, industrial furnaces are 
boilers) as well as a third addition stating that process heaters are 
not boilers.
    The CAR's definition of ``incinerator'' is unmodified from the HON. 
The definition in 40 CFR part 60, subparts III and NNN, and 40 CFR part 
61, subpart BB specifically state that an incinerator ``does not 
extract energy in the form of stream or process heat.'' However, the 
CAR definition clarifies that there can be a recovery section to an 
incinerator as long as it is a separate section that is not 
manufactured or assembled as a single unit with the combustion section. 
The CAR definition also clarifies, relative to subparts DDD and III 
that an incinerator can use auxiliary fuel to heat waste gas.
    The CAR definition of ``process heater'' provides a similar 
clarification that, although heating water can not be the primary 
function of a process heater, heating water or generating steam can be 
a secondary function.
    The definitions of ``repair'' and ``first attempt at repair'' are 
consistent with those in 40 CFR part 60, subpart VV and 40 CFR part 61, 
subpart V, but they include additional language from the HON stating 
that monitoring to verify repair is required as part of the repair.
    The definition of ``start up'' is taken from the HON. It clarifies 
what is included in ``start-up'' definitions in parts 60 and 61 by 
specifying some examples of equipment and activities included in start 
up.
Compliance With Standards and Operation and Maintenance Requirements
    In Sec. 65.3, the CAR general provisions consolidate provisions 
regarding compliance with operation and maintenance requirements. These 
provisions are consistent with the provisions in 40 CFR part 63. The 
main source of burden reduction and clarity improvements for these 
provisions lies in the fact that provisions contained in 40 CFR part 63 
subparts A, F, G, and H have been consolidated in one location. Small 
wording changes were made for clarity and to modify text to fit the CAR 
structure. For example, the HON states that use of acceptable operation 
and maintenance procedures can be determined based on (among other 
things) a startup, shutdown, and malfunction plan. The CAR provisions 
clarify that the startup, shutdown, and malfunction plan is optional 
for equipment leaks, unless the equipment is equipped with a control 
device, in which case a startup, shutdown and malfunction plan is 
required. The startup, shutdown and malfunction plan would be used to 
determine acceptable operation and maintenance procedures only in cases 
where such a plan is required. Other clarifying language consists of 
more descriptive paragraph titles and introductory sentences clearly 
indicating which standards are addressed in each subsection.
    The CAR's provisions on compliance are also organized differently 
from the HON. The CAR contains all compliance requirements together at 
the beginning of this section (Sec. 65.3), and moves the detailed 
requirements for performance tests and the startup, shutdown, and 
malfunction plan (which are included within the HON compliance section) 
to their own separate subsections. With this arrangement, provisions in 
the CAR are easy to locate by section and subsection headings.
    In reviewing the operation and maintenance provisions for 
consolidation, EPA noted that the HON does not specify that monitoring 
must be conducted during startup, shutdown, and malfunction. Of course, 
if the monitor itself is malfunctioning, monitoring would not be 
required, assuming that any minimum data availability requirements are 
met. While the HON makes reference to monitoring data for periods of 
startup, shutdown, and malfunction in the provisions regarding 
excursions that occur during such periods, there are no explicit 
requirements that such monitoring take place. Therefore, in the CAR, 
EPA explicitly requires that monitors must be in operation except when 
they are malfunctioning or except to avoid damage caused by 
contemporaneous startup, shutdown, or malfunction with other equipment. 
The EPA's discussions with industry representatives indicate that there 
have been differing interpretations regarding monitoring during 
startup, shutdown, and malfunction, but that requirements to monitor 
during these periods would not substantially increase the monitoring 
burden. Without data from periods of startup, shutdown, and malfunction 
EPA can not determine the extent of an exceedance where normal 
operation has been misidentified as a startup, shutdown, or 
malfunction. Nor would EPA have the data to compare the effectiveness 
of techniques to minimize emissions during such episodes. As a result, 
monitoring data for periods of

[[Page 57765]]

startup, shutdown, and malfunction are considered essential and are 
explicitly required in the CAR.
    The EPA has also clarified what provisions do not apply during 
startup, shutdown, and malfunction. The HON broadly states that the 
provisions of 40 CFR part 63, subparts F, G, and H do not apply during 
startup, shutdown, and malfunction. This has been clarified in the CAR 
to specify that it is the emission standards and established parameter 
ranges that do not apply during startup, shutdown, and malfunction. The 
EPA reasoned that this more specific reference more accurately reflects 
the intent of the rule.
Recordkeeping
    The recordkeeping section of the CAR general provisions sets forth 
basic requirements related to duration of records retention, and 
availability and accessibility of records. Again, a primary benefit of 
these provisions is that they merge all the general recordkeeping and 
reporting provisions for all regulated sources into one place. While 
the requirements are substantially the same as those in the HON, burden 
reductions are achieved through simplification, clarification, and 
elimination of redundancy.
    The CAR requirements for records retention are clearer than those 
in the referencing subparts in that they explicitly state record 
retention times for title V sources (5 years) and non-title V sources 
(2 years, unless a referencing subpart specifies otherwise.) While the 
5-year retention time for title V sources applies for all records 
required under the Act, retention time for title V sources is not 
stated explicitly in the 40 CFR part 60 and 61 general provisions.
    The provisions for where the retained records must be kept is one 
of very few instances in the CAR where the requirements are not 
consolidated. In this case, two different provisions are given: one 
that applies to sources that are subject to the HON and a second 
provision that applies to sources subject to the 40 CFR parts 60 and 61 
referencing subparts. The provision that applies to HON sources is from 
the HON. It states that records must be retained on site for 6 months 
and must be accessible within 2 hours. For the remaining 4 and \1/2\ 
years, the records may be retained offsite. The provision that applies 
to the 40 CFR parts 60 and 61 sources states that records must be 
retained on site for 2 years, but may be retained off site for the 
remaining 3 years. The HON provision resulted from the settlement 
agreement for the HON litigation. The EPA considers it important to 
retain this provision as revised under the litigation for HON sources. 
For this provision, EPA considers that it is not appropriate to expand 
the applicability beyond the HON. The EPA is concerned that allowing 
records to be stored offsite after 6 months will make it difficult for 
an inspector to determine compliance. Under the HON, EPA has allowed 
records to be taken off site after 6 months to determine how well this 
approach works and to assess whether any inspection issues arise. At 
this time, EPA does not have sufficient information to warrant 
expanding the scope of this provision. Therefore, a different provision 
is provided for non-HON referencing subparts.
Reporting
    The reporting requirements in the CAR general provisions pertain to 
reports that are required for all or most complying sources. 
Notifications and reports that are specific to particular emission 
points are addressed in the subparts for each particular type of 
emission point. The general provision reporting requirements include a 
Notification of Initial Startup, an Initial Notification of Part 65 
Applicability for non-title V sources, and an Initial Compliance Status 
Report.
    Notification of Initial Startup is required within 15 days after 
initial startup for any regulated source that has implemented the CAR 
at initial startup. The notification under the CAR is similar to the 
initial notification in the referencing subparts.
    Initial Notification of Part 65 Applicability is the only new 
separate report required in the CAR. It is required for non-title V 
sources and must include identification of each subject emission point 
and its applicable part 65 subpart, and a proposed implementation 
schedule. As an alternative to ``identifying each emission point,'' the 
process unit containing the emission points can be identified along 
with the kind of emission point in the process unit that will comply. 
Title V sources are not required to submit this notification since this 
information would be included in their title V permit application or 
modification request.
    The Initial Compliance Status Report is required for all new 
regulated sources complying with the CAR and is due within 240 days 
after the applicable compliance date set in the referencing subpart, or 
60 days after the initial performance test, whichever is earlier. The 
contents of the Initial Compliance Status Report pertain primarily to 
performance tests and are different for each type of emission point. 
The reporting requirements are therefore specified in the applicable 
subpart. Since sources may be required to conduct more than one 
performance test, the CAR allows the information on each performance 
test to be submitted separately, 60 days after each test is completed. 
The CAR allows more time to submit the performance test than the 
referencing subparts because the CAR will affect more emission points 
at a facility. The EPA deemed it appropriate to allow more time to 
complete all of the performance tests and reports.
    The general provisions reporting requirements also specify the 
timing and frequency of periodic reports. Only semiannual periodic 
reports are required. The CAR has clarified and simplified when the 
periodic reports are due and what the reporting period is. The CAR 
allows more time (60 days after the end of each 6-month period) for 
periodic reports than the NSPS general provisions (30 days), because 
the combined report required by the CAR will be larger and will take 
more time to prepare. The CAR's periodic reports, like those in the 
HON, cover multiple emission points; the 60 day reporting date is taken 
from HON.
    The CAR has greatly simplified the language regarding report 
submittal. The CAR's provisions on where to send reports are based on 
the HON, but reduce six paragraphs of text to one short paragraph. The 
HON requires that all reports be sent to EPA Regional Offices, and also 
to State agencies once authority has been delegated to the State. Since 
reports generally must now be sent to both offices under title V, the 
CAR simply requires that all reports be submitted to the relevant 
Regional Office and State agency. The CAR also includes a new provision 
allowing Regional Offices to waive reporting to EPA.
    Another new provision in the CAR allows an owner or operator to 
submit semiannual reports on the same schedule as the title V periodic 
reports. Furthermore, if a semiannual report requires the same 
information as that submitted with a title V report, the semiannual 
report need only reference the title V report for the information. In 
addition, a source owner or operator can arrange with the Administrator 
a common schedule for reporting, and may, upon approval, adjust the 
postmark or time period deadline to coincide with state reporting 
schedules. This added flexibility for reporting schedules can reduce 
the number and frequency of report submittal for sources complying with 
the CAR.

[[Page 57766]]

Startup, Shutdown, and Malfunction
    In general, owners and operators choosing to comply with the CAR, 
including non-HON sources, are required to develop and implement a 
written plan for operating and maintaining the source during periods of 
startup, shutdown, and malfunction. These provisions are based on the 
startup, shutdown, and malfunction requirements from the 40 CFR part 63 
general provisions and the HON (Secs. 63.151 and 63.152 of 40 CFR part 
63, subpart G). Changes have been made to fit the CAR format, but the 
intent and purpose of the startup, shutdown, malfunction plan have been 
maintained as in part 63. As with the HON, this plan is optional for 
equipment complying with subpart F of the CAR (the equipment leak 
provisions), except that it is mandatory for equipment equipped with a 
control device. However, any control devices used for compliance with 
the equipment leaks provisions are subject to subpart G of the CAR, 
rather than subpart F, and therefore require a written plan for 
startup, shutdown and malfunction.
    The general provisions for parts 60 and 61 do not require a 
startup, shutdown, and malfunction plan. However, the ultimate effect 
of the CAR plan is to reduce the reporting burden associated with 
startup, shutdown and malfunction. As long as a startup, shutdown, or 
malfunction is handled according to the plan, sources need only report 
that the event occurred. The report can be submitted as a semiannual 
notice, or it can be submitted as part of the periodic report. This 
procedure replaces the part 60 and 61 requirements to submit detailed 
reports for each startup, shutdown, and malfunction. Therefore, even 
though the plan must be maintained, the CAR potentially reduces the 
total number and complexity of the reports.
    The CAR does not adopt the 40 CFR part 63 general provision 
requirement that the startup, shutdown, and malfunction plan be 
incorporated into the source's title V permit. In keeping with the 
memorandum ``Incorporation of Startup, Shutdown, Malfunction Plans into 
Sources' Title V Permits'' from the Director of OAQPS to Regional Air 
Directors (January 18, 1996), regarding incorporation of the startup, 
shutdown, and malfunction plan into title V permits, the CAR clarifies 
that the plan must be maintained on-site but not necessarily 
incorporated by reference into a title V permit. The permit must, 
however, include the enforceable requirement to have a plan and to 
maintain the plan on-site. Since the plan is required to be 
periodically updated, incorporation by reference would make a title V 
permit modification necessary for each revision to the plan and would, 
therefore, be counter-productive.
    The CAR also contains revised provisions regarding reasons for 
finding a startup, shutdown, malfunction plan to be inadequate and 
requiring that it be revised. Plans are considered inadequate under the 
HON if they fail to provide for the operation of the regulated source 
during startup, shutdown, and malfunction to minimize emissions to at 
least the levels required by all relevant standards. However, EPA 
decided that emissions during startup, shutdown, and malfunction, while 
needing to be minimized in accordance with good air pollution control 
practice, can not always be minimized to the levels required by the 
standards. It is impractical, as well as contradictory with other 
provisions, to expect sources to continually meet applicable emission 
standards while experiencing a startup, shutdown, or malfunction. Plans 
under the CAR must only provide that emissions be minimized to the 
extent practical in a manner consistent with good air pollution control 
practices.
    Although the provisions of 40 CFR 63.6(e)(1)(i) of subpart A are 
not included in the CAR, these provisions are likely to be required in 
future rulemakings. These provisions state:

    At all times, including periods of startup, shutdown, and 
malfunction, owners or operators shall operate and maintain any 
affected source, including associated air pollution control 
equipment, in a manner consistent with good air pollution control 
practices for minimizing emissions at least to the levels required 
by all relevant standards.

The HON, as it was revised by 62 FR 2721, January 17, 1997 specifically 
overrides this provision of the part 63 general provisions. The CAR 
incorporates the HON provisions because it is the simplest approach 
that upholds the language negotiated in the HON litigation settlement, 
and EPA has applied it to part 60 and part 61 sources for simplicity 
and consistency. It should be noted that the HON, through the general 
provisions [40 CFR 63.6(e)(3)(vii)(B)], requires that the startup, 
shutdown, and malfunction plan include provisions specifying how an 
owner or operator will ``provide for the operation of the source 
(including associated air pollution control equipment) during a 
startup, shutdown, or malfunction event in a manner consistent with 
good air pollution control practices * * *'' The CAR incorporates this 
provision. The HON also requires that during a startup, shutdown, and 
malfunction ``* * * the owner or operator shall implement, to the 
extent reasonably available, measures to prevent or minimize excess 
emissions to the extent practical.'' This provision acts to replace the 
provisions of 40 CFR 63.6(e)(1)(i) of subpart A in the HON and the CAR. 
However, EPA believes that explicitly requiring operation consistent 
with good air pollution control practices at all times is not 
unreasonable and is likely to continue to be required in future 
rulemakings.
    Certain provisions in the part 63 general provisions regarding 
immediate reporting of periods of startup, shutdown, and malfunction 
have not been included in the CAR. These provisions require an 
immediate report of any actions taken during a startup, shutdown, or 
malfunction that are not consistent with the startup, shutdown, or 
malfunction plan. The EPA determined that such reports appear to be 
inconsistent with provisions from subpart G of the HON requiring that 
such actions be reported in the periodic report rather than an 
immediate report. The CAR incorporates the provisions from the HON 
subpart G, since they require reports that are sufficient to ensure 
continuous compliance and are potentially less burdensome. The CAR also 
allows startup, shutdown, and malfunction reports, title V periodic 
reports, and CAR periodic reports to be submitted together.
    A semi-annual summary report of the occurrences and durations of 
each startup, shutdown, and malfunction during which excess emissions 
occur is required by the CAR general provisions. The report is the 
companion to the records specified in Secs. 65.162(a) and 65.163(c) of 
the CAR, which not only require records of occurrences and durations, 
but also provide for other records associated with startup, shutdown, 
and malfunction (such as a record that the procedures in the startup, 
shutdown, and malfunction plan were followed). The summary report is 
required if, during a semi-annual reporting period, (1) the total 
duration of periods of inoperation or malfunction of a CPMS is equal to 
or greater than 5 percent of the total operating time for the reporting 
period, or (2) the total duration of periods of startup, shutdown, and 
malfunction during which excess emissions occur for a regulated source 
are equal to or greater than 1 percent of that regulated source's 
operating time for the reporting period. This summary report is 
included in the startup, shutdown, and malfunction report, which can be 
included in the periodic report. The HON does not

[[Page 57767]]

specify that this information be submitted with the startup, shutdown, 
and malfunction report. The EPA considers this an important addition to 
the start-up, shutdown, and malfunction provisions, because it would 
highlight when a startup, shutdown, and malfunction condition exists 
for a significant amount of time, and would also indicate a condition 
that happens frequently during a semi-annual period. Nevertheless, this 
is a substantial burden reduction from the referencing NSPS, which 
require detailed reports on the causes of excess emissions and summary 
reports when the total duration of excess emissions for the reporting 
period is less than 1 percent of the total operating time for the 
reporting period, and when CPMS downtime is less than 5 percent of the 
total operating time for the reporting period.
Waivers and Alternatives
    The CAR consolidates the mechanism for requesting alternatives and 
waivers for monitoring, recordkeeping, and reporting. These provisions 
describe what is required of the applicant, and the procedures for 
approval or denial of the alternative or waiver. The CAR specifically 
allows alternatives for recordkeeping as well as monitoring, while the 
referencing subparts general provisions specify alternative monitoring 
methods only.
    The CAR also includes procedures for requesting approval of an 
alternative means of emission limitation for design, equipment, work 
practice, or operational standards, as do specific subparts in part 60, 
the part 61 general provisions, and the HON. The CAR's language is 
based on language from the HON, subpart F, but the CAR clarifies that 
alternative means of emission limitation are not applicable to 
performance standards. Performance standards do not specify a means to 
limit emissions, so any means is already acceptable.
    The CAR general provisions include consolidated administrative 
requirement sections on ``Availability of Information and 
Confidentiality,'' ``State Authority,'' ``Prohibited Activities and 
Circumvention,'' and ``Incorporation by Reference.'' The CAR includes 
minor wording changes and clarifications to the part 63 language; for 
example, in the prohibitions provisions, the prohibition on failing to 
report is eliminated and replaced throughout the CAR with the specific 
requirements to report.

C. Storage Vessel Provisions

    The storage vessel provisions consolidate the requirements of 40 
CFR part 60, subparts Ka (petroleum liquids storage) and Kb (volatile 
organic liquids storage), 40 CFR part 61, subpart Y (benzene storage), 
and 40 CFR part 63, subpart G (HON storage). The referencing subparts 
will direct storage vessels to subpart C of the CAR, which specifies 
the compliance options for storage vessels. Subpart C contains the 
control requirements for floating roofs only. Subpart C references 
subpart G for the control requirements for control devices (including 
flares) and routing to a process or fuel gas system. This split in 
requirements facilitates consolidation and reduces text. For example, 
the flare provisions do not have to be listed in multiple places in the 
CAR. This structure clarifies and simplifies the referencing subparts 
which may present the flare requirements on different bases, in 
different formats, and in multiple locations (including the individual 
general provisions).
    There are several compliance options for storage vessels, but not 
all storage vessels qualify for all options. Owners and operators of 
storage vessels containing liquid with a low (less than 76.6 kilo-
Pascal) maximum true vapor pressure have the option to comply by using 
an internal floating roof (IFR), external floating roof (EFR), or an 
EFR converted into an IFR. Storage vessels under the CAR equipped with 
floating roofs are only required to comply with the provisions in 
subpart C of the CAR. However, there are other control options 
available to all storage vessels, including: (1) routing emissions 
through a closed-vent system to a flare or control device, and (2) 
routing emissions to a process or fuel gas system. Those vessels 
equipped with a closed-vent system or that have emissions routed to a 
process or fuel gas system must also comply with subpart G of the CAR. 
For those vessels, subpart C specifies a 95 percent reduction control 
efficiency for control devices and it provides for 240 hours per year 
downtime for planned routine maintenance of flares or control devices. 
In addition, subpart C clarifies that the performance requirements for 
flares and control devices do not apply during planned routine 
maintenance or control system malfunctions.
    An allowance for downtime for planned routine maintenance of 
control devices is contained in both 40 CFR part 61, subpart Y and the 
HON. The downtime allowance is included in the CAR in subpart C, while 
an associated record is required with the other control device records 
in subpart G. The 40 CFR part 60, subparts Ka and Kb do not include 
this allowance.
    Subpart Y of 40 CFR part 61 and the HON storage vessel provisions 
provide downtime for planned routine maintenance for all storage vessel 
control devices. The HON allows 240 hours per year and subpart Y allows 
72 hours per year. The EPA believes that for SOCMI storage vessels, it 
is acceptable to allow 240 hours per year downtime for routine 
maintenance for control devices, thus providing operational flexibility 
without creating a significant potential for environmental degradation. 
The EPA maintains that it may be appropriate for storage vessels 
associated with other industries to be allowed less downtime depending 
on the use and maintenance activities of the industry.
New CAR Structure and Other Significant Changes From the HON
    This section identifies the rationale and benefit of the structure 
of the CAR storage vessel provisions. It also outlines the significant 
differences between the storage vessel provisions in the referencing 
subparts and those in the CAR. In some cases, the CAR clarifies the 
language adopted from the HON; in others, HON concepts have been 
extended to the other storage vessel rules. While the CAR incorporates 
the HON storage vessel provisions, the CAR provisions have been 
structured to better match procedures and operations at a plant. The 
CAR structure is a new approach to all of the referencing subparts. At 
a plant site, the personnel responsible for designing or re-designing 
storage vessels are not typically the same personnel responsible for 
operating the vessels. Likewise, different personnel are in charge of 
inspecting vessels, and they may not be the same personnel that repair 
the vessels. In addition, plant environmental staff may be in charge of 
keeping records and making reports although they have no other storage 
vessel responsibilities.
    Based on industry suggestions, the provisions for IFRs and EFRs are 
organized into design, operation, inspection, repair, and recordkeeping 
and reporting requirements. This more closely reflects how plant 
personnel actually function in complying with the referencing subparts 
and the modular format is clearer for each audience. Storage vessel 
operators, for example, do not necessarily need to be familiar with the 
inspection requirements.
    The CAR also clarifies the storage vessel requirements of the 
referencing subparts by specifying how floating roofs should be 
monitored. While the HON provisions, which form the basis of CAR 
provisions, require only annual inspection of floating roofs, industry 
representatives were concerned that the

[[Page 57768]]

requirement in each of the referencing subparts that IFRs and EFRs must 
float at all times implies that continuous monitoring is required; 
however, no explicit provisions are provided for demonstrating 
continuous compliance. The EPA does not consider continuous monitoring 
necessary to ensure that roofs remain floating at all times; EPA 
considers annual observation to be adequate. The CAR requires that 
roofs be inspected for floating status during an annual inspection and 
at any other time the roof is viewed. This clarification was deemed 
necessary to provide a practical means to ensure that IFRs and EFRs 
float at all times, and it provides a means of achieving the 
environmental protection intended by the referencing subparts in a 
manner that is potentially less burdensome to the industry.
    Another clarification to the referencing subparts incorporated into 
the CAR is the operating requirement to empty a tank whenever the roof 
is resting on the leg supports. All the storage vessel referencing 
subparts state that when the roof rests on the leg supports, the 
process of filling, emptying, or refilling the vessel shall be 
continuous and accomplished as soon as possible. This has been 
interpreted to mean that the liquid level in a vessel can be dropped 
below the leg level only when the vessel is to be completely emptied. 
This can result in either: (1) an effective ``loss'' of available tank 
capacity if the owner or operator maintains the level at an adequate 
margin above the leg supports to prevent fluctuations without resting 
the roof on the legs, or (2) a requirement to completely empty the 
vessel if fluctuations lower the liquid level below the leg level. 
Emptying a vessel would increase the vapor space between the roof (as 
it rests on the leg supports) and the liquid level, thus increasing 
emissions. Emptying a vessel can also result in significant expense in 
maintaining extra tanks or barges to handle the emptied liquid.
    The intent of the provision in the referencing subparts is to 
prevent the liquid level from rising and falling while the roof is 
resting on the supports. While the roof is on the supports, 
fluctuations in the liquid level generate emissions by increasing the 
vapor space between the roof and the liquid level as the liquid level 
falls, and then pushing these vapors out of the vessel as the level 
rises. Emissions are minimized if the vapor space is minimized. Not 
requiring emptying the tank if the liquid level falls below the roof 
supports would minimize the vapor space. Emissions are also minimized 
when the liquid level is raised during a continuous fill to a point 
where the roof is again floating, without an intervening drop in the 
liquid level. The CAR language is a revision of the language in the 
referencing subparts which requires only that once the roof is resting 
on the legs, the process of filling or refilling must be continuous and 
done as soon as practical. The CAR definition of ``empty'' or 
``emptying'' is also clarified to specify that when the liquid level 
drops below the roof supports during normal operation, the event is not 
considered emptying. Therefore, none of the provisions that must occur 
upon emptying are triggered. (The note in the HON provisions to this 
effect is not needed with the clarifications in the CAR.)
    Since resting the roof on its leg supports while the tank is in 
service is not a common occurrence, this revision is unlikely to 
significantly affect emissions, but the revision provides operational 
relief to the owner or operator when unforeseen inventory problems 
force the liquid level to drop below the leg supports. It should be 
noted that a new recordkeeping requirement has been created to document 
when this occurs [Sec. 65.47(e)]. However, the benefits of added 
operating flexibility and of the clarified language, which helps avoid 
interpretation conflicts, far outweigh the slight additional burden of 
creating a new record.
    Another significant burden reduction for storage vessels concerns 
time extensions for repair and for seal gap measurements of unsafe 
vessels. Under several of the referencing subparts, a vessel is 
required to be repaired within 45 days if failures (as defined for 
storage vessel floating roofs) are found during the vessel inspection. 
If the vessel cannot be repaired within 45 days, a single extension of 
up to 30 days to empty the vessel and remove it from service may be 
requested from the Administrator. The provisions in the proposed CAR 
allow up to two extensions of up to 30 calendar days each without prior 
Administrator approval. The source operator is only required to 
document the basis for the extension and retain records of repairs and 
report them in the next periodic report. Extending the exemptions from 
the HON to all storage vessels complying with the CAR creates a 
consistent approach to compliance. Allowing extensions for repair 
creates operational flexibility without significantly affecting 
emissions.
    The CAR also incorporates the HON's more flexible provisions for 
instances where performing seal gap measurement may be unsafe. The 
source operator is allowed up to two extensions of up to 30 days each 
to empty and remove a vessel from service once it is determined to be 
unsafe. The referencing subparts other than the HON do not include 
special provisions for instances where performing seal gap measurements 
would be unsafe. Allowing extensions for safety purposes incorporates 
that latest ``common sense'' approach to seal gap measurement 
procedures.
    The concept of an EFR converted into an IFR is contained in the HON 
but is not included in the other storage vessel referencing subparts. 
No additional requirements are specified in the HON. Instead, it 
clarifies which EFR requirements and which IFR requirements apply to 
these storage vessels. The CAR incorporates this clarification by 
including a special section for converted storage vessels. The section 
points out which provisions should be followed, but does not otherwise 
contain additional requirements. This clarification incorporates the 
most current approach to control and better represents situations that 
can occur in the industry.
Other Changes From the Referencing Subparts
    Several burden reducing changes were made to the recordkeeping and 
reporting provisions for storage vessels. The changes from the 
referencing subparts create a consolidated program that will increase 
clarity and compliance while reducing industry burden. These changes 
are discussed below.
    The proposed CAR provides for 90 days as the time within which gap 
measurements would be required once a vessel that had been out of 
service for over 1 year is refilled. The HON and 40 CFR part 61, 
subpart Y also allow 90 days; however, 40 CFR part 60, subparts Ka and 
Kb specify 60 days. Therefore, the 90 day allowance would provide a 
burden reduction for part 60 storage vessels complying with the CAR.
    The timing of reports for storage vessels has been standardized in 
subpart C of the CAR. For both the prior notice of gap measurements and 
notice of vessel filling or refilling, the CAR retains the same 30-day 
requirement included in each of the referencing subparts. However, the 
CAR requires results of defect inspections, seal gap measurement 
results, and seal gap exceedences to be reported in the periodic 
semiannual report, as they are in the HON. These reports in 40 CFR part 
60, subparts Ka and Kb, and 40 CFR part 61, subpart Y are required 
either 30

[[Page 57769]]

or 60 days after the inspection, depending on the regulation. The CAR's 
consolidated submittals provide a reporting burden reduction for 40 CFR 
part 60, subparts Ka and Kb, and 40 CFR part 61, subpart Y sources.
    Notifications for refilling a vessel that has been emptied and 
notifications prior to seal gap measurement of EFR's are required as in 
the HON. However, where these notifications are also sent to a State or 
local agency, a copy to EPA is not required. In reviewing the use of 
these notifications, EPA determined that the States and local agencies 
used the reports to observe refilling in cases where they are the 
delegated authority. The State or local agency may also waive these 
notifications.
    The proposed CAR provisions require less information for seal gap 
measurement reports than the HON does. For example, for EFR seal gap 
measurements, sources would not be required to report raw data or 
calculations of each measurement, as specified in the HON provisions. 
Only the result of the gap measurement calculations that indicate 
noncompliance are required under the CAR; vessels with seal gap 
measurements that are in compliance need only be listed. Because the 
more detailed raw data would still be retained as an onsite record, EPA 
believes that reporting it would be unnecessary.
    Records of inspections have also been streamlined in the proposed 
CAR. For example, 40 CFR part 60, subpart Kb requires sources to record 
the condition of each component inspected. The CAR requires only a 
record that the inspection has been performed on a specific vessel, the 
date of inspection, and a reference to the type of inspection 
performed. These records could consist of a simple checklist of subject 
storage vessels with dates entered for particular inspections 
performed. The proposed CAR requires a description of the condition of 
a component only if a problem is detected.
Additional Requirements Resulting From the Consolidated Program
    This section details the provisions of the CAR that are based on 
the HON language and that introduce changes to the other referencing 
subparts. These changes, which may impose additional burden, primarily 
to subpart Ka tanks, as detailed below, should be considered in 
relation to all the positive advantages of consolidating the design 
requirements as well as those previously discussed for storage vessel 
complying with the CAR.
    The requirements for storage vessels previously complying with 40 
CFR part 60, subpart Ka are significantly different under the CAR. 
These differences primarily include design requirements for floating 
roofs and the allowance for a vapor mounted seal for an EFR. Modeled 
after the HON provisions, the CAR design specifications require a 
secondary seal above a vapor mounted seal for an IFR, and they do not 
allow vapor mounted seals for an EFR. Subpart Ka of 40 CFR part 60 
allows vapor mounted seals for EFRs and does not specify types of seals 
for IFRs. In general, it is expected that storage vessels subject to 40 
CFR part 60, subpart Ka will require upgrading in order to comply with 
the CAR's floating roof design requirements.
    Other differences include the CAR's requirements for seal gap 
measurement and IFR inspection and repair procedures. Owners and 
operators with storage vessels subject to 40 CFR Part 60, subpart Ka 
are required to have ``no gaps'' in the secondary seal, but the rule 
does not provide any explicit procedures for determining compliance. 
The CAR's explicit procedures provide clarity. Likewise, the CAR's 
explicit requirements for repair procedures and time frames are now 
included for storage vessels previously complying with 40 CFR part 60, 
subpart Ka. Similarly, subpart Ka of 40 CFR part 60 does not specify 
any IFR inspection or repair provisions. The explicit CAR provisions, 
based on the HON, are new to sources subject to 40 CFR part 60, subpart 
Ka. Another design requirement that would be new to these storage 
vessels is the CAR provision requiring that covers on the roof be 
gasketed.
    Design requirements for guide poles are found in the HON and are 
used in the CAR. The CAR requires gasketed caps on unslotted guide 
poles (except for antirotational devices equipped with a welded cap) 
and gasketed floats (or other devices) on slotted guide poles. Both of 
these requirements are new to 40 CFR part 60, subparts Ka and Kb and 40 
CFR part 61, subpart Y.

D. Process Vent Provisions

    The process vent provisions consolidate the process vent 
requirements of 40 CFR part 60, subparts III (air oxidation process 
vents), NNN (distillation vents), and RRR (reactor vents), and part 63, 
subpart G (HON process vents). The process vents subpart in the CAR, 
subpart D, provide significant opportunity for consolidation because 
the process vent referencing subparts are similar in their structure 
and requirements.
    Subpart D of the CAR contains all the provisions for the 
performance standards; determining if control, monitoring, or neither 
is required; TRE index value determinations; process changes; and 
monitoring, reporting, and recordkeeping for vents that comply without 
the use of either a recovery or control device. Vents that comply by 
using recovery or control devices are also subject to subpart G of the 
CAR for further provisions regarding operation, monitoring, 
recordkeeping and reporting for control and recovery devices. This 
section discusses subpart D of the CAR; section V.G and H discuss 
subpart G of the CAR.
Language Clarification and Consolidation
    This section presents the rationale and use of some of the 
terminology used in the process vents subpart of the CAR. It points out 
the initial confusion or repetitive language in the referencing 
subparts as well as the changes proposed in the CAR. The control 
requirements for vents are the same across all the referencing subparts 
and each also has provisions for using TRE index values for classifying 
vents into three categories, as follows: control required, no control 
required but monitoring required, or no control required and no 
monitoring required. While the performance standards for vents are the 
same in the referencing subparts, the language used to describe the 
three vent classifications is not. The 40 CFR part 60 rules use long 
text descriptions that cite TRE index value, concentration, and flow 
rate to describe each vent classification every time the language 
refers to a vent classification. The HON uses ``Group 1'' and ``Group 
2'' to distinguish process vents where control is and is not required, 
but the HON also uses long descriptions whenever Group 2 is mentioned 
to describe if monitoring is required or not. These different 
approaches not only create confusion but also significantly expand the 
language.
    The CAR expands on the HON terms that describe each vent 
classification by establishing nomenclature for each classification. 
Process vents where control is required are referred to as ``Group 1.'' 
Process vents where control is not required but monitoring is required 
are referred to as ``Group 2A.'' Process vents where neither control 
nor monitoring are required are referred to as ``Group 2B.'' This 
change allows for less overall text and makes the rule easier to read 
and understand, thereby resulting in better compliance and facilitating 
enforcement. The consistent terminology for these vents throughout the 
CAR also reduces confusion in recordkeeping and reporting and makes 
classification of specific vents easier.

[[Page 57770]]

The remainder of this section will refer to process vents by using the 
Group 1, Group 2A, and Group 2B terminology to indicate the vent 
classification specified by the CAR or by the referencing subparts.
Consolidation of Requirements
    This section discusses which process vent provisions and approaches 
in the referencing subparts were consolidated to create the CAR process 
vent subparts. The significant changes, including discussions of the 
rationale and benefits of the changes, are highlighted below.
    The consolidated requirements for process vent group determination 
is summarized in table 2. Several vent characteristics (TRE index 
value, flow rate, and concentration) are used in the referencing 
subparts to determine group status. However, variability exists across 
the referencing subparts in the values that are used for these 
characteristics. Where possible the CAR has consolidated these criteria 
to propose a rule that is consistent for all vents.

                                                   Table 2.--The CAR Process Vent Group Determinations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Group assignment
  Vent stream characteristic  --------------------------------------------------------------------------------------------------------------------------
                                                1                                         2A                                         2B
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total resource effectiveness   1.0                      >1.0 to 4.0                                      >4.0.
 (TRE).
                               and                                 and                                              or
Flow rate....................  0.011 scmm               0.011 scmm                            <0.011 scmm.
                               and                                 and                                              or
Pollutant concentrationa.....  300 ppmv TOC             300 ppmv TOC                          <300 ppmv TOC.
                               50 ppmv HAP              50 ppmv HAP                           <50 ppmv HAP.
Control......................  Control required                    No control; monitor required                     No control and no monitoring.
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Process vents subject only to 40 CFR part 60 subpart III or 40 CFR part 63, subpart G are not eligible for the 300 ppmv TOC concentration cutoff.
  Process vents subject to 40 CFR part 63, subpart G are eligible for the 50 ppmv HAP concentration cutoff. Process vents subject to only the 40 CFR
  part 60, subparts are not eligible for the 50 ppmv HAP concentration cutoff.

    Each of the process vent subparts being consolidated used a TRE 
index value to determine group status. The 40 CFR part 60 rules and the 
HON use similar parameters (for example, flow rate, heating value) but 
different coefficients in the equations, yielding different TRE index 
values. The CAR contains a single equation along with accompanying 
tables containing all the needed coefficients. The coefficients vary 
depending on process vent stream parameters and the referencing part 
(HON or NSPS). The single equation eliminates the need to duplicate in 
the CAR many pages of equations from the referencing subparts. While 
the new equation looks different from those in the referencing 
subparts, it yields the same TRE index values and, therefore, does not 
change any applicability determinations.
    The different coefficients for the HON and the NSPS rules are 
necessary to avoid altering the stringency of the referencing subparts. 
The TRE index equations essentially are used to determine whether or 
not a particular vent stream is cost-effective to control (in terms of 
cost per unit of pollution reduced). The coefficients of the TRE 
equation vary because source category specific decisions were made 
pertaining to acceptable levels of cost-effectiveness in each rule. 
Consolidating to a single set of coefficients would change the TRE 
index value and, therefore, change the applicability criteria of the 
referencing subparts.
    There are some minor differences among the referencing subparts in 
the provisions regarding the numerical levels for TRE index value, flow 
rate, and concentration that are used in determining group status 
(Group 1, Group 2A, or Group 2B).
    Group 2A vents are required to monitor certain parameters to ensure 
that the TRE index value remains above 1.0 (a TRE index value of less 
than 1.0 indicates that control is required). Two of the referencing 
subparts, 40 CFR part 60, subparts NNN and RRR, specify a TRE index 
value criterion of 8.0, below which monitoring is required; these are 
Group 2A vents. The two other referencing subparts have a Group 2A TRE 
index value criterion of 4.0. Statistically, there is a chance that the 
actual TRE index value could fluctuate during normal operation to less 
than 1.0 if the calculated TRE is less than the Group 2A criterion. 
This is why monitoring is required for Group 2A process vents (i.e., to 
ensure that the TRE index value does not fall below the 1.0 criterion).
    After reviewing the development history of these cutoffs for each 
rule, EPA determined that the probability of the TRE fluctuating from a 
value in the range of 4.0 to 8.0 to less than 1.0 is small compared to 
the probability of it fluctuating from a value in the range of 1.0 to 
4.0 to less than 1.0. In the CAR, EPA proposes a TRE index value cutoff 
of 4.0 for consistency. Thus, vents with TRE index values greater than 
4.0 (i.e., Group 2B) would not have to monitor. This consolidation 
would result in no impact on emissions because the vents in question 
were never subject to control requirements; they were only subject to 
monitoring requirements.
    The low flow rate criterion for Group 2B status was similarly 
consolidated in the CAR. The cutoffs in the referencing subparts range 
from 0.005 standard cubic meters per minute (scmm) in the HON to 0.008 
scmm in 40 CFR part 60, subpart NNN to 0.011 scmm in 40 CFR part 60, 
subpart RRR. Subpart III of 40 CFR part 60 does not contain a low flow 
rate criterion. The EPA proposes to use 0.011 scmm in the CAR. Based 
upon an analysis of EPA's process vent database, EPA concluded that the 
population of process vents with a flow rate between 0.005 and 0.011 
scmm would be very small. This data analysis is documented in more 
detail in the following memorandum available in the Docket: ``Process 
Vent Applicability Criteria,'' from Greg DeAngelo, Eastern Research 
Group, to Rick Colyer, EPA, dated July 17, 1998. In the case of air 
oxidation vents (i.e., those subject to 40 CFR part 60, subpart III), 
EPA believes that no vents will have flow rates below 0.011 scmm 
because of the high flow rates in the vent streams from these unit 
operations.
    The low concentration cutoff for Group 2B status also was 
consolidated. Based on an analysis of EPA process vent database, EPA 
considered it appropriate to extend the 300 ppmv TOC low concentration 
cutoff from 40 CFR part 60, subpart RRR to subpart NNN sources, but did 
not apply the cutoff to subpart III sources. Air oxidation process 
vents subject to 40 CFR part 60, subpart III can have low

[[Page 57771]]

concentrations but very high flow rates that could potentially result 
in significant mass emissions of regulated pollutant even at low 
concentrations. The 50 ppmv HAP concentration cutoff was retained for 
40 CFR part 63, subpart G sources because the concentration cutoff is 
in terms of HAP and no direct, consistent relationship can be 
established between HAP and TOC emissions given the many different 
types of processes across the industry.
    Another concept that was taken from the HON and used in the CAR is 
the procedures for monitoring a Group 2A process vent that meets the 
Group 2A criteria without the use of a recovery device. In other words, 
the process vent has the characteristics of a Group 2A process vent 
``naturally,'' without the addition of a recovery device. In this case, 
because the standard monitoring parameters for recovery devices do not 
apply, the CAR specifies that the owner or operator should determine 
the appropriate parameters to monitor. Under this case-by-case 
determination, the proposed monitoring parameters, monitoring schedule, 
and recordkeeping and reporting procedures would be submitted to the 
Administrator for approval and then become the provisions for the 
process vent. This concept is a clarification to the part 60 rules, 
which do not address process vents that are Group 2A ``naturally.''
Engineering Assessment
    The CAR allows the use of engineering assessment in lieu of testing 
to determine vent characteristics. Engineering assessment is allowed 
when determining vent stream flow rate and concentrations and TRE index 
value for verifying Group 2B status. Halogenated vent stream status can 
also be determined using engineering assessment. Compared to testing, 
engineering assessment is a less burdensome approach to determining 
vent stream characteristics. Allowing engineering assessment for 
verifying Group 2B status does not decrease environmental protection 
because any process vent with an estimated TRE index value between 1.0 
and 4.0 must be tested and is potentially subject to control. Using 
engineering assessment for process vents with a TRE index value above 
4.0 also allows facilities to focus attention on vents where control or 
monitoring is expected to be required.
    Engineering judgement is allowed in the process vent referencing 
subparts of part 60 only for TRE index value determination after a 
process change is made, but it is not allowed for the initial 
determination of vent characteristics. Also, the specifications 
included in the CAR of what an engineering assessment entails, and the 
examples of engineering assessment, are not in the process vent NSPS.
    The HON does not allow the use of engineering judgement for the 
initial determination of concentration and flow rate to verify Group 2B 
status. These vents would have to be tested to evaluate the 
concentration or flow rate. The CAR allows engineering assessment for 
the initial determination of low concentration and flow rate. The EPA 
has determined that engineering assessment is appropriate for these low 
concentration and/or low flow rate streams. This assessment is 
available for review by an inspector who can always request that a test 
be conducted if needed.
Other Burden Reductions
    There are several other minor provisions based on HON provisions 
that are consolidated in the CAR for consistency, simplicity, or to 
provide burden reduction. They are discussed below.
    As in all the referencing subparts, the CAR requires that the group 
status of the process vent must be evaluated whenever a process change 
is made. The part 60 rules list examples of process changes, and these 
lists are similar to the examples in the HON, except that the HON list 
includes changes in production rates as an example of a process change. 
The CAR includes production rate changes as examples of process 
changes.
    Likewise, the CAR includes the HON provisions regarding where to 
locate the sampling site for purposes of determining the vent stream 
characteristics. The CAR approach essentially specifies that the 
sampling site should be located after the last recovery device but 
prior to the control device inlet (and prior to release to the 
atmosphere). In addition to this same requirement, the part 60 process 
vent referencing subparts also provide sampling site provisions for 
streams that are mixed prior to venting to a control device. In these 
provisions, calculations are required to back-calculate the effect of 
the control device on the individual streams that are mixed. The EPA 
determined that this back-calculation was not necessary, because a 
determination of the efficiency for the control device to reduce the 
mixed stream is a good indication of the efficiency to reduce emissions 
from individual streams. These 40 CFR part 60 provisions, therefore, 
were not adopted in the CAR.
    The net heating value equation in the CAR specifies that the 
concentrations of the individual compounds are to be determined on a 
wet basis. All of the process vent referencing subparts and the general 
provisions of 40 CFR parts 60 and 63 contain a net heating value 
equation, but the equation is presented in several different forms 
across the rules with respect to whether or not the concentration 
component of the equation is on a wet or dry basis. Some equations 
specify wet basis, but some equations specify dry basis and include a 
correction for the water vapor content of the vent stream. With the 
exception of 40 CFR part 60, subpart III, all the equations are 
mathematically equivalent, so the results are the same. In subpart III, 
the equation is given in the wet basis form, but the provisions do not 
require that it be on a wet basis. Because industry input indicated 
that the wet basis form for the equation is more prevalent, the wet 
basis form is used in the CAR and the concentration is required to be 
on a wet basis. This is a possible change for 40 CFR part 60, subpart 
III since some owners or operators subject to subpart III may have been 
calculating net heating value using concentration on a dry basis in the 
equation meant for wet basis concentrations. These owners or operators 
would therefore need to recalculate the net heating value under the 
CAR.
    A change has been proposed to subpart III, however, specifying that 
the concentration should be on a wet basis (62 FR 45369, August 27, 
1997). Note that this Federal Register citation refers to changes in 
test methods; the actual text of the proposed amendment to subpart III 
is in the air docket at A-97-12 or on the web at http://www.epa.gov/
ttn/emc. Once this change is final, subpart III and the CAR will be 
consistent on this issue.
    The HON has a requirement to report which criteria (TRE index 
value, concentration, or flow rate) a process vent meets to qualify as 
a Group 2B vent and to report the test results (if any) accompanying 
the determination. Under the CAR, records of test information must be 
maintained, but no reports are required. The report is required only to 
identify which vents are Group 2B. It does not have to list which 
criteria each vent meets. This reporting requirement operates in 
conjunction with the CAR's approach to reporting process changes. If a 
process change is made that does not result in upgrading the group 
status (for example, Group 2B to Group 2A), then only a statement to 
that effect is required. This is a burden reduction because if a 
process vent that meets

[[Page 57772]]

Group 2B status for one criterion now meets Group 2B status for a 
different criterion following a process change, only a brief report 
would be required rather than test results, engineering assessments, or 
the like. All records of calculations after a process change are still 
required to be kept.
Halogenated Vent Streams
    Some concerns may exist in the consolidated process vent rules for 
halogenated process vents subject to 40 CFR part 60, subparts III, NNN, 
or RRR but not subject to the HON. Two separate but related issues 
exist: (1) whether a vent stream is halogenated, and (2) how to control 
a halogenated vent stream.
    The TRE index value is a function of whether the vent stream is 
halogenated or nonhalogenated. The CAR and all of the referencing 
subparts direct the owner or operator to use one set of coefficients to 
make the TRE index value calculation for a halogenated vent stream, 
while another set of coefficients must be used to make the TRE index 
value calculation for a nonhalogenated vent stream. The CAR provisions 
consolidate the definition of a halogenated vent stream using the HON 
definition. The definition specifies that when the mass emission rate 
of halogen atoms contained in the organic compounds is equal to or 
greater than 0.45 kilogram per hour, the process vent stream is 
considered halogenated.
    This is potentially an important issue for process vents subject to 
one of the part 60 process vent referencing subparts, because those 
rules define halogenated streams differently. A stream is considered 
halogenated if it contains 20 ppmv or greater halogens (versus 0.45 
kilograms per hour under the CAR). The consolidation of this definition 
in the CAR could result in a halogenated vent in the NSPS rules 
becoming a nonhalogenated vent in the CAR, or vice versa. With the 
different set of coefficients for calculating TRE index values for 
halogenated and nonhalogenated vent streams, this could change the TRE 
index value of a vent and, therefore, the group status. If a group 
status changes as a result of the CAR, a different control and/or 
monitoring requirement may be triggered.
    The EPA believes this is an insignificant difference because only a 
small subset of vents might have different halogenated status under the 
CAR versus the NSPS process vent rules. Also, the majority of sources 
subject to the process vent NSPS are also subject to the HON. 
Therefore, this difference would have little effect on rule 
applicability.
    The HON provisions for process vents also include additional 
control requirements for halogenated Group 1 process vents, while the 
other referencing subparts do not specify any additional control. The 
HON prohibits flaring of halogenated vents and specifies that a halogen 
reduction device must be used if the process vent is to be combusted. 
The proposed CAR includes the HON provisions regarding flares and 
halogen reduction devices for combusted halogenated Group 1 process 
vents. Based on industry input, EPA believes that halogenated vents are 
very rarely flared because the flare tip corrodes under these 
conditions.
    These are substantial changes from the 40 CFR part 60 rules 
(especially the possibility of requiring the installation of a halogen 
reduction device such as a scrubber) that may prove to be an impediment 
to some sources that otherwise may wish to use the CAR. The EPA 
believes that the total population of process vents that contain 
halogens, are Group 1, and are subject to a 40 CFR part 60 rule, but 
that are not subject to the HON is small. The EPA specifically requests 
comment on this issue.

E. Transfer Rack Provisions

    The transfer rack provisions consolidate the transfer rack 
requirements of 40 CFR part 61, subpart BB (benzene transfer 
operations), and 40 CFR part 63, subpart G (HON transfer racks). 
Transfer racks complying through the use of a control device are 
referred to subpart G of the CAR, thereby eliminating much of the 
regulatory text contained in the transfer sections of the referencing 
subparts.
    The CAR transfer provisions are based on the transfer provisions of 
the HON. The only significant change relative to the HON provisions 
involves elimination of a recordkeeping requirement. The HON requires 
that records be kept of liquids transferred through each transfer rack. 
The EPA has determined that this record is not necessary for transfer 
racks complying with the CAR. The intent of the record in the HON was 
to determine if the liquids being transferred triggered the HON control 
requirements for the transfer rack. Since control is required for all 
transfer racks complying with the CAR, this record is not needed.
    The primary benefit of using the CAR for transfer racks subject to 
40 CFR part 61, subpart BB is to extend the same compliance options of 
the HON to non-major SOCMI sources subject to subpart BB.
    The HON allows vapor balancing as an alternative to the 
installation of a control device. The process of vapor balancing 
consists of returning vapors expelled from the vehicle being loaded 
through vapor lines to the storage vessel being emptied. This option is 
not contained in 40 CFR part 61, subpart BB. Vapor balancing is an 
option under the HON because EPA determined that it reduces emissions 
by at least 98 percent and is therefore an acceptable alternative to a 
control device. Consequently, vapor balancing is included in the CAR to 
provide flexibility for non-major SOCMI sources subject to subpart BB.
    In addition, the CAR clarifies the definitions of vapor balancing 
and closed-vent system. Vapor balancing systems are not subject to the 
closed-vent system equipment leak provisions. Previously, the 
referencing subparts used different approaches and terminology, 
creating confusion about whether or not an individual section of the 
transfer rack was part of the process or part of the closed-vent 
system. The consolidated definitions clarify the issue. See the 
discussion of the definitions in section VI.B of this preamble for more 
information.
    ``Vapor collection system'' is the term used in the referencing 
subparts to describe the equipment that collects and transports 
transfer rack emissions. Throughout the CAR, uniform language is 
adopted that refers to this type of equipment as ``closed-vent 
systems.'' This standardization, along with the revised definitions, 
further clarifies which sections of the transfer rack are included in 
the closed-vent system and which are process piping.
    The HON also introduces two other compliance alternatives that can 
be used for transfer racks, neither of which are included in 40 CFR 
part 61, subpart BB. Emissions from transfer racks can be routed either 
to a process or to a fuel gas system. These options are consistent with 
EPA's current approach to emissions control and provide operational 
flexibility while maintaining environmental protection. During the 
development of the HON, EPA determined that both of these alternatives 
reduce emissions by at least 98 percent and are therefore acceptable 
alternatives to a control device. Therefore, these two options are 
included in the CAR's provisions for transfer racks.
    The CAR allows two alternatives for demonstrating leak tightness 
for tank trucks and rail cars. Source operators may rely on either a 
Department of Transportation tank certification for tank trucks and 
railcars, or Method 27

[[Page 57773]]

test results and documentation. The HON allows both of these 
alternatives, recognizing that either is an acceptable means of 
demonstrating leak tightness of tank trucks and railcars. However, 
because it was drafted prior to the DOT certification program, 40 CFR 
part 61, subpart BB does not make this choice available for transfer 
racks and specifies only Method 27. Allowing this alternative in the 
CAR provisions provides a potential for burden reduction because owners 
and operators of tank trucks and railcars are already required to keep 
the DOT certifications under DOT regulations. Under the CAR they do not 
have to perform Method 27 in addition to keeping the DOT certification. 
This alternative provides for a significant reduction in recordkeeping 
burden in 40 CFR part 61, because subpart BB required several ancillary 
records related to Method 27 to be kept by the owner or operator of the 
transfer rack. These records are not necessary in conjunction with the 
much simpler records needed for the DOT certifications.
    The HON also allows an owner or operator to use a control device to 
reduce the organic concentration of transfer rack emissions to 20 ppmv, 
(on a dry basis, corrected to 3 percent oxygen) as an alternative to 
reducing emissions by 98 percent. However, 40 CFR part 61, subpart BB 
does not provide this alternative, so the CAR includes this option as a 
means of flexibility for transfer rack compliance.
    Achieving a 98 percent reduction of a vent stream that initially 
has a very low concentration can be infeasible or unreasonably costly. 
Allowing a 20 ppmv concentration in addition to a 98 percent reduction 
provides operational flexibility without compromising environmental 
protection. This is an example of extending the more up-to-date 
procedures of the HON to sources subject to 40 CFR part 61, subpart BB.
    The CAR adopts the control requirements of the HON for halogenated 
transfer rack vent streams. These requirements are similar to those 
discussed in section VI.D of this preamble for halogenated process 
vents. These are new requirements for transfer racks subject to 40 CFR 
part 61, subpart BB. The EPA does not expect the new requirement to 
affect many vent streams because few transfer racks that are subject to 
40 CFR part 61, subpart BB will contain halogens in sufficient quantity 
to be considered halogenated by the CAR.

F. Equipment Leak Provisions

    The proposed CAR's equipment leaks provisions consolidate the 
equipment leaks requirements of 40 CFR part 60, subpart VV (SOCMI 
equipment leaks), 40 CFR part 61, subpart V (the generic equipment leak 
requirements for 40 CFR part 61, subparts F [vinyl chloride] and J 
[benzene]), and part 63, subpart H (HON equipment leaks).
    Applicability of the CAR's equipment leak requirements is 
determined by applicability provisions in the referencing subparts. 
These provisions specify the components that would be subject to the 
CAR. The provisions of the CAR apply only to those components that are 
subject to the referencing subparts and are specifically referred to 
the CAR. The CAR does not alter the applicability of the referencing 
subpart. For example, the equipment leak provisions of subpart VV of 40 
CFR Part 60 state that subject equipment includes all pumps, valves, 
compressors, pressure relief devices, sampling connection systems, 
open-ended lines, and connectors that contain or contact a process 
fluid that is at least 10 percent VOC by weight. When the CAR is 
applied, only those same components would be subject to the provisions 
in the CAR. Thus, even though the CAR contains provisions for 
agitators, the agitator provisions would not apply to a source subject 
only to 40 CFR part 60, subpart VV, because agitators are not covered 
by 40 CFR part 60, subpart VV.
    This section of the preamble discusses the CAR provisions for 
alternative monitoring for valves, connector monitoring, the overall 
improvements to the structure of the equipment leaks provisions in the 
CAR, provisions from the HON that were clarified or improved through 
incorporation into the CAR, and significant changes between the 
provisions of 40 CFR part 60, subpart VV and 40 CFR part 61, subpart V 
and those contained in the CAR.
Alternative Monitoring Program for Valves
    The most significant difference between the equipment leaks 
provisions in the CAR and those in the referencing subparts is the 
CAR's innovative approach for monitoring valves for leaks. The CAR 
alternative monitoring program can significantly reduce the amount of 
burden associated with monitoring valves for leaks without increasing 
the emissions of regulated pollutants to the environment. The valve 
monitoring program is discussed below.
    The premise for the CAR alternative monitoring program is that 
industry data and experience have shown that, at some facilities, some 
valve populations tend to leak more frequently than others. The 
referencing subparts require valve monitoring on a process unit basis, 
such that a certain number of valves that tend to leak frequently may 
continually force all of the valves in the process unit to be monitored 
frequently. Separate process units can qualify for less frequent 
monitoring if the percent leaking valves in the process unit falls to a 
small enough number. The CAR alternative monitoring program extends 
this concept by allowing subgrouping, within or across process units, 
to determine the valves that must be monitored. Each subgroup 
correlates to a specific monitoring frequency based on the percent 
leaking in that subgroup.
    Under the CAR alternative, the owner or operator can place valves 
that are expected to leak more frequently into one subgroup. Because 
these valves leak more frequently they would be monitored more 
frequently. Then, the valves in the other subgroups can qualify for 
less frequent monitoring because the valves that leak more frequently 
will not be included in their percent leaking calculations. This is 
conceptually the same as the current programs which allow different 
monitoring frequencies for different process units, in that the 
performance of a given process unit does not disqualify another process 
unit from less frequent monitoring. The primary difference in the CAR 
alternative monitoring program is that subgrouping can be based on 
site-specific factors other than process unit boundaries.
    The main benefit of the CAR alternative monitoring program is to 
allow facilities to focus on valves that tend to leak, while relieving 
the burden of monitoring valves that tend not to leak and achieving 
essentially the same level of environmental protection provided by the 
referencing subparts. The cost of monitoring, which is a significant 
burden to the industry, is thereby reduced without creating a greater 
potential for negative environmental impact.
    Several safeguards have been built into the CAR alternative 
monitoring program to ensure that the level of environmental protection 
does not deteriorate. First, to initially qualify for the CAR 
alternative monitoring program, the overall performance of all valves 
in the alternative monitoring program must be less than 2 percent 
leakers. Also, if the overall performance of the valves in the 
alternative monitoring program fails to meet the program's required 2 
percent leak rate, as determined through semi-annual performance 
checks, the entire population of valves in the alternative monitoring 
program would revert to the

[[Page 57774]]

original valve monitoring program. As a result, each process unit would 
revert to the monitoring frequency dictated by the percent leaking 
valves observed. This may also introduce monthly monitoring for many 
valves. The EPA considers this possibility a significant incentive for 
owners or operators to maintain good performance at plant sites 
employing the subgrouping program.
    In addition, valves with less than one year of monitoring data (or 
valves not monitored within the last 12 months) must initially be 
placed into the most frequently monitored subgroup. Provisions to 
restrict switching valves between subgroups are included to prevent 
circumvention. These provisions, discussed below, ensure that valves 
cannot be moved back and forth between subgroups to hide or diminish 
the impact of leaking valves on the percent leaking valves 
calculations.
    Under the proposed alternative, a valve can be moved into a less 
frequently monitored subgroup only when data have been collected that 
demonstrate that the valve has not leaked during the entire monitoring 
period of the subgroup to which it is moving (for example, no leaks for 
the past 12 months before moving a valve into an annually monitored 
subgroup). Therefore, valves with a demonstrated lower incidence of 
leaks can migrate into the longer monitoring period subgroups. Because 
even a few leaking valves in a subgroup can disqualify the subgroup for 
the longer monitoring periods, it is anticipated that owners and 
operators will be very cautious when considering whether or not to move 
suspect valves into the longer monitoring period subgroup.
    To move a valve into a more frequently monitored subgroup, the 
valve must have been monitored during the most recent monitoring period 
for the group it is moving from, and it must have had its monitoring 
results included with the group from which it is moving. The intent of 
this safeguard is to prevent leaking valves from being shuttled out of 
a subgroup to protect that subgroup from triggering a more frequent 
monitoring period.
    The placement and subsequent reassignment of valves into subgroups 
is a decision that will be made on a case-by-case basis by the owners 
and operators. The alternative program takes advantage of the knowledge 
of the process that the owner or operator possesses. At a given 
facility, for example, valves operating under certain temperatures or 
valves located adjacent to certain pieces of equipment may be more 
likely to leak. No single set of criteria can be applied to the entire 
industry, as the characteristics of valves that are more likely to leak 
at one facility may not be the same at another facility.
    Some additional records and items to include in the periodic 
reports are necessary for this program to ensure compliance. These 
records and reporting items consist essentially of recording which 
valves are initially assigned to each subgroup, which valves have 
subsequently been reassigned, and the results of the semiannual 
performance checks. The burden associated with retaining these records 
and making these reports is far outweighed by the savings in reduced 
monitoring.
    The other aspect of the valve program is the ability to earn longer 
monitoring periods with good performance. The HON currently allows a 
series of extended monitoring periods based on improved performance, 
culminating with an annual monitoring period for process units with 
less than 0.5 percent leaking valves. The CAR equipment leaks subpart 
introduces an additional 2-year monitoring period for process units 
with less than 0.25 percent leaking valves. This extended monitoring 
period would be available to valves whether or not the owner or 
operator chooses to use the alternative subgrouping program for 
compliance. Since 0.25 percent of a typical valve population (either a 
process unit under the base monitoring program or a subgroup under the 
CAR alternative monitoring program) is a very small number of leaking 
valves, EPA considers this change a logical extension of the original 
monitoring periods specified in the HON. Furthermore, it has the 
potential to substantially reduce monitoring costs without increasing 
long-term emissions to the environment.
Revised Monitoring Program for Connectors
    Another major difference between the CAR and the referencing 
subparts is the approach taken to control equipment leak emissions from 
connectors. The HON is the only referencing subpart with connector 
monitoring provisions, but the CAR's approach to connector monitoring 
requires much less frequent monitoring for SCUs with good performance 
histories.
    For connectors, as for valves, the monitoring periods have been 
extended. The HON is the only referencing subpart that specifies 
periodic monitoring for connectors, and it contains provisions for 
extending the monitoring period to once every 4 years if the percentage 
of leaking connectors is less than 0.5 percent. The CAR extends the HON 
concept to an 8-year monitoring period for process units with less than 
0.25 percent leaking connectors, while introducing connector monitoring 
to sources previously complying with the sensory monitoring 
requirements of 40 CFR part 61, subpart V and 40 CFR part 60, subpart 
VV. This approach for connectors applies on an SCU basis; subgrouping 
similar to the alternative valve monitoring program is not allowed.
    The EPA believes that the extended 8-year monitoring period is 
warranted for connectors which can achieve and maintain a leak rate of 
less than 0.25 percent. The lower threshold will forbid any poorly 
performing connectors from qualifying. In addition, connectors are 
static pieces of equipment without any moving parts. They are much less 
likely to leak than dynamic pieces of equipment like pumps and valves.
    As a safeguard built into the provisions allowing an 8-year 
monitoring frequency, the CAR requires at least half of the connectors 
to be monitored within the first 4 years. The process unit must have 
less than 0.35 percent leaking connectors to remain in the 8-year 
program; failing the percent leak criteria means the owner or operator 
must monitor the rest of the values within the next 6 months. The 
result of this monitoring will then determine the new monitoring 
period. The 0.35 percent criterion was selected so that, if 0.35 
percent (or more) of the first half of the connectors leak, the overall 
connector population will be monitored, and the overall results will be 
used to determine the monitoring frequency.
    The changes for valves and connectors introduce concepts designed 
not only to significantly reduce the burden of complying with equipment 
leak inspections but also to maintain environmental protection. The EPA 
believes that the safeguards incorporated into the new programs for 
valves and connectors are sufficient to meet both of these goals.
CAR Structure
    Some of the improvement to the CAR subpart F entails restructuring 
with the intent to isolate and emphasize the different provisions in a 
manner more consistent with typical plant operation. For example, 
monitoring for leaks and leak repair are presented separately because 
the personnel at a plant site responsible for these two activities are 
not necessarily the same. In addition to creating a ``user-friendly'' 
format, the other goal of restructuring is to avoid repetition of 
requirements. Equipment

[[Page 57775]]

identification provisions, for example, are presented once rather than 
duplicated for each equipment type discussed.
    In general, the equipment leaks subpart of the CAR is structured in 
the following manner. Provisions common to all equipment types (such as 
equipment identification, monitoring for leaks, and leak repair) are 
consolidated and presented once, at the beginning of the subpart. 
Following these provisions are component-by-component standards (for 
example, for valves and for pumps). After the standards sections, the 
subpart contains alternatives for batch units and for enclosed process 
units as well as recordkeeping and reporting requirements for all 
equipment.
    The general benefit of this structure is that plant personnel need 
to be familiar with only the portions of the subpart that affect them. 
Personnel responsible only for component repair, for example, can refer 
to two or three sections in the subpart and do not have to read all of 
the sections. A discussion of some of the more specific benefits of 
structure improvements follows.
    Two sections have been created through restructuring: ``Instrument 
and Sensory Monitoring for Leaks'' and ``Leak Repair.'' This 
restructuring is intended to more closely relate the structure of the 
equipment leaks subpart to the way plants are configured and operated. 
The referencing subparts contain the leak detection and repair 
provisions for each type of component within the section for that 
component. EPA believes that significant consolidation and 
simplification can be achieved by combining the leak detection and leak 
repair provisions into one set of provisions, since they are very 
similar or identical for the different types of components. Instrument 
leak detection procedures are the same across the components, including 
the method used, calibration, monitoring procedure, and leak 
identification.
    The same is true for leak repair procedures. All of the referencing 
subparts include provisions for repair within 15 days (first attempt 
within 5 days), removal of leak identification, delay of repair, and 
recordkeeping. Many of the CAR's recordkeeping provisions are contained 
in the new leak detection and repair sections because the personnel 
detecting and repairing the leaks are generally the same ones who 
create and maintain the records. Only leak detection and repair 
specific to individual components or situations are retained in the 
individual sections addressing those components.
    An additional restructuring was achieved by creating a parallel 
construction for the equipment component sections which have similar 
types of provisions. The standards for valves, pumps, connectors, 
agitators, pressure relief devices in liquid service, and 
instrumentation systems are broken into parallel paragraphs addressing 
compliance schedule, leak detection, percent leaking component 
calculations, and leak repair, where these provisions are applicable. 
Any special provisions for that component follow the standardized 
paragraphs. A consistent structure for these sections enables the owner 
or operator to more easily understand the requirements for each 
component and facilitate the owner or operator's compliance activities.
    For consistency and clarity, all owners or operators controlling 
equipment leak emissions with closed-vent systems and control devices 
or by routing to a process or to a fuel gas system are also subject to 
subpart G of the CAR. Subpart F of the CAR specifies 95 percent or 
greater control efficiency for control devices before referring all 
three of these compliance options to subpart G. Subpart G then provides 
the consistent, consolidated procedures for the control device or 
routing emissions to a process or fuel gas system.
Clarifications and Improvements From the HON
    In addition to consolidating primarily on the HON requirements, the 
CAR makes some significant clarifications, changes, and improvements to 
the HON provisions. These issues, some of which also constitute changes 
for sources referenced from the other two equipment leaks referencing 
subparts, are discussed in more detail below. This section discusses 
changes to provisions taken from the HON. In cases where the HON and 
the non-HON requirements are substantially identical, the discussion in 
this section is equally applicable to all three referencing subparts. 
When the discussion applies to all three equipment leak referencing 
subparts instead of only the HON, the discussion is specially noted.
    Identification of subject equipment has been simplified for all 
sources complying with the CAR. It is not necessary to individually 
identify each piece of equipment, as long as equipment subject to the 
CAR can be distinguished from other equipment through means of a plant 
site plan, log entries, process unit boundaries, or another method. 
This does not preclude the use of individual equipment identification, 
but it does offer flexibility and the opportunity for burden reduction 
as a source does not have to track a complex numbering scheme for 
compliance. For example, the CAR simplifies identification of 
connectors by allowing them to be identified by grouping or area. 
Closed-vent systems and control devices, pressure relief devices, and 
instrumentation systems must be identified, but the CAR provisions do 
not specify particular formats. The referencing subparts, on the other 
hand, require lists of identification numbers for individual pieces of 
equipment; the CAR is more flexible and thus reduces the recordkeeping 
burden. Such flexibility, however, does not relieve an owner or 
operator's responsibility for the ability to locate components at the 
plant site.
    Regarding unsafe-to-monitor or difficult-to-monitor equipment, the 
HON requires owners or operators to develop a written plan for 
monitoring the equipment, but does not explicitly require the 
monitoring. The CAR clarifies that monitoring of the equipment is 
required according to the written plan that is developed.
    The CAR clarifies that compressors designated as operating with an 
instrument reading less than 500 ppm, as well as pressure relief 
devices, are subject to a performance standard as opposed to a work 
practice standard with respect to instrument monitoring. Thus, if a 
compressor is monitored using Method 21 and an instrument reading of 
500 ppm or greater is detected, it is a violation of the standard. If a 
pressure relief device is monitored 5 days after a pressure release and 
an instrument reading of 500 ppm or greater is detected, it is also a 
violation of the standard. These are clarifications, not changes, from 
the HON.
    The CAR maintains the HON provisions with respect to the monitoring 
instrument specifications and calibration procedure. However, the CAR 
includes provisions for adjusting instrument readings for instruments 
that cannot meet the Method 21 performance criteria. The CAR also 
allows calibration with gases other than methane or n-hexane where the 
instrument does not respond to either of these compounds.
    Provisions in all three referencing subparts require monitoring 
only when equipment is in regulated material service, in service of an 
acceptable surrogate VOC, or in service of any other detectable 
material. The CAR does not include the ``acceptable surrogate VOC'' 
phrase because it is redundant and confusing in relation to ``any other 
detectable material.''
    As discussed earlier in this section, the HON and the CAR allow 
owners or operators to monitor valves and

[[Page 57776]]

connectors less frequently when the percentage of leaking components is 
low. Monitoring data collected prior to implementation of a referencing 
subpart can be used to qualify initially for less frequent monitoring, 
even if the data were obtained with minor departures from the CAR's 
monitoring procedures and methods. The CAR further clarifies the 
original HON language by indicating that (1) earlier data may be used 
only for initial qualification, and (2) this provision includes 
initially qualifying for annual monitoring. The original HON language 
was unclear whether older data could be used all the time, and whether 
old data could be used to qualify initially for annual monitoring. Both 
CAR clarifications are consistent with EPA's determination of the 
original HON intent.
    The CAR clarifies language dealing with repair of leaks. Leaks must 
be repaired within 15 days of detection, unless the leak qualifies for 
delay of repair. Provisions in all three referencing subparts allow for 
delay of repair ``* * * if the repair is technically infeasible without 
a process unit shutdown.'' This language potentially discourages any 
attempts at repair between the 15th day after detection and the next 
process unit shutdown, since a successful repair within that period 
would then disqualify one from the original delay of repair. Some 
equipment leaks legitimately qualify for delay of repair, yet they can 
be repaired after the 15-day repair deadline and before the next 
process unit shutdown. These repairs can be effected by continued 
repeat attempts over time until the leak is repaired. In order to 
eliminate the potential disincentive to attempt repair of leaks after 
the fifteenth day, the CAR revises the wording of this provision to 
state that delay of repair is allowed if repair ``within 15 days after 
a leak is detected'' is technically infeasible without a process 
shutdown.
    The CAR adds some flexibility for calculation of percent leaking 
valves by allowing the calculation for either a single process unit or 
a group of process units. Owners or operators must commit to one of 
these approaches by their CAR implementation date, and perform all 
subsequent percent leaking calculations on the same basis. The basis 
may be changed through revision of the operating permit or other 
appropriate notification.
    The CAR also simplifies the calculation procedure by not 
incorporating a partial credit for removed valves. Industry 
representatives indicated that this credit was little used and overly 
complicated the equation. The simplified equation, along with the 
reduction in burden associated with the alternative monitoring programs 
and the extended monitoring periods, outweighs any negative aspects of 
not including the complex procedures necessary to use the credit for 
removed valves.
    Another complicated procedure from the HON was not incorporated 
into the CAR. In order to provide a credit for removed and allowed 
nonrepairable connectors, the HON contains multiple equations for 
determining the percent leaking connectors and contains complicated 
recordkeeping and testing provisions. Based on industry comment that 
these credits complicated the procedures, added recordkeeping burden, 
and were seldom used, the EPA decided not to include them in the CAR.
    The CAR does not incorporate the valve quality improvement program 
(QIP) found in the HON. The goals of the QIP and of the CAR's 
subgrouping procedures are the same--to focus attention and effort on 
poorly performing valves. Owners and operators are expected to be able 
to subgroup their valves such that valves with continuing problems will 
be re-assigned into a single subgroup (which will likely be subject to 
quarterly or monthly monitoring). The additional focus and financial 
incentives for improvement inherent in the CAR make the QIP for valves 
unnecessary.
    The pump section has also been improved and clarified. The CAR 
clarifies that documentation of weekly visual checks need only include 
a record that the check was conducted; pump-by-pump documentation is 
not required. The CAR also clarifies what constitutes leak repair when 
indications of liquid dripping are observed during the visual 
inspection. ``Repaired'' in this situation means that the indications 
of liquid dripping have been eliminated. In addition, an owner or 
operator may show that the liquids dripping are not process fluid (for 
example, the liquids dripping are condensate).
    The CAR replaces the term ``agitator'' with ``agitator seal'' to 
more accurately convey the intent of the requirement. The agitator 
itself is not subject to leaking; rather, the agitator seal is subject 
to leaking.
    The CAR incorporates the HON's alternative provisions for batch 
processes and modifies these provisions to allow additional flexibility 
regarding the required use of pressure measurement devices. The HON 
requires a device with a precision of 2.5 millimeters of 
mercury in the range of the test pressure and the capability to measure 
pressures as high as the relief set pressure of the pressure relief 
device. Under the CAR, when such a device is not reasonably available, 
owners and operators may use an alternative pressure measurement device 
if the duration of the test is extended as specified.
Significant Changes From the Non-HON Equipment Leak Referencing 
Subparts
    This section summarizes the significant differences between the 
equipment leak provisions of 40 CFR part 61, subpart V and 40 CFR part 
60, subpart VV and those of the CAR. Some of the changes that are also 
clarifications and improvements from the HON are discussed in the 
preceding section.
    The CAR's equipment leaks provisions do not apply to equipment in 
vacuum service. While 40 CFR part 61, subpart V and 40 CFR part 60, 
subpart VV require a record of equipment in vacuum service, the CAR 
follows the approach in the HON and does not specify this record. Also, 
the CAR exempts equipment that is intended to be in regulated material 
service less than 300 hours per calendar year, as the HON does. 
Although there is an identification record associated with this 
exemption, having the exemption is a net burden reduction for 40 CFR 
part 61, subpart V and 40 CFR part 60, subpart VV sources complying 
with the CAR.
    The CAR also incorporates the HON clarification that equipment not 
containing process fluids is not subject to the equipment leak 
provisions. When 40 CFR part 61, subpart V and 40 CFR part 60, subpart 
VV were drafted, rules typically did not explicitly state what did not 
apply. These non-HON equipment leak referencing subparts are intended 
to apply only to equipment containing process fluids; the rules do not, 
however, explicitly exempt equipment that does not contain process 
fluids. Since the drafting of these rules, the EPA's philosophy has 
shifted and this explicit clarification from the HON has been used in 
the CAR.
    Provisions regarding alternative means of emission limitation were 
consolidated into one set of requirements. The CAR requires public 
notice in the Federal Register if the Administrator approves an 
alternative means of emission limitation. This public notice is not 
specifically required in 40 CFR part 61, subpart V, but public notice 
is required by section 112 of the Act.
    Sources subject to the non-HON equipment leak referencing subparts 
would benefit from the general identification requirements of the CAR, 
which allow whatever identification scheme makes the most sense at a 
given

[[Page 57777]]

facility. However, the CAR introduces some new component-specific 
identification provisions for these sources, such as special 
identifications for pressure relief devices or instrumentation systems. 
The CAR language provides a net burden decrease associated with 
equipment identification.
    Although 40 CFR part 61, subpart V and 40 CFR part 60, subpart VV 
include procedures that are considered to comprise first attempt at 
repair for leaking valves, these subparts do not contain parallel 
procedures for first attempt at repair for leaking pumps. HON language 
is used in the CAR to clarify what is meant by first attempt at repair 
for pumps.
    An additional burden reduction and clarification is achieved by 
incorporating the HON definition of ``repair'' with the leak repair 
requirements. Both 40 CFR part 61, subpart V and 40 CFR part 60, 
subpart VV require valve monitoring for two successive months before 
the leaking valve identification can be removed. The CAR follows the 
HON language and allows the removal of the identification after the 
valve is ``repaired,'' which by definition includes follow-up 
monitoring.
    The CAR also adopts the HON provisions for records of delay of 
repair, allowing owners and operators to develop written procedures for 
delay of repair and to simply cite relevant sections of their written 
procedures as the record of reason for delay. In addition, the CAR 
includes the HON's exemption for unsafe-to-repair connectors.
    Provisions contained in the CAR for connectors are taken from the 
HON. These include periodic instrument monitoring with a leak 
definition of 500 ppm; less frequent monitoring for good performance; 
special provisions for difficult-to-monitor or unsafe-to-monitor 
connectors; and exemptions from monitoring, recordkeeping, and 
reporting requirements for inaccessible, ceramic, or ceramic-lined 
connectors.
    For sampling connection systems, the CAR contains flexible language 
from the HON allowing purged process fluid to be collected, stored, and 
transported to one of several systems or facilities. One option from 
the HON [transporting the purged process fluid to a National Pollutant 
Discharge Elimination System (NPDES) Group 1 wastewater stream or to an 
NPDES-permitted facility] is allowed in the CAR for HON sources only. 
As explained in more detail in section XI, sources subject to 40 CFR 
part 61, subpart V cannot be eligible for this option because the 
option requires an absence in the stream of particular organic HAP 
listed on table 9 of 40 CFR part 63, subpart G; however, any source 
subject to 40 CFR part 61, subpart V will contain benzene or vinyl 
chloride, two of the compounds listed in table 9. This option is not 
allowed for sources subject to 40 CFR part 60, subpart VV because 
purged materials for these sources may contain VOC species which are 
not HAP, and thus, were not evaluated along with the organic HAP 
species when the option was developed for the HON.

G. Closed-Vent Systems, Control Devices, and Routing to a Fuel Gas 
System or a Process

    Subpart G of the CAR addresses the closed-vent system control 
devices, and routing vent streams to fuel gas systems or process 
equipment. Subpart G consolidates requirements from all of the storage 
vessel, process vent, transfer rack, and equipment leak referencing 
subparts (including the general provisions and continuous process vent 
provisions from 40 CFR part 60, subpart DDD).
    Subpart D of the CAR does not consolidate the process vent 
provisions of 40 CFR part 60, subpart DDD with those of 40 CFR part 60, 
subparts III, NNN, RRR and the HON because these subparts differ in 
terms of the applicability criteria for control. Subpart DDD of 40 CFR 
part 60 differs from the NSPS and the HON in that it does not use TRE 
index value, flow, or concentration to determine if control is required 
for the vent. Also, subpart DDD does not have provisions included in 
the NSPS and the HON requiring monitoring for vents that are not 
required to be controlled. The control requirements for subpart DDD 
process vents, however, are essentially identical to those in 40 CFR 
part 60, subparts III, NNN, RRR, and the HON and were able to be 
consolidated in subpart G of the CAR.
    The EPA has significantly restructured these provisions from all of 
the referencing subparts. Table 3 summarizes the sections of subpart G 
of the CAR. After short applicability, definition, and standards 
sections (Secs. 65.140 to 65.142), subpart G is organized as follows: 
Secs. 65.143 to 65.156 addresses the requirements for equipment, 
operating, performance tests (or compliance determinations for flares) 
and monitoring for closed-vent systems, for routing to a fuel gas 
system or process, and for each type of recovery or control device 
specified in the referencing subparts (for example, flares, 
incinerators, absorber); Secs. 65.157 to 65.158 addresses performance 
test and flare compliance determination requirements and procedures; 
and Secs. 65.159 to 65.165 addresses data handling, CPMS, 
recordkeeping, and reporting requirements for closed-vent systems, 
recovery and control devices, and routing to a fuel gas system or 
process.

            Table 3.--Structure of 40 CFR Part 65, Subpart G
------------------------------------------------------------------------
             Section                              Content
------------------------------------------------------------------------
65.140..........................  Applicability.
65.141..........................  Definitions
65.142..........................  Standards (roadmap to subpart G).
65.143..........................  Closed-vent systems requirements.
65.144..........................  Routing to fuel gas systems and
                                   processes.
65.145-.........................  Control and recovery devices
65.155                             requirements
65.156..........................  General monitoring requirements
65.157-.........................  Performance test and flare compliance
65.158                             determination requirements and
                                   procedures.
65.159-.........................  Data handling and recordkeeping.
65.163
65.164-.........................  Notifications and reports.
65.166
------------------------------------------------------------------------

    The standard section, Sec. 65.142 of subpart G of the CAR, acts as 
a roadmap to subpart G. All of the CAR subparts reference a specific 
paragraph of Sec. 65.142. These paragraphs outline the specific 
sections of subpart G that apply to a given situation.
    In addition to the overall restructuring, the individual device 
sections (Secs. 65.145--65.155) are organized in the same general 
manner: sections begin with a discussion of equipment and operating 
requirements, are followed by paragraphs discussing flare compliance 
determinations or performance test requirements, and conclude with 
paragraphs discussing monitoring requirements. This makes it easier to 
find specific information on the device of interest.
    A number of decisions were made by EPA in the consolidation of 
these provisions. These decisions are discussed below in subsections 
that are in the order that they appear in subpart G of the CAR. 
Decisions made in the consolidation of subpart G provisions on 
monitoring, recordkeeping, and reporting provisions associated with 
closed-vent systems, control and recovery devices, and routing to a 
fuel gas system of a process are discussed in section VI.H.
Closed-Vent Systems
    The language in the HON provides the basis for language in subpart 
G. The primary change to the HON closed-vent

[[Page 57778]]

system language is the restructuring to meet the format used elsewhere 
in the CAR. That is, in this case, to separate the provisions into 
equipment and operating requirements (including by-pass monitoring), 
inspection requirements, inspection procedures, and leak repair 
provisions. Specific clarifications to the HON language are discussed 
below.
    Clarifying improvements were made to the consolidated closed-vent 
system inspection procedures. For example, the HON requires that the 
calibration gas be no more than 2000 ppm higher than the leak 
definition. This requirement in the HON is given in a generic section, 
to apply to various leak definitions. Since the leak definition for 
closed-vent systems is 500 ppmv, the CAR specifies a calibration gas 
concentration limit of 2500 ppm for multiscale instruments for closed-
vent systems. In addition, the HON requires that an instrument response 
factor, if used, to be based on the mathematical average response 
factor for the given process fluid. Since the process fluid composition 
can vary considerably, EPA reduced the burden of this provision in the 
CAR by specifying the response factor be based on a representative 
response factor, which could apply to a family of process fluids. This 
avoids numerous response factor calculations for process fluids that 
are only marginally different in composition.
    The CAR does not adopt a HON requirement to inspect storage vessel 
closed-vent systems during filling of the vessel. Pressure in a storage 
vessel closed-vent system, and therefore potential leaks of regulated 
material, is not a function of filling, since storage vessels are 
designed to relieve at low pressures. This requirement is not found in 
any of the other referencing subparts.
    The HON transfer operations has a provision that repairs must be 
made no later than 15 calendar days after the leak is detected or at 
the beginning of the next transfer loading operation. The EPA decided, 
as a clarification, to extend this concept to all emission points, that 
is, that repair can be extended longer than 15 days if the closed-vent 
system is not in use. The proposed CAR requires repair no later than 15 
calendar days or at the beginning of the next introduction of vapors to 
the system.
    Several aspects of the HON that are adopted in the CAR provide 
clarity and, in some cases, burden reductions, relative to the other 
referencing subparts. A summary of the significant changes from the 
other referencing subparts follows.
    The CAR clarifies that closed-vent systems must be operating at all 
times when emissions are vented to them. Although this requirement is 
explicitly stated in 40 CFR part 60, subparts VV and DDD, and 40 CFR 
part 61, subpart V it is only implied in the other referencing subparts 
that it is necessary to have the closed-vent system in operation when 
emissions are vented to it. The requirement derives from the general 
provisions requirements in each part to `` * * * operate and maintain 
any affected facility, including associated air pollution control 
equipment, in a manner consistent with good air pollution control 
practices * * * '' Also, a similar requirement for control devices is 
stated in many rules. Explicitly stating the requirement improves all 
the rules by making the compliance requirements clear.
    For equipment in a closed-vent system that can divert the stream 
away from the control device and to the atmosphere, the owner or 
operator is required to either (1) install, maintain, and operate a 
flow indicator that takes a reading at least every 15 minutes, or (2) 
to secure the bypass line valve in the non-diverting position with a 
car-seal or a lock-and-key type configuration. The HON exempts certain 
equipment (pressure relief valves needed for safety purposes, low leg 
drains, high point bleeds, analyzer vents, and open-ended valves or 
lines) from these requirements. The EPA has incorporated this exemption 
into the CAR as a clarification for the non-HON referencing subparts.
    The closed-vent system provisions of 40 CFR part 60, subpart DDD, 
and 40 CFR part 61, subpart BB require the owner or operator to car-
seal open all inline valves in a closed-vent system (valves leading to 
the control device). The other referencing subparts present this 
requirement by specifying either flow indicators or car-sealed closed 
valves on all lines diverting the stream away from the control device 
and to the atmosphere. For consistency, the car-sealed closed or flow 
indicator approach is followed in the CAR.
    The CAR requires bypass monitoring. Instead of bypass monitoring 
for lines that can divert the vapors in a closed-vent system away from 
the control device to the atmosphere, 40 CFR part 60, subparts III and 
NNN contain process vent flow monitoring provisions prior to the 
control device. The CAR does not allow this method of monitoring for 
bypasses. The EPA decided that the methods used by the HON and many of 
the other referencing subparts are more relevant. Monitoring the vent 
flow does not ensure that bypasses are not taking place. Regulated 
sources currently using flow monitors under 40 CFR part 60, subparts 
III and NNN would have to switch to bypass monitoring in order to use 
the CAR. Furthermore, this change will be a significant burden 
reduction for many sources. Many process vents not subject to the HON 
but subject to 40 CFR part 60, subparts III and NNN, are routed to 
control devices subject to the HON through common closed-vent systems 
which are subject to the HON. These vents can, under the CAR, perform 
only the bypass monitoring requirements of the HON instead of also 
having their vent flow measured under 40 CFR part 60, subparts III and 
NNN.
    The language used in the closed-vent system inspection provisions 
of the CAR are based on the more recent work practice approach of the 
HON and 40 CFR part 60, subpart VV for closed-vent system inspections. 
The requirement to ``operate with no detectable emissions'' as stated 
in 40 CFR part 60, subpart Kb and 40 CFR part 61, subpart Y, and the 
requirement of 40 CFR part 60, subpart Ka to ``collect all VOC vapors 
and gases discharged from the storage vessel'' are not included in the 
CAR. The EPA concluded that the HON work practice inspection language 
was more specific and easier for enforcement and compliance, while 
achieving the intent of the referencing subparts.
    The CAR also retains the distinction between hardpiping and 
ductwork made in the HON and 40 CFR part 60, subpart VV closed-vent 
system inspection provisions. Hardpiping and ductwork have different 
leak inspection requirements. This distinction does not exist in 40 CFR 
part 61, subparts V, Y and BB. Also, HON provisions covering situations 
where it is unsafe or difficult to inspect the closed-vent system were 
applied to the CAR.
Fuel Gas Systems and Processes
    Fuel gas systems consist of piping and control systems that gather 
gaseous streams and return them to combustion devices for use as fuel 
gas. For such systems, the CAR adopted the equipment and operating 
requirements as well as compliance determination procedures from the 
HON.
    The EPA reasoned that the explicit HON provisions for routing 
emissions to a process or to a fuel gas system should be allowed in the 
CAR when the owner or operator chooses or is required to comply with 
storage vessel, transfer, or equipment leak control requirements. The 
emission point types covered by the HON are the same as those covered 
by the referencing subparts. While developing the HON, EPA determined

[[Page 57779]]

that routing emissions to a fuel gas system or process provides 
sufficient control, in most cases in excess of 98 percent reduction. 
None of the non-HON referencing subparts explicitly allowed this 
option. (See 61 FR 43703, August 26, 1996, for further discussion of 
this issue.)
    Note that the option of routing to a fuel gas system or to a 
process is not provided for process vents in the CAR, since, based on 
the CAR's definition of process vents, these vent streams are not 
considered to be process vents unless or until they are vented to the 
atmosphere.
Non-Flare Control Devices for Storage Vessels and Low-Throughput 
Transfer Racks
    The HON was used as the basis for the CAR language for this 
section. The structure is similar to the other sections of subpart G 
with an equipment and operating requirements, a design evaluation or 
performance test requirements, and a monitoring requirement paragraph. 
Although the language is based on the HON, it is important to note that 
this section represents a consolidation of HON storage vessel and HON 
low-throughput transfer rack provisions. Low-throughput transfer racks 
are racks that transfer less than a total of 11.8 million liters per 
year of liquid containing regulated materials.
    The storage vessel and HON low-throughput transfer rack provisions 
are very similar. The only differences are: (1) the HON storage vessel 
provisions require a design evaluation and the HON transfer provisions 
allow a choice between a design evaluation or performance test; and (2) 
the low-throughput transfer rack provisions in the HON require the 
monitoring parameters and ranges to be identified, as does the HON 
storage vessel provision, but it also requires specific monitoring 
devices to be installed depending on the control device being used.
    The CAR allows a choice of a design evaluation or performance test 
for both storage vessels and transfer racks. The EPA reasoned that a 
performance test could be used in place of a design evaluation since it 
is more definitive than a design evaluation in many cases. The CAR 
clarifies the HON transfer monitoring provisions by consolidating the 
provisions of the HON storage vessels. Also, EPA clarifies in the CAR 
that when a performance test is conducted the facility can specify the 
parameters to be monitored and their appropriate ranges. Continuous 
monitoring is not required for either storage vessels or transfer racks 
unless this is specifically required in the monitoring plan which 
identifies the parameters to be monitored and the monitoring range. 
This is as required in the HON storage vessel provisions and a 
clarification to the transfer rack provisions.
    The storage vessel subparts, 40 CFR part 60, subpart Kb and 40 CFR 
part 61, subpart Y, do not allow for a performance test instead of a 
design evaluation, so the CAR provides a flexibility that was 
previously unavailable in these rules. The performance test/design 
evaluation options are summarized below:
    (1) The owner or operator may choose to do a design evaluation 
instead of a performance test to set the monitoring parameters. The 
requirements for determining the monitoring parameters were taken from 
the HON--the owner or operator chooses the parameters, the ranges, and 
the monitoring frequency based on site-specific information, 
manufacturer's specifications, engineering judgment, or other 
significant information.
    (2) The owner or operator may vent to a shared control device that 
must comply with the performance testing requirements of the CAR. The 
requirements for this case are taken from the HON. There are minimal 
records and reports for this case, because the facility is already 
keeping records and submitting reports for the other emission point 
that shares the control device. The EPA reasoned that requiring just 
the performance test instead of the design evaluation would be 
acceptable, as the performance test provides the information necessary 
to assure the control device can perform at the level needed to meet 
the standard.
    (3) The owner or operator may choose to do a performance test 
instead of a design evaluation. This is the new option under the CAR; 
it is not contained in any of the referencing subparts except for the 
HON transfer rack provisions. This option applies the provisions for 
determining parameter ranges as described in the option for storage 
vessels and low-throughput transfer racks conducting a design 
evaluation on a non-shared control device (option 1).
    Subpart BB of 40 CFR part 61 does not provide for a design 
evaluation instead of performance test for low-throughput transfer 
racks. The EPA reasoned that performance tests should not be required 
for subpart BB low-throughput transfer racks for the same reason that 
they are not required for HON low-throughput transfer racks. At this 
low level of throughput it is difficult to organize a performance test 
because of the infrequent loading of tank trucks or railcars. (See 
Hazardous Air Pollutant Emissions from Process Units in the Synthetic 
Organic Chemical Manufacturing Industry--Background Information for 
Final Standards. Volume 2A: Comments on Process Vents, Storage Vessels, 
Transfer Operations, and Equipment Leaks. Final IS. EPA-453/R-94-003a. 
pp 4-13--4-14.) Also, EPA recognizes that many of the subpart BB 
transfer racks at a SOCMI facility will be subject to the HON. 
Therefore, this provision is already available to these subpart BB 
transfer racks.
    Subpart Ka of 40 CFR part 60 requires submission of a monitoring 
plan for control devices (including flares), but it contains no 
requirements to monitor per the plan or to report. The CAR storage 
vessel non-flare control device provisions are more prescriptive than 
the subpart Ka provisions, but EPA believes that there are very few 
subpart Ka storage vessels using closed-vent systems and control 
devices for compliance. In the spirit of consolidation, and noting that 
the CAR is a compliance alternative, the design evaluation and 
compliance determination provisions are based on the HON language.
    Provisions in the HON, 40 CFR part 60, subpart Kb, and 40 CFR part 
61, subpart Y, all provide the equivalent of a design evaluation in the 
case where storage vessel vapors are controlled by a non-flare control 
device. The CAR language, as based on the HON, has several details 
required in the design evaluation that are not required in subparts Kb 
and Y. Specifically these details pertain to information that must be 
included in the design evaluation given the type of device. For 
instance, the CAR specifies for enclosed combustors that, if 
applicable, the design evaluation must include the autoignition 
temperature of the stream being combusted, the flow rate, the 
combustion temperature and the residence time. The CAR also specifies 
the information required for carbon adsorbers and condensers. Subparts 
Kb and Y do not contain these details. The EPA is requiring these 
details in the CAR because these are the pieces of information that 
would be contained in a design evaluation whether it be for a HON or 
subpart Kb or Y storage vessel. By specifying these as requirements, 
the CAR is clearer and will avoid miscommunications when design 
evaluations are prepared.
    Subpart Kb of 40 CFR part 60 and 40 CFR part 61, subpart Y require 
a minimum residence time of 0.75 seconds and a minimum temperature of

[[Page 57780]]

816 deg. C for enclosed combustion devices. Enclosed combustion devices 
with temperature and residence time greater than or equal to these 
minimums need only indicate in the documentation that this condition 
exists and no other documentation is required. The CAR has the same 
provision but uses a minimum temperature of 760 deg. C and a minimum 
residence time of 0.5 seconds, as does the HON. The EPA chose the HON 
values to incorporate in the CAR because it was determined under the 
HON that these values are appropriate to obtain the necessary emissions 
reduction. Also, by using the HON values, the enclosed combustors 
meeting the minimums in subparts Kb and Y would also meet the minimums 
under the HON.
    The requirement in 40 CFR part 60, subpart Kb and part 61, subpart 
Y to include in the design evaluation report the manufacturer's design 
specifications for the control device was not incorporated into the CAR 
because most controls are not purchased as a package; other 
requirements in the CAR will provide sufficient reports of the control 
device specifications.
Non-Flare Control Devices Used to Control Equipment Leaks
    A section of subpart G of the CAR contains the equipment, 
operating, and monitoring requirements for non-flare control devices 
used to control equipment leak emissions. Very similar language is used 
in all three equipment leaks referencing subparts. This section 
clarifies that a performance test is not required for control devices 
used only to control emissions from equipment leaks.
    The requirement to operate the control device at all times when 
emissions are vented to them is explicitly contained only in 40 CFR 
part 60, subpart VV, but the requirement can be inferred for the other 
subparts as outlined above in the general closed-vent system 
discussion.
Flares
    Equipment and operating provisions for flares are consolidated into 
this section of the CAR from many referencing subparts, including the 
general provisions from 40 CFR parts 60 and 63. The flare equipment and 
operating requirements, flare compliance determination procedures, and 
monitoring provisions are consolidated, as discussed below.
    The EPA identified that the HON requirement for pilot flame 
monitoring could be read to call for monitoring of each pilot flame, 
which was not the intent of the HON. The wording was clarified to 
require a device capable of ``detecting that at least one pilot flame 
is present.'' The EPA also decided that to increase the flexibility of 
the rule, flare flame monitoring would be allowed as it is allowed in 
40 CFR part 60, subpart DDD. Any outage of the flame or pilot flame 
would be reportable under the CAR.
    The HON language is used in the CAR for clarification on performing 
the Method 22 visible emission tests for flare compliance 
determinations at transfer operations with loading cycles of less than 
2 hours. The observation under Method 22 is required to extend for 2 
hours. Under the CAR, the observation can be conducted for the complete 
loading cycle for loading cycles less than 2 hours. Subpart BB of 40 
CFR part 61 does not have this provision.
    The heating value formula for flares from 40 CFR part 60 general 
provisions is used throughout the CAR because this equation is believed 
to be the most prevalent in use. Using the part 60 general provisions 
equation consolidates and clarifies the equations, which were presented 
in the various referencing subparts with different terms, different 
formats, and on different bases (wet or dry). The various equations, 
however, all yield the same results if correctly applied, but the 
different representations caused confusion. The heating value equation 
for part 60 process vents, for example, was changed from a dry to a wet 
basis to be identical to the part 60 general provisions equation. Note 
that a ``D'' variable instead of a ``C'' variable for concentration is 
used in this equation to distinguish net heating value concentration 
from another concentration variable used in earlier equations in the 
CAR.
    The CAR includes a requirement that is essentially the same as 
provisions in 40 CFR part 60, subpart DDD requiring flare flame or 
pilot monitors to be operated during any flare compliance 
determination. This is a common sense provision that is not explicitly 
stated elsewhere, and it is included in the CAR for consistency and 
clarity.
Incinerators
    For the most part, the HON language was used as the basis for the 
incinerator provisions in the CAR. Incinerator operating requirements 
from 40 CFR part 60, subparts VV and DDD were used in the CAR to 
explicitly require that incinerators shall be operated at all times 
when emissions are vented to them. The actual part 60 requirements 
specify that the incinerators shall be operated at all times when 
emissions may be vented to them. This was clarified in the CAR to read 
``are vented to them'' because the part 60 requirement could be 
interpreted to require continuous operation of the device even when not 
receiving emissions. In addition, while this requirement is not 
explicitly stated in the HON for incinerators, it is an implied general 
control device requirement that the control device must be operating. 
This provision has been added to all the control device sections but is 
only mentioned here.
    In addition, a provision from the NSPS process vent rules (40 CFR 
part 60, subparts DDD, III, NNN, and RRR) was included in the 
incinerator section. This provision specifies what should be done if an 
owner or operator decides to replace an existing control device with 
another control device. The HON does not specify what should be done in 
this case, and the NSPS language specifies that the notice be made 90 
days before the change. The NSPS language was used in the CAR, but 
modified to state that the notification of the change must only be made 
prior to the change. This notification can be included in an amendment 
to a title V permit or, if title V is not applicable, in a separate 
notice that can be part of a periodic report. The addition of this 
provision adds clarity. This provision was added to every control 
device section but is only mentioned here.
    To clarify when initial performance tests are required, the CAR 
added language regarding incinerator performance test requirements. The 
HON language exempting an owner or operator from the requirement to 
conduct a performance test if the incinerator burns hazardous waste and 
meets the requirements of RCRA was included in the CAR for all sources 
subject to performance test requirements. The EPA has determined that 
these incinerators are adequately tested under the RCRA program. (61 FR 
43708, August 26, 1996) This exemption also applies to design 
evaluations and performance tests for storage vessels and low-
throughput transfer racks and is included in the section of subpart G 
regarding non-flare control devices used on storage vessels and low-
throughput transfer racks.
Boilers and Process Heaters
    Although the HON language for boiler and process heater 
requirements was used for the basis of the requirements in the CAR, 40 
CFR part 60, subparts DDD, III, NNN and 40 CFR part 61, subpart BB 
contain essentially the same requirements for boilers (subpart RRR of 
40 CFR part 60 contains requirements identical to the HON.) One 
exception is

[[Page 57781]]

that some of the referencing subparts do not contain the exemptions 
from performance tests and from monitoring for vents introduced as 
primary fuel or for boilers or process heaters larger than 44 MW. An 
exemption from performance testing and monitoring when the vent stream 
is mixed with the primary fuel, or for boilers or process heaters 
larger than 44 MW, was taken from the HON and included in the CAR. The 
basis for this decision by EPA to allow these exemptions is contained 
in Reactor Processes in the Synthetic Organic Chemical Manufacturing 
Industry--Background Information for Promulgated Standards (EPA-450/3-
90-016b). This document explains that a vent stream introduced with the 
primary fuel would be expected to have an emissions reduction greater 
than 98 percent because temperatures are higher when the vent stream is 
passed through the flame front. The EPA has also outlined in this 
document that large boilers and process heaters are expected to achieve 
an emission reduction greater than 98 percent. These exemptions also 
apply to design evaluations and performance tests for storage vessels 
and low-throughput transfer racks and is included in the section of 
subpart G regarding non-flare control devices used on storage vessels 
and low-throughput transfer racks.
    The requirement in 40 CFR part 61, subpart BB and in 40 CFR part 
60, subparts DDD, III, and NNN for records to be kept of the periods of 
boiler or process heater operation is not included in the CAR. The 
record of boiler or process heater periods of operation is not 
necessary as it is a safety hazard to introduce gas into an idle 
combustion device. Therefore, vent streams are not expected to be 
vented to the boiler or process heater unless the device is operating, 
so a record of when the device is or is not operating is not needed.
Absorbers, Condensers, and Carbon Adsorbers Used as Control or Final 
Recovery Devices
    Subpart G of the CAR covers absorbers, condensers, and carbon 
adsorbers in four sections of the subpart. Section 65.150 covers 
absorbers as control devices, Sec. 65.151 covers condensers as control 
devices, and Sec. 65.152 covers carbon adsorbers as control devices, 
and Sec. 65.153 covers all three devices when they are used as final 
recovery devices. The recovery device section (Sec. 65.153) is 
specifically for devices that are used as final recovery devices on 
Group 2A process vents. When these devices are used as control devices 
(i.e., a recapture device on a Group 1 process vent, or a recovery or 
recapture device on a transfer rack) Secs. 65.150 through 65.152 apply, 
as applicable.
    Very few changes were made to the HON language for these devices, 
except for the restructuring of provisions (discussed in sections IV.B 
and VI.A of this preamble), the addition of the NSPS process vent 
provision on changing control devices and the requirement to be 
operating at all times when emissions are vented to them (both 
discussed in this section under incinerators). Changes to the other 
referencing subparts are discussed below.
    Subpart BB of 40 CFR part 61 for benzene transfer operations does 
not contain provisions for condensers and absorbers. It does allow 
carbon adsorbers equipped with organic monitoring devices to be used. 
In the CAR, the absorber and condenser provisions are available for all 
referencing subparts, including subpart BB.
    In addition, under 40 CFR part 61, subpart BB for benzene transfer 
operations, only organic monitors could be used for determining 
compliance with the standard when using a carbon adsorber. Under 40 CFR 
60, subpart DDD, only organic monitors could be used for determining 
compliance with the standard when using an absorber, condenser, or 
carbon adsorber for control of a continuous process vent. In the CAR, 
as in the HON, either an organic monitoring device or a regenerative 
stream flow monitoring device is allowed for carbon adsorbers; an 
organic monitoring device or a condenser exit temperature monitoring 
device is allowed for condensers; and an organic monitoring device, or 
a scrubbing liquid temperature monitoring device and a specific gravity 
monitoring device is allowed for absorbers.
Halogen Scrubbers and Other Halogen Reduction Devices
    Halogen reduction device requirements have been consolidated into 
one section rather than listed in the individual control device 
sections. These HON requirements have been included in the CAR for all 
process vents and transfer operations. The other referencing subparts 
did not have specific halogen vent stream requirements, so the CAR is 
potentially introducing some additional requirements for halogenated 
vent streams subject to the non-HON referencing subparts, if the owner 
or operator chooses to comply with the CAR.
Other Control Devices
    This section (Sec. 65.155) of subpart G outlines the requirements 
for control devices other than those specified in Secs. 65.147 through 
65.154. The CAR differs from 40 CFR part 60, subparts DDD, III, NNN, 
and RRR in that more detail is given in the CAR on the information that 
must be provided to the Administrator in order to obtain approval for 
other devices. Under the NSPS, the Administrator specifies the 
appropriate monitoring procedures for the device. Under the CAR, a plan 
is submitted that includes the proposed monitoring, reporting, and 
recordkeeping procedures. By providing more details on the information 
to be submitted and by allowing the facility to propose monitoring, EPA 
believes this will clarify the information needed and aid in 
communication during the process of reviewing these plans.
    Subpart DDD of 40 CFR part 60 and 40 CFR part 61, subpart BB also 
contain a general duty requirement that specifies that the facility 
must ``provide the Administrator with information describing the 
operation of the control device * * * that would indicate proper 
operation and maintenance * * *'' for non-listed control devices. The 
EPA did not include the general duty requirement in the CAR in favor of 
the more specific monitoring requirements for non-listed control 
devices from 40 CFR part 63, general provisions, and the HON.
    Under the CAR, approval authority for the monitoring recordkeeping, 
and reporting requirements for other control devices is delegated to 
the states as it is under the HON and part 61. Under the NSPS process 
vent referencing subparts, this authority is not delegated. The 
decision to delegate authority is consistent with state authority under 
title V. The EPA considered that authority should be delegated for this 
approval across all the rules in order to consolidate the provisions. 
Also, many of the facilities subject to the NSPS process vent 
referencing subparts are also subject to the HON, therefore the 
authority would already be delegated to the States in many instances.

H. Monitoring, Recordkeeping, and Reporting

    This section describes the CAR provisions from subpart G regarding 
performance tests, monitoring, recordkeeping, and reporting 
requirements. These provisions are included in subpart G, rather than 
in the general provisions, because they are specific requirements for 
closed-vent systems, control and recovery devices,

[[Page 57782]]

and routing to a fuel gas system or process.
    Many significant differences exist between the CAR provisions on 
monitoring, recordkeeping and reporting (which generally follow the HON 
provisions), and these same provisions in the non-HON referencing 
subparts. This section provides a brief description of the differences. 
For a more complete discussion of the HON recordkeeping program see the 
HON proposal preamble (57 FR 62608, December 31,1992), the promulgation 
preamble (59 FR 19407, April 22, 1994), and the Background document at 
promulgation (Hazardous Air Pollutant Emissions from Process Units in 
the Synthetic Organic Chemical Manufacturing Industry--Background 
Information for Final Standards, Volume 2E: Comments on Recordkeeping, 
Reporting, Compliance and Test Methods, EPA-453/R-94-003e).
    Both the CAR and the part 60 and 61 subparts require monitoring of 
the same control device operating parameters. However, the CAR requires 
a site to justify and set site-specific operating parameter ranges for 
control and recovery devices. The site can set the operating parameter 
ranges to be the same as the NSPS established ranges. The control or 
recovery device operating parameters are monitored and if the 
monitoring results, on a daily average basis, fall outside the 
parameter range, then there is an excursion and it must be reported. 
The CAR allows one excused excursion before the excursion is considered 
a violation. The HON allows six excused excursions in the first 
semiannual reporting period (this would be in the first year of being 
subject to the HON), five excused excursion in the second semiannual 
reporting period, and so on, until one excused excursion is allowed in 
the sixth and all subsequent semiannual reporting periods.
    The CAR provisions are different from the non-HON referencing 
subparts where specific monitoring ranges are given in the rules 
depending on the control or recovery device being used. In 40 CFR part 
60 and 61, 3-hour averages are required of the monitored parameters. 
These 3-hour averages are compared to the monitoring ranges specified 
in the rules. If a 3-hour average is outside the range in the rule it 
must be reported, and the out-of-range values may trigger the 
Administrator to require another performance test. If the performance 
test indicates that the control or recovery device is not performing at 
the required level, the facility would be in violation.
    The CAR allows owners or operators to use the ranges from the non-
HON referencing subparts as the operating parameter ranges for the 
sources accustomed to those ranges; or, a source can justify a site-
specific range. However, any excursions after the one excused excursion 
would be considered a violation.
    One change made to these HON provisions in the CAR pertains to the 
records of continuous monitors. In the HON, the owner or operator has 
the option of maintaining a record of (1) each measured value, or (2) 
block average value for intervals up to 15-minute averages. The CAR 
also contains these options. In addition, a third option is given that 
allows retention of hourly average data and the most recent three valid 
hours of continuous records. The EPA decided to allow this option as a 
burden reduction, because many computer systems currently in use in the 
SOCMI industry only archive hourly data and ``over-write'' the raw data 
every few hours, because of the massive amount of storage that would be 
required to maintain records of data on a more frequent basis. Typical 
SOCMI process computer systems handle thousands of data points, so that 
even hourly records involve tens of thousands of data records each day. 
The CAR alternative has been provided to allow use of these existing 
systems without requiring installation of new computer systems or 
parallel paper (strip chart) systems. The EPA felt it was necessary to 
require the most recent three valid hours of records so that an 
inspector would have the necessary data to determine whether averages 
were correctly calculated. The EPA reasoned that 3 hours of data are 
sufficient for checking on potential programming error. By requiring 
the most recent 3 hours, the EPA ensures a randomness to the 3 hours of 
data available to check. The CAR specifies valid hours because an 
invalid hour of monitoring may not contain the necessary data for the 
average verification. By providing for adequate data to demonstrate 
that the hourly average is correctly calculated, no reduction in 
compliance assurance is anticipated and very large initial and ongoing 
costs for new recordkeeping systems are avoided for many SOCMI 
facilities.
    The following paragraphs describe additional burden reductions and 
clarification changes made in the monitoring, recordkeeping, and 
reporting sections of subpart G.
General Monitoring Requirements
    The CAR specifies which monitoring data must be kept and used for 
compliance when a primary CPMS and a backup are being used. This 
clarification is not explicit in parts 60 or 61.
    The CAR adopts the requirements from 40 CFR parts 61 and 63 general 
provisions for the immediate repair or replacement of CPMS parts to 
correct routine malfunctions. These requirements are not in the general 
provisions of 40 CFR part 60. This requirement spells out good 
practices as required under 40 CFR 60.11(d) and 60.13(e) and (f), 40 
CFR part 60, subpart A.
    In addition to the provisions to request alternative monitoring and 
recordkeeping procedures allowed under all referencing subparts, the 
CAR, as does the HON, specifically allows nonautomated CPMS in certain 
situations. Although nonautomated CPMS are allowed, the provisions do 
require data to be collected, no less frequently than hourly. 
Therefore, EPA believes that nonautomated CPMS would be a real option 
only for facilities where the cost of automation would not be 
justifiable. A small batch operation is an example where the cost may 
not be justifiable.
Performance Tests and Flare Compliance Determination Requirements
    The CAR allows 180 days to complete required performance tests, and 
60 days to submit the report after the performance test. The general 
provisions to part 60 allow up to 180 days and the General Provisions 
to part 61 allow 90 days for conducting the performance test and 
submitting the report. The General Provisions to part 63 allow 180 days 
to conduct the performance test and 60 days to submit the report, while 
the HON specifies 150 days to conduct the test. The EPA adopted the 
time frame from the part 63 general provisions because it provides the 
greatest amount of time to conduct the performance test and prepare the 
report; this more expansive time frame is appropriate for the CAR, 
given the potentially large number of performance tests and reports 
that would need to be completed. The shorter length of time from part 
61 would not be appropriate for the CAR because the CAR covers several 
emission point types, and the shorter time frame could make the 
organizing of the performance tests and the preparing of reports more 
difficult.
    The referencing subparts do not clearly indicate what activities 
must be performed during a performance test for a flare. The CAR does 
not use the term ``performance test'' for flares; for the purposes of 
distinction and clarity, the

[[Page 57783]]

CAR refers to ``flare compliance determinations.'' Some HON provisions 
for performance tests should be included in the CAR's flare compliance 
determination, but many should not. The provisions that do apply are 
adopted from the performance test language in the HON, but are modified 
to apply to flares. Examples of the provisions that apply to flare 
compliance determinations are the provision that the Administrator may 
require a flare compliance determination at any time and the provision 
on flare compliance determination waivers. The EPA considers this a 
clarification.
    The CAR excludes a provision from both 40 CFR part 61, subpart BB 
and the HON that requires a closed-vent system routing emissions from a 
transfer rack to a control device to be inspected prior to a 
performance test being conducted. The inspection is a leak detection 
inspection using Method 21. The EPA did not include this provision in 
the CAR because the closed-vent system is already under the requirement 
to be inspected initially and annually. This initial and periodic 
inspection is sufficient to ensure that the closed-vent system does not 
leak during the performance test. Also, closed-vent systems on other 
types of emission points are not required to be inspected prior to a 
performance test.
    Sources are not required to conduct a performance test to comply 
with the CAR if a performance test has been conducted previously using 
the same test method required by the CAR and under the same operating 
conditions that currently exist. This exemption is not in any other 
referencing subparts other than the HON.
    Additionally, the CAR allows performance tests and compliance 
determinations to be waived through written request to the 
Administrator if the Administrator determines that (1) the source is 
being operated in continuous compliance, (2) the source is operating 
under a compliance extension under 40 CFR part 63, or (3) the source is 
operating under a compliance waiver under 40 CFR part 61.
Performance Test Procedures
    The CAR specifies that each performance test will consist of three 
separate runs using the applicable method; each run must be at least an 
hour in duration; and compliance will be determined using the 
arithmetic mean of the results of the three runs. This language is 
taken from the general provisions for 40 CFR part 60. The HON has 
similar language, but 40 CFR part 61 has no equivalent. Thus the CAR 
clarifies the requirements for part 61 sources.
    The CAR requires that performance tests be conducted during 
``maximum representative operating conditions for the process.'' It 
clarifies this requirement by specifying that, during the performance 
test, the control device may be operated at maximum or minimum 
representative operating conditions for monitored control device 
parameters, whichever results in lower emission reduction. The general 
provisions of 40 CFR parts 60 and 63 also require performance tests at 
maximum capacity and at representative operating conditions of the 
process. Subparts III, NNN, and RRR of 40 CFR part 60 require 
performance tests to be conducted at ``* * * full operating conditions 
and flow rates * * .'' The general provisions of 40 CFR part 61 require 
the performance test to be run ``* * * under such conditions as the 
Administrator shall specify * * *.'' None of the non-HON referencing 
subparts, nor any of the general provisions, contain the additional 
clarifying provisions that the control device may be operated under 
maximum or minimum representative operating conditions, whichever 
results in lower emission reduction. The CAR provisions represent the 
intent of all of the referencing subparts and add some additional 
clarity.
    For transfer racks, the CAR provides details on how a performance 
test must be conducted for control devices capable of continuous vapor 
processing and for intermittent vapor processing systems. Subpart BB of 
40 CFR part 61 does not specify these details for transfer racks and 
requires performance tests to be conducted over a complete loading 
cycle. The explicit provisions of the CAR are useful for transfer racks 
because loading a tank truck or railcar can take much longer than an 
hour. For long loading cycles it makes sense to base the test run on 
how the control device works instead of on the loading cycle.
    The CAR clarifies the performance test requirements for a boiler or 
process heater with a design input capacity less than 44 MW that is 
used as a control device. The CAR requires the inlet sampling site to 
be located so that it measures the pollutant concentration in all vent 
streams and primary and secondary fuels. Therefore, the percent 
reduction is determined for all vent streams and primary or secondary 
fuels. This clarification is not in 40 CFR part 60, subpart DDD, III, 
or NNN.
    Subpart BB of 40 CFR part 61 allows the use of Method 25B to 
determine concentration for calculating the percent reduction 
efficiency. The CAR does not allow this method because Method 25B can 
only be used when a primary constituent in the vent stream is assumed. 
In a consolidated rule for SOCMI, an industry that varies significantly 
on vent stream composition, a method that is not flexible can not be 
specified. Method 25B can always be requested as an alternative method, 
on a case-by-case basis.
    For combustion devices that do not use supplemental combustion air, 
the CAR does not contain the provision in 40 CFR part 61, subpart DDD 
which specifies that the concentration shall not be corrected to 3 
percent oxygen when calculating the percent reduction or outlet 
concentration. Rather, the CAR and all of the other referencing 
subparts require the concentration to be corrected to 3 percent oxygen 
for all combustion devices. The EPA requests comment on what effect 
this may have on subpart DDD sources.
Performance Test Records
    The CAR includes the requirement for records to be kept of the 
location where a vent stream is introduced into a boiler or process 
heater. However, the CAR does not include the requirement contained in 
40 CFR part 60, subpart DDD to also keep these records for 
incinerators. Subpart DDD is the only referencing subpart that has this 
requirement. Incinerators are required to have performance tests and 
continuous monitoring conducted. Conversely, boilers and process 
heaters that have their vent stream introduced with the primary fuel 
(in the flame zone) are not required to have performance tests or 
continuous monitoring conducted. Therefore, it is not necessary to 
locate where the vent stream is introduced in an incinerator for a 
determination of compliance, because performance tests and continuous 
monitoring are required. The EPA considers this a burden reduction.
    The CAR requires records of the percent reduction or pollutant 
concentration to be determined at the outlet of the combustion device, 
on a dry basis corrected to 3 percent oxygen. While 40 CFR part 61, 
subpart BB does not explicitly require that the percent reduction be 
recorded for boilers less than 44 MW design input capacity, it is 
generally understood that these records are required. The CAR therefore 
clarifies the intent of subpart BB.
Non-Flare Control and Recovery Device Monitoring Records
    The CAR reduces the requirements for CPMS calibration records by 
requiring only those records that are necessary to

[[Page 57784]]

determine the accuracy of the readings. The CAR requires retention of 
only the ``as found'' and ``as left'' readings whenever an adjustment 
is made that will effect the CPMS reading, and a ``no adjustment'' 
statement otherwise. Compared to referencing subpart language requiring 
retention of ``all'' calibration records, the CAR language 
significantly reduces the number of potential records that must be 
retained and adds clarity to what is needed.
    Under the CAR, the option to use a data compression system for 
control and recovery device data handling is allowed. Owners or 
operators may request approval of an automated data compression 
recording system that does not record values at a set frequency, but 
records values that meet set criteria for variation from previously 
recorded values. Under the 40 CFR parts 60 and 61 referencing subparts, 
this data compression option was not previously offered. Although EPA 
does not generally recommend expanding the application of this data 
compression option until experience is gained with the impact of such 
record-reduction systems on compliance determinations and enforcement, 
this provision is extended in the CAR to 40 CFR parts 60 and 61 sources 
to provide HON sources this flexibility, which was previously provided 
to them, and to facilitate consolidation of the rules.
Other Records
    Section 65.163 contains requirements for ``Other Records.'' Under 
the CAR, closed-vent systems that contain bypass lines keep only hourly 
records of flow indicator operation and diversion detection. Subpart 
RRR of 40 CFR part 60 requires ``continuous records.'' The EPA 
determined that continuous (i.e., 15-minute records) records are not 
necessary to ensure compliance in this case, but rather continuous 
monitoring with a record made once per hour indicating whether there 
was flow (and therefore, bypass) at any monitored time within the hour. 
Similarly, 40 CFR part 60, subpart DDD, RRR, and NNN require continuous 
records of pilot flame monitoring results, while the CAR requires 
hourly records like the HON and the 40 CFR parts 60 and 63 general 
provisions flare requirements.
    The CAR does not include the provision from 40 CFR part 60, 
subparts DDD and RRR and 40 CFR part 61, subpart BB, and the HON 
transfer provisions that requires a description to be maintained of the 
vent stream. The description must contain a schematic recording of all 
valves and vent pipes that could vent the stream to the atmosphere. The 
EPA decided that this record would not be required in the CAR because 
of the burden associated with keeping a description with an up-to-date 
schematic. These types of descriptions are difficult to keep up-to-date 
because of the frequency with which the routing systems change. Also, 
the facility can explain the system at an inspector's request with the 
aid of other drawings, equipment leak records, and visually. An 
inspector could also request this description to be provided at the 
time of the inspection.
    The CAR incorporates language from the HON which recognizes unsafe 
or difficult-to-inspect equipment in a closed-vent system which allows 
less frequent monitoring of such equipment. This allowance is not in 40 
CFR part 61, subpart V. The CAR therefore provides some flexibility in 
dealing with this type of equipment.
    For car seals, the CAR requires monthly visual inspection with 
records that indicate when a car-seal is broken. The 40 CFR part 60, 
subpart RRR requirement to record the serial numbers of car-seals and 
to maintain this record when car-seals are replaced is not in the CAR. 
Thus, the necessary record is whether a car-seal is broken and not 
exactly which car-seals are in place. Not having to record the serial 
numbers of all car-seals provides a burden reduction to subpart RRR 
sources.
    When equipment leaks are detected in a closed-vent system, 40 CFR 
part 61, subpart V and 40 CFR part 60, subpart VV require records of 
information such as repair method, the signature of owner or operator, 
and expected date of successful repair. These requirements are not 
included in the CAR. In the spirit of consolidation, EPA considers that 
the records specified in Sec. 65.163(a)(3) adequately document the 
necessary information for leaking equipment. The required records are: 
the instrument and the equipment identification number; the operator 
name, initials, or identification number; the date the leak was 
detected, the date of the first attempt at repair, the date of 
successful repair of the leak; maximum instrument reading measured 
after the leak is successfully repaired or determined to be 
nonrepairable; the reason for a delay of repair, if there is a delay; 
and copies of the periodic reports if records are not maintained on a 
computerized database.
    The CAR includes requirements for records to be maintained of 
locations where a vent stream is introduced into the boiler or process 
heater, and of instances when this location is changed. This 
requirement is also included in the referencing subparts. However, as a 
burden reduction, the CAR does not contain the requirement in 40 CFR 
parts 60 and 61 to report this information. This information is helpful 
to the implementing agency if a change is made and the vent stream no 
longer will be introduced with the primary fuel; in these cases, a 
performance test may be necessary. If so, a notification and report of 
the performance test are required. Therefore, these cases will be 
reported. In the other situations, these records can be reviewed, as 
needed, at the facility.
    The CAR provides additional flexibility regarding the notification 
to the Administrator that a performance test is being conducted. 
Although this flexibility is not currently provided in the referencing 
subparts, it is consistent with revisions proposed in 61 FR 47840, 
September 11, 1996 (Recordkeeping and Reporting Burden Reduction). The 
CAR specifies what should be done if there is a delay in conducting the 
scheduled performance test. The CAR requires the owner or operator to 
provide at least 7 days notice prior to the rescheduled date of the 
performance test, or to arrange a rescheduled date by mutual agreement 
with the Administrator. The EPA recognizes that unforeseen situations 
happen and that provisions for rescheduling are useful.
    The CAR allows a request to be submitted at any time for the use of 
alternative test methods. The general provisions of 40 CFR part 61 
includes time constraints on when an alternative test method may be 
requested (i.e., 30 days after the effective date or, for new sources, 
not later than with the notification of anticipated startup). Although 
all general provisions allow an alternative test method to be 
requested, the other general provisions do not specify a time frame 
within which the request must be submitted. The EPA considers it a 
clarification to not specify a time frame within which the request must 
be submitted, because an alternative test method may be requested for 
performance tests other than at startup. It is not necessary to have 
the test method approved 30 days after an effective date or by the 
notification of anticipated startup as long as it is approved in time 
to conduct the performance test on schedule.

VII. Delegation of the CAR to State Authorities

    Many States have obtained delegation to implement and enforce the 
CAR's referencing subparts. These States' authority to implement and 
enforce the underlying NSPS or NESHAP rests on the State code, and the 
delegation of authority by EPA to the State in turn

[[Page 57785]]

rests on the State's ability to implement and enforce those Federal 
requirements.
    By today's action, EPA is proposing to consolidate and somewhat 
revise certain provisions contained in parts 60, 61, and 63, for 
affected SOCMI sources, such that regulated sources would be allowed to 
comply with those newly revised provisions in the CAR. These regulatory 
revisions could result in the need for subsequent action at the State 
level to revise the State code and to submit an updated delegation 
request to EPA, which could then necessitate additional Federal 
administrative procedures, before the source could take advantage of 
the CAR and before the State could enforce it. State rulemaking and EPA 
action on delegation requests are time consuming, often taking several 
years. In the interim, the source may be unable to avail itself of the 
CAR benefits, because the CAR could apply at the Federal level while 
the NSPS and NESHAP continue to apply through the State's code until 
the State's code can be amended.
    The EPA does not wish such a situation to impede adoption of the 
CAR by a source. Indeed, EPA encourages implementation of the CAR at 
the earliest possible date following promulgation of the final rule. A 
streamlined approach to implement the CAR under delegated State 
authorities is thus an important ingredient to the success of the rule 
consolidation effort.
    In order to facilitate and expedite delegation and implementation 
of the CAR, EPA is taking two steps. First, EPA is proposing to 
recognize the CAR as an alternative compliance approach to the 
individual subparts being consolidated. This step, as discussed below, 
may allow sources in some States to begin to use the CAR immediately 
after promulgation while still remaining in compliance with the 
existing State code of regulations upon which delegation is based. The 
EPA believes this will be a useful approach for States that have the 
ability to recognize approved alternatives under the existing State 
regulations on which delegation rests. Second, to minimize 
administrative delays, EPA is proposing to waive the need for formal 
delegation of the CAR where the State is already delegated authority to 
implement the underlying NSPS or NESHAP subparts. Both of these 
proposed actions are discussed in more detail below.

A. Approval of the CAR as an Alternative Compliance Approach

    The NSPS and NESHAP being consolidated in today's proposal, and the 
statutory authorities from which those rules stem, provide for the 
approval of alternative means of emission limitations and for 
appropriate alternative testing or monitoring methods as approved by 
the Administrator. To facilitate and expedite implementation, EPA is 
proposing to approve the CAR as a comprehensive alternative set of 
compliance requirements to the NSPS and NESHAP which it consolidates, 
specifically 40 CFR part 60 subparts A, Ka, Kb, VV, DDD, III, NNN and 
RRR; part 61 subparts A, V, Y, and BB; and part 63 subparts A, F, G, 
and H. This pre-approved alternative would be available for all sources 
to which the CAR applies.
    The intent of this approval is to allow States and sources 
immediate use of the CAR, by providing a mechanism through which States 
can implement and enforce the CAR prior to undertaking additional State 
rulemaking. By designating the CAR as an approved alternative 
compliance approach under the existing NSPS and NESHAP, EPA seeks to 
provide a doorway within the existing State code and delegated 
authorities through which the CAR can be accessed, utilized, and 
enforced. This approach may eliminate or minimize the need for State 
rule revisions and delegation updates.
    The Administrator is proposing approval of the CAR as an 
alternative means of compliance with the individual subparts listed 
above.
    The CAR streamlines and revises much of the existing monitoring, 
record keeping, and reporting procedures of the underlying NSPS and 
NESHAP standards, without changing the basic control requirements or 
monitoring methods. Today's proposal is intended to simplify 
implementation of the standards, to reduce EPA, state, and industry 
burden in complying with the rules, and to facilitate compliance 
monitoring, while having no adverse effect on the accuracy, quality, 
and timeliness of the compliance monitoring data. EPA is proposing that 
all of the provisions of the CAR serve in whole as an alternative 
compliance approach for the subparts which it consolidates. To simplify 
implementation, the CAR can be used directly as an alternative 
compliance approach, without prior application or request to EPA. The 
CAR simply requires notification that the alternative approach would be 
implemented.
    The EPA expects that comprehensive approval of the CAR as an 
alternative compliance approach for the existing NSPS and NESHAP which 
it consolidates will facilitate and expedite implementation by states 
and local agencies. EPA is today proposing to revise the underlying 
NSPS and NESHAP regulations such that the CAR would be recognized as an 
alternative approach to the existing NSPS and NESHAP provisions for 
sources opting into the CAR. However, EPA is aware that the unrevised 
NSPS and NESHAP regulations will, at least for an interim, remain the 
enforceable provisions in many states, absent state rulemaking to 
incorporate the CAR. The NSPS and NESHAP as they are currently adopted 
by the state also remain federally enforceable in those states where 
they form the basis of delegation by EPA to the state. Today's proposed 
action to approve the CAR as an alternative compliance approach 
clarifies EPA's intent that compliance with the CAR should serve to 
fulfill a source's obligations to comply with applicable NSPS and 
NESHAP consolidated therein, even in cases where the unrevised NSPS and 
NESHAP still reside in the state or local code. States may rely on this 
approval under the existing NSPS and NESHAP to allow sources expedited 
use of the CAR, and may enforce the CAR as an approved alternative 
compliance approach for the existing NSPS and NESHAP in accordance with 
the current delegation of authority to the state.
    The EPA is providing notice and opportunity for comment on this 
proposed action to approve the CAR as an alternative compliance 
approach to 40 CFR part 60 subparts A, Ka, Kb, VV, DDD, III, NNN and 
RRR, part 61 subparts A, V, Y, and BB, and part 63 subparts A, F, G, 
and H. Comments are requested with regard to both the validity of this 
approval and to the usefulness of this mechanism for expediting 
implementation of the CAR.

B. Policy on Delegation of the CAR

    Today's proposed rule was developed based on consolidating the 
existing requirements of Parts 60, 61, and 63 that apply to SOCMI, 
without changing the applicability or reducing the stringency of the 
existing regulations. For this reason, EPA believes that, where a State 
has been delegated authority to administer all of the applicable rules 
under Parts 60, 61, and 63, no further delegation of authority is 
necessary in order for such State to administer the CAR. The EPA 
therefore proposes to allow a State to administer the CAR without 
further action by EPA if such State has been delegated the authority to 
administer each of the applicable referencing subparts.
    However, States that lack delegated authority to administer any of 
the referencing subparts that apply at a source that seeks to implement 
the CAR

[[Page 57786]]

must obtain such delegation prior to allowing that source to comply 
with the CAR.
    The EPA requests comment on this proposed delegation policy.

VIII. Incorporating CAR Requirements Into the Title V Permit

    Title V of the Act and EPA's operating permits regulations at 40 
CFR part 70 require all ``applicable requirements'' (standards or 
requirements under the Act, as defined at 40 CFR part 70.2) to be 
included in the operating permit for any source that is required to 
have an operating permit. Since a permit can contain only the 
applicable requirements in effect at the time it was issued, or last 
revised, any newly-promulgated requirements (such as those in the CAR) 
would not be in the permit until the permit is revised to include them. 
Revising the permit is also necessary if a source adopts substitute 
requirements under the CAR, since without a permit revision, the source 
would be in non-compliance with the provisions of its operating permit. 
Consequently, once a source adopts the CAR, to the extent that the 
existing permit terms will be replaced or modified by provisions of the 
CAR, the permit must be revised to delete those permit terms and add 
the applicable CAR provisions. This section discusses the processes by 
which permits would be revised to incorporate provisions of the CAR.
    Under 40 CFR part 70.7, operating permits may be revised through 
one of three mechanisms: administrative amendments, minor permit 
modifications, or significant permit modifications. The administrative 
amendment process is for: (1) changes that are trivial or 
administrative, such as typographical errors, or change of ownership; 
(2) changes that provide more frequent monitoring or reporting; (3) 
incorporating terms of preconstruction permits that meet the compliance 
requirements of section 70.6 and that were issued under a process that 
has been ``enhanced'' to provide EPA and public review; or (4) other 
changes similar to these that have been approved by EPA in a State part 
70 program. Any change resulting from CAR requirements will add the CAR 
as an applicable requirement to the source's permit, and therefore, is 
not likely to be a trivial or administrative change. In addition, the 
CAR will usually require less rather than more frequent monitoring or 
reporting. Consequently, CAR requirements do not appear to be eligible 
as administrative amendments.
    To determine if incorporation of CAR requirements qualifies as a 
minor permit revision, the type of change that might arise from the CAR 
must be evaluated against the relevant criteria of 
Secs. 70.7(e)(2)(i)(A)(1) through (6). If the change does not meet any 
of these criteria (the criteria are written in the negative), the 
change may be made using the minor permit revision process; otherwise, 
it must use the significant permit revision procedures. To summarize 
the minor permit revision criteria, a minor permit revision is not 
allowed if the change: (1) violates an applicable requirement; (2) 
significantly changes existing monitoring, reporting, or recordkeeping; 
(3) establishes or changes case-by-case emissions limitations; (4) 
establishes a potential-to-emit limitation; (5) is a title I 
modification; or (6) is required by the permitting authority to be a 
significant permit modification. Criterion (2) is clearly the one 
criteria that might be triggered by incorporation of CAR requirements, 
since CAR requirements could change existing monitoring, reporting, or 
recordkeeping requirements in the permit. To determine if criterion (2) 
does apply, it is necessary to determine if incorporation of CAR 
requirements will result in a significant change to monitoring, 
reporting or recordkeeping requirements.
    In terms of their significance to monitoring, recordkeeping or 
reporting requirements, changes from the CAR can be sorted into two 
broad categories, depending on the amount of discretion a source has in 
determining the new requirement. The first category comprises changes 
over which the source has little discretion in determining the 
monitoring, recordkeeping or reporting requirements. In most cases, the 
monitoring, recordkeeping and reporting requirements are established by 
the CAR, and once the source has decided to be covered by the CAR, it 
has no ability to change the requirements. For example, Sec. 65.47(e) 
requires owners or operators of storage vessels using floating or 
external roofs to record when the roof was set on its legs and when it 
was refloated. This is a new record not previously required under any 
referencing storage vessel rule. As another example, 
Sec. 65.44(c)(9)(ii) allows up to two 30-day extensions (after an 
initial 45 days) to empty and remove a storage vessel from service 
after the source finds that it is unsafe to perform gap seal 
measurements. Under subpart Kb of 40 CFR part 60 and subpart Y of 40 
CFR part 61, the source was allowed one 30 day extension, which 
required prior approval [Sec. 60.113b(b)(4)(iii) and 
Sec. 61.272(b)(4)(iii)]; extensions were not addressed under subpart Ka 
of 40 CFR part 60. Under the CAR (as in the HON), both the first and 
second 30-day extensions are available to the source without requesting 
prior approval by EPA; although documentation for why an extension is 
necessary must be maintained. Other examples include 
Sec. 65.48(c)(2)(ii), which requires reporting of storage vessel seal 
gap measurement results, rather than all raw seal gap measurement data 
as required in subpart Kb of 40 CFR part 60, subpart Y of 40 CFR part 
61, and subpart G of 40 CFR part 63 [Sec. 60.115b(b)(2), 
Sec. 61.276(d)(1), and Sec. 63.122(e)(1)]; or Sec. 65.161(a)(3), which 
requires keeping records of the latest 3 hours of continuous (15-
minute) monitoring data, rather than keeping records of all continuous 
monitoring data, as under the HON, see Sec. 63.152(f)(2).
    The examples given so far illustrate changes in which the source is 
adopting the CAR requirements in lieu of previous requirements, without 
changing or adding to the CAR requirements. Other requirements under 
the CAR, still within the first category, may require a source to 
determine monitoring requirements. For example, under 
Sec. 65.148(c)(1), a facility using an incinerator to meet the 98 
percent reduction requirement of Sec. 65.63(a)(2) of subpart D for 
process vents, is required to monitor temperature within a range of 
temperature determined by the source. The source may establish, as part 
of its title V application, the parameter range that it will use, based 
on a performance test, or it may rely on prior performance tests or use 
an existing range or an established limit in a referenced subpart. In 
EPA's view, a change in a parameter range based on a relevant EPA-
approved performance test is not a significant change, since the range 
is determined by the results of the test and cannot be set arbitrarily. 
In addition, the parameter to be monitored is set by the CAR, and is 
therefore outside the source's discretion.
    Thus, EPA does not consider this first category of changes to be 
``significant changes'' within the meaning of criterion (2) for minor 
permit revisions. The EPA interprets the criterion as requiring the 
significant permit revision process when a significant monitoring 
change is made in the permit revision process, and especially when the 
changes are source-specific monitoring changes involving significant 
judgment. The types of changes to monitoring requirements that EPA 
considers significant within the meaning of

[[Page 57787]]

criterion (2) include establishing equivalent SIP monitoring 
requirements, streamlining of redundant monitoring requirements, or 
significant changes to source-specific monitoring. The first category 
of CAR requirements should not have these characteristics, since the 
amount of judgment involved in establishing source-specific 
requirements such as parameter levels is not significant. There is also 
no requirement to demonstrate that these requirements are equivalent to 
existing requirements, as would be the case when establishing 
equivalent SIP requirements or streamlining.
    The second category of changes involves significant discretion on 
the part of the source in determining monitoring, recordkeeping or 
reporting requirements. For example, under Sec. 65.63(d) of subpart D, 
which applies to a group 2A process vent without a recovery device, a 
source is allowed to establish the parameters that it will monitor, and 
the parameter ranges, in order to maintain a TRE index value greater 
than 1.0. Another example is under Sec. 65.162(e) of subpart G, which 
applies to sources who are directed under Sec. 65.154(c)(2) or 
Sec. 65.155(c)(1) to set unique monitoring parameters, or who request 
under Sec. 65.156(e) approval to monitor a different parameter than 
those listed in relevant monitoring requirements of subpart G of the 
CAR.
    If this second type of change were established for the first time 
through the permit revision process, EPA would consider it to be a 
significant change in monitoring under the meaning of criterion (2) of 
Sec. 70.7(e)(2)(i)(A), since the source has significant discretion in 
establishing not only the parameter to be monitored, but the methods 
that are used in making that judgment. Establishing these kinds of 
monitoring requirements in the permit is similar to permit 
streamlining, equivalent SIP requirements, and other changes that 
involve significant judgment discussed above. In White Paper #2, EPA 
indicated that streamlining could be accomplished as part of the 
initial permit application or as a significant permit revision, both of 
which provide for EPA review of streamlined requirements. The current 
part 70 requires that equivalent SIP limits established in the permit 
must follow initial issuance, renewal, or significant permit revision 
procedures [See Sec. 70.6(a)(1)(iii)].
    If, however, EPA has approved unique or different monitoring 
requirements prior to the permit revision taking place, as may be the 
case under the CAR, EPA would consider the significant permit revision 
procedure to be unnecessary. For example, if EPA has approved a request 
to use alternative monitoring or recordkeeping procedures under 
Sec. 65.7(b) and (c) of subpart A or Sec. 65.162(d) of subpart G 
procedures, the source has no discretion but to comply with those 
alternative requirements once the Agency has granted approval. 
Consequently, the absence of discretion justifies the minor permit 
revision process, rather than the significant permit revision 
procedures.
    Note that under the proposed changes to part 70 (60 FR 45529, 
August 31, 1995), incorporation of new requirements such as the CAR may 
be allowed under the proposed ``notice-only'' provisions, in which EPA 
and public review is not required, if the permit is incorporating 
previously-adopted requirements and if source-specific requirements are 
not being established through the permit. Incorporation either of 
provisions adopted in the CAR rule, or of source-specific requirements 
proposed by the source and approved by EPA after promulgation of 
today's rule (provided the permit process was not the vehicle for EPA 
approval) would likely be eligible for notice-only procedures under the 
concept outlined in the 1995 proposal. If EPA adopts the notice-only 
procedures, the procedures would be available once the State in which 
the source is located had incorporated the revised procedure into its 
permit program. Until then, the current part 70 permit procedures apply 
as outlined above.

IX. Extension of the Consolidation to Include the State 
Implementation Plan

    The EPA recognizes that States have developed and incorporated into 
the State Implementation Plan (SIP) rules and requirements that affect 
many of the same emission units also subject to the referencing 
subparts being consolidated in today's proposal. Those regulations 
typically include reasonably available control technology (RACT) and 
other requirements designed for attainment and maintenance of national 
ambient air quality standards (NAAQS). Hence, even upon final 
promulgation of the CAR, in many areas SOCMI sources implementing the 
CAR still could remain subject to two separate sets of requirements--
the CAR and State and federally-enforceable RACT requirements. 
Reduction of compliance burdens through consolidation of regulatory 
requirements could be greatly enhanced by expanding the benefits of 
today's proposal to address federally enforceable SIP requirements that 
apply to SOCMI sources.
    In an effort to facilitate burden reduction for sources subject to 
state specific SIP requirements, EPA is proposing three actions. First, 
EPA is proposing to pre-approve the CAR as meeting the RACT requirement 
of the Act. Thus, with respect to SIPs that expressly allow for the 
approval of alternatives to existing RACT requirements by the State and 
EPA, additional EPA action will not be needed prior to implementation 
of the CAR by a specific source. The source will still need State 
approval of the CAR for that source prior to implementation. This pre-
approval, discussed further below, would expedite the consolidation of 
the RACT requirement with other applicable requirements through 
implementation of the CAR since no additional EPA action would be 
necessary prior to implementation of the CAR. Second, based on EPA's 
proposal to pre-approve the CAR as meeting RACT, EPA is proposing a 
streamlined process for review and approval of SIP submittals that 
incorporate the CAR requirements. This action will expedite the process 
for incorporating into the SIP the CAR for purposes of complying with 
RACT requirements, particularly in states where the SIP does not 
already allow for the use of approved alternatives. Finally, EPA is 
recognizing the use of the title V permitting process as a mechanism 
through which the streamlining of overlapping requirements stemming 
from the SIP, NSPS, and NESHAP programs can be accomplished. Below, 
each of these mechanisms for expanding the benefits of the CAR 
rulemaking to encompass SIP requirements is discussed. First, however, 
a description of RACT and EPA's basis for pre-approving the CAR as RACT 
is provided.

A. Pre-Approval of the CAR as Meeting the Clean Air Act Reasonably 
Available Control Technology Requirement

    For purposes of defining RACT, EPA has historically issued control 
techniques guidelines (CTGs). These CTGs are not regulatory in nature, 
but rather establish a presumptive norm for RACT. In other words, the 
CTGs, which are issued after an opportunity for public input, establish 
one or more methods of control or emission reduction levels that EPA 
deems as RACT-level control for certain operations. In developing the 
CTGs, EPA provides the scientific and technical documentation to 
support these controls as a RACT level of control. In developing RACT 
rules to be incorporated into a federally-approved SIP, a State can 
adopt the methods of

[[Page 57788]]

control specified in the CTG or establish other methods of control. To 
the extent the State relies on the control methods specified in the 
CTG, EPA will not undertake further analysis in determining that the 
State has established RACT-level of control for those sources. However, 
if a State elects to require other types of control, the State must 
provide the relevant scientific and technical information to 
demonstrate that the selected controls meet the underlying statutory 
RACT requirement.
    Currently, EPA has issued six CTGs, shown in table 4, applicable to 
emission points at sources covered by the CAR. Pursuant to section 
182(b)(2)(B) of the Act, States were required to submit RACT rules by 
November 15, 1992 for emission sources whose CTGs were issued prior to 
the 1990 Clean Air Act Amendments. Therefore, RACT rules for petroleum 
liquids in fixed roof and external floating roof tanks; manufacture of 
high-density polyethylene, polypropylene, and polystyrene resins; SOCMI 
and polymer manufacturing equipment leaks; and SOCMI air oxidation 
processes were due by November 15, 1992. For emission sources covered 
by CTG's issued after the 1990 Amendments, the EPA was required to 
establish a submittal date, pursuant to section 182(b)(2)(A) of the 
Act. The RACT rules for SOCMI distillation and reactor processes were 
required to be submitted by March 23, 1995, as stated in the Federal 
Register notice (59 FR 13717, March 23, 1994) announcing the submittal 
due date.

                 Table 4.--Control Techniques Guidelines
------------------------------------------------------------------------
Control of Volatile Organic Emissions from Storage of Petroleum Liquids
 in Fixed-Roof Tanks, EPA-450/2-77-036, December 1977.
Control of Volatile Organic Emissions from Petroleum Liquid Storage in
 External Floating Roof Tanks, EPA-450/2-78-047, December 1978.
Control of Volatile Organic Compound emissions from Manufacture of High-
 Density Polyethylene, Polypropylene, and Polystyrene Resins, EPA-450/3-
 83-008, November 1983.
Control of Volatile Organic Compound Leaks from Synthetic Organic
 Chemical and Polymer Manufacturing Equipment, EPA-450/3-83-006, March
 1984.
Control of Volatile Organic Compound Emissions from Air Oxidation
 Processes in Synthetic Organic Chemical Manufacturing Industry, EPA-450/
 3-84-015, December 1984.
Control of Volatile Organic Compound Emissions from Reactor Processes
 and Distillation Operations Processes in the Synthetic Organic Chemical
 Manufacturing Industry, EPA-450/4-91-031, August 1993.
------------------------------------------------------------------------

    After State adoption, control measures are submitted to EPA for 
approval into the federally-enforceable SIP. Hence, once a State-
enforceable measure is approved into the SIP, it becomes enforceable as 
a federal requirement.
    In order to establish that provisions in the CAR are at least as 
stringent as RACT, it is necessary to understand the basis for RACT and 
the standards that constitute the CAR. The general requirement for RACT 
in nonattainment areas is found in section 172(c)(1) of the Act. 
Section 182 (a)(2)(A) and (b)(2) provide more specific requirements for 
stationary sources that emit volatile organic compound (VOC). The EPA 
has defined RACT as ``. . . the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility'' (44 FR 53761, September 17, 1979). These are 
control techniques that are widely used that can be readily applied to 
existing sources without unreasonable burden.
    The ``reasonably'' available control technology reflected in SIP 
levels can be contrasted with the generally more stringent bases for 
the new source performance standards (NSPS) and national emission 
standards for hazardous air pollutants (NESHAP) which comprise the CAR. 
The NSPS, which apply to newly constructed stationary sources that emit 
criteria pollutants, are based on ``. . . the degree of emission 
limitation achievable through the application of the best system of 
emission reduction which (taking into account the cost of achieving 
such reduction and any nonair quality health and environmental impact 
and energy requirements) the Administrator determines has been 
adequately demonstrated,'' (CAA section 111(a)(1)) or best demonstrated 
technology (BDT). This presumably (but not necessarily) higher level of 
control than RACT (which generally is developed for existing sources) 
can be justified for new, modified, or reconstructed sources, because 
such controls can be incorporated into the design of the source prior 
to construction, modification, or reconstruction, making it more 
technically and economically feasible than for existing sources that 
can have prohibitive design constraints or costs.
    Prior to the 1990 Amendments, for NESHAP, the Act required the 
Administrator to ``. . . establish any such standard at the level which 
in his judgment provides an ample margin of safety to protect the 
public health from such hazardous air pollutant.'' 42 U.S.C. 
7412(b)(1)(B). Although EPA policy has evolved over the years regarding 
the interpretation of this wording, it was generally accepted that the 
basis for the standards established would reflect at least the basis 
analogous to that established for NSPS, i.e. ``best controls'' 
considering the impacts.
    The Act, as amended in 1990, provides that NESHAP must ``. . . 
require the maximum degree of reduction in emissions . . . that the 
Administrator, taking into consideration the cost of achieving such 
emission reduction, and any nonair quality health and environmental 
impacts and energy requirements, determines is achievable . . .'', or 
maximum achievable control technology (MACT), for short. The Act 
112(d)(2). This basis is very similar to that for NSPS, as is evidenced 
by the statutory wording, and again generally reflects control at least 
as stringent as, if not more than, RACT.
    The statutory language for setting NSPS and NESHAP clearly mandate 
a basis for those standards no less stringent, and conceivably more 
stringent, than that for RACT. An examination of the CTGs that apply to 
SOCMI reveal that the NSPS and NESHAP that form the basis for today's 
proposed CAR are all at least as stringent as the corresponding RACT 
requirements contained in the CTG's, especially since most of the CAR 
is based on the HON, which is the NESHAP applicable to the SOCMI.
    In addition to the appropriate stringency qualifications, the CAR 
will be established through regulation, thus it is appropriate to 
augment the CTG's, which were issued after public notice and comment, 
with the CAR. Therefore, since EPA believes that the CAR is at least as 
stringent as the RACT established in the CTG and since this action 
fulfills the procedural requirements for establishing RACT, EPA is 
proposing to pre-approve the CAR as RACT.

[[Page 57789]]

B. EPA Approval of the CAR as an Alternative Compliance Measure for the 
State Implementation Plan

    The EPA is aware that some State SIPs provide for the use of 
alternative emission limitations, control technologies, or monitoring 
methods for purposes of complying with the applicable SIP requirement. 
Use of such alternatives generally requires the prior approval of both 
EPA and the State to ensure that the alternative is equivalent to the 
method currently approved into the SIP. The EPA is proposing, based on 
its pre-approval of the CAR as meeting RACT, that where a SIP allows 
sources to adopt alternative means of control after approval by the 
State and EPA, no additional EPA approval will be required prior to the 
source implementing the CAR. In other words, EPA is proposing that a 
determination in the final CAR rule that the CAR is RACT for the 
relevant sources, will fulfill the EPA approval requirement in SIPs for 
adoption of alternative means of complying with a SIP-approved RACT 
requirement.1 Therefore, if--in accordance with an 
alternative measures provision in an approved SIP--a source applied to 
a State, seeking to implement the CAR rather than the current SIP-
approved RACT measures, the State could approve the use of the CAR as 
an alternative means of compliance and further EPA approval would not 
be necessary for the source to implement the CAR. In these cases--where 
the SIP expressly provides for the approval of alternative measures--
this pre-approval should provide an expedited mechanism for using the 
CAR to consolidate SIP and Federal emission standards.
---------------------------------------------------------------------------

    \1\ EPA's pre-approval only applies if the State is approving 
the CAR as federally-promulgated. If the State wishes to approve an 
alternative that differs from the approved federal CAR, these 
streamlined procedures would not apply. Rather a full SIP revision 
request would be needed. However, as noted in section C., below, EPA 
might be able to use the direct final process in processing some SIP 
revisions.
---------------------------------------------------------------------------

    However, through this proposed action, EPA is not and cannot revise 
any specific SIP to include the CAR. Where a SIP allows approval of 
alternative means of compliance, the source must still receive State 
approval, consistent with the terms in the SIP, in order to use the CAR 
as an alternative means of compliance. Independent State approval is 
necessary because the State has retained the authority to determine 
whether alternative means of control meet the State-adopted RACT 
requirements. States have the authority under section 116 of the Clean 
Air Act to establish controls that exceed RACT. Therefore, although EPA 
is proposing that the CAR is at least equivalent to the presumptive 
RACT requirement in the existing CTGs, the State must have the 
opportunity to determine whether the CAR is an appropriate alternative 
to the measures that were adopted by the State and approved into the 
SIP. This determination is critical since a State may have adopted 
tighter means of control for purposes of attaining the NAAQS or meeting 
some other applicable requirement of the CAA (for example, 15 percent 
VOC reduction requirement).
    For cases in which the SIP requirements are more stringent than the 
CAR as it would apply to specific sources, EPA recognizes that use of 
the CAR as an alternative to the SIP may jeopardize achievement or 
maintenance of the NAAQS. In those cases, EPA expects that the State 
would disapprove use of the CAR as an alternative means of compliance 
with the SIP.
    In determining whether the CAR can be used as an alternative to the 
SIP, the State must consider whether the CAR requires control to an 
equal or higher degree than the emission limitations of the SIP. 
Because EPA, through this rulemaking, is establishing the compliance 
measures (monitoring, recordkeeping, and reporting) which correspond to 
a particular control option as sufficient to assure compliance with the 
presumptive RACT emission limitation, EPA believes that it will not be 
necessary for a State to compare the particular compliance measures of 
the SIP to the CAR in order to approve the CAR as an alternative if the 
State has adopted the presumptive measures that were provided in the 
CTG. Rather, the State may choose to restrict its review to the 
sufficiency of the control measures and emission limitations in the 
CAR, in order to provide for greater use of the burden reductions 
inherent in the compliance measures of today's proposed CAR.
    The EPA believes that there will be few, if any, instances in which 
the CAR would serve to relax a previously applicable SIP requirement. 
However, since there may be limited cases where that could occur, EPA 
is seeking comment on whether a more rigorous SIP review process should 
be required in those few instances. Therefore, EPA is seeking comment 
on whether the State should be required to submit through the formal 
SIP revision process any state approval of the CAR where the CAR 
provides for fewer emission reductions than the previously-approved 
SIP.
    Although a source may implement the CAR upon State approval, EPA is 
also proposing that the State subsequently submit the CAR for official 
incorporation into the SIP. The EPA is proposing that the State could 
make this submission through letter notice.2 This process 
will serve to ensure that the applicable control requirement, i.e., the 
CAR, is reflected in the SIP. Without this process, the SIP would 
continue to indicate that the source was subject to the previously 
approved RACT limit. The letter notice will ensure that EPA is informed 
about the applicable SIP requirements for sources and will allow the 
Agency to fulfill its obligation to provide that information to the 
public (See for example The Act 110(h), 42 USC 7410(h)).
---------------------------------------------------------------------------

    \2\ For further information on the letter notice process, see 55 
FR 5829, February 16, 1990.
---------------------------------------------------------------------------

    Since, at this point the incorporation of the CAR into the SIP will 
merely be a technical revision, EPA believes that letter notice is an 
acceptable procedure. Under the letter notice procedures, the State 
submits the revision by letter to EPA upon State approval of the CAR 
for a specific source or group of sources. The EPA would not need to 
undertake a lengthy notice-and-comment rulemaking process to 
incorporate the revision into the SIP. Rather, the regional office 
would notify the State and the source by letter that the SIP was being 
revised to reflect the submission. Periodically, each EPA Regional 
office would publish a notice in the Federal Register to notify the 
public of the SIP revisions that had been made. Furthermore, at that 
time, EPA would ensure that the federally-approved SIP reflected the 
CAR as the alternative means of compliance for the relevant source(s).
    The EPA seeks comment on the validity and usefulness of this 
approach to extend consolidation of regulatory requirements to include 
SIP requirements.

C. Expedited State Implementation Plan Approvals for Incorporation of 
the CAR as a Reasonably Available Control Technology Compliance Option

    In many cases the SIP explicitly provides an exclusive means of 
compliance with RACT. This exclusivity would preclude the use of the 
process proposed above since the SIP does not allow for an alternative 
means of compliance. In such cases, the State may utilize other options 
to address overlapping requirements between the SIP, NSPS, and NESHAP 
programs. One approach which the State could take would be to revise 
the regulations which form the basis of the SIP, either to include 
boilerplate

[[Page 57790]]

provisions for approved alternatives or to explicitly incorporate the 
CAR as a means of complying with RACT. EPA is proposing the use of 
measures described below in order to ensure that this SIP revision 
process would work quickly and effectively so that the CAR may be 
utilized as quickly as possible as a compliance tool.
    Because EPA is proposing to determine through this action that the 
CAR is at least equivalent to presumptive RACT, EPA believes that there 
will be little need for public comment on a case-by-case basis as SIPs 
are revised to incorporate the federally-enacted CAR as an alternative 
means of compliance. However, it will be necessary for some States to 
revise their SIPs to include the CAR for this purpose. Therefore, such 
States would need to submit the CAR to EPA as a SIP revision. For 
States that submit the CAR, as finalized in the federal rules, EPA is 
proposing to use letter notice procedures to revise the SIP to 
incorporate the CAR. (Again, EPA seeks comment on whether a different 
process should be used where the CAR would relax the previously-
approved SIP requirement.) However, if a State submits a rule that 
differs from that established through the final federal rulemaking on 
the CAR, EPA would need to undertake notice-and-comment rulemaking 
procedures in order to provide an opportunity for public participation.
    Although EPA believes notice-and-comment rulemaking would be needed 
if the State-adopted rule differs from the federally-enacted CAR, in 
some instances, EPA might be able to utilize the existing ``direct 
final'' method of rulemaking in order to significantly expedite the 
rulemaking process. Under such a procedure, EPA publishes a proposed 
and final action simultaneously indicating that if no adverse comments 
are received, the final action will be effective 60 days following 
publication. If adverse comments are received, EPA will withdraw the 
final action, address the comments and subsequently publish a new final 
action in light of the comments received.3
---------------------------------------------------------------------------

    \3\ For further information on the direct final process, see 59 
FR 24054, May 10, 1994.
---------------------------------------------------------------------------

D. Streamlining of Overlapping State Implementation Plan, New Source 
Performance Standards, and National Emission Standards for Hazardous 
Air Pollutants Requirements in the Title V Permitting Process

    In addition to undertaking rulemaking to revise the SIP, or as an 
option to that approach, the State may wish to take advantage of the 
title V permitting process as a mechanism for addressing overlapping 
requirements. The process by which this may be accomplished is 
discussed in detail in EPA guidance entitled, ``White Paper Number 2 
For Improved Title V Implementation,'' issued on March 5, 1996.
    The White Paper Number 2 describes how a source may propose 
streamlining to distill or ``streamline'' multiple overlapping 
requirements into one set that will assure compliance with all 
requirements. According to the guidance, multiple emissions limits 
applying to an emission unit may be streamlined into one limit if that 
limit is at least as stringent as the most stringent limit. If no one 
requirement is clearly more stringent than the others, the applicant 
may synthesize the conditions of all the applicable requirements into a 
single new permit term that will assure compliance with all 
requirements. The streamlined monitoring, recordkeeping, and reporting 
requirements would generally be those associated with the most 
stringent emissions limit, providing they would assure compliance to 
the same extent as any subsumed monitoring. Thus, monitoring, 
recordkeeping, or reporting to determine compliance with subsumed 
limits would not be required where the source implements the 
streamlined approach.
    It is important to emphasize that while streamlining may be 
initiated by either the applicant or the permitting authority, it can 
only be implemented where the permit applicant consents to its use.

X. Summary of Benefits and Other Impacts

    The CAR contains a number of significant benefits to all parties; 
in fact, regulatory improvement benefitting all is the main purpose of 
the CAR, as described earlier in the discussion on goals and 
objectives. Many of the same benefits and features of the CAR help all 
the parties equally, while some are more beneficial to others. The 
benefits and improvements of the CAR are individually discussed in 
detail in section VI of this preamble. The most significant benefits 
afforded by the CAR include:
     Requirements in 3 different parts and 16 different 
subparts have been brought together into 1 set of requirements in a 
single part;
     Structure of the rule is designed with the ``end-user'' in 
mind;
     Monitoring requirements for equipment leaks have been 
greatly reduced and simplified; and
     Data handling burden has been greatly reduced due to 
requirements to keep only the most recent 3 hours of CPMS monitoring 
data.
    The recordkeeping and reporting burden associated with the CAR 
reflects a substantial reduction in burden hours as compared to the 
referencing subparts. EPA has assessed the recordkeeping and reporting 
burden for the CAR and estimates a net reduction in burden of about 
1700 hours per year for a representative chemical plant with 3 process 
units opting to use the CAR. Burden reduction is a function of the size 
and complexity of a plant site and will therefore vary for individual 
plant sites.
    In addition, it is expected that the CAR will provide improved 
compliance and resource savings. By having a clearer, simpler, smaller, 
consistent set of rules, both industry and enforcement agencies will 
know better what is expected, and can concentrate on implementing and 
complying with the requirements instead of trying to understand 
provisions of several different rules. Because the rules can be much 
more easily implemented, there will be better compliance. By the same 
token, when the regulations are more easily implemented, with resulting 
better compliance, there will be less enforcement action and 
litigation, saving resources of both enforcement agencies and industry.

XI. Additional Amendments to Equipment Leak Referencing Subparts

    Today's action includes some additional amendments to 40 CFR part 
60, subpart VV and 40 CFR part 61, subpart V that are not necessitated 
by proposal of the CAR. Rather, these amendments are being proposed in 
order to clarify some specific provisions and to incorporate some 
provisions for safety consistent with the HON equipment leak provisions 
that have been amended several times in recent years. Today's proposed 
amendments would incorporate these same improvements into 40 CFR part 
60, subpart VV and 40 CFR part 61, subpart V. The rationale for all of 
the proposed amendments remains the same as it was for amending the 
HON. Discussion of these HON amendments is found in preambles to the 
proposed amendments (59 FR 48175, September 20, 1994; 60 FR 18020, 
April 10, 1995; 61 FR 31435, June 20, 1996; and 62 FR 2721, January 17, 
1997). The proposed amendments to 40 CFR part 60, subpart VV and 40 CFR 
part 61, subpart V consist of the following changes.

[[Page 57791]]

A. Closed-vent Systems and Control Devices

    The language in 40 CFR part 60, subpart VV and 40 CFR part 61, 
subpart V defining CVS would be changed from ``systems * * * composed 
of piping'' to ``systems * * * composed of hard-piping [or] ductwork.'' 
Definitions of ``hard-piping'' and ``ductwork,'' taken from the HON, 
would be added to both 40 CFR part 60, subpart VV and 40 CFR part 61, 
subpart V to accommodate the amended definition of CVS. Definitions 
distinguishing between hard-piping and ductwork allow for a distinction 
to be made between the applicable inspection requirements.
    The inspection requirements for CVS hard-piping and ductwork have 
been clarified in 40 CFR part 61, subpart V to be consistent with 40 
CFR part 60, subpart VV and the HON. Closed-vent system ductwork must 
be inspected initially and annually thereafter using Test Method 21; 
CVS hard-piping must be inspected initially using Test Method 21, and 
then visually inspected annually thereafter. Prior to these amendments, 
there was no clear distinction made in 40 CFR part 61, subpart V 
between ductwork and hard-piping inspection requirements, and all 
conveyance systems had to be inspected annually using Method 21. 
However, EPA recognizes that systems constructed of hard-piping are 
extremely unlikely to leak, and therefore, annual Method 21 inspections 
are unnecessary for hard-piping. Further discussion about the 
inspection requirements for CVS ductwork versus CVS hard-piping is 
included in the Federal Register notice proposing this amendment for 40 
CFR part 60, subpart VV (59 FR 36155, July 15, 1994) and in the Federal 
Register notice issuing the final HON (59 FR 19447, April 22, 1994).
    The definitions of CVS in 40 CFR part 60, subpart VV and 40 CFR 
part 61, subpart V would also be modified for consistency with the HON 
to include systems that are routed back to a process. Similarly, 
provisions in both subparts that require a control device for pumps, 
compressors, or pressure relief devices would be amended to allow 
routing to a fuel gas system or routing back to a process in lieu of 
routing through a CVS to a control device.

B. Sampling Connection Systems

    The HON provisions on the treatment of purge material would be 
added to 40 CFR part 60, subpart VV and 40 CFR part 61, subpart V. The 
added provisions would allow three additional control options for purge 
materials. These options include: (1) sending purge material to a 
hazardous waste treatment, storage, and disposal facility (TSDF), if it 
contains hazardous waste; (2) sending purge material to a facility 
permitted by a State to handle municipal or industrial solid waste, if 
it is not hazardous waste; or (3) sending the purge material to a waste 
management unit that is complying with the group 1 wastewater 
provisions of 40 CFR part 63, subpart G.
    When EPA amended the HON with these three additional control 
options, the option to send purge material to a waste management unit 
that is complying with the HON Group 1 wastewater provisions included 
an exemption for streams that do not contain any organic HAP listed on 
table 9 of 40 CFR part 63, subpart G. This exemption is not included in 
the proposed amendments for 40 CFR part 60, subpart VV or 40 CFR part 
61, subpart V. These two subparts address VOC, and benzene and vinyl 
chloride, respectively.
    Table 9 was created to help define organic HAP of regulatory 
concern for the HON wastewater provisions. It therefore does not serve 
as an appropriate basis for exemption from VOC controls under 40 CFR 
part 60, subpart VV. Many regulated VOC are not HAP, and they have 
never been assessed for inclusion in table 9. No satisfactory 
substitute for table 9 exists for VOC. Moreover, table 9 is not an 
appropriate basis for exemption under 40 CFR part 61, subpart V because 
subpart V applies to streams containing benzene or vinyl chloride, and 
table 9 lists both of these compounds.
    The EPA is not including the exemption because the circumstances 
associated with purge material in wastewater streams are not the same 
in these cases as were present with the HON amendment. For more 
discussion on how table 9 was developed see the Hazardous Air Pollutant 
Emissions from Process Units in the Synthetic Organic Chemical 
Manufacturing Industry--Background Information for Final Standards, 
Volume 2B: Comments on Wastewater (EPA-453/R-94-003b) section 3.2 The 
control options allowed in the proposed amendment meet the intent of 
the sampling connection system provisions, which is to ensure that 
purged material is captured and either returned to a process or 
destroyed, and offers additional compliance flexibility.
    The HON definition of ``sampling connection systems'' would also be 
added to 40 CFR part 60, subpart VV and 40 CFR part 61, subpart V. 
Prior to this proposed amendment, neither subpart included a definition 
of this term. The addition would be made for clarity and would not 
effect the requirements in either subpart.

C. Standards for Control Devices and Recovery Systems

    Provisions for recovery devices and enclosed combustion devices in 
40 CFR part 60, subpart VV and 40 CFR part 61, subpart V would be 
amended to allow an exit concentration of 20 parts per million by 
volume (ppmv) as an alternative to the 95 percent control efficiency 
requirement. The 20 ppmv alternative standard was added to the HON 
provisions (61 FR 43698, August 26, 1996). The use of this option is 
provided for cases where there would be large amounts of dilution air, 
such as enclosed vented processes. The EPA considers the 20 ppmv 
alternative standards to be a reasonable design concentration for 
circumstances covered by these two subparts. For low concentration 
streams, it is difficult to obtain the 95 percent removal that is 
required. A 20 ppmv outlet concentration is obtainable for these 
streams. In addition, EPA reiterates that this proposed alternative 
standard will be allowed only in the cases where circumvention by 
dilution can reasonably be detected.

D. Safety Considerations

    Several amendments made to the HON equipment leak provisions for 
safety reasons (60 FR 18073, April 10, 1995) are being proposed for 40 
CFR part 60, subpart VV and 40 CFR part 61, subpart V. These amendments 
are being proposed for safety reasons and for consistency among 
equipment leak rules; they would exempt equipment from particular 
requirements (for example, inspections) if the required activity may 
pose a safety hazard. Use of these proposed exemptions will be strictly 
limited to equipment for which a real need could be reasonably argued.
    Pumps would be exempt from monthly monitoring and weekly visual 
inspection requirements if such monitoring or inspection is unsafe. The 
owner or operator must maintain a written plan for monitoring and 
inspecting these pumps as frequently as possible under safe conditions. 
The associated recordkeeping requirements for inspection and monitoring 
would be amended accordingly.
    Pressure relief devices equipped with a rupture disc upstream of 
the pressure relief device would be exempt from the requirement to 
operate with no detectable emissions. Owners and operators would have 
to replace these rupture discs as soon as is practical and

[[Page 57792]]

no later than 5 days after each pressure release.
    Open-ended valves and lines would be exempt from the requirement to 
be closed or sealed if they are part of an emergency shutdown system, 
or if the open-ended valve or line contains material that would 
autocatalytically polymerize or cause a safety hazard if capped or 
sealed.
    Any parts of a closed-vent system that are designated by the owner 
or operator as unsafe to inspect would be exempt from requirements for 
initial and annual inspection and monitoring. The owner or operator 
would have to maintain records of equipment so designated and a written 
plan for inspecting this equipment as often as possible under safe 
conditions.
    Parts of a CVS that cannot be inspected without elevating the 
inspector more than 2 meters above a support surface could be 
designated difficult to inspect and thereby exempt from inspection and 
monitoring requirements. Equipment designated difficult to inspect must 
be part of a modified or reconstructed process unit or the owner or 
operator must designate no more than 3 percent of the CVS equipment 
difficult to inspect. Additionally, the owner or operator must maintain 
a written plan for inspecting the equipment at least every 5 years.

XII. Solicitation of Specific Comments

    The Administrator solicits comments on all aspects of this 
proposal. Comments on specific technical features of the rule are 
solicited in section VI of this preamble as each topic is discussed. 
These technical features include:
     The introduction of halogen scrubbers for NSPS process 
vents;
     The validity and usefulness of the CAR's implementation 
mechanism;
     The EPA's proposed policy for delegation to States; and
     The CAR's provisions requiring correction to 3 percent 
oxygen for all combustion device concentration measurements.
    The Administrator specifically requests comments on the usefulness 
of incorporating two features into the rule. First, should tables 
citing the provisions of the referencing subparts that still apply to 
owners and operators complying with the CAR be added to the CAR? And 
second, should a subgrouping program similar to that established for 
valve equipment leak monitoring [see Sec. 65.106(b)(4)] be created for 
connector equipment leak monitoring?
    In this section, the Administrator is also specifically requesting 
comments on the overall effectiveness of the proposed rule. Commenters 
should provide any available data and rationale to support their 
comments on each topic.
    The Administrator specifically requests comments on how well the 
proposed rule meets the President's objectives of rule consolidation. 
The stated goal of the rule is articulated in the March 16, 1995 White 
House papers entitled, ``Reinventing Environmental Regulation,'' as 
follows:

    EPA will work with key industries, beginning with the chemical 
industry, to eliminate conflicting and overlapping Federal air 
compliance requirements. Deleting duplicative and confusing 
requirements will result in increased understanding by industry 
about emission limits and monitoring, recordkeeping and reporting 
requirements, and will reduce compliance costs--with no measurable 
loss of environmental protection. Subsequently, consolidation for 
other media will be undertaken, based on experience gained with air 
rules.

The successes of this pilot project for the chemical industry should be 
measured against the 10 principles for reinventing environmental 
regulation, which were listed in the President's March 16 policy, as 
follows:

    1. Protecting public health and the environment are important 
national goals, and individuals, businesses and government must take 
responsibility for the impact of their actions.
    2. Regulation must be designed to achieve environmental goals in 
a manner that minimizes costs to individuals, businesses, and other 
levels of government.
    3. Environmental regulations must be performance-based, 
providing maximum flexibility in the means of achieving our 
environmental goals, but requiring accountability for the results.
    4. Preventing pollution, not just controlling or cleaning it up, 
is preferred.
    5. Market incentives should be used to achieve environmental 
goals, whenever appropriate.
    6. Environmental regulation should be based on the best science 
and economies, subject to expert and public scrutiny, and grounded 
in values Americans share.
    7. Government regulations must be understandable to those who 
are affected by them.
    8. Decision making should be collaborative, not adversarial, and 
decision makers must inform and involve those who must live with the 
decisions.
    9. Federal, State, tribal and local governments must work as 
partners to achieve common environmental goals, with non-Federal 
partners taking the lead when appropriate.
    10. No citizen should be subjected to unjust or disproportionate 
environmental impacts.

    The CAR addresses several of these principles (numbers 1, 2, 3, 6, 
7, 8, and 9). Comments are requested on the following topics to 
evaluate how well the CAR embraces these principles and to identify 
specific changes that could be made to improve the benefits of 
consolidation.
     One intent of the CAR is to provide an end-user friendly 
structure to regulatory requirements. Would you want to see this 
structure repeated in future rulemakings? What could have been done 
better?
     One intent of the CAR is to update, clarify, and eliminate 
ambiguity in the regulatory requirements. Was this goal accomplished? 
What specific improvements could be made?
     One intent of the CAR is to provide for improved 
environmental results by clarifying and simplifying the set of 
regulations. Do you believe that the proposed rule will improve the 
level of compliance?
     One intent of the CAR is to reduce the overall regulatory 
compliance burden. The goal was to achieve burden reduction for all 
parties: EPA, the states, the public, and the regulated community. Will 
the proposed rule reduce burden? What further improvements can be made?
     One intent of the CAR is to have a single, consolidated 
set of requirements for the SOCMI Industry. Is the proposed single rule 
an improvement?
     One intent of the CAR is to reduce the amount of 
regulatory information that stakeholders must review to determine 
regulatory requirements in the SOCMI Industry. Has this goal been met?
     One intent of the CAR is to reduce the complexities of 
overlapping regulations among different Federal air programs. How well 
has this goal been met? What improvements could be made?
     One intent of the CAR is to provide a linear logic in 
proceeding through the regulatory requirements; i.e., start at the 
beginning of a rule and work your way as far into the regulation as is 
appropriate for the emission point. For example, if a section of the 
regulation does not apply to the emissions unit then everything 
necessary for achieving compliance should be identified at that 
regulation location and with no need to go deeper into the regulation 
to make sure that there is not an imbedded requirement (for example, a 
reporting requirement located near the end of a rule related to an 
exemption contained in an earlier section). How well was this goal met?
     The CAR constitutes a substantial re-organization of 
massive amounts of regulatory information. Underlying regulatory intent 
was intended to be

[[Page 57793]]

retained except where noted in this preamble. Has the reorganization of 
the information implied a change in substantive requirements or 
compliance expectations that has not been explicitly identified?
     The CAR is optional at the choice of the SOCMI owner/
operator as an alternative compliance program for existing rules. Are 
the requirements for opting into CAR compliance and opting out of CAR 
compliance clear?

XIII. Administrative Requirements

A. Public Hearing

    A public hearing will be held, if requested, to provide opportunity 
for interested persons to make oral presentations regarding the 
requirements in the proposed regulation in accordance with section 
307(d)(5) of the Act. Persons wishing to make oral presentation on the 
proposed regulation should contact EPA at the address given in the 
ADDRESSES section of this preamble. Oral presentations will be limited 
to 15 minutes each. Any member of the public may file a written 
statement before, during, or within 30 days after the hearing. Written 
statements should be addressed to the Air and Radiation Docket and 
Information Center at the address given in the ADDRESSES section of 
this preamble and should refer to Docket No. A-96-01. A verbatim 
transcript of the hearing and written statements will be available for 
inspection and copying during normal business hours at the EPA's Air 
and Radiation Docket and Information Center in Washington, DC (see 
ADDRESSES section of the preamble).

B. Docket

    The docket is an organized and complete file of all the information 
considered by EPA in the development of this rulemaking. The docket is 
a dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process.

C. Paperwork Reduction Act

    The information collection requirements in these proposed rules 
have been submitted for approval to the Office of Management and Budget 
(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. 1854.01) and copies may be obtained from Sandy Farmer, 
OPPE Regulatory Information Division; U.S. Environmental Protection 
Agency (2137); 401 M Street, S.W.; Washington, DC 20460 or by calling 
(202) 260-2740.
    Information is required to ensure compliance with the provisions of 
the proposed rules. If the relevant information were collected less 
frequently, the EPA would not be reasonably assured that a source is in 
compliance with the proposed rules. In addition, the EPA's authority to 
take administrative action would be reduced significantly.
    The proposed rules would require that facility owners or operators 
retain records for a period of at least five years, which exceeds the 
three year retention period contained in the guidelines in 5 CFR 
1320.6. The five year retention period is consistent with the 
provisions of the General Provisions of 40 CFR Part 63, and with the 
five year records retention requirement in the operating permit program 
under Title V of the CAA.
    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)]. 
The information collection complies with the Privacy Act of 1974 and 
Office of Management and Budget (OMB) Circular 108.
    Information to be reported consists of emission data and other 
information that are not of a sensitive nature. No sensitive personal 
or proprietary data are being collected.
    The estimated annual average hour burden for CAR is about 6,600 
hours per respondent. The estimated annual average cost of this burden 
is about $255,000 for each of the estimated 100 (projected) 
respondents.
    Reports are required on a semi-annual basis and as required, as in 
the case of startup, shutdown, and malfunction plans. 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, S.W., Washington, DC 20460; and 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th Street, N.W., Washington, DC 20503, 
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in 
any correspondence. Since OMB is required to make a decision concerning 
the ICR's between 30 and 60 days after October 28, 1998, a comment to 
OMB is best assured of having its full effect if OMB receives it by 
November 27, 1998. The final rules will respond to any OMB or public 
comments on the information collection requirements contained in this 
proposal.

D. Executive Order 12866

    Under Executive Order 12866 (58 FR 5173, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;

[[Page 57794]]

    (3) materially alter the budgetary impact of entitlements, grants, 
user fees or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of the Executive Order, EPA has determined 
that this rule is a ``significant regulatory action.'' Therefore, the 
proposed regulation presented in this notice was submitted to the OMB 
for review as required. Any written comments from the OMB to EPA and 
any written EPA response to those comments will be included in the 
Docket listed at the beginning of this notice in the ADDRESSES section 
of this preamble.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq. (RFA), 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements unless the agency contends 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 upon a substantial number of small 
entities because it is an optional compliance method and does not 
introduce any new requirements. Sources, including small entities, may 
choose to comply with the proposed rule if they determine that it would 
be beneficial to do so.
    Therefore, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

F. Unfunded Mandates

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for the proposed and final rules with ``Federal 
mandates'' 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 one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of the EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that these rules do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate or the private 
sector in any one year. Thus, today's rules are not subject to the 
requirements of sections 202 and 205 of the UMRA.
    The EPA has determined that these rules contain no regulatory 
requirements that might significantly or uniquely affect small 
governments. No small government entities have been identified that 
have involvement with these source categories and, as such, are not 
covered by the regulatory requirements of the proposed regulations.

G. Enhancing the Intergovernmental Partnership Under Executive Order 
12875

    In compliance with Executive Order 12875, EPA has involved States 
and local governments in the development of this rule. State and local 
air pollution control associations participated in the regulatory 
development and have provided regulatory review.

H. Clean Air Act

    In accordance with section 117 of the Act, publication of this 
proposal was preceded by consultation with appropriate advisory 
committees, independent experts, and Federal departments and agencies. 
This regulation will be reviewed 8 years from the date of promulgation. 
This review will include an assessment of such factors as evaluation of 
the residual health risks, any overlap with other programs, the 
existence of alternative methods, enforceability, improvements in 
emission control technology and health data, and the recordkeeping and 
reporting requirements.

I. National Technology Transfer and Advancement Act

    Under section 12 of the National Technology Transfer and 
Advancement Act of 1995, the EPA must consider the use of ``voluntary 
consensus standards,'' if available and applicable, when implementing 
policies and programs, unless it would be ``inconsistent with 
applicable law or otherwise impractical.'' The intent of the National 
Technology Transfer and Advancement Act is to reduce the costs to the 
private and public sectors by requiring federal agencies to draw upon 
any existing, suitable technical standards used in commerce or 
industry.
    A ``voluntary consensus standard'' is a technical standard 
developed or adopted by a legitimate standards-developing organization. 
The Act defines ``technical standards'' as ``performance-based or 
design-specific technical specifications and related management systems 
practices.'' A legitimate standards-developing organization must 
produce standards by consensus and observe principles of due process, 
openness, and balance of interests. Examples of organizations that are 
regarded as legitimate standards-developing organizations 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 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. 
Since today's proposal does not involve the establishment or 
modification of technical standards, the requirements of the National 
Technology Transfer and Advancement Act do not apply.

J. Executive Order 13045

    The Executive Order 13045 applies to any rule that EPA determines 
(1) ``economically significant'' as defined under Executive order 
12866, and (2) the environmental health or safety risk addressed by the 
rule has a

[[Page 57795]]

disproportionate effect of children. If the regulatory action meets 
both criteria, the Agency must evaluate the environment health or 
safety effects of the planned rule on children; and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to E.O. 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 
disproportionately affect children.

K. 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. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemical manufacturing, Intergovernmental 
relations, Volatile organic compounds, Hazardous substances, Reporting 
and recordkeeping requirements, Incorporation by reference.

40 CFR Part 61

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemical manufacturing, Intergovernmental 
relations, Volatile organic compounds, Hazardous substances, Reporting 
and recordkeeping requirements, Incorporation by reference.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemical manufacturing, Intergovernmental 
relations, Volatile organic compounds, Hazardous substances, Reporting 
and recordkeeping requirements, Incorporation by reference.

40 CFR Part 65

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemical manufacturing, Intergovernmental 
relations, Volatile organic compounds, Hazardous substances, Reporting 
and recordkeeping requirements, Incorporation by reference.

    Dated: September 28, 1998.
Carol M. Browner,
Administrator.

    For the reasons cited in the preamble, the Environmental Protection 
Agency proposes to amend 40 CFR parts 60, 61, and 63 and to add 40 CFR 
part 65 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

    Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7601 and 
7602.

Subpart Ka--Standards of Performance for Storage Vessels for 
Petroleum Liquids for Which Construction, Reconstruction, or 
Modification Commenced After May 18, 1978, and Prior to July 23, 
1984

    2. Section 60.110a is amended by revising paragraph (a), and adding 
paragraphs (c), (d), (e), and (f) to read as follows:


Sec. 60.110a  Applicability and designation of affected facility.

    (a) Affected facility. Except as provided in paragraph (b) of this 
section, the affected facility to which this subpart applies is each 
storage vessel with a storage capacity greater than 151,416 liters 
(40,000 gallons) that is used to store petroleum liquids for which 
construction is commenced after May 18, 1978.
* * * * *
    (c) Alternative means of compliance--SOCMI CAR unit basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart C to 
satisfy the requirements of Secs. 60.112a through 60.114a, as provided 
in paragraphs (e) and (f) of this section, for all storage vessels that 
are subject to this subpart that store petroleum liquids that, as 
stored, have a maximum true vapor pressure equal to or greater than 
10.3 kPa (1.5 psia), and that are part of a SOCMI CAR unit. A SOCMI CAR 
unit is defined in 40 CFR 65.2 of subpart A. Other provisions applying 
to owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1 of subpart A.
    (d) Alternative means of compliance--affected source basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart C to 
satisfy the requirements of Secs. 60.112a through 60.114a, as provided 
in paragraphs (e) and (f) of this section, for any storage vessels that 
are subject to this subpart that store petroleum liquids that, as 
stored, have a maximum true vapor pressure equal to or greater than 
10.3 kPa (1.5 psia), and that are not part of a SOCMI CAR unit, but are 
located at the same plant site as a SOCMI CAR unit that is complying 
with 40 CFR part 65. A SOCMI CAR unit is defined in 40 CFR 65.2 of 
subpart A. Other provisions applying to owners or operators who choose 
to comply with 40 CFR part 65 are provided in 40 CFR 65.1 of subpart A.
    (e) Part 60 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, as provided in paragraph (c) or (d) of 
this section, must also comply with Secs. 60.1, 60.2, 60.5, 60.6, 
60.14, 60.15, 60.16, and 60.7 (a)(1) and (a)(4) of subpart A for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph do not apply to owners or 
operators of storage vessels complying with 40 CFR part 65, subpart C, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 remain in effect. Owners and operators who choose to comply 
with 40 CFR part 65, subpart C, must comply with 40 CFR part 65, 
subpart A.
    (f) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable

[[Page 57796]]

subparts of 40 CFR part 65 for all equipment, process vents, loading 
racks (transfer racks) or storage vessels that are within the SOCMI CAR 
unit, that are subject to a CAR referencing subpart, and that are 
eligible to comply with the CAR. A SOCMI CAR unit and the CAR 
referencing subparts are defined in 40 CFR 65.2 of subpart A.
    3. Section 60.115a is amended by revising paragraph (d)(2) as 
follows:


Sec. 60.115a  Monitoring of operations.

* * * * *
    (d) * * *
    (2) The owner or operator of each storage vessel equipped with a 
vapor recovery and return or disposal system in accordance with the 
requirements of Sec. 60.112a(a)(3) and (b), or a closed vent system and 
control device meeting the specifications of 40 CFR 65.42(b)(4), 
(b)(5), (c)(1), or (c)(2).

Subpart Kb--Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Including Petroleum Liquid Storage Vessels) for 
Which Construction, Reconstruction, or Modification Commenced After 
July 23, 1984

    4. Section 60.110b is amended by adding paragraphs (e), (f), (g), 
(h), (i), and (j) as follows:


Sec. 60.110b  Applicability and designation of affected facility.

* * * * *
    (e) Alternative means of compliance--SOCMI CAR unit basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart C to 
satisfy the requirements of Secs. 60.112b through 60.117b, as provided 
in paragraphs (g), (h), (i) and (j) of this section, for all storage 
vessels that are subject to this subpart that meet the specifications 
in paragraphs (e)(1) and (e)(2) of this section, and that are part of a 
SOCMI CAR unit. When choosing to comply with 40 CFR part 65, subpart C, 
as provided in paragraphs (g), (h), (i) and (j) of this section, the 
monitoring requirements of Sec. 60.116b(c), (e), (f)(1), and (g) remain 
in effect. A SOCMI CAR unit is defined in 40 CFR 65.2, subpart A. Other 
provisions applying to owners or operators who choose to comply with 40 
CFR part 65 are provided in 40 CFR 65.1 of subpart A.
    (1) A storage vessel with a design capacity greater than or equal 
to 151 m3 containing a VOL that, as stored, has a maximum 
true vapor pressure equal to or greater than 5.2 kPa, or
    (2) A storage vessel with a design capacity greater than 75 m 
3 but less than 151 m 3 containing a VOL that, as 
stored, has a maximum true vapor pressure equal to or greater than 27.6 
kPa.
    (f) Alternative means of compliance--affected source basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart C to 
satisfy the requirements of Secs. 60.112b through 60.117b, as provided 
in paragraphs (g), (h), (i) and (j) of this section, for any storage 
vessels that are subject to this subpart, that meet the specifications 
in paragraphs (e)(1) and (e)(2) of this section, and that are not part 
of a SOCMI CAR unit, but are located at the same plant site as a SOCMI 
CAR unit that is complying with 40 CFR part 65. When choosing to comply 
with 40 CFR part 65, subpart C, as provided in paragraphs (g), (h), (i) 
and (j) of this section, the monitoring requirements of 
Sec. 60.116b(c), (e), (f)(1), and (g) remain in effect. A SOCMI CAR 
unit is defined in 40 CFR 65.2 of subpart A. Other provisions applying 
to owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1 of subpart A.
    (g) Part 60 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, as provided in paragraphs (e) or (f) of 
this section, must also comply with Secs. 60.1, 60.2, 60.5, 60.6, 
60.14, 60.15, 60.16, and 60.7(a)(1) and (a)(4) of subpart A for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph do not apply to owners or 
operators of storage vessels complying with 40 CFR part 65, subpart C, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 remain in effect. Owners and operators who choose to comply 
with 40 CFR part 65, subpart C, must comply with 40 CFR part 65, 
subpart A.
    (h) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks) or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2 of subpart A.
    (i) Internal Floating roof report. If an owner or operator installs 
an internal floating roof and, at initial startup, chooses to comply 
with the CAR, as provided in paragraphs (e) or (f) of this section, a 
report shall be furnished to the Administrator stating that the control 
equipment meets the specifications of 40 CFR 65.43 of subpart C. This 
report shall be an attachment to the notification required by 40 CFR 
65.5(b) of subpart A.
    (j) External Floating roof report. If an owner or operator installs 
an external floating roof and, at initial startup, chooses to comply 
with the CAR, as provided in paragraphs (e) or (f) of this section, a 
report shall be furnished to the Administrator stating that the control 
equipment meets the specifications of 40 CFR 65.44 of subpart C. This 
report shall be an attachment to the notification required by 40 CFR 
65.5(b) of subpart A.
    5. Section 60.116b is amended by revising paragraph (g) as follows:


Sec. 60.116b  Monitoring of operations.

* * * * *
    (g) The owner or operator of each vessel equipped with a closed 
vent system and control device meeting the specification of 
Sec. 60.112b or with emissions reductions equipment as specified in 40 
CFR 65.42(b)(4), (b)(5), (b)(6), or (c) of subpart C is exempt from the 
requirements of paragraphs (c) and (d) of this section.

Subpart VV--Standards of Performance for Equipment Leaks of VOC in 
the Synthetic Organic Chemicals Manufacturing Industry

    6. Section 60.480 is amended by adding paragraph (e) to read as 
follows:


Sec. 60.480  Applicability and designation of affected facility.

* * * * *
    (e) Alternative means of compliance. Owners or operators of 
equipment that is subject to this subpart may choose to comply with the 
provisions of 40 CFR part 65, subpart F to satisfy the requirements of 
Secs. 60.482 through 60.487 of this subpart, as provided in paragraphs 
(e)(1) and (e)(2). When choosing to comply with 40 CFR part 65, subpart 
F, as provided in paragraphs (e)(1) and (e)(2), the requirements of 
Secs. 60.482-1(a), 60.485(d), (e), and (f), and 60.486(i) and (j) 
apply. Other provisions applying to an owner or operator who chooses to 
comply with 40 CFR part 65 are provided in 40 CFR 65.1 of subpart A.
    (1) Part 60 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.14, 60.15, 60.16, and 60.7(a)(1) and (a)(4) of subpart A 
of this part for that equipment. All sections and paragraphs of subpart 
A of this part that are not mentioned in this paragraph do not apply to 
owners or operators of

[[Page 57797]]

equipment subject to this subpart complying with 40 CFR part 65, 
subpart F, except that provisions required to be met prior to 
implementing 40 CFR part 65 remain in effect. Owners and operators who 
choose to comply with 40 CFR part 65, subpart F, must comply with 40 
CFR part 65, subpart A.
    (2) Comply on a SOCMI unit basis. When choosing to comply with any 
subpart of 40 CFR part 65 for any equipment, process vent, loading rack 
(transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks), or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2 of subpart A.
    7. Section 60.481 is amended by revising the definition of ``closed 
vent system'' and adding in alphabetical order the definitions of 
``duct work,'' ``hard-piping,'' and ``sampling connection system,'' to 
read as follows:


Sec. 60.481  Definitions.

* * * * *
    Closed vent system means a system that is not open to the 
atmosphere and that is composed of hard-piping, ductwork connections, 
and, if necessary, flow-inducing devices that transport gas or vapor 
from a piece or pieces of equipment to a control device or back to a 
process.
* * * * *
    Duct work 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.
* * * * *
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgement and standards such as ANSI 
B31-3.
* * * * *
    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.
* * * * *
    8. Section 60.482-1 is amended by revising paragraph (a) to read as 
follows:


Sec. 60.482-1  Standards: General.

    (a) Each owner or operator subject to the provisions of this 
subpart shall demonstrate compliance with the requirements of 
Secs. 60.482-1 to 60.482-10 or 60.480(e) for all equipment within 180 
days of initial startup.
* * * * *
    9. Section 60.482-2 is amended by revising paragraphs (d)(1)(ii) 
and (f), and adding paragraphs (g) and (h) to read as follows:


Sec. 60.482-2  Standards: Pumps in light liquid service.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Equipment with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system connected by a closed vent 
system to a control device that complies with the requirements of 
Sec. 60.482-10; or
* * * * *
    (f) If any pump is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or to a fuel gas system or to a control device that complies 
with the requirements of Sec. 60.482-10, it is exempt from the 
paragraphs (a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec. 60.486(f)(1), 
as an unsafe-to-monitor pump is exempt from the requirements of 
paragraph (a) of this section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practicable during 
safe-to-monitor times.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and provided that each 
pump is visually inspected as often as practicable and at least 
monthly.
    10. Section 60.482-3 is amended by revising paragraphs (b)(2) and 
(h) to read as follows:


Sec. 60.482-3  Standards: Compressors.

* * * * *
    (b) * * *
    (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 complies with the requirements of 
Sec. 60.482-10; or
* * * * *
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section, if it is equipped with a closed vent system to 
capture and transport leakage from the compressor drive shaft back to a 
process or fuel gas system or to a control device that complies with 
the requirements of Sec. 60.482-10, except as provided in paragraph (i) 
of this section.
* * * * *
    11. Section 60.482-4 is amended by revising paragraph (c), and 
adding paragraph (d) to read as follows:


Sec. 60.482-4  Standards: Pressure relief devices in gas/vapor service.

* * * * *
    (c) Any pressure relief device that is routed to a process or fuel 
gas system equipped with a closed vent system capable of capturing and 
transporting leakage through the pressure relief device to a control 
device as described in Sec. 60.482-10 is exempted from the requirements 
of paragraphs (a) and (b).
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a rupture disk shall be installed 
upstream of the pressure relief device as soon as practicable, but no 
later than 5 calendar days after each pressure release, except as 
provided in Sec. 60.482-9 of this subpart.
    12. Section 60.482-5 is amended by adding paragraph (b)(4) to read 
as follows:


Sec. 60.482-5  Standards: Sampling connection systems.

* * * * *
    (b) * * *
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (b)(4)(i), (b)(4)(ii), or 
(b)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 of subpart 
G, if the waste management unit is subject to, and operated in 
compliance with the provisions of 40 CFR part 63, subpart G applicable 
to Group 1 wastewater streams.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if

[[Page 57798]]

the process fluids are not hazardous waste as defined in 40 CFR part 
261.
* * * * *
    13. Section 60.482-6 is amended by adding paragraphs (d) and (e) to 
read as follows:


Sec. 60.482-6  Standards: Open-ended valves or lines.

* * * * *
    (d) Open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process 
upset are exempt from the requirements of paragraphs (a), (b) and (c) 
of this section.
    (e) Open-ended valves or lines containing materials which 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 paragraphs (a) through 
(c) of this section are exempt from the requirements of paragraphs (a) 
through (c) of this section.
    14. Section 60.482-10 is amended by revising paragraphs (b) and (c) 
to read as follows:


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

* * * * *
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the VOC emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VOC emissions vented to them with an efficiency of 95 
percent or greater, or to an exit concentration of 20 parts per million 
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is 
less stringent or to provide a minimum residence time of 0.75 seconds 
at a minimum temperature of 816  deg.C.
* * * * *
    15. Section 60.486 is amended by revising paragraphs (f) 
introductory text and (f)(1) to read as follows:


Sec. 60.486  Recordkeeping requirements.

* * * * *
    (f) The following information pertaining to all valves subject to 
the requirements of Sec. 60.482-7 (g) and (h) and to all pumps subject 
to the requirements of Sec. 60.482-2(g) shall be recorded in a log that 
is kept in a readily accessible location:
    (1) A list of identification numbers for valves and pumps that are 
designated as unsafe-to-monitor, an explanation for each valve or pump 
stating why the valve or pump is unsafe-to-monitor, and the plan for 
monitoring each valve or pump.
* * * * *

Subpart DDD--Standards of Performance for Volatile Organic Compound 
Emissions From the Polymer Manufacturing Industry

    16. Section 60.560 is amended by adding paragraphs (j), (k), (l), 
and (m) to read as follows:


Sec. 60.560  Applicability and designation of affected facilities.

* * * * *
    (j) Alternative means of compliance--SOCMI CAR unit basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart G for 
continuous process vents that are subject to this subpart, that meet 
the specifications in Sec. 60.562-1(a)(1)(i)(A), (a)(1)(i)(B), or 
(a)(1)(i)(C) where control is required as determined in Sec. 60.562-
1(a)(1)(ii) and (a)(1)(iii), and that are part of a SOCMI CAR unit. The 
requirements of 40 CFR part 65, subpart G satisfy the requirements of 
paragraph (c) of this section and Secs. 60.563 through 60.566, except 
for 60.565(g)(1) and (l). A SOCMI CAR unit is defined in 40 CFR 65.2 of 
subpart A. Other provisions applying to owners or operators who choose 
to comply with 40 CFR part 65 are provided in 40 CFR 65.1 of subpart A.
    (k) Alternative means of compliance--affected source basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart G for 
continuous process vents that are subject to this subpart, that meet 
the specifications in Sec. 60.562-1(a)(1)(i)(A), (a)(1)(i)(B), or 
(a)(1)(i)(C) where control is required as determined in Sec. 60.562-
1(a)(1)(ii) and (a)(1)(iii), and that are not part of a SOCMI CAR unit, 
but that are located at the same plant site as a SOCMI CAR unit that is 
complying with 40 CFR, part 65. The requirements of 40 CFR part 65, 
subpart G satisfy the requirements of paragraph (c) of this section and 
Secs. 60.563 through 60.566, except for 60.565(g)(1) and (l). A SOCMI 
CAR unit is defined in 40 CFR 65.2 of subpart A. Other provisions 
applying to owners or operators who choose to comply with 40 CFR part 
65 are provided in 40 CFR 65.1 of subpart A.
    (l) Part 60 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart G, as provided in paragraphs (j) or (k) of 
this section, must also comply with Secs. 60.1, 60.2, 60.5, 60.6, 
60.14, 60.15, and 60.16, and 60.7(a)(1) and (a)(4) of subpart A for 
those process vents. All sections and paragraphs of subpart A of this 
part that are not mentioned in this paragraph do not apply to owners or 
operators of process vents complying with 40 CFR part 65, subpart G, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 remain in effect. Owners and operators who choose to comply 
with 40 CFR part 65, subpart G, must comply with 40 CFR part 65, 
subpart A.
    (m) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks) or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2 of subpart A.
    17. Section 60.565 is amended by revising paragraphs (g) 
introductory text and (l) to read as follows:


Sec. 60.565  Reporting and recordkeeping requirements.

* * * * *
    (g) Each owner or operator of an affected facility subject to the 
provisions of this subpart and seeking to demonstrate compliance with 
Sec. 60.560(j) or Sec. 60.560(k) or Sec. 60.562-1 shall keep up-to-
date, readily accessible records of:
* * * * *
    (l) Each owner or operator subject to the provisions of this 
subpart shall notify the Administrator of the specific provisions of 
Secs. 60.562, 60.560(d), or 60.560(e), as applicable, with which the 
owner or operator has elected to comply. Notification shall be 
submitted with the notifications of initial startup required by 
Sec. 60.7(a)(3) or 40 CFR 65.5(b) of subpart A. If an owner or operator 
elects at a later date to use an alternative provision of Sec. 60.562 
with which he or she will comply or becomes subject to Sec. 60.562 for 
the first time [i.e., the owner or operator can no longer meet the 
requirements of this subpart by complying with the uncontrolled 
threshold emission rate cutoff provision in Sec. 60.560(d) or (e)], 
then the owner or operator shall notify the Administrator 90 days 
before implementing a change and, upon implementing a change, a 
performance test shall be performed as specified in Sec. 60.564 or 40 
CFR part 65, subpart A.
* * * * *

[[Page 57799]]

Subpart III--Standards of Performance for Volatile Organic Compound 
(VOC) Emissions From the Synthetic Organic Chemical Manufacturing 
Industry (SOCMI) Air Oxidation Unit Processes

    18. Section 60.610 is amended by adding paragraphs (d) and (e) to 
read as follows:


Sec. 60.610  Applicability and designation of affected facility.

* * * * *
    (d) Alternative means of compliance. Owners or operators of process 
vents that are subject to this subpart may choose to comply with the 
provisions of 40 CFR part 65, subpart D to satisfy the requirements of 
paragraph (c) of this section and Secs. 60.612 through 60.615 of this 
subpart, except Sec. 60.615(a), as provided in paragraphs (d)(1), 
(d)(2) and (e) of this section. Other provisions applying to an owner 
or operator who chooses to comply with 40 CFR part 65 are provided in 
40 CFR 65.1 of subpart A.
    (1) Part 60 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.14, 60.15, 60.16, and 60.7(a)(1) and (a)(4) of subpart A 
of this part for those process vents. All sections and paragraphs of 
subpart A of this part that are not mentioned in this paragraph do not 
apply to owners or operators of process vents complying with 40 CFR 
part 65, subpart D, except that provisions required to be met prior to 
implementing 40 CFR part 65 remain in effect. Owners and operators who 
choose to comply with 40 CFR part 65, subpart D, must comply with 40 
CFR part 65, subpart A.
    (2) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, transfer 
rack or storage vessel in a SOCMI CAR unit, owners or operators must 
also comply with all applicable subparts of 40 CFR part 65 for all 
equipment, process vents, transfer racks or storage vessels that are 
within the SOCMI CAR unit, that are subject to a CAR referencing 
subpart, and that are eligible to comply with the CAR. A SOCMI CAR unit 
and the CAR referencing subparts are defined in 40 CFR 65.2 of subpart 
A.
    (e) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D at initial startup shall comply with 
paragraph (d) of this section for each vent stream on and after the 
date on which the initial performance test is completed, but not later 
than 60 days after achieving the maximum production rate at which the 
affected facility will be operated, or 180 days after the initial 
start-up, whichever date comes first.
    19. Section 60.615 is amended by revising paragraph (a) to read as 
follows:


Sec. 60.615  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Sec. 60.612 or Sec. 60.610(d) 
shall notify the Administrator of the specific provisions of 
Sec. 60.612 [Sec. 60.612 (a), (b), or (c)] or 40 CFR 65.63 of subpart D 
[40 CFR 65.63 (a)(1), (a)(2), or (a)(3)] with which the owner or 
operator has elected to comply. Notification shall be submitted with 
the notification of initial start-up required by Sec. 60.7(a)(3) or 40 
CFR 65.5(b) of subpart A as applicable. If an owner or operator elects 
at a later date to use an alternative provision of Sec. 60.612 with 
which he or she will comply, then the Administrator shall be notified 
by the owner or operator 90 days before implementing a change and, upon 
implementing the change, a performance test shall be performed as 
specified by Sec. 60.614 within 180 days.
* * * * *

Subpart NNN--Standards of Performance for Volatile Organic Compound 
Emissions from Synthetic Organic Chemical Manufacturing Industry 
Distillation Operations

    20. Section 60.660 is amended by adding paragraphs (d) and (e) to 
read as follows:


Sec. 60.660  Applicability and designation of affected facility.

* * * * *
    (d) Alternative means of compliance. Owners or operators of process 
vents that are subject to this subpart may choose to comply with the 
provisions of 40 CFR part 65, subpart D to satisfy the requirements of 
paragraph (c)(4) and (c)(6) of this section and Secs. 60.662 through 
60.665 of this subpart, except Sec. 60.665(a), as provided in 
paragraphs (d)(1), (d)(2) and (e). Other provisions applying to an 
owner or operator who chooses to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1 of subpart A.
    (1) Part 60 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.14, 60.15, 60.16, and 60.7 (a)(1) and (a)(4) of subpart 
A of this part for those process vents. All sections and paragraphs of 
subpart A of this part that are not mentioned in this paragraph do not 
apply to owners or operators of process vents complying with 40 CFR 
part 65, subpart D, except that provisions required to be met prior to 
implementing 40 CFR part 65 remain in effect. Owners and operators who 
choose to comply with 40 CFR part 65, subpart D, must comply with 40 
CFR part 65, subpart A.
    (2) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks), or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2 of subpart A.
    (e) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D, at initial startup shall comply with 
paragraph (d) of this section for each vent stream on and after the 
date on which the initial performance test is completed, but not later 
than 60 days after achieving the maximum production rate at which the 
affected facility will be operated, or 180 days after the initial 
start-up, whichever date comes first.
    21. Section 60.665 is amended by revising paragraphs (a) and (l)(6) 
to read as follows:


Sec. 60.665  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Secs. 60.662 or 60.660(d) 
shall notify the Administrator or the specific provisions of 
Sec. 60.662 [Sec. 60.662(a), (b), or (c)] or 40 CFR 65.63 of subpart D 
[40 CFR 65.63(a)(1), (a)(2), or (a)(3)] with which the owner or 
operator has elected to comply. Notification shall be submitted with 
the notification of initial start-up required by Sec. 60.7(a)(3) or 40 
CFR 65.5(b) of subpart A, as applicable. If an owner or operator elects 
at a later date to use an alternative provision of Sec. 60.662 with 
which he or she will comply, then the Administrator shall be notified 
by the owner or operator 90 days before implementing a change and, upon 
implementing the change, a performance test shall be performed as 
specified by Sec. 60.664 no later than 180 days from initial start-up.
* * * * *
    (l) * * *
    (6) Any change in equipment or process operation, as recorded under 
Sec. 60.665(j) that increases the design production capacity above the 
low capacity exemption level in Sec. 60.660(c)(5) and the new capacity 
resulting from the change for the

[[Page 57800]]

destination process unit containing the affected facility. These must 
be reported as soon as possible after the change and no later than 180 
days after the change. These reports may be submitted either in 
conjunction with semiannual reports or as a single separate report. A 
performance test must be completed within the same time period to 
obtain the vent stream flow rate, heating value, and ETOC. 
The performance test is subject to the requirements of Sec. 60.8 of the 
General Provisions. Unless the facility qualifies for an exemption 
under the low flow exemption in Sec. 60.660(c)(6), the facility must 
begin compliance with the requirements set forth in Secs. 60.662 or 
60.660(d).
* * * * *

Subpart RRR--Standards of Performance for Volatile Organic Compound 
Emissions From Synthetic Organic Chemical Manufacturing Industry 
(SOCMI) Reactor Processes

    22. Section 60.700 is amended by adding paragraphs (d) and (e) to 
read as follows:


Sec. 60.700  Applicability and designation of affected facility.

* * * * *
    (d) Alternative means of compliance. Owners or operators of process 
vents that are subject to this subpart may choose to comply with the 
provisions of 40 CFR part 65, subpart D to satisfy the requirements of 
paragraphs (c)(2), (c)(4), and (c)(8) of this section and Secs. 60.702 
through 60.705 of this subpart, except Sec. 60.705(a), as provided in 
paragraphs (d)(1), (d)(2) and (e). Other provisions applying to an 
owner or operator who chooses to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1, of subpart A.
    (1) Part 60 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.14, 60.15, 60.16, and 60.7(a)(1), (a)(2), and (a)(4) of 
subpart A of this part for those process vents. All sections and 
paragraphs of subpart A of this part that are not mentioned in this 
paragraph do not apply to owners or operators of process vents 
complying with 40 CFR part 65, subpart D, except that provisions 
required to be met prior to implementing 40 CFR part 65 remain in 
effect. Owners and operators who choose to comply with 40 CFR part 65, 
subpart D, must comply with 40 CFR part 65, subpart A.
    (2) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack), or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks), or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2, subpart A.
    (e) Owners or operators who choose to comply with 40 CFR part 65, 
subpart D at initial startup shall comply with paragraph (d) of this 
section for each vent stream on and after the date on which the initial 
performance test is completed, but not later than 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, or 180 days after the initial start-up, whichever 
date comes first.
    23. Section 60.705 is amended by revising paragraphs (a) and (l)(5) 
to read as follows:


Sec. 60.705  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Secs. 60.702 or 60.700(d) 
shall notify the Administrator or the specific provisions of 
Sec. 60.702 [Sec. 60.702(a), (b), or (c)] or 40 CFR 65.63 of subpart D 
[40 CFR 65.63(a)(1), (a)(2), or (a)(3)] with which the owner or 
operator has elected to comply. Notification shall be submitted with 
the notification of initial start-up required by Sec. 60.7(a)(3) or 40 
CFR 65.5(b) of subpart A, as applicable. If an owner or operator elects 
at a later date to use an alternative provision of Sec. 60.702 with 
which he or she will comply, then the Administrator shall be notified 
by the owner or operator 90 days before implementing a change and, upon 
implementing the change, a performance test shall be performed as 
specified by Sec. 60.704 no later than 180 days from initial start-up.
* * * * *
    (l) * * *
    (5) Any change in equipment or process operation, as recorded under 
Sec. 60.705(i), that increases the design production capacity above the 
low capacity exemption level in Sec. 60.700(c)(3) and the new capacity 
resulting from the change for the reactor process unit containing the 
affected facility. These must be reported as soon as possible after the 
change and no later than 180 days after the change. These reports may 
be submitted either in conjunction with semiannual reports or as a 
single separate report. A performance test must be completed within the 
same time period to obtain the vent stream flow rate, heating value, 
and ETOC. The performance test is subject to the requirements of 
Sec. 60.8 of the General Provisions. Unless the facility qualifies for 
an exemption under any of the exemption provisions listed in 
Sec. 60.700(c), the facility must begin compliance with the 
requirements set forth in Sec. 60.702 or Sec. 60.700(d).
* * * * *

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

    1. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601 and 
7602.

Subpart V--National Emission Standard for Equipment Leaks (Fugitive 
Emission Sources)

    2. Section 61.240 is amended by revising paragraph (a) and adding 
paragraphs (d), (e), (f), (g), (h), and (i) to read as follows:


Sec. 61.240  Applicability and designation of sources.

    (a) The provisions of this subpart apply to each of the following 
sources that are intended to operate in volatile hazardous air 
pollutant (VHAP) service: pumps, compressors, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, surge control vessels, bottoms receivers, and control 
devices or systems required by this subpart.
* * * * *
    (d) Alternative means of compliance--SOCMI CAR unit basis. Owners 
or operators may choose to comply with 40 CFR part 65, to satisfy the 
requirements of Secs. 61.242-1 through 61.247, as provided in 
paragraphs (f) through (i) of this section, for all equipment that is 
subject to this subpart and that is part of a SOCMI CAR unit. When 
choosing to comply with 40 CFR part 65, the requirements of 
Secs. 61.245(d), 61.246(i) and (j), and 61.247(a) and (f) still apply. 
A SOCMI CAR unit is defined in 40 CFR 65.2 of subpart A. Other 
provisions applying to owners or operators who choose to comply with 40 
CFR part 65 are provided in 40 CFR 65.1 of subpart A.
    (e) Alternative means of compliance--affected source basis. Owners 
or operators may choose to comply with 40 CFR part 65, to satisfy the 
requirements of Secs. 61.242-1 through 61.247, as provided in 
paragraphs (f) through (i) of this section, for any equipment that is 
subject to this subpart and that is not part of a SOCMI CAR unit, but 
is located at the same plant site as a SOCMI CAR

[[Page 57801]]

unit that is complying with 40 CFR part 65. When choosing to comply 
with 40 CFR part 65, the requirements of Secs. 61.245(d), 61.246(i) and 
(j), and 61.247(a) and (f) still apply. A SOCMI CAR unit is defined in 
40 CFR 65.2 of subpart A. Other provisions applying to owners or 
operators who choose to comply with 40 CFR part 65 are provided in 40 
CFR 65.1 of subpart A.
    (f) Surge control vessels and bottoms receivers. For owners or 
operators choosing to comply with 40 CFR part 65 as provided in 
paragraphs (d) or (e) of this section, each surge control vessel and 
bottoms receiver subject to this subpart that meets the conditions 
specified in table 1 or table 2 of this subpart shall meet the 
requirements for storage vessels in 40 CFR part 65, subpart C; all 
other equipment subject to this subpart shall meet the requirements in 
40 CFR part 65, subpart F.
    (g) Part 61 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C or F, as provided in paragraphs (d) or 
(e) of this section, must also comply with Secs. 61.01, 61.02, 61.05 
through 61.08, 61.11, 61.15, and 61.10(b) through (d) of subpart A for 
that equipment. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph do not apply to owners or 
operators of equipment subject to this subpart complying with 40 CFR 
part 65, subparts C or F, except that provisions required to be met 
prior to implementing 40 CFR part 65 still apply. Owners and operators 
who choose to comply with 40 CFR part 65, subpart C or F, must comply 
with 40 CFR part 65, subpart A.
    (h) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks) or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit the CAR referencing subparts are defined in 40 
CFR 65.2 of subpart A.
    (i) Rules referencing this subpart. Owners or operators referenced 
to this subpart from subpart F or J of this part may choose to comply 
with 40 CFR part 65 for all equipment listed in paragraph (a) of this 
section as provided in paragraph (d) or (e) of this section.


Sec. 61.241  [Amended]

    3. Section 61.241 is amended by revising the definitions of closed-
vent system and equipment, adding in alphabetical order the definitions 
of duct work, hard-piping, maximum true vapor pressure, sampling 
connection system, and surge control vessel, and removing the 
definition of product accumulator vessel.


Sec. 61.241  Definitions.

* * * * *
    Closed-vent system means a system that is not open to atmosphere 
and that is composed of hard-piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back to a process.
* * * * *
    Duct work 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.
    Equipment means each pump, compressor, pressure relief device, 
sampling connection system, open-ended valve or line, valve, connector, 
surge control vessel, bottoms receiver in VHAP service, and any control 
devices or systems required by this subpart.
* * * * *
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgement and standards such as ANSI 
B31-3.
* * * * *
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP 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, Evaporative Loss From External Floating-
Roof Tanks (incorporated by reference as specified in 40 CFR 63.14 of 
subpart A); 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 40 CFR 63.14 
of subpart A); or
    (4) Any other method approved by the Administrator.
* * * * *
    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.
* * * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit when in-process storage, mixing, or management of flow rates of 
volumes is needed on a recurring or ongoing basis to assist in 
production of a product.
* * * * *
    4. Section 61.242-2 is amended by redesignating paragraph (g) as 
(h) and by revising paragraphs (a)(1), (d)(1)(ii), (d)(6)(iv), and (f), 
and by adding paragraph (g), and by revising newly redesignated 
paragraph (h) to read as follows:


Sec. 61.242-2  Standards: Pumps.

    (a)(1) Each pump shall be monitored monthly to detect leaks by the 
methods specified in Sec. 61.245(b), except as provided in Sec. 61.242-
1(c) and paragraphs (d), (e), (f) and (g) of this section.
* * * * *
    (d) * * *
    (1) * * *
    (ii) 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 
Sec. 61.242-11; or
* * * * *
    (6) * * *
    (iv) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected. If there are indications of 
liquids dripping from the pump seal or the sensor indicates failure of 
the seal system, the barrier fluid system, or both based on the 
criterion determined in paragraph (d)(5)(ii) of this section, a leak is 
detected.
* * * * *
    (f) If any pump is equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or fuel gas system or to a control device that complies with 
the requirements of Sec. 61.242-11, it is exempt from the requirements 
of paragraphs (a) through (e) of this section.
    (g) Any pump that is designated, a described in Sec. 65.246(f)(1), 
as an unsafe-

[[Page 57802]]

to-monitor pump is exempt from the requirements of paragraph (a) of 
this section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practicable during 
safe-to-monitor times.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily 
requirements of paragraph (d)(5) of this section, provided that each 
pump is visually inspected as often as practicable and at least 
monthly.
    5. Section 61.242-3 is amended by revising paragraphs (b)(2) and 
(h) to read as follows:


Sec. 61.242-3  Standards: Compressors.

* * * * *
    (b) * * *
    (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 complies with the requirements of 
Sec. 61.242-11; or
* * * * *
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section if it is equipped with a closed-vent system to 
capture and transport leakage from the compressor drive shaft back to a 
process or to a fuel gas system or to a control device that complies 
with the requirements of Sec. 61.242-11, except as provided in 
paragraph (i) of this section.
* * * * *
    6. Section 61.242-4 is amended by revising paragraph (c) and adding 
paragraph (d) to read as follows:


Sec. 61.242-4  Standards: Pressure relief devices in gas/vapor service.

* * * * *
    (c) Any pressure relief device that is routed to a process or fuel 
gas system equipped with a closed-vent system capable of capturing and 
transporting leakage from the pressure relief device to a control 
device as described in Sec. 61.242-11 is exempt from the requirements 
of paragraphs (a) and (b) of this section.
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a rupture disk shall be installed 
upstream of the pressure relief device as soon as practicable, but no 
later than 5 calendar days after each pressure release, except as 
provided in Sec. 61.242-10 of this subpart.
    7. Section 61.242-5 is amended by revising paragraphs (a), (b) 
introductory text, (b)(1), (b)(2), and (c), and adding paragraph (b)(4) 
to read as follows:


Sec. 61.242-5  Standards: Sampling connecting systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purge, closed-loop, closed loop, or closed vent system, except 
as provided in Sec. 61.242-1(c).
    (b) Each closed-purge, closed-loop, or closed vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (b)(3) of this 
section:
    (1) Return the purged process fluid directly to the process line; 
or
    (2) Collect and recycle the purged process fluid; or
* * * * *
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (b)(4)(i), (b)(4)(ii), or 
(b)(4)(iii) of this section.
    (i) A waste management unit as defined in Sec. 63.111 of 40 CFR 
part 63, subpart G, if the waste management unit is subject to, and 
operated in compliance with the provisions of 40 CFR part 63, subpart G 
applicable to Group 1 wastewater streams.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 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.
    (c) In-situ sampling systems and sampling systems without purges 
are exempt from the requirements of paragraphs (a) and (b) of this 
section.
    8. Section 61.242-6 is amended by adding paragraphs (d) and (e) to 
read as follows:


Sec. 61.242-6  Standards: Open-ended valves or lines.

* * * * *
    (d) Open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process 
upset are exempt from the requirements of paragraphs (a), (b) and (c) 
of this section.
    (e) Open-ended valves or lines containing materials which 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 paragraphs (a) through 
(c) of this section are exempt from the requirements of paragraphs (a) 
through (c) of this section.
    9. Section 61.242-8 is amended by revising paragraph (a) to read as 
follows:


Sec. 61.242-8  Standards: Pressure relief devices in liquid service and 
flanges and other connectors.

    (a) Pressure relief devices in liquid service and connectors shall 
be monitored within 5 days by the method specified in Sec. 61.245(b) if 
evidence of a potential leak is found by visual, audible, olfactory, or 
any other detection method, except at provided in Sec. 61.242-1(c).
* * * * *
    10. Section 61.242-9 is revised to read as follows:


Sec. 61.242-9  Standards: Surge control vessels and bottoms receivers.

    Each surge control vessel and bottoms receiver shall be equipped 
with a closed-vent system capable of capturing and transporting any 
leakage from the vessel to a control device as described in 
Sec. 61.242-11, except as provided in Sec. 61.242-1(c).
    11. Section 61.242-11 is amended by redesignating paragraph (g) as 
(m), redesignating paragraph (f)(3) as (g) introductory text and 
revising it, by redesignating paragraph (f)(4) as (g)(1) and revising 
it, by revising paragraphs (b), (c), and (f) and by adding paragraphs 
(g)(2), (h), (i), (j), (k), and (l), and by revising newly redesignated 
paragraph (m) to read as follows:


Sec. 61.242-11  Standards: Closed-vent systems and control devices.

* * * * *
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the organic vapors vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VHAP emissions vented to them with an efficiency of 95 
percent or greater, or to an exit concentration of 20 parts per million 
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is 
less stringent, or to provide a minimum residence time of

[[Page 57803]]

0.50 seconds at a minimum temperature of 760  deg.C.
* * * * *
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (f)(1) and (f)(2) of 
this section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 61.245(b); and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 61.245(b); and
    (ii) Conduct annual inspections according to the procedures in 
Sec. 61.245(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practicable except as provided in 
paragraph (h) of this section.
    (1) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (h) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair is technically infeasible 
without a process unit shutdown or if the owner or operator determines 
that emissions resulting from immediate repair would be greater than 
the fugitive emissions likely to result from delay of repair. Repair of 
such equipment shall be complete by the end of the next process unit 
shutdown.
    (i) If a vapor collection system or closed vent system is operated 
under a vacuum, it is exempt from the inspection requirements or 
paragraphs (f)(1)(i) and (f)(2) of this section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (k)(1) of this section, as unsafe-to-inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified 
in paragraphs (j)(1) and (j)(2) of this section:
    (1) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraphs 
(f)(1)(i) or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-
to-inspect times.
    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult to inspect 
are exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified 
in paragraphs (k)(1) through (k)(3) of this section.
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The process unit within which the closed vent system is located 
is a new process unit, or the owner or operator designates less than 
3.0 percent of the total number of closed vent system equipment as 
difficult-to-inspect; and
    (3) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in 
paragraphs (l)(1) through (l)(5) of this section.
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe-to-inspect, an explanation of why the equipment is 
unsafe-to-inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated as difficult-to-inspect, an explanation of why the equipment 
is difficult-to-inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record 
of the information specified in Sec. 60.486(c).
    (4) For each inspection conducted in accordance with Sec. 61.245(b) 
during which no leaks are detected, a record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (5) For each visual inspection conducted in accordance with 
paragraph (f)(1)(ii) of this section during which no leaks are 
detected, a record that the inspection was performed, the date of the 
inspection, and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when 
emissions may be vented to them.
    12. Section 61.246 is amended by revising paragraphs (f) 
introductory text and (f)(1) to read as follows:


Sec. 61.246  Recordkeeping requirements.

* * * * *
    (f) The following information pertaining to all valves subject to 
the requirements of Sec. 61.242-27(g) and (h) and to all pumps subject 
to the requirements of Sec. 61.242-2(g) shall be recorded in a log that 
is kept in a readily accessible location:
    (1) A list of identification numbers for valves and pumps that are 
designated as unsafe to monitor, an explanation for each valve or pump 
stating why the valve or pump is unsafe to monitor, and the plan for 
monitoring each valve or pump.
* * * * *
    13. Section 61.247 is amended by revising paragraph (a)(3), 
redesignating paragraph (a)(4) as paragraph (a)(5), and adding 
paragraphs (a)(4) and (f) to read as follows:


Sec. 61.247  Reporting requirements.

    (a) * * *
    (3) In the case of new sources which did not have an initial 
startup date preceding the effective date, the statement required under 
paragraph (a)(1) of this section shall be submitted with the 
application for approval of construction, as described in Sec. 61.07 of 
subpart A.
    (4) For owners and operators complying with 40 CFR part 65, 
subparts C or F, the statement required under paragraph (a)(1) of this 
section shall notify the Administrator that the requirements of 40 CFR 
part 65, subparts C or F are being implemented.
* * * * *
    (f) For owners or operators choosing to comply with 40 CFR part 65, 
subparts C or F an application for approval of construction or 
modification, as required under Secs. 61.05 and 61.07 of subpart A will 
not be required if:
    (1) The new source complies with 40 CFR 65.106 through 65.115;
    (2) The new source is not part of the construction of a process 
unit; and
    (3) In the next semiannual report required by 40 CFR 65.120(b), the 
information in Sec. 61.247(a)(5) is reported.
    14. Tables 1 and 2 are added to part 61 at the end of subpart V. to 
read as follows:

[[Page 57804]]



   Table 1.--To Part 61, Subpart V. Surge Control Vessels and Bottoms
                      Receivers at Existing Sources
------------------------------------------------------------------------
                                                         Vapor pressure
            Vessel capacity (cubic meters)             \1\ (kilopascals)
------------------------------------------------------------------------
75  capacity < 151........................    13.1
151  capacity.............................     5.2
------------------------------------------------------------------------
\1\ Maximum true vapor pressure as defined in Sec.  61.241 of this
  subpart.


   Table 2.--To Part 61, Subpart V. Surge Control Vessels and Bottoms
                        Receivers at New Sources
------------------------------------------------------------------------
                                                         Vapor pressure
            Vessel capacity (cubic meters)             \1\ (kilopascals)
------------------------------------------------------------------------
38  capacity < 151........................    13.1
151  capacity.............................     0.7
------------------------------------------------------------------------
\1\ Maximum true vapor pressure as defined in Sec.  61.241 of this
  subpart.

Subpart Y--National Emission Standard for Benzene Emissions from 
Benzene Storage Vessels

    15. Section 61.270 is amended by adding paragraphs (g), (h), (i), 
and (j) to read as follows:
* * * * *
    (g) Alternative means of compliance--SOCMI CAR unit basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart C to 
satisfy the requirements of Secs. 61.271 through 61.277, except for 
Secs. 61.271(d) and 61.274(a), as provided in paragraphs (i) and (j) of 
this section, for all storage vessels that are subject to this subpart 
and that are part of a SOCMI CAR unit. A SOCMI CAR unit is defined in 
40 CFR 65.2 of subpart A. Other provisions applying to owners or 
operators who choose to comply with 40 CFR part 65 are provided in 40 
CFR 65.1 of subpart A.
    (h) Alternative means of compliance--affected source basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart C to 
satisfy the requirements of Secs. 61.271 through 61.277, except for 
Secs. 61.271(d) and 61.274(a), as provided in paragraphs (i) and (j) of 
this section, for any storage vessels that are subject to this subpart 
and that are not part of a SOCMI CAR unit, but are located at the same 
plant site as a SOCMI CAR unit that is complying with 40 CFR part 65. A 
SOCMI CAR unit is defined in 40 CFR 65.2 of subpart A. Other provisions 
applying to owners or operators who choose to comply with 40 CFR part 
65 are provided in 40 CFR 65.1 of subpart A.
    (i) Part 61 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, as provided in paragraphs (g) or (h) of 
this section, must also comply with Secs. 61.01, 61.02, 61.05 through 
61.08, 61.11, 61.15, and 61.10(b) through (d) of subpart A for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph do not apply for storage 
vessels complying with 40 CFR part 65, subpart C, except that 
provisions required to be met prior to implementing 40 CFR part 65 
remain in effect. Owners and operators who choose to comply with 40 CFR 
part 65, subpart C must comply with 40 CFR part 65, subpart A.
    (j) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks) or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2 of subpart A.
    16. Section 61.271 is amended by revising paragraph (d) to read as 
follows:


Sec. 61.271  Emission standard.

* * * * *
    (d) The owner or operator of each affected storage vessel shall 
meet the requirements of paragraph (a), (b), or (c) of this section or 
Sec. 61.270(g) or (h) as follows:
    (1) The owner or operator of each existing benzene storage vessel 
shall meet the requirements of paragraph (a), (b), or (c) of this 
section or Sec. 61.270(g) or (h) no later than 90 days after September 
14, 1989 with the exceptions noted in paragraphs (a)(5) and (b)(5), 
unless a waiver of compliance has been approved by the Administrator in 
accordance with Sec. 61.11.
    (2) The owner or operator of each benzene storage vessel upon which 
construction commenced after September 14, 1989 shall meet the 
requirements of paragraph (a), (b), or (c) of this section or 
Sec. 61.270(g) or (h) prior to filling (i.e., roof is lifted off leg 
supports) the storage vessel with benzene.
    (3) The owner or operator of each benzene storage vessel upon which 
construction commenced on or after July 28, 1988 and before September 
14, 1989 shall meet the requirements of paragraph (a), (b), or (c) of 
this section or Sec. 61.270(g) or (h) on September 14, 1989.
    17. Section 61.274 is amended by revising paragraph (a) to read as 
follows:


Sec. 61.274  Initial report.

    (a) The owner or operator of each storage vessel to which this 
subpart applies and which has a design capacity greater than or equal 
to 38 cubic meters (10,000 gallons) shall submit an initial report 
describing the controls which will be applied to meet the equipment 
requirements of Secs. 61.271 or 61.270(g) or (h). For an existing 
storage vessel or a new storage vessel for which construction and 
operation commenced prior to September 14, 1989, this report shall be 
submitted within 90 days of September 14, 1989 and can be combined with 
the report required by Sec. 61.10. For a new storage vessel for which 
construction or operation commenced on or after September 14, 1989, the 
report shall be combined with the report required by Sec. 61.07 or 40 
CFR 65.5(b) of subpart A. In the case where the owner or operator seeks 
to comply with Sec. 61.271(c), with a control device other than a 
flare, this information may consist of the information required by 
Sec. 61.272(c)(1).
* * * * *

Subpart BB--National Emission Standard for Benzene Emissions from 
Benzene Transfer Operations

    18. Section 61.300 is amended by revising paragraph (c) and adding 
paragraphs (f), (g), (h), and (i) to read as follows:


Sec. 61.300  Applicability.

* * * * *
    (c) Comply with standards at each loading rack. Any affected 
facility under paragraph (a) of this section shall comply with the 
standards in Sec. 61.302 or as specified in paragraph (f) through (i) 
of this section if applicable at each loading rack that is handling a 
liquid containing 70 weight-percent or more benzene.
* * * * *
    (f) Alternative means of compliance--SOCMI CAR unit basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart E to 
satisfy the requirements of Secs. 61.302 through 61.306, as provided in 
paragraphs (h) and (i) of this section, for all tank truck or railcar 
loading racks that are subject to this subpart and that are part of a 
SOCMI CAR unit. Loading racks are referred to as transfer racks in 40 
CFR part 65, subpart E. A SOCMI CAR unit is defined in 40 CFR 65.2 of 
subpart A.

[[Page 57805]]

Other provisions applying to owners or operators who choose to comply 
with 40 CFR part 65 are provided in 40 CFR 65.1 of subpart A. All 
marine vessel loading racks shall comply with the provisions in 
Secs. 65.302 through 65.306.
    (g) Alternative means of compliance--affected source basis. Owners 
or operators may choose to comply with 40 CFR part 65, subpart E to 
satisfy the requirements of Secs. 61.302 through 61.306, as provided in 
paragraphs (h) and (i) of this section, for any tank trucks or railcar 
loading racks that are subject to this subpart and that are not part of 
a SOCMI CAR unit, but are located at the same plant site as a SOCMI CAR 
unit that is complying with 40 CFR part 65. Loading racks are referred 
to as transfer racks in 40 CFR part 65 of subpart E. A SOCMI CAR unit 
is defined in 40 CFR 65.2 of subpart A. Other provisions applying to 
owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1 of subpart A. All marine vessel loading racks 
shall comply with Secs. 65.302 through 65.306.
    (h) Part 61 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart E, as provided in paragraphs (f) or (g) of 
this section, must also comply with Secs. 61.01, 61.02, 61.05 through 
61.08, 61.11, 61.15, and 61.10(b) through (d) of subpart A for those 
loading racks. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph do not apply to owners or 
operators of loading racks complying with 40 CFR part 65, subpart E, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 remain in effect. Owners and operators who choose to comply 
with 40 CFR part 65, subpart E, must comply with 40 CFR part 65, 
subpart A.
    (i) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks) or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2, of subpart A.

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

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

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

Subpart G--National Emission Standards for Organic Hazardous Air 
Pollutants From Synthetic Organic Chemical Manufacturing Industry 
for Process Vents, Storage Vessels, Transfer Operations, and 
Wastewater

    2. Section 63.110 is amended by adding paragraphs (i), (j), and (k) 
to read as follows:


Sec. 63.110  Applicability.

* * * * *
    (i) Alternative means of compliance. Owners or operators of CMPU 
that are subject to Sec. 63.100 of subpart F of this part may choose to 
comply with the provisions of 40 CFR part 65 as provided in paragraphs 
(i)(1), (i)(2), (i)(3), (j) and (k) of this section for all Group 1 and 
Group 2 process vents, Group 1 storage vessels, and Group 1 transfer 
operations that are part of the CMPU. Other provisions applying to 
owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1, of subpart A. Group 1 and Group 2 wastewater 
streams, Group 2 transfer operations, Group 2 storage vessels, and in-
process streams are not eligible to comply with 40 CFR part 65 and must 
continue to comply with the requirements of this subpart and subpart F 
of this part.
    (1) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart 
D satisfies the requirements of Secs. 63.113 through 63.118, 63.148, 
63.151, and 63.152 of this subpart and the requirements of Secs. 63.102 
and 63.103 of subpart F of this part.
    (2) For Group 1 storage vessels, 40 CFR part 65, subpart C 
satisfies the requirements of Secs. 63.119 through 63.123, 63.148, 
63.151, and 63.152 of this subpart and the requirements of Secs. 63.102 
and 63.103 of subpart F of this part.
    (3) For Group 1 transfer racks, 40 CFR part 65, subpart E satisfies 
the requirements of Secs. 63.126 through 63.130, 63.148, 63.151, and 
63.152 of this subpart and the requirements of Secs. 63.102 and 63.103 
of subpart F of this part.
    (j) Part 63 subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, as provided in paragraph (i) of this section, must 
also comply with the applicable general provisions of 40 CFR part 63 
listed in table 1A of this subpart. All sections and paragraphs of 
subpart A of this part that are not mentioned in table 1A of this 
subject do not apply to owners or operators who choose to comply with 
40 CFR part 65, except that provisions required to be met prior to 
implementing 40 CFR part 65 remain in effect. Owners and operators who 
choose to comply with a subpart of 40 CFR part 65 must comply with 40 
CFR part 65, subpart A.
    (k) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack), or storage vessel in a CMPU, owners or operators 
must also comply with all applicable subparts of 40 CFR part 65 for all 
equipment, process vents, loading racks (transfer racks), or storage 
vessels that are within the CMPU, that are subject to a CAR referencing 
subpart, and that are eligible to comply with the CAR. A CMPU that is 
subject to Sec. 63.100 of subpart F is a SOCMI CAR unit by definition. 
A SOCMI CAR unit and the CAR referencing subparts are defined in 40 CFR 
65.2, of subpart A.
    3. Table 1A is added to subpart G, immediately after table 1, to 
read as follows:

  Table 1A. to Subpart G.--Applicable 40 CFR Part 63 General Provision
------------------------------------------------------------------------
      40 CFR part 63 subpart A provisions for referencing subpart G
-------------------------------------------------------------------------
Sec.  63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4).
Sec.  63.2.
Sec.  63.5(a)(1), (a)(2), (b),(d)(1)(ii), (d)(3)(v), (d)(4),(e), (f)(2).
Sec.  63.6(a), (b)(3), (c)(5),(i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
 through (i)(14), (i)(16) and (j).
Sec.  63.9(a)(2), (b)(4)(i)a, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c),
 (d).
Sec.  63.10(d)(4).
Sec.  63.12(b).
------------------------------------------------------------------------
a The notifications specified in Secs.  63.9(b)(4)(i) and (b)(5) shall
  be submitted at the times specified in 40 CFR part 65.


[[Page 57806]]

Subpart H--National Emission Standards for Organic Hazardous Air 
Pollutants for Equipment Leaks

    4. Section 63.160 is amended by adding paragraph (g) to read as 
follows:


Sec. 63.160  Applicability and designation of source.

* * * * *
    (g) Alternative means of compliance. Owners or operators of 
equipment that is subject to Sec. 63.100 of subpart F of this part may 
choose to comply with the provisions of 40 CFR part 65 to satisfy the 
requirements of Secs. 63.162 through 63.182 of this subpart and 
Secs. 63.102 and 63.103 of subpart F of this part, as provided in 
paragraphs (g)(1), (g)(2), and (g)(3). When choosing to comply with 40 
CFR part 65, the requirements of Sec. 63.180(d) of this subpart remain 
in effect. Other provisions applying to an owner or operator who 
chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1, of 
subpart A.
    (1) Surge control vessels and bottoms receivers. For owners or 
operators choosing to comply with 40 CFR part 65, each surge control 
vessel and bottoms receiver subject to Sec. 63.100 of subpart F of this 
part that meets the conditions specified in table 2 or table 3 of this 
subpart shall meet the requirements for storage vessels in 40 CFR part 
65, subpart C; all other equipment subject to Sec. 63.100 of subpart F 
of this part shall meet the requirements in 40 CFR part 65, subpart F.
    (2) Part 63 Subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subparts C or F for equipment subject to 
Sec. 63.100 of subpart F of this part must also comply with the 
applicable general provisions of 40 CFR part 63 listed in table 4 of 
this subpart. All sections and paragraphs of subpart A of this part 
that are not mentioned in table 4 of this subpart do not apply to 
owners or operators of equipment subject to Sec. 63.100 of subpart F of 
this part complying with 40 CFR part 65, subparts C or F, except that 
provisions required to be met prior to implementing 40 CFR part 65 
remain in effect. Owners and operators who choose to comply with 40 CFR 
part 65, subparts C or F, must comply with 40 CFR part 65, subpart A.
    (3) Comply on a SOCMI CAR unit basis. When choosing to comply with 
any subpart of 40 CFR part 65 for any equipment, process vent, loading 
rack (transfer rack) or storage vessel in a SOCMI CAR unit, owners or 
operators must also comply with all applicable subparts of 40 CFR part 
65 for all equipment, process vents, loading racks (transfer racks), or 
storage vessels that are within the SOCMI CAR unit, that are subject to 
a CAR referencing subpart, and that are eligible to comply with the 
CAR. A SOCMI CAR unit and the CAR referencing subparts are defined in 
40 CFR 65.2, of subpart A.
    5. Table 4 is added to subpart H to read as follows:

   Table 4 to Subpart H--Applicable 40 CFR Part 63 General Provisions
------------------------------------------------------------------------
      40 CFR part 63 subpart A provisions for referencing subpart H
-------------------------------------------------------------------------
Sec.  63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4).
Sec.  63.2.
Sec.  63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(v), (d)(4), (e),
 (f)(1) and (f)(2).
Sec.  63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
 through (i)(14), (i)(16) and (j).
Sec.  63.9(a)(2), (b)(4)(i)a, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c) and
 (d).
Sec.  63.10(d)(4).
Sec.  63.12(b).
------------------------------------------------------------------------
a The notifications specified in Sec.  63.9(b)(4)(i) and (b)(5) shall be
  submitted at the times specified in 40 CFR part 65.

    6. Add part 65 to read as follows:

PART 65--CONSOLIDATED FEDERAL AIR RULE

Subpart A--General Provisions

Sec.
65.1  Applicability.
65.2  Definitions.
65.3  Compliance with standards and operation and maintenance 
requirements.
65.4  Recordkeeping.
65.5  Reporting requirements.
65.6  Startup, shutdown, and malfunction plan and procedures.
65.7  Monitoring, recordkeeping, and reporting waivers and 
alternatives.
65.8  Procedures for approval of alternative means of emission 
limitation.
65.9  Availability of information and confidentiality.
65.10  State authority.
65.11  Circumvention.
65.12  Delegation of authority.
65.13  Incorporation by reference.
65.14  Addresses.
65.15--65.19 [Reserved].
TABLE 1 TO SUBPART A--APPLICABLE 40 CFR PARTS 60, 61, AND 63 GENERAL 
PROVISIONS

Subpart B [Reserved]

Subpart C--Storage Vessels

Sec.
65.40  Applicability.
65.41  Definitions.
65.42  Control requirements.
65.43  Fixed roof with an internal floating roof (IFR).
65.44  External floating roof (EFR).
65.45  External floating roof converted into an internal floating 
roof.
65.46  Alternative means of emission limitation.
65.47  Recordkeeping provisions.
65.48  Reporting provisions.
65.49--65.59 [Reserved].

Subpart D--Process Vents

Sec.
65.60  Applicability.
65.61  Definitions.
65.62  Process vent group determination.
65.63  Performance and group status change requirements.
65.64  Group determination procedures.
65.65  Monitoring.
65.66  Recordkeeping provisions.
65.67  Reporting provisions.
65.68--65.79 [Reserved].
TABLE 1 TO SUBPART D--CONCENTRATION FOR GROUP DETERMINATION
TABLE 2 TO SUBPART D--TRE PARAMETERS FOR NSPS REFERENCING SUBPARTS
TABLE 3 TO SUBPART D--TRE PARAMETERS FOR HON REFERENCING SUBPARTS

Subpart E--Transfer Racks

Sec.
65.80  Applicability.
65.81  Definitions.
65.82  Design requirements.
65.83  Performance requirements.
65.84  Operating requirements.
65.85  Procedures.
65.86  Monitoring.
65.87  Recordkeeping provisions.
65.88--65.99 [Reserved].

Subpart F--Equipment Leaks

65.100  Applicability.
65.101  Definitions.
65.102  Alternative means of emission limitation.
65.103  Equipment identification.
65.104  Instrument and sensory monitoring for leaks.
65.105  Leak repair.

[[Page 57807]]

65.106  Standards: Valves in gas/vapor service and in light liquid 
service.
65.107  Standards: Pumps in light liquid service.
65.108  Standards: Connectors in gas/vapor service and in light 
liquid service.
65.109  Standards: Agitators in gas/vapor service and in light 
liquid service.
65.110  Standards: Pumps, valves, connectors, and agitators in heavy 
liquid service; pressure relief devices in liquid service; and 
instrumentation systems.
65.111  Standards: Pressure relief devices in gas/vapor service.
65.112  Standards: Compressors.
65.113  Standards: Sampling connection systems.
65.114  Standards: Open-ended valves or lines.
65.115  Standards: Closed vent systems and control devices; or 
emissions routed to a fuel gas system or process.
65.116  Quality improvement program for pumps.
65.117  Alternative means of emission limitation: Batch processes.
65.118  Alternative means of emission limitation: Enclosed-vented 
process units.
65.119  Recordkeeping provisions.
65.120  Reporting provisions.
65.121--65.139  [Reserved].
TABLE 1 TO SUBPART F--BATCH PROCESS MONITORING FREQUENCY FOR 
EQUIPMENT OTHER THAN CONNECTORS

Subpart G--Closed Vent Systems, Control Devices, and Routing to a Fuel 
Gas System or a Process

65.140  Applicability.
65.141  Definitions.
65.142  Standards.
65.143  Closed vent systems.
65.144  Fuel gas systems and processes to which storage vessel, 
transfer rack, or equipment leak regulated material emissions are 
routed.
65.145  Nonflare control devices used to control emissions from 
storage vessels or low-throughput transfer racks.
65.146  Nonflare control devices used for equipment leaks only.
65.147  Flares.
65.148  Incinerators.
65.149  Boilers and process heaters.
65.150  Absorbers used as control devices.
65.151  Condensers used as control devices.
65.152  Carbon adsorbers used as control devices.
65.153  Absorbers, condensers, carbon adsorbers, and other recovery 
devices used as final recovery devices.
65.154  Halogen scrubbers and other halogen reduction devices.
65.155  Other control devices.
65.156  General monitoring requirements for control and recovery 
devices.
65.157  Performance test and flare compliance determination 
requirements.
65.158  Performance test procedures for control devices.
65.159  Flare compliance determination and monitoring records.
65.160  Performance test and TRE index value determination records.
65.161  Continuous records and monitoring system data handling.
65.162  Nonflare control and recovery device monitoring records.
65.163  Other records.
65.164  Performance test and flare compliance determination 
notifications and reports.
65.165  Initial Compliance Status Reports.
65.166  Periodic reports.
65.167  Other reports.
65.168-65.169  [Reserved].

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

Subpart A--General Provisions


Sec. 65.1  Applicability.

    (a) The provisions of this subpart apply to owners or operators 
expressly referenced to this part from a subpart of 40 CFR part 60, 61, 
or 63 for which the owner or operator has chosen to comply with the 
provisions of this part as an alternative to the provisions in the 
referencing subpart as specified in paragraphs (b) and (c) of this 
section.
    (b) Owners or operators choosing to comply with a subpart of this 
part for any regulated source included in or assigned to a synthetic 
organic chemical manufacturing industry (SOCMI) consolidated air rule 
(CAR) unit must comply with all applicable subparts of this part for 
all other regulated sources that are included in or assigned to that 
SOCMI CAR unit and are subject to one of the referencing subparts. Any 
sources that become subject to a referencing subpart and that are part 
of a SOCMI CAR unit complying with this part must comply with this 
part.
    (c) Owners or operators may choose to comply with this part for any 
regulated source that meets the specifications listed in paragraphs 
(c)(1) and (c)(2) of this section.
    (1) The regulated source is located at the same plant site as a 
SOCMI CAR unit that is complying with this part, and
    (2) The regulated source is subject to one of the following 
subparts: 40 CFR part 60, subparts DDD, Ka, or Kb, or 40 CFR part 61 
subparts V, Y, or BB.
    (d) Compliance with this part instead of the referencing subparts 
does not alter the applicability of the referencing subparts. This part 
applies to only the equipment, process vents, storage vessels, or 
transfer operations to which the referencing subparts apply. The CAR 
does not extend applicability to equipment, process vents, storage 
vessels, or transfer operations that are not regulated by the 
referencing subpart.
    (e) The provisions of 40 CFR part 60, subpart A, 40 CFR part 61, 
subpart A, and 40 CFR part 63, subpart A that are listed in table 1 of 
this part still apply to owners or operators of regulated sources 
expressly referenced to this part. The owner or operator shall comply 
with the provisions in table 1 of this subpart in the column 
corresponding to the referencing subpart. All provisions of 40 CFR part 
60, subpart A, 40 CFR part 61, subpart A, and 40 CFR part 63, subpart A 
not expressly referenced in table 1 do not apply and the provisions of 
this part apply instead, except that provisions which were required to 
be met prior to implementation of part 65 remain in force.
    (f) Implementation date. Owners or operators who choose to comply 
with this part shall comply by the dates specified in paragraph (f)(1) 
or (f)(2) of this section, as applicable, and shall meet the 
requirement in paragraph (f)(3) of this section.
    (1) Except as provided in paragraph (f)(2) of this section, owners 
or operators shall implement this part as specified in an 
implementation schedule established in a title V permit or, if the 
source is not a title V source, by a date established by agreement with 
the Administrator or delegated authority. The implementation schedule 
shall be proposed by the source in a title V permit application or 
amendment or, for non-title V sources, in the Initial Notification for 
part 65 Applicability as specified in Sec. 65.5(c). The implementation 
schedule can not extend for longer than 3 years.
    (2) For SOCMI CAR units or regulated sources that will comply with 
this part at initial startup instead of with the requirements of the 
referencing subpart or subparts, the implementation date shall be at 
initial startup or by the compliance date specified by the applicable 
referencing subpart(s).
    (3) There shall be no gaps in compliance between compliance with 
the referencing subpart and compliance with this part.
    (g) Transitioning out of this part. Owners or operators who decide 
to no longer comply with this part and to comply with the provisions in 
the referencing subpart instead, shall comply with paragraphs (g)(1) 
through (g)(3) of this section, as applicable.
    (1) This transition shall be carried out on a date established in a 
title V permit or if the source is not a title V source, by a date 
established by agreement with the Administrator or delegated authority. 
The transition date shall be proposed in a title V permit amendment, 
or, for non-title V sources, in a periodic report or separate notice.
    (2) There shall be no gaps in compliance between compliance with 
this part and compliance with the referencing subpart provisions.

[[Page 57808]]

    (3) If an owner or operator decides to no longer comply with this 
part for a regulated source in a SOCMI CAR unit, then the owner or 
operator shall comply with the applicable referencing subparts for all 
regulated sources that are part of that SOCMI CAR unit.
    (h) Overlap with provisions of other subparts of this part. When 
provisions of another subpart of this part conflict with the provisions 
of this subpart, the provisions of the other subpart shall apply.
    (i) Alternative to the assignment procedures.
    (1) If an owner or operator has an elastomer product process unit 
(EPPU), thermoplastic product process unit (TPPU), or a petroleum 
refinery process unit (PRPU) that is subject to 40 CFR part 60 subpart 
VV, III, NNN, or RRR, then the EPPU, TPPU, or PRPU is a SOCMI CAR unit, 
and the assignment procedures in paragraphs (j), (l), and (m) of this 
section need not be carried out. The assignment procedures in paragraph 
(k) for transfer racks must be followed. An EPPU is defined in 40 CFR 
part 63, subpart U. A TPPU is defined in 40 CFR part 63, subpart JJJ. A 
PRPU is defined in 40 CFR part 63, subpart CC.
    (2) If an owner or operator has a chemical manufacturing process 
unit (CMPU) that is subject to 40 CFR 63.100 in subpart A or 40 CFR 
part 60, subparts VV, III, NNN, or RRR, then the CMPU is a SOCMI CAR 
unit, and the assignment procedures in paragraphs (j), (k), (l), and 
(m) of this section need not be carried out.
    (j) Storage vessel assignment procedures. The owner or operator 
shall follow the procedures specified in paragraphs (j)(1) through 
(j)(5) of this section to determine whether a storage vessel is part of 
a SOCMI CAR unit.
    (1) Where a storage vessel is dedicated to a SOCMI CAR unit, the 
storage vessel shall be considered part of that SOCMI CAR unit.
    (2) Where a storage vessel is not used by a SOCMI CAR unit it can 
not be assigned to that SOCMI CAR unit.
    (3) If a storage vessel is not dedicated to a SOCMI CAR unit, then 
the assignment of the storage vessel shall be determined according to 
the provisions in paragraphs (j)(3)(i) through (j)(3)(iii) of this 
section.
    (i) If a storage vessel is predominately used by a SOCMI CAR unit, 
then that storage vessel shall be assigned to that SOCMI CAR unit. If a 
storage vessel is predominately used by a process unit that is not a 
SOCMI CAR unit or is not part of a SOCMI CAR unit, then that storage 
vessel shall not be assigned to a SOCMI CAR unit. Predominant use shall 
be determined as specified in paragraphs (j)(3)(i)(A) through 
(j)(3)(i)(C) of this section.
    (A) If the greatest input into a storage vessel is from a SOCMI CAR 
unit that is located on the same plant site as that storage vessel, 
then that SOCMI CAR unit has the predominant use.
    (B) If the greatest input into the storage vessel is from a process 
unit that is not a SOCMI CAR unit and that is located on the same plant 
site as that storage vessel, then that process unit has the predominant 
use.
    (C) If the greatest input into the storage vessel is not from the 
same plant site as the storage vessel, then the predominant use is the 
process unit or SOCMI CAR unit on the same plant site that receives the 
greatest amount of material from the storage vessel.
    (ii) If a storage vessel is shared among process units and SOCMI 
CAR units so that there is no single predominant use, the storage 
vessel shall be considered part of a SOCMI CAR unit unless the storage 
vessel has been assigned under a subpart of 40 CFR part 63 to a process 
unit that is not a SOCMI CAR unit. In these cases, the storage vessel 
shall be assigned as specified in the subpart of 40 CFR part 63. If a 
storage vessel is shared among more than one SOCMI CAR unit, the owner 
or operator may assign the storage vessel to any of the SOCMI CAR 
units.
    (iii) If the predominant use of a storage vessel varies from year 
to year, then the assignment of the storage vessel shall be determined 
based on the utilization that occurred during the year preceding the 
date of the Title V permit establishing the implementation schedule 
specified in paragraph (f)(1) of this section, or the date of the 
initial notification of part 65 Applicability specified in paragraph 
(f)(1) of this section. This determination shall be reported as part of 
an operating permit application or as otherwise specified by the 
permitting authority.
    (4) Where a storage vessel is located in a tank farm (including a 
marine tank farm), the assignment of the storage vessel shall be 
determined according to the provisions in paragraphs (j)(4)(i) through 
(j)(4)(iii) of this section. If a plant site does not include a SOCMI 
CAR unit, a storage vessel in a tank farm associated with a plant site 
can not be assigned to a SOCMI CAR unit.
    (i) The storage vessel may only be assigned to a SOCMI CAR unit 
that utilizes the storage vessel and does not have an intervening 
storage vessel for that product (or raw material, as appropriate). With 
respect to any process unit or SOCMI CAR unit, an intervening storage 
vessel means a storage vessel connected by hard-piping to the process 
unit or SOCMI CAR unit and to the storage vessel in the tank farm so 
that product or raw material entering or leaving the process unit or 
SOCMI CAR 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 SOCMI CAR unit and no process unit at the 
plant site that meets the criteria of paragraph (j)(4)(i) of this 
section with respect to a storage vessel located at a tank farm, the 
storage vessel shall be assigned to that SOCMI CAR unit.
    (iii) If there are two or more process units and/or SOCMI CAR units 
at the plant site that meet the criteria of paragraph (j)(4)(i) of this 
section with respect to a storage vessel located at a tank farm, 
whether the storage vessel is assigned to a SOCMI CAR unit shall be 
determined according to the provisions of paragraph (j)(3) of this 
section. The predominant use shall be determined among only those 
process units and SOCMI CAR units that meet the criteria of paragraph 
(j)(4)(i) of this section.
    (5) If a storage vessel begins to receive material from (or send 
material to) another process unit or SOCMI CAR unit, or ceases to 
receive material from (or send material to) a SOCMI CAR unit, or if the 
assignment of the storage vessel has been determined according to the 
provisions of paragraph (j)(3) of this section and there is a change so 
that the predominant use may reasonably have changed, the owner or 
operator shall reevaluate the assignment of the storage vessel, and 
reassign if necessary.
    (k) Transfer rack assignment procedures. The owner or operator 
shall follow the procedures specified in paragraphs (k)(1) through 
(k)(4) of this section to determine whether the arms and hoses in a 
transfer rack are part of a SOCMI CAR unit.
    (1) Where a transfer rack is dedicated to a SOCMI CAR unit, the 
transfer rack shall be considered part of that SOCMI CAR unit.
    (2) Where a transfer rack is not used by a SOCMI CAR unit it can 
not be assigned to a SOCMI CAR unit.
    (3) If a transfer rack is not dedicated to a SOCMI CAR unit, then 
the assignment of the transfer rack shall be determined at each 
transfer arm or transfer hose according to the provisions in paragraphs 
(k)(3)(i) through (k)(3)(iv) of this section.
    (i) Each transfer arm or transfer hose that is dedicated to the 
transfer of liquid material from a SOCMI CAR unit is part of that SOCMI 
CAR unit.
    (ii) If a transfer arm or transfer hose is shared among SOCMI CAR 
units and/

[[Page 57809]]

or process units, and one of the SOCMI CAR units provides the greatest 
amount of the material that is loaded by that transfer arm or transfer 
hose, then the transfer arm or transfer hose is part of that SOCMI CAR 
unit. If a process unit that is not a SOCMI CAR unit or is not part of 
a SOCMI CAR unit provides the greatest amount of the material that is 
loaded by a transfer arm or transfer hose, then that transfer arm or 
transfer hose is not part of a SOCMI CAR unit.
    (iii) If a transfer arm or transfer hose is shared among process 
units and SOCMI CAR units so that there is no single predominant use as 
described in paragraph (k)(2)(ii) of this section, then that transfer 
arm or hose shall be considered part of the SOCMI CAR unit unless the 
transfer arm or transfer hose has been assigned under a 40 CFR part 63 
subpart to a process unit that is not a SOCMI CAR unit. In these cases, 
the transfer arm or transfer hose shall be assigned as specified in the 
40 CFR part 63 subpart. If a transfer arm or transfer hose is shared 
among more than one SOCMI CAR unit, the owner or operator may assign 
the transfer arm or transfer hose to any of the SOCMI CAR units.
    (iv) If the predominant use of a transfer arm or transfer hose 
varies from year to year, then the assignment of the transfer arm or 
transfer hose shall be determined based on the utilization that 
occurred during the year preceding the date of the Title V permit 
establishing the implementation schedule specified in paragraph (f)(1) 
of this section, or the date of the initial notification of part 65 
Applicability specified in paragraph (f)(1) of this section. This 
determination shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (4) If a transfer rack that was dedicated to a single process unit 
or SOCMI CAR unit begins to serve another process unit or SOCMI CAR 
unit, or if assignment was determined under the provisions of paragraph 
(k)(3) of this section and there is a change so that the predominant 
use may reasonably have changed, the owner or operator shall reevaluate 
the assignment of the transfer rack, transfer arm or transfer hose, and 
reassign if necessary.
    (l) Process vent assignment procedures. The owner or operator shall 
follow the procedures specified in paragraphs (l)(1) through (l)(4) of 
this section to determine whether the process vent(s) from a 
distillation unit is/are part of a SOCMI CAR unit.
    (1) Where a distillation unit is dedicated to SOCMI CAR unit, the 
process vents from that distillation unit shall be considered part of 
that SOCMI CAR unit.
    (2) If a distillation unit is not used by a SOCMI CAR unit, the 
process vents from that distillation unit can not be assigned to a 
SOCMI CAR unit.
    (3) If a distillation unit is not dedicated to a single SOCMI CAR 
unit, then the assignment of the process vents from that distillation 
unit shall be determined according to the provisions in paragraphs 
(l)(3)(i) through (l)(3)(iv) of this section.
    (i) If the greatest input to the distillation unit is from a SOCMI 
CAR unit located on the same plant site, then the process vents from 
that distillation unit shall be assigned to that SOCMI CAR unit.
    (ii) If the greatest input to the distillation unit is not provided 
from a process unit or SOCMI CAR unit that is located on the same plant 
site, then the process vents from the distillation unit shall be 
assigned to the SOCMI CAR unit located at the same plant site that 
receives the greatest amount of material from the distillation unit, 
unless a non-SOCMI process unit receives the greatest amount of 
material from the distillation unit. In this case, the process vents 
from the distillation unit shall not be assigned to a SOCMI CAR unit.
    (iii) If a distillation unit is shared among process units and 
SOCMI CAR units so that there is no single predominant use, as 
described in paragraphs (l)(3)(i) and (l)(3)(ii) of this section, the 
process vents from the distillation unit shall be considered to be part 
of the SOCMI CAR unit unless the distillation unit has been assigned 
under a 40 CFR part 63 subpart to a process unit that is not a SOCMI 
CAR unit. In these cases, the process vents from the distillation unit 
shall be assigned as specified in the 40 CFR part 63 subpart. If a 
distillation unit is shared among more than one SOCMI CAR unit, the 
owner or operator may assign the process vents from the distillation 
unit to any of the CAR units.
    (iv) If the predominant use of a distillation unit varies from year 
to year, then the assignment of the distillation unit shall be 
determined based on the utilization that occurred during the year 
preceding the date of the Title V permit establishing the 
implementation schedule specified in paragraph (f)(1) of this section, 
or the date of the initial notification of part 65 Applicability 
specified in paragraph (f)(1) of this section. This determination shall 
be included as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (4) If a distillation unit begins to serve another process unit or 
SOCMI CAR unit, or if assignment of the distillation unit was 
determined under the provisions of paragraph (l)(3) of this section and 
there is a change so that the predominant use may reasonably have 
changed, the owner or operator shall reevaluate the assignment of the 
process vents from the distillation unit, and reassignment if 
necessary.
    (m) Equipment assignment procedures. If specific items of equipment 
(pumps, compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, surge control vessels, and bottoms receivers), 
that are part of a SOCMI CAR unit complying with this part, are managed 
by different administrative organizations (for example, different 
companies, affiliates, departments, divisions, etc.) those items of 
equipment may be aggregated with any SOCMI CAR unit within the plant 
site.


Sec. 65.2  Definitions.

    All terms used in this part shall have the meaning given them in 
the Act and in this section. If a term is defined both in this section 
and in other parts that reference the use of this part, the term shall 
have the meaning given in this section for purposes of this part.
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or his or her authorized 
representative (for example, a State that has been delegated the 
authority to implement the provisions of this part).
    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 Administrator's satisfaction, 
using Method 301 in Appendix A of 40 CFR part 63 or approved by the 
Administrator prior to [date of publication of final rule in the 
Federal Register] to produce results adequate for the Administrator's 
determination that it may be used in place of a test method specified 
in this part.
    Approved permit program means a State permit program approved by 
the Administrator as meeting the requirements of part 70 of this 
chapter or a Federal permit program established in this chapter 
pursuant to title V of the Act (42 U.S.C. 7661).
    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

[[Page 57810]]

data values. Automated monitoring and recording systems include, but 
are not limited to, computerized systems and strip charts.
    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 (for example, connectors, reactors, valves, pumps) configured 
to produce a specific product or intermediate by a batch process.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater. Boiler also means any industrial furnace as defined in 40 CFR 
260.10.
    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.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (for example, from opened to closed) in 
such a way that the position of the valve cannot be changed without 
breaking the seal.
    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-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    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. A closed vent system does not 
include the vapor collection system that is part of any tank truck or 
railcar or the loading arm or hose that is used for vapor return. For 
transfer racks, the closed vent system begins at, and includes, the 
first block valve on the downstream side of the loading arm or hose 
used to convey displaced vapors.
    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.
    Compliance date means the date by which a regulated source is 
required to be in compliance with a relevant standard, limitation, 
prohibition, or any federally enforceable requirement established by 
the Administrator (or a State with an approved permit program) pursuant 
to the Act.
    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 (for example, porcelain, glass, 
or glass-lined) as described in Sec. 65.108(e)(2) of subpart F of this 
part.
    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 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. 65.161(a) of 
subpart G of this part.
    Continuous seal means a seal that is designed to form a continuous 
closure that completely covers the space between the wall of the 
storage vessel and the edge of the floating roof. A continuous seal may 
be a vapor-mounted, liquid-mounted, or metallic shoe seal. A continuous 
seal may be constructed of fastened segments so as to form a continuous 
seal.
    Control device means any combustion device, recovery device, 
recapture device, or any combination of these devices used to comply 
with this part. Such equipment or devices include, but are not limited 
to, absorbers, carbon adsorbers, condensers, incinerators, flares, 
boilers, and process heaters. For process vents (as defined in this 
section), recapture devices are considered control devices but recovery 
devices are not considered control devices except for the recovery 
devices specified in Sec. 65.63(a)(2)(ii). A fuel gas system is not a 
control device. For a steam stripper, a primary condenser is not 
considered a control device.
    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 source.
    Day means a calendar day.
    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.
    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.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Empty or emptying means the removal 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, so that the 
floating roof is resting on its legs, as necessitated by normal vessel 
operation (for example, when changing stored material or when 
transferring material out of the vessel for shipment) is not considered 
emptying.
    Equipment means each of the following that is subject to control 
under the referencing subpart: pump, compressor, agitator, pressure 
relief device, sampling connection system, open-ended valve or line, 
valve, connector, and instrumentation system;

[[Page 57811]]

and any control devices or systems used to comply with subpart F of 
this part.
    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.
    External floating roof or EFR means a pontoon-type (noncontact) or 
double-deck-type (contact) roof that is designed to rest on the stored 
liquid surface in a storage vessel with no fixed roof.
    Failure, EFR (referred to as EFR failure) is defined as any time 
the external floating roof's primary seal has holes, tears, or other 
openings in the shoe, seal fabric, or seal envelope; or the secondary 
seal has holes, tears, or other openings in the seal or the seal 
fabric; or the gaskets no longer close off the stored liquid surface 
from the atmosphere; or a slotted membrane has more than 10 percent 
open area.
    Failure, internal floating roof type A (referred to as IFR type A 
failure) means any time, as determined during visual inspection through 
roof hatches, in which the internal floating roof is not resting on the 
surface of the stored liquid inside the storage vessel and is not 
resting on the leg supports; or there is stored liquid on the floating 
roof; or there are holes, tears, or other openings in the seal or seal 
fabric; or there are visible gaps between the seal and the wall of the 
storage vessel.
    Failure, internal floating roof type B (referred to as IFR type B 
failure) means any time, as determined during internal inspections, the 
internal floating roof's primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or the gaskets no longer close off the stored liquid 
surface from the atmosphere; or a slotted membrane has more than 10 
percent open area.
    Fill or filling means the introduction of liquids into a storage 
vessel, but not necessarily to complete capacity.
    First attempt at repair, for the purposes of subparts F and G of 
this part, 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. 65.104(b) of subpart F of this part and 
Sec. 65.143(c) of subpart G of this part, as appropriate, to verify 
whether the leak is repaired unless the owner or operator determines by 
other means that the leak is not repaired.
    Fixed roof means a roof that is mounted (for example, permanently 
affixed) on a storage vessel in a stationary manner and that does not 
move with fluctuations in stored liquid level.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a roof consisting of an external floating roof 
or an internal floating roof that is designed to rest upon and is 
supported by the stored liquid, and is equipped with a continuous seal.
    Flow indicator means a device that indicates whether gas flow is 
present in a line, 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 stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Group 1 process vent means a process vent for which the flow rate 
is greater than or equal to 0.011 standard cubic meter per minute (0.39 
cubic feet per minute); the total concentration is greater than or 
equal to the appropriate value in table 1 of subpart D of this part, 
and the total resource effectiveness index value, calculated according 
to Sec. 65.64(h) of subpart D of this part is less than or equal to 
1.0.
    Group 2A process vent means a process vent that is not Group 1 or 
Group 2B for which monitoring and recordkeeping are required to 
demonstrate a total resource effectiveness index value greater than 
1.0.
    Group 2B process vent means a process vent that is not Group 1 or 
Group 2A for which monitoring and recordkeeping are not required to 
demonstrate a total resource effectiveness index value greater than 
4.0, or which are exempt from control requirements due to the vent 
stream's flow rate, regulated material concentration, or total resource 
effectiveness index value.
    Halogenated vent stream or halogenated stream means, for purposes 
of this part, a vent stream determined to be halogenated by the 
procedures specified in Sec. 65.83(b)(3) of subpart E of this part for 
transfer racks and in Sec. 65.64(g) of subpart D of this part for 
process vents, as applicable.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine 
(Br2), and hydrogen fluoride (HF).
    Hard-piping means pipe or tubing that is manufactured and installed 
using good engineering judgment and standards, such as American 
National Standards Institute (ANSI) B31-3.
    In food/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 that is a safety hazard;
    (3) The intended reaction to be slowed down or stopped; or
    (4) An undesired side reaction to occur.
    In gas/vapor service means that a piece of equipment in regulated 
material service contains a gas or vapor when in operation.
    In heavy liquid service means that a piece of equipment in 
regulated material service is not in gas/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 (0.04 pounds per square inch 
at 68  deg.F);
    (2) The total concentration of the pure organic compound 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
 deg.C (0.04 pounds per square inch at 68  deg.F) 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 American 
Society for Testing and Materials (ASTM) D-2879.)
    In liquid service means that a piece of equipment in regulated 
material service is not in gas/vapor service.
    In regulated material service means, for the purposes of the 
equipment leak provisions of subpart F of this part, equipment which 
meets the definition of ``in volatile organic compound service'', ``in 
volatile hazardous air pollutant service'', ``in benzene service'', 
``in vinyl chloride service'', or ``in organic hazardous air pollutant 
service'' as defined in the referencing subpart.

[[Page 57812]]

    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure that is at least 5 kilopascals (0.7 pounds per square inch) 
below ambient pressure.
    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. This energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Initial startup means, for new or reconstructed sources, the first 
time the source begins production. For additions or changes not defined 
as a new source by an applicable referencing 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 operation.
    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 
(for example, composition, pressure, flow). 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 0.5 inches and smaller in diameter, and 
connectors nominally 0.75 inches and smaller in diameter are considered 
instrumentation systems for the purposes of subpart F of this part.
    Internal floating roof or IFR means a roof that is designed to rest 
or float on the stored liquid surface (but not necessarily in complete 
contact with it) inside a storage vessel that has a fixed roof.
    Liquid-mounted seal means a foam-or liquid-filled continuous seal 
mounted in contact with the stored liquid.
    Liquids dripping means any visible leakage from a 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.
    Loading cycle means the time period from the beginning of filling a 
tank truck or railcar until flow to the control device ceases as 
determined by the flow indicator.
    Low-throughput transfer racks means those transfer racks that 
transfer less than a total of 11.8 million liters per year (3.12 
million gallons per year) of liquid containing regulated material.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, monitoring 
equipment, process equipment, or a process to operate in a normal or 
usual manner. Failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Malfunctions that do not 
affect a regulated source or compliance with this part are not 
malfunctions for purposes of this part.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and connected to the floating roof 
by braces or other means. A flexible coated fabric (envelope) spans the 
annular space between the metal sheet and the floating roof.
    Nonautomated monitoring and recording system means manual reading 
of values measured by monitoring instruments and manual transcription 
of those values to create a record. Nonautomated systems do not include 
strip charts.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a 
process unit shutdown.
    One-hour period means the 60-minute period commencing on the hour.
    Onsite or on-site means, with respect to records required to be 
maintained by this part, that the records are stored at a location 
within a plant site that encompasses the regulated source. Onsite 
includes, but is not limited to, storage at the regulated source to 
which the records pertain, or storage in central files elsewhere at the 
plant site.
    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 the atmosphere, either directly or through open piping.
    Organic monitoring device means a device used to indicate the 
concentration level of organic compounds based on a detection principle 
such as infrared, 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.
    Part 70 permit means any permit issued, renewed, or revised 
pursuant to part 70 of this chapter.
    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 standard as specified 
in the performance test section of the relevant standard.
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
part 71 of this chapter.
    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.
    Polymerizing monomer means for purposes of this part, a compound 
which may form polymer buildup in pump mechanical seals resulting in 
rapid mechanical seal failure.
    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.
    Pressure relief device or valve  means a device used to prevent 
operating pressures from exceeding the maximum allowable working 
pressure of the

[[Page 57813]]

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.
    Primary fuel  means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation without the addition of other fuels.
    Process heater  means an enclosed combustion device that 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.
    Process unit  means the equipment specified in the definitions of 
process unit or chemical manufacturing process unit in the applicable 
referencing subpart. If the referencing subpart does not define process 
unit, then, for the purposes of this part, process unit means the 
equipment assembled and connected by pipes or ducts to process raw 
materials and to manufacture an intended product.
    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. 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 process unit 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 process unit or part of the process unit of 
materials and start up the unit, and would result in greater emissions 
than delay of repair of leaking components until the next scheduled 
process unit shutdown is not a process unit shutdown. The use of spare 
equipment and technically feasible bypassing of equipment without 
stopping production are not process unit shutdowns.
    Process vent  means a process vent or vent stream as they are 
defined in the referencing subpart.
    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 part, 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 
part, recapture devices are considered recovery devices.
    Reference method  means any method of sampling and analyzing for an 
air pollutant as specified in an applicable subpart, the appendices to 
40 CFR part 60 or 63, or in appendix B of 40 CFR part 61.
    Referencing subpart  means 40 CFR part 60, subparts Ka, Kb, VV, 
DDD, III, NNN, and RRR; 40 CFR part 61, subparts V, Y, and B; and 40 
CFR part 63, subparts G and H.
    Regulated material,  means for purposes of this part, the material 
regulated by the specific referencing subpart, including volatile 
organic liquids (VOL), volatile organic compounds (VOC), organic 
hazardous air pollutants (HAP's), benzene, vinyl chloride, or other 
chemicals or groups of chemicals.
    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 relevant standard or other 
requirement established pursuant to this part, or 40 CFR part 60, 61, 
or 63.
    Relief device or valve  means a device or valve used only to 
release an unplanned, nonroutine discharge. A relief device or 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 subparts F and G of this part, means 
that equipment meets the following conditions:
    (1) Is adjusted, or otherwise altered, to eliminate a leak as 
defined in the applicable section of this part; and
    (2) Unless otherwise specified in applicable provisions of this 
part, is monitored as specified in Sec. 65.104(b) of subpart F of this 
part and Sec. 65.143(c) of subpart G of this part, to verify that 
emissions from the equipment are below the applicable leak definition.
    Routed to a process or route to a process means the emissions are 
conveyed to any enclosed portion of a process unit where the emissions 
are predominantly 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 part. 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 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).
    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, 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.
    Shutdown means the cessation of operation of a regulated source 
(for example, chemical manufacturing process unit or a reactor, air 
oxidation reactor, distillation unit) and equipment required or used to 
comply with this part, or the emptying and degassing of a storage 
vessel. Shutdown is defined here for purposes including, but not 
limited to, periodic maintenance, replacement of equipment, or repair. 
Shutdown does not include the routine

[[Page 57814]]

rinsing or washing of equipment in batch operation between batches.
    Simultaneous loading means, for a shared control device, loading of 
regulated materials from more than one transfer arm at the same time so 
that the beginning and ending times of loading cycles coincide or 
overlap and there is no interruption in vapor flow to the shared 
control device.
    Single-seal system means, for purposes of subpart C of this part, a 
floating roof having one continuous seal. This seal may be a vapor-
mounted, liquid mounted, or metallic shoe seal.
    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.
    Startup means the setting into operation of a regulated source (for 
example, chemical manufacturing process unit or a reactor, air 
oxidation reactor, distillation unit, a storage vessel after emptying 
and degassing) and/or equipment required or used to comply with this 
part. Startup includes initial startup, operation solely for testing 
equipment, the recharging of equipment in batch operation, and 
transitional conditions due to changes in product for flexible 
operation units.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and statewide programs, that have delegated 
authority to implement the provisions of this part; the referencing 
subparts; and/or the permit program established under part 70 of this 
chapter. The term State shall have its conventional meaning where clear 
from the context.
    Steam jet ejector means a steam nozzle that discharges a high-
velocity jet across a suction chamber that is connected to the 
equipment to be evacuated.
    Stuffing box pressure means the fluid (liquid or gas) pressure 
inside the casing or housing of a piece of equipment, on the process 
side of the inboard seal.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit (as defined in the specific subpart that references this part) 
when in-process storage, mixing, or management of flow rates or volumes 
is needed to assist in production of a product.
    Synthetic organic chemical manufacturing industry consolidated air 
regulation unit or SOCMI CAR unit means the equipment assembled and 
connected by pipes or ducts to process raw materials, and to 
manufacture intended products defined in 40 CFR part 60, subparts VV, 
III, NNN, and RRR, and in 40 CFR part 63, subpart F. A SOCMI CAR unit 
defines the boundary of equipment potentially subject to this part. A 
SOCMI CAR unit may consist of one or more unit operations. For the 
purpose of this subpart, SOCMI CAR unit includes air oxidation reactors 
and their associated product separators and recovery devices; reactors 
and their associated product separators and recovery devices; 
distillation units and their associated distillate receivers and 
recovery devices; associated unit operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, 
product transfer racks, and connected ducts and piping. A SOCMI CAR 
unit includes pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, instrumentation systems, and control devices or systems. 
Except as provided in Sec. 65.1(i), procedures for assigning storage 
vessels, transfer racks, distillation units and equipment to SOCMI CAR 
units are specified in Sec. 65.1(j), (k), (l), and (m), respectively. A 
SOCMI CAR unit is identified by its primary product. If a SOCMI CAR 
unit is subject to both HON and an NSPS for VOC emissions from SOCMI, 
the SOCMI CAR unit shall be defined as the HON chemical manufacturing 
process unit. To be considered a SOCMI CAR unit one of the following 
must occur:
    (1) It must include a process vent subject to 40 CFR part 60, 
subparts III, NNN, or RRR, or equipment subject to 40 CFR part 60 
subpart VV;
    (2) It must include a process vent that would be subject to 40 CFR 
part 60 subparts III, NNN, or RRR or equipment that would be subject to 
40 CFR part 60 subpart VV if construction of the regulated source had 
commenced after the applicability date of the applicable SOCMI New 
Source Performance Standards; or
    (3) It must be a chemical manufacturing process unit subject to 40 
CFR 63.100 of subpart F, the Hazardous Organic National Emissions 
Standard for Hazardous Air Pollutants (HON).
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 1.2 degrees Celsius ( deg.C), whichever is greater.
    Title V permit means any permit issued, renewed, or revised 
pursuant to Federal or State regulations established under 40 CFR part 
70 or 71 to implement title V of the Act (42 U.S.C. 7661).
    Total organic compounds or TOC means those compounds measured 
according to the procedures specified in Sec. 65.64(c) of subpart D of 
this part, and Sec. 65.158(b)(3)(ii)(A) of subpart G of this part, as 
applicable. Those compounds that the Administrator has determined do 
not contribute appreciably to the formation of ozone and that are 
specifically excluded from the definition of volatile organic compound 
at 40 CFR 51.100(s), are to be excluded for the purposes of measuring 
the hourly emission rate as required in Sec. 65.64(f) of subpart D of 
this part for process vents subject to subpart III, NNN, or RRR of part 
60.
    Total resource effectiveness index value or TRE index value means a 
calculated value used to determine whether control is required for a 
process vent. It is based on process vent flow rate, emission rate of 
regulated material, net heating value, and corrosion properties 
(halogenated compound content), as quantified by the equations given 
under Sec. 65.64(h) of subpart D of this part.
    Vapor balancing system means a piping system that is designed to 
collect regulated material vapors displaced from tank trucks or 
railcars during loading and to route the collected regulated material 
vapors to the storage vessel from which the liquid being loaded 
originated, or to another storage vessel connected by a common header; 
or to compress and route to a process or a fuel gas system the 
collected regulated material vapors.
    Vapor-mounted seal means a continuous seal that is mounted so that 
there is a vapor space between the stored liquid and the bottom of the 
seal.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.


Sec. 65.3  Compliance with standards and operation and maintenance 
requirements.

    (a) Requirements. (1) Except as provided in paragraph (a)(2) of 
this section, the emission standards and established parameter ranges 
of this part shall apply at all times except during periods of startup, 
shutdown (as defined in Sec. 65.2), malfunction, or nonoperation of the 
regulated source (or specific portion thereof) resulting in cessation 
of the emissions to which this part applies. However, if a startup, 
shutdown, malfunction, or period of nonoperation of one portion of a 
regulated 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 part during the startup, shutdown, 
malfunction, or

[[Page 57815]]

period of nonoperation. For example, if there is an over pressure in 
the reactor area, a storage vessel in a chemical manufacturing process 
unit would still be required to be controlled in accordance with 
subpart C of this part. Similarly, the degassing of a storage vessel 
would not affect the ability of a process vent to meet the requirements 
of subpart D or G of this part.
    (2) Subpart F of this part shall apply at all times except during 
periods of startup or shutdown (as defined in Sec. 65.2), malfunction, 
process unit shutdown (as defined in Sec. 65.2), or nonoperation of the 
regulated source (or specific portion thereof) in which the lines are 
drained and depressurized resulting in cessation of the emissions to 
which subpart F of this part applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with requirements of this 
part during times when emissions are being routed to such items of 
equipment, if the shutdown would contravene requirements of this part 
applicable 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 are being monitored by the CPMS. Paragraph (a)(3) of 
this section does not apply if the item of equipment or CPMS is 
malfunctioning or if the owner or operator must shut down the equipment 
to avoid damage due to a contemporaneous startup, shutdown, or 
malfunction of the regulated source or portion thereof.
    (4) During startups, shutdowns, and malfunctions when the emission 
standards of this part do not apply pursuant to paragraphs (a)(1) 
through (a)(3) of this section, the owner or operator shall implement, 
to the extent reasonably available, measures to prevent or minimize 
excess emissions. For purposes of paragraph (a)(4) of this section, the 
term ``excess emissions'' means emissions in excess of those that would 
have occurred if there were no startup, shutdown, or malfunction and 
the owner or operator complied with the relevant provisions of this 
part. The measures to be taken shall be identified in the applicable 
startup, shutdown, and malfunction plan 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 regulated source. Backup control devices are 
not required but may be used if available. Paragraph (a)(4) of this 
section does not apply to Group 2A or Group 2B process vents.
    (5) Malfunctions shall be corrected as soon as practical after 
their occurrence in accordance with the startup, shutdown, and 
malfunction plan required in Sec. 65.6(a). Paragraph (a)(5) of this 
section does not apply to Group 2A or Group 2B process vents.
    (6) 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. The parameter monitoring data for 
emission points that are required to perform continuous monitoring 
shall be used to determine compliance with the required operating 
conditions for the monitored control devices or recovery devices. For 
each excursion except for excused excursions, and as provided for in 
paragraph (b)(4)(iii)(B) 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.
    (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 paragraph (b)(2) of this section shall be construed 
to allow or excuse a monitoring parameter excursion caused by any 
activity that violates other applicable provisions of this part.
    (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. 65.6(a)], a 
monitoring parameter is outside its established range or monitoring 
data cannot be collected; or
    (ii) During periods of nonoperation of the regulated 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 that may include, 
but is not limited to, monitoring results, review of operation and 
maintenance procedures (including the startup, shutdown, and 
malfunction plan, if applicable, required in Sec. 65.6(a), as 
applicable), review of operation and maintenance records, inspection of 
the regulated source, and alternatives approved as specified in 
Sec. 65.7.
    (4) Emissions standards. Paragraphs (b)(4)(i) through (b)(4)(iii) 
of this section shall govern the use of data, tests, and requirements 
to determine compliance with emissions standards. Paragraphs (b)(4)(i) 
through (b)(4)(iii) do not apply to Group 2A or Group 2B process vents. 
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) Performance test. The Administrator will determine compliance 
with emission standards of this part based on the results of 
performance tests conducted according to the procedures specified in 
subpart G of this part, unless otherwise specified in a subpart of this 
part.
    (ii) Operation and maintenance requirements. The Administrator will 
determine compliance with emission standards of this part by evaluation 
of an owner or operator's conformance with operation and maintenance 
requirements, including the evaluation of monitoring data, as specified 
in subparts of this part.
    (5) Design, equipment, work practice, or operational standards. 
Paragraphs (b)(5)(i) and (b)(5)(ii) do not apply to Group 2A or Group 
2B process vents.
    (i) Records and inspection. The Administrator will determine 
compliance with design, equipment, work practice, or operational 
emission standards requirements by review of records, inspection of the 
regulated source, and other procedures specified in this part.
    (ii) Operation and maintenance. The Administrator will determine 
compliance with design, equipment, work practice, or operational 
standards by evaluation of an owner or operator's conformance with 
operation and maintenance requirements as specified in paragraph (a) of 
this section, in other subparts of this part, and in applicable 
provisions of Sec. 65.6(b).
    (c) Finding of compliance. The Administrator will make a finding 
concerning a regulated source's compliance with an emission standard or 
operating and maintenance requirement as specified in paragraphs (a) 
and (b) of this section upon obtaining all 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 needed 
to determine whether proper operation and maintenance practices are 
being used.

[[Page 57816]]

Standards in this part and methods of determining compliance are given 
in metric units followed by the equivalents in English units. The 
Administrator will make findings of compliance with the standards of 
this part using metric units.
    (d) Compliance times. All terms that define a period of time for 
completion of required tasks (for example, weekly, monthly, quarterly, 
annually) unless specified otherwise in the section or paragraph 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. 65.5(h)(5) (for example, a period could begin on the compliance 
date or another date, rather than on the first day of the standard 
calendar period). 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 paragraphs (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. 65.4  Recordkeeping.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or operator of 
each regulated source subject to this part shall keep copies of 
notifications, reports, and records required by this part for the 
length of time specified in paragraphs (a)(1) or (a)(2) of this 
section, as applicable.
    (1) If an owner or operator is required to operate under a title V 
permit, then all applicable notifications, reports, and records shall 
be maintained for at least 5 years, unless a subpart of this part 
specifies a longer period.
    (2) If an owner or operator is not required to operate under a 
title V permit, then all notifications, reports, and records required 
by this part shall be maintained for at least 2 years. If a subpart of 
this part specifies records to be maintained for a period different 
than 2 years, then those records shall be kept for that period.
    (b) Copies of reports. If an owner or operator submits reports to 
the applicable EPA Regional Office, the owner or operator is not 
required to maintain copies of those reports. If the EPA Regional 
Office has waived the requirement of Sec. 65.5(g)(1) for submittal of 
copies of reports, the owner or operator is not required to maintain 
copies of the waived reports. Paragraph (b) of this section applies 
only to reports and not the underlying records which must be maintained 
as specified throughout this part.
    (c) Availability of records. All applicable records shall be 
maintained in such a manner that they can be readily accessed and are 
suitable for inspection as specified in paragraph (c)(1) or (c)(2) of 
this section.
    (1) Except as specified in paragraph (c)(2) of this section, 
records of the most recent 2 years 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.
    (2) For sources referenced to this part from 40 CFR part 63, 
subpart G or H, the most recent 6 months of records shall be retained 
on site or shall be accessible to an inspector while onsite from a 
central location by computer or other means that provides access within 
2 hours after a request. The remaining 4 and one-half years of records, 
where required, may be retained offsite.
    (3) Records specified in paragraph (c)(1) or (c)(2) of this section 
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.


Sec. 65.5  Reporting requirements.

    (a) Required reports. Each owner or operator of a regulated 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.
    (2) An Initial Notification for Part 65 Applicability 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) Other reports. Other reports shall be submitted as specified 
elsewhere in this part.
    (6) Startup, shutdown, and malfunction reports described in 
Sec. 65.6(c) of this subpart.
    (b) Notification of Initial Startup--(1) Contents. Any owner or 
operator of a regulated source which elects to comply with this part at 
initial startup shall send the Administrator written notification of 
the actual date of initial startup of a regulated 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 for Part 65 Applicability. Owners or 
operators of regulated sources that have been subject to a 40 CFR part 
60, 61, or 63 standard and who have chosen to comply with this part and 
who are not operating the regulated source under an approved title V 
permit shall notify the Administrator. The notice shall include the 
information specified in paragraphs (c)(1) through (c)(7) of this 
section, as applicable, and may accompany the application for a 
construction permit for the regulated source. This notification may be 
waived by the Administrator.
    (1) Identification of the storage vessels subject to subpart C of 
this part.
    (2) Identification of the process vents subject to subpart D of 
this part, including process vent group status as specified in 
Sec. 65.62(a) of subpart D of this part.
    (3) Identification of the process vents subject to 40 CFR part 60, 
subpart DDD complying with requirements of subpart G of this part.
    (4) Identification of the transfer racks subject to subpart E of 
this part.
    (5) For equipment leaks, identification of the process units 
subject to subpart F of this part.
    (6) The proposed implementation schedule specified in 
Sec. 65.1(f)(1) for 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 requirements 
specified in paragraphs (c)(1) through (c)(4), and (c)(6) of this 
section, the process units

[[Page 57817]]

can be identified instead of the individual pieces of equipment. For 
this alternative, the kind of emission point in the process unit that 
will comply must also be identified.
    (d) Initial Compliance Status Report--(1) Contents. The owner or 
operator shall submit an Initial Compliance Status Report for each 
regulated source subject to this part containing the information 
specified in the subparts of this part. Unless the required information 
has already been submitted under requirements of the applicable 
referencing subpart, 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 regulated source 240 days after the 
applicable compliance date specified in the referencing subparts, 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 regulated 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 part or to other requirements of this 
part where periodic reporting is specified, shall submit a periodic 
report.
    (1) Contents. Periodic reports shall include all information 
specified in subparts of this part.
    (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 after the date the source became 
subject to this rule or since the last part 60, part 61, or part 63 
periodic report was submitted for the applicable requirement, whichever 
is earlier.
    (3) Overlap with title V reports. Information required by this 
part, which is submitted with a title V periodic report, need not also 
be included in a subsequent periodic report required by this part. The 
title V report shall be referenced in the periodic report required by 
this part.
    (f) General report content. All reports and notifications submitted 
pursuant to this part, including reports that combine information from 
this part and a referencing 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/operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each regulated source covered in the 
submission and identification of which subparts (referencing and part 
65) options from this part are applicable to that regulated source. 
Summaries and groupings of this information are permitted.
    (g) Report and notification submission--(1) Submission. All reports 
and notifications required under this part shall be sent to the 
Administrator at the appropriate EPA Regional Office and to the 
delegated State authority, except that requests for permission to use 
an alternative means of emission limitation as provided for in 
Sec. 65.8(a) shall be submitted to the Director of the EPA Office of 
Air Quality Planning and Standards, U.S. Environmental Protection 
Agency, MD-10, Research Triangle Park, North Carolina, 27711. The EPA 
Regional Office may waive the requirement to receive 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 part, 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 part 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 (for example, by fax or 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 a 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 part 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 
assure no reporting gaps from the last periodic report for the relevant 
standards. The owner or operator shall clearly identify the change in 
reporting schedule in the first report filed under paragraph (h) of 
this section. The requirements of paragraph (e) of this section are not 
waived when implementing this change.
    (2) Request for adjustment. 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 part shall be submitted throughout the year as long as the 
reporting period is not extended. 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. 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.
    (3) 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.
    (4) Notification of delay. If the Administrator is unable to meet a 
specified deadline, the owner or operator will be notified of any 
significant delay and informed of the amended schedule.
    (i) An owner or operator shall report in a title V permit 
application or as otherwise specified by the permitting authority, the 
information listed in paragraphs (i)(1) through (i)(5) of this section.
    (1) A list designating each emission point complying with subparts 
C through G of this part and whether each process vent is Group 1, 
Group 2A, or Group 2B.
    (2) The control technology or method of compliance that will be 
applied to each emission point.
    (3) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in subparts C 
through G of this part that are applicable to each emission point will 
be implemented beginning on the date of compliance as specified in the 
referencing subpart.
    (4) The monitoring information in Sec. 65.162(e) of subpart G of 
this part if, for any emission point, the owner or operator of a source 
seeks to comply

[[Page 57818]]

through use of a control technique other than those for which 
monitoring parameters are specified in Secs. 65.148 through 65.154 of 
subpart G of this part.
    (5) Any requests for alternatives to the continuous operating 
parameter monitoring and recordkeeping provisions, as specified in 
Sec. 65.162(d) of subpart G of this part.


Sec. 65.6  Startup, shutdown, and malfunction plan and procedures.

    (a) Paragraphs (b) and (c) of this section do not apply to Group 2A 
or Group 2B process vents.
    (b) Startup, shutdown, and malfunction plan--(1) Description and 
purpose of plan. The owner or operator of a regulated source shall 
develop and implement a written startup, shutdown, and malfunction plan 
that describes, in detail, procedures for operating and maintaining the 
regulated source during periods of startup, shutdown, and malfunction 
and a program of corrective action for malfunctioning process and air 
pollution control equipment used to comply with the relevant standard. 
The plan shall also address routine or otherwise predictable CPMS 
malfunctions. This plan shall be developed by the owner or operator by 
the regulated source's implementation date as specified in 
Sec. 65.1(f), or, for sources referenced from 40 CFR part 63, subpart 
F, by the compliance date specified in that 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 subpart F of this part. It is not optional for equipment 
equipped with a closed vent system and control device subject to 
subpart G of this part. The purpose of the startup, shutdown, and 
malfunction plan is described in paragraphs (b)(1)(i) and (b)(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 material; 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 a regulated source shall operate 
and maintain such 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 
(b)(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 may use the regulated 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. Based on the results of a determination 
made under Sec. 65.3(b)(3), the Administrator may require that an owner 
or operator of a regulated 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 (b)(4)(i) through (b)(4)(iv) of this section:
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the regulated source 
that has occurred; or
    (ii) Fails to provide for the operation of the regulated 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/or air pollution control equipment as 
quickly as practicable; or
    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical as specified in 
Sec. 65.3(a)(4).
    (5) Additional malfunction plan requirements. If the startup, 
shutdown, and malfunction plan fails to address or inadequately 
addresses an event that meets the characteristics of a malfunction but 
was not included in the startup, shutdown, and malfunction plan at the 
time the owner or operator developed the plan, 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 regulated source during similar malfunction events and 
a program of corrective action for similar malfunctions of process or 
air pollution control equipment or CPMS.
    (c) Startup, shutdown, and malfunction reporting requirements--(1) 
Periodic startup, shutdown, and malfunction reports. If actions taken 
by an owner or operator during a startup, shutdown, and malfunction of 
a regulated 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 
source's startup, shutdown, and malfunction plan, then the owner or 
operator shall state such information in a startup, shutdown, and 
malfunction report. During the reporting period, reports shall only be 
required for startup, shutdown, and malfunction during which excess 
emissions occur. A startup, shutdown, and malfunction report can be 
submitted as part of a periodic report required under Sec. 65.5(e), or 
on a more frequent basis if specified otherwise in a relevant standard 
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 (c)(1)(i) 
and (c)(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, 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 (c)(1)(ii)(A) or (c)(1)(ii)(B) of this section.
    (A) Total duration of periods of inoperation or malfunctioning of a 
CPMS, as recorded in Sec. 65.162(a)(2)(iii) of subpart G of this part, 
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 a regulated source during which excess emission occur equal to or 
greater than 1 percent of that regulated source operating time for the 
reporting period.
    (2) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
startup, shutdown, and malfunction reports under paragraph (c)(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

[[Page 57819]]

malfunction) during which excess emissions occur is not consistent with 
the procedures specified in the regulated source's startup, shutdown, 
and malfunction 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 (c)(2) of this section 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, and whether any excess emissions and/or 
parameter monitoring exceedances are believed to have occurred. Not 
withstanding the requirements of the previous sentence, after the 
effective date of an approved permit program in the State in which a 
regulated 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 paragraph (c)(2) of this section are 
specified in Sec. 65.5(h).


Sec. 65.7  Monitoring, recordkeeping, and reporting waivers and 
alternatives.

    (a) Waiver of recordkeeping or reporting requirements--(1) Waiver 
application. The owner or operator may apply for a waiver from 
recordkeeping or reporting requirements if the regulated source is 
achieving the relevant standard(s), or the source is operating under an 
extension of compliance, under 40 CFR 63.6(i) or a waiver of compliance 
under 40 CFR 61.10(b), or the owner or operator has requested an 
extension or waiver of compliance and the Administrator is still 
considering that request. The waiver application shall be submitted in 
writing to the Administrator.
    (2) Extension of compliance request. If an application for a waiver 
of recordkeeping or reporting is made, the application shall accompany 
the request for an extension of compliance under 40 CFR 63.6(i) or the 
request for a waiver of compliance under 40 CFR 61.10(b), any required 
compliance progress report or compliance status report required in the 
source's title V permit application or a permit modification 
application, or a periodic report required under this part, 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.
    (3) Approval or denial of waiver. The Administrator will approve or 
deny a request for a waiver of recordkeeping or reporting requirements 
when performing one of the actions described in paragraphs (a)(3)(i) 
through (a)(3)(iii) of this section:
    (i) Approves or denies an extension of compliance under 40 CFR 
63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or
    (ii) Makes a determination of compliance following the submission 
of a required compliance status report or periodic report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (4) Waiver conditions. A waiver of any recordkeeping or reporting 
requirement granted under paragraph (a) of this section may be 
conditioned on other recordkeeping or reporting requirements deemed 
necessary by the Administrator.
    (5) Waiver cancellation. 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 regulated source.
    (b) Requests for approval of alternative monitoring or 
recordkeeping. An owner or operator may submit a written request for 
approval to use alternatives to the monitoring or recordkeeping 
provisions of this part. For process vents and transfer racks, except 
low-throughput transfer racks, the provisions in paragraph (c) of this 
section shall govern the review and approval of requests. In addition, 
the application shall include information justifying the owner or 
operator's request for an alternative monitoring or recordkeeping 
method, such as the technical or economic infeasibility, or the 
impracticality, of the regulated source using the required method. For 
storage vessels and low throughput transfer racks, owners and operators 
shall comply with the requirements of Sec. 65.145(b) of subpart G of 
this part for preparing and submitting a design evaluation. For 
equipment leaks, owners and operators shall comply with the 
recordkeeping requirements of Sec. 65.163(d) of subpart G of this part.
    (c) Approval or denial of request to use alternative monitoring or 
recordkeeping. The Administrator will notify the owner or operator of 
approval or intention to deny approval of the request to use an 
alternative monitoring or recordkeeping method within 90 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 method, the 
Administrator will notify the applicant of the Administrator's 
intention to disapprove the request together with the items specified 
in paragraphs (c)(1) and (c)(2) of this section:
    (1) Notice of the information and findings on which the intended 
disapproval is based; and
    (2) 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 the 
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.
    (d) Use of an alternative monitoring or recordkeeping method. (1) 
The owner or operator of a regulated source is subject to the 
monitoring and recordkeeping requirements of the relevant standard 
unless permission to use an alternative monitoring or recordkeeping 
method requested under paragraph (b) of this section or Sec. 65.162(d) 
of subpart G of this part has been granted by the Administrator. Once 
an alternative is approved, the owner or operator shall use the 
alternative for the emission points or regulated sources cited in the 
approval and shall meet the monitoring and recordkeeping requirements 
of the relevant standard for all other emission points or regulated 
sources.
    (2) If the Administrator approves the use of an alternative 
monitoring or recordkeeping method for a regulated source under 
paragraph (c) of this section, the owner or operator of such source 
shall continue to use the alternative monitoring or recordkeeping 
method unless he or she receives approval from the Administrator to use 
another method.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring or recordkeeping method, 
requirement, or procedure, the Administrator may require the use of a 
method, requirement, or procedure specified in the relevant standard. 
If the results of the specified and alternative methods, requirements, 
or procedures do not agree, the results obtained by the specified 
method, requirement, or procedure shall prevail.

[[Page 57820]]

Sec. 65.8  Procedures for approval of alternative means of emission 
limitation.

    (a) Alternative means of emission limitation. An owner or operator 
may request a determination of equivalence for an alternative means of 
emission limitation to the requirements of design, equipment, work 
practice, or operational standards of this part. If, in the judgment of 
the Administrator, an alternative means of emission limitation will 
achieve a reduction in regulated material 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 part, 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 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 
that 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 
emission 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 
material 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 is an accurate method of determining 
equivalence.
    (4) For proposed alternatives to equipment leak requirements, the 
owner or operator shall also submit the information and meet the 
requirements for alternative means of emission limitation specified in 
Sec. 65.102(b) of subpart F of this part (alternative means of emission 
limitation).
    (c) Manufacturers of equipment used to control equipment leaks of a 
regulated material may request a determination of equivalence for an 
alternative means of emission limitation for equipment leaks, as 
specified in Sec. 65.102(c) of this part.
    (d) Compliance. If the Administrator makes a determination that a 
means of emission limitation is a permissible alternative to the 
requirements of design, equipment, work practice, or operational 
standards of this part, the owner or operator shall either comply with 
the alternative or comply with the requirements of this part.


Sec. 65.9  Availability of information and confidentiality.

    (a) Availability of information. The availability to the public of 
information provided to, or otherwise obtained by, the Administrator 
under this part shall be governed by part 2 of this chapter. With the 
exception of information protected under part 2 of this chapter, all 
reports, records, and other information collected by the Administrator 
under this part are available to the public. In addition, a copy of 
each permit application, compliance plan (including the schedule of 
compliance), initial compliance status report, periodic report, and 
title V permit is available to the public, consistent with protections 
recognized in section 503(e) of the Act.
    (b) Confidentiality. (1) If an owner or operator is required to 
submit information entitled to protection from disclosure under section 
114(c) of the Act, the owner or operator may submit such information 
separately. The requirements of section 114(c) shall apply to such 
information.
    (2) The contents of a title V permit shall not be entitled to 
protection under section 114(c) of the Act; however, information 
submitted as part of an application for a title V permit may be 
entitled to protection from disclosure.


Sec. 65.10  State authority.

    (a) The provisions of this part shall not be construed in any 
manner to preclude any State or political subdivision thereof from 
adopting and enforcing any emission standard or limitation applicable 
to a regulated source, provided that such standard, limitation, 
prohibition, or other regulation is not less stringent than the 
standard applicable to such a regulated source.
    (b) The provisions of this part shall not be construed in any 
manner to preclude any State or political subdivision thereof from 
requiring the owner or operator of a regulated source to obtain 
permits, licenses, or approvals prior to initiating construction, 
modification, or operation of such a regulated source.


Sec. 65.11  Circumvention.

    (a) No owner or operator subject to the provisions of this part 
shall build, erect, install, or use any article, machine, equipment, or 
process to conceal an emission that would otherwise constitute 
noncompliance with a relevant standard. Such concealment includes, but 
is not limited to those listed in paragraphs (a)(1) and (a)(2) of this 
section.
    (1) The use of diluents to achieve compliance with a relevant 
standard based on the concentration of a pollutant in the effluent 
discharged to the atmosphere and;
    (2) The fragmentation of an operation for the purpose of avoiding 
regulation by a relevant standard.
    (b) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part shall operate any regulated source in violation 
of the requirements of this part except under the provisions specified 
in paragraphs (b)(1)(i) through (b)(1)(iii):
    (i) An extension or waiver of compliance granted by the 
Administrator under an applicable part; or
    (ii) An extension of compliance granted under an applicable part by 
a State with an approved permit program; or
    (iii) An exemption from compliance granted by the President under 
section 112(i)(4) of the Act.
    (2) After the effective date of an approved permit program in a 
State, no owner or operator of a regulated source in that State who is 
required under an applicable part to obtain a title V permit shall 
operate such source except in compliance with the provisions of this 
part and the applicable requirements of the permit program in that 
State.
    (3) An owner or operator of a regulated source who is subject to an 
emission standard promulgated under this part or a referencing part 
shall comply with the requirements of that standard by the date(s) 
established in the applicable subpart(s) (including this

[[Page 57821]]

subpart) regardless of whether the criteria specified in paragraph 
(b)(3)(i) or (b)(3)(ii) are met:
    (i) A title V permit has been issued to that source; or
    (ii) If a title V permit has been issued to that source, whether 
such permit has been revised or modified to incorporate the emission 
standard.
    (c) Severability. Notwithstanding any requirement incorporated into 
a title V permit obtained by an owner or operator subject to the 
provisions of this part, the provisions of this part are federally 
enforceable.


Sec. 65.12  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under sections 111(c) and 112(l) of the Act, the authorities 
contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.
    (b) Authorities that will not be delegated to States: Sec. 65.8, 
Sec. 65.46 of subpart C of this part, and Sec. 65.102 of subpart F of 
this part.


Sec. 65.13  Incorporation by reference.

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any change in these materials will be published in the Federal 
Register. The materials are available for purchase at the corresponding 
addresses noted below, and all are available for inspection at the 
Office of the Federal Register, 800 North Capital Street, NW, suite 
700, Washington, DC, at the Air and Radiation Docket and Information 
Center, U.S. EPA, 401 M Street, SW., Washington, DC, and at the EPA 
Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina.
    (b) The materials listed below are available for purchase from at 
least one of the following addresses: American Society for Testing and 
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; 
or University Microfilms International, 300 North Zeeb Road, Ann Arbor, 
Michigan 48106.
    (1) ANSI B31.3--1996, Process Piping, IBR approved [Insert 
Effective Date of Final Rule] for Sec. 65.2.
    (2) ASTM D1946-77, 90, 94, Standard Method for Analysis of Reformed 
Gas by Gas Chromatography, IBR approved [Insert Effective Date of Final 
Rule] for Sec. 65.64(e)(2), Sec. 65.147(b)(3)(ii).
    (3) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by 
Bomb Calorimeter [High-Precision Method]. IBR approved [Insert 
Effective Date of Final Rule] for Sec. 65.64(e)(1), 
Sec. 65.147(b)(3)(ii).
    (4) ASTM D2879-93, 96, Vapor Pressure-Temperature Relationship and 
Initial Decomposition Temperature of Liquids by Isoteniscope, IBR 
approved [Insert Effective Date of Final Rule] for Sec. 65.2.


Sec. 65.14  Addresses.

    (a) All requests, reports, applications, notifications, and other 
communications submitted pursuant to this part, except as specified 
under Sec. 65.5(g)(1) of this part, shall be sent to the Administrator 
at the appropriate EPA Regional Office indicated in the following list:

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Air Management Division, U.S. 
Environmental Protection Agency, John F. Kennedy Federal Building, 
Boston, Massachusetts 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Air and Waste Management Division, U.S. Environmental 
Protection Agency, 290 Broadway, New York, New York 10007.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air and Waste Management 
Division, U.S. Environmental Protection Agency, 841 Chestnut 
Building, Philadelphia, Pennsylvania 19107.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 61 
Forsyth Street, Atlanta, Georgia 30303.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air Management Division, U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604-3507.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); 
Director; Air, Pesticides, and Toxics Division; U.S. Environmental 
Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Toxics Division, U.S. Environmental Protection Agency, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), Director, Air and Waste Management Division, U.S. 
Environmental Protection Agency, 999 18th Street, Suite 500, Denver, 
Colorado 80295.
Region IX (American Samoa, Arizona, California, Guam, Hawaii, 
Nevada), Director, Air and Waste Management Division, U.S. 
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, 
California 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and 
Waste Management Division, U.S. Environmental Protection Agency, 
1200 Sixth Avenue, Seattle, Washington 98101.
    (b) All information required to be submitted to the Administrator 
under this part also shall also be submitted to the appropriate State 
agency of any State to which authority has been delegated under section 
112(l) of the Act. The mailing addresses for State agencies are listed 
below:

State of Alabama, Air Pollution Control Division, Air Pollution 
Control Commission, 645 S. McDonough Street, Montgomery, Alabama 
36104.
State of Alaska, Department of Environmental Conservation, 3220 
Hospital Drive, Juneau, Alaska 99811.
Arizona Department of Health Services, 1740 West Adams Street, 
Phoenix, Arizona 85007.
State of Arkansas: Chief, Division of Air Pollution Control, 
Arkansas Department of Pollution Control and Ecology, 8001 National 
Drive, P.O. Box 9583, Little Rock, Arkansas 72209.

California

Amador County Air Pollution Control District, P.O. Box 430, 810 
Court Street, Jackson, California 95642.
Bay Area Air Pollution Control District, 939 Ellis Street, San 
Francisco, California 94109.
Butte County Air Pollution Control District, P.O. Box 1229, 316 
Nelson Avenue, Oroville, California 95965.
Calaveras County Air Pollution Control District, Government Center, 
El Dorado Road, San Andreas, California 95249.
Colusa County Air Pollution Control District, 751 Fremont Street, 
Colusa, California 95952.
El Dorado Air Pollution Control District, 330 Fair Lane, 
Placerville, California 95667.
Fresno County Air Pollution Control District, 1221 Fulton Mall, 
Fresno, California 93721.
Glenn County Air Pollution Control District, P.O. Box 351, 720 North 
Colusa Street, Willows, California 95988.
Great Basin Unified Air Pollution Control District, 157 Short 
Street, suite 6, Bishop, California 93514.
Imperial County Air Pollution Control District, County Services 
Building, 939 West Main Street, El Centro, California 92243.
Kern County Air Pollution Control District, 1601 H Street, suite 
250, Bakersfield, California 93301.
Kings County Air Pollution Control District, 330 Campus Drive, 
Hanford, California 93230.
Lake County Air Pollution Control District, 255 North Forbes Street, 
Lakeport, California 95453.
Lassen County Air Pollution Control District, 175 Russell Avenue, 
Susanville, California 96130.

[[Page 57822]]

Madera County Air Pollution Control District, 135 West Yosemite 
Avenue, Madera, California 93637.
Mariposa County Air Pollution Control District, Box 5, Mariposa, 
California 95338.
Mendocino County Air Pollution Control District, County Courthouse, 
Ukiah, California 94582.
Merced County Air Pollution Control District, P.O. Box 471, 240 East 
15th Street, Merced, California 95340.
Modoc County Air Pollution Control District, 202 West 4th Street, 
Alturas, California 96101.
Monterey Bay Unified Air Pollution Control, 1164 Monroe Street, 
Suite 10, Salinas, California 93906.
Nevada County Air Pollution Control District, H.E.W. Complex, Nevada 
City, California 95959.
North Coast Unified Air Quality Management District, 5630 South 
Broadway, Eureka California 95501.
Northern Sonoma County Air Pollution Control District, 134 ``A'' 
Avenue, Auburn, California 95448.
Placer County Air Pollution Control District, 11491 ``B'' Avenue, 
Auburn, California 95603.
Camino del Rimedio, Santa Barbara, California 93110.
Shasta County Air Pollution Control District, 2650 Hospital Lane, 
Redding, California 96001.
Sierra County Air Pollution Control District, P.O. Box 286, 
Downieville, California 95936.
Siskiyou County Air Pollution Control District, 525 South Foothill 
Drive, Yreka, California 96097.
South Coast Air Quality Management District, 9150 Flair Drive, El 
Monte, California 91731.
Stanislaus County Air Pollution Control District, 1030 Scenic Drive, 
Modesto, California 95350.
Sutter County Air Pollution Control District, Sutter County Office 
Building, 142 Garden Highway, Yuba City, California 95991.
Tehama County Air Pollution Control District, P.O. Box 38, 1760 
Walnut Street, Red Bluff, California 96080.
Tulare County Air Pollution Control District, County Civic Center, 
Visalia, California 93277.
Tuolumne County Air Pollution Control District, 9 North Washington 
Street, Sonora, California 95370.
Ventura County Air Pollution Control District, 800 South Victoria 
Avenue, Ventura, California 93009.
Yolo-Solano Air Pollution Control District, P.O. Box 1006, 323 First 
Street, i5, Woodland, California 95695.
State of Colorado, Department of Health, Air Pollution Control 
Division, 4210 East 11th Avenue, Denver, Colorado 80220.
State of Connecticut, Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 165 Capitol Avenue, 
Hartford, Connecticut 06106.
State of Delaware, Delaware Department of Natural Resources and 
Environmental Control, Tatnall Building, P.O. Box 1401, Dover, 
Delaware 19901.
Florida Bureau of Air Quality Management, Department of 
Environmental Regulation, Twin Towers Office Building, 2600 Blair 
Stone Road, Tallahassee, Florida 32301.
State of Georgia, Environmental Protection Division, Department of 
Natural Resources, 270 Washington Street, SW., Atlanta, Georgia 
30334.
Hawaii Department of Health, 1250 Punchbowl Street, Honolulu, Hawaii 
96813.
Hawaii Department of Health (mailing address), Post Office Box 3378, 
Honolulu, Hawaii 96801.
Idaho Division of Environmental Quality, 601 Pole Line Rd. Ste. # 2 
Twin Falls Idaho 83301.
Illinois Environmental Protection Agency--Bureau of Air, 1340 North 
Ninth St. Springfield, Illinois 62702, 1021 North Grand Avenue East 
(mailing address), P.O. Box 19276, 62794-9276.
State of Indiana, Indiana Department of Environmental Management, 
105 South Meridian Street, P.O. Box 6015, Indianapolis, Indiana 
46206.
State of Iowa: Iowa Department of Natural Resources, Environmental 
Protection Division, Henry A. Wallace Building, 900 East Grand, Des 
Moines, Iowa 50319.
State of Kansas: Kansas Department of Health and Environment, Bureau 
of Air Quality and Radiation Control, Forbes Field, Topeka, Kansas 
66620.
Kentucky Division of Air Pollution Control, Department for Natural 
Resources and Environmental Protection, U.S. 127, Frankfort, 
Kentucky 40601.
State of Louisiana: Program Administrator, Air Quality Division, 
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton 
Rouge, Louisiana 70804.
State of Maine, Bureau of Air Quality Control, Department of 
Environmental Protection, State House, Station No. 17, Augusta, 
Maine 04333.
State of Maryland, Bureau of Air Quality and Noise Control, Maryland 
State Department of Health and Mental Hygiene, 201 West Preston 
Street, Baltimore, Maryland 21201.
Commonwealth of Massachusetts, Division of Air Quality Control, 
Department of Environmental Protection, One Winter Street, 7th 
floor, Boston, Massachusetts 02108.
State of Michigan, Air Pollution Control Division, Michigan 
Department of Natural Resources, Stevens T. Mason Building, 8th 
Floor, Lansing, Michigan 48926.
Minnesota Pollution Control Agency, Division of Air Quality, 520 
Lafayette Road, St. Paul, Minnesota 55155.
Bureau of Pollution Control, Department of Natural Resources, P.O. 
Box 10385, Jackson, Mississippi 39209.
State of Missouri: Missouri Department of Natural Resources, 
Division of Environmental Quality, P.O. Box 176, Jefferson City, 
Missouri 65102.
State of Montana, Department of Health and Environmental Services, 
Air Quality Bureau, Cogswell Building, Helena, Montana 59601.
State of Nebraska, Nebraska Department of Environmental Control, 
P.O. Box 94877, State House Station, Lincoln, Nebraska 68509.
Nevada Department of Conservation and Natural Resources, Division of 
Environmental Protection, 201 South Fall Street, Carson City, Nevada 
89710.
State of New Hampshire, Air Resources Division, Department of 
Environmental Services, 64 North Main Street, Caller Box 2033, 
Concord, New Hampshire 03302-2033.
State of New Jersey: New Jersey Department of Environmental 
Protection, John Fitch Plaza, P.O. Box 2807, Trenton, New Jersey 
08625.
State of New Mexico: Director, New Mexico Environmental Improvement 
Division, Health and Environment Department, 1190 St. Francis Drive, 
Santa Fe, New Mexico 87503.
New York: New York State Department of Environmental Conservation, 
50 Wolf Road, Albany, New York 12233, Attention: Division of Air 
Resources.
North Carolina Environmental Management Commission, Department of 
Environment and Natural Resources, Division of Air Quality, P.O. Box 
29580, Raleigh, North Carolina 27626-0580.
State of North Dakota, State Department of Health and Consolidated 
Laboratories, Division of Environmental Engineering, State Capitol, 
Bismarck, North Dakota 58505.
State of Ohio, Ohio Environmental Protection Agency, Central 
District Office, Air Pollution Unit, P.O. Box 1049, Columbus, Ohio 
43266-0149.
State of Oklahoma, Oklahoma State Department of Health, Air Quality 
Service, P.O. Box 53551, Oklahoma City, Oklahoma 73152.
State of Oregon, Department of Environmental Quality, Yeon Building, 
522 SW. Fifth, Portland, Oregon 97204.
Commonwealth of Pennsylvania: Department of Environmental Resources, 
Post Office Box 2063, Harrisburg, Pennsylvania 17120.
State of Rhode Island, Division of Air and Hazardous Materials, 
Department of Environmental Management, 291 Promenade Street, 
Providence, Rhode Island 02908.
State of South Carolina, Office of Environmental Quality Control, 
Department of Health and Environmental Control, 2600 Bull Street, 
Columbia, South Carolina 29201.
State of South Dakota, Department of Water and Natural Resources, 
Office of Air Quality and Solid Waste, Joe Foss Building, 523 East 
Capitol, Pierre, South Dakota 57501-3181.

[[Page 57823]]

Division of Air Pollution Control, Tennessee Department of Public 
Health, 256 Capitol Hill Building, Nashville, Tennessee 37219.
State of Texas, Texas Air Control Board, 6330 Highway 290 East, 
Austin, Texas 78723.
State of Utah, Department of Health, Bureau of Air Quality, 288 
North 1460 West, P.O. Box 16690, Salt Lake City, Utah 84116-0690.
State of Vermont, Air Pollution Control Division, Agency of Natural 
Resources, Building 3 South, 103 South Main Street, Waterbury, 
Vermont 05676.
Commonwealth of Virginia, Virginia State Air Pollution Control 
Board, Room 1106, Ninth Street Office Building, Richmond, Virginia 
23219.
State of Washington, Department of Ecology, Olympia, Washington 
98504.
State of West Virginia: Air Pollution Control Commission, 1558 
Washington Street, East, Charleston, West Virginia 25311.
Wisconsin Department of Natural Resources, P.O. Box 7921, Madison, 
Wisconsin 53707.
Wyoming Department of Environmental Quality Air Division, 122 West 
25th St.--4th Floor Cheyenne, Wyoming 82002.


Secs. 65.15--65.19  [Reserved]

                 Table 1 To Subpart A--Applicable 40 CFR Parts 60, 61, and 63 General Provisions
----------------------------------------------------------------------------------------------------------------
40 CFR part 60 subpart A provisions    40 CFR part 61 subpart A
  for referencing subparts Ka, Kb,    provisions for referencing      40 CFR part 63 subpart A provisions for
     VV, DDD, III, NNN, and RRR         subparts Y, V, and BB              referencing subparts  G and H
----------------------------------------------------------------------------------------------------------------
Sec.  60.1.........................  Sec.  61.01................  Sec.  63.5 (a)(1), (a)(2), (b), (d)(1)(ii),
Sec.  60.2.........................  Sec.  61.02                   (d)(3)(i)a, (d)(3)(iii),a (d)(3)(iv) a,
Sec.  60.5.........................  Sec.  61.02                   (d)(3)(v), (d)(3)(vi) a, (d)(4), (e), (f)(1),
Sec.  60.6.........................  Sec.  61.05                   and (f)(2).
Sec.  60.7(a)(1), and (a)(4).......  Sec.  61.06                  Sec.  63.6 (a) (b)(3), (c)(5), (i)(1), (i)(2),
Sec.  60.14........................  Sec.  61.07                   (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16)
Sec.  60.15........................  Sec.  61.08                   and (j).
Sec.  60.16........................  Sec.  61.10 (b) and (c)      Sec.  63.9(a)(2), (b)(4)(i) b, (b)(4)(ii),
                                     Sec.  61.11                   (b)(4)(iii), (b)(5) b, (c) and (d) Sec.
                                     Sec.  61.15                   63.10 (d)(4) Sec.  63.12(b).
----------------------------------------------------------------------------------------------------------------
a These provisions do not apply to equipment leaks.
a The notifications specified in Secs.  63.9(b)(4)(i) and 63.9(b)(5) shall be submitted at the times specified
  in 40 CFR part 65.

Subpart B--[Reserved]

Subpart C--Storage Vessels


Sec. 65.40  Applicability.

    (a) The provisions of this subpart and of subpart A of this part 
apply to control of regulated material emissions from storage vessels 
where a referencing subpart references the use of this subpart for such 
emissions control.
    (b) If a physical or 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 no longer comply with the provisions 
of this subpart. Instead, the owner or operator shall comply with any 
applicable provisions of the referencing subpart.


Sec. 65.41  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of 
this part for purposes of this subpart.


Sec. 65.42  Control requirements.

    (a) For each storage vessel to which this subpart applies, the 
owner or operator shall comply with the requirements of paragraphs (b) 
or (c) of this section.
    (b) For each storage vessel storing a liquid for which the maximum 
true vapor pressure of the total regulated material in the liquid is 
less than 76.6 kilopascals (10.9 pounds per square inch), the owner or 
operator shall reduce regulated material emissions to the atmosphere as 
provided in paragraphs (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), 
or (b)(7) of this section.
    (1) Internal floating roof (IFR). Operate and maintain a fixed roof 
and internal floating roof meeting the requirements of Sec. 65.43.
    (2) External floating roof (EFR). Operate and maintain an external 
floating roof meeting the requirements of Sec. 65.44.
    (3) EFR converted to IFR. Operate and maintain an external floating 
roof converted to an internal floating roof meeting the requirements of 
Sec. 65.45.
    (4) Closed vent system and flare. Operate and maintain a closed 
vent system and flare as specified in Sec. 65.142(a)(1) of subpart G of 
this part. Periods of planned routine maintenance of the flare during 
which the flare does not meet the specifications of Sec. 65.147 of 
subpart G of this part shall not exceed 240 hours per year. The 
specifications and requirements in Sec. 65.147 of subpart G of this 
part for flares do not apply during periods of planned routine 
maintenance or during a control system malfunction. The owner or 
operator shall report the periods of planned routine maintenance as 
specified in Sec. 65.166(d) of subpart G of this part.
    (5) Closed vent system and control device. Operate and maintain a 
closed vent system and control device as specified in paragraphs 
(b)(5)(i) through (b)(5)(iv) of this section and Sec. 65.142(a)(2) of 
subpart G of this part.
    (i) Except as provided in paragraph (a)(1)(ii) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of regulated material by 95 percent or greater.
    (ii) For owners or operators referenced to this part from 40 CFR 
part 63, subpart G, and if the owner or operator of a storage vessel 
can demonstrate that a control device installed on the storage vessel 
on or before December 31, 1992 is designed to reduce inlet emissions of 
total organic HAP by greater than or equal to 90 percent but less than 
95 percent, then the control device is

[[Page 57824]]

required to be operated to reduce inlet emissions of total organic HAP 
by 90 percent or greater.
    (iii) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (b)(5)(i) of this section, shall not exceed 240 hours per 
year. The owner or operator shall report the periods of planned routine 
maintenance as specified in Sec. 65.166(b) of subpart G of this part.
    (iv) The requirements in paragraph (b)(5)(i) of this section for 
control devices do not apply during periods of planned routine 
maintenance or during a control system malfunction.
    (6) Route to process or fuel gas system. Route the emissions to a 
process or a fuel gas system as specified in Sec. 65.142(a)(3) of 
subpart G of this part. Whenever the owner or operator bypasses the 
fuel gas system or process, the owner or operator shall comply with the 
recordkeeping requirement in Sec. 65.163(b)(3) of subpart G of this 
part. Bypassing is permitted if the owner or operator complies with one 
or more of the conditions specified in paragraphs (b)(6)(i) through 
(b)(6)(iii) of this section.
    (i) The liquid level in the storage vessel is not increased;
    (ii) The emissions are routed through a closed vent system to a 
control device complying with paragraph (b)(4) or (b)(5) of subpart C 
of this part; or
    (iii) The total aggregate amount of time during which the emissions 
bypass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except startups/
shutdowns/malfunctions or product changeovers of flexible operation 
units and periods when the storage vessel has been emptied and 
degassed), does not exceed 240 hours.
    (7) Equivalent requirements. Comply with an equivalent to the 
requirements in paragraph (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), or 
(b)(6) of this section, as provided in Sec. 65.46.
    (c) For each storage vessel storing a liquid for which the maximum 
true vapor pressure of the total regulated material in the liquid is 
greater than or equal to 76.6 kilopascals (10.9 pounds per square 
inch), the owner or operator shall meet the requirements in paragraph 
(b)(4), (b)(5), or (b)(6) of this section, or equivalent as provided in 
Sec. 65.46.


Sec. 65.43  Fixed roof with an internal floating roof (IFR).

    (a) IFR design requirements. The owner or operator who elects to 
control storage vessel regulated material emissions by using a fixed 
roof and an internal floating roof shall comply with the design 
requirements in paragraphs (a)(1) through (a)(4) of this section.
    (1) The internal floating roof shall be designed to float on the 
stored liquid surface except when the floating roof must be supported 
by the leg supports.
    (2) Except as provided in paragraph (a)(3) of this section, the 
internal floating roof shall be equipped with a closure device between 
the wall of the storage vessel and the floating roof edge and shall 
consist of one of the devices listed in paragraph (a)(2)(i), 
(a)(2)(ii), or (a)(2)(iii) of this section.
    (i) A liquid-mounted seal.
    (ii) A metallic shoe seal.
    (iii) Two continuous seals mounted one above the other. The lower 
seal may be vapor-mounted.
    (3) If the internal floating roof is equipped with a vapor-mounted 
seal as of December 31, 1992, paragraph (a)(2) of this section does not 
apply until the next time the storage vessel is emptied and degassed or 
by April 22, 2004, whichever occurs first.
    (4) Except as provided in paragraph (a)(4)(viii) of this section, 
each internal floating roof shall meet the specifications listed in 
paragraphs (a)(4)(i) through (a)(4)(vii) of this section.
    (i) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents is 
to provide a projection below the stored liquid surface.
    (ii) Except for leg sleeves, automatic bleeder vents, rim space 
vents, column wells, ladder wells, sample wells, and stub drains, each 
opening shall be equipped with a gasketed cover or gasketed lid.
    (iii) Each penetration of the internal floating roof shall be a 
sample well. Each sample well shall have a slit fabric cover that 
covers at least 90 percent of the opening.
    (iv) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (v) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (vii) Covers on each access hatch and each gauge float well shall 
be designed to be bolted or fastened when they are closed.
    (viii) If the internal floating roof does not meet any one of the 
specifications listed in paragraphs (a)(4)(i) through (a)(4)(vii) of 
this section as of December 31, 1992, the requirement for meeting those 
specifications does not apply until the next time the storage vessel is 
emptied and degassed or by April 22, 2004, whichever occurs first.
    (b) IFR operational requirements. The owner or operator using a 
fixed roof and an internal floating roof shall comply with the 
operational requirements in paragraphs (b)(1) through (b)(4) of this 
section.
    (1) The internal floating roof shall float on the stored liquid 
surface at all times except when the floating roof must be supported by 
the leg supports.
    (2) When the floating roof is resting on the leg supports, the 
process of filling or refilling shall be continuous and shall be 
accomplished as soon as practical and the owner or operator shall 
maintain the record specified in Sec. 65.47(e).
    (3) Automatic bleeder vents are to be set to be closed at all times 
when the roof is floating except when the roof is being floated off or 
is being landed on the roof leg supports.
    (4) Each cover, access hatch, gauge float well, or lid on any 
opening in the internal floating roof shall be maintained in a closed 
position at all times (i.e., no visible gaps) except when the device is 
in actual use. Prior to filling the storage vessel, rim space vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim seal exceeds the manufacturer's 
recommended setting.
    (c) IFR inspection requirements. To demonstrate compliance, the 
owner or operator shall visually inspect the internal floating roof, 
the primary seal, and the secondary seal (if one is in service) 
according to paragraphs (c)(1) through (c)(4) of this section and 
maintain records of the IFR inspection results as specified in 
Sec. 65.47(c)(1).
    (1) Single seal. For vessels equipped with a single-seal system, 
the owner or operator shall perform the inspections specified in 
paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) Visually inspect for IFR type A failures the internal floating 
roof and the seal through manholes and roof hatches on the fixed roof 
no less frequently than once every 12 months.
    (ii) Visually inspect for IFR type B failures the internal floating 
roof, the seal, gaskets, slotted membranes, and sleeve seals (if any) 
each time the storage vessel is emptied, but no less frequently than 
once every 10 years.
    (2) Double seal. For vessels equipped with two continuous seals 
mounted one above the other, the owner or operator shall perform either 
the inspection

[[Page 57825]]

required in paragraph (c)(2)(i) of this section or the inspections 
required in paragraph (c)(2)(ii) of this section.
    (i) Visually inspect for IFR type B failures the internal floating 
roof, the primary seal, the secondary seal, gaskets, slotted membranes, 
and sleeve seals (if any) each time the storage vessel is emptied, but 
no less frequently than once every 5 years; or
    (ii) Visually inspect the internal floating roof and the other 
components as specified in paragraphs (c)(2)(ii)(A) and (c)(2)(ii)(B) 
of this section.
    (A) For IFR type A failures, inspect the secondary seal through 
manholes and roof hatches on the fixed roof no less frequently than 
once every 12 months; and
    (B) For IFR type B failures, inspect the primary seal, the 
secondary seal, gaskets, slotted membranes, and sleeve seals (if any) 
each time the vessel is emptied, but no less frequently than once every 
10 years.
    (3) For inspections to determine if any IFR type B failures are 
present as required by paragraphs (c)(1)(ii), (c)(2)(i), and 
(c)(2)(ii)(B) of this section, the owner or operator shall comply with 
the refilling notification requirements specified in Sec. 65.48(c)(1).
    (4) After installing the control equipment required to comply with 
Sec. 65.42(b)(1) or (b)(3), visually inspect the internal floating 
roof, the primary seal, and the secondary seal (if one is in service) 
prior to filling the storage vessel with regulated material. If there 
are holes, tears, or other openings in the primary seal, the secondary 
seal, or the seal fabric, or defects in the internal floating roof, the 
owner or operator shall repair the items before filling the storage 
vessel.
    (d) IFR repair requirements. The owner or operator shall repair any 
observed or determined failures, according to paragraphs (d)(1) and 
(d)(2) of this section.
    (1) If an IFR type A failure is observed, the owner or operator 
shall repair the items or empty and remove the storage vessel from 
service within 45 calendar days. If the failure cannot be repaired 
within 45 calendar days or if the vessel cannot be emptied within 45 
calendar days, the owner or operator may utilize up to two extensions 
of up to 30 additional calendar days each and keep the records 
specified in Sec. 65.47(d).
    (2) If an IFR type B failure is determined, the owner or operator 
shall repair the items and comply with the refilling notification 
requirements of Sec. 65.48(c)(1) before refilling the storage vessel 
with regulated material.


Sec. 65.44  External floating roof (EFR).

    (a) EFR design requirements. The owner or operator who elects to 
control storage vessel regulated material emissions by using an 
external floating roof shall comply with the design requirements listed 
in paragraphs (a)(1) through (a)(3) of this section.
    (1) The external floating roof shall be designed to float on the 
stored liquid surface except when the floating roof must be supported 
by the leg supports.
    (2) The external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.
    (i) Except as provided in paragraph (a)(2)(iii) of this section, 
the closure device is to consist of two continuous seals, one above the 
other. The lower seal is referred to as the primary seal and the upper 
seal is referred to as the secondary seal.
    (ii) Except as provided in paragraph (a)(2)(iv) of this section, 
the primary seal shall be either a metallic shoe seal or a liquid-
mounted seal.
    (iii) If the external floating roof is equipped with a liquid-
mounted or metallic shoe primary seal as of December 31, 1992, the 
requirement for a secondary seal in paragraph (a)(2)(i) of this section 
does not apply until the next time the storage vessel is emptied and 
degassed or by April 22, 2004 whichever occurs first.
    (iv) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992 the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (a)(2)(ii) of this section does not apply until the next time 
the storage vessel is emptied and degassed or by April 22, 2004, 
whichever occurs first.
    (3) The external floating roof shall meet the specifications listed 
in paragraphs (a)(3)(i) through (a)(3)(xiii) of this section.
    (i) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in the noncontact external floating roof 
shall provide a projection below the stored liquid surface except as 
provided in paragraph (a)(3)(xiii) of this section.
    (ii) Covers on each access hatch and each gauge float well shall be 
designed to be bolted or fastened when they are closed.
    (iii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening shall be equipped with a gasketed 
cover, seal, or lid.
    (iv) Automatic bleeder vents and rim space vents shall be equipped 
with a gasket.
    (v) Each roof drain that empties into the stored liquid shall be 
equipped with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening.
    (vi) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (vii) Except for antirotational devices equipped with a welded cap, 
each unslotted guide pole shall be equipped with a gasketed cap on the 
end of the pole.
    (viii) Each slotted guide pole shall be equipped with a gasketed 
float or other device that closes off the stored liquid surface from 
the atmosphere.
    (ix) Each gauge hatch/sample well shall be equipped with a gasketed 
cover.
    (x) Where a metallic shoe seal is in use as the primary seal, one 
end of the metallic shoe shall be designed to extend into the stored 
liquid and the other end shall extend a minimum vertical distance of 61 
centimeters (24 inches) above the stored liquid surface.
    (xi) The secondary seal shall be designed to be installed above the 
primary seal so that it completely covers the space between the roof 
edge and the vessel wall.
    (xii) For the primary and secondary seals, there shall be no holes, 
tears, or other openings in the shoe, seal fabric, or seal envelope.
    (xiii) If each opening in a noncontact external floating roof 
except for automatic bleeder vents (vacuum breaker vents) and rim space 
vents does not provide a projection below the liquid surface as of 
December 31, 1992 the requirement for providing these projections below 
the liquid surface does not apply until the next time the storage 
vessel is emptied and degassed or by April 22, 2004, whichever occurs 
first.
    (b) EFR operational requirements. The owner or operator using an 
external floating roof shall comply with the operational requirements 
in paragraphs (b)(1) through (b)(9) of this section.
    (1) The external floating roof shall float on the stored liquid 
surface at all times except when the floating roof must be supported by 
the leg supports.
    (2) When the floating roof is resting on the leg supports, the 
process of filling or refilling shall be continuous and shall be 
accomplished as soon as practical and the owner or operator shall 
maintain the record specified in Sec. 65.47(e).
    (3) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening shall be maintained in a closed 
position (i.e., no

[[Page 57826]]

visible gap) at all times except when the device is in actual use.
    (4) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when they are closed.
    (5) Automatic bleeder vents are to be set to be closed at all times 
when the roof is floating except when the roof is being floated off or 
is being landed on the roof leg supports.
    (6) Rim space vents are to be set to open only when the roof is 
being floated off the roof leg supports or when the pressure beneath 
the rim seal exceeds the manufacturer's recommended setting.
    (7) The cap on the end of each unslotted guide pole shall be closed 
at all times except when gauging the stored liquid level or taking 
samples of the stored liquid.
    (8) The cover on each gauge hatch/sample well shall be closed at 
all times except when the hatch or well must be open for access.
    (9) Except during the inspections required by paragraph (c) of this 
section, both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the storage vessel in a continuous fashion.
    (c) EFR inspection requirements. To demonstrate compliance for an 
external floating roof vessel, the owner or operator shall use the 
procedures in paragraphs (c)(4) through (c)(9) of this section for seal 
gaps according to the frequency specified in paragraphs (c)(1) through 
(c)(3) of this section and meet the requirements of (c)(10).
    (1) Measurements of gaps between the vessel wall and the primary 
seal shall be performed no less frequently than once every 5 years and 
at the times specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this 
section. The owner or operator shall maintain records of the EFR seal 
gap measurements as specified in Sec. 65.47(c)(2).
    (i) During the hydrostatic testing of the vessel, by initial 
startup, or within 90 days of the initial fill with regulated material.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in paragraph (a)(2)(iii) of this section, measurements of 
gaps between the vessel wall and the primary seal shall be performed at 
least once per year until a secondary seal is installed. When a 
secondary seal is installed above the primary seal, measurements of 
gaps between the vessel wall and both the primary and secondary seals 
shall be performed within 90 calendar days of installation of the 
secondary seal and according to the frequency specified in paragraphs 
(c)(1) through (c)(3) of this section thereafter.
    (2) Measurements of gaps between the vessel wall and the secondary 
seal shall be performed no less frequently than once per year and 
within 90 days of the initial fill with regulated material, within 90 
days of installation of the secondary seal, or by initial startup. The 
owner or operator shall maintain records of the EFR seal gap 
measurements as specified in Sec. 65.47(c)(2).
    (3) If any storage vessel ceases to store regulated material for a 
period of 1 year or more, measurements of gaps between the vessel wall 
and the primary seal, and gaps between the vessel wall and the 
secondary seal shall be performed within 90 days of the vessel being 
refilled with regulated material. The owner or operator shall maintain 
records of the EFR seal gap measurements as specified in 
Sec. 65.47(c)(2).
    (4) If the tank contains regulated material, all primary seal 
inspections or gap measurements that require the removal or dislodging 
of the secondary seal shall be accomplished as soon as possible, and 
the secondary seal shall be replaced as soon as possible.
    (5) The owner or operator shall notify the Administrator 30 days 
before any EFR seal gap measurement as specified in Sec. 65.48(c)(2).
    (6) Except as provided in paragraph (d) of this section, the owner 
or operator shall determine gap widths and gap areas in the primary and 
secondary seals (seal gaps) individually by the procedures described in 
paragraphs (c)(6)(i) through (c)(6)(iii) of this section.
    (i) Seal gaps, if any, shall be measured at one or more floating 
roof levels when the roof is not resting on the roof leg supports.
    (ii) Seal gaps, if any, shall be measured around the entire 
circumference of the vessel in each place where a 0.32 centimeter (1/8 
inch) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the storage vessel. 
The circumferential distance of each such location shall also be 
measured.
    (iii) The total surface area of each gap described in paragraph 
(c)(6)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the 
vessel wall to the seal and multiplying each such width by its 
respective circumferential distance.
    (7) The owner or operator shall add the gap surface area of each 
gap location for the primary seal and divide the sum by the nominal 
diameter of the vessel. The owner or operator shall include the 
calculations in the record of the seal gap measurement as specified in 
Sec. 65.47(c)(2). For metallic shoe primary seals or liquid-mounted 
primary seals, the accumulated area of gaps between the vessel wall and 
the primary seal shall not exceed 212 square centimeters per meter of 
vessel diameter (10.0 square inches per foot of vessel diameter) and 
the width of any portion of any gap shall not exceed 3.81 centimeters 
(1.50 inches).
    (8) The owner or operator shall add the gap surface area of each 
gap location for the secondary seal and divide the sum by the nominal 
diameter of the vessel. The owner or operator shall include the 
calculations in the record of the seal gap measurement as specified in 
Sec. 65.47(c)(2). The accumulated area of gaps between the vessel wall 
and the secondary seal used in combination with a metallic shoe seal or 
liquid-mounted primary seal shall not exceed 21.2 square centimeters 
per meter of vessel diameter (1.00 square inch per foot of vessel 
diameter) and the width of any portion of any gap shall not exceed 1.27 
centimeters (0.50 inch). The secondary seal gap requirements may be 
exceeded during the measurement of primary seal gaps as required by 
paragraph (c)(1) of this section.
    (9) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements or to inspect the vessel to determine 
compliance because the floating roof appears to be structurally unsound 
and poses an imminent or potential danger to inspecting personnel, the 
owner or operator shall comply with the requirements in either 
paragraph (c)(9)(i) or (c)(9)(ii) of this section.
    (i) The owner or operator shall measure the seal gaps or inspect 
the storage vessel no later than 30 calendar days after the 
determination that the roof is unsafe; or
    (ii) The owner or operator shall empty and remove the storage 
vessel from service no later than 45 calendar days after determining 
that the roof is unsafe. If the vessel cannot be emptied within 45 
calendar days, the owner or operator may utilize up to two extensions 
of up to 30 additional calendar days each and comply with the 
recordkeeping requirements in Sec. 65.47(d).
    (10) The owner or operator shall visually inspect for EFR failures 
of the external floating roof, the primary seal, secondary seal, and 
fittings prior to initial filling and each time the vessel is emptied 
(including initially before the vessel is filled with regulated 
material), shall maintain records of the EFR

[[Page 57827]]

inspection results as specified in Sec. 65.47(c)(1), and shall comply 
with the refilling notification requirements specified in 
Sec. 65.48(c)(1).
    (d) EFR repair requirements. (1) The owner or operator shall repair 
conditions that do not meet seal gap specifications listed in 
paragraphs (c)(7) and (c)(8) of this section or any EFR failure 
observed by the inspection required by paragraph (c)(10) of this 
section no later than 45 calendar days after identification, or shall 
empty and remove the storage vessel from service no later than 45 
calendar days after identification. If the vessel cannot be repaired or 
emptied within 45 calendar days, the owner or operator may utilize up 
to two extensions of up to 30 additional calendar days each and comply 
with the recordkeeping requirements in Sec. 65.47(d).
    (2) If an EFR failure is observed by the inspection required by 
paragraph (c)(10) of this section, the owner or operator shall repair 
the items as necessary so that none of the conditions specified in that 
paragraph exist before filling or refilling the storage vessel with 
regulated material.


Sec. 65.45  External floating roof converted into an internal floating 
roof.

    The owner or operator who elects to control storage vessel 
regulated material emissions by using an external floating roof 
converted into an internal floating roof shall comply with the internal 
floating roof requirements of Sec. 65.43 except Sec. 65.43(a)(3), 
(b)(2), and (b)(3) and the external floating roof deck fitting 
requirements of Sec. 65.44 except Sec. 65.44(a)(1), (a)(2), (b)(1), 
(b)(8), (b)(9), (c), and (d), including the recordkeeping and reporting 
provisions referenced therein.


Sec. 65.46  Alternative means of emission limitation.

    Any person seeking permission to use an alternative means of 
compliance under this section shall use the procedures of Sec. 65.8 of 
subpart A of this part.


Sec. 65.47  Recordkeeping provisions.

    (a) Retention time. Each owner or operator of a storage vessel 
subject to this subpart shall meet the requirements of Sec. 65.4 of 
subpart A of this part, except the record specified in paragraph (b) of 
this section shall be kept as long as the storage vessel is in 
operation.
    (b) Vessel dimensions and capacity. Each owner or operator of a 
storage vessel subject to this subpart shall keep readily accessible 
records showing the dimensions of the storage vessel and an analysis of 
the capacity of the storage vessel.
    (c) Inspection results. The owner or operator shall keep the 
following records as specified in paragraphs (c)(1) and (c)(2) of this 
section.
    (1) For each IFR or EFR inspection required by Sec. 65.43(c)(1) and 
(c)(2) or Sec. 65.44(c)(10), respectively, a record containing the 
information listed in paragraph (c)(1)(i) or (c)(1)(ii) of this 
section, as appropriate.
    (i) In the event that no IFR type A failure, IFR type B failure, or 
EFR failure is observed, a record showing that the inspection was 
performed. The record shall identify the storage vessel on which the 
inspection was performed, the date the storage vessel was inspected, 
and references indicating which items were inspected.
    (ii) In the event that an IFR type A failure, IFR type B failure, 
or EFR failure is observed, a record that identifies the storage vessel 
on which the inspection was performed, the date the storage vessel was 
inspected, a description of the failure and of the repair made, the 
date the vessel was emptied (if applicable), and the date that the 
repair was made. As specified in Sec. 65.48(b)(1), the owner or 
operator shall include this record in the periodic report.
    (2) For each EFR seal gap measurement required by Sec. 65.44(c)(1), 
(c)(2) or (c)(3), a record describing the results of the measurement. 
The record shall identify the vessel on which the measurement was 
performed, shall include the date of the measurement, the raw data 
obtained in the measurement, and the calculations described in 
Sec. 65.44(c)(7) and (c)(8), and shall meet any additional requirements 
in paragraph (c)(2)(i) or (c)(2)(ii) of this section, as appropriate.
    (i) In the event that the seal gap measurements do conform to the 
specifications in Sec. 65.44(c)(7) and (c)(8), the owner or operator 
shall submit the information specified in Sec. 65.48(b)(2)(i) in the 
periodic report.
    (ii) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 65.44(c)(7) and (c)(8), the owner or 
operator shall also keep a description of the repairs that were made, 
the date the repairs were made, and the date the storage vessel was 
emptied and shall include a report of the seal gap measurement results 
in the periodic report as specified in Sec. 65.48(b)(2)(ii).
    (d) Emptying and repairing extension. The owner or operator who 
elects to utilize an extension in emptying a storage vessel for 
purposes of repair shall prepare by the initiation of the extension the 
documentation as specified in paragraph (d)(1) or (d)(2) of this 
section, as appropriate, of the decision to utilize an extension.
    (1) For an extension pursuant to Sec. 65.43(d)(1) or 
Sec. 65.44(d)(1), a description of the failure, documentation that 
alternative storage capacity is unavailable, and a schedule of actions 
that will ensure that the control equipment will be repaired or the 
vessel will be emptied as soon as practical. As specified in 
Sec. 65.48(b)(1)(i), the owner or operator shall include this 
information in the periodic report.
    (2) For an extension pursuant to Sec. 65.44(c)(9), an explanation 
of why it was unsafe to perform the inspection or seal gap measurement, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions that will ensure that the vessel will be emptied as 
soon as practical. As specified in Sec. 65.48(b)(3), the owner or 
operator shall include this information in the periodic report.
    (e) Floating roof set on its legs. The owner or operator shall 
maintain a record for each storage vessel subject to Secs. 65.43(b)(2) 
and 65.44(b)(2) 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. 65.48  Reporting provisions.

    (a) Notification of initial startup. If Sec. 65.5(b) of subpart A 
of this part requires that a notification of initial startup be filed, 
then the content of the notification of initial startup shall at least 
include the information specified in Sec. 65.5(b) of subpart A of this 
part and the identification of each storage vessel, its capacity, and 
the types of regulated material stored in the storage vessel.
    (b) Periodic reports. Report the information specified in 
paragraphs (b)(1) through (b)(3) of this section, as applicable, in the 
periodic report specified in Sec. 65.5(e) of subpart A of this part.
    (1) Inspection results. Report the information specified in 
paragraphs (b)(1)(i) and (b)(1)(ii) of this section for each inspection 
conducted in accordance with Secs. 65.43(c) and 65.44(c) in which an 
IFR or EFR failure is detected in the control equipment.
    (i) If an IFR type A failure or an EFR failure is observed for 
vessels for which inspections are required under Sec. 65.43(c)(1)(i), 
Sec. 65.43(c)(2)(ii)(A), or Sec. 65.44(c)(10), each report shall 
include a copy of the inspection results record listed in 
Sec. 65.47(c)(1)(ii). If an extension is utilized in accordance with 
Sec. 65.43(d)(1) or Sec. 65.44(d)(1), the report shall include the copy 
of the records listed in Sec. 65.47(c)(1)(ii) plus the

[[Page 57828]]

documentation specified in Sec. 65.47(d)(1).
    (ii) If an IFR type B failure is observed for vessels for which 
inspections are required under Sec. 65.43(c)(1)(ii), (c)(2)(i), or 
(c)(2)(ii)(B), each report shall include a copy of the records listed 
in Sec. 65.47(c)(1)(ii).
    (2) Seal gap measurements results. (i) For each vessel whose seal 
gaps are measured during the reporting period, identify each seal gap 
measurement made in accordance with Sec. 65.44(c) in which the 
requirements of Sec. 65.44(c)(7) or (c)(8) are met.
    (ii) For each seal gap measurement made in accordance with 
Sec. 65.44(c) in which the requirements of Sec. 65.44(c)(7) or (c)(8) 
are not met, from the records kept pursuant to Sec. 65.47(c)(2) report 
the date of the measurements, results of the calculations, and note 
which seal gap measurements did not conform to the specifications in 
Sec. 65.44(c)(7) and (c)(8).
    (3) Extension documentation. If an extension is utilized in 
accordance with Sec. 65.44(c)(9), the owner or operator shall include 
the documentation specified in Sec. 65.47(d)(2) in the next report 
required by Sec. 65.5(e) of subpart A of this part.
    (c) Special notifications. An owner or operator who elects to 
comply with Sec. 65.43, Sec. 65.44, or Sec. 65.45 shall submit, as 
applicable, the reports specified in paragraphs (c)(1) and (c)(2) of 
this section except as specified in paragraph (c)(3) of this section. 
Each written notification or report shall also include the information 
specified in Sec. 65.5(f) of subpart A of this part.
    (1) Refilling notification. In order to afford the Administrator 
the opportunity to have an observer present, notify the Administrator 
prior to refilling of a storage vessel that has been emptied. If the 
storage vessel is equipped with an internal floating roof as specified 
in Sec. 65.43, an external floating roof as specified in Sec. 65.44, or 
an external floating roof converted to an internal floating roof as 
specified in Sec. 65.45, the notification shall meet the requirements 
of either paragraph (c)(1)(i) or (c)(1)(ii) of this section, as 
applicable.
    (i) Notify the Administrator in writing at least 30 calendar days 
prior to the refilling of each storage vessel; or
    (ii) If the inspection is not planned and the owner or operator 
could not have known about the inspection 30 calendar days in advance 
of refilling the vessel, the owner or operator shall notify the 
Administrator as soon as practical, but no later than 7 calendar days 
prior to the refilling of the storage vessel. Notification may be made 
by telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. Alternatively, the 
notification including the written documentation may be made in writing 
and sent so that it is received by the Administrator at least 7 
calendar days prior to refilling.
    (2) Seal gap measurement notification. In order to afford the 
Administrator the opportunity to have an observer present, the owner or 
operator of a storage vessel equipped with an external floating roof as 
specified in Sec. 65.44 shall notify the Administrator in writing 30 
calendar days in advance of any seal gap measurements.
    (3) Notification waiver. Where a notification required by paragraph 
(c)(1) or (c)(2) of this section is sent to a delegated State or local 
agency, a copy of the notification to the Administrator is not 
required. A delegated State or local agency may waive the requirements 
for these notifications.
    (d) Compliance certification. For sources subject to the compliance 
certification provisions of title V, a recertification of continuous 
compliance with Secs. 65.43(b)(1) and 65.44(b)(1) shall be based on the 
annual inspections required by Sec. 65.43(c)(1)(i) and (c)(2)(ii)(A) 
and at other times when the roof is viewed.


Secs. 65.49-65.59  [Reserved]

Subpart D--Process Vents


Sec. 65.60  Applicability.

    The provisions of this subpart and of subpart A of this part apply 
to control of regulated material emissions from process vents where a 
referencing subpart references the use of this subpart for such 
emissions control.


Sec. 65.61  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of 
this part for purposes of this subpart.


Sec. 65.62  Process vent group determination.

    (a) Group status. The owner or operator of a process vent shall 
determine the group status (i.e., Group 1, Group 2A, or Group 2B) for 
each process vent. Group 1 process vents require control, and Group 2A 
and 2B process vents do not. Group 2A process vents require parameter 
monitoring, and Group 2B process vents do not. The owner or operator 
shall report the group status of each process vent as specified in 
Sec. 65.5(c)(2) of subpart A of this part.
    (b) Group 1. A process vent is considered Group 1 if it meets at 
least one of the specifications listed in paragraph (b)(1) or (b)(2) of 
this section.
    (1) The owner or operator designates the process vent as Group 1.
    (2) At representative conditions for the process vent, the TRE 
index value is less than or equal to 1.0, the flow rate is greater than 
or equal to 0.011 standard cubic meter per minute (0.40 standard cubic 
foot per minute), and the concentration is greater than or equal to the 
applicable table 1 criterion. Procedures for determining the TRE index 
value, flow rate, and concentration are specified in Sec. 65.64.
    (c) Group 2A. A process vent is considered Group 2A if, at 
representative conditions, it has a TRE index value of greater than 1.0 
and less than or equal to 4.0, a flow rate of greater than or equal to 
0.011 standard cubic meter per minute (0.40 standard cubic foot per 
minute), and a concentration greater than or equal to the applicable 
table 1 criterion. Procedures for determining the TRE index value, flow 
rate, and concentration are specified in Sec. 65.64.
    (d) Group 2B. A process vent is considered Group 2B if, at 
representative conditions, it has a TRE index value of greater than 
4.0; or a flow rate of less than 0.011 standard cubic meter per minute 
(0.40 standard cubic foot per minute); or a concentration less than the 
applicable table 1 criterion. Procedures for determining the TRE index 
value, flow rate, and concentration are specified in Sec. 65.64.


Sec. 65.63  Performance and group status change requirements.

    (a) Group 1 performance requirements. Except for the additional 
requirement for halogenated vent streams as provided in paragraph (b) 
of this section, the owner or operator of a Group 1 process vent shall 
comply with the requirements of either paragraph (a)(1), (a)(2), or 
(a)(3) of this section.
    (1) Flare. Reduce emissions of regulated material using a flare 
meeting the applicable requirements of Sec. 65.142(b) of subpart G of 
this part.
    (2) 98 percent or 20 parts per million by volume standard. Reduce 
emissions of regulated material or TOC by at least 98 weight-percent or 
to a concentration of less than 20 parts per million by volume, 
whichever is less stringent. For combustion devices, the emission 
reduction or concentration shall be calculated on a dry basis, and 
corrected to 3 percent oxygen. The owner or operator shall meet the 
requirements in Sec. 65.142(b) of subpart G of this part and

[[Page 57829]]

paragraphs (a)(2)(i) and/or (a)(2)(ii) of this section.
    (i) Compliance with paragraph (a)(2) of this section may be 
achieved by using any combination of combustion, recovery, and/or 
recapture devices except that a recovery device may not be used to 
comply with paragraph (a)(2) of this section by reducing emissions of 
total regulated material by 98 weight-percent, except as provided in 
paragraph (a)(2)(ii) of this section.
    (ii) An owner or operator may use a recovery device alone or in 
combination with one or more combustion or recapture devices to reduce 
emissions of total regulated material by 98 weight-percent if all the 
conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(C) of this 
section are met.
    (A) For process vents referenced to this part by 40 CFR part 63, 
subpart G, the recovery device (and any combustion device or recapture 
device that operates in combination with the recovery device to reduce 
emissions of total regulated material by 98 weight-percent) was 
installed before December 31, 1992.
    (B) The recovery device that will be used to reduce emissions of 
total regulated material by 98 weight-percent is the last recovery 
device before emission to the atmosphere.
    (C) The recovery device alone or in combination with one or more 
combustion or recapture devices is capable of reducing emissions of 
total regulated material by 98 weight-percent but is not capable of 
reliably reducing emissions of total regulated material to a 
concentration of 20 parts per million by volume.
    (D) If the owner or operator disposed of the recovered material, 
the recovery device would be considered a recapture device and comply 
with the requirements of this subpart and Sec. 65.142(b) of subpart G 
for control devices.
    (3) TRE index value. Achieve and maintain a TRE index value greater 
than 1.0 at the outlet of the final recovery device, or prior to 
release from the process vent to the atmosphere if no recovery device 
is present. If the TRE index value is greater than 1.0, the process 
vent shall meet the provisions for a Group 2A or 2B process vent 
specified in either paragraph (c), (d), (e), or (f) of this section, 
whichever is applicable.
    (b) Halogenated Group 1 performance requirement. Halogenated Group 
1 process vents that are combusted shall be controlled according to 
paragraph (b)(1) or (b)(2) of this section. Determination of whether a 
vent stream is halogenated shall be made using the procedures specified 
in Sec. 65.64(g) and the halogen concentration in the vent stream shall 
be recorded and reported in the Initial Compliance Status Report as 
specified in Sec. 65.160(d) of subpart G of this part.
    (1) Halogen reduction device following combustion. If a combustion 
device is used to comply with paragraph (a)(2) of this section for a 
halogenated process vent, then the process vent exiting the combustion 
device shall be ducted to a halogen reduction device including, but not 
limited to, a scrubber before it is discharged to the atmosphere and 
the halogen reduction device shall meet the requirements of paragraph 
(b)(1)(i) or (b)(1)(ii) of this section, as applicable. The halogenated 
process vent shall not be combusted using a flare.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens by 99 percent or shall reduce the outlet mass of 
total hydrogen halides and halogens to less than 0.45 kilogram per hour 
(0.99 pound per hour), whichever is less stringent. The owner or 
operator shall meet the requirements in Sec. 65.142(b) of subpart G of 
this part.
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the device shall reduce overall emissions 
of hydrogen halides and halogens by 95 percent or shall reduce the 
outlet mass of total hydrogen halides and halogens to less than 0.45 
kilogram per hour (0.99 pound per hour), whichever is less stringent. 
The owner or operator shall meet the requirements in Sec. 65.142(b) of 
subpart G of this part.
    (2) Halogen reduction device prior to combustion. A halogen 
reduction device, such as a scrubber, or other technique may be used to 
reduce the process vent halogen atom mass emission rate to less than 
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion 
control device and thus make the process vent nonhalogenated; the 
process vent must comply with the requirements of paragraph (a)(1) or 
(a)(2) of this section. The halogen atom mass emission rate prior to 
the combustor shall be determined according to the procedures in 
Sec. 65.64(g). The owner or operator shall meet the requirements in 
Sec. 65.142(b) of subpart G of this part.
    (c) Performance requirements for group 2A process vents with 
recovery devices. For Group 2A process vents, where the owner or 
operator is using a recovery device to maintain a TRE index value 
greater than 1.0, the owner or operator shall maintain a TRE index 
value greater than 1.0 and comply with the requirements for recovery 
devices in Sec. 65.142(b) of subpart G of this part.
    (d) Performance requirements for group 2A process vents without 
recovery devices. For Group 2A process vents where the owner or 
operator is not using a recovery device to maintain a TRE index value 
greater than 1.0, determine the appropriate parameters to be monitored 
and submit the information as specified in paragraphs (d)(1), (d)(2), 
and (d)(3) of this section. Such information shall be submitted for 
approval to the Administrator as part of a title V permit application 
or by separate notice. The owner or operator shall monitor as specified 
in Sec. 65.65(a), maintain the record specified in Sec. 65.66(e), and 
submit reports as specified in Sec. 65.67(c).
    (1) Parameter monitoring. A description of the parameter(s) to be 
monitored to ensure the owner or operator of a process vent achieves 
and maintains the TRE above 1.0. and an explanation of the criteria 
used to select the parameter(s).
    (2) Demonstration methods and procedures. A description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation of the process, 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 required in Sec. 65.5(d) of subpart A of this 
part, unless this information has already been included in the 
operating permit application.
    (3) Monitoring, recordkeeping, and reporting frequency. The 
frequency and content of monitoring, recording, and reporting if 
monitoring and recordkeeping are not continuous, or if reports of daily 
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. 65.5(e) of 
subpart A of this part. The rationale for the proposed monitoring, 
recording, and reporting system shall be included.
    (e) Group 2B performance requirements. For Group 2B process vents, 
the owner or operator shall maintain a TRE index greater than 4.0, a 
flow rate less than 0.011 scmm, or a concentration less than the 
applicable criteria in table 1 of this subpart.
    (f) Group 2A or 2B process change requirements. Whenever process 
changes are made that could reasonably be expected to change a Group 2A 
or 2B process vent to a Group 1 vent, the owner or operator shall 
recalculate the TRE index value, flow, or TOC or

[[Page 57830]]

organic hazardous air pollutant (HAP) concentration according to 
paragraph (f)(1), (f)(2), or (f)(3) of this section as specified for 
each process vent as necessary to determine whether the process vent is 
Group 1, Group 2A, or Group 2B and shall maintain the applicable 
records specified in Sec. 65.66(d). Examples of process changes 
include, but are not limited to, changes in production capacity, 
production rate, feedstock type, or catalyst type, or whenever there is 
replacement, removal, or addition of recovery equipment. For purposes 
of paragraph (f) of this section, process changes do not include 
process upsets; unintentional, temporary process changes; and changes 
that are within the range on which the original TRE index value 
calculation was based.
    (1) Flow rate. The flow rate shall be determined as specified in 
the sampling site and flow rate determination procedures in Sec. 65.64 
(b) and (d) or by using best engineering assessment of the effects of 
the change. Engineering assessments shall meet the specifications in 
Sec. 65.64(i);
    (2) Concentration. The TOC or organic HAP concentration shall be 
determined as specified in Sec. 65.64 (b) and (c) or by using best 
engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in Sec. 65.64(i); or
    (3) TRE index value. The TRE index value shall be recalculated 
based on measurements of process vent flow rate, TOC, and/or organic 
HAP concentrations, and heating values as specified in Sec. 65.64 (b), 
(c), (d), (e), (f), (g), and (h) as applicable, or based on best 
engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in Sec. 65.64(i).
    (4) Group status change to Group 1. Where the process change causes 
the group status to change to Group 1, the owner or operator shall 
comply with the Group 1 process vent provisions in paragraph (a) of 
this section and, if they apply, the halogenated Group 1 process vent 
provisions in paragraph (b) of this section upon initial startup unless 
the owner or operator demonstrates to the Administrator that achieving 
compliance will take longer than making the process change. If this 
demonstration is made to the Administrator's satisfaction, the owner or 
operator shall comply as expeditiously as practical, but in no event 
later than 3 years after the emission point becomes Group 1, and shall 
follow the procedures in paragraphs (f)(4)(i) through (f)(4)(iii) of 
this section to establish a compliance date.
    (i) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (ii) The compliance schedule shall be submitted with the operating 
permit application or amendment or by other appropriate means.
    (iii) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (5) Group status change to Group 2A. Whenever a process change 
causes the process vent group status to change to Group 2A, the owner 
or operator shall comply with the provisions of paragraph (c) or (d) of 
this section upon completion of the group status determination of the 
process vent. The owner or operator shall perform the group status 
determination as soon as practical after the process change and within 
180 days after the process change.
    (6) Group status change to Group 2B. Whenever a process change 
causes the process vent group status to change to Group 2B, the owner 
or operator shall comply with the provisions of paragraph (e) of this 
section as soon as practical after the process change.


Sec. 65.64  Group determination procedures.

    (a) General. The provisions of this section provide calculation and 
measurement methods for parameters that are used to determine group 
status.
    (b)(1) Sampling site. For purposes of determining total organic TOC 
or HAP concentration, process vent volumetric flow rate, heating value, 
or TRE index value as specified under paragraph (c), (d), (e), (f), or 
(h) of this section, 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.
    (2) Sampling site when a halogen reduction device is used prior to 
a combustion device. An owner or operator using a scrubber or other 
halogen reduction device to reduce the process vent halogen atom mass 
emission rate to less than 0.45 kilogram per hour (0.99 pound per hour) 
prior to a combustion control device in compliance with 
Sec. 65.63(b)(2) shall determine the halogen atom mass emission rate 
prior to the combustor according to the procedures in paragraph (g) of 
this section.
    (3) 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 (4 inches) in nominal inside diameter.
    (c) TOC or HAP concentration. The TOC or HAP concentrations used 
for TRE index value calculations in paragraph (h) of this section shall 
be determined based on paragraph (c)(1) 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 concentration in table 1 of this 
subpart, TOC or HAP concentration shall be determined based on 
paragraph (c)(1), (c)(2), or (i) 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. The owner or operator shall record the TOC or 
HAP concentration as specified in Sec. 65.66(c).
    (1) Method 18. The procedures specified in paragraphs (c)(1)(i) and 
(c)(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 
organic HAP emissions shall be calculated according to paragraph 
(c)(1)(ii)(A) or (c)(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] TP28OC98.003

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 component j of the sample i, dry 
basis, parts per million by volume.

    (B) The total organic HAP concentration (CHAP) shall be computed 
according to the equation in paragraph (c)(1)(ii)(A) of this section

[[Page 57831]]

except that only the organic HAP species shall be summed.
    (2) Method 25A. The procedures specified in paragraphs (c)(2)(i) 
through (c)(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 compound of regulated material is 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 EPA 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 compound 
of regulated material 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 concentration value in table 1 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 of this subpart, appendix A is below one-half the appropriate 
value in table 1 to be considered a Group 2B vent with an organic HAP 
or TOC concentration below the appropriate value in table 1 of this 
subpart.
    (d) Volumetric flow rate. The process vent volumetric flow rate 
(QS) in standard cubic meters per minute at 20  deg.C (68 F) shall be 
determined as specified in paragraph (d)(1) or (d)(2) of this section 
and shall be recorded as specified in Sec. 65.66(b).
    (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 (i) of this 
section can be used for determining volumetric flow rates.
    (e) Heating value. The net heating value shall be determined as 
specified in paragraphs (e)(1) and (e)(2) of this section or by using 
the engineering assessment procedures in paragraph (i) of this section.
    (1) The net heating value of the process vent shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.004

Where:

HT=Net heating value of the sample, megajoule per 
standard cubic 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.
n=Number of components in the sample.
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 steam 
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 of 
mercury. The heat of combustion of process vent components shall be 
determined using American Society for Testing and Materials (ASTM) 
D2382-76 incorporated by reference as specified in Sec. 65.13 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 (e)(2)(i) through 
(e)(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 (ASTM) D1946-77 
incorporated by reference as specified in Sec. 65.13 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.
    (f) TOC or HAP emission rate. The emission rate of TOC (minus 
methane and ethane) (ETOC) and/or the emission rate of total 
organic HAP (EHAP) in the process vent as required by the 
TRE index value equation specified in paragraph (h) of this section, 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.005

Where:

E=Emission rate of TOC (minus methane and ethane) (ETOC) 
or emission rate of 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 per gram) (minutes per 
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 (c) 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.
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.

    (g) Halogenated 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 (g)(1) and (g)(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 kilogram per hour (0.99 pound 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 (g)(1)(i) through (g)(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 
(i)(3) 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

[[Page 57832]]

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] TP28OC98.006

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 (d) or (i) 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.

    (h) TRE index value. The owner or operator shall calculate the TRE 
index value of the process vent using the equations and procedures 
specified in paragraphs (h)(1) through (h)(3) of this section, as 
applicable, and shall maintain the records specified in Sec. 65.66(a) 
or Sec. 65.66(d)(4), as applicable.
    (1) TRE index value equation. The equation for calculating the TRE 
index is as follows:

TRE=A * [B + C + D + E + F]   (64-5)

where:

TRE=TRE index value.
A, B, C, D, E, and F=Parameters presented in tables 2 and 3 of this 
subpart that include the following variables:
Q=Process vent flow rate, standard cubic meters per minute, at a 
standard temperature of 20  deg.C, as calculated according to 
paragraph (d) or (i) of this section.
H=Process vent net heating value, megajoules per standard cubic 
meter, as calculated according to paragraph (e) or (i) of this 
section.
ETOC=Emission rate of TOC (minus methane and ethane), 
kilograms per hour, as calculated according to paragraph (f) or (i) 
of this section.
EHAP=Emission rate of total organic HAP, kilograms per 
hour, as calculated according to paragraph (f) or (i) of this 
section.

    (2) Nonhalogenated process vents. The owner or operator of a 
nonhalogenated process vent shall calculate the TRE index value based 
on either paragraph (h)(2)(i) or (h)(2)(ii) of this section, as 
applicable.
    (i) TRE calculations: Part 60 regulated sources. Use the parameters 
in table 2 of this subpart and calculate the TRE index value twice, 
once using the appropriate equation (depending on the heating value and 
flow rate of the process vent) in equations 15 through 30 and once 
using the appropriate equation (depending on the heating value of the 
process vent) in equations 31 and 32. Select the lowest TRE index 
value.
    (ii) TRE calculations: Part 63 regulated sources. Use the equation 
and parameters in table 3 of this subpart and calculate the TRE index 
value using equations 34, 35, and 36 for process vents at existing 
sources; or equations 38, 39, and 40 for process vents at new sources. 
Select the lowest TRE index value.
    (3) Halogenated process vents. The owner or operator of a 
halogenated process vent stream as determined according to procedures 
specified in paragraph (g) of this section shall calculate the TRE 
index value based on either paragraph (h)(3)(i) or (h)(3)(ii) of this 
section, as applicable.
    (i) TRE Calculations: Part 60 regulated sources. Use the parameters 
in table 2 of this subpart and calculate the TRE index value using the 
appropriate equation chosen from equations 1 through 14 depending on 
the heating value and flow rate of the process vent.
    (ii) TRE calculations: Part 63 regulated sources. Use the 
appropriate parameters in table 3 of this subpart and calculate the TRE 
index value using equation 33 or 37 depending on whether the process 
vent is at a new or existing source.
    (i) 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 (i)(1) through (i)(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 
(0.40 standard cubic foot) flow rate or the applicable concentration 
value in table 1 of this subpart, 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 (h) of this 
section is greater than 4.0, then the owner or operator is not required 
to perform the measurements specified in paragraphs (c) through (g) of 
this section.
    (2) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (h) 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 (c) 
through (g) of this section for group determination or to consider the 
process vent a Group 1 process vent and comply with the requirement (or 
standard) specified in Sec. 65.63(a) and, if applicable, Sec. 65.63(b).
    (3) Engineering assessment includes, but is not limited to, the 
examples specified in paragraphs (i)(3)(i) through (i)(3)(iv) of this 
section:
    (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 (i)(3)(iv)(A) through 
(i)(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 Sec. 65.66(a), (b), (c), or (d), as 
applicable.

[[Page 57833]]

Sec. 65.65  Monitoring.

    (a) An owner or operator of a Group 2A process vent maintaining a 
TRE index value greater than 1.0 without a recovery device shall 
monitor based on the approved plan as specified in Sec. 65.63(d).
    (b) As required in Sec. 65.63(a) and (c), an owner or operator of a 
Group 2A process vent maintaining a TRE index value greater than 1.0 
with a recovery device or a Group 1 process vent shall comply with 
Sec. 65.142(b) of subpart G of this part.


Sec. 65.66  Recordkeeping provisions.

    (a) 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 Sec. 65.64(h), 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 
Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or operator 
shall include this information in the Initial Compliance Status Report.
    (b) Flow rate records. The owner or operator shall record the flow 
rate as measured using the sampling site and flow rate determination 
procedures specified in Sec. 65.64(b) and (d) or determined through 
engineering assessment as specified in Sec. 65.64(i). As specified in 
Sec. 65.67(a), the owner or operator shall include this information in 
the Initial Compliance Status Report.
    (c) Concentration records. The owner or operator shall record the 
organic HAP or TOC concentration as measurement using the sampling site 
and HAP or TOC concentration determination procedures specified in 
Sec. 65.64(b) and (c) or determined through engineering assessment as 
specified in Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or 
operator shall include this information in the Initial Compliance 
Status Report.
    (d) Process change records. The owner or operator shall keep up-to-
date, readily accessible records as specified in paragraphs (d)(1) 
through (d)(4) of this section and shall report this information as 
specified in Sec. 65.67(b).
    (1) If the process vent is Group 2B on the basis of flow rate being 
less than 0.011 scmm (0.40 standard cubic foot), then the owner or 
operator shall keep records of any process changes as defined in 
Sec. 65.63(f) that increase the process vent flow rate and any 
recalculation or measurement of the flow rate pursuant to 
Sec. 65.63(f).
    (2) If the process vent is Group 2B on the basis of organic HAP or 
TOC concentration being less than the applicable value in table 1 of 
this subpart, then the owner or operator shall keep records of any 
process changes as defined in Sec. 65.63(f) that increase the organic 
HAP or TOC concentration of the process vent and any recalculation or 
measurement of the concentration pursuant to Sec. 65.63(f).
    (3) If the process vent is Group 2A or Group 2B on the basis of the 
TRE index value being greater than 1.0, then the owner or operator 
shall keep records of any process changes as defined in Sec. 65.63(f) 
and any recalculation of the TRE index value pursuant to Sec. 65.63(f).
    (4) As a result of a process change, if a process vent that was 
Group 2B on any basis becomes a Group 2B process vent only on the basis 
of having a TRE greater than 4.0, then the owner or operator shall keep 
records of the TRE index value determination performed according to the 
sample site and TRE index value determination procedures of 
Sec. 65.64(b)(1) and (h) or determined through engineering assessment 
as specified in Sec. 65.64(i).
    (e) Other Group 2A records. An owner or operator of a Group 2A 
process vent maintaining a TRE index value greater than 1.0 without a 
recovery device shall record the parameters monitored based on the 
approved plan as specified in Sec. 65.63(d).


Sec. 65.67  Reporting provisions.

    (a) Initial compliance status report. The owner or operator shall 
submit as part of the Initial Compliance Status Report specified in 
Sec. 65.5(d) of subpart A of this part the information recorded in 
Sec. 65.66(a), (b), and (c).
    (b) Process change. (1) Whenever a process change, as described in 
Sec. 65.63(f) is made that causes a Group 2A or 2B process vent to 
become a Group 1 process vent or a Group 2B process vent to become a 
Group 2A process vent, the owner or operator shall submit a report 
within 60 days after the performance test or group determination. The 
report may be submitted as part of the next periodic report. The report 
shall include the information specified in paragraphs (b)(1)(i) through 
(b)(1)(iii) of this section.
    (i) A description of the process change;
    (ii) The results of the recalculation of the flow rate, organic HAP 
or TOC concentration, and/or TRE index value required under 
Sec. 65.63(f) and recorded under Sec. 65.66(d); and
    (iii) A statement that the owner or operator will comply with the 
provisions of Sec. 65.63 by the schedules specified in Sec. 65.63(f)(4) 
through (f)(6).
    (2) For process vents that become Group 1 process vents after a 
process change requiring a performance test to be conducted for the 
control device being used as specified in subpart G of this part, 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 as provided in Sec. 65.164(b)(1) of subpart G of this 
part.
    (3) Whenever a process change as described in Sec. 65.63(f) is made 
that changes the group status of a process vent from Group 1 to Group 
2A, or from Group 1 to Group 2B, or from Group 2A to Group 2B, the 
owner or operator shall include a statement in the next periodic report 
after the process change that a process change has been made and the 
new group status of the process vents.
    (4) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraph (b)(4)(i), 
(b)(4)(ii), (b)(4)(iii), or (b)(4)(iv) of this section is met.
    (i) The change does not meet the definition of a process change in 
Sec. 65.63(f) of this subpart, or
    (ii) For a Group 2B process vent, the vent stream flow rate is 
recalculated according to Sec. 65.63(f) of this subpart and the 
recalculated value is less than 0.011 standard cubic meter per minute 
(0.40 standard cubic foot per minute), or
    (iii) For a Group 2B process vent, the organic HAP or TOC 
concentration of the vent stream is recalculated according to 
Sec. 65.63(f) of this subpart, and the recalculated value is less than 
the applicable value in table 1 of this subpart, or
    (iv) For a Group 2B process vent, the TRE index value is 
recalculated according to Sec. 65.63(f) of this subpart and the 
recalculated value is greater than 4.0.
    (c) Parameters for Group 2A without a recovery device. An owner or 
operator of a Group 2A process vent maintaining a TRE index value 
greater than 1.0 without using a recovery device shall report the 
information specified in the approved plan under Sec. 65.63(d).


Secs. 65.68-65.79  [Reserved]

[[Page 57834]]



      Table 1 to Subpart D.--Concentration for Group Determination
------------------------------------------------------------------------
           Referencing subpart                     Concentration
------------------------------------------------------------------------
Subpart III of Part 60...................  NA.\1\
Subpart NNN of Part 60...................  300 ppmv of TOC.
Subpart RRR of Part 60...................  300 ppmv of TOC.
Subpart G of Part 63.....................  50 ppmv of HAP.\2\
------------------------------------------------------------------------
\1\ Process vents subject to subpart III of Part 60 are not eligible for
  the low concentration exemption provisions of this part.
\2\ For process vents subject to subpart G of part 63, the owner or
  operator may measure HAP or TOC concentration with regard to the low
  concentration exemption provisions of this part.


                                                             Table 2.--To Subpart D.--TRE Parameters for NSPS Referencing Subparts a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Values of terms for TRE equation: TRE=A * [B+C+D+E+F]
                                       Net heating value                                    ----------------------------------------------------------------------------------------------------
      Halogenated vent stream?             (MJ/scm)         Vent stream flow rate (scm/min)                                                                                             Equation
                                                                                                    A            B          C              D                 E               F            No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Yes................................  0 H TOC           30.96334          0                  0      -0.13064QH                0          1
                                      thn-eq>3.5.
                                                           14.2 Q TOC           19.18370   0.27580Q      0.757620Q0.88      -0.13064QH      0.01025Q0.5          2
                                                            eq>18.8.
                                                           18.8< Q 699..........  1/ETOC           20.00563   0.27580Q      0.303870Q0.88      -0.13064QH      0.01025Q0.5          3
                                                           699< Q 1400..........  1/ETOC           39.87022   0.29973Q      0.303870Q0.88      -0.13064QH      0.01449Q0.5          4
                                                           1400< Q 2100.........  1/ETOC           59.73481   0.31467Q      0.303870Q0.88      -0.13064QH      0.01775Q0.5          5
                                                           2100< Q 2800.........  1/ETOC           79.59941   0.32572Q      0.303870Q0.88      -0.13064QH      0.02049Q0.5          6
                                                           2800< Q 3500.........  1/ETOC           99.46400   0.33456Q      0.303870Q0.88      -0.13064QH      0.02291Q0.5          7
                                     H >3.5..............  Q <14.2.........................  1/ETOC           20.61052          0                  0               0                0          8
                                                           14.2 Q TOC           18.84466   0.26742Q     -0.200440Q0.88               0      0.01025Q0.5          9
                                                            eq>18.8.
                                                           18.8< Q 699..........  1/ETOC           19.66658   0.26742Q     -0.253320Q0.88               0      0.01025Q0.5         10
                                                           699< Q 1400..........  1/ETOC           39.19213   0.29062Q     -0.253320Q0.88               0      0.01449Q0.5         11
                                                           1400< Q 2100.........  1/ETOC           58.71768   0.30511Q     -0.253320Q0.88               0      0.01775Q0.5         12
                                                           2100< Q 2800.........  1/ETOC           78.24323   0.31582Q     -0.253320Q0.88               0      0.02049Q0.5         13
                                                           2800< Q 3500.........  1/ETOC           97.76879   0.32439Q     -0.253320Q0.88               0      0.02291Q0.5         14
No.................................  0 H TOC           11.01250          0                  0      -0.17109QH                0         15
                                      thn-eq>0.48.
                                                           14.2 Q TOC            8.54245   0.10555Q      0.090300Q0.88      -0.17109QH      0.01025Q0.5         16
                                                            eq>1340.
                                                           1340< Q 2690.........  1/ETOC           16.94386   0.11470Q      0.090300Q0.88      -0.17109QH      0.01449Q0.5         17
                                                           2690< Q 4040.........  1/ETOC           25.34528   0.12042Q      0.090300Q0.88      -0.17109QH      0.01775Q0.5         18
                                     0.48< H TOC           13.45630          0                  0      -0.16181QH                0         19
                                      eq>1.9.
                                                           14.2 Q TOC            9.25233   0.06105Q      0.319370Q0.88      -0.16181QH      0.01025Q0.5         20
                                                            eq>1340.
                                                           1340< Q 2690.........  1/ETOC           18.36363   0.06635Q      0.319370Q0.88      -0.16181QH      0.01449Q0.5         21
                                                           2690< Q 4040.........  1/ETOC           27.47492   0.06965Q      0.319370Q0.88      -0.16181QH      0.01775Q0.5         22
                                     1.9< H TOC            7.96988          0                  0               0                0         23
                                      eq>3.6.
                                                           14.2 Q TOC            6.67868   0.06943Q      0.025820Q0.88               0      0.01025Q0.5         24
                                                            eq>1180.
                                                           1180< Q 2370.........  1/ETOC           13.21633   0.07546Q      0.025820Q0.88               0      0.01449Q0.5         25
                                                           2370< Q 3550.........  1/ETOC           19.75398   0.07922Q      0.025820Q0.88               0      0.01775Q0.5         26
                                     H >3.6..............  Q <14.2.........................  1/ETOC            6.67868          0  0.02220Q0.88H0.88      -0.00707QH      0.02036H0.5         27
                                                           Q 14.2 and 14.2TOC            6.67868          0  0.02220Q0.88H0.88      -0.00707QH  0.00540Q0.5H0.5         28
                                                            thn-eq> Q* (H/3.6) 1180.
                                                           Q 14.2 and 1180< Q*    1/ETOC           13.21633          0  0.02412Q0.88H0.88      -0.00707QH  0.00764Q0.5H0.5         29
                                                            (H/3.6) 2370.
                                                           Q 14.2 and 2370< Q*    1/ETOC           19.75398          0  0.02533Q0.88H0.88      -0.00707QH  0.00936Q0.5H0.5         30
                                                            (H/3.6) 3550.
No.................................  0 H TOC               2.08      2.25Q          0.288Q0.8        -0.193QH      -0.0051ETOC         31
                                      thn-eq>11.2.
                                     H 11.2...  All.............................  1/ETOC               2.08     0.309Q         0.0619Q0.8       -0.0043QH      -0.0043ETOC         32
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in Sec.  65.64(h).
MJ/scm = mega Joules per standard cubic meter; scm/min = standard cubic meters per minute.


                                                               Table 3 to Subpart D.--TRE Parameters for Hon Referencing Subpartsa
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Values of terms for TRE equation: TRE = A * [ B+C+D+E+F]
          Existing or New?               Halogenated vent    -----------------------------------------------------------------------------------------------------------------------   Equation
                                             stream?                   A                B                C                D                E                        F                    No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Existing...........................  Yes....................  1/EHAP.............        3.995  0.05200Q                       0          -0.001769H  0.0009700ETOC................           33
                                     No.....................  1/EHAP.............        1.935  0.3660Q                        0          -0.007687H  -0.000733ETOC................           34
                                                              1/EHAP.............        1.492  0.06267Q                       0            0.03177H  -0.001159ETOC................           35
                                                              1/EHAP.............        2.519  0.01183Q                       0            0.01300H  0.04790ETOC..................           36
New................................  Yes....................  1/EHAP.............       1.0895  0.01417Q                       0          -0.000482H  0.0002645ETOC................           37
                                     No.....................  1/EHAP.............       0.5276  0.0998Q                        0          -0.002096H  -0.0002000ETOC...............           38
                                                              1/EHAP.............       0.4068  0.00171Q                       0           0.008664H  -0.000316ETOC................           39
                                                              1/EHAP.............       0.6868  0.00321Q                       0           0.003546H  0.01306ETOC..................           40
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in Sec.  65.64(h).
MJ/scm = mega Joules per standard cubic meter; scm/min = standard cubic meters per minute.


[[Page 57835]]

Subpart E--Transfer Racks


Sec. 65.80  Applicability.

    (a) The provisions of this subpart and of subpart A of this part 
apply to control of regulated material emissions from transfer racks 
where a referencing subpart references the use of this subpart for such 
emissions control.
    (b) If a physical or process change is made that causes a transfer 
rack to fall outside the criteria in the referencing subpart that 
required the transfer rack to control emission of regulated material, 
the owner or operator may elect to comply with the provisions for 
transfer racks not subject to control contained in the referencing 
subpart instead of the provisions of this subpart.


Sec. 65.81  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of 
this part for purposes of this subpart.


Sec. 65.82  Design requirements.

    (a) The owner or operator shall equip each transfer rack with the 
equipment specified in either paragraph (a)(1) or (a)(2) of this 
section.
    (1) A closed vent system which routes the regulated material vapors 
to a control device as provided in Sec. 65.83(a)(1) and (a)(2).
    (2) Process piping which routes the regulated material vapors to a 
process or a fuel gas system as provided in Sec. 65.83(a)(4), or to a 
vapor balance system as provided in Sec. 65.83(a)(3).
    (b) Each closed vent system shall be designed to collect the 
regulated material displaced from tank trucks or railcars during 
loading and to route the collected regulated material to a control 
device or a flare as provided in Sec. 65.83(a)(1) and (a)(2).
    (c) Process piping shall be designed to collect the regulated 
material displaced from tank trucks or railcars during loading and to 
route the collected regulated material vapors to a process or a fuel 
gas system as provided in Sec. 65.83(a)(4) or to a vapor balance system 
as provided in Sec. 65.83(a)(3).
    (d) Each closed vent system shall meet the applicable requirements 
of Sec. 65.143 of subpart G of this part.
    (e) If the collected regulated material vapors from a transfer rack 
are routed to a vapor balance system as provided in Sec. 65.83(a)(3), 
then that transfer rack is exempt from the closed vent system design 
requirements of paragraphs (b) and (d) of this section, the halogenated 
vent stream control requirements of Sec. 65.83(b), the control device 
operation requirements of Sec. 65.84(b), the monitoring requirements of 
Sec. 65.86, and the requirements of subpart G of this part.
    (f) If the collected regulated material vapors are routed to a 
process or a fuel gas system as provided in Sec. 65.83(a)(4), then each 
owner or operator shall meet the applicable requirements of 
Sec. 65.142(c) of subpart G of this part.


Sec. 65.83  Performance requirements.

    (a) The owner or operator of the transfer rack shall comply with 
paragraph (a)(1), (a)(2), (a)(3) or (a)(4) of this section.
    (1) 98 Percent or 20 parts per million by volume standard. Use a 
control device to reduce emissions of regulated material by 98 weight-
percent or to an exit concentration of 20 parts per million by volume, 
whichever is less stringent. For combustion devices, the emission 
reduction or concentration shall be calculated on a dry basis, 
corrected to 3 percent oxygen. The owner or operator shall meet the 
applicable requirements of Sec. 65.142(c) of subpart G of this part. 
Compliance may be achieved by using any combination of combustion, 
recovery, and/or recapture devices.
    (2) Flare. Reduce emissions of regulated material using a flare 
meeting the applicable requirements of Sec. 65.142(c) of subpart G of 
this part.
    (3) Vapor balancing. Reduce emissions of regulated material using a 
vapor balancing system designed and operated to collect regulated 
material vapors displaced from tank trucks or railcars during loading; 
and to route the collected regulated material vapors to the storage 
vessel from which the liquid being loaded originated, or to another 
storage vessel connected to a common header, or to compress and route 
collected regulated material vapors to a process. Transfer racks for 
which the owner or operator is using a vapor balancing system are 
exempt from the closed vent system design requirements of paragraphs 
Sec. 65.82(b) and (d), the halogenated vent stream control requirements 
of paragraph (b) of this section, the control device operation 
requirements of Sec. 65.84(b), the monitoring requirements of 
Sec. 65.86, and the requirements of subpart G of this part.
    (4) Route to a process or fuel gas system. Route emissions of 
regulated material to a process where the regulated material in the 
emissions shall predominantly meet one of, or a combination of, the 
ends specified in paragraphs (a)(4)(i) through (a)(4)(iv) of this 
section or to a fuel gas system. The owner or operator shall meet the 
applicable requirements of Sec. 65.142(c) of subpart G of this part.
    (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.
    (b) Additional control requirements for halogenated vent streams. 
Halogenated vent streams from transfer racks that are combusted shall 
be controlled according to paragraph (b)(1) or (b)(2) of this section. 
Determination of whether a vent stream is halogenated shall be made 
using the procedures specified in Sec. 65.85(c) and the halogen 
concentration in the vent stream shall be recorded and reported in the 
Initial Compliance Status Report as specified in Sec. 65.160(d) of 
subpart G of this part.
    (1) Halogen reduction device following combustion. If a combustion 
device is used to comply with paragraph (a)(1) of this section for a 
halogenated vent stream, then the vent stream exiting the combustion 
device shall be ducted to a halogen reduction device including, but not 
limited to, a scrubber before it is discharged to the atmosphere, and 
the halogen reduction device shall meet the requirements of paragraph 
(b)(1)(i) or (b)(1)(ii) of this section, as applicable. The halogenated 
vent stream shall not be combusted using a flare.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens by 99 percent or shall reduce the outlet mass 
emission rate of total hydrogen halides and halogens to 0.45 kilogram 
per hour (0.99 pound per hour) or less, whichever is less stringent. 
The owner or operator shall meet the applicable requirements of 
Sec. 65.142(c) of subpart G of this part.
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the halogen reduction device shall reduce 
overall emissions of hydrogen halides and halogens by 95 percent or 
shall reduce the outlet mass of total hydrogen halides and halogens to 
less than 0.45 kilogram per hour (0.99 pound per hour), whichever is 
less stringent. The owner or operator shall meet the applicable 
requirements of Sec. 65.142(c) of subpart G of this part.
    (2) Halogen reduction device prior to combustion. A halogen 
reduction device, such as a scrubber, or other

[[Page 57836]]

technique may be used to make the vent stream nonhalogenated by 
reducing the vent stream halogen atom mass emission rate to less than 
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion 
control device used to comply with the requirements of paragraph (a)(1) 
or (a)(2) of this section. The halogen mass emission rate prior to the 
combustor shall be determined according to the procedures in 
Sec. 65.85(c). The owner or operator shall meet the applicable 
requirements of Sec. 65.142(c) of subpart G of this part.


Sec. 65.84  Operating requirements.

    (a) Closed vent systems or process piping. An owner or operator of 
a transfer rack shall operate the equipment specified in either 
paragraph (a)(1) or (a)(2) of this section.
    (1) A closed vent system which routes the regulated material vapors 
to a control device as provided in Sec. 65.83(a)(1) and (a)(2).
    (2) Process piping which routes the regulated material vapors to a 
process or a fuel gas system as provided in Sec. 65.83(a)(4) or to a 
vapor balance system as provided in Sec. 65.83(a)(3).
    (b) Control device operation. Whenever regulated material emissions 
are vented to a control device used to comply with the provisions of 
this subpart, such control device shall be operating.
    (c) Tank trucks and railcars. The owner or operator shall load 
regulated material into only tank trucks and railcars that meet the 
requirements specified in paragraph (c)(1) or (c)(2) of this section 
and shall maintain the records specified in Sec. 65.87.
    (1) Have a current certification in accordance with the U.S. 
Department of Transportation (DOT) pressure test requirements of 49 CFR 
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 
12 months as determined by the procedures in Sec. 65.85(a). Vapor-tight 
means that the pressure in a truck or railcar tank will not drop more 
than 750 pascals (0.11 pound per square inch) within 5 minutes after it 
is pressurized to a minimum of 4,500 pascals (0.65 pound per square 
inch).
    (d) Pressure relief device. The owner or operator of a transfer 
rack subject to the provisions of this subpart shall ensure that no 
pressure relief device in the loading equipment of each tank truck or 
railcar shall begin to open to the atmosphere during loading. Pressure 
relief devices needed for safety purposes are not subject to paragraph 
(d) of this section.
    (e) Compatible system. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall load regulated material 
only to tank trucks or railcars equipped with a vapor collection system 
that is compatible with the transfer rack's closed vent system or 
process piping.
    (f) Loading while systems connected. The owner or operator of a 
transfer rack subject to this subpart shall load regulated material 
only to tank trucks or railcars whose collection systems are connected 
to the transfer rack's closed vent systems or process piping.


Sec. 65.85  Procedures.

    (a) Vapor tightness. For the purposes of demonstrating vapor 
tightness to determine compliance with Sec. 65.84(c)(2), the procedures 
and equipment specified in paragraphs (a)(1) and (a)(2) of this section 
shall be used.
    (1) The pressure test procedures specified in Method 27 of 40 CFR 
part 60, appendix A; and
    (2) A pressure measurement device that has a precision of 
2.5 millimeters of mercury (0.10 inch) or better and that 
is capable of measuring above the pressure at which the tank truck or 
railcar is to be tested for vapor tightness.
    (b) Engineering assessment. Engineering assessment to determine if 
a vent stream is halogenated or flow rate of a gas stream includes, but 
is not limited to, the examples specified in paragraphs (b)(1) through 
(b)(5) of this section.
    (1) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (2) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (3) Maximum flow rate or halogen emission rate specified or implied 
within a permit limit applicable to the process vent.
    (4) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties.
    (5) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (c) Halogenated vent stream determination. In order to determine 
whether a vent stream is halogenated, the mass emission rate of halogen 
atoms contained in organic compounds shall be calculated as specified 
in paragraphs (c)(1) and (c)(2) of this section.
    (1) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume by compound) 
shall be determined based on any of the procedures specified in 
paragraphs (c)(1)(i) through (c)(1)(iv) of this section.
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the vent stream; or
    (ii) Applicable engineering assessment as specified in paragraph 
(b); 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 40 CFR part 63, appendix A.
    (2) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TP28OC98.007

Where:

E = Mass of halogen atoms, dry basis, kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per 
million)-1 (kilogram-mole per standard cubic meter) 
(minute/hour), where standard temperature is 20 deg. C.
Vs = Flow rate of gas stream, dry standard cubic meters 
per minute, determined according to Method 2, 2A, 2C, or 2D of 40 
CFR part 60, appendix A, as appropriate, or determined using 
engineering assessment as specified in paragraph (b).
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.


Sec. 65.86  Monitoring.

    The owner or operator of a transfer rack equipped with a closed 
vent system and control device pursuant to Sec. 65.83(a)(1) or (a)(2) 
shall monitor the closed vent system and control device as required 
under the applicable paragraphs specified in Sec. 65.142(c) of subpart 
G of this part.


Sec. 65.87  Recordkeeping provisions.

    The owner or operator of a transfer rack shall record that the 
verification of U.S. Department of Transportation (DOT) tank 
certification or Method 27 of 40 CFR part 60, appendix A, testing 
required in Sec. 65.84(c) has been

[[Page 57837]]

performed. Various methods for the record of verification can be used 
such as: a check off on a log sheet; a list of DOT serial numbers or 
Method 27 data or a position description for gate security showing that 
the security guard will not allow any trucks on-site that do not have 
the appropriate documentation.


Secs. 65.88-65.99  [Reserved]

Subpart F--Equipment Leaks


Sec. 65.100  Applicability.

    (a) Equipment subject to this subpart. The provisions of this 
subpart and subpart A of this part apply to equipment that contains or 
contacts regulated material. Compliance with this subpart instead of 
the referencing subpart does not alter the applicability of the 
referencing subpart. This subpart applies to only the equipment to 
which the referencing subpart applies. This part does not extend 
applicability to equipment that are not regulated by the referencing 
subpart.
    (b) Equipment in vacuum service. Equipment in vacuum service is 
excluded from the requirements of this subpart.
    (c) 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. 65.106 through 65.115 and Sec. 65.117 if it is identified as 
required in Sec. 65.103(b)(6).
    (d) 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 nonprocess 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.


Sec. 65.101  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of 
this part for purposes of this subpart.


Sec. 65.102  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. 65.111(b) for pressure relief devices or Sec. 65.112(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. 65.106 through 65.115 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. 65.106 through 
65.115.
    (c) Requests by manufacturers of equipment.
    (1) Manufacturers of equipment used to control equipment leaks of a 
regulated material may apply to the Administrator for approval of an 
alternative means of emission limitation that achieves a reduction in 
emissions of the regulated material equivalent to the reduction 
achieved by the equipment, design, and operational requirements of this 
subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraph (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 
requirement, 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 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 judgment 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 pursuant to Sec. 65.8(a) of subpart A.


Sec. 65.103  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 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. 65.106 through 65.115 shall 
be specifically identified as required in paragraphs (b)(1) through 
(b)(6) of this section, as applicable. Paragraph (b) of this section 
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. 65.117.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provisions of

[[Page 57838]]

Sec. 65.108(e)(2) and instrumentation systems identified pursuant to 
paragraph (b)(5) 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. 65.108(a).
    (2) [Reserved]
    (3) 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. 65.107(e)(3) (pumps in light liquid service), Sec. 65.109(e)(3) 
(agitators), Sec. 65.111(d) (pressure relief devices in gas/vapor 
service), Sec. 65.112(e) (compressors), or Sec. 65.118 (alternative 
means of emission limitation for enclosed-vented process units).
    (4) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks under the provisions of Sec. 65.111(e).
    (5) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of this subpart. Individual components in an 
instrumentation system need not be identified.
    (6) Equipment in service less than 300 hours per calendar year. 
Identify either by list, location (area or group), or other method, 
equipment in regulated material service less than 300 hours per 
calendar year within a process unit 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. 65.106(e)(1), pumps 
meeting the provisions of Sec. 65.107(e)(6), connectors meeting the 
provisions of Sec. 65.108(e)(1), and agitators meeting the provisions 
of Sec. 65.109(e)(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.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 65.106(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraphs (c)(2)(i) apply. 
Agitators meeting the provisions of Sec. 65.109(e)(5) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(ii) of this 
section 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 within which the valve is located is a 
regulated source for which the owner or operator commenced 
construction, reconstruction, or modification prior to the compliance 
date of the referencing subpart; or
    (C) The owner or operator designates less than 3 percent of the 
total number of valves within the process unit as difficult-to-monitor.
    (ii) Agitators. (A) 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 paragraph (c)(1) or (c)(2) of this section, the planned schedule for 
monitoring this equipment and an explanation why the equipment is 
difficult-to-monitor, if applicable.
    (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. 65.105 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 and repair of the equipment according to 
the procedures in Sec. 65.105 if a leak is detected.
    (d) Special equipment designations: Equipment that is unsafe to 
repair--(1) Designation and criteria. Connectors subject to the 
provisions of Sec. 65.105(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 shutdown as specified in 
Sec. 63.105(e).
    (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. Identify the 
compressors that the owner or operator elects to designate as operating 
with an instrument reading of less than 500 parts per million under the 
provisions of Sec. 65.112(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. 65.104  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/vapor 
service and in light liquid service shall be monitored pursuant to 
Sec. 65.106(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 65.107(b).
    (iii) Connectors in gas/vapor service and in light liquid service 
shall be monitored pursuant to Sec. 65.108(b).
    (iv) Agitators in gas/vapor service and in light liquid service 
shall be monitored pursuant to Sec. 65.109(b).
    (v) Pressure relief devices in gas/vapor service shall be monitored 
pursuant to Sec. 65.111(b) and (c).

[[Page 57839]]

    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million as described in Sec. 65.103(e) shall be 
monitored pursuant to Sec. 65.112(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec. 65.107(b)(4) and (e)(1).
    (ii) Inaccessible, ceramic, or ceramic-lined connectors in gas/
vapor service and in light liquid service shall be observed pursuant to 
Sec. 65.108(e)(2).
    (iii) Agitators in gas/vapor service and in light liquid service 
shall be monitored pursuant to Sec. 65.109(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. 65.110(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(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 organic HAP's 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 no instrument is available at the plant site 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 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. 65.106(a)(2), (b)(3), or (b)(4) 
for valves or Sec. 65.108(b)(3) for connectors provided the departures 
from the criteria or from the specified monitoring frequency of 
Sec. 65.106(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(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 readings and 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)(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. 65.111(b) (pressure relief devices) or 
Sec. 65.112(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. 65.111(b) (pressure relief devices) or Sec. 65.112(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, 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 Sec. 65.4(a) of subpart A of this part except the information for 
connectors complying with the 8 year monitoring period allowed under 
Sec. 65.108(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.

[[Page 57840]]

Sec. 65.105  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 subpart A of this part 
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. 65.106(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. 65.108(b)(3)(iv) and no leak has been detected during that 
monitoring.
    (2) Other equipment. The identification that has been placed 
pursuant to Sec. 65.104(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. 65.108(b)(4)(i)(A) 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 shutdown. Repair of this 
equipment shall occur as soon as practical, but no later than the end 
of the next process unit 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 
Sec. 65.115.
    (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. 65.116(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. 65.107(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 65.107(e)(2) 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. 65.107(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 shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit 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 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    (e) Unsafe-to-repair: Connectors. Any connector that is designated 
as described in Sec. 65.103(d) as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 65.108(d) and paragraph (a) of 
this section if the provisions of paragraphs (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
    (2) The connector will be repaired before the end of the next 
scheduled process unit 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 kept pursuant to Sec. 65.4(a) of subpart A of this part.
    (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/malfunction 
plan required by Sec. 65.6 of subpart A of this part 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 onsite before depletion and the reason for depletion.
    (5) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.


Sec. 65.106  Standards: Valves in gas/vapor service and in light liquid 
service.

    (a) Compliance schedule. (1) The owner or operator shall comply 
with this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (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. 65.104(b)(6) of this subpart.
    (b) Leak detection. Unless otherwise specified in Secs. 65.102(b), 
65.117, 65.118, or paragraph (e) of this section, 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. 65.104 (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

[[Page 57841]]

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 two 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 two 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. 65.104 (b)(1) through 
(b)(5) or Sec. 65.104(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 2 
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 4 
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 12 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 (for example, 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 valves of each subgroup 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC98.008

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 begin or end subgrouping 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) of 
this section.
    (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 separate 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

[[Page 57842]]

shall decide no later than the implementation 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: where:

%VL=(VL/VT)  x  100  (106-2)

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 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, 
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. 65.105, 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 paragraph (d) of this section is in addition to the 
monitoring required to satisfy the definition of repair.
    (i) The monitoring shall be conducted as specified in Sec. 65.104 
(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 paragraph (d) of this 
section if the timing of the monitoring period coincides with the time 
specified in paragraph (d) of this section. Alternatively, other 
monitoring may be performed to satisfy the requirements of paragraph 
(d) of this section regardless of whether the timing of the monitoring 
period for periodic monitoring coincides with the time specified in 
paragraph (d) of this section.
    (iii) If a leak is detected by monitoring that is conducted 
pursuant to paragraph (d) of this section, 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 paragraph (d) of this section, 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 paragraph (d) of this section, 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. 65.103(c)(1) as an 
unsafe-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. 65.103(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated as 
described in Sec. 65.103(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. 65.103(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 paragraph (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. 65.107  Standards: Pumps in light liquid service.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or 
paragraphs (e)(1) through (e)(6) 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. 65.104(b), (c), and (e).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is specified in paragraphs (b)(2)(i) 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. 65.104(b), (c), and (e). If the

[[Page 57843]]

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. 65.105, except as specified in paragraph (b)(3) of 
this section; or
    (ii) The owner or operator shall eliminate the visual indications 
of liquids dripping.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the implementation 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. 65.116.
    (3) 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 within 1 month after startup 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:

%PL = ((PL-PS)/
(PT-PS) * 100     (107-1) 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 startup 
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. 65.105, 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 of the design criteria and an 
explanation of the design criteria, and any changes to these criteria 
and the reasons for the changes.
    (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 start-up, 
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 
Sec. 65.118; 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. 65.104(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. 65.105; or
    (B) 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. 65.105(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 that captures and 
transports leakage from the pump to a control device meeting the 
requirements of Sec. 65.115 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) Ninety percent exemption. If more than 90 percent of the pumps 
at a process unit meet the criteria in either paragraph (e)(1) or 
(e)(2) of this section, the process unit 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. 65.103(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. 65.105 and the owner or operator shall 
monitor the pump according to the written plan specified in 
Sec. 65.103(c)(4).


Sec. 65.108  Standards: Connectors in gas/vapor service and in light 
liquid service.

    (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 implementation date as specified in 
Sec. 65.1(f) of subpart A of this part or 12 months after initial 
startup, whichever is later. If all connectors in each process unit 
have been monitored for leaks prior to the implementation date 
specified in Sec. 65.1(f) of subpart A of this part, no initial 
monitoring is required provided either no process changes have been 
made since the monitoring or the owner

[[Page 57844]]

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. 65.102(b) or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in gas/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. 65.104(b), (c), and (e).
    (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 subpart.
    (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 paragraph (b)(3)(ii) of this section 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 paragraphs 
(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 the following 
equation:

%CL=CL/Ct*100    (108-1)

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. 65.104(b).
Ct=Total number of monitored connectors in the process unit.

    (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. 65.105, as applicable.
    (e) Special provisions for connectors.--(1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in 
Sec. 65.103(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. 65.103(c)(4).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined (for 
example, 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. 65.119 and 
65.120. An inaccessible connector is one that meets any of the 
provisions specified in paragraphs (e)(2)(i)(A) through (e)(2)(i)(F), 
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. 65.109  Standards: Agitators in gas/vapor service and in light 
liquid service.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (b) Leak detection.--(1) Monitoring method. Each agitator seal 
shall be monitored monthly to detect leaks by the methods specified in 
Sec. 65.104(b), (c), and (e) except as provided in Sec. 65.102(b).
    (2) Instrument reading that defines a leak. If an instrument 
reading 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

[[Page 57845]]

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 procedure 
specified in either paragraph (b)(3)(ii)(A) or (b)(3)(ii)(B) of this 
section.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 65.104(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. 65.105;
    (B) 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. 65.105(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 paragraph (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. 65.115; 
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 as 
specified in Sec. 65.104(b) (c), and (e), 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. 65.105; 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 that are 
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. 65.105, 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.
    (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. 65.115 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. 65.103(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. 65.103(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. 65.103(c)(1)(i) 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. 65.103(c)(4).


Sec. 65.110  Standards: Pumps, valves, connectors, and agitators in 
heavy liquid service; pressure relief devices in liquid service; and 
instrumentation systems.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (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. 65.104 (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 polymerizing monomers, 
2,000 parts per million or greater for pumps in food/medical service, 
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 it shall be repaired pursuant to 
Sec. 65.105, as applicable.
    (c) Leak Repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in 
Sec. 65.104(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

[[Page 57846]]

check using soap solution; or that the system will hold a test 
pressure.


Sec. 65.111  Standards: Pressure relief devices in gas/vapor service.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (b) Compliance standard. Except during pressure releases as 
provided for in paragraph (c) of this section, each pressure relief 
device in gas/vapor service shall be operated with an instrument 
reading of less than 500 parts per million as measured by the method 
specified in Sec. 65.104(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. 65.105(d).
    (2) The pressure relief device shall be monitored no later than 5 
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. 65.104(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 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 capable of capturing and 
transporting leakage from the pressure relief device to a control 
device meeting the requirements of either Secs. 65.115 or 65.102(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. 65.105(d).


Sec. 65.112  Standards: Compressors.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (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. 65.102(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 start-up, 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. 65.115; 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. 65.105, 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. 65.115.
    (f) Alternative compressor standard. (1) Any compressor that is 
designated as described in Sec. 65.103(e) 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. 65.104(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. 65.103(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. 65.113  Standards: Sampling connection systems.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (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. 65.102(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. 65.115; 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 of subpart 
G, if the waste management unit is

[[Page 57847]]

complying with the provisions of 40 CFR part 63, subpart G, applicable 
to Group 1 wastewater streams. For sources referenced to this part from 
40 CFR part 63, subpart H, and 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 Group 1 wastewater steams provided the facility has 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. 65.114  Standards: Open-ended valves or lines.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (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. 65.102(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. 65.115  Standards: 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 implementation date specified in 
Sec. 65.1(f) of subpart A of this part.
    (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 systems 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 residence 
time of 0.50 second at 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 part shall comply with the provisions of 
Sec. 65.142(d) of subpart G of this part, except as provided in 
Sec. 65.102(b). Note that this includes the startup, shutdown, and 
malfunction plan specified in Sec. 65.6.
    (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 Sec. 65.142(d) of subpart G of this part, except 
as provided in Sec. 65.102(b). Note that this includes the startup, 
shutdown, and malfunction plan specified in Sec. 65.6.
    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of 
Sec. 65.142(d) of subpart G of this part, except as provided in 
Sec. 65.102(b).


Sec. 65.116  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 plant 
site) or three pumps in a process unit (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/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/medical or polymerizing monomer 
service shall comply with all 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 plant 
site). Once the performance level is achieved, the owner or operator 
shall comply with the requirements in Sec. 65.107.
    (c) Resumption of QIP. If in a subsequent monitoring period, the 
process unit (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. 65.107.
    (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 plant site) 
subject to the quality improvement program. The data may be collected 
and the records may be maintained on a process unit or plant site 
basis.
    (i) Pump type (for example, piston, horizontal or vertical 
centrifugal, gear, bellows); pump manufacturer; seal type and 
manufacturer; pump design (for example, 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.

[[Page 57848]]

    (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, a description of any maintenance or quality assurance programs 
used in the process unit 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 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 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) Data analysis. (i) 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 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 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 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 
spump 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 
intracompany 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 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 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 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)(3)(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 and the lesser of 1 percent or 
five pumps for programs involving a plant site or groups of process 
units. 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. 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 may stop conducting 
performance

[[Page 57849]]

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. 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. The quality assurance 
program shall be updated each year as long as the process unit 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 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. Beginning at 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 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 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 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. 65.107 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 
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 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 the 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

[[Page 57850]]

providing professional and technical contracted services.


Sec. 65.117  Alternative means of emission limitation: Batch processes.

    (a) General requirement. As an alternative to complying with the 
requirements of Secs. 65.106 through 65.114 and 65.116, 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. 65.102(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 
startup 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:

(P/t)=(|Pf-Pi|)/
(tf-ti)  (117-1)

Where:

(P/t)=Change in pressure, pounds per square inch gauge/hr.
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 millimeters 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 (for example, 
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,

[[Page 57851]]

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. 65.104(b) to 
demonstrate compliance with this subpart.
    (1) The owner or operator shall comply with the requirements of 
Secs. 65.106 through 65.116 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. 65.104(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 startup of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 65.108.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 of this subpart. 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 (for example, 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 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 since the last 
monitoring period required in paragraphs (c)(3)(ii) and (c)(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. 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 Sec. 65.4 of subpart A of this part 
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 
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 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. 65.120(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. 65.118  Alternative means of emission limitation: Enclosed-vented 
process units.

    (a) Use of closed vent system and control device. Process units 
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. 65.115 or Sec. 65.102(b) are exempt from 
the requirements of Secs. 65.106 through 65.116. The enclosure shall be 
maintained under a negative pressure at all times while the process 
unit 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) and the regulated 
materials they handle.
    (2) A schematic of the process unit, 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. 65.119  Recordkeeping provisions.

    (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 
(for example, 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. 65.103(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 subpart F of this part through written 
documentation such as a log or other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 65.103(c)(4) for any equipment that is designated as unsafe- or 
difficult-to-monitor.

[[Page 57852]]

    (3) The owner or operator shall maintain a record of the identity 
and an explanation as specified in Sec. 65.103(d)(2) for any equipment 
that is designated as unsafe to repair.
    (4) As specified in Sec. 65.103(e), the owner or operator shall 
maintain a record of 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. 65.103(f).
    (6) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 65.104(e)(2).
    (7) The owner or operator shall keep records for leak repair as 
specified in Sec. 65.105(f) and records for delay of repair as 
specified in Sec. 65.105(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. 65.106(b)(3)(i).
    (ii) The valve subgrouping records specified in 
Sec. 65.106(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. 65.107(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 65.107(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. 65.107(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the 
records specified in Sec. 65.108(b)(3)(v) which identify a monitoring 
schedule for each process unit.
    (4) For agitators equipped with a dual mechanical seal system that 
includes barrier fluid system, the owner or operator shall keep records 
as specified in Sec. 65.109(e)(1)(vi)(B).
    (5) For pressure relief devices in gas/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. 65.111(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. 65.112(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 65.112(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. 65.116(d)(2).
    (ii) Trial evaluation program documentation as specified in 
Sec. 65.116(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement 
that superior emission performance technology is not applicable as 
specified in Sec. 65.116(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in 
Sec. 65.116(d)(7).
    (v) QIP records as specified in Sec. 65.116(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.
    (i) Pressure test records as specified in Sec. 65.117(b)(7).
    (ii) Records for equipment added to the process unit as specified 
in Sec. 65.117(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. 65.118(b).


Sec. 65.120  Reporting provisions.

    (a) Initial Compliance Status Report. Unless the information 
specified in paragraphs (a)(1) through (a)(3) has previously been 
submitted, each owner or operator shall submit an Initial Compliance 
Status Report according to the procedures in Sec. 65.5(d) of subpart A 
of this part. 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)(iii) of this section for each 
process unit subject to the requirements of this subpart.
    (i) Process unit identification.
    (ii) Number of each equipment type (for example, valves, pumps) 
excluding equipment in vacuum service.
    (iii) Method of compliance with the standard (for example, 
``monthly leak detection and repair'' or ``equipped with dual 
mechanical seals'').
    (2) The notification shall provide the information listed in 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process 
unit subject to the requirements of Sec. 65.117(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 (c)(3)(i) and (c)(3)(ii) of this section for each process 
unit subject to the requirements in Sec. 65.118.
    (i) Process unit 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 G of this part.
    (b) 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 
Sec. 65.5(e) of subpart A of this part.
    (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. 65.105(a), and for valves 
and connectors identify the number of components that are determined by 
Sec. 65.106(c)(3) to be nonrepairable.
    (i) Valves in gas/vapor service and in light liquid service 
pursuant to Sec. 65.106(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 65.107(b) and 
(c).
    (iii) Connectors in gas/vapor service and in light liquid service 
pursuant to Sec. 65.108(b) and (c).
    (iv) Agitators in gas/vapor service and in light liquid service 
pursuant to Sec. 65.109(b).
    (v) Compressors pursuant to Sec. 65.112.
    (2) Where any delay of repair is utilized pursuant to 
Sec. 65.105(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. 65.106(b)(4)(iv).
    (4) For pressure relief devices in gas/vapor service pursuant to 
Sec. 65.111(b)

[[Page 57853]]

and for compressors pursuant to Sec. 65.112(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. 65.106(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec. 65.116 of this subpart.
    (7) [Reserved]
    (8) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in Sec. 65.117(f).
    (9) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units 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.


Secs. 65.121-65.139  [Reserved].

         Table 1 to Subpart F.--Batch Processes Monitoring Frequency for Equipment Other Than Connectors
----------------------------------------------------------------------------------------------------------------
                                           Equivalent continuous process monitoring frequency time in use
 Operating time (percent 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.
----------------------------------------------------------------------------------------------------------------

Subpart G--Closed Vent Systems, Control Devices, and Routing to a 
Fuel Gas System or a Process


Sec. 65.140  Applicability.

    The provisions of this subpart and of subpart A of this part 
(including the startup, shutdown, and malfunction provisions in 
Sec. 65.6 of subpart A of this part) apply to closed vent systems, 
control devices and recovery devices where another subpart expressly 
references the use of this subpart.


Sec. 65.141  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of 
this part for purposes of this subpart.


Sec. 65.142  Standards.

    (a) Storage vessel requirements. The owner or operator expressly 
referenced to this subpart from subpart C of this part 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 subject to 
Sec. 65.42(b)(4) of subpart C of this part who route storage vessel 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec. 65.143 for closed vent systems; Sec. 65.147 for 
flares; and paragraphs (a), (b), and (c) of Sec. 65.157 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 routed 
through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.42(b)(5) of subpart C of this part who 
route storage vessel emissions through a closed vent system to a 
nonflare control device shall meet the requirements in Sec. 65.143 for 
closed vent systems and Sec. 65.145 for nonflare control devices and 
the monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to storage vessel 
emissions routed through a closed vent system to a nonflare control 
device unless specifically required in the monitoring plan submitted 
under Sec. 65.145(c).
    (3) Route to a fuel gas system or process. Owners or operators 
subject to Sec. 65.42(b)(6) of subpart C of this part who route storage 
vessel emissions to a fuel gas system or to a process shall meet the 
requirements in Sec. 65.144 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 to a process.
    (b) Process vent requirements. The owner or operator expressly 
referenced to this subpart from subpart D of this part or 40 CFR part 
60, subpart DDD, 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 subject to 
Sec. 65.63(a)(1) of subpart D of this part or 40 CFR 60.562-
1(a)(1)(i)(C) of subpart DDD who route Group 1 process vent emissions 
through a closed vent system to a flare shall meet the applicable 
requirements in Sec. 65.143 for closed vent systems; Sec. 65.147 for 
flares; and paragraphs (a), (b), and (c) of Sec. 65.157 for provisions 
regarding flare compliance determinations; and the monitoring, 
recordkeeping, and reporting requirements referenced 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 subject to Sec. 65.63(a)(2) of subpart D of this part or 40 
CFR 60.562-1(a)(1)(i)(A) or (a)(1)(i)(B) of subpart DDD who route 
process vent emissions through a closed vent system to a nonflare 
control device shall meet the applicable requirements in Sec. 65.143 
for closed vent systems; the requirements applicable to the control 
devices being used in Secs. 65.148 through 65.152 or Sec. 65.155; the 
applicable general monitoring requirements of Sec. 65.156; the 
applicable performance test requirements and procedures of Secs. 65.157 
and 65.158; and the monitoring, recordkeeping, and reporting 
requirements referenced therein. Owners or operators subject to the 
halogen reduction device requirements of Sec. 65.63(b) of subpart D 
must also comply with Sec. 65.154 and the monitoring, recordkeeping, 
and reporting requirements referenced therein. The requirements of 
Secs. 65.144 through 65.146 do not apply to process vents.
    (3) Final recovery devices. Owners or operators subject to 
Sec. 65.63(a)(3) of subpart D who use a final recovery device to 
maintain the TRE index value of a Group 2 process vent above 1.0 shall 
meet the requirements in Sec. 65.153 and the monitoring, recordkeeping, 
and reporting requirements referenced therein applicable to the 
recovery

[[Page 57854]]

device being used and the applicable monitoring requirements in 
Sec. 65.156 and the recordkeeping and reporting requirements referenced 
therein, except for Sec. 65.156(c)(2)(ii). No other provisions of this 
subpart apply to Group 2A process vents.
    (c) Transfer rack requirements. The owner or operator expressly 
referenced to this subpart from subpart E of this part 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 subject to 
Sec. 65.83(a)(2) of subpart E of this part who route transfer rack 
emissions through a closed vent system to a flare shall meet the 
applicable requirements in Sec. 65.143 for closed vent systems; 
Sec. 65.147 for flares; and paragraphs (a), (b), and (c) of Sec. 65.157 
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 routed through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device for low-
throughput transfer racks. Owners or operators of low-throughput 
transfer racks subject to Sec. 65.83(a)(1) of subpart E of this part 
who route low-throughput transfer rack emissions through a closed vent 
system to a nonflare control device shall meet the applicable 
requirements in Sec. 65.143 for closed vent systems and Sec. 65.145 for 
nonflare control devices and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to low-throughput transfer rack emissions routed through 
a closed vent system to a nonflare control device unless specifically 
required in the monitoring plan submitted under Sec. 65.145(c).
    (3) Closed vent system and nonflare control devices for high-
throughput transfer racks. Owners or operators of high-throughput 
transfer racks subject to Sec. 65.83(a)(1) of subpart E of this part 
who route high-throughput transfer rack emissions through a closed vent 
system to a nonflare control device shall meet the applicable 
requirements in Sec. 65.143 for closed vent systems, the requirements 
applicable to the control device being used in Secs. 65.148 through 
65.152 or Sec. 65.155; the applicable general monitoring of 
Sec. 65.156; and the applicable performance test requirements and 
procedures of Secs. 65.157 and 65.158; and the monitoring, 
recordkeeping, and reporting requirements referenced therein. Owners or 
operators subject to 65.83(b) of subpart E must also comply with 
Sec. 65.154 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. The requirements of Secs. 65.144 
through 65.146 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 transfer rack emissions 
routed through a closed vent system to a nonflare control device.
    (4) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.83(a)(4) of subpart E of this part who route 
transfer rack emissions to a fuel gas system or to a process shall meet 
the applicable requirements in Sec. 65.144 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 to a process.
    (d) Equipment leak requirements. The owner or operator expressly 
referenced to this subpart from subpart F of this part 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 subject to 
Sec. 65.115(b) of subpart F of this part who route equipment leak 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec. 65.143 for closed vent systems; Sec. 65.147 for 
flares; and paragraphs (a), (b) and (c) of Sec. 65.157 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 routed 
through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.115(b) of subpart F of this part who route 
equipment leak emissions through a closed vent system to a nonflare 
control device shall meet the requirements in Sec. 65.143 for closed 
vent systems and Sec. 65.146 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 routed through a closed vent 
system to a nonflare control device.
    (3) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.115(b) of subpart F of this part who route equipment 
leak emissions to a fuel gas system or to a process shall meet the 
requirements in Sec. 65.144 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 to a process.
    (e) Combined emissions. When emissions of different kinds (for 
example, emissions from process vents, transfer racks, and/or storage 
vessels) are combined, the owner or operator shall comply with the 
requirements of either paragraph (e)(1) or paragraph (e)(2) of this 
section.
    (1) Comply with the applicable requirements of this subpart for 
each kind of emissions in the stream (for example, the requirements of 
Sec. 65.142(b) for process vents, and the requirements of 
Sec. 65.142(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 requirements in paragraphs 
(e)(2)(i) through (e)(2)(iii) of this section applicable to other types 
of emissions in the combined stream.
    (i) The requirements of Sec. 65.142(b) for Group 1 process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 65.142(c) for high-throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec. 65.142(a) for control of emissions 
from storage vessels or low-throughput transfer racks, including 
monitoring, recordkeeping, and reporting.


Sec. 65.143  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. The 
provisions of paragraph (a) of this section apply to closed vent 
systems collecting regulated material from a storage vessel, process 
vent, transfer rack, or equipment leaks.
    (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 them.
    (3) Bypass monitoring. Except for pressure relief devices needed 
for safety purposes, low leg drains, high point bleeds, analyzer vents, 
and open-ended valves or lines, the owner or operator

[[Page 57855]]

shall comply with the provisions of either paragraph (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. 65.163(a)(1)(i). The flow indicator 
shall be installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the closed position with a 
car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line. Records shall be 
generated as specified in Sec. 65.163(a)(1)(ii).
    (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) Pressure relief devices in a transfer rack. 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 
paragraph (a)(5) of this section.
    (b) Closed vent system inspection requirements. The provisions of 
paragraph (b) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack or equipment 
leaks. Inspection records shall be generated as specified in 
Sec. 65.163(a)(3) and (a)(4).
    (1) Except for closed vent systems operated and maintained under 
negative pressure and 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. 65.163(a)(2) 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. 65.163(a)(2), 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 
paragraph (c) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks.
    (1) Each closed vent system subject to paragraph (c) of this 
section 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 paragraph (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 not each individual 
volatile organic compounds (VOC) in the stream. For process streams 
that contain nitrogen, air, or other inerts that are not organic 
hazardous air pollutants (HAP's) 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 specified in paragraph (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 paragraph (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 
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.

[[Page 57856]]

    (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 
paragraph (d) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leak.
    (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 indications of 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 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. 65.163(a)(3) 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)(3) 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 repair within 15 days after a leak is 
detected is technically infeasible without a closed vent system 
shutdown, as defined in Sec. 65.2 of subpart A of this part, 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. 65.144  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 Sec. 65.3(b)(1) of subpart A, 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 paragraph (a)(2) 
of this section.
    (3) Each process piping 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.
    (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) For storage vessels and transfer racks and if emissions are 
routed to a process, the regulated material in the emissions shall 
predominantly meet one of or a combination 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 paragraph (b)(2) of this 
section 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. 65.165(a)(1).
    (c) Statement of connection. For storage vessels and transfer 
racks, the owner or operator shall submit the reports specified in 
Sec. 65.165(a)(2) and/or (a)(3), as appropriate.


Sec. 65.145  Nonflare control devices used to control emissions from 
storage vessels or 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 paragraph (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 as required in 
the referencing subpart was previously conducted and submitted for the 
storage vessel or low-throughput transfer rack, the owner or operator 
shall either prepare and submit with the Initial Compliance Status 
Report, as specified in Sec. 65.165(b), 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. 65.165(b).
    (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

[[Page 57857]]

seconds and a minimum temperature of 760  deg.C is used to meet the 
emission reduction requirement specified in Sec. 65.42(b)(5) or (c)(2) 
of subpart C of this part for storage vessels or Sec. 65.83(a)(1) of 
subpart E of this part for 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 pollutant 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 Sec. 65.42(b)(5) of subpart C of this part 
for storage vessels and Sec. 65.83(a)(1) of subpart E of this part for 
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 demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 65.42(b)(5) of subpart C of this part for storage 
vessels or Sec. 65.83(a)(1) of subpart E of this part for transfer 
racks; and
    (B) The performance test meets the applicable performance test 
requirements of Secs. 65.157 and 65.158, and the results are submitted 
as part of the Initial Compliance Status Report as specified in 
Sec. 65.165(b).
    (iii) If the control device used to comply with Sec. 65.42(b)(5) of 
subpart C of this part for storage vessels or with Sec. 65.83(a)(1) of 
subpart E of this part for low-throughput transfer racks, as 
applicable, is also used to comply with Sec. 65.63(a)(2) of subpart D 
of this part for process vents or Sec. 65.83(a)(1) of subpart E of this 
part for transfer racks (for non low-throughput transfer racks), a 
performance test required by Sec. 65.148(b), Sec. 65.149(b), 
Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), or Sec. 65.155(b) is 
acceptable to demonstrate compliance with Sec. 65.42(b)(5) of subpart C 
of this part for storage vessels or Sec. 65.83(a)(1) of subpart E of 
this part for low-throughput transfer racks, as applicable. 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 which 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 control efficiency 
specified in Sec. 65.42(b)(5) of subpart C of this part for storage 
vessels or Sec. 65.83(a)(1) of subpart E of this part for transfer 
racks; and
    (B) The performance test is submitted as part of the Initial 
Compliance Status Report as specified in Sec. 65.165(b).
    (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) The incinerator 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) Unless 
previously established under an applicable standard prior to the 
implementation date of this part as specified in Sec. 65.1(f) of 
subpart A of this part, the owner or operator shall submit with the 
Initial Compliance Status Report a monitoring plan containing the 
information specified in Sec. 65.165(b) 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 or in the operating permit. 
Records shall be generated as specified in Sec. 65.163(b)(1).


Sec. 65.146  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 in 
Sec. 65.115(b) of subpart F of this part 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 Sec. 65.115(b) of 
subpart F of this part 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. 65.163(d).


Sec. 65.147  Flares.

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

[[Page 57858]]

    (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 sec) 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 sec), where the maximum permitted velocity, Vmax, is 
determined by the following equation:

Log10 (Vmax)=(HT+28.8)/31.7    (147-1)

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.

Vmax=8.706+0.7084 (HT)    (147-2)

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 this section.

    (b) Flare compliance determination. (1) Unless an initial flare 
compliance determination of the flare was previously conducted and 
submitted under the referencing subpart, 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. 65.159(a) and 
(b) and a flare compliance determination report shall be submitted as 
specified in Sec. 65.164. An owner or operator is not required to 
conduct a performance test to determine percent emission reduction or 
outlet regulated material or TOC 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. 65.167(a). 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. 65.164(b)(2). 
If an owner or operator elects to use a flare to replace an existing 
final recovery device that is used on a Group 2A process vent, the 
owner or operator shall comply with the applicable provisions of 
Secs. 65.63(e) and 65.67(b) of subpart D of this part and submit the 
notification specified in Sec. 65.167(a).
    (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 paragraph (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] TP28OC98.009

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 1 mole is 20  deg.C;
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 heats 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 flow rate (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, ultraviolet 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. 65.159 (c) and (d).

[[Page 57859]]

Sec. 65.148  Incinerators.

    (a) Incinerator equipment and operating requirements. (1) Owners or 
operators using incinerators to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirement as specified in Sec. 65.63(a)(2) of subpart D of this part 
or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents, or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Incinerators used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Incinerator performance test requirements. (1) Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart and except as specified in Sec. 65.157(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 this subpart according to the procedures in Secs. 65.157 
and 65.158. Performance test records shall be kept as specified in 
Sec. 65.160(a) and (b) and a performance test report shall be submitted 
as specified in Sec. 65.164. As provided in Sec. 65.145(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. 65.146(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. 65.167(a) before implementing the change. Upon 
implementing the change, an incinerator performance test shall be 
performed, using the methods specified in Sec. 65.157 and 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. 65.164(b)(2). If an 
owner or operator elects to use an incinerator to replace an existing 
recovery device that is used on a Group 2A process vent, the owner or 
operator shall comply with the applicable provisions of Secs. 65.63(e) 
and 65.67(b) of subpart D of this part and submit the notification 
specified in Sec. 65.167(a).
    (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. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (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 indicates proper operation of the incinerator. In order 
to establish the range, the information required in Sec. 65.165(c) 
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. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 65.149  Boilers and process heaters.

    (a) Boiler and process heater equipment and operating requirements. 
(1) Owners or operators using boilers and process heaters to meet the 
98 weight-percent emission reduction or 20 parts per million by volume 
outlet concentration requirement as specified in Sec. 65.63(a)(2) of 
subpart D of this part or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD 
for process vents, or Sec. 65.83(a)(1) of subpart E of this part for 
transfer racks, as applicable, 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 this subpart shall be operated at all times when emissions are 
vented to them.
    (b) Boiler and process heater performance test requirements. (1) 
Unless an initial performance test was previously conducted and 
submitted under the referencing subpart, and except as specified in 
Sec. 65.157(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 this subpart 
according to the procedures in Secs. 65.157 and 65.158. Performance 
test records shall be kept as specified in Sec. 65.160(a) and (b) and a 
performance test report shall be submitted as specified in Sec. 65.164. 
As provided in Sec. 65.145(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. 65.146(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 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. 65.167(a) before 
implementing the change. Upon implementing the change, a boiler or 
process heater performance test shall be performed using the methods 
specified in Secs. 65.157 and 65.158 within 180 days if required by 
paragraph (b)(1) of this section. The performance test report shall be 
submitted to the Administrator

[[Page 57860]]

within 60 days of completing the determination as provided in 
Sec. 65.164(b)(2). If an owner or operator elects to use a boiler or 
process heater to replace an existing recovery device that is used on a 
Group 2A process vent, the owner or operator shall comply with the 
applicable provisions of Sec. 65.63(e) and Sec. 65.67(b) of subpart D 
of this part and submit the notification specified in Sec. 65.167(a).
    (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. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (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. 65.165(c) 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. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.150  Absorbers used as control devices.

    (a) Absorber equipment and operating requirements. (1) Owners or 
operators using absorbers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2) of subpart D of this part 
or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents, or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Absorbers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Absorber performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(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 
this subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160 (a) 
and (b) and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(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. 65.146(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. 65.167(a) before implementing the change. Upon 
implementing the change, the provisions specified in paragraph 
(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 provisions of Secs. 65.63(e) and 65.67(b) of subpart D of 
this part.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 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 Secs. 65.157 
and 65.158 within 180 days. The performance test report shall be 
submitted to the Administrator within 60 days of completing the test as 
provided in Sec. 65.164(b)(2).
    (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. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (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. 65.165(c) 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. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.151  Condensers used as control devices.

    (a) Condenser equipment and operating requirements. (1) Owners or 
operators using condensers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2) of subpart D of this part 
or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents, or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Condensers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Condenser performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(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 
this subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160 (a) 
and (b) and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(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. 65.146(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 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. 65.167(a) before implementing the change. Upon 
implementing the change, the provisions specified in paragraph 
(b)(2)(i) or (b)(2)(ii) of this section, as applicable, shall be 
followed.

[[Page 57861]]

    (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 provisions of Secs. 65.63(e) and 65.67(b) of subpart D of 
this part.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 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 Secs. 65.157 
and 65.158 within 180 days. The performance test report shall be 
submitted to the Administrator within 60 days of completing the test as 
provided in Sec. 65.164(b)(2).
    (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. 65.161. General requirements for monitoring and continuous 
parameter monitoring systems are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the condenser. In order 
to establish the range, the information required in Sec. 65.165(c) 
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. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 65.152  Carbon adsorbers used as control devices.

    (a) Carbon adsorber equipment and operating requirements. (1) 
Owners or operators using carbon adsorbers to meet the 98 weight-
percent emission reduction or 20 parts per million by volume outlet 
concentration requirements as specified in Sec. 65.63(a)(2) of subpart 
D of this part or 40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for 
process vents, or Sec. 65.83(a)(1) of subpart E of this part for 
transfer racks, as applicable, shall meet the requirements of this 
section.
    (2) Carbon adsorbers used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Carbon adsorber performance test requirements. (1) Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart and except as specified in Sec. 65.157(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 this subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160 (a) 
and (b) and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(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. 65.146(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. 65.167(a) before 
implementing the change. Upon implementing the change, the provisions 
specified in paragraph (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 provisions of Secs. 65.63(e) and 65.67(b) of 
subpart D of this part.
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 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 Secs. 65.157 and 65.158 within 180 days. The performance test report 
shall be submitted to the Administrator within 60 days of completing 
the test as provided in Sec. 65.164(b)(2).
    (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. 65.161. General requirements for monitoring and 
continuous parameter monitoring systems are contained in Sec. 65.156.
    (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. 65.165(c) 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. 65.157(b)(1) or upon existing ranges or limits 
established under a referencing subpart.


Sec. 65.153  Absorbers, condensers, carbon adsorbers and other recovery 
devices used as final recovery devices.

    (a) Final recovery device equipment and operating requirements. (1) 
Owners or operators using a recovery device to meet the requirement to 
operate and maintain a TRE above 1.0 as specified in Sec. 65.63(a)(3) 
of subpart D of this part for process vents shall meet the requirements 
of this section.
    (2) Recovery devices used to comply with the provisions of 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. Records of TRE 
index value determination shall be generated as specified in 
Sec. 65.160(c).
    (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 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. 65.167(a) before implementing the change. Upon 
implementing the change, the owner or operator shall comply with the 
applicable provisions of Secs. 65.63(e) and 65.67(b) of subpart D of 
this part.
    (c) Recovery device monitoring requirements. (1) Where an absorber 
is

[[Page 57862]]

the final recovery device in the recovery system and the TRE index 
value is between 1.0 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. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between 1.0 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. Monitoring results shall 
be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between 1.0 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. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (4) Unless previously approved by the Administrator under an 
applicable standard prior to the implementation date of this part, as 
specified in Sec. 65.1(f) of subpart A of this part, 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. 65.162(e). 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. 65.165(c) 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. 65.157(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. 65.154  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 halogen 
scrubbers and other halogen reduction devices subject to this subpart 
shall reduce the overall emissions of hydrogen halides and halogens by 
99 percent or reduce the outlet mass of total hydrogen halides and 
halogens to less than 0.45 kilograms per hour (0.99 pound per hour) as 
specified in Sec. 65.63(b) of subpart D of this part for process vents 
or Sec. 65.83(b) of subpart E of this part for transfer racks, as 
applicable, and shall meet the requirements of this section.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of 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) Unless an initial performance test was 
previously conducted and submitted under the referencing subpart, 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 Sec. 65.63(b)(1) of subpart D of this part for 
process vents or Sec. 65.83(b)(1) of subpart E of this part for 
transfer racks 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 Secs. 65.157 and 
65.158. Performance test records shall be kept as specified in 
Sec. 65.160(a) and (b) and a performance test report shall be submitted 
as specified in Sec. 65.164.
    (2) Unless the halogen atom mass emission rate was previously 
determined under the referencing subpart, an owner or operator of a 
halogen scrubber or other halogen reduction technique to reduce the 
vent stream halogen atom mass emission rate to less than 0.45 kilogram 
per hour (0.99 pound per hour) prior to a combustion device used to 
comply with Sec. 65.63(b)(2) of subpart D of this part for process 
vents or Sec. 65.83(b)(2) of subpart E of this part for transfer racks 
shall determine the halogen atom mass emission rate prior to the 
combustor according to the procedures in Sec. 65.64(g) of subpart D of 
this part or Sec. 65.83(b)(3) of subpart E of this part. Records of the 
halogen concentration in the vent stream shall be generated as 
specified in Sec. 65.160(d).
    (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. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (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)(C) 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) 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 chemical 
manufacturing process unit of which it is part as specified in 40 CFR 
63.100(k) of subpart F (if the referencing subpart is 40 CFR part 63, 
subpart F) or prior to the implementation date as specified in 
Sec. 65.1(f) of subpart A of this part (for all other referencing 
subparts), 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.
    (C) 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

[[Page 57863]]

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 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 Sec. 65.5 of 
subpart A of this part.
    (2) Where a halogen reduction device other than a scrubber is used, 
the procedures in Sec. 65.162(e) 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. 65.165(c) 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. 65.157(b)(1) or upon existing ranges or 
limits established under a referencing subpart.


Sec. 65.155  Other control devices.

    (a) Other control device equipment and operating requirements. (1) 
Owners or operators using a control device other than one listed in 
Secs. 65.147 through 65.152 to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements specified in Sec. 65.63(a)(2) of subpart D of this part or 
40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD for process vents or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks, as 
applicable, shall meet the requirements of this section.
    (2) Other control devices used to comply with the provisions of 
this subpart shall be operated at all times when emissions are vented 
to them.
    (b) Other control device performance test requirements. Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart, an owner or operator of a control device other 
than those specified in Secs. 65.147 through 65.152, to comply with 
Sec. 65.63(a)(2) of subpart D of this part for process vents or 
Sec. 65.83(a)(1) of subpart E of this part for transfer racks shall 
perform an initial performance test according to the procedures in 
Secs. 65.157 and 65.158. Performance test records shall be kept as 
specified in Sec. 65.160(a) and (b) and a performance test report shall 
be submitted as specified in Sec. 65.164.
    (c) Other control device monitoring requirements. (1) Unless 
previously submitted and approved under the referencing subpart, 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, reporting, and recordkeeping procedures as required under 
Sec. 65.162(e). 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. 65.165(c) 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. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.156  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. 65.147(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 Sec. 65.7(b), (c), 
and (d) of subpart A of this part.
    (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 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) Except for Group 2A process vents, if the startup, shutdown, 
and malfunction plan is followed during a CPMS startup, shutdown, or 
malfunction and the CPMS is repaired immediately, this action shall be 
reported in the semiannual startup, shutdown, and malfunction report 
required under Sec. 65.6(b)(1) of subpart A of this part.
    (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 shall be installed such that representative 
measurements of

[[Page 57864]]

parameters from the regulated source are obtained.
    (5) In accordance with Sec. 65.3(a)(3) of subpart A of this part, 
except for system breakdowns, repairs, maintenance periods, instrument 
adjustments or checks to maintain precision and accuracy, calibration 
checks, and zero and span adjustments, all CPMS shall be in continuous 
operation when emissions are being routed to the monitored device.
    (d) Except for Group 2A process vents, the parameter monitoring 
data shall be used to determine compliance with the required operating 
conditions for the monitored control devices. For each excursion, 
except for excused excursions, the owner or operator shall be deemed to 
have failed to have applied the control in a manner that achieves the 
required operating conditions.
    (1) An excursion means any of the three cases listed in paragraphs 
(d)(1)(i) through (d)(1)(iii) of this section. For a control device 
where multiple parameters are monitored, if one or more of the 
parameters meets the excursion criteria in paragraph (d)(1)(i), 
(d)(1)(ii), or (d)(1)(iii), this is considered a single excursion for 
the control device.
    (i) When the daily average value of one or more monitored 
parameters is outside the permitted range.
    (ii) When the period of control or recovery device operation is 4 
hours or greater in an operating day and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.
    (iii) When the period of control or recovery device operation is 
less than 4 hours in an operating day and more than 1 hour during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (d)(1)(ii) and (d)(1)(iii) of this section, 
if measured values are unavailable for any of the 15-minute periods 
within the hour. For data compression systems approved under 
Sec. 65.162(d)(4), monitoring data are insufficient to calculate a 
valid hour of data if there are less than four data values recorded 
during the hour.
    (2) One excused excursion for each control device or recovery 
device for each semiannual period is allowed.
    (3) The excursions described in paragraphs (d)(3)(i) through 
(d)(3)(iii) of this section are not violations, and do not count as 
excused excursions.
    (i) Excursions which occur during periods of startup, shutdown, and 
malfunction, when the source is being operated during such periods in 
accordance with its startup, shutdown, and malfunction plan as required 
by Sec. 65.6 of subpart A.
    (ii) Excursions which occur due to failure to collect a valid hour 
of data during periods of startup, shutdown, and malfunction, when the 
source is being operated during such periods in accordance with its 
startup, shutdown, and malfunction plan as required by Sec. 65.6 of 
subpart A.
    (iii) Excursions which occur during periods of nonoperation of the 
regulated source or portion thereof, resulting in cessation of the 
emissions to which monitoring applies.
    (4) Nothing in paragraph (d) of this section shall be construed to 
allow or excuse a monitoring parameter excursion caused by any activity 
that violates other applicable provisions of this part.
    (5) Paragraph (d) of this section, except paragraph (d)(3) of this 
section, shall apply only to emission points and control devices for 
which continuous monitoring is required by this subpart.
    (e) Alternative monitoring parameter. 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 
Sec. 65.162(e).


Sec. 65.157  Performance test and flare compliance determination 
requirements.

    (a) Performance tests and flare compliance determinations. Where 
Secs. 65.145 through 65.155 require or the owner or operator elects to 
conduct a performance test of a nonflare 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. 65.158 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. 65.164(b)(3) 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 under 40 CFR part 63 or a waiver of compliance under 40 CFR 
part 61, or the owner or operator has requested an extension of 
compliance under 40 CFR part 63 or a waiver of compliance under 40 CFR 
part 61, 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 
another subpart of this part, the owner or operator shall perform such 
tests 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 40 CFR part 63 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 a waiver of compliance under 40 CFR 61.11 of 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

[[Page 57865]]

established pursuant to section 112(d) of the Act but before the 
proposal date of the relevant standard established pursuant to section 
112(f) [see 40 CFR 63.6(b)(4) of subpart A]; or
    (vii) When an emission standard promulgated under part 63 is more 
stringent than the standard that was proposed [see 40 CFR 63.6(b)(3) of 
subpart A], 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 the 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 the 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 
paragraphs (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.


Sec. 65.158  Performance test procedures for control devices.

    (a) General procedures. Where Secs. 65.145 through 65.155 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 (a)(1) through (a)(3) of 
this section, as applicable.
    (1) 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.
    (2) 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 
allows revisions to the test methods as specified in one or more of the 
paragraphs (a)(2)(i) through (a)(2)(v) of this section.
    (i) The Administrator specifies or approves, in specific cases, the 
use of a test method with minor changes in methodology; or
    (ii) The Administrator 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 alternative method or data shall be validated using the 
applicable procedures of Method 301 of appendix A of 40 CFR part 63; or
    (iii) The Administrator approves shorter sampling times and smaller 
sample volumes when necessitated by process variables or other factors; 
or
    (iv) The Administrator waives the requirement for the performance 
test as provided in Sec. 65.157(b)(2) 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
    (v) The Administrator approves the use of an equivalent method.
    (3) Each performance test shall consist of three separate runs 
using the applicable test method. Except as provided in paragraphs 
(a)(3)(i) and (a)(3)(ii) of this section, 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 mean 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.
    (i) For control devices that are used to control emissions from 
transfer racks (except low-throughput transfer racks), and that are 
capable of continuous vapor processing but do not handle continuous 
emissions or emissions from transfer racks that load simultaneously 
from multiple loading arms 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.
    (ii) 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.
    (b) Test methods. Where Secs. 65.145 through 65.155 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 (b)(1) 
through (b)(4) of this section, as applicable. The regulated material 
concentration and percent reduction may be measured as either total 
regulated material or as TOC minus methane and ethane according to the 
procedures specified.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.

[[Page 57866]]

    (i) For determination of compliance with a percent reduction 
requirement of total regulated material or TOC, sampling sites shall be 
located at the inlet of the control device as specified in paragraphs 
(b)(1)(i)(A) and (b)(1)(i)(B) of this section and at the outlet of the 
control device.
    (A) For process vents, the control device inlet sampling site shall 
be located after the final product recovery device.
    (B) 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 (150 million British thermal units per hour), 
selection of the location of the inlet sampling sites shall ensure the 
measurement of total 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.
    (ii) For determination of compliance with the 20 parts per million 
by volume total regulated material or TOC limit in Sec. 65.63(a)(2) of 
subpart D of this part, Sec. 65.83(a)(1) of subpart E of this part, and 
40 CFR 60.562-1(a)(1)(i)(A) of subpart DDD, the sampling site shall be 
located at the outlet of the control device.
    (2) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total 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 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 may be 
used for transfer racks as detailed in paragraph (b)(3)(iv) of this 
section. The procedures specified in paragraphs (b)(3)(i) through 
(b)(3)(iv) of this section shall be used to calculate parts per million 
by volume concentration, corrected to 3 percent oxygen.
    (i) Except as provided in paragraphs (a)(3)(i) and (a)(3)(ii) of 
this section, 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.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total regulated material shall be calculated according to paragraph 
(b)(3)(ii)(A) or (b)(3)(ii)(B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using equation 158-1.
[GRAPHIC] [TIFF OMITTED] TP28OC98.010

Where:

CREG, or
CTOC = Concentration of total regulated material or 
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.

    (B) The total regulated material (CREG) shall be 
computed according to equation 158-1 except that only the regulated 
species shall be summed. Where the regulated material is organic HAP's, 
the list of organic HAP's provided in table 2 of 40 CFR part 63, 
subpart F, shall be used.
    (iii) The concentration of TOC or total regulated material, as 
applicable, shall be corrected to 3 percent oxygen if a combustion 
device is the control device.
    (A) 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 regulated material or 
organic compound samples, and the samples shall be taken during the 
same time that the regulated material or organic compound samples are 
taken.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using equation 158-2.
[GRAPHIC] [TIFF OMITTED] TP28OC98.011

Where:

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

    (iv) Method 25A of 40 CFR part 60, appendix A may be used for the 
purpose of determining compliance with the 20 parts per million by 
volume limit specified in Sec. 65.83(a)(1) of subpart E of this part 
for transfer racks. If Method 25A of 40 CFR part 60, appendix A is 
used, the procedures specified in paragraphs (b)(3)(iv)(A) through 
(b)(3)(iv)(D) of this section shall be used to calculate the 
concentration of organic compounds (CTOC).
    (A) The principal organic HAP in the vent stream shall be used as 
the calibration gas.
    (B) 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.
    (C) 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.
    (D) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (b)(3)(iii) of this 
section.
    (4) 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 
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 (b)(4)(v) of 
this section. Procedures specified in paragraphs (b)(4)(i) through 
(b)(4)(v) of this section shall be used to calculate percent reduction 
efficiency.
    (i) 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.
    (ii) The mass rate of either TOC (minus methane and ethane) or 
total regulated material (Ei, Eo) shall be 
computed as applicable.
    (A) Equations 158-3 and 158-4 shall be used.
    [GRAPHIC] [TIFF OMITTED] TP28OC98.012
    

[[Page 57867]]

[GRAPHIC] [TIFF OMITTED] TP28OC98.013


Where:

Ei, Eo = Emission rate of TOC (minus methane and 
ethane) (ETOC) or emission rate of total organic HAP 
(EHAP) 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  deg.C.
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 Coj 
include all organic compounds measured minus methane and ethane; if the 
total organic HAP emissions rate is being calculated, only organic HAP 
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.

    (B) 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 equations 158-3 and 158-4.
    (C) Where the mass rate of total regulated material is being 
calculated, only the species comprising the regulated material shall be 
summed using equations 158-3 and 158-4. Where the regulated material is 
organic HAP's, the list of organic HAP's provided in table 2 of 40 CFR 
part 63, subpart F, shall be used.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total regulated material shall be calculated using equation 158-5.
[GRAPHIC] [TIFF OMITTED] TP28OC98.014

Where:

R = Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total 
regulated material at the inlet to the control device as calculated 
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or 
kilograms regulated material per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total 
regulated material at the outlet of the control device, as calculated 
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or 
kilograms total regulated material per hour.

    (iv) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts (150 million British thermal 
units) is introduced with the combustion air or as a secondary fuel, 
the weight-percent reduction of total regulated material or TOC (minus 
methane and ethane) across the device shall be determined by comparing 
the TOC (minus methane and ethane) or total regulated material in all 
combusted vent streams and primary and secondary fuels with the TOC 
(minus methane and ethane) or total regulated material exiting the 
combustion device, respectively.
    (v) 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.
    (A) If Method 25A of 40 CFR part 60, appendix A, is used to measure 
the concentration of organic compounds (CTOC), the principal 
regulated material in the vent stream shall be used as the calibration 
gas.
    (B) 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.
    (C) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (D) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using equation 158-6.

Mj=F k Vs Ct    (158-6)

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 regulated material.
=659 kilograms per standard cubic meter 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  deg.C and 760 millimeters of mercury (30 inches of 
mercury), standard cubic meters.
Ct=Total concentration of organic compounds (as measured) at 
the exhaust vent, parts per million by volume, dry basis.

    (E) The organic compound mass emission rates at the inlet and 
outlet of the control device shall be calculated as follows: where:
[GRAPHIC] [TIFF OMITTED] TP28OC98.015

[GRAPHIC] [TIFF OMITTED] TP28OC98.016

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.

    (c) Halogen test method. An owner or operator using a halogen 
scrubber or other halogen reduction device to control halogenated vent 
streams in compliance with Sec. 65.63(b)(1) of subpart D of this part 
for process vents or Sec. 65.83(b)(1) of subpart E of this part for 
transfer racks, who is required to conduct a performance test to 
determine compliance with the control efficiency or emission limits for 
hydrogen halides and halogens, as specified in Sec. 65.154(b)(1) shall 
follow the procedures specified in paragraphs (c)(1) through (c)(4) of 
this section.
    (1) 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 the less than 0.45 kilogram per 
hour (0.99 pounds per hour) outlet emission limit for total hydrogen 
halides and halogens,

[[Page 57868]]

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.
    (2) Except as provided in paragraph (a)(2) 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.
    (3) 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.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour (0.99 pound 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 0.45 kilogram per hour (0.99 pound per hour).


Sec. 65.159  Flare compliance determination and monitoring records.

    (a) Conditions of flare compliance determination 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. 65.147(b).
    (b) Flare compliance determination records. When using a flare to 
comply with this subpart, record the information specified in 
paragraphs (b)(1) through (b)(3) of this section for each flare 
compliance determination performed pursuant to Sec. 65.147(b). As 
specified in Sec. 65.164(a)(1), the owner or operator shall include 
this information in the flare compliance determination report.
    (1) Flare design (i.e., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the flare compliance determination; and
    (3) 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.
    (c) Monitoring records. Each owner or operator shall keep up to 
date and readily accessible hourly records of whether the flare flame 
or pilot flame monitors are 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 
vent stream is being vented.
    (d) Compliance records. (1) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame and all the pilot flames are absent. This record shall be 
submitted in the periodic reports as specified in Sec. 65.166(c).
    (2) Each owner or operator shall keep records of the times and 
durations of all periods during which the flare flame or pilot flame 
monitors are not operating.


Sec. 65.160  Performance test and TRE index value determination 
records.

    (a) Availability 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 Sec. 65.148(b), Sec. 65.149(b), 
Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or 
Sec. 65.155(b).
    (b) Nonflare control device and halogen reduction device 
performance test records. Each owner or operator subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
records of the data specified in paragraphs (b)(1) through (b)(3) of 
this section, as applicable, measured during each performance test 
performed pursuant to Sec. 65.148(b), Sec. 65.149(b), Sec. 65.150(b), 
Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or Sec. 65.155(b), and 
also include that data in the Initial Compliance Status Report as 
specified in Sec. 65.164(a). The same data specified in paragraphs 
(b)(1) through (b)(3) of this section, as applicable, shall be 
submitted in the reports of all subsequently required performance tests 
where either the emission control efficiency of a nonflare control 
device or the outlet concentration of TOC or regulated material is 
determined.
    (1) Nonflare combustion device. Where an owner or operator subject 
to the provisions of paragraph (b) of this section 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 paragraphs (b)(1)(i) through (b)(1)(vi) of 
this section shall be recorded.
    (i) For thermal incinerators, record the fire box temperature 
averaged over the full period of the performance test.
    (ii) 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.
    (iii) For an incinerator, record the percent reduction of regulated 
material or TOC achieved by the incinerator determined as specified in 
Sec. 65.158(b)(4), as applicable, or the concentration of regulated 
material or TOC (parts per million by volume, by compound) determined 
as specified in Sec. 65.158(b)(3) at the outlet of the incinerator.
    (iv) 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.
    (v) For boilers or process heaters with a design heat input 
capacity less than 44 megawatts (150 British thermal units per hour) 
and where the vent stream is not introduced with or as the primary 
fuel, record the fire box temperature averaged over the full period of 
the performance test.
    (vi) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts (150 British thermal units per hour) 
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 regulated material or TOC, or the 
concentration of regulated material or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 65.158(b)(3) at 
the outlet of the combustion device.
    (2) 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 (b)(2)(i) through 
(b)(2)(v) shall be recorded, as applicable.
    (i) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
measured at least every 15 minutes and averaged over the same time 
period as the performance test (both measured while the vent stream is 
normally routed and constituted); or
    (ii) Where a condenser is used as the control device, the average 
exit (product side) temperature measured at least every 15 minutes and 
averaged over the same time period as the performance test while the 
vent stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is used as the control device, the 
total regeneration stream mass flow during

[[Page 57869]]

each carbon-bed regeneration cycle during the period of the performance 
test measured at least every 15 minutes and averaged over the same time 
period as the performance test (full carbon-bed cycle), 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
    (iv) As an alternative to paragraph (b)(2)(i), (b)(2)(ii), or 
(b)(2)(iii) of this section, the concentration level or reading 
indicated by the organics monitoring device at the outlet of the 
absorber, condenser, or carbon adsorber measured at least every 15 
minutes and averaged over the same time period as the performance test 
while the vent stream is normally routed and constituted.
    (v) For an absorber, condenser, or carbon adsorber used as a 
control device, the percent reduction of regulated material or TOC 
achieved by the control device determined as specified in 
Sec. 65.158(b)(4), or the concentration of regulated material or TOC 
(parts per million by volume, by compound) determined as specified in 
Sec. 65.158(b)(3) at the outlet of the control device.
    (3) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated vent stream, record the 
information specified in paragraphs (b)(3)(i) through (b)(3)(iii) of 
this section.
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 65.158(c).
    (ii) The pH of the scrubber effluent averaged over the time period 
of the performance test; and
    (iii) The scrubber liquid-to-gas ratio averaged over the time 
period of the performance test.
    (c) Recovery device monitoring records during the TRE index value 
determination. For Group 2A process vents, the records specified in 
paragraph (c)(1) through (c)(5) of this section, as applicable, shall 
be maintained and they shall be reported as specified in 
Sec. 65.164(a)(3).
    (1) Where an absorber is the final recovery device in the recovery 
system, the exit specific gravity and average exit temperature of the 
absorbing liquid measured at least every 15 minutes and averaged over 
the same time period as the TRE index value determination (both 
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature measured at least 
every 15 minutes and averaged over the same time period as the TRE 
index value determination while the vent stream is routed and 
constituted normally; or
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow measured at 
least every 15 minutes and averaged over the same time during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and 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
    (4) As an alternative to paragraph (c)(1), (c)(2), or (c)(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 measured at least every 15 minutes and averaged over 
the same time period as the TRE index value determination while the 
vent stream is normally routed and constituted.
    (5) All measurements and calculations performed to determine the 
TRE index value of the vent stream as specified in Sec. 65.64(h) of 
subpart D of this part.
    (d) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures as specified 
in Sec. 65.63(b) of subpart D of this part or Sec. 65.83(b) of subpart 
E of this part. Submit this record in the Initial Compliance Status 
Report, as specified in Sec. 65.165(d).


Sec. 65.161  Continuous records and monitoring system data handling.

    (a) Required records. Where this subpart requires a monitoring 
device capable of providing a continuous record, the owner or operator 
shall maintain the record specified in paragraph (a)(1), (a)(2), 
(a)(3), or (a)(4) of this section, as applicable. The provisions of 
this section apply to owners and operators of storage vessels and low-
throughput transfer racks only if specified by the applicable 
monitoring plan established under Sec. 65.165(c)(1) and (c)(2).
    (1) A record of values measured at least once every 15 minutes or 
each measured value for systems that measure more frequently than once 
every 15 minutes; or
    (2) A record of block average values for 15-minute or shorter 
periods calculated from all measured data values during each period or 
from at least one measured data value per minute if measured more 
frequently than once per minute; or
    (3) A record of block hourly average values calculated from each 
15-minute block average period or from at least one measured value per 
minute if measured more frequently than once per minute, and a record 
of the most recent 3 valid hours of continuous (15-minute or shorter) 
records meeting the requirements of paragraph (a)(1) or (a)(2) of this 
section.
    (4) A record as required by an alternative approved under 
Sec. 65.162(d).
    (b) Excluded data. Monitoring data recorded during periods 
identified in paragraphs (b)(1) through (b)(3) of this section shall 
not be included in any average computed to determine compliance under 
this subpart.
    (1) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (2) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (3) Startups, shutdowns, and malfunctions.
    (c) Additional records. In addition to the records specified in 
paragraph (a) of this section, owners or operators shall also keep 
records as specified in paragraphs (c)(1) and (c)(2) of this section 
unless an alternative monitoring or recordkeeping system has been 
requested and approved under Sec. 65.162(d).
    (1) Except as specified in paragraph (c)(2) of this section, daily 
average values of each continuously monitored parameter shall be 
calculated from data meeting the specifications of paragraph (b) of 
this section for each operating day and retained for 5 years. The data 
shall be reported in the periodic report as specified in 
Sec. 65.166(f), if applicable.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per operating day if operation is not 
continuous (for example, 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 
daily average instead of all measured values.
    (ii) The operating day shall be the period defined in the operating 
permit or the Initial Compliance Status Report. It may be from midnight 
to midnight or another daily period.
    (2) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Initial 
Compliance Status Report or in the operating permit, the owner or 
operator may record that

[[Page 57870]]

all values were within the range and retain this record for 5 years 
rather than calculating and recording a daily average for that 
operating day.
    (d) Valid data. Unless determined to be excluded data according to 
paragraph (b) of this section, the data collected pursuant to 
paragraphs (a) through (c) of this section shall be considered valid.
    (e) Alternative recordkeeping. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements in paragraph (e)(1) or (e)(2) of this 
section as alternatives to the continuous parameter monitoring and 
recordkeeping provisions listed in paragraphs (a) through (c) of this 
section. The owner or operator shall retain each record required by 
paragraph (e)(1) or (e)(2) of this section as provided in Sec. 65.4 of 
subpart A of this part.
    (1) The owner or operator may retain only the daily 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 (e)(1)(i) through 
(e)(1)(vi) of this section are met. The owner or operator shall notify 
the Administrator of implementation of paragraph (e)(1) of this section 
in the Initial Compliance Status Report as required in Sec. 65.165(e) 
or, if the Initial Compliance Status Report has already been submitted, 
in the periodic report as required in Sec. 65.166(f)(4) immediately 
preceding implementation of the requirements of paragraph (e)(1) of 
this section.
    (i) The monitoring system shall be capable of detecting unrealistic 
or impossible data during periods of operation other than startups, 
shutdowns, or malfunctions (for example, 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 an operating day constitute a single 
occurrence.
    (ii) The monitoring system shall generate a running average of the 
monitoring values, updated at least hourly throughout each operating 
day, that have been obtained during that operating day, and the 
capability to observe this average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this section. All 
instances in an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits; and
    (B) The running average is based on at least six 1-hour average 
values; and
    (C) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (iii) The monitoring system shall be 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 (for example, 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 an 
operating day constitute a single occurrence.
    (iv) The monitoring system shall alert the owner or operator by an 
alarm if the running average parameter value calculated under paragraph 
(e)(1)(ii) of this section reaches a set point that is appropriately 
related to the established limit for the parameter that is being 
monitored.
    (v) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraph (e)(1) of this section, at the times 
specified in paragraphs (e)(1)(v)(A) through (e)(1)(v)(C) of this 
section. The owner or operator shall document that the required 
verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) 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.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section.
    (A) Identification of each parameter for each item of equipment for 
which the owner or operator has elected to comply with the requirements 
of Sec. 65.162(e).
    (B) A description of the applicable monitoring system(s) and of how 
compliance will be achieved with each requirement of paragraph 
(e)(1)(i) through (e)(1)(v) of this section. The description shall 
identify the location and format (for example, 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 
outdated description. Owners and operators 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 
provide access within 2 hours after a request. The owner or operator 
shall retain the most recent outdated description at least until 5 
years from the date of its creation. The outdated 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 outdated. Thereafter, the outdated description may be 
stored off-site.
    (C) 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 (e)(1) of this section.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (e)(1) of this section and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (e)(2)(iv) of this section, the owner or operator is no 
longer required to record the daily average value for that parameter 
for that unit of equipment for any operating day when the daily 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.
    (i) If the owner or operator elects not to retain the daily 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.
    (ii) If there is an excursion as defined in paragraph (e)(2)(iv) of 
this section on any operating day after the owner or operator has 
ceased recording daily averages as provided in paragraph (e)(2) of this 
section, the owner or operator shall immediately resume retaining the 
daily average value for each day and shall notify the Administrator in 
the next periodic report. The owner or operator shall continue to 
retain each daily average value until another period of 6 consecutive 
months has passed without an excursion.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (e)(1)(i) through (e)(1)(vi) of this section for the 
duration specified in Sec. 65.4 of subpart A of this part. For any 
calendar

[[Page 57871]]

week, if compliance with paragraphs (e)(1)(i) through (e)(1)(iv) 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.
    (iv) For purposes of paragraph (e) of this section, an excursion 
means that the daily 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 (e)(2)(iv)(A) and (e)(2)(iv)(B) of 
this section.
    (A) The daily average value during any startup, shutdown, or 
malfunction shall not be considered an excursion for purposes of 
paragraph (e) if the owner or operator follows the applicable 
provisions of the startup, shutdown, and malfunction plan required by 
Sec. 65.6 of subpart A of this part.
    (B) An excused excursion as described in Sec. 65.156(d) shall not 
be considered an excursion for purposes of paragraph (e) of this 
section.


Sec. 65.162  Nonflare control and recovery device monitoring records.

    (a) Monitoring system records. For process vents and transfer racks 
(except low-throughput transfer racks), the owner or operator subject 
to this subpart shall keep the records specified in paragraph (a) of 
this section as well as records specified elsewhere in this part.
    (1) For CPMS's used to comply with this part, a record of the 
procedure used for calibrating the CPMS.
    (2) For a CPMS used to comply with this subpart, records of the 
information specified in paragraphs (a)(2)(i) through (a)(2)(v) of this 
section, as applicable.
    (i) The date and time of completion of calibration and preventive 
maintenance of the CPMS.
    (ii) The ``as found'' and ``as left'' CPMS readings whenever an 
adjustment is made that affects the CPMS reading and a ``no 
adjustment'' statement otherwise.
    (iii) The start time and duration or start and stop time of any 
periods when the CPMS is inoperative or malfunctioning.
    (iv) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of CPMS used to comply with this part during 
which excess emissions (as defined in Sec. 65.3(a)(4) of subpart A of 
this part occur.
    (v) For each startup, shutdown, and malfunction during which excess 
emissions as defined in Sec. 65.3(b)(4) of subpart A of this part 
occur, records whether 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. 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.
    (3) Records of startup, shutdown, and malfunction and CPMS 
calibration and maintenance are not required if they pertain solely to 
Group 2A process vents.
    (b) Combustion control and halogen reduction device monitoring 
records.  (1) Each owner or operator using a combustion control or 
halogen reduction device to comply with this subpart shall keep, as 
applicable, up to date and readily accessible continuous records, as 
specified in Sec. 65.161(a); and records of the equipment operating 
parameters specified to be monitored under Sec. 65.148(c) (incinerator 
monitoring), Sec. 65.149(c) (boiler and process heater monitoring), 
Sec. 65.154(c) (halogen reduction device monitoring), Sec. 65.155(c) 
(other control device monitoring), or specified by the Administrator in 
accordance with paragraph (e) of this section.
    (2) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in Sec. 65.161(c)(1). 
For catalytic incinerators, record the daily average of the temperature 
upstream of the catalyst bed and the daily average of the temperature 
differential across the bed. For halogen scrubbers, record the daily 
average pH and the liquid-to-gas ratio.
    (3) 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 and report 
these exceedances as specified in Sec. 65.166(f)(1). The parameter 
boundaries are established pursuant to Sec. 65.148(c)(2) (incinerator 
monitoring), Sec. 65.149(c)(2) (boiler and process heater monitoring), 
Sec. 65.154(c)(2) (halogen reduction device monitoring), or 
Sec. 65.155(c)(2) (other control device monitoring), as applicable.
    (c) Monitoring records for recovery devices on Group 2A process 
vents and for absorbers, condensers, carbon adsorbers, or other 
noncombustion systems used as control devices.  (1) Each owner or 
operator using a recovery device to achieve and maintain a TRE index 
value greater than 1.0 but less than 4.0 or using an absorber, 
condenser, carbon adsorber, or other noncombustion system as a control 
device shall keep readily accessible, continuous records, as specified 
in Sec. 65.161(a), of the equipment operating parameters specified to 
be monitored under Sec. 65.150(c) (absorber monitoring), Sec. 65.151(c) 
(condenser monitoring), Sec. 65.152(c) (carbon adsorber monitoring), 
Sec. 65.153(c) (recovery device monitoring) or Sec. 65.155(c) (other 
control device monitoring), or specified by the Administrator in 
accordance with paragraph (e) of this section. For transfer racks, 
continuous records are required while the transfer vent stream is being 
vented.
    (2) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in Sec. 65.161(c)(1). 
If carbon adsorber regeneration stream flow and carbon bed regeneration 
temperature are monitored, the records specified in paragraphs 
(c)(2)(i) and (c)(2)(ii) of this section shall be kept instead of the 
daily averages and the records shall be reported as specified in 
Sec. 65.166(f)(2).
    (i) Records of total regeneration stream mass or volumetric flow 
for each carbon-bed regeneration cycle.
    (ii) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (3) 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 and report 
these exceedances as specified in Sec. 65.166(f)(1). The parameter 
boundaries are established pursuant to Sec. 65.150(c)(2) (absorber 
monitoring), Sec. 65.151(c)(2) (condenser monitoring), 
Sec. 65.152(c)(2) (carbon adsorber monitoring), or Sec. 65.155(c)(2) 
(other control device monitoring), as applicable.
    (d) 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. 65.148(c), 65.149(c), 
65.150(c), 65.151(c), 65.152(c), 65.153(c), 65.154(c), 65.160, and 
paragraphs (b) and (c) of this section.
    (1) 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 (d)(3) through (d)(5) of this 
section, as applicable.

[[Page 57872]]

    (2) The provisions in Sec. 65.7(c) of subpart A of this part shall 
govern the review and approval of requests.
    (3) An owner or operator of a source that does not have an 
automated monitoring and recording system capable of measuring 
parameter values at least once every 15 minutes and generating 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently 
than once per hour. Daily average values shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain the information specified in 
paragraphs (d)(3)(ii)(A) through (d)(3)(ii)(D) of this section:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the source does not have an automated 
monitoring and recording system capable of meeting the specified 
requirements;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control device 
operating conditions considering typical variability of the specific 
process and control device operating parameter being monitored.
    (4) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values.
    (i) The requested system shall be designed to perform the functions 
specified in paragraphs (d)(4)(i)(A) through (d)(4)(i)(E) of this 
section.
    (A) Measure the operating parameter value at least once every 15 
minutes.
    (B) Record at least four values each hour during periods of 
operation.
    (C) Record the date and time when monitors are turned off or on.
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (E) Compute daily average values of the monitored operating 
parameter based on recorded data. If the daily average is not an 
excursion as defined in Sec. 65.161(e)(2)(iv), the data for that 
operating day may be converted to hourly average values and the four or 
more individual records for each hour in the operating day may be 
discarded.
    (ii) The request shall contain a description of the monitoring 
system and data compression recording system, including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating averages, and a demonstration that the system 
meets all criteria in paragraph (d)(4)(i) of this section.
    (5) An owner or operator may request approval to use other 
alternative monitoring and recordkeeping systems as specified in 
Sec. 65.7(b) of subpart A of this part. 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.
    (e) Monitoring a different parameter than those listed. The owner 
or operator who has been directed by Sec. 65.154(c)(2) or 
Sec. 65.155(c)(1) to set monitoring parameters or who requests as 
allowed by Sec. 65.156(e) approval to monitor a different parameter 
than those listed in Sec. 65.148(c), Sec. 65.149(c), Sec. 65.150(c), 
Sec. 65.151(c), Sec. 65.152(c), Sec. 65.153(c), Sec. 65.154(c), 
Sec. 65.160, or paragraphs (b) or (c) of this section shall submit the 
information specified in paragraphs (e)(1) through (e)(3) of this 
section with the operating permit application or as otherwise specified 
by the permitting authority.
    (1) A description of the parameter(s) to be monitored to ensure the 
process, 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).
    (2) 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 required in 
Sec. 65.5(d) of subpart A of this part unless this information has 
already been included in the operating permit application or previously 
established under a referencing subpart.
     The frequency and content of monitoring, recording, and reporting 
if monitoring and recording is not continuous, or if reports of daily 
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 as specified in 
Sec. 65.166(e). The rationale for the proposed monitoring, recording, 
and reporting system shall be included.


Sec. 65.163  Other records.

    (a) Closed vent system records. For closed vent systems, the owner 
or operator shall record the information specified in paragraphs (a)(1) 
through (a)(4) of this section, as applicable.
    (1) 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 (a)(1)(i) or (a)(1)(ii) of 
this section, as applicable. The information shall be reported as 
specified in Sec. 65.166(b).
    (i) Hourly records of whether the flow indicator specified under 
Sec. 65.143(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.
    (ii) Where a seal mechanism is used to comply with 
Sec. 65.143(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.
    (2) For closed vent systems collecting regulated material from a 
storage vessel, transfer rack, or equipment leak, 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 pursuant to 
Sec. 65.143(b)(2) or (b)(3), an explanation of why the equipment is 
unsafe or difficult to inspect, and the plan for inspecting the 
equipment as required by Sec. 65.143(b)(2)(ii) or (b)(3)(ii).
    (3) For a closed vent system collecting regulated material from a 
storage vessel, transfer rack, or equipment leaks, when a leak is 
detected as specified in Sec. 65.143(d)(1), the information specified 
in paragraphs (a)(3)(i) through (a)(3)(vi) of this section shall be 
recorded. The data shall be reported as specified in Sec. 65.166(b)(1).
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.

[[Page 57873]]

    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) The maximum instrument reading measured by the procedures in 
Sec. 65.143(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (v) ``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.
    (vi) Copies of the periodic reports if records are not maintained 
on a computerized database capable of generating summary reports from 
the records.
    (4) For each instrumental or visual inspection conducted in 
accordance with Sec. 65.143(b)(1) for closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks 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.
    (b) Storage vessel and transfer rack records. For storage vessels, 
an owner or operator shall keep readily accessible records of the 
information specified in paragraphs (b)(1) through (b)(3) of this 
section, as applicable. For low-throughput transfer racks, an owner or 
operator shall keep readily accessible records of the information 
specified in paragraph (b)(1).
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 65.145(c)(2) and report in the periodic report as 
specified in Sec. 65.166(e), if applicable.
    (2) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Sec. 65.143(a), Sec. 65.145(a), or 
Sec. 65.147(a), as applicable, due to the planned routine maintenance. 
Such a record shall include the information specified in paragraphs 
(b)(2)(i) through (b)(2)(iii) of this section. This information shall 
be submitted in the periodic reports as specified in Sec. 65.166(d)(1).
    (i) The first time of day and date the requirements of 
Sec. 65.143(a), Sec. 65.145(a), or Sec. 65.147(a), as applicable, were 
not met at the beginning of the planned routine maintenance.
    (ii) The first time of day and date the requirements of 
Sec. 65.143(a), Sec. 65.145(a), or Sec. 65.147(a), as applicable, were 
met at the conclusion of the planned routine maintenance.
    (iii) A description of the type of maintenance performed.
    (3) 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. 65.144(a)(2) shall keep in a readily accessible location the 
records specified in paragraphs (b)(3)(i) through (b)(3)(iii) of this 
section.
    (i) The reason it was necessary to bypass the process equipment or 
fuel gas system;
    (ii) The duration of the period when the process equipment or fuel 
gas system was bypassed;
    (iii) Documentation or certification of compliance with the 
applicable provisions of Sec. 65.42(b)(6)(i) through (b)(6)(iii).
    (c) Regulated source and control equipment startup, shutdown and 
malfunction records. (1) Records of the occurrence and duration of each 
startup, shutdown, and malfunction of process equipment or of air 
pollution control equipment used to comply with this part during which 
excess emissions (as defined in Sec. 65.3(a)(4) of subpart A of this 
part) occur.
    (2) For each startup, shutdown, and malfunction during which excess 
emissions occur, records whether 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 (for example, 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.
    (3) Records of startup, shutdown, and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2A process vents.
    (d) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(1) and (d)(2) of 
this section for closed vent systems and control devices subject to the 
provisions of subpart F of this part. The owner or operator shall meet 
the record retention requirements of Sec. 65.4 of subpart A of this 
part, except the records specified in paragraph (d)(1) of this section 
shall be kept as long as the equipment is in operation.
    (1) The design specifications and performance demonstrations 
specified in paragraphs (d)(1)(i) through (d)(1)(iii) of this section.
    (i) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (ii) The dates and descriptions of any changes in the design 
specifications.
    (iii) A description of the parameter or parameters monitored as 
required in Sec. 65.146(c), 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.
    (2) Records of operation of closed vent systems and control 
devices, as specified in paragraphs (d)(2)(i) through (d)(2)(iii) of 
this section.
    (i) Dates and durations when the closed vent systems and control 
devices required in Sec. 65.115(b) of subpart F of this part are not 
operated as designed as indicated by the monitored parameters, 
including periods when a flare flame or at least one pilot flame is not 
present.
    (ii) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (iii) Dates and durations of startups and shutdowns of control 
devices required in Sec. 65.115(b) of subpart F of this part.
    (e) Records of monitored parameters outside of range. The owner or 
operator shall record the occurrences and the cause of periods when the 
monitored parameters are outside of the parameter ranges documented in 
the Initial Compliance Status Report in accordance with Sec. 65.165(b). 
This information shall be reported in the periodic report as specified 
in Sec. 65.166(e).


Sec. 65.164  Performance test and flare compliance determination 
notifications and reports.

    (a) Performance test and flare compliance determination reports. 
Performance test reports and flare compliance determination reports 
shall be submitted as specified in paragraphs (a)(1) through (a)(3) of 
this section.
    (1) For performance tests or flare compliance determinations, the 
Initial Compliance Status Report or report required by paragraph (b)(2) 
of this section shall include one complete test report as specified in 
paragraph (a)(2) of this section for each test method used for a 
particular kind of emission point

[[Page 57874]]

and other applicable information specified in paragraph (a)(3) 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 or in other subparts of 
this part shall be submitted, but a complete test report is not 
required.
    (2) 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.
    (3) The performance test or flare compliance determination report 
shall also include the information specified in paragraphs (a)(3)(i) 
through (a)(3)(iii) of this section, as applicable.
    (i) For flare compliance determinations, the owner or operator 
shall submit the records specified in Sec. 65.159(b).
    (ii) For nonflare combustion device and halogen reduction device 
performance tests as required under Sec. 65.148(b), Sec. 65.149(b), 
Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or 
Sec. 65.155(b), the owner or operator shall submit the applicable 
records specified in Sec. 65.160(b).
    (iii) For Group 2A process vents, the owner or operator shall 
submit the records specified in Sec. 65.160(c), as applicable.
    (b) Other notifications and reports. (1) 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 day's 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.
    (2) Unless specified differently in this subpart or another subpart 
of this part, 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.
    (3) Any application for a waiver of an initial performance test or 
flare compliance determination as allowed by Sec. 65.157(b)(2), shall 
be submitted no later than 90 calendar days before the performance test 
or flare 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.


Sec. 65.165  Initial Compliance Status Reports.

    (a) An owner or operator who elects to comply with Sec. 65.144 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 (a)(1) and (a)(2) 
or (a)(3) of this section, as applicable.
    (1) If storage vessel emissions are routed to a process, the owner 
or operator shall submit the information specified in 
Sec. 65.144(b)(3).
    (2) As specified in Sec. 65.144(c) if storage vessel emissions are 
routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to a fuel gas system.
    (3) As specified in Sec. 65.144(c) report that the transfer rack 
emission stream is being routed to a fuel gas system or process, when 
complying with the requirements of Sec. 65.83(a)(4) of subpart E of 
this part.
    (b) An owner or operator who elects to comply with Sec. 65.145 by 
routing emissions from a storage vessel or low-throughput transfer rack 
to a nonflare control device shall submit with the Initial Compliance 
Status Report required by Sec. 65.5(d) of subpart A of this part the 
applicable information specified in paragraphs (b)(1) through (b)(6) of 
this section. Owners and operators who elect to comply with 
Sec. 65.145(b)(1)(i) by submitting a design evaluation shall submit the 
information specified in paragraphs (b)(1) through (b)(4) of this 
section. Owners and operators who elect to comply with 
Sec. 65.145(b)(1)(ii) by submitting performance test results shall 
submit the information specified in paragraphs (b)(1), (b)(2), (b)(4) 
and (b)(5) of this section. Owners and operators who elect to comply 
with Sec. 65.145(b)(1)(iii) by submitting performance test results for 
a shared control device shall submit the information specified in 
paragraph (b)(6) of this section.
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed (for example, when the liquid level in the storage vessel 
is being raised). If continuous records are specified, indicate whether 
the provisions of Sec. 65.166(f) apply.
    (2) The operating range for each monitoring parameter identified in 
the monitoring plan required by Sec. 65.145(c)(1). The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (3) The documentation specified in Sec. 65.145(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation.
    (4) The provisions of Sec. 65.166(f) do not apply to any low-
throughput transfer rack for which the owner or operator has elected to 
comply with Sec. 65.145 or to any storage vessel for which the owner or 
operator is not required to keep continuous records, as specified by 
the applicable monitoring plan established under Sec. 65.145(c)(1) and 
(c)(2). If continuous records are required, the owner or operator shall 
specify in the monitoring plan whether the provisions of Sec. 65.166(f) 
apply.
    (5) A summary of the results of the performance test described in 
Sec. 65.145(b)(1)(ii) or (b)(1)(iii), as applicable. If a performance 
test is conducted as provided in Sec. 65.145(b)(1)(ii), submit the 
results of the performance test, including the information specified in 
Sec. 65.164(a)(1) and (a)(2).
    (6) Identification of the storage vessel or transfer rack and 
control device for which the performance test will be submitted, and 
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.
    (c) 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. 65.148(c)(2), 65.149(c)(2), 65.150(c)(2), 
65.151(c)(2), 65.152(c)(2), 65.153(c)(5), 65.154(c)(3), and 
65.155(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

[[Page 57875]]

shall include the information in paragraphs (c)(1) through (c)(3) of 
this section, as applicable, unless the range and the operating day 
definition have been established in the operating permit.
    (1) The specific range of the monitored parameter(s) for each 
emission point;
    (2) 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 paragraph (c)(2)(i), (c)(2)(ii), or (c)(2)(iii) of this 
section, as applicable.
    (i) If a performance test or TRE index value determination is 
required by this subpart or another subpart of this part 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.
    (ii) If a performance test or TRE index value determination is not 
required by this subpart or other subparts of this part for a control, 
recovery, or halogen reduction device, the range may be based solely on 
engineering assessments and/or manufacturer's recommendations.
    (iii) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (3) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The 
definition shall specify the times at which an operating day begins and 
ends.
    (d) Halogen reduction device. The owner or operator shall submit as 
part of the Initial Compliance Status Report the information recorded 
pursuant to Sec. 65.160(d).
    (e) Alternative recordkeeping. The owner or operator shall notify 
the administrator in the Initial Compliance Status Report if the 
alternative recordkeeping provisions of Sec. 65.161(e)(1) are being 
implemented. If the Initial Compliance Status Report has been 
submitted, the notification must be in the periodic report submitted 
immediately preceding implementation of the alternative, as provided in 
Sec. 65.166(f)(4).


Sec. 65.166  Periodic reports.

    (a) Periodic reports shall include the reporting period dates, the 
total source operating time for the reporting period, and, as 
applicable, all information specified in this section and in other 
subparts of this part, including reports of periods when monitored 
parameters are outside their established ranges.
    (b) For closed vent systems subject to the requirements of 
Sec. 65.143, the owner or operator shall submit as part of the periodic 
report the information specified in paragraphs (b)(1) through (b)(3) of 
this section, as applicable.
    (1) The information recorded in Sec. 65.163 (a)(3)(ii) through 
(a)(3)(v);
    (2) Reports of the times of all periods recorded under 
Sec. 65.163(a)(1)(i) when the vent stream is diverted from the control 
device through a bypass line; and
    (3) Reports of all times recorded under Sec. 65.163(a)(1)(ii) when 
maintenance is performed on car-sealed valves, when the seal is broken, 
when the bypass line valve position is changed, or the key for a lock-
and-key type configuration has been checked out.
    (c) For flares subject to this subpart, report all periods when all 
pilot flames were absent or the flare flame was absent as recorded in 
Sec. 65.159(d)(1).
    (d) For storage vessels, the owner or operator shall include in 
each periodic report required the information specified in paragraphs 
(d)(1) through (d)(3) of this section.
    (1) For the 6-month period covered by the periodic report, the 
information recorded in Sec. 65.163(b)(2)(i) through (b)(2)(iii).
    (2) 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 Sec. 65.143(a), Sec. 65.145(a), 
or Sec. 65.147(a) due to planned routine maintenance.
    (3) A description of the planned routine maintenance that is 
anticipated to be performed for the control system during the next 6-
month periodic reporting period when the control system 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.
    (e) 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 identify and state the cause for each occurrence 
when the monitored parameters were outside of the parameter ranges 
documented in the Initial Compliance Status Report in accordance with 
Sec. 65.165(b).
    (f) For process vents and transfer racks (except low-throughput 
transfer racks), periodic reports shall include the information 
specified in paragraphs (f)(1) through (f)(4).
    (1) Periodic reports shall include the daily average values of 
monitored parameters, calculated as specified in Sec. 65.161(c)(1) for 
any days when the daily average value is outside the bounds as 
specified in Sec. 65.162(b)(3) or (c)(3), or the data availability 
requirements defined in Sec. 65.156(d)(1) 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.
    (2) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec. 65.162(c)(2) were outside the ranges 
established in the Initial Compliance Status Report or in the operating 
permit.
    (3) The provisions of paragraphs (f)(1) and (f)(2) of this section 
do not apply to any low-throughput transfer rack for which the owner or 
operator has elected to comply with Sec. 65.145 or to any storage 
vessel for which the owner or operator is not required, by the 
applicable monitoring plan established under Sec. 65.165(c)(1) and 
(c)(2) to keep continuous records. If continuous records are required, 
the owner or operator shall specify in the monitoring plan whether the 
provisions of paragraphs (f)(1) and (f)(2) of this section apply.
    (4) If the owner or operator has chosen to use the alternative 
recordkeeping provisions of Sec. 65.161(e)(1), and has not notified the 
Administrator in the Initial Compliance Status Report that the 
alternative recordkeeping provisions are being implemented as provided 
in Sec. 65.165(e), the owner or operator shall notify the Administrator 
in the periodic report submitted immediately proceeding implementation 
of the alternative.


Sec. 65.167  Other reports.

    (a) Replacing an existing control or recovery device. As specified 
in Sec. 65.147(b)(2), Sec. 65.148(b)(3), Sec. 65.149(b)(3), 
Sec. 65.150(b)(2), Sec. 65.151(b)(2), Sec. 65.152(b)(2), or 
Sec. 65.153(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

[[Page 57876]]

facility's periodic reporting and shall include a description of any 
changes made to the closed vent system.
    (b) Startup, shutdown, and malfunction periodic reports. Startup, 
shutdown, and malfunction periodic reports shall be submitted as 
required in Sec. 65.6(c) of subpart A of this part.


Secs. 65.168-65.169  [Reserved]

[FR Doc. 98-27260 Filed 10-27-98; 8:45 am]
BILLING CODE 6560-50-P