[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Rules and Regulations]
[Pages 34854-34949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13164]



[[Page 34853]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology (Generic MACT); Final Rule



Process Wastewater Provisions; Proposed Rule

  Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules 
and Regulations  

[[Page 34854]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6346-9]
RIN 2060-AG91, 2060-AF06, 2060-AG94, 2060-AF09, 2060-AE36


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This action promulgates the consolidated rulemaking proposal 
published on October 14, 1998. Today's rule establishes our ``generic 
MACT standards'' program for setting national emission standards for 
hazardous air pollutants (NESHAP) under section 112 of the Clean Air 
Act (Act) for certain small source categories consisting of five or 
fewer major sources. As part of this generic MACT program, we are 
establishing an alternative methodology for making maximum achievable 
control technology (MACT) determinations for appropriate small 
categories by referring to previous MACT standards that have been 
promulgated for similar sources in other categories. The basic purposes 
of the generic MACT program are to use public and private sector 
resources efficiently, and to promote regulatory consistency and 
predictability in MACT standards development.
    Today's consolidated rulemaking package includes promulgated MACT 
standards that have been developed within the generic MACT framework 
for four specific source categories that are included on our list of 
categories for which NESHAP are required: acetal resins (AR) 
production, acrylic and modacrylic fiber (AMF) production, hydrogen 
fluoride (HF) production, and polycarbonate(s) (PC) production.
    In this consolidated rulemaking package, we are also promulgating 
general control requirements for certain types of emission points for 
hazardous air pollutants (HAP), which will then be referenced, as 
appropriate, in MACT requirements for individual source categories. 
These general control requirements are set forth in new promulgated 
subparts and are applicable to storage vessels containing organic 
materials, process vents emitting organic vapors, and leaks from 
equipment components. In addition, we are promulgating a separate 
subpart of requirements for closed vent systems, control devices, 
recovery devices and routing emissions to fuel gas systems or a 
process.
    We have withdrawn the proposed process wastewater provisions from 
the promulgated rule. In a supplemental notice of proposed rulemaking 
(SNPR) published elsewhere in today's Federal Register, we reopen the 
comment period (for 30 days) specifically to request additional comment 
on amendments to the proposed standards for process wastewater 
provisions for the AR, AMF, and PC production source categories. We 
plan to take final action regarding the amendments to the proposed 
provisions for process wastewater streams by November 15, 1999 (the 
revised date set forth in a proposed consent decree).

EFFECTIVE DATE: The effective date is June 29, 1999.

ADDRESSES: Technical Support Document. The consolidated rulemaking 
package promulgated today is supported by a background information 
document (BID) that contains a summary of the public comments received 
on the proposal and the Administrator's responses to public comments. 
This document may be obtained from the docket for this rule, A-97-17, 
or through the Internet at http://www.epa.gov/ttn/oarpg/ramain.html or 
from the U.S. Environmental Protection Agency Library (MD-35), Research 
Triangle Park, North Carolina 27711, telephone (919) 541-2777. Please 
refer to ``National Emission Standards for Hazardous Air Pollutants: 
Generic Maximum Achievable Control Technology--Background Information 
for Acetal Resins, Acrylic and Modacrylic Fiber, Hydrogen Fluoride, and 
Polycarbonate Production Promulgated Standards,'' EPA-453/C-99-001.
    Docket. A docket, No. A-97-17, containing information considered by 
us in the development of the proposed and promulgated standards for the 
generic MACT, is available for public inspection between 8:30 a.m. and 
5:30 p.m., Monday through Friday (except for Federal holidays), at the 
following address: U.S. Environmental Protection Agency, Air and 
Radiation Docket and Information Center (MC-6102), 401 M Street SW, 
Washington DC 20460, telephone: (202) 260-7548. Our Air Docket section 
is located at the above address in Room M-1500, Waterside Mall (ground 
floor). Dockets established for each of the source categories 
assimilated under the generic MACT standards with this promulgation 
include the following: AR production (Docket No. A-97-19); AMF 
production (Docket No. A-97-18); HF production (Docket No. A-96-54); 
and PC production (Docket No. A-97-16). These dockets include source 
category-specific supporting information. The proposed and promulgated 
standards, and supporting information are available for inspection and 
copying. A reasonable fee may be charged for copying.

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

----------------------------------------------------------------------------------------------------------------
                                                                                           Phone/Facsimile/  e-
           Information Type                    Contact                   Group                 mail address
----------------------------------------------------------------------------------------------------------------
AR Production........................  John M. Schaefer.......  Organic Chemicals Group  (919) 541-0296/(919)
                                                                                          541-3470/
                                                                                          [email protected]
AMF Production.......................  Anthony P. Wayne.......  Policy, Planning and     (919) 541-5439/(919)
                                                                 Standards Group.         541-0942/wayne.
                                                                                          [email protected]
HF Production........................  Richard S. Colyer......  Policy, Planning, and    (919) 541-5262/(919)
                                                                 Standards Group.         541-0942/
                                                                                          [email protected]
PC Production........................  Mark A. Morris.........  Organic Chemicals Group  (919) 541-5416/(919)
                                                                                          541-3470/
                                                                                          [email protected]
Recordkeeping and Reporting            Belinda Breidenbach....  Office of Enforcement    (202) 564-7022
 Requirements.                                                   and Compliance
                                                                 Assurance.
Nonsource category-specific..........  David W. Markwordt.....  Policy, Planning and     (919) 541-0837/ (919)
                                                                 Standards Group.         541-0942/
                                                                                          [email protected]
                                                                                          v
----------------------------------------------------------------------------------------------------------------

    The EPA Region contacts are as follows:

[[Page 34855]]



----------------------------------------------------------------------------------------------------------------
          Information Type                   Contact            EPA Office/Region               Phone
----------------------------------------------------------------------------------------------------------------
AR Production......................  Lee Page..............  Region IV.............  (404) 562-9131
                                     Robert Todd...........  Region VI.............  (214) 665-2156
AMF Production.....................  Lee Page..............  Region IV.............  (404) 562-9131
HF Production......................  Robert Todd...........  Region VI.............  (214) 665-2156
PC Production......................  Lee Page..............  Region IV.............  (404) 562-9131
                                     Bruce Varner..........  Region V..............  (312) 886-6793
                                     Robert Todd...........  Region VI.............  (214) 665-2156
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: The SNPR, the promulgated regulatory text, 
and supporting documentation are available in Docket No. A-97-17 or by 
request from our Air and Radiation Docket and Information Center (see 
ADDRESSES). The SNPR and the promulgated regulatory text are also 
available on the Technology Transfer Network (TTN) on our electronic 
bulletin boards. The TTN provides information and technology exchange 
in various areas of air emissions control. The service is free, except 
for the cost of a telephone call. Dial (919) 541-5742 for up to a 
14,400 baud per second modem. For further information, contact the TTN 
HELP line at (919) 541-5384, from 1:00 p.m. to 5:00 p.m. Monday through 
Friday, or access the TTN web site at: http://www.epa.gov/ttn.

Regulated Entities

    Entities potentially regulated are those that produce AR, AMF, HF, 
and PC and are major sources of HAP as defined in section 112 of the 
Act. Regulated categories and entities include the following:

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

Judicial Review

    Under section 307(b)(1) of the Act, judicial review of this final 
rule is available only by filing a petition for review in the United 
States Court of Appeals for the District of Columbia Circuit by August 
30, 1999. Under section 307(d)(7)(B) of the Act, only an objection to 
this rule which was raised with reasonable specificity during the 
period for public comment can be raised during judicial review. 
Moreover, under section 307(b)(2) of the Act, the requirements 
established by today's final action may not be challenged separately in 
any civil or criminal proceeding brought by us to enforce these 
requirements.

Plain Language

    In compliance with President Clinton's June 1, 1998 Executive 
Memorandum on Plain Language in government writing, this preamble is 
written using plain language. Thus, the use of ``we,'' ``us,'' or 
``our'' in this notice refers to the EPA. The use of ``you'' refers to 
the reader, and may include industry; State, local, and tribal 
governments; environmental groups; and other interested individuals.
    The following outline is provided to assist you in reading this 
preamble.

I. Why have we developed these regulations?
II. What factors did we consider when developing these standards?
    A. Promotion of Public Health and Welfare
    B. Statutory and Technical Considerations
    C. Stakeholder and Public Participation
III. What are the final standards?
    A. Generic MACT Rule Structure
    B. Acetal Resins Production Standards
    C. Acrylic and Modacrylic Fibers Production Standards
    D. Hydrogen Fluoride Production Standards
    E. Polycarbonate Production Standards
IV. What are the impacts associated with the final rule?
V. The Legal Basis for the Generic MACT Approach
    A. The Generic MACT Approach
    B. Criteria for Determining Suitability for Generic MACT
    C. Adequacy of Notice and Comment
    D. Date for Determining New Sources
VI. What are the significant comments and changes made on the 
proposed standards?
    A. MACT for Acrylic and Modacrylic Fiber Production--Changes 
Made Since Proposal
    B. Process and Maintenance Wastewater Stream Provisions
VII. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Executive Order 12875
    E. Regulatory Flexibility Act/Small Business Regulatory 
Enforcement Fairness Act of 1996
    F. Unfunded Mandates Reform Act
    G. Submittal to Congress and the General Accounting Office
    H. National Technology Transfer and Advancement Act
    I. Executive Order 13045
    J. Executive Order 13084

I. Why Have We Developed These Regulations?

    Section 112(b) of the Act (as amended) lists 188 HAP's and directs 
us to develop rules to control all major and some area sources emitting 
HAP. On July 16, 1992 (57 FR 31576), we published a list of major and 
area sources for which NESHAP are to be promulgated. On December 3, 
1993 (58 FR 83941), we published a schedule for promulgating standards 
for the listed major and area sources. Standards for the acetal resins 
production, acrylic and modacrylic fiber production, and polycarbonate 
production source categories were scheduled for promulgation by 1997. 
The hydrogen

[[Page 34856]]

fluoride production source category was scheduled for promulgation by 
the year 2000 but was changed to be scheduled for promulgation by 1997. 
We are promulgating standards for the AR, AMF, HF, and PC production 
source categories under a May 15, 1999 court-ordered deadline.

II. What Factors Did We Consider When Developing These Standards?

A. Promotion of Public Health and Welfare

    The Act was developed, in part,

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

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

B. Statutory and Technical Considerations

    We regulate stationary sources of HAP under section 112 of the Act. 
Section 112(b) (as amended) of the Act lists 188 chemicals, compounds, 
or groups of chemicals as HAP. Under section 112, we are directed to 
regulate the emission of HAP from stationary sources by establishing 
national emission standards.
    Section 112(a)(1) of the Act defines a major source as:

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

    The statute requires that we establish standards to reflect the 
maximum degree of reduction in HAP emissions through application of 
MACT for major sources on our list of categories scheduled for 
regulation under section 112(c)(1) of the Act. We are required to 
establish standards that are no less stringent than the level of 
control defined under section 112(d)(3) of the Act (this minimal level 
of control is referred to as the ``MACT floor.''
    We chose to regulate the AR production, AMF production, HF 
production, and PC production source categories under one subpart to 
streamline the regulatory burden associated with the development of 
separate rulemaking packages. All of these source categories have four 
or fewer major sources that would be subject to the standards. This 
subpart is referred to as the ``generic MACT standards'' subpart. The 
generic MACT standards subpart has been structured to allow source 
categories with similar emission points and MACT control requirements 
to be covered under one subpart.
    In the proposal preamble, we provide a discussion on the approach 
used to collect and evaluate information pertaining to MACT and the 
rationale for our approach for determining MACT for source categories 
with a limited population of sources (see 63 FR 55181-55184, October 
24, 1998). The rationale for the MACT determination under the MACT 
standards for the AR production, AMF production, HF production, and PC 
production source categories is also described in the proposal preamble 
(see 63 FR 55191-55196, October 24, 1998).

C. Stakeholder and Public Participation

    Representatives of the AR production, AMF production, HF 
production, and PC production industries and State and local agencies 
were consulted in the development of the proposed standards. 
Documentation for stakeholder and public participation for these source 
categories is included in the docket for these standards (Docket No. A-
97-17). Source category-specific supporting information is maintained 
within dockets established for each of these source categories (see 
ADDRESSES section of this preamble for Docket information).
    The generic MACT standards were proposed in the Federal Register on 
October 14, 1998 (63 FR 55178). We placed the proposed notice and 
regulatory text, along with supporting documentation, in a docket open 
to the public at that time and made them available to interested 
parties. Public comments were solicited at the time of proposal. 
Comments were specifically requested on the proposed generic MACT 
approach and the emission point general control requirement subparts.
    To provide interested parties the opportunity for oral presentation 
of data, views, or arguments concerning the proposed standards, a 
public hearing was offered on November 25, 1998 in Research Triangle 
Park, North Carolina.
    The public comment period was from October 14, 1998 to January 12, 
1999. The most significant comments and responses are discussed in 
section VI of this preamble.

III. What Are the Final Standards?

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

A. Generic MACT Rule Structure

    The following discussion presents a summary of the structure of the 
standards included in the final rule.
1. Applicability
    The final rule allows source categories with similar emission 
points and MACT control requirements to be covered under one subpart. 
The applicability section specifies the source categories and affected 
source for each of the source categories subject to the generic MACT 
standards. This section also clarifies the applicability of certain 
emission point provisions for which both the generic MACT standards 
subpart and other existing Federal regulations might apply.
2. Definitions
    The definitions section of the final rule specifies definitions 
that apply across source categories.

[[Page 34857]]

3. Compliance Schedule
    The compliance schedule section of the final rule provides 
compliance dates for new and existing sources.
4. Source Category-specific Applicability, Definitions, and Standards
    The source category-specific applicability, definitions and 
standards section of the final rule specifies the definitions, and 
standards that apply to an affected source based on applicability 
criteria, for each source category.
5. Applicability Assessment Procedures and Methods
    If you are an owner or operator of an affected source, the 
applicability assessment procedures and methods sections of the final 
rule provide procedures for you to follow when assessing whether 
control requirements under the standard applicability section of the 
rule apply. Standard applicability assessment procedures (as 
applicable) are footnoted in the standard requirement applicability 
tables specified for each source category.
6. Generic Standards and Procedures for Approval for an Alternative 
Means of Emissions Limitation
    The remaining sections of the final rule contain provisions that 
apply across source categories within the generic MACT subpart. These 
provisions include generic compliance, maintenance, monitoring, 
recordkeeping, and reporting requirements. An alternative means of 
emission limitation to the design, operational, work practice, or 
equipment standards specified for each source category within the 
generic MACT subpart may also be established as provided in 
Sec. 63.1113 of 40 CFR part 63, subpart YY (Generic MACT Standards).

B. Acetal Resins Production Standards

    The AR production standard regulates HAP emissions from storage 
vessels storing process feed materials, process vents, and equipment 
leaks from compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, and 
instrumentation systems. Requirements are the same for both existing 
and new sources.
1. Storage Vessels
    Storage vessels with specified sizes that store materials with 
specified vapor pressures are required to control HAP emissions by 
using an external floating roof equipped with specified primary and 
secondary seals; by using a fixed roof with an internal floating roof 
equipped with specified seals; or by covering and venting emissions 
through a closed vent system to one of the following:
    a. A recovery device or an enclosed combustion device that achieves 
a HAP control efficiency  95 percent.
    b. A flare.
2. Process Vents From Continuous Unit Operations (Back End and Front 
End Process Vents)
    Front end process vents are required to control HAP or total 
organic compound (TOC) emissions by venting emissions through a closed 
vent system to a flare, or venting emissions through a closed vent 
system to any combination of control devices that reduces emissions of 
HAP or TOC by 60 percent by weight or to a concentration of 20 ppmv, 
whichever is less stringent. Back end process vents with a total 
resource effectiveness index value (TRE) less than 1.0 are required to 
control HAP or TOC emissions by venting emissions through a closed vent 
system to a flare, or avoid control requirements venting emissions 
through a closed vent system to any combination of control devices that 
reduces emissions of HAP or TOC by 98 percent by weight or to a 
concentration of 20 parts per million by volume (ppmv), whichever is 
less stringent; or by achieving and maintaining a TRE index value 
greater than 1.0.
3. Equipment Leaks
    For equipment containing or contacting HAP in amounts  5 
percent, HAP emissions are required to be controlled through the 
implementation of a leak detection and repair (LDAR) program for 
affected equipment.

C. Acrylic and Modacrylic Fibers Production Standards

    The final standards for AMF production consist of standards that 
regulate acrylonitrile (AN) emissions from storage vessels, process 
vents, fiber spinning lines, process wastewater treatment systems; and 
equipment leaks. Requirements for individual sources are, for the most 
part, the same for both existing and new sources. The one exception is 
fiber spinning lines. The requirements for spinning lines at new or 
modified sources remain the same as those proposed (i.e., an 85 percent 
AN reduction) with the addition of an alternative performance standard 
that limits spinning line emissions to 0.25 kilograms AN per megagram 
(Mg) of fiber produced.
    The requirements for existing spinning lines at existing AMF 
sources have been revised to better reflect existing spinning solution 
AN concentrations and subsequent emissions relative to the two types of 
polymerization processes used in the industry. Separate control 
requirements are being included in the final rule to reflect the 
differences in the two polymerization processes relative to spinning 
solution or spin dope residual AN concentrations and the technical 
feasibility of applying source reduction measures.
    As an alternative to these individual source requirements, if you 
own or operate an affected AMF production facility you can comply with 
the final rule by controlling facility-wide AN emissions (not including 
equipment leaks) to a level such that emissions do not exceed 0.5 
kilograms of AN per Mg of fiber produced (1.0 pound AN per ton of fiber 
produced) for existing sources, and 0.25 kilograms of AN per Mg of 
fiber produced (0.5 pounds AN per ton of fiber produced) for new 
sources.
1. Storage Vessels
    Storage vessels storing process feed material would be required to 
control AN emissions by using an external floating roof equipped with 
specified primary and secondary seals; using a fixed roof with an 
internal floating roof equipped with specified seals; or by venting 
emissions through a closed-vent system to one of the following:
    a. A recovery device that achieves a HAP control efficiency 
95 percent;
    b. An enclosed combustion control device that achieves a HAP 
control efficiency 98 percent; or
    c. A flare.
2. Continuous Process Vents
    Process vents with vent streams with a HAP concentration 
50 ppmv would be required to control HAP emissions by 
venting vapors through a closed-vent system to a recovery or control 
device that reduces emissions of HAP or TOC by 98 weight-percent or to 
a concentration of 20 ppmv, whichever is less stringent, by using a 
flare or by venting and using any combination of combustion, recovery, 
and/or recapture devices. If the controlled vent stream is halogenated, 
emissions are required to be vented to a halogen reduction device that 
reduces hydrogen halides and halogens by 99 percent or to less than 
0.45 kilograms per hour (kg/hr) either prior to or after (other than by 
using a flare) reducing the HAP or TOC by 98 weight-percent.

[[Page 34858]]

3. Fiber Spinning Lines
    Spinning lines at suspension polymerization existing sources are 
required to reduce the spin dope AN concentration to 100 (ppmw) or 
less. No additional AN specific emission reduction levels have been 
identified in this final rule for these sources. No control 
requirements are specified in the final rule for existing spinning 
lines at solution polymerization sources. New and modified sources are 
required either to reduce AN emissions by greater than or equal to 85 
percent, reduce the spin dope AN concentration to 100 ppmw, or limit 
spinning line emissions to 0.25 kilograms AN per Mg (0.5 lb AN per ton) 
of fiber produced.
4. Equipment Leaks
    For equipment containing or contacting AN in amounts 10 
percent, HAP emissions would be required to be controlled through the 
implementation of an LDAR program for affected equipment. This 
requirement applies to equipment leaks from compressors, agitators, 
pressure relief devices, sampling connection systems, open-ended valves 
or lines, valves, connectors, or instrumentation systems.
    We chose to regulate AMF production facilities based on the control 
of pollutant streams containing AN. This pollutant is the principal HAP 
associated with and emitted from AMF production facilities. Other 
organic HAP constituents, where present, would only be associated with 
those pollutant streams containing AN. We expect that where sources 
control AN emissions, comparable levels of control will be achieved for 
other organic HAP emitted from AMF production facilities.

D. Hydrogen Fluoride Production Standards

    The HF production standards regulate HAP emissions from storage 
vessels; process vents on HF recovery and refining vessels; bulk 
loading of HF liquid into tank trucks and railcars; and equipment leaks 
from compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, or 
instrumentation systems. Requirements are the same for both existing 
and new sources.
1. Storage Vessels and Transfer Racks
    Storage vessels and transfer loading racks are required to control 
HF emissions by venting to a recovery system or wet scrubber designed 
and operated to achieve a 99 percent by weight removal efficiency.
2. Process Vents From Continuous Unit Operations
    Process vents for HF recovery and refining are required to control 
HF emissions by venting emissions to a wet scrubber designed and 
operated to achieve a 99 percent by weight HF removal efficiency.
3. Equipment Leaks
    All equipment leaks are controlled through a LDAR program.

E. Polycarbonate Production Standards

    The PC production standards regulate organic HAP emissions from 
process vents, storage vessels, and equipment leaks. Different 
requirements and applicability criteria apply for existing and new 
sources.
1. Storage Vessels
    Storage vessels with specified sizes that store materials with 
specified vapor pressures are required to control organic HAP emissions 
by using an external floating roof equipped with specified primary and 
secondary seals; by using a fixed roof with an internal floating roof 
equipped with specified seals; or by venting emissions through a closed 
vent system to a control device. Some vessels must use a closed vent 
system and recovery or control device, based on vessel size and the 
vapor pressure of the stored material.
2. Process Vents
    Process vents from continuous unit operations and combined vent 
streams (combinations of streams from continuous and/or batch unit 
operations) that have a TRE index value less than or equal to 2.7 are 
required to control organic HAP emissions by venting emissions through 
a closed vent system to a control device that reduces total organic HAP 
by 98 percent by weight, or reduces the concentration of total organic 
HAP or TOC to 20 ppmv, whichever is less stringent.
3. Equipment Leaks
    For equipment containing or contacting organic HAP in amounts 
 5 percent, organic HAP emissions are required to be 
controlled through the implementation of an LDAR program for affected 
equipment.

IV. What Are the Impacts Associated With the Final Rule?

    The impacts resulting from the promulgated standards for the source 
categories (i.e., AR production, AMF production, HF production, and PC 
production) are determined relative to the baseline that is set at the 
level of control in absence of the rule. The emissions reductions 
associated with the application of the control or recovery devices for 
the regulated source categories are expected to be small as the AR, 
AMF, HF, and PC production facilities affected by this rule essentially 
already have a level of control equivalent to that determined to be 
MACT.
    Based on previous impacts analyses associated with the application 
of the control and recovery devices required under the standards and 
because each of the four regulated source categories have only five or 
fewer major sources, we believe that there will be minimal, if any, 
adverse environmental or energy impacts associated with the final 
standards.
    Likewise, based on available information, we estimate that the cost 
and economic impacts of the final standards for the four source 
categories being regulated will be insignificant or minimal. The 
economic analyses for each of the four source categories can be 
obtained from the dockets established for these source categories (see 
ADDRESSES).

V. The Legal Basis for Generic MACT Approach

A. The Generic MACT Approach

    The basic objectives of generic MACT are to conserve our limited 
resources, avoid unnecessary duplication of effort, and encourage 
consistency in our regulatory determinations. The generic MACT concept 
is based on applying the knowledge that we have already gained in the 
development of MACT standards under section 112 of the Act to source 
categories with a small number of facilities. As the source category 
becomes smaller, the likelihood that the best control strategies will 
have already been implemented for the sources in that category also 
becomes smaller. Thus, as the source category becomes smaller, it is 
more important for us when determining MACT for existing sources to 
consider control strategies that have been evaluated for similar types 
of sources in other source categories.
    Just as we need to look beyond the source category itself in 
determining MACT for smaller source categories, the statutory MACT 
floor becomes increasingly less important as a regulatory safeguard as 
the number of facilities used to determine it declines. This is not 
only because the existing emission controls in a small source category 
are likely to be less representative of the range of practical 
technologies and strategies. It also is because, in the larger source 
categories,

[[Page 34859]]

the MACT floor is derived from a subset of all sources in the category 
which have achieved greater control.
    While we have concluded that the statutory scheme is in fact 
somewhat ambiguous with respect to deriving a MACT floor for source 
categories with five or fewer sources, in developing the generic MACT 
concept, we have nevertheless assumed that compliance with the MACT 
floor is required in all instances. However, we also have concluded 
that there are circumstances where we may reasonably determine 
compliance with the MACT floor without a separate numerical analysis. 
One circumstance where we believe a non-quantitative evaluation may be 
appropriate occurs when the information we have collected concerning 
sources in a small category (i.e. a category with five or fewer 
sources) supports a basic premise that they are similar to a larger 
group of previously regulated sources, and where we adopt a MACT 
standard which is based on the prior MACT determinations for the larger 
group of sources. In this circumstance, the small number of sources in 
the category, our prior experience with MACT determinations for similar 
sources in other categories, and the efficacious use of public and 
private resources make a non-quantitative evaluation of MACT floor 
compliance appropriate.
    In each of the prior standards from which a generic MACT standard 
is derived, we selected a level of control equal to or greater than the 
MACT floor for the category in question, and each of those MACT floors 
was itself derived from a subset of the category in question consisting 
of the best-controlled facilities. So long as our evaluation of the 
sources in a small category according to our criteria for similarity 
(as summarized below) indicates that they are like the sources we 
previously regulated, and we do a separate MACT analysis rather than 
adopting a generic standard whenever we find that the sources in the 
small category have achieved greater control or are otherwise unlike 
the previously regulated sources in a meaningful way, we believe that a 
generic standard will meet all the statutory requirements.
    Several commenters stated that the proposed generic MACT approach 
does not comply with the statutory scheme because a two-step analysis 
beginning with a numerical MACT floor determination is mandatory. To 
the extent that these comments are based on an assumption that our 
practice has always been to prepare a quantitative MACT floor analysis 
for a particular group of emission points before determining MACT for 
those emission points, this premise is incorrect. In some instances, we 
have determined that a particular MACT requirement is sufficient to 
assure compliance with the MACT floor based on a qualitative analysis 
of the emission points in question.
    We are not suggesting that the question of compliance with the 
statutory MACT floor can be disregarded. If the commenters have 
concluded that we intend to ignore this issue in developing generic 
MACT standards, they have misunderstood our proposal. However, to the 
extent that the commenters instead are arguing that we have no 
discretion to establish alternate methodologies for determining 
compliance with the MACT floor, we disagree.
    Even if we assume that the MACT floor provision applies to small 
categories, the statute requires only that we conclude that the MACT 
floor has been met by the promulgated standard. We do not agree that 
the statute requires us to use exactly the same methodology in every 
instance. A recent decision by the D.C. Court of Appeals expressly held 
that we ``have wide latitude in determining the extent of data-
gathering'' required to determine compliance with the MACT floor, and 
that we may base our conclusions on a ``reasonable inference.'' Sierra 
Club v. EPA, No. 97-1686 (D.C. Cir. March 2, 1999), slip op. at 7-9.
    No source category will be selected for inclusion in the Generic 
MACT program until we have collected the information pertaining to 
sources in that category necessary to evaluate such sources according 
to the specific criteria for similarity set forth below. In practice, 
these criteria cannot be applied unless we have collected information 
which would also be sufficient to permit a general qualitative 
assessment of those existing controls which would represent the MACT 
floor for that category. If the information we have collected for a 
category which is a candidate for Generic MACT suggests that a MACT 
standard derived from our prior MACT determinations for sources in 
other categories would be less stringent than a MACT floor derived from 
such existing controls, we will not utilize Generic MACT in that 
instance. We believe our process for seeking early stakeholder 
involvement in development of a proposed standard will assure that we 
have sufficient information concerning existing emission controls at 
affected facilities to apply these criteria.
    Generic MACT standards will always be adopted by notice and comment 
rulemaking. If we have incorrectly evaluated the issue of MACT floor 
compliance, affected sources in the category and other interested 
persons will have an opportunity to point this out during the comment 
period. If we conclude, based on such comments, that a small source 
category or one or more facilities within a small source category is 
not an appropriate candidate for generic MACT, we will not use our 
generic data base to determine MACT for that category or facility.
    There were no commenters who argued directly that a standard 
developed using the generic MACT approach might be insufficiently 
stringent to satisfy the MACT floor, although certain industry 
commenters did state that omission of a separate numerical MACT floor 
analysis is impermissible. In evaluating this argument, we believe that 
the key point is that the standard that affected industry sources must 
ultimately meet is MACT itself, not the MACT floor.
    If we were to erroneously adopt a Generic MACT standard less 
stringent than the MACT floor, this would have no adverse effect on the 
sources in question. Moreover, if we correctly determine MACT for a 
small source category and the resultant standard happens to be more 
stringent than the MACT floor for that category, the manner in which we 
determined compliance with the MACT floor would not be relevant when 
assessing any effect on the sources in question.
    The commenters may believe that doing a quantitative MACT floor 
analysis will assist us in discovering meaningful differences between 
the sources in a small category and the larger groups of facilities 
used in deriving the generic MACT standard to be applied to that 
category. These commenters may be concerned that our utilizing a 
generic approach in developing certain MACT standards will cause us to 
disregard such differences. This type of concern about the quality of 
our analysis on the issue of similarity is reasonable. We agree that 
the issue of similarity must be carefully evaluated before we elect to 
utilize a generic MACT approach for sources in a small category.
    One industry commenter states that the generic MACT approach does 
not meet statutory requirements because we must perform a ``cost-
benefit evaluation'' for each decision to impose control requirements 
beyond the MACT floor. This commenter contends that this cost-benefit 
evaluation must be based on the incremental costs and benefits of 
additional controls as compared to the MACT floor. This

[[Page 34860]]

commenter also asserts that this cost-benefit analysis would consider 
potential differences in ``public exposure'' and ``health benefits'' 
between the sources in a small category and the sources from which a 
generic MACT standard was derived. These comments do not correctly 
interpret statutory requirements.
    We are required to consider the cost of achieving emission 
reductions, and any non-air quality health and environmental impacts 
and energy requirements, in deciding what level of control constitutes 
MACT. This basic statutory requirement is applicable to all MACT 
standards, including any proposed generic MACT standard. Those emission 
controls which have already been demonstrated at facilities in the 
source category in question are obviously relevant to our determination 
of MACT. But the commenter is incorrect in implying that there is a 
direct connection between calculation of the MACT floor and the 
determination of MACT itself.
    The assertion by this commenter that public exposure or the direct 
health benefits of reductions in HAP emissions are a factor in 
establishing MACT is also incorrect. Congress created the present 
statutory approach requiring MACT standards to replace a prior process 
where NESHAPs were based on health risks rather than on the 
practicality of controls. Although we do not consider health risks in 
determining MACT, the relative magnitude of the incremental emission 
reductions which particular controls would achieve may be an element in 
our determination whether particular controls would be cost effective. 
Moreover, there are other Section 112 programs such as the urban 
strategy and residual risk assessment where we will be considering the 
potential health risks presented by HAPs.
    If a commenter persuades us that there are differences between a 
source or group of sources and the source categories from which we 
derived a generic MACT standard, and that these differences are 
sufficiently material to make adoption of that standard inappropriate 
(taking into account the cost of achieving emission reductions, and any 
non-air quality health and environmental impacts and energy 
requirements), we will establish MACT for that source or group of 
sources by an alternative methodology. In instances where it is 
appropriate, we may adopt such an alternative final standard as part of 
an existing rulemaking. We may also use elements of one of the standard 
standards in formulating an alternative standard for that source or 
group of sources.
    Indeed, there is an example of this approach among the standards we 
are promulgating today. We originally proposed to apply the same 
generic standard to all AMF production facilities. During the comment 
period, one of these facilities persuaded us that there are significant 
differences between AMF spinning operations and the sources from which 
we derived the proposed standard for spinning operations, which make 
emission controls based on enclosure of AMF spinning impractical. The 
degree of control which is attainable without enclosure also differs 
depending on whether an existing facility uses a suspension 
polymerization or solution polymerization process. The final standard 
includes separate requirements for each of these two types of spinning 
operations, but is otherwise based on generic MACT procedures.

B. Criteria for Determining Suitability of Generic MACT

    Three commenters noted that the criteria which we will use in 
deciding whether a small source category is a suitable candidate for 
use of generic MACT were discussed in the preamble of the proposal but 
were not included in the proposed regulatory text. These commenters 
recommended that we incorporate such criteria in the regulatory text.
    We agree that objective criteria for making the determination of 
similarity are needed and that we should apply such criteria in a 
consistent manner each time we elect to utilize generic MACT 
procedures. We also agree that we should discuss the criteria we are 
utilizing, and the manner in which we have applied such criteria, 
whenever we decide that a small source category is an appropriate 
candidate for the generic MACT approach.
    Although we do not believe that it is necessary that we incorporate 
such criteria in specific regulatory text, for the sake of clarity we 
will restate our criteria here. In deciding whether or not a source 
category or subcategory is sufficiently similar to a group of sources 
that we have previously regulated that it would be appropriate for us 
to derive generic control requirements from prior MACT determinations, 
we will consider each of the following factors:
    (1) Differences in the volume and concentration of HAP emissions,
    (2) Differences in the type of HAPs emitted,
    (3) Differences in the type of emission points subject to control,
    (4) Differences in the technical practicality and cost-
effectiveness of emission controls,
    (5) Whether the source category or subcategory being considered for 
generic control requirements presents unusual hazards that may have 
caused prior adoption of control requirements more stringent than those 
which would be derived from prior MACT determinations, and
    (6) Whether sources in the source category or subcategory being 
considered for generic control requirements have already achieved 
emission limitations more stringent than those which would be derived 
from prior MACT determinations. In addition to these criteria, we may 
also decide to consider other factors in making future similarity 
determinations.
    One commenter also raised a specific concern about the issue of 
similarity which suggests that the commenter did not fully understand 
our position. In the preamble we discussed factors which might undercut 
``the basic premise that [a small source category] is similar to the 
larger group of previously regulated sources.'' The commenter 
interpreted this statement as indicating that we might start with a 
basic premise of similarity for source categories under consideration 
for generic MACT which must then be refuted. This is an incorrect 
interpretation. We were referring to the basic premise of similarity 
which must be satisfied before we conclude that use of generic MACT is 
appropriate. We will apply our criteria first and will not select a 
source category for inclusion in generic MACT if we conclude that it is 
different in a material way from the sources we have previously 
regulated.

C. Adequacy of Notice and Comment

    One commenter argues that, since sources in a small source category 
could not have anticipated that previous MACT determinations for large 
source categories would serve as precedents for the MACT determination 
for their source category, generic MACT procedures deny due process to 
such sources. We strongly disagree with this argument. Things we learn 
in developing one standard are often useful when we develop subsequent 
standards. There is no reason why we should not use our previous 
experience in a constructive manner merely because a regulated party 
did not participate in the prior rulemaking.
    Each time generic MACT procedures are used, we will do notice and 
comment rulemaking. Each source in a small source category will have a 
full opportunity to explain why our

[[Page 34861]]

previous experience does not apply to its circumstances, or to argue 
otherwise that the source category is not a suitable candidate for the 
generic MACT approach.

D. Date for Determining New Sources

    One commenter expressed concern that sources in small categories 
subjected to Generic MACT in the future would be considered new sources 
if constructed or reconstructed after the proposal date for this 
current rulemaking. This result would not be reasonable and is not our 
intention. The date used to determine whether a source is a new source 
under section 112(a)(4) will be the date on which we specifically 
propose to apply Generic MACT standards to the source category in 
question.

VI. What Are the Significant Comments and Changes Made on the 
Proposed Standards?

    A complete summary of the public comments on the generic MACT 
standards and our responses are presented in the BID for the 
promulgated standards, as referenced in the ADDRESSES section of this 
preamble. The summary of comments and responses in the BID serve as the 
basis for the revisions that have been made to the standards between 
proposal and promulgation. We received many comments addressing a wide 
variety of issues, including the generic MACT approach and the proposed 
standards. The comments have been carefully considered, and, where 
determined to be appropriate by the Administrator, changes have been 
made in the promulgated standards.
    The following sections discuss the most significant issues raised 
by commenters and our responses to them.

A. MACT for Acrylic and Modacrylic Fiber Production--Changes Made Since 
Proposal

1. Definitions
    In today's final rule for AMF production, a definition of ``spin 
dope'' has been added to resolve applicability issues and to clarify 
the intent of the standards for spinning lines under the rules. In the 
proposed rule, spinning line control requirements were based on an 
applicability cutoff for AN concentration in the ``spinning solution or 
spin dope.'' Commenters stated that the use of the term spinning 
solution alone could cause some confusion because the bath into which 
the fiber polymer and solvent mixture (i.e., spin dope) is extruded is 
also referred to in these terms. They also suggested that the term 
``spin dope'' be defined to clarify that the concentration cutoff 
refers to the AN content of the mixture of polymer and solvent that is 
fed to the spinneret to form the fibers. The final rule contains the 
definition of spin dope and clarifies the use of both terms, spinning 
solution and spin dope, for purposes of applicability to control 
requirements.
2. Standards for Spinning Lines
    During the spinning process, unreacted monomer and organic solvent 
used to dissolve the polymer are volatilized into room air. Major 
process fugitive emission points include the filtering, spinning, 
washing, drying and crimping steps.
    At proposal, we concluded that if enclosures were constructed to 
capture the spinning process emissions, the resulting enclosed emission 
streams would have similar characteristics to the process vent streams 
covered by other parts of this standard where we had already determined 
MACT for similar vents in the chemical and related industries. This is 
the basis for the synthetic fiber new source performance standard 
(NSPS), 40 CFR Part 60 Subpart HHH, regarding volatile organic compound 
(VOC) emissions. Because of the AMF industry fiber spinning emission 
similarities, we concluded that MACT for AMF fiber spinning lines with 
a spinning monomer AN concentration equal to or greater than 100 ppmw 
was the use of an enclosure around the spinning and washing areas of 
the spinning line and venting the captured emissions of the enclosure 
to an appropriate control device. The overall AN emission reductions 
proposed were to achieve overall control efficiency of greater than or 
equal to 85 percent by weight. This value was proposed and is based on 
the assumption that the enclosure achieves a minimum capture efficiency 
of 90 percent by weight, and the captured vapor stream is routed to an 
organic recovery or destruction control device that achieves a total 
HAP reduction of 95 percent by weight or greater.
    The proposed rule contained flexibility for facilities in selecting 
methods to reduce HAP emissions from their operations. There are two 
types of polymerization and spinning operations utilized at AMF 
production plants: solution and suspension processes. Several of the 
plants using the suspension process have used source reduction/
pollution prevention techniques to significantly reduce the amount of 
residual AN monomer in the fiber spinning solution or spin dope. By 
reducing the AN content prior to spinning and fiber processing, this 
source reduction technique reduces the amount of AN that is ultimately 
volatilized into the room air and emitted to the atmosphere. The 
proposal preamble argued that it was appropriate to establish an 
alternative for those owners and operators who prefer to use source 
reduction or pollution prevention measures to reduce spinning line AN 
emissions rather than install capture/add-on control systems for their 
spinning lines under the individual source standards. Specifically, a 
maximum limit on the residual AN content within the spinning monomer 
which provided a level of AN emission control comparable to add-on 
controls was proposed. This was represented by the 100 ppmw cutoff in 
table 2 of the proposed rule. Therefore, in the proposed rule, capture/
add-on control systems were required only for those spinning lines 
using a spinning solution or spin dope having a total organic HAP 
(i.e., AN monomer) concentration equal or greater than 100 ppmw. The 
100 ppmw criterion or action level was based on estimates of the amount 
of residual AN monomer in the spin dope found in suspension 
polymerization process with application of source reduction measures 
(i.e., pollution prevention) to remove the residual AN prior to 
spinning.
    Public comments on the proposal argued that the similarity 
arguments regarding capture/add-on control systems were not valid. They 
also argued that there are differences between existing solution and 
suspension processes which need to be considered in establishing 
emission limits for existing processes. We reassessed the control 
requirements for spinning operations based on these comments. In doing 
so, a series of questions were considered, as outlined in the following 
paragraphs.
    i. Are there capture/control systems being used on spinning 
operations in this industry? Do we have MACT regulations requiring 
capture/add-on control for similar processes in other industries? In 
practice, there are no AMF production facilities within this source 
category which have enclosed and captured the emissions from their 
spinning lines and vented them to a control device. The success of add-
on controls system applications to existing fiber spinning lines relies 
on enclosure of the existing spinning lines. The MACT process vent 
rules used as the basis for the similarity argument in the proposal 
preamble apply to processes which are typically already enclosed (e.g., 
reactors) or very easily enclosed as a normal part of the process, 
whether

[[Page 34862]]

the emissions are controlled or not. Enclosing spinning operations 
requires consideration of a variety of factors such as worker access 
and safety requirements that must be factored into retrofitting designs 
unique to this industry. We have not been able, at this time, to 
identify MACT standards beyond those considered at proposal which apply 
to situations sufficiently similar to the AMF spinning lines to use as 
the basis for a similarity argument.
    Some existing spinning line processes are subject to the NSPS for 
synthetic fiber production plants. The commenters pointed out that 
these spinning lines are in compliance with the NSPS through source 
reduction measures rather than the NSPS identified reduction techniques 
of installing enclosures and add-on control devices. As a result of our 
review of the spinning line emissions and proposed rule basis of 
enclosure and control, we have concluded that the original assumption 
of similar enclosure and control applications does not apply to these 
existing spinning lines.
    ii. Can the pollution prevention control techniques being used by 
several of the plants with suspension spinning operations be used for 
the solution process in existing facilities? Although the air emission 
and source characteristics for all other emission point types (i.e., 
tanks, equipment components, wastewater treatment units) are similar 
throughout the source category, the solution and suspension processes 
associated with the spinning operations differ from each other in the 
processing steps and the acrylonitrile concentrations in the process 
materials and associated emissions. Solution polymerization spin dope 
for fiber production contains, by product and process design, a 
significantly higher concentration of residual AN monomer than does 
suspension polymerization. The public comments argued that the 
application of the pollution prevention techniques being used for 
suspension processes (e.g., steam stripping of excess monomer, 
scavenger solvents) to existing solution processes is not viable 
because of the physical nature of the solution polymerization process. 
Specifically, application of high efficiency residual AN polymer steam 
stripping (incorporated to reduce downstream emissions) is technically 
feasible to incorporate into the suspension process and is not feasible 
for a solution polymerization process because the latter does not 
produce a solid polymer product that can be introduced to direct steam 
contact without contamination. At solution polymerization facilities, 
other pollution prevention or source reduction measures which formed 
the initial technical basis for determining the 100 ppmw action level 
for all spinning lines may not be capable of achieving the higher AN 
removal rates of the higher residual monomer concentration present in 
solution polymerization fiber spinning operations. We agree with the 
public comments that incorporating the pollution prevention techniques 
to an existing solution process spinning line is not viable.
    iii. Are there any other control systems that could be applied to 
the solution process? We considered control of all HAP emissions from 
the entire building's exhaust system. Such an exhaust would have very 
high flow/low pollutant concentration stream; such streams are 
typically difficult to control to a high level of efficiency and also 
require very large, expensive control devices. In addition, the public 
comments pointed out that retrofitting carbon adsorption to the 
building exhaust may not be a technically viable alternative for 
existing AMF spinning lines. This is because low volatility organic 
solvent is typically used in the solution process to provide the 
reductions of VOC emissions to meet the NSPS. This solvent has a much 
higher molecular weight and boiling point than either the AN or organic 
solvents typically used. Solvents are also present in a higher emission 
exhaust concentration relative to the AN; thus, exacerbating common 
carbon bed adsorption/desorption problems. This is a reasonable 
argument with respect to the specific solvent formulation and 
concentration anticipated at the emission point (building exhaust). The 
use of activated carbon appears to have limited feasibility because of 
carbon adsorption interferences caused by the non-HAP, low volatility 
organic solvent used in the spinning process. In addition, the presence 
of a solvent with a high boiling point makes cost-effective measures 
such as on-site regeneration of the activated carbon less effective or 
viable for consideration. We, therefore, have not identified at this 
time a basis for requiring building exhaust control systems for 
solution processes. There can also be potential difficulties associated 
with retrofitting other conventional control technologies at existing 
fiber spinning lines. The particular solvents used on some spinning 
operations may require that a scrubber be installed in addition to a 
catalytic or thermal incinerator to control pollutants generated as by-
products of combustion. In addition, the catalyst used for catalytic 
incineration devices may also be limited because the solvent used in 
some of the affected existing operations will foul or poison 
conventional catalyst.
    iv. What changes need to be made to the final rule for existing 
sources to reflect these considerations? We concluded that there is no 
basis at this time to require capture and control systems for existing 
AMF fiber spinning operations. Therefore, the 85 percent control 
requirement is being removed for existing AMF spinning operations.
    In addition, the solution and suspension processes are being 
treated separately in the final rule to better reflect spin dope AN 
concentrations and subsequent emissions relative to the two types of 
polymerization processes used in this industry. The performance 
requirement based on source reduction measures (i.e., formatted in 
terms of the spin dope AN concentration) is being retained for existing 
suspension polymerization processes; this will ensure that facilities 
continue to use the techniques they have already adopted. Therefore, a 
separate performance requirement or emission limit (i.e., the 100 ppmw 
spin dope criterion for suspension polymerization) is being included in 
the final rule to reflect the differences in spinning solution or spin 
dope residual AN concentrations and the technical feasibility of 
applying source reduction measures at existing facilities. In the 
proposed rule, the spin dope concentration limit was formatted as an 
applicability criterion for the spinning line control requirements; in 
the final rule, the format has been changed to specify the limit as an 
alternative performance standard. This is considered a format change 
only and does not result in any substantive changes to the source 
requirements. No control requirements are specified for solution 
polymerization processes at existing sources. We will reexamine the 
applicability of various control system options for spinning operations 
using the solution process during the residual risk analysis phase of 
these standards. Any new information will be collected and the 
viability of systems designed specifically for this industry will be 
assessed.
    v. Are there any changes for new sources? The final requirements 
for AMF fiber spinning lines that are part of a new or modified source 
remain as proposed. The operating and design constraints that limit the 
application of enclosures and controls at new spinning operations 
(e.g., selection of solvents from a variety of possible solvents used 
for particular fibers, reactor process

[[Page 34863]]

modifications to accommodate new monomers, spin line configuration 
layouts, and other process and site considerations), are not limiting 
factors for new and modified sources; therefore, the new and modified 
source MACT requirements are not being significantly revised. The 85 
percent reduction option has been retained for new sources in order to 
provide flexibility for future development of means to achieve 
equivalent emission reductions, and the source reduction performance 
limit (i.e., the 100 ppmw spin dope concentration) is also included to 
provided operational and control flexibility.
    An additional control option for new and modified sources that was 
not proposed is being added to the final rule. This option is part of 
the individual source standards in Sec. 63.1103(b)(3)(i) and allows the 
owner or operator to reduce AN emissions from a spinning line that is a 
part of a new or modified source to less than or equal to 0.25 
kilograms per Mg of fiber produced (i.e., 0.5 lb per ton). This 
alternative standard will allow greater flexibility to facility owners 
and operators in selecting the type of controls, including pollution 
prevention measures, that can be applied to their spinning operations 
to reduce HAP emissions.
    An additional change is being made to the AMF standards to correct 
an inadvertent typographical error. In Table 3 to Sec. 63.1103 that 
lists the requirements for owners and operators complying with 
paragraph (b)(3)(ii) of the section, the facility-wide emission limits 
are presented as ``. . . less than or equal to 1.0 kilograms (kg) pf 
acrylonitrile per megagram (mg) of fiber produced'' for existing 
sources and ``* * * less than or equal to 0.5 kilograms (kg) of 
acrylonitrile per megagram (mg) of fiber produced'' for new sources. 
These values should read ``* * * less than or equal to 0.5 kilograms 
(kg) of acrylonitrile per megagram (mg) of fiber produced (i.e., 1.0 
pound AN per ton of fiber produced)'' for existing sources and ``* * * 
less than or equal to 0.25 kilograms (kg) of acrylonitrile per megagram 
(mg) of fiber produced (i.e., 0.5 pound AN per ton of fiber produced)'' 
for new sources. The correct values for the emissions limits are 
clearly stated in the preamble to the proposed rule (63 FR 55185, 
October 14, 1998). These same values are also included in our 
presumptive MACT document (Docket Item 11-A-5 in Docket No. A-97-18) 
that was developed in collaboration with the industry and State and 
local agencies.

B. Process and Maintenance Wastewater Stream Provisions

    Two commenters provided comment on the process wastewater stream 
provisions proposed on October 14, 1998. One commenter provided that 
the proposed provisions do not specify the location for determining HAP 
concentration. The commenter stated that it seems appropriate to make 
this determination at the entrance to each wastewater treatment system 
unit. The commenter recommended that a definition for ``point of 
determination'' be made and that references to ``point of generation'' 
be changed to ``point of determination.'' The commenter also stated 
that an owner or operator should be allowed to use all of the test 
methods specified in subparts F,G, and H of this part (collectively 
known as the ``HON'') when determining HAP concentrations in 
wastewater.
    Another commenter stated that there was no information or 
requirements for treatment or destruction of wastewater streams leaving 
the process unit, and that the proposal only requires control of 
secondary emissions from equipment handling the wastewater stream.
    Based on comments received, and evaluation of the proposed process 
and maintenance wastewater stream provisions, we agree that the 
proposed process and maintenance wastewater stream provisions were not 
adequate. In addition to the identified applicability procedures and 
treatment requirement deficiencies, we identified a number of other 
deficiencies in the proposed standards that were not intended.
    Therefore, we have deferred taking final action regarding 
provisions applicable to process and maintenance wastewater streams for 
the AR, AMF, and PC production source categories. We have withdrawn the 
proposed process and maintenance wastewater provisions from the 
promulgated rule.
    In a SNPR published elsewhere in today's Federal Register, we 
reopen the comment period specifically to request additional comment on 
proposed amendments to the promulgated standards for process and 
maintenance wastewater for the AR, AMF, and PC production source 
categories. The amendments to the promulgated standards incorporate and 
cross-reference appropriate process and maintenance wastewater 
provisions of the HON for the AR, AMF, and PC production source 
categories. These amendments respond to comments received, eliminate 
identified deficiencies that existed in the proposed standards, and 
reflect our intent.
    We plan to take final action regarding the amendments to the 
proposed provisions for process wastewater streams for the AR, AMF, and 
PC production source categories by November 15, 1999.

VII. Administrative Requirements

A. Docket

    The docket is an organized and complete file of the administrative 
record compiled by us in the development of this rule. The docket is a 
dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the statement of basis and purpose of the proposed and 
promulgated standards and our responses to significant comments, the 
contents of the docket will serve as the record in case of judicial 
review (except for interagency review materials) (see 42 U.S.C. 
7607(d)(7)(A)).

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq. An Information Collection Request (ICR) document 
has been prepared by us (ICR No. 1871.02) and a copy may be obtained 
from Sandy Farmer, OPPE Regulatory Information Division, U.S. 
Environmental Protection Agency (2137), 401 M Street, SW, Washington, 
DC 20460 or by calling (202) 260-2740. The information requirements are 
not effective until OMB approves them.
    The information collections required under this rule are needed as 
part of the overall compliance and enforcement program. The information 
will be used by us to ensure that the regulated entities are in 
compliance with the rule. In addition, our authority to take 
administrative action would be reduced significantly without the 
collected information. The recordkeeping and reporting requirements are 
mandatory and are being established under section 114 of the Act. The 
generic MACT standards require owners or operators of affected sources 
to retain records for a period of 5 years. The 5-year retention period 
is consistent with the General Provisions (subpart A) of 40 CFR part 
63, and with the 5-year record retention requirement in the operating 
permit program under title V of the Act.

[[Page 34864]]

    All information submitted to us for which a claim of 
confidentiality is made will be safeguarded according to our policies 
set forth in title 40, chapter 1, part 2, subpart B, Confidentiality of 
Business Information (see 40 CFR part 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).
    The total estimated annual average hourly and annual average cost 
burden per respondent for the standards for the AR production, AMF 
production, HF production, and PC production source categories are 
6,125 hours and $262,700. These burden hour and cost estimates for 
monitoring, recordkeeping, and reporting are aggregated for affected 
sources and averaged over the first 3 years of the rule.
    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.
    Any 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 our 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, we have determined 
that this final rule may be construed as a ``significant regulatory 
action'' under criterion (4) above. Today's final rule may be 
considered novel in certain respects because it includes new policies 
and procedures pertaining to a generic MACT program, which will be 
utilized by us in establishing NESHAP under section 112 of the Act for 
certain small source categories consisting of five or fewer sources. As 
part of this generic MACT program, we will be using an alternative 
methodology under which the we will make MACT determinations for 
appropriate small categories by referring to previous MACT standards 
that have been promulgated for similar sources in other categories. The 
basic purposes of this generic MACT program are to use public and 
private sector resources efficiently and to promote regulatory 
consistency and predictability in MACT standard development.

D. Executive Order 12875

    Under Executive Order 12875, we may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or we consult with those governments. If we comply by 
consulting, Executive Order 12875 requires us to develop an effective 
process permitting elected officials and other representatives of 
State, local and tribal governments ``to provide meaningful and timely 
input in the development of regulatory proposals containing significant 
unfunded mandates.'' Today's rule implements requirements specifically 
set forth by the Congress in section 112 of the Act without the 
exercise of any discretion by us. Accordingly, the requirements of 
section 1(a) of Executive Order 12875 do not apply to this rule.

E. Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act of 1996

    The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, et 
seq.), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), requires the EPA to give special consideration to 
the effect of Federal regulations on small entities and to consider 
regulatory options that might mitigate any such impacts. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions.
    Each of the specific MACT standards adopted in this rulemaking 
applies to a source category with five or fewer major sources; 
therefore, this rule will not have a significant impact on a 
substantial number of small entities, and a regulatory flexibility 
analysis was determined to be unnecessary.
    The Generic MACT procedures we are announcing today may also be 
applied to other small source categories in the future. Moreover, it is 
possible that the MACT standards for some larger source categories may 
reference or incorporate some element of the generic standards we are 
adopting for certain types of emission points. In any case, the nature 
of any regulatory impacts and the applicability of RFA requirements are 
matters that will be separately addressed in any subsequent rulemaking 
that utilizes Generic MACT procedures or incorporates generic 
standards.
    Although it was not required by the statute, we conducted a limited 
assessment of possible outcomes and the economic effect of the proposed 
standards on small entities as part of the economic analysis conducted 
before proposal for each of the source categories for which standards 
are being promulgated. These limited assessments showed no adverse 
economic effect for any small entities within any of these source 
categories. Changes that have been made since proposal do not change 
the results of these assessments. The economic analysis for each of the 
source categories for which standards are being promulgated can be 
obtained from the source category-specific dockets established for each 
of the source categories (see Docket in ADDRESSES section for 
individual docket numbers).

F. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act (UMRA) of 
1995, Pub. L. 104-4, we must prepare a budgetary impact statement to 
accompany any proposed or final rule that includes a Federal mandate 
that may result in estimated costs to State, local or tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Section 203 requires us to establish a 
plan for obtaining input from and

[[Page 34865]]

informing, educating, and advising any small governments that may be 
significantly or uniquely affected by the rule.
    Under section 205 of UMRA, we must identify and consider a 
reasonable number of regulatory alternatives before promulgating a rule 
for which a budgetary impact statement must be prepared. The Agency 
must select from those alternatives the least burdensome alternative 
for State, local, and tribal governments and the private sector that 
achieves the objectives of the rule, unless the Agency explains why 
this alternative is not selected or unless the selection of this 
alternative is inconsistent with law.
    Because this final rule does not include 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, we have not prepared a budgetary impact statement or specifically 
addressed the selection of the least costly, most cost-effective, or 
least burdensome alternative. In addition, because small governments 
will not be significantly or uniquely affected by this rule, we are not 
required to develop a plan with regard to small governments. Therefore, 
the requirements of UMRA do not apply to this final rule.

G. Submittal to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA of 1996, provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. Therefore, we will submit a 
report containing this rule and other required information to the 
United States Senate, the United States House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. A major rule cannot take effect until 
60 days after it is published in the Federal Register. This rule is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
effective June 29, 1999.

H. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (the NTTAA), Pub. L. No. 104-113, Sec. 12(d) 
(15 U.S.C. 272 note), we are directed to use voluntary consensus 
standards instead of government-unique standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. By doing so, the Act is intended to reduce the 
cost to the private and public sectors.
    Voluntary consensus standards are technical standards (e.g., 
materials specifications, test methods, sampling procedures, etc.) that 
are developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), International Organization for Standardization (IOS), 
International Electrotechnical Commission (IEC), American Petroleum 
Institute (API), National Fire Protection Association (NFPA), and the 
Society of Automotive Engineers (SAE). The NTTAA requires Federal 
agencies like us to provide Congress, through OMB, explanations when 
the we decide not to use available and applicable voluntary consensus 
standards.
    This action does not require the use of any new technical 
standards. It does, however, incorporate by reference existing 
technical standards, including government-unique technical standards. 
The technical standards included in this final rule are standards that 
have been proposed and promulgated under other rulemakings for similar 
source control applicability and compliance determinations. In response 
to the proposed rule, we received no comments pertaining to the use of 
additional voluntary consensus standards in lieu of those included 
under other rulemakings and incorporated by reference in this final 
rule.
    As part of a larger effort, we are undertaking a project to cross-
reference existing voluntary consensus standards in testing, sampling, 
and analysis, with current and future EPA test methods. When completed, 
this project will assist us in identifying potentially applicable 
voluntary consensus standards that can then be evaluated for 
equivalency and applicability in determining compliance with future 
regulations.

I. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that we determine (1) is economically 
significant as defined under Executive Order 12866, and (2) the 
environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental 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 us.
    This final rule is not subject to Executive Order 13045 because it 
is not an economically significant regulatory action as defined by 
Executive Order 12866. No children's risk analysis was performed for 
this rulemaking because the agency does not have the data necessary to 
conduct such analysis, and cannot obtain such data with available 
resources.

J. Executive Order 13084

    Under Executive Order 13084, we 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 
cost incurred by the tribal governments, or we consult with those 
governments. If we comply by consulting, Executive Order 13084 requires 
us to 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 our 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 us to develop an effective process 
permitting elected officials 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 implements requirements specifically 
set forth by Congress in section 112 of the Act without the exercise of 
any discretion by us. Accordingly, the requirements of section 3(b) of 
Executive Order 13084 do not apply to this rule.

List of Subjects for 40 CFR Part 63

    Environmental protection, Acetal resins production, Acrylic and 
modacrylic fiber production, Administrative practice and procedure, Air 
pollution control, Equipment leaks, Fiber spinning lines, Hazardous 
substances, Hydrogen fluoride production, Intergovernmental relations, 
Kilns, Polycarbonate production, Process vents, Reporting and 
recordkeeping requirements, Storage vessels, Transfer.


[[Page 34866]]


    Dated: May 14, 1999.
Carol M. Browner,
Administrator.

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

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

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

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

    2. Part 63 is amended by adding subpart SS, consisting of 
Secs. 63.980 through 63.999, to read as follows.

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

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

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


Sec. 63.980  Applicability.

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


Sec. 63.981  Definitions.

    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a reference test or equivalent method, 
and that has been demonstrated to the Administrator's satisfaction, 
using Method 301 in appendix A of this part 63, or previously approved 
by the Administrator prior to the promulgation date of standards for an 
affected source or affected facility under a referencing subpart, to 
produce results adequate for the Administrator's determination that it 
may be used in place of a test method specified in this subpart.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    By compound means by individual stream components, not carbon 
equivalents.
    Closed vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow inducing devices that transport gas or vapor from an 
emission point to a control device. Closed vent system does not include 
the vapor collection system that is part of any tank truck or railcar.
    Closed vent system shutdown means a work practice or operational 
procedure that stops production from a process unit or part of a 
process unit during which it is technically feasible to clear process 
material from a closed vent system or part of a closed vent system 
consistent with safety constraints and during which repairs can be 
effected. An unscheduled work practice or operational procedure that 
stops production from a process unit or part of a process unit for less 
than 24 hours is not a closed vent system shutdown. An unscheduled work 
practice or operational procedure that would stop production from a 
process unit or part of a process unit for a shorter period of time 
than would be required to clear the closed vent system or part of the 
closed vent system of materials and start up the unit, and would result 
in greater emissions than delay of repair of leaking components until 
the next scheduled closed vent system shutdown, is not a closed vent 
system shutdown. The use of spare equipment and technically feasible 
bypassing of equipment without stopping production are not closed vent 
system shutdowns.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.998(b).
    Control device means, with the exceptions noted below, a combustion 
device, recovery device, recapture device, or any combination of these 
devices used to comply with this subpart or a referencing subpart. For 
process vents from continuous unit operations at affected sources in 
subcategories where the applicability criteria includes a TRE index 
value, recovery devices are not considered to be control devices. 
Primary condensers on steam strippers or fuel gas systems are not 
considered to be control devices.
    Control System means the combination of the closed vent system and 
the control devices used to collect and control vapors or gases from a 
regulated emission source.
    Day means a calendar day.
    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.
    Final recovery device means the last recovery device on a process 
vent stream from a continuous unit operation at an affected source in a 
subcategory where the applicability criteria includes a TRE index 
value. The final recovery device usually discharges to a combustion 
device, recapture device, or directly to the atmosphere.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Sec. 63.983(c) to verify whether the leak is repaired, unless the owner 
or operator determines by other means that the leak is not repaired.
    Flame zone means the portion of the combustion chamber in a boiler 
or

[[Page 34867]]

process heater occupied by the flame envelope.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous streams generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous streams for use as fuel gas in combustion 
devices or in-process combustion equipment such as furnaces and gas 
turbines, either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards, such as ANSI 
B31.3.
    High throughput transfer rack means those transfer racks that 
transfer a total of 11.8 million liters per year or greater of liquid 
containing regulated material.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by 
ducts or connections carrying flue gas. The above energy recovery 
section limitation does not apply to an energy recovery section used 
solely to preheat the incoming vent stream or combustion air.
    Low throughput transfer rack means those transfer racks that 
transfer less than a total of 11.8 million liters per year of liquid 
containing regulated material.
    Operating parameter value means a minimum or maximum value 
established for a control device parameter which, if achieved by itself 
or in combination with one or more other operating parameter values, 
determines that an owner or operator has complied with an applicable 
emission limit or operating limit.
    Organic monitoring device means a unit of equipment used to 
indicate the concentration level of organic compounds based on a 
detection principle such as infra-red, photo ionization, or thermal 
conductivity.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a regulated source or a stationary source of 
which a regulated source is a part.
    Performance level means the level at which the regulated material 
in the gases or vapors vented to a control or recovery device is 
removed, recovered, or destroyed. Examples of control device 
performance levels include: achieving a minimum organic reduction 
efficiency expressed as a percentage of regulated material removed or 
destroyed in the control device inlet stream on a weight-basis; 
achieving an organic concentration in the control device exhaust stream 
that is less than a maximum allowable limit expressed in parts per 
million by volume on a dry basis corrected to 3 percent oxygen if a 
combustion device is the control device and supplemental combustion air 
is used to combust the emissions; or maintaining appropriate control 
device operating parameters indicative of the device performance at 
specified values.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission limit as specified in 
the performance test section of this subpart or in the referencing 
subpart.
    Primary fuel means the fuel that provides the principal heat input 
to a device. To be considered primary, the fuel must be able to sustain 
operation without the addition of other fuels.
    Process heater means an enclosed combustion device that transfers 
heat liberated by burning fuel directly to process streams or to heat 
transfer liquids other than water. A process heater may, as a secondary 
function, heat water in unfired heat recovery sections.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are 
not limited to, absorbers, carbon adsorbers, and condensers. For 
purposes of the monitoring, recordkeeping and reporting requirements of 
this subpart, recapture devices are considered recovery devices.
    Recovery device means an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for fuel 
value (i.e., net positive heating value), use, reuse, or for sale for 
fuel value, use, or reuse. Examples of equipment that may be recovery 
devices include absorbers, carbon adsorbers, condensers, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. For purposes 
of the monitoring, recordkeeping, and reporting requirements of this 
subpart, recapture devices are considered recovery devices.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to vapors 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
or hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by a referencing subpart.
    Regulated source for the purposes of this subpart, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a relevant standard or other 
requirement established pursuant to a referencing subpart.
    Repaired, for the purposes of this subpart, means that equipment; 
is adjusted, or otherwise altered, to eliminate a leak as defined in 
the applicable sections of this subpart; and unless otherwise specified 
in applicable provisions of this subpart, is inspected as specified in 
Sec. 63.983(c) to verify that emissions from the equipment are below 
the applicable leak definition.
    Routed to a process or route to a process means the gas streams are 
conveyed to any enclosed portion of a process unit where the emissions 
are recycled and/or consumed in the same manner as a material that 
fulfills the same function in the process; and/or transformed by 
chemical reaction into materials that are not regulated materials; and/
or incorporated into a product; and/or recovered.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle 
as specified in this subpart. Unless otherwise specified, a run may be 
either intermittent or continuous within the limits of good engineering 
practice.
    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.
    Specific gravity monitoring device means a unit of equipment used 
to monitor specific gravity and having a minimum accuracy of 
0.02 specific gravity units.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a

[[Page 34868]]

minimum accuracy of 1 percent of the temperature being 
monitored expressed in degrees Celsius or 1.2 degrees 
Celsius ( deg.C), whichever is greater.


Sec. 63.982  Requirements.

    (a) General compliance requirements for storage vessels, process 
vents, transfer racks, and equipment leaks. An owner or operator who is 
referred to this subpart for controlling regulated material emissions 
from storage vessels, process vents, low and high throughput transfer 
racks, or equipment leaks by venting emissions through a closed vent 
system to a flare, nonflare control device or routing to a fuel gas 
system or process shall comply with the applicable requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) Storage vessels. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(1), and (d) of this 
section.
    (2) Process vents. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(2), and (e) of this 
section.
    (3) Transfer racks. (i) For low throughput transfer racks, the 
owner or operator shall comply with the applicable provisions of 
paragraphs (b), (c)(1), and (d) of this section.
    (ii) For high throughput transfer racks, the owner or operator 
shall comply with the applicable provisions of paragraphs (b), (c)(2), 
and (d) of this section.
    (4) Equipment leaks. The owner or operator shall comply with the 
applicable provisions of paragraphs (b), (c)(3), and (d) of this 
section.
    (b) Closed vent system and flare. Owners or operators that vent 
emissions through a closed vent system to a flare shall meet the 
requirements in Sec. 63.983 for closed vent systems; Sec. 63.987 for 
flares; Sec. 63.997 (a), (b) and (c) for provisions regarding flare 
compliance assessments; the monitoring, recordkeeping, and reporting 
requirements referenced therein; and the applicable recordkeeping and 
reporting requirements of Secs. 63.998 and 63.999. No other provisions 
of this subpart apply to emissions vented through a closed vent system 
to a flare.
    (c) Closed vent system and nonflare control device. Owners or 
operators who control emissions through a closed vent system to a 
nonflare control device shall meet the requirements in Sec. 63.983 for 
closed vent systems, the applicable recordkeeping and reporting 
requirements of Secs. 63.998 and 63.999, and the applicable 
requirements listed in paragraphs (c)(1) through (3) of this section.
    (1) For storage vessels and low throughput transfer racks, the 
owner or operator shall meet the requirements in Sec. 63.985 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 or storage 
vessel emissions vented through a closed vent system to a nonflare 
control device unless specifically required in the monitoring plan 
submitted under Sec. 63.985(c).
    (2) For process vents and high throughput transfer racks, the owner 
or operator shall meet the requirements applicable to the control 
devices being used in Sec. 63.988, Sec. 63.990 or Sec. 63.995; the 
applicable general monitoring requirements of Sec. 63.996 and the 
applicable performance test requirements and procedures of Sec. 63.997; 
and the monitoring, recordkeeping and reporting requirements referenced 
therein. Owners or operators subject to halogen reduction device 
requirements under a referencing subpart must also comply with 
Sec. 63.994 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. The requirements of Sec. 63.984 
through Sec. 63.986 do not apply to process vents or high throughput 
transfer racks.
    (3) For equipment leaks, owners or operators shall meet the 
requirements in Sec. 63.986 for nonflare control devices used for 
equipment leak emissions and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to equipment leak emissions vented through a closed vent 
system to a nonflare control device.
    (d) Route to a fuel gas system or process. Owners or operators that 
route emissions to a fuel gas system or to a process shall meet the 
requirements in Sec. 63.984, the monitoring, recordkeeping, and 
reporting requirements referenced therein, and the applicable 
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No 
other provisions of this subpart apply to emissions being routed to a 
fuel gas system or process.
    (e) Final recovery devices. Owners or operators who use a final 
recovery device to maintain a TRE above a level specified in a 
referencing subpart shall meet the requirements in Sec. 63.993 and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein that are applicable to the recovery device being used; the 
applicable monitoring requirements in Sec. 63.996 and the recordkeeping 
and reporting requirements referenced therein; and the applicable 
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No 
other provisions of this subpart apply to process vent emissions routed 
to a final recovery device.
    (f) Combined emissions. When emissions from different emission 
types (e.g., emissions from process vents, transfer racks, and/or 
storage vessels) are combined, an owner or operator shall comply with 
the requirements of either paragraph (f)(1) or (2) of this section.
    (1) Comply with the applicable requirements of this subpart for 
each kind of emissions in the stream (e.g., the requirements of 
Sec. 63.982(a)(2) for process vents, and the requirements of 
Sec. 63.982(a)(3) for transfer racks); or
    (2) Comply with the first set of requirements identified in 
paragraphs (f)(2)(i) through (iii) of this section which applies to any 
individual emission stream that is included in the combined stream. 
Compliance with paragraphs (f)(2)(i) through (iii) of this section 
constitutes compliance with all other emissions requirements for other 
emission streams.
    (i) The requirements of Sec. 63.982(a)(2) for process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 63.982(a)(3)(ii) for high throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec. 63.982(a)(1) or (a)(3)(i) for 
control of emissions from storage vessels or low throughput transfer 
racks, including applicable monitoring, recordkeeping, and reporting.


Sec. 63.983  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. Except 
for closed vent systems operated and maintained under negative 
pressure, the provisions of this paragraph apply to closed vent systems 
collecting regulated material from a regulated source.
    (1) Collection of emissions. Each closed vent system shall be 
designed and operated to collect the regulated material vapors from the 
emission point, and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with 
the provisions of this subpart shall be operated at all times when 
emissions are vented to, or collected by, them.
    (3) Bypass monitoring. Except for equipment needed for safety 
purposes such as pressure relief devices, low leg drains, high point 
bleeds, analyzer vents, and open-ended valves or lines, the owner or 
operator shall comply with

[[Page 34869]]

the provisions of either paragraphs (a)(3)(i) or (ii) of this section 
for each closed vent system that contains bypass lines that could 
divert a vent stream to the atmosphere.
    (i) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.998(d)(1)(ii)(A). The flow indicator 
shall be installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the non-diverting position 
with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure the valve is maintained in the non-diverting 
position and the vent stream is not diverted through the bypass line. 
Records shall be generated as specified in Sec. 63.998(d)(1)(ii)(B).
    (4) Loading arms at transfer racks. Each closed vent system 
collecting regulated material from a transfer rack shall be designed 
and operated so that regulated material vapors collected at one loading 
arm will not pass through another loading arm in the rack to the 
atmosphere.
    (5) Pressure relief devices in a transfer rack's closed vent 
system. The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's closed vent system shall open to the atmosphere 
during loading. Pressure relief devices needed for safety purposes are 
not subject to this paragraph.
    (b) Closed vent system inspection requirements. The provisions of 
this subpart apply to closed vent systems collecting regulated material 
from a regulated source. Inspection records shall be generated as 
specified in Sec. 63.998(d)(1)(iii) and (iv) of this section.
    (1) Except for any closed vent systems that are designated as 
unsafe or difficult to inspect as provided in paragraphs (b)(2) and (3) 
of this section, each closed vent system shall be inspected as 
specified in paragraph (b)(1)(i) or (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) of this section.
    (A) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section; and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the 
owner or operator shall conduct an initial and annual inspection 
according to the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated, as 
described in Sec. 63.998(d)(1)(i), as unsafe to inspect are exempt from 
the inspection requirements of paragraph (b)(1) of this section if the 
conditions of paragraphs (b)(2)(i) and (ii) of this section are met.
    (i) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph (b)(1) 
of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as 
described in Sec. 63.998(d)(1)(i), as difficult-to-inspect are exempt 
from the inspection requirements of paragraph (b)(1) of this section if 
the provisions of paragraphs (b)(3)(i) and (ii) of this section apply.
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (c) Closed vent system inspection procedures. The provisions of 
this paragraph apply to closed vent systems collecting regulated 
material from a regulated source.
    (1) Each closed vent system subject to this paragraph shall be 
inspected according to the procedures specified in paragraphs (c)(1)(i) 
through (vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A, except as specified in this section.
    (ii) Except as provided in (c)(1)(iii) of this section, the 
detection instrument shall meet the performance criteria of Method 21 
of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 must be for the 
representative composition of the process fluid and not of each 
individual VOC in the stream. For process streams that contain 
nitrogen, air, water, or other inerts that are not organic HAP or VOC, 
the representative stream response factor must be determined on an 
inert-free basis. The response factor may be determined at any 
concentration for which the monitoring for leaks will be conducted.
    (iii) If no instrument is available at the plant site that will 
meet the performance criteria of Method 21 specified in 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) 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.
    (2) The instrument probe shall be traversed around all potential 
leak interfaces 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

[[Page 34870]]

be performed when the equipment is in regulated material service, or in 
use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated 
material from a transfer rack shall be performed only while a tank 
truck or railcar is being loaded or is otherwise pressurized to normal 
operating conditions with regulated material or any other detectable 
gas or vapor.
    (d) Closed vent system leak repair provisions. The provisions of 
this paragraph apply to closed vent systems collecting regulated 
material from a regulated source.
    (1) If there are visible, audible, or olfactory indications of 
leaks at the time of the annual visual inspections required by 
paragraph (b)(1)(i)(B) of this section, the owner or operator shall 
follow the procedure specified in either paragraph (d)(1)(i) or (ii) of 
this section.
    (i) The owner or operator shall eliminate the leak.
    (ii) The owner or operator shall monitor the equipment according to 
the procedures in paragraph (c) of this section.
    (2) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practical, except as provided in paragraph 
(d)(3) of this section. Records shall be generated as specified in 
Sec. 63.998(d)(1)(iii) when a leak is detected.
    (i) A first attempt at repair shall be made no later than 5 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 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 or unsafe without a closed vent 
system shutdown, as defined in Sec. 63.981, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the emissions likely to result from delay of repair. 
Repair of such equipment shall be completed as soon as practical, but 
not later than the end of the next closed vent system shutdown.


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

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


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

    (a) Nonflare control device equipment and operating requirements. 
The owner or operator shall operate and maintain the nonflare control 
device so that the monitored parameters defined as required in 
paragraph (c) of this section remain within the ranges specified in the 
Notification of Compliance Status whenever emissions of regulated 
material are routed to the control device except during periods of 
start-up, shutdown, and malfunction as specified in the referencing 
subpart.
    (b) Nonflare control device design evaluation or performance test 
requirements. When using a control device other than a flare, the owner 
or operator shall comply with the requirements in paragraphs (b)(1)(i) 
or (ii) of this section, except as provided in paragraphs (b)(2) and 
(3) of this section.
    (1) Design evaluation or performance test results. The owner or 
operator shall prepare and submit with the Notification of Compliance 
Status, as specified in Sec. 63.999(b)(2), either 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) 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 the 
information specified in paragraphs (b)(1)(i)(A) through (E) of this 
section, as applicable. For storage vessels, the description of the gas 
stream that enters the control device shall be provided for varying 
liquid level conditions. This documentation shall be submitted with the 
Notification of Compliance Status as specified in Sec. 63.999(b)(2).
    (A) The efficiency determination is to include consideration of all 
vapors, gases, and liquids, other than fuels, received by the control 
device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
an emission reduction requirement specified in a referencing subpart 
for storage vessels and transfer racks, documentation that those 
conditions exist is sufficient to meet the requirements of paragraph 
(b)(1)(i) of this section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section 
for enclosed combustion devices, the design evaluation shall include 
the estimated autoignition temperature of the stream being combusted, 
the flow rate of the stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
estimated affinity of the regulated material vapors for carbon, the 
amount of carbon in each bed, the number of beds, the humidity, the 
temperature, the flow rate of the

[[Page 34871]]

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, whether conducted to 
meet the requirements of this section, or to demonstrate compliance for 
a process vent or high throughput transfer rack as required by 
Secs. 63.988(b), 63.990(b), or 63.995(b), is acceptable to demonstrate 
compliance with emission reduction requirements for storage vessels and 
transfer racks. The owner or operator is not required to prepare a 
design evaluation for the control device as described in paragraph 
(b)(1)(i) of this section if a performance test will be performed that 
meets the criteria specified in paragraphs (b)(1)(ii)(A) and (B) of 
this section.
    (A) The performance test will demonstrate that the control device 
achieves greater than or equal to the required control device 
performance level specified in a referencing subpart for storage 
vessels or transfer racks; and
    (B) The performance test meets the applicable performance test 
requirements and the results are submitted as part of the Notification 
of Compliance Status as specified in Sec. 63.999(b)(2).
    (2) Exceptions. 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), (ii), (iii), or (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) 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) 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; or
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (3) Prior design evaluations or performance tests. If a design 
evaluation or performance test is required in the referencing subpart 
or was previously conducted and submitted for a storage vessel or low 
throughput transfer rack, then a performance test or design evaluation 
is not required.
    (c) Nonflare control device monitoring requirements. (1) The owner 
or operator shall submit with the Notification of Compliance Status, a 
monitoring plan containing the information specified in 
Sec. 63.999(b)(2)(i) and (ii) 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 Notification of Compliance Status or in the operating permit 
application or amendment. Records shall be generated as specified in 
Sec. 63.998(d)(2)(i).


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

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


Sec. 63.987  Flare requirements.

    (a) Flare equipment and operating requirements. Flares subject to 
this subpart shall meet the performance requirements in 40 CFR 63.11(b) 
(General Provisions).
    (b) Flare compliance assessment. (1) The owner or operator shall 
conduct an initial flare compliance assessment of any flare used to 
comply with the provisions of this subpart. Flare compliance assessment 
records shall be kept as specified in Sec. 63.998(a)(1) and a flare 
compliance assessment report shall be submitted as specified in 
Sec. 63.999(a)(2). An owner or operator is not required to conduct a 
performance test to determine percent emission reduction or outlet 
regulated material or total organic compound concentration when a flare 
is used.
    (2) [Reserved]
    (3) Flare compliance assessments shall meet the requirements 
specified in paragraphs (b)(3)(i) through (iv) of this section.
    (i) Method 22 of appendix A of part 60 shall be used to determine 
the compliance of flares with the visible emission provisions of this 
subpart. The observation period is 2 hours, except for transfer racks 
as provided in (b)(3)(i)(A) or (B) 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 Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.000

Where:

HT = Net heating value of the sample, megajoules per 
standard cubic meter; where the net enthalpy per mole of offgas is 
based on combustion at 25  deg.C and 760 millimeters of mercury (30 
inches of mercury), but the standard temperature for determining the 
volume corresponding to one mole is 20  deg.C;
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;
n = number of sample components;
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) D1946-90; and
Hj = Net heat of combustion of sample component j, 
kilocalories per gram

[[Page 34872]]

mole at 25  deg.C and 760 millimeters of mercury (30 inches of 
mercury).

    (iii) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flowrate (in units of standard temperature and 
pressure), as determined by Methods 2, 2A, 2C, or 2D of 40 CFR part 60, 
appendix A as appropriate; by the unobstructed (free) cross sectional 
area of the flare tip.
    (iv) Flare flame or pilot monitors, as applicable, shall be 
operated during any flare compliance assessment.
    (c) Flare monitoring requirements. Where a flare is used, the 
following monitoring equipment is required: a device (including but not 
limited to a thermocouple, ultra-violet beam sensor, or infrared 
sensor) capable of continuously detecting that at least one pilot flame 
or the flare flame is present. Flare flame monitoring and compliance 
records shall be kept as specified in Sec. 63.998(a)(1) and reported as 
specified in Sec. 63.999(c)(8).


Sec. 63.988  Incinerators, boilers, and process heaters.

    (a) Equipment and operating requirements. (1) Owners or operators 
using incinerators, boilers, or process heaters to meet a weight-
percent emission reduction or parts per million by volume outlet 
concentration requirement specified in a referencing subpart shall meet 
the requirements of this section.
    (2) Incinerators, boilers, or process heaters used to comply with 
the provisions of a referencing subpart and this subpart shall be 
operated at all times when emissions are vented to them.
    (3) For boilers and process heaters, the vent stream shall be 
introduced into the flame zone of the boiler or process heater.
    (b) Performance test requirements. (1) Except as specified in 
Sec. 63.997(b), and paragraph (b)(2) of this section, the owner or 
operator shall conduct an initial performance test of any incinerator, 
boiler, or process heater used to comply with the provisions of a 
referencing subpart and this subpart according to the procedures in 
Sec. 63.997. Performance test records shall be kept as specified in 
Sec. 63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a 
design evaluation may be used as an alternative to the performance test 
for storage vessels and low throughput transfer rack controls. As 
provided in Sec. 63.986(b), no performance test is required for 
equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test when any of the control devices specified in paragraphs (b)(2)(i) 
through (iv) of this section are used.
    (i) 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;
    (ii) A boiler or process heater with a design heat input capacity 
of 44 megawatts (150 million British thermal units per hour) or 
greater;
    (iii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel; or
    (iv) A boiler or process heater burning hazardous waste for which 
the owner or operator meets the requirements specified in paragraph 
(b)(2)(iv)(A) or (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.
    (c) Incinerator, boiler, and process heater monitoring 
requirements. Where an incinerator, boiler, or process heater is used, 
a temperature monitoring device capable of providing a continuous 
record that meets the provisions specified in paragraph (c)(1), (2), or 
(3) of this section is required. Any boiler or process heater in which 
all vent streams are introduced with primary fuel or are used as the 
primary fuel is exempt from monitoring. Monitoring results shall be 
recorded as specified in Sec. 63.998(b) and (c), as applicable. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in the referencing subpart and Sec. 63.996.
    (1) 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.
    (2) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (3) 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 shall be installed in the 
fire box.


Sec. 63.989  [Reserved]


Sec. 63.990  Absorbers, condensers, and carbon adsorbers used as 
control devices.

    (a) Equipment and operating requirements. (1) Owners or operators 
using absorbers, condensers, or carbon adsorbers to meet a weight-
percent emission reduction or parts per million by volume outlet 
concentration requirement specified in a referencing subpart shall meet 
the requirements of this section.
    (2) Absorbers, condensers, and carbon adsorbers used to comply with 
the provisions of a referencing subpart and this subpart shall be 
operated at all times when emissions are vented to them.
    (b) Performance test requirements. Except as specified in 
Sec. 63.997(b), the owner or operator shall conduct an initial 
performance test of any absorber, condenser, or carbon adsorber used as 
a control device to comply with the provisions of the referencing 
subpart and this subpart according to the procedures in Sec. 63.997. 
Performance test records shall be kept as specified in 
Sec. 63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a 
design evaluation may be used as an alternative to the performance test 
for storage vessels and low throughput transfer rack controls. As 
provided in Sec. 63.986(b), no performance test is required to 
demonstrate compliance for equipment leaks.
    (c) Monitoring requirements. Where an absorber, condenser, or 
carbon adsorber is used as a control device, either an organic 
monitoring device capable of providing a continuous record, or the 
monitoring devices specified in paragraphs (c)(1) through (3), as 
applicable, shall be used. Monitoring results shall be recorded as 
specified in Sec. 63.998(b) and (c), as applicable. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in a referencing subpart and Sec. 63.996.
    (1) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device, each 
capable of providing a continuous record, shall be used. If the 
difference between the specific gravity of the saturated scrubbing 
fluid and specific gravity of the fresh scrubbing fluid is less than 
0.02 specific gravity units, an organic monitoring device capable of 
providing a continuous record shall be used.

[[Page 34873]]

    (2) Where a condenser is used, a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used.
    (3) Where a carbon adsorber is used, 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.


Sec. 63.991  [Reserved]


Sec. 63.992  [Reserved]


Sec. 63.993  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 final recovery device to maintain a TRE 
above a level specified in a referencing subpart shall meet the 
requirements of this section.
    (2) Recovery devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times 
when emissions are vented to them.
    (b) Recovery device performance test requirements. There are no 
performance test requirements for recovery devices. TRE index value 
determination information shall be recorded as specified in 
Sec. 63.998(a)(3).
    (c) Recovery device monitoring requirements. (1) Where an absorber 
is the final recovery device in the recovery system and the TRE index 
value is between the level specified in a referencing subpart and 4.0, 
either an organic monitoring device capable of providing a continuous 
record or a scrubbing liquid temperature monitoring device and a 
specific gravity monitoring device, each capable of providing a 
continuous record, shall be used. If the difference between the 
specific gravity of the saturated scrubbing fluid and specific gravity 
of the fresh scrubbing fluid is less than 0.02 specific gravity units, 
an organic monitoring device capable of providing a continuous record 
shall be used. Monitoring results shall be recorded as specified in 
Sec. 63.998(b) and (c), as applicable. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 63.996.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between the level specified in a 
referencing subpart and 4.0, an organic monitoring device capable of 
providing a continuous record or a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used. Monitoring results shall be recorded as specified in 
Sec. 63.998(b) and (c), as applicable. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
a referencing subpart and Sec. 63.996.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between the level specified 
in a referencing subpart and 4.0, an organic monitoring device capable 
of providing a continuous record or an integrating regeneration stream 
flow monitoring device having an accuracy of 10 percent or 
better, capable of recording the total regeneration stream mass or 
volumetric flow for each regeneration cycle; and a carbon-bed 
temperature monitoring device, capable of recording the carbon-bed 
temperature after each regeneration and within 15 minutes of completing 
any cooling cycle shall be used. Monitoring results shall be recorded 
as specified in Sec. 63.998(b) and (c), as applicable. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in a referencing subpart and Sec. 63.996.
    (4) If an owner or operator uses a recovery device other than those 
listed in this subpart, the owner or operator shall submit a 
description of planned monitoring, reporting and recordkeeping 
procedures as specified in a referencing subpart. 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.


Sec. 63.994  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment 
and operating requirements. (1) An owner or operator of a halogen 
scrubber or other halogen reduction device subject to this subpart 
shall reduce the overall emissions of hydrogen halides and halogens by 
the control device performance level specified in a referencing 
subpart.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of a referencing subpart and this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance 
test requirements. (1) An owner or operator of a combustion device 
followed by a halogen scrubber or other halogen reduction device to 
control halogenated vent streams in accordance with a referencing 
subpart and this subpart shall conduct an initial performance test to 
determine compliance with the control efficiency or emission limits for 
hydrogen halides and halogens according to the procedures in 
Sec. 63.997. Performance test records shall be kept as specified in 
Sec. 63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec. 63.999(a)(2).
    (2) An owner or operator of a halogen scrubber or other halogen 
reduction technique used to reduce the vent stream halogen atom mass 
emission rate prior to a combustion device to comply with a performance 
level specified in a referencing subpart shall determine the halogen 
atom mass emission rate prior to the combustion device according to the 
procedures specified in the referencing subpart. Records of the halogen 
concentration in the vent stream shall be generated as specified in 
Sec. 63.998(a)(4).
    (c) Halogen scrubber and other halogen reduction device monitoring 
requirements. (1) Where a halogen scrubber is used, the monitoring 
equipment specified in paragraphs (c)(1)(i) and (ii) of this section is 
required for the scrubber. Monitoring results shall be recorded as 
specified in Sec. 63.998(b) and (c), as applicable. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in a referencing subpart and Sec. 63.996.
    (i) A pH monitoring device capable of providing a continuous record 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter capable of providing a continuous record shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(c)(1)(ii)(A) through (D) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) The owner or operator may measure the gas stream flow at the 
scrubber inlet.
    (C) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination

[[Page 34874]]

of the liquid to gas (L/G) ratio prior to the applicable compliance 
date for the process unit of which it is part as specified in a 
referencing subpart, the owner or operator may determine gas stream 
flow by the method that had been utilized to comply with those 
regulations. A determination that was conducted prior to that 
compliance date may be utilized to comply with this subpart if it is 
still representative.
    (D) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method that will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method that will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than start-ups, 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 a referencing 
subpart.
    (2) Where a halogen reduction device other than a scrubber is used, 
the owner or operator shall follow the procedures specified in a 
referencing subpart in order to establish monitoring parameters.


Sec. 63.995  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. 63.985 through 63.990 to meet a weight-percent emission reduction 
or parts per million by volume outlet concentration requirement 
specified in a referencing subpart shall meet the requirements of this 
section.
    (2) Other control devices used to comply with the provisions of a 
referencing subpart and this subpart shall be operated at all times 
when emissions are vented to them.
    (b) Other control device performance test requirements. An owner or 
operator using a control device other than those specified in 
Secs. 63.987 through 63.990 to comply with a performance level 
specified in a referencing subpart, shall perform an initial 
performance test according to the procedures in Sec. 63.997. 
Performance test records shall be kept as specified in 
Sec. 63.998(a)(2) and a performance test report shall be submitted as 
specified in Sec. 63.999(a)(2).
    (c) Other control device monitoring requirements. If an owner or 
operator uses a control device other than those listed in this subpart, 
the owner or operator shall submit a description of planned monitoring, 
recordkeeping and reporting procedures as specified in a referencing 
subpart. 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.


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

    (a) General monitoring requirements applicability. (1) This section 
applies to the owner or operator of a regulated source required to 
monitor under this subpart.
    (2) Flares subject to Sec. 63.987(c) are not subject to the 
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this 
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and in the relevant sections of this subpart 
unless the provision in either paragraph (b)(1)(i) or (ii) of this 
section applies.
    (i) The Administrator specifies or approves the use of minor 
changes in methodology for the specified monitoring requirements and 
procedures; or
    (ii) The Administrator approves the use of alternatives to any 
monitoring requirements or procedures as provided in the referencing 
subpart or paragraph (d) of this section.
    (2) When one CPMS is used as a backup to another CPMS, the owner or 
operator shall report the results from the CPMS used to meet the 
monitoring requirements of this subpart. If both such CPMS's are used 
during a particular reporting period to meet the monitoring 
requirements of this subpart, then the owner or operator shall report 
the results from each CPMS for the time during the six month period 
that the instrument was relied upon to demonstrate compliance.
    (c) Operation and maintenance of continuous parameter monitoring 
systems. (1) All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of a regulated source shall maintain and 
operate each CPMS as specified in this section, or in a relevant 
subpart, and in a manner consistent with good air pollution control 
practices.
    (i) The owner or operator of a regulated source shall ensure the 
immediate repair or replacement of CPMS parts to correct ``routine'' or 
otherwise predictable CPMS malfunctions. The necessary parts for 
routine repairs of the affected equipment shall be readily available.
    (ii) If under the referencing subpart, an owner or operator has 
developed a start-up, shutdown, and malfunction plan, the plan is 
followed, and the CPMS is repaired immediately, this action shall be 
recorded as specified in Sec. 63.998(c)(1)(ii)(E).
    (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 as specified in Sec. 63.998(c)(1)(i) and (ii), manufacturer's 
recommendations and specifications, and inspection of the CPMS.
    (3) All CPMS's shall be installed and operational, and the data 
verified as specified in this subpart either prior to or in conjunction 
with conducting performance tests. Verification of operational status 
shall, at a minimum, include completion of the manufacturer's written 
specifications or recommendations for installation, operation, and 
calibration of the system or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (4) All CPMS's shall be installed such that representative 
measurements of parameters from the regulated source are obtained.
    (5) In accordance with the referencing subpart, except for system 
breakdowns, repairs, maintenance periods, instrument adjustments, or 
checks to maintain precision and accuracy, calibration checks, and zero 
and span adjustments, all continuous parameter monitoring systems shall 
be in continuous operation when emissions are being routed to the 
monitored device.
    (6) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the control or recovery 
device. In order to establish the range, the information required in 
Sec. 63.999(b)(3) shall be submitted in the Notification of Compliance 
Status or the operating permit application or amendment. The range may 
be based

[[Page 34875]]

upon a prior performance test meeting the specifications of 
Sec. 63.997(b)(1) or a prior TRE index value determination, as 
applicable, 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.
    (d) Alternatives to monitoring requirements. (1) Alternatives to 
the continuous operating parameter monitoring and recordkeeping 
provisions. An owner or operator may request approval to use 
alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions listed in Secs. 63.988(c), 63.990(c), 
63.993(c), 63.994(c), 63.998(a)(2) through (4), 63.998(c)(2) and (3), 
as specified in Sec. 63.999(d)(1).
    (2) Monitoring a different parameter than those listed. An owner or 
operator may request approval to monitor a different parameter than 
those established in paragraph (c)(6) of this section or to set unique 
monitoring parameters if directed by Secs. 63.994(c)(2) or 63.995(c), 
as specified in Sec. 63.999(d)(2).


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

    (a) Performance tests and flare compliance assessments. Where 
Secs. 63.985 through 63.995 require, or the owner or operator elects to 
conduct, a performance test of a control device or a halogen reduction 
device, or a compliance assessment 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 assessments are required only as specified in 
this subpart or a referencing subpart.
    (1) Unless requested by the Administrator, an owner or operator is 
not required to conduct a performance test or flare compliance 
assessment under this subpart if a prior performance test or compliance 
assessment was conducted using the same methods specified in 
Sec. 63.997(e) or Sec. 63.987(b)(3), as applicable, 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 or compliance 
demonstration, with or without adjustments, reliably demonstrate 
compliance despite process changes. An owner or operator may request 
permission to substitute a prior performance test or compliance 
assessment by written application to the Administrator as specified in 
Sec. 63.999(a)(1)(iv).
    (2) Individual performance tests and flare compliance assessments 
may be waived upon written application to the Administrator, per 
Sec. 63.999(a)(1)(iii), if, in the Administrator's judgment, the source 
is meeting the relevant standard(s) on a continuous basis, the source 
is being operated under an extension or waiver of compliance, or the 
owner or operator has requested an extension or waiver of compliance 
and the Administrator is still considering that request.
    (3) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notification is given to the owner 
or operator of the source.
    (c) Performance tests and flare compliance assessments schedule. 
(1) Unless a waiver of performance testing or flare compliance 
assessment is obtained under this section or the conditions of a 
referencing subpart, the owner or operator shall perform such tests as 
specified in paragraphs (c)(1)(i) through (vii) of this section.
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial start-up date before the effective 
date of that standard; or
    (ii) Within 180 days after initial start-up for a new source that 
has an initial start-up 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 
start-up of an existing source if the source begins operation after the 
effective date of the relevant emission standard; or
    (iv) Within 180 days after the compliance date for an existing 
source subject to an emission standard established pursuant to section 
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's 
extension of compliance or a waiver of compliance for an existing 
source that obtains an extension of compliance under Sec. 63.1112(a), 
or waiver of compliance under 40 CFR 61.11; or
    (vi) Within 180 days after the compliance date for a new source, 
subject to an emission standard established pursuant to section 112(f) 
of the Act, for which construction or reconstruction is commenced after 
the proposal date of a relevant standard established pursuant to 
section 112(d) of the Act but before the proposal date of the relevant 
standard established pursuant to section 112(f); or
    (vii) When the promulgated emission standard in a referencing 
subpart is more stringent than the standard that was proposed, the 
owner or operator of a new or reconstructed source subject to that 
standard for which construction or reconstruction is commenced between 
the proposal and promulgation dates of the standard shall comply with 
performance testing requirements within 180 days after the standard's 
effective date, or within 180 days after start-up of the source, 
whichever is later. If a promulgated standard in a referencing subpart 
is more stringent than the proposed standard, the owner or operator may 
choose to demonstrate compliance initially 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 start-up 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 assessments at the regulated source at 
any time when the action is authorized by section 114 of the Act.
    (3) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a recovery device to replace an 
existing control device at a later date, or elects to use a different 
flare, nonflare control device or recovery device to replace an 
existing flare, nonflare control device or final recovery device at a 
later date, the owner or operator shall notify the Administrator, 
either by amendment of the regulated source's title V permit or, if 
title V is not applicable, by submission of the notice specified in 
Sec. 63.999(c)(7) before implementing the change. Upon implementing the 
change, a compliance demonstration or performance test shall be 
performed according to the provisions of paragraphs (c)(3)(i) through 
(v) of this section, as applicable, within 180 days. The compliance 
assessment report shall be submitted to the Administrator within 60 
days of completing the determination, as provided in 
Sec. 63.999(a)(1)(ii).
    (i) For flares used to replace an existing control device, a flare 
compliance demonstration shall be

[[Page 34876]]

performed using the methods specified in Sec. 63.987(b);
    (ii) For flares used to replace an existing final recovery device 
that is used on an applicable process vent, the owner or operator shall 
comply with the applicable provisions in a referencing subpart and in 
this subpart;
    (iii) For incinerators, boilers, or process heaters used to replace 
an existing control device, a performance test shall be performed, 
using the methods specified in Sec. 63.997;
    (iv) For absorbers, condensers, or carbon adsorbers used to replace 
an existing control device on a process vent or a transfer rack, a 
performance test shall be performed, using the methods specified in 
Sec. 63.997;
    (v) For absorbers, condensers, or carbon adsorbers used to replace 
an existing final recovery device on a process vent, the owner or 
operator shall comply with the applicable provisions of a referencing 
subpart and this subpart;
    (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 (5) of this section.
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes, as applicable, the requirements specified in 
(d)(1)(i) and (ii) of this section.
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.
    (e) Performance test procedures. Where Secs. 63.985 through 63.995 
require the owner or operator to conduct a performance test of a 
control device or a halogen reduction device, the owner or operator 
shall follow the requirements of paragraphs (e)(1)(i) through (v) of 
this section, as applicable.
    (1) General procedures. (i) Continuous unit operations. For 
continuous unit operations, performance tests shall be conducted at 
maximum representative operating conditions for the process, unless the 
Administrator specifies or approves alternate operating conditions. 
During the performance test, an owner or operator may operate the 
control or halogen reduction device at maximum or minimum 
representative operating conditions for monitored control or halogen 
reduction device parameters, whichever results in lower emission 
reduction. Operations during periods of start-up, shutdown, and 
malfunction shall not constitute representative conditions for the 
purpose of a performance test.
    (ii) [Reserved]
    (iii) Combination of both continuous and batch unit operations. For 
a combination of both continuous and batch unit operations, performance 
tests shall be conducted at maximum representative operating 
conditions. For the purpose of conducting a performance test on a 
combined vent stream, maximum representative operating conditions shall 
be when batch emission episodes are occurring that result in the 
highest organic HAP emission rate (for the combined vent stream) that 
is achievable during the 6-month period that begins 3 months before and 
ends 3 months after the compliance assessment (e.g. TRE calculation, 
performance test) without causing any of the situations described in 
paragraphs (e)(1)(iii)(A) through (C) of this section.
    (A) Causing damage to equipment;
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (iv) Alternatives to performance test requirements. Performance 
tests shall be conducted and data shall be reduced in accordance with 
the test methods and procedures set forth in this subpart, in each 
relevant standard, and, if required, in applicable appendices of 40 CFR 
parts 51, 60, 61, and 63 unless the Administrator specifies one of the 
provisions in paragraphs (e)(1)(iv)(A) through (E) of this section.
    (A) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology; or
    (B) Approves the use of an alternative test method, the results of 
which the Administrator has determined to be adequate for indicating 
whether a specific regulated source is in compliance. The alternate 
method or data shall be validated using the applicable procedures of 
Method 301 of appendix A of 40 CFR part 63; or
    (C) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors; or
    (D) Waives the requirement for the performance test as specified in 
paragraph (b)(2) of this section because the owner or operator of a 
regulated source has demonstrated by other means to the Administrator's 
satisfaction that the regulated source is in compliance with the 
relevant standard; or
    (E) Approves the use of an equivalent method.
    (v) Performance test runs. Except as provided in paragraphs 
(e)(1)(v)(A) and (B) of this section, each performance test shall 
consist of three separate runs using the applicable test method. Each 
run shall be conducted for at least 1 hour and under the conditions 
specified in this section. For the purpose of determining compliance 
with an applicable standard, the arithmetic means of results of the 
three runs shall apply. In the event that a sample is accidentally lost 
or conditions occur in which one of the three runs must be discontinued 
because of forced shutdown, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, or other 
circumstances, beyond the owner or operator's control, compliance may, 
upon the Administrator's approval, be determined using the arithmetic 
mean of the results of the two other runs.
    (A) For control devices used to control emissions from transfer 
racks (except low throughput transfer racks that are capable of 
continuous vapor processing but do not handle continuous emissions or 
multiple loading arms of a transfer rack that load simultaneously), 
each run shall represent at least one complete tank truck or tank car 
loading period, during which regulated materials are loaded, and 
samples shall be collected using integrated sampling or grab samples 
taken at least four times per hour at approximately equal intervals of 
time, such as 15-minute intervals.
    (B) For intermittent vapor processing systems used for controlling 
transfer rack emissions (except low throughput transfer racks that do 
not handle continuous emissions or multiple loading arms of a transfer 
rack that load simultaneously), each run shall represent at least one 
complete control device cycle, and samples shall be collected using 
integrated sampling or grab samples taken at least four times per hour 
at approximately equal intervals of time, such as 15-minute intervals.
    (2) Specific procedures. Where Secs. 63.985 through 63.995 require 
the

[[Page 34877]]

owner or operator to conduct a performance test of a control device, or 
a halogen reduction device, an owner or operator shall conduct that 
performance test using the procedures in paragraphs (e)(2)(i) through 
(iv) of this section, as applicable. The regulated material 
concentration and percent reduction may be measured as either total 
organic regulated material or as TOC minus methane and ethane according 
to the procedures specified.
    (i) Selection of sampling sites. Method 1 or 1A of 40 CFR part 60, 
appendix A, as appropriate, shall be used for selection of the sampling 
sites.
    (A) For determination of compliance with a percent reduction 
requirement of total organic regulated material or TOC, sampling sites 
shall be located as specified in paragraphs (e)(2)(i)(A)(1) and 
(e)(2)(i)(A)(2) of this section, and at the outlet of the control 
device.
    (1) With the exceptions noted below in paragraphs (e)(2)(i)(A)(2) 
and (3), the control device inlet sampling site shall be located at the 
exit from the unit operation before any control device.
    (2) For process vents from continuous unit operations at affected 
sources in subcategories where the applicability criteria includes a 
TRE index value, the control device inlet sampling site shall be 
located after the final recovery device.
    (3) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic regulated material 
or TOC (minus methane and ethane) concentrations, as applicable, in all 
vent streams and primary and secondary fuels introduced into the boiler 
or process heater.
    (B) For determination of compliance with a parts per million by 
volume total regulated material or TOC limit in a referencing subpart, 
the sampling site shall be located at the outlet of the control device.
    (ii) Gas volumetric flow rate. The gas volumetric flow rate shall 
be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix 
A, as appropriate.
    (iii) Total organic regulated material or TOC concentration. To 
determine compliance with a parts per million by volume total organic 
regulated material or TOC (minus methane and ethane) limit, the owner 
or operator shall use Method 18 of 40 CFR part 60, appendix A, to 
measure either TOC minus methane and ethane or total organic regulated 
material, as applicable. Alternatively, any other method or data that 
have been validated according to the applicable procedures in Method 
301 of appendix A of 40 CFR part 63, may be used. Method 25A of 40 CFR 
part 60, appendix A may be used for transfer racks as detailed in 
paragraph (e)(2)(iii)(D) of this section. The procedures specified in 
paragraphs (e)(2)(iii)(A) through (D) of this section shall be used to 
calculate parts per million by volume concentration, corrected to 3 
percent oxygen if a combustion device is the control device and 
supplemental combustion air is used to combust the emissions.
    (A) Sampling time. For continuous unit operations and for a 
combination of both continuous and batch unit operations, the minimum 
sampling time for each run shall be 1 hour in which either an 
integrated sample or a minimum of four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time, such as 15 minute intervals during the run.
    (B) Concentration calculation. The concentration of either TOC 
(minus methane or ethane) or total organic regulated material shall be 
calculated according to paragraph (e)(2)(iii)(B) (1) or (2) of this 
section.
    (1) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 2.

[GRAPHIC] [TIFF OMITTED] TR29JN99.001

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR29JN99.002

Where:

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

    (D) Transfer racks. Method 25A of 40 CFR part 60, appendix A may be 
used for the purpose of determining compliance with a parts per million 
by volume limit for transfer racks. If Method 25A of 40 CFR part 60, 
appendix A is used, the procedures specified in paragraphs 
(e)(2)(iii)(D) (1) through (4) of this section shall be used to 
calculate the concentration of organic compounds (CTOC):
    (1) The principal organic regulated material in the vent stream 
shall be used as the calibration gas.
    (2) The span value for Method 25A of 40 CFR part 60, appendix A, 
shall be between 1.5 and 2.5 times the concentration being measured.
    (3) Use of Method 25A of 40 CFR part 60, appendix A, is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (4) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and Equation 3 in paragraph (e)(2)(iii)(C)(2) of 
this section if a combustion device is the control device and 
supplemental combustion air is used to combust emissions.
    (iv) Percent reduction calculation. 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

[[Page 34878]]

procedures in Method 301 of appendix A of this part may be used. Method 
25A or 25B of 40 CFR part 60, appendix A may be used for transfer racks 
as detailed in paragraph (e)(2)(iv)(E) of this section. Procedures 
specified in paragraphs (e)(2)(iv)(A) through (e)(2)(iv)(E) of this 
section shall be used to calculate percent reduction efficiency.
    (A) Sampling time. The minimum sampling time for each run shall be 
1 hour in which either an integrated sample or a minimum of four grab 
samples shall be taken. If grab sampling is used, then the samples 
shall be taken at approximately equal intervals in time, such as 15-
minute intervals during the run.
    (B) Mass rate of TOC or total organic regulated material. The mass 
rate of either TOC (minus methane and ethane) or total organic 
regulated material (EI, Eo) shall be computed as 
applicable.
    (1) Equations 4 and 5 shall be used.

    [GRAPHIC] [TIFF OMITTED] TR29JN99.003
    
    [GRAPHIC] [TIFF OMITTED] TR29JN99.004
    
Where:

    EI, Eo = Emission rate of TOC (minus methane 
and ethane) (ETOC) or emission rate of total organic 
regulated material (ERM) in the sample at the inlet and 
outlet of the control device, respectively, dry basis, kilogram per 
hour.
K2 = Constant, 2.494  x  10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram 
per gram) (minute per hour), where standard temperature (gram-mole per 
standard cubic meter) is 20  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 regulated material emissions rate is being calculated, 
only organic regulated material are included.
Mij, Moj = Molecular weight of organic compound 
j, gram per gram-mole, of the gas stream at the inlet and outlet of the 
control device, respectively.
QI, Qo = Process vent flow rate, dry standard 
cubic meter per minute, at a temperature of 20 deg. C, at the inlet and 
outlet of the control device, respectively.

    (2) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by method 18 of 40 CFR 
part 60, appendix A, are summed using Equations 4 and 5 in paragraph 
(e)(2)(iv)(B)(1) of this section.
    (3) Where the mass rate of total organic regulated material is 
being calculated, only the species comprising the regulated material 
shall be summed using Equations 4 and 5 in paragraph (e)(2)(iv)(B)(1) 
of this section.
    (C) Percent reduction in TOC or total organic regulated material 
for continuous unit operations and a combination of both continuous and 
batch unit operations. For continuous unit operations and for a 
combination of both continuous and batch unit operations, the percent 
reduction in TOC (minus methane and ethane) or total organic regulated 
material shall be calculated using Equation 6.

[GRAPHIC] [TIFF OMITTED] TR29JN99.005

Where:

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

    (D) Vent stream introduced with combustion air or as secondary 
fuel. If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic regulated material or TOC (minus methane and ethane) 
across the device shall be determined by comparing the TOC (minus 
methane and ethane) or total organic regulated material in all 
combusted vent streams and primary and secondary fuels with the TOC 
(minus methane and ethane) or total organic regulated material exiting 
the combustion device, respectively.
    (E) Transfer racks. 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.
    (1) If Method 25A of 40 CFR part 60, appendix A, is used to measure 
the concentration of organic compounds (CTOC), the principal 
organic regulated material in the vent stream shall be used as the 
calibration gas.
    (2) 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.
    (3) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (4) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using Equation 7.

[GRAPHIC] [TIFF OMITTED] TR29JN99.006

Where:

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

    (5) The organic compound mass emission rates at the inlet and 
outlet of the control device shall be calculated using Equations 8 and 
9 as follows:

[GRAPHIC] [TIFF OMITTED] TR29JN99.007


[[Page 34879]]

[GRAPHIC] [TIFF OMITTED] TR29JN99.008


Where:

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

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


Sec. 63.998  Recordkeeping requirements.

    (a) Compliance assessment, monitoring, and compliance records. (1) 
Conditions of flare compliance assessment, monitoring, and compliance 
records. Upon request, the owner or operator shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of flare compliance assessments performed pursuant to 
Sec. 63.987(b).
    (i) Flare compliance assessment records. When using a flare to 
comply with this subpart, record the information specified in 
paragraphs (a)(1)(i)(A) through (C) of this section for each flare 
compliance assessment performed pursuant to Sec. 63.987(b). As 
specified in Sec. 63.999(a)(2)(iii)(A), the owner or operator shall 
include this information in the flare compliance assessment report.
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (B) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the flare compliance assessment; and
    (C) All periods during the flare compliance assessment when all 
pilot flames are absent or, if only the flare flame is monitored, all 
periods when the flare flame is absent.
    (ii) Monitoring records. Each owner or operator shall keep up to 
date and readily accessible hourly records of whether the monitor is 
continuously operating and whether the flare flame or at least one 
pilot flame is continuously present. For transfer racks, hourly records 
are required only while the transfer rack vent stream is being vented.
    (iii) Compliance records. (A) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame or all the pilot flames are absent. This record shall be 
submitted in the periodic reports as specified in Sec. 63.999(c)(8).
    (B) Each owner or operator shall keep records of the times and 
durations of all periods during which the monitor is not operating.
    (2) Nonflare control device performance test records. (i) 
Availability of performance test records. Upon request, the owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of performance tests performed 
pursuant to Secs. 63.988(b), 63.990(b), 63.994(b), or 63.995(b).
    (ii) Nonflare control device and halogen reduction device 
performance test records. (A) General requirements. Each owner or 
operator subject to the provisions of this subpart shall keep up-to-
date, readily accessible continuous records of the data specified in 
(a)(2)(ii)(B) through (D) of this section, as applicable, measured 
during each performance test performed pursuant to Secs. 63.988(b), 
63.990(b), 63.994(b), or 63.995(b), and also include that data in the 
Notification of Compliance Status required under Sec. 63.999(b). The 
same data specified in this section shall be submitted in the reports 
of all subsequently required performance tests where either the 
emission control efficiency of a combustion device, or the outlet 
concentration of TOC or regulated material is determined.
    (B) Nonflare combustion device. Where an owner or operator subject 
to the provisions of this paragraph seeks to demonstrate compliance 
with a percent reduction requirement or a parts per million by volume 
requirement using a nonflare combustion device the information 
specified in (a)(2)(ii)(B)(1) through (6) of this section shall be 
recorded.
    (1) For thermal incinerators, record the fire box temperature 
averaged over the full period of the performance test.
    (2) For catalytic incinerators, record the upstream and downstream 
temperatures and the temperature difference across the catalyst bed 
averaged over the full period of the performance test.
    (3) For a boiler or process heater with a design heat input 
capacity less than 44 megawatts and a vent stream that is not 
introduced with or as the primary fuel, record the fire box temperature 
averaged over the full period of the performance test.
    (4) For an incinerator, record the percent reduction of organic 
regulated material, if applicable, or TOC achieved by the incinerator 
determined as specified in Sec. 63.997(e)(2)(iv), as applicable, or the 
concentration of organic regulated material (parts per million by 
volume, by compound) determined as specified in Sec. 63.997(e)(2)(iii) 
at the outlet of the incinerator.
    (5) For a boiler or process heater, record a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.
    (6) For a boiler or process heater with a design heat input 
capacity of less than

[[Page 34880]]

44 megawatts and where the process vent stream is introduced with 
combustion air or used as a secondary fuel and is not mixed with the 
primary fuel, record the percent reduction of organic regulated 
material or TOC, or the concentration of regulated material or TOC 
(parts per million by volume, by compound) determined as specified in 
Sec. 63.997(e)(2) at the outlet of the combustion device.
    (C) Other nonflare control devices. Where an owner or operator 
seeks to use an absorber, condenser, or carbon adsorber as a control 
device, the information specified in paragraphs (a)(2)(ii)(C)(1) 
through (5) of this section shall be recorded, as applicable.
    (1) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
averaged over the same time period as the performance test (both 
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is used as the control device, the average 
exit (product side) temperature averaged over the same time period as 
the performance test while the vent stream is routed and constituted 
normally; or
    (3) Where a carbon adsorber is used as the control device, the 
total regeneration stream mass flow during each carbon-bed regeneration 
cycle during the period of the performance test, and temperature of the 
carbon-bed after each regeneration during the period of the performance 
test (and within 15 minutes of completion of any cooling cycle or 
cycles; or
    (4) As an alternative to paragraph (a)(2)(ii)(C)(1), (2), or (3) of 
this section, the concentration level or reading indicated by an 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber averaged over the same time period as the performance 
test while the vent stream is normally routed and constituted.
    (5) For an absorber, condenser, or carbon adsorber used as a 
control device, the percent reduction of regulated material achieved by 
the control device or concentration of regulated material (parts per 
million by volume, by compound) at the outlet of the control device.
    (D) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated vent stream, record the 
information specified in paragraphs (a)(2)(ii)(D)(1) through (3) of 
this section.
    (1) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 63.997(e)(3).
    (2) The pH of the scrubber effluent averaged over the time period 
of the performance test; and
    (3) The scrubber liquid-to-gas ratio averaged over the time period 
of the performance test.
    (3) Recovery device monitoring records during TRE index value 
determination. For process vents that require control of emissions 
under a referencing subpart, owners or operators using a recovery 
device to maintain a TRE above a level specified in the referencing 
subpart shall maintain the continuous records specified in paragraph 
(a)(3)(i) through (v) of this section, as applicable, and submit 
reports as specified in Sec. 63.999(a)(2)(iii)(C).
    (i) Where an absorber is the final recovery device in the recovery 
system and the saturated scrubbing fluid and specific gravity of the 
scrubbing fluid is greater than or equal to 0.02 specific gravity 
units, the exit specific gravity (or alternative parameter that is a 
measure of the degree of absorbing liquid saturation if approved by the 
Administrator) and average exit temperature of the absorbing liquid 
averaged over the same time period as the TRE index value determination 
(both measured while the vent stream is normally routed and 
constituted); or
    (ii) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature averaged over the 
same time period as the TRE index value determination while the vent 
stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and temperature of the carbon-bed after each 
regeneration during the period of the TRE index value determination 
(and within 15 minutes of completion of any cooling cycle or cycles); 
or
    (iv) As an alternative to paragraph (a)(3)(i), (ii), or (iii) of 
this section, the concentration level or reading indicated by an 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber averaged over the same time period as the TRE index 
value determination while the vent stream is normally routed and 
constituted.
    (v) All measurements and calculations performed to determine the 
TRE index value of the vent stream as specified in a referencing 
subpart.
    (4) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures specified in 
a referencing subpart. Submit this record in the Notification of 
Compliance Status, as specified in Sec. 63.999(b)(4). If the owner or 
operator designates the vent stream as halogenated, then this shall be 
recorded and reported in the Notification of Compliance Status report.
    (b) Continuous records and monitoring system data handling. (1) 
Continuous records. Where this subpart requires a continuous record, 
the owner or operator shall maintain a record as specified in 
paragraphs (b)(1)(i) through (iv) of this section, as applicable:
    (i) A record of values measured at least once every 15 minutes or 
each measured value for systems which measure more frequently than once 
every 15 minutes; or
    (ii) A record of block average values for 15-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.
    (iii) Where data is collected from an automated continuous 
parameter monitoring system, the owner or operator may calculate and 
retain block hourly average values 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 discard all but the most recent 
three valid hours of continuous (15-minute or shorter) records, if the 
hourly averages do not exclude periods of CPMS breakdown or 
malfunction. An automated CPMS records the measured data and calculates 
the hourly averages through the use of a computerized data acquisition 
system.
    (iv) A record as required by an alternative approved under a 
referencing subpart.
    (2) Excluded data. Monitoring data recorded during periods 
identified in paragraphs (b)(2)(i) through (iii) of this section shall 
not be included in any average computed to determine compliance with an 
emission limit in a referencing subpart.
    (i) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (ii) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (iii) Start-ups, shutdowns, and malfunctions, if the owner or 
operator follows the applicable provisions of the start-up, shutdown, 
and malfunction plan required by a referencing subpart and maintains 
the records specified in paragraph (d)(3) of this section.

[[Page 34881]]

    (3) Records of daily averages. In addition to the records specified 
in paragraph (a), owners or operators shall keep records as specified 
in paragraphs (b)(3)(i) and (ii) of this section and submit reports as 
specified in Sec. 63.999(c), unless an alternative recordkeeping system 
has been requested and approved under a referencing subpart.
    (i) Except as specified in paragraph (b)(3)(ii) of this section, 
daily average values of each continuously monitored parameter shall be 
calculated from data meeting the specifications of paragraph (b)(2) of 
this section for each operating day and retained for 5 years.
    (A) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
period of operation per operating day if operation is not continuous 
(e.g., for transfer racks the average shall cover periods of loading). 
If values are measured more frequently than once per minute, a single 
value for each minute may be used to calculate the daily average 
instead of all measured values.
    (B) The operating day shall be the period defined in the operating 
permit or in the Notification of Compliance Status. It may be from 
midnight to midnight or another daily period.
    (ii) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or in the operating permit, the owner or operator may 
record that all values were within the range and retain this record for 
5 years rather than calculating and recording a daily average for that 
operating day. In such cases, the owner or operator may not discard the 
recorded values as allowed in paragraph (b)(1)(iii) of this section.
    (4) [Reserved]
    (5) Alternative recordkeeping. For any parameter with respect to 
any item of equipment associated with a process vent or transfer rack 
(except low throughput transfer loading racks), the owner or operator 
may implement the recordkeeping requirements in paragraphs (b)(5)(i) or 
(ii) of this section as alternatives to the recordkeeping provisions 
listed in paragraphs (b)(1) through (3) of this section. The owner or 
operator shall retain each record required by paragraphs (b)(5)(i) or 
(ii) of this section as provided in a referencing subpart.
    (i) 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 (b)(5)(i)(A) through (F) 
of this section are met. The owner or operator shall notify the 
Administrator in the Notification of Compliance Status as specified in 
Sec. 63.999(b)(5) or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report immediately preceding 
implementation of the requirements of this paragraph, as specified in 
Sec. 63.999(c)(6)(iv).
    (A) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than start-ups, 
shutdowns or malfunctions (e.g., a temperature reading of -200 deg. C 
on a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single 
occurrence.
    (B) The monitoring system generates 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 (b)(5)(i)(B)(1) through (3) of this section. All instances 
in an operating day constitute a single occurrence.
    (1) The running average is above the maximum or below the minimum 
established limits;
    (2) The running average is based on at least six one-hour average 
values; and
    (3) The running average reflects a period of operation other than a 
start-up, shutdown, or malfunction.
    (C) The monitoring system is capable of detecting unchanging data 
during periods of operation other than start-ups, shutdowns or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience 
(e.g., pH in some scrubbers), and will alert the operator by alarm or 
other means. The owner or operator shall record the occurrence. All 
instances of the alarm or other alert in an operating day constitute a 
single occurrence.
    (D) The monitoring system will alert the owner or operator by an 
alarm, if the running average parameter value calculated under 
paragraph (b)(5)(i)(B) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that 
is being monitored.
    (E) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraph (b)(5)(i) of this section, at the times 
specified in paragraphs (b)(5)(i)(E)(1) through (3) of this section. 
The owner or operator shall document that the required verifications 
occurred.
    (1) Upon initial installation.
    (2) Annually after initial installation.
    (3) After any change to the programming or equipment constituting 
the monitoring system that might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (F) The owner or operator shall retain the records identified in 
paragraphs (b)(5)(i)(F)(1) through (4) of this section.
    (1) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (b)(5)(i) of this section.
    (2) A description of the applicable monitoring system(s), and of 
how compliance will be achieved with each requirement of paragraph 
(b)(5)(i)(A) through (E) of this section. The description shall 
identify the location and format (e.g., on-line storage; log entries) 
for each required record. If the description changes, the owner or 
operator shall retain both the current and the most recent superseded 
description. The description, and the most recent superseded 
description, shall be retained as provided in the subpart that 
references this subpart, except as provided in paragraph 
(b)(5)(i)(F)(1) of this section.
    (3) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to 
comply with the requirements of paragraph (b)(5)(i) of this section.
    (4) Owners and operators subject to paragraph (b)(5)(i)(F)(2) of 
this section shall retain the current description of the monitoring 
system as long as the description is current, but not less than 5 years 
from the date of its creation. The current description shall be 
retained on-site at all times or be accessible from a central location 
by computer or other means that provides access within 2 hours after a 
request. The owner or operator shall retain the most recent superseded 
description at least until 5 years from the date of its creation. The 
superseded description shall be retained on-site (or accessible from a 
central location by computer that provides access within 2 hours after 
a request) at least 6 months after being superseded.

[[Page 34882]]

Thereafter, the superseded description may be stored off-site.
    (ii) If an owner or operator has elected to implement the 
requirements of paragraph (b)(5)(i) of this section, and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (b)(6)(i) 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.
    (A) 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, as specified in Sec. 63.999(c)(6)(i). The 
notification shall identify the parameter and unit of equipment.
    (B) If there is an excursion as defined in paragraph (b)(6)(i) of 
this section on any operating day after the owner or operator has 
ceased recording daily averages as provided in paragraph (b)(5)(ii) of 
this section, the owner or operator shall immediately resume retaining 
the daily average value for each operating day, and shall notify the 
Administrator in the next Periodic Report, as specified in 
Sec. 63.999(c). The owner or operator shall continue to retain each 
daily average value until another period of 6 consecutive months has 
passed without an excursion as defined in paragraph (b)(6)(i) of this 
section.
    (C) The owner or operator shall retain the records specified in 
paragraphs (b)(5)(i)(A) through (F) of this section for the duration 
specified in a referencing subpart. For any week, if compliance with 
paragraphs (b)(5)(i)(A) through (D) of this section does not result in 
retention of a record of at least one occurrence or measured parameter 
value, the owner or operator shall record and retain at least one 
parameter value during a period of operation other than a start-up, 
shutdown, or malfunction.
    (6)(i) For the purposes 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 (b)(6)(i)(A) and (B) of this section.
    (A) The daily average value during any start-up, shutdown or 
malfunction shall not be considered an excursion if the owner or 
operator follows the applicable provisions of the start-up, shutdown, 
and malfunction plan required by a referencing subpart and maintains 
the records specified in paragraph (d)(3) of this section.
    (B) An excused excursion, as described in paragraph (b)(6)(ii), 
does not count toward the number of excursions for the purposes of this 
subpart.
    (ii) One excused excursion for each control device or recovery 
device for each semiannual period is allowed. If a source has developed 
a start-up, shutdown and malfunction plan, and a monitored parameter is 
outside its established range or monitoring data are not collected 
during periods of start-up, shutdown, or malfunction (and the source is 
operated during such periods in accordance with the start-up, shutdown, 
and malfunction plan) or during periods of nonoperation of the process 
unit or portion thereof (resulting in cessation of the emissions to 
which monitoring applies), then the excursion is not a violation and, 
in cases where continuous monitoring is required, the excursion does 
not count as the excused excursion for determining compliance.
    (c) Nonflare control and recovery device regulated source 
monitoring records. (1) Monitoring system records. For process vents 
and high throughput transfer racks, the owner or operator subject to 
this subpart shall keep the records specified in this paragraph, as 
well as records specified elsewhere in this subpart.
    (i) For a CPMS used to comply with this part, a record of the 
procedure used for calibrating the CPMS.
    (ii) For a CPMS used to comply with this subpart, records of the 
information specified in paragraphs (c)(ii)(A) through (H) of this 
section, as indicated in a referencing subpart.
    (A) The date and time of completion of calibration and preventive 
maintenance of the CPMS.
    (B) The ``as found'' and ``as left'' CPMS readings, whenever an 
adjustment is made that affects the CPMS reading and a ``no 
adjustment'' statement otherwise.
    (C) The start time and duration or start and stop times of any 
periods when the CPMS is inoperative.
    (D) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of CPMS used to comply with this subpart 
during which excess emissions (as defined in a referencing subpart) 
occur.
    (E) For each start-up, shutdown, and malfunction during which 
excess emissions as defined in a referencing subpart occur, records 
whether the procedures specified in the source's start-up, 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 start-up, shutdown, and malfunction plan for the 
event.
    (F) Records documenting each start-up, shutdown, and malfunction 
event.
    (G) Records of CPMS start-up, shutdown, and malfunction event that 
specify that there were no excess emissions during the event, as 
applicable.
    (H) Records of the total duration of operating time.
    (2) Combustion control and halogen reduction device monitoring 
records. (i) Each owner or operator using a combustion control or 
halogen reduction device to comply with this subpart shall keep the 
following records up-to-date and readily accessible, as applicable. 
Continuous records of the equipment operating parameters specified to 
be monitored under Secs. 63.988(c) (incinerator, boiler, and process 
heater monitoring), 63.994(c) (halogen reduction device monitoring), 
and 63.995(c) (other combustion systems used as control device 
monitoring) or approved by the Administrator in accordance with a 
referencing subpart.
    (ii) 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 paragraph (b)(3)(i) 
of this section. 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.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
    (3) Monitoring records for recovery devices, absorbers, condensers, 
carbon adsorbers or other noncombustion systems used as control 
devices. (i) Each owner or operator using a recovery device to achieve 
and maintain a TRE index value greater than the control applicability 
level specified in the referencing subpart but less than 4.0 or using 
an absorber, condenser, carbon adsorber or other non-combustion

[[Page 34883]]

system as a control device shall keep readily accessible, continuous 
records of the equipment operating parameters specified to be monitored 
under Secs. 63.990(c) (absorber, condenser, and carbon adsorber 
monitoring), 63.993(c) (recovery device monitoring), or 63.995(c) 
(other noncombustion systems used as a control device monitoring) or as 
approved by the Administrator in accordance with a referencing subpart. 
For transfer racks, continuous records are required while the transfer 
vent stream is being vented.
    (ii) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in paragraph (b)(3)(i) 
of this section. If carbon adsorber regeneration stream flow and carbon 
bed regeneration temperature are monitored, the records specified in 
paragraphs (c)(3)(ii)(A) and (B) of this section shall be kept instead 
of the daily averages.
    (A) Records of total regeneration stream mass or volumetric flow 
for each carbon-bed regeneration cycle.
    (B) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (iii) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded. The 
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
    (d) Other records. (1) Closed vent system records. For closed vent 
systems the owner or operator shall record the information specified in 
paragraphs (d)(1)(i) through (iv) of this section, as applicable.
    (i) For closed vent systems collecting regulated material from a 
regulated source, the owner or operator shall record the identification 
of all parts of the closed vent system, that are designated as unsafe 
or difficult to inspect, an explanation of why the equipment is unsafe 
or difficult to inspect, and the plan for inspecting the equipment 
required by Sec. 63.983(b)(2)(ii) or (iii) of this section.
    (ii) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall keep a record of the 
information specified in either paragraph (d)(1)(ii)(A) or (B) of this 
section, as applicable.
    (A) Hourly records of whether the flow indicator specified under 
Sec. 63.983(a)(3)(i) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times of all 
periods when the vent stream is diverted from the control device or the 
flow indicator is not operating.
    (B) Where a seal mechanism is used to comply with 
Sec. 63.983(a)(3)(ii), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done, and shall 
record the occurrence of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that 
has been broken.
    (iii) For a closed vent system collecting regulated material from a 
regulated source, when a leak is detected as specified in 
Sec. 63.983(d)(2), the information specified in paragraphs 
(d)(1)(iii)(A) through (F) of this section shall be recorded and kept 
for 5 years.
    (A) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (B) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (C) The date of successful repair of the leak.
    (D) The maximum instrument reading measured by the procedures in 
Sec. 63.983(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (E) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 days after discovery of the leak. The owner or 
operator may develop a written procedure that identifies the conditions 
that justify a delay of repair. In such cases, reasons for delay of 
repair may be documented by citing the relevant sections of the written 
procedure.
    (F) Copies of the Periodic Reports as specified in Sec. 63.999(c), 
if records are not maintained on a computerized database capable of 
generating summary reports from the records.
    (iv) For each instrumental or visual inspection conducted in 
accordance with Sec. 63.983(b)(1) for closed vent systems collecting 
regulated material from a regulated source during which no leaks are 
detected, the owner or operator shall record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (2) Storage vessel and transfer rack records. An owner or operator 
shall keep readily accessible records of the information specified in 
paragraphs (d)(2)(i) and (ii) of this section, as applicable.
    (i) A record of the measured values of the parameters monitored in 
accordance with Sec. 63.985(c) or Sec. 63.987(c).
    (ii) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Secs. 63.983(a), 63.985(a), or 63.987(a), 
as applicable, due to the planned routine maintenance. Such a record 
shall include the information specified in paragraphs (d)(2)(ii)(A) 
through (C) of this section. This information shall be submitted in the 
Periodic Reports as specified in Sec. 63.999(c)(4).
    (A) The first time of day and date the requirements of 
Secs. 63.983(a), Sec. 63.985(a), or Sec. 63.987(a), as applicable, were 
not met at the beginning of the planned routine maintenance, and
    (B) The first time of day and date the requirements of 
Secs. 63.983(a), 63.985(a), or 63.987(a), as applicable, were met at 
the conclusion of the planned routine maintenance.
    (C) A description of the type of maintenance performed.
    (3) Regulated source and control equipment start-up, shutdown and 
malfunction records. (i) Records of the occurrence and duration of each 
start-up, shutdown, and malfunction of operation of process equipment 
or of air pollution control equipment used to comply with this part 
during which excess emissions (as defined in a referencing subpart) 
occur.
    (ii) For each start-up, shutdown, and malfunction during which 
excess emissions occur, records that the procedures specified in the 
source's start-up, shutdown, and malfunction plan were followed, and 
documentation of actions taken that are not consistent with the plan. 
For example, if a start-up, shutdown, and malfunction plan includes 
procedures for routing control device emissions to a backup control 
device (e.g., the incinerator for a halogenated stream could be routed 
to a flare during periods when the primary control device is out of 
service), records must be kept of whether the plan was followed. These 
records may take the form of a ``checklist,'' or other form of 
recordkeeping that confirms conformance with the start-up, shutdown, 
and malfunction plan for the event.
    (4) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(4)(i) and (ii) 
of this section for closed vent systems and control devices if 
specified by the equipment leak provisions in a

[[Page 34884]]

referencing subpart. The records specified in paragraph (d)(4)(i) of 
this section shall be retained for the life of the equipment. The 
records specified in paragraph (d)(4)(ii) of this section shall be 
retained for 5 years.
    (i) The design specifications and performance demonstrations 
specified in paragraphs (d)(4)(i)(A) through (C) of this section.
    (A) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (B) The dates and descriptions of any changes in the design 
specifications.
    (C) A description of the parameter or parameters monitored, as 
required in a referencing subpart, to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (ii) Records of operation of closed vent systems and control 
devices, as specified in paragraphs (d)(4)(ii)(A) through (C) of this 
section.
    (A) Dates and durations when the closed vent systems and control 
devices required are not operated as designed as indicated by the 
monitored parameters.
    (B) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (C) Dates and durations of start-ups and shutdowns of control 
devices required in this subpart.
    (5) 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 Notification of Compliance Status report. This information shall 
also be reported in the Periodic Report.


Sec. 63.999  Notifications and other reports.

    (a) Performance test and flare compliance assessment notifications 
and reports. (1) General requirements. General requirements for 
performance test and flare compliance assessment notifications and 
reports are specified in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test or flare compliance assessment 
at least 30 days before such a compliance demonstration is scheduled to 
allow the Administrator the opportunity to have an observer present. If 
after 30 days notice for such an initially scheduled compliance 
demonstration, there is a delay (due to operational problems, etc.) in 
conducting the scheduled compliance demonstration, the owner or 
operator of an affected facility shall notify the Administrator as soon 
as possible of any delay in the original demonstration date. The owner 
or operator shall provide at least 7 days prior notice of the 
rescheduled date of the compliance demonstration, or arrange a 
rescheduled date with the Administrator by mutual agreement.
    (ii) Unless specified differently in this subpart or a referencing 
subpart, performance test and flare compliance assessment reports, not 
submitted as part of a Notification of Compliance Status report, shall 
be submitted to the Administrator within 60 days of completing the test 
or determination.
    (iii) Any application for a waiver of an initial performance test 
or flare compliance assessment, as allowed by Sec. 63.997(b)(2), shall 
be submitted no later than 90 days before the performance test or 
compliance assessment 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.
    (iv) Any application to substitute a prior performance test or 
compliance assessment for an initial performance test or compliance 
assessment, as allowed by Sec. 63.997(b)(1), shall be submitted no 
later than 90 days before the performance test or compliance test is 
required. The application for substitution shall include information 
demonstrating that the prior performance test or compliance assessment 
was conducted using the same methods specified in Sec. 63.997(e) or 
Sec. 63.987(b)(3), as applicable. The application shall also include 
information demonstrating that no process changes have been made since 
the test, or that the results of the performance test or compliance 
assessment reliably demonstrate compliance despite process changes.
    (2) Performance test and flare compliance assessment report 
submittal and content requirements. Performance test and flare 
compliance assessment reports shall be submitted as specified in 
paragraphs (a)(2)(i) through (iii) of this section.
    (i) For performance tests or flare compliance assessments, the 
Notification of Compliance Status or performance test and flare 
compliance assessment report shall include one complete test report as 
specified in paragraph (a)(2)(ii) of this section for each test method 
used for a particular kind of emission point and other applicable 
information specified in (a)(2)(iii) of this section. For additional 
tests performed for the same kind of emission point using the same 
method, the results and any other information required in applicable 
sections of this subpart shall be submitted, but a complete test report 
is not required.
    (ii) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and 
laboratory analyses, documentation of calculations, and any other 
information required by the test method.
    (iii) The performance test or flare compliance assessment report 
shall also include the information specified in (a)(2)(iii)(A) through 
(C) of this section, as applicable.
    (A) For flare compliance assessments, the owner or operator shall 
submit the records specified in Sec. 63.998(a)(1)(i).
    (B) For nonflare control device and halogen reduction device 
performance tests as required under Secs. 63.988(b), 63.990(b), 
63.994(b), or 63.995(b), also submit the records specified in 
Sec. 63.998(a)(2)(ii), as applicable.
    (C) For recovery devices also submit the records specified in 
Sec. 63.998(a)(3), as applicable.
    (b) Notification of Compliance Status. (1) Routing storage vessel 
or transfer rack emissions to a process or fuel gas system. An owner or 
operator who elects to comply with Sec. 63.982 by routing emissions 
from a storage vessel or transfer rack to a process or to a fuel gas 
system, as specified in Sec. 63.984, shall submit as part of the 
Notification of Compliance Status the information specified in 
paragraphs (b)(1)(i) and (ii), or (iii) of this section, as applicable.
    (i) If storage vessels emissions are routed to a process, the owner 
or operator shall submit the information specified in Sec. 63.984(b)(2) 
and (3).
    (ii) As specified in Sec. 63.984(c), if storage vessels emissions 
are routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to the fuel gas system 
and whether the conveyance system is subject to the requirements of 
Sec. 63.983.
    (iii) As specified in Sec. 63.984(c), report that the transfer rack 
emission stream is being routed to a fuel gas system or process, when 
complying with a referencing subpart.
    (2) Routing storage vessel or low throughput transfer rack 
emissions to a nonflare control device. An owner or

[[Page 34885]]

operator who elects to comply with Sec. 63.982 by routing emissions 
from a storage vessel or low throughput transfer rack to a nonflare 
control device, as specified in Sec. 63.985, shall submit, with the 
Notification of Compliance Status required by a referencing subpart, 
the applicable information specified in paragraphs (b)(2)(i) through 
(vi) of this section. Owners and operators who elect to comply with 
Sec. 63.985(b)(1)(i) by submitting a design evaluation shall submit the 
information specified in paragraphs (b)(2)(i) through (iv) of this 
section. Owners and operators who elect to comply with 
Sec. 63.985(b)(1)(ii) by submitting performance test results from a 
control device for a storage vessel or low throughput transfer rack 
shall submit the information specified in paragraphs (b)(2)(i), (ii), 
(iv), and (v) of this section. Owners and operators who elect to comply 
with Sec. 63.985(b)(1)(ii) by submitting performance test results from 
a shared control device shall submit the information specified in 
paragraph (b)(2)(vi) of this section.
    (i) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed (e.g., when the liquid level in the storage vessel is 
being raised). If continuous records are specified, indicate whether 
the provisions of Sec. 63.999(c)(6) apply.
    (ii) The operating range for each monitoring parameter identified 
in the monitoring plan required by Sec. 63.985(c)(1). The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (iii) The documentation specified in Sec. 63.985(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation.
    (iv) The provisions of paragraph (c)(6) of this section do not 
apply to any low throughput transfer rack for which the owner or 
operator has elected to comply with Sec. 63.985 or to any storage 
vessel for which the owner or operator is not required, by the 
applicable monitoring plan established under Sec. 63.985(c)(1), to keep 
continuous records. If continuous records are required, the owner or 
operator shall specify in the monitoring plan whether the provisions of 
paragraph (c)(6) of this section apply.
    (v) A summary of the results of the performance test described in 
Sec. 63.985(b)(1)(ii). If such a performance test is conducted, submit 
the results of the performance test, including the information 
specified in Sec. 63.999(a)(2)(ii) and (iii).
    (vi) 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.
    (3) Operating range for monitored parameters. The owner or operator 
shall submit as part of the Notification of Compliance Status, the 
operating range for each monitoring parameter identified for each 
control, recovery, or halogen reduction device as determined pursuant 
to Sec. 63.996(c)(6). The specified operating range shall represent the 
conditions for which the control, recovery, or halogen reduction device 
is being properly operated and maintained. This report shall include 
the information in paragraphs (b)(3)(i) through (iii) of this section, 
as applicable, unless the range and the operating day have been 
established in the operating permit.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to 
develop the range and a description of why the range indicates proper 
operation of the control, recovery, or halogen reduction device, as 
specified in paragraphs (b)(3)(ii)(A), (B), or (C) of this section, as 
applicable.
    (A) If a performance test or TRE index value determination is 
required by a referencing subpart for a control, recovery or halogen 
reduction 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 are not required to be conducted over the entire 
range of permitted parameter values.
    (B) If a performance test or TRE index value determination is not 
required by a referencing subpart for a control, recovery, or halogen 
reduction device, the range may be based solely on engineering 
assessments and/or manufacturer's recommendations.
    (C) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The 
definition shall specify the times at which an operating day begins and 
ends.
    (4) Halogen reduction device. The owner or operator shall submit as 
part of the Notification of Compliance Status the information recorded 
pursuant to Sec. 63.998(a)(4).
    (5) Alternative recordkeeping. The owner or operator shall notify 
the Administrator in the Notification of Compliance Status if the 
alternative recordkeeping requirements of Sec. 63.998(b)(5) are being 
implemented. If the Notification of Compliance Status has already been 
submitted, the notification must be in the periodic report submitted 
immediately preceding implementation of the alternative, as specified 
in paragraph (c)(6)(iv) of this section.
    (c) Periodic reports. (1) 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 the referencing subpart, including reports of periods 
when monitored parameters are outside their established ranges.
    (2) For closed vent systems subject to the requirements of 
Sec. 63.983, the owner or operator shall submit as part of the periodic 
report the information specified in paragraphs (c)(2)(i) through (iii) 
of this section, as applicable.
    (i) The information recorded in Sec. 63.998(d)(1)(iii)(B) through 
(E);
    (ii) Reports of the times of all periods recorded under 
Sec. 63.998(d)(1)(ii)(A) when the vent stream is diverted from the 
control device through a bypass line; and
    (iii) Reports of all times recorded under Sec. 63.998(d)(1)(ii)(B) 
when maintenance is performed in 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.
    (3) 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. 63.998(a)(1)(i)(C).
    (4) For storage vessels, the owner or operator shall include in 
each periodic report required the information specified in paragraphs 
(c)(4)(i) through (iii) of this section.
    (i) For the 6-month period covered by the periodic report, the 
information recorded in Sec. 63.998(d)(2)(ii)(A) through (C).
    (ii) For the time period covered by the periodic report and the 
previous periodic report, the total number of hours that the control 
system did not meet the requirements of Secs. 63.983(a),

[[Page 34886]]

63.985(a), or 63.987(a) due to planned routine maintenance.
    (iii) A description of the planned routine maintenance during the 
next 6-month periodic reporting period that is anticipated to be 
performed for the control system when it is not expected to meet the 
required control efficiency. This description shall include the type of 
maintenance necessary, planned frequency of maintenance, and expected 
lengths of maintenance periods.
    (5) If a control device other than a flare is used to control 
emissions from storage vessels or low throughput transfer racks, the 
periodic report shall describe each occurrence when the monitored 
parameters were outside of the parameter ranges documented in the 
Notification of Compliance Status in accordance with paragraph (b)(3) 
of this section. The description shall include the information 
specified in paragraphs (c)(5)(i) and (ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) The cause for the measured parameters to be outside of the 
established ranges.
    (6) For process vents and transfer racks (except low throughput 
transfer racks), periodic reports shall include the information 
specified in paragraphs (c)(6)(i) through (iv) of this section.
    (i) Periodic reports shall include the daily average values of 
monitored parameters, calculated as specified in Sec. 63.998(b)(3)(i) 
for any days when the daily average value is outside the bounds as 
defined in Sec. 63.998(c)(2)(iii) or (c)(3)(iii), or the data 
availability requirements defined in paragraphs (c)(6)(i)(A) through 
(D) of this section are not met, whether these excursions are excused 
or unexcused excursions. For excursions caused by lack of monitoring 
data, the duration of periods when monitoring data were not collected 
shall be specified. An excursion means any of the cases listed in 
paragraphs (c)(6)(i)(A) through (C) of this section. If the owner or 
operator elects not to retain the daily average values pursuant to 
Sec. 63.998(b)(5)(ii)(A), the owner or operator shall report this in 
the periodic report.
    (A) When the daily average value of one or more monitored 
parameters is outside the permitted range.
    (B) When the period of control or recovery device operation is 4 
hours or greater in an operating day and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.
    (C) When the period of control or recovery device operation is less 
than 4 hours in an operating day and more than one of the hours during 
the period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (D) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (c)(6)(i)(B) and (C) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour.
    (ii) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec. 63.998(a)(2)(ii)(C) were outside the 
ranges established in the Notification of Compliance Status or in the 
operating permit.
    (iii) The provisions of paragraph (c)(6)(i) and (ii) of this 
section do not apply to any low throughput transfer rack for which the 
owner or operator has elected to comply with Sec. 63.985 or to any 
storage vessel for which the owner or operator is not required, by the 
applicable monitoring plan established under Sec. 63.985(c)(1), to keep 
continuous records. If continuous records are required, the owner or 
operator shall specify in the monitoring plan whether the provisions of 
paragraphs (c)(6)(i) and (c)(6)(ii) of this section apply.
    (iv) If the owner or operator has chosen to use the alternative 
recordkeeping requirements of Sec. 63.998(b)(5), and has not notified 
the Administrator in the Notification of Compliance Status that the 
alternative recordkeeping provisions are being implemented as specified 
in paragraph (b)(5) of this section, the owner or operator shall notify 
the Administrator in the periodic report submitted immediately 
preceding implementation of the alternative. The notifications 
specified in Sec. 63.998(b)(5)(ii) shall be included in the next 
Periodic Report following the identified event.
    (7) As specified in Sec. 63.997(c)(3), if an owner or operator at a 
facility not required to obtain a title V permit elects at a later date 
to replace an existing control or recovery device with a different 
control or recovery device, then the Administrator shall be notified by 
the owner or operator before implementing the change. This notification 
may be included in the facility's periodic reporting.
    (d) Requests for approval of monitoring alternatives. (1) 
Alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions. Requests for approval to use alternatives to 
continuous operating parameter monitoring and recordkeeping provisions, 
as provided for in Sec. 63.996(d)(1), shall be submitted as specified 
in a referencing subpart, and the referencing subpart will govern the 
review and approval of such requests. The information specified in 
paragraphs (d)(1)(i) and (ii) of this section shall be included.
    (i) A description of the proposed alternative system; and
    (ii) Information justifying the owner or operator's request for an 
alternative method, such as the technical or economic infeasibility, or 
the impracticality, of the regulated source using the required method.
    (2) Monitoring a different parameter than those listed. Requests 
for approval to monitor a different parameter than those established in 
Sec. 63.996(c)(6) of this section or to set unique monitoring 
parameters, as provided for in Sec. 63.996(d)(2), shall be submitted as 
specified as specified in a referencing subpart, and the referencing 
subpart will govern the review and approval of such requests. The 
information specified in paragraphs (d)(2)(i) through (iii) of this 
section shall be included in the request.
    (i) A description of the parameter(s) to be monitored to ensure the 
control technology or pollution prevention measure is operated in 
conformance with its design and achieves the specified emission limit, 
percent reduction, or nominal efficiency, and an explanation of the 
criteria used to select the parameter(s);
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, the schedule for this demonstration, and a statement 
that the owner or operator will establish a range for the monitored 
parameter(s) as part of the Notification of Compliance Status if 
required under a referencing subpart, unless this information has 
already been submitted; and
    (iii) 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 established range will not be included in periodic reports under 
paragraph (c) of this section. The rationale for the proposed 
monitoring, recording, and reporting system shall be included.
    3. Part 63 is amended by adding subpart TT to read as follows:

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

Sec.
63.1000  Applicability.
63.1001  Definitions.
63.1002  Compliance determination.
63.1003  Equipment identification.
63.1004  Instrument and sensory monitoring for leaks.

[[Page 34887]]

63.1005  Leak repair.
63.1006  Valves in gas and vapor service and in light liquid service 
standards.
63.1007  Pumps in light liquid service standards.
63.1008  Connectors in gas and vapor service and in light liquid 
service standards.
63.1009  Agitators in gas and vapor service and in light liquid 
service standards.
63.1010  Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in liquid service; and 
instrumentation systems standards.
63.1011  Pressure relief devices in gas and vapor service standards.
63.1012  Compressor standards.
63.1013  Sampling connection systems standards.
63.1014  Open-ended valves or lines standards.
63.1015  Closed vent systems and control devices; or emissions 
routed to a fuel gas system or process standards.
63.1016  Alternative means of emission limitation: Enclosed-vented 
process units.
63.1017  Recordkeeping requirements.
63.1018  Reporting requirements.

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


Sec. 63.1000  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from equipment leaks for which another subpart references the 
use of this subpart for such air emission control. These air emission 
standards for equipment leaks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to the referencing subpart. The provisions of 40 CFR part 63 
subpart A (General Provisions) do not apply to this subpart except as 
noted in the referencing subpart.
    (b) [Reserved]
    (c) Exemptions. Paragraphs (c)(1) through (c)(3) delineate 
equipment that is excluded from the requirements of this subpart.
    (1) Equipment in vacuum service. Equipment that is in vacuum 
service is excluded from the requirements of this subpart.
    (2) Equipment in service less than 300 hours per calendar year. 
Equipment that is in regulated material service less than 300 hours per 
calendar year is excluded from the requirements of Secs. 63.1006 
through 63.1015 of this subpart if it is identified as required in 
paragraph (c)(2)(ii) of this section.
    (3) Lines and equipment not containing process fluids. Except as 
provided in a referencing subpart, lines and equipment not containing 
process fluids are not subject to the provisions of this subpart. 
Utilities, and other nonprocess lines, such as heating and cooling 
systems which do not combine their materials with those in the 
processes they serve, are not considered to be part of a process unit 
or affected facility.


Sec. 63.1001  Definitions.

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

(Note to definition of ``In light liquid service'': Vapor pressures 
may be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated 
material service is not in gas or vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contracts a fluid (liquid 
or gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec. 63.180(d) of subpart H. 
The provisions of Sec. 63.180(d) of Subpart H also specify how to

[[Page 34888]]

determine that a piece of equipment is not in organic HAP service.
    In regulated material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service'', 
``in VHAP service'', ``in organic hazardous air pollutant service,'' or 
``in other chemicals or groups of chemicals service'' as defined in the 
referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing of equipment. Initial startup does 
not include subsequent startup of process units following malfunction 
or process unit shutdowns. Except for equipment leaks, initial startup 
also does not include subsequent startups (of process units following 
changes in product for flexible operation units or following recharging 
of equipment in batch unit operations).
    Instrumentation system means a group of equipment components used 
to condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are 
the predominant type of equipment used in instrumentation systems; 
however, other types of equipment may also be included in these 
systems. Only valves nominally 1.27 centimeters (0.5 inches) and 
smaller, and connectors nominally 1.91 centimeters (0.75 inches) and 
smaller in diameter are considered instrumentation systems for the 
purposes of this subpart. Valves greater than nominally 1.27 
centimeters (0.5 inches) and connectors greater than nominally 1.91 
centimeters (0.75 inches) associated with instrumentation systems are 
not considered part of instrumentation systems and must be monitored 
individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications 
of liquids dripping include puddling or new stains that are indicative 
of an existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a 
process unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves, 
having one side of the valve seat in contact with process fluid and one 
side open to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to 
indicate the concentration level of organic compounds based on a 
detection principle such as infra-red, photo ionization, or thermal 
conductivity.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable 
working pressure of the process equipment. A common pressure relief 
device is a spring-loaded pressure relief valve. Devices that are 
actuated either by a pressure of less than or equal to 2.5 pounds per 
square inch gauge or by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of 
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 affected. The 
following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops 
production from a process unit, or part of a process unit, for less 
than 24 hours.
    (2) An unscheduled work practice or operations 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.
    (3) The use of spare equipment and technically feasible bypassing 
of equipment without stopping production.
    Referencing subpart means the subpart which refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to gases 
from volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this subpart, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired, for the purposes of this subpart means the following:
    (1) Equipment is adjusted, or otherwise altered, to eliminate a 
leak as defined in the applicable sections of this subpart, and
    (2) Equipment, unless otherwise specified in applicable provisions 
of this subpart, is monitored as specified in Sec. 63.1004(b) and, as 
applicable in Secs. 63.1004(c) and 63.1015 of this part as appropriate, 
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.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) connector means a threaded pipe fitting where 
the threads are cut on the pipe wall and the

[[Page 34889]]

fitting requires only two pieces to make the connection (i.e., the pipe 
and the fitting).
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow 
rate, pH, or liquid level.
    Set pressure means the pressure at which a properly operating 
pressure relief device begins to open to relieve atypical process 
system operating pressure.
    Start-up means the setting into operation of a piece of equipment 
or a control device that is subject to this subpart.


Sec. 63.1002  Compliance determination.

    (a) General procedures for compliance determination. Compliance 
with this subpart will be determined by review of the records required 
by Sec. 63.1017 and the reports required by Sec. 63.1018, by review of 
performance test results, and by inspections.
    (b) Alternative means of emission limitation. The provisions of 
paragraph (b) of this section do not apply to the performance standards 
of Sec. 63.1001(b) for pressure relief devices, Sec. 63.1006(e)(4) for 
valves designated as having no detectable emissions or Sec. 63.1012(f) 
for compressors operating under the alternative compressor standard.
    (1) An owner or operator may request a determination of alternative 
means of emission limitation to the requirements of Secs. 63.1005 
through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this 
section. If the Administrator makes a determination that an alternative 
means of emission limitation is a permissible alternative, the owner or 
operator shall comply with the alternative.
    (2) Permission to use an alternative means of emission limitation 
shall be governed by the following procedures in paragraphs (b)(3) 
through (b)(6) of this section.
    (3) Where the standard is an equipment, design, or operational 
requirement the criteria specified in paragraphs (b)(3)(i) and 
(b)(3)(ii) shall be met.
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (4) Where the standard is a work practice the criteria specified in 
paragraphs (b)(4)(i) through (b)(4)(iv) shall be met.
    (i) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.
    (ii) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the alternative means of emission 
limitation shall be demonstrated.
    (iii) 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.
    (iv) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve 
the same or greater emission reduction as the required work practices 
of this subpart.
    (5) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (6) If, in the judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register.
    (7)(i) Manufacturers of equipment used to control equipment leaks 
of a regulated material may apply to the Administrator for permission 
for an alternative means of emission limitation that achieves a 
reduction in emissions of the regulated material achieved by the 
equipment, design, and operational requirements of this subpart.
    (ii) The Administrator will grant permission according to the 
provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this 
section.


Sec. 63.1003  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Secs. 63.1006 to 63.1015 shall be 
specifically identified as required in paragraphs (b)(1) through (b)(5) 
of this section, as applicable.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provisions of Sec. 63.1008(d)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated.
    (2) Routed to a process or fuel gas system or equipped with a 
closed vent system and control device. Identify the equipment that the 
owner or operator elects to route to a process or fuel gas system or 
equip with a closed vent system and control device, under the 
provisions of Sec. 63.1007(e)(3) (pumps in light liquid service), 
Sec. 63.1009(e)(3) (agitators in gas and vapor service and in light 
liquid service), Sec. 63.1011(d) (pressure relief devices in gas and 
vapor service), Sec. 63.1012(e) (compressors), or Sec. 63.1016 
(alternative means of emission limitation for enclosed vented process 
units) of this subpart.
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.1011(e) of 
this subpart.
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of Sec. 63.1010 of this subpart. Individual 
components in an instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per 
calendar year within a process unit or affected facilities subject to 
the provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1006(e)(1), pumps 
meeting the provisions of Sec. 63.1007(e)(5), connectors meeting the 
provisions of Sec. 63.1008(d)(1), and agitators meeting the provisions 
of Sec. 63.1009(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. Examples of an unsafe-to-monitor 
equipment include, but is not limited to, equipment under extreme 
pressure or heat.

[[Page 34890]]

    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 63.1006(e)(2) of this subpart may be 
designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(i) of this section apply. Agitators meeting the provisions of 
Sec. 63.1009(f)(5) may be designated difficult-to-monitor if the 
provisions of paragraph (c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that 
the equipment cannot be monitored without elevating the monitoring 
personnel more than 2 meters (7 feet) above a support surface or it is 
not accessible in a safe manner when it is in regulated material 
service.
    (B) The process unit or affected facility within which the valve is 
located is an existing source, or the owner or operator designates less 
than 3 percent of the total number of valves in a new source as 
difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more 
than 2 meters (7 feet) above a support surface or it is not accessible 
in a safe manner when it is in regulated material service.
    (3) [Reserved]
    (4) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor according to the provisions of paragraph (c)(1) of 
this section and the planned schedule for monitoring this equipment. 
The owner or operator shall record the identity of equipment designated 
as difficult-to-monitor according to the provisions of paragraph (c)(2) 
of this section, the planned schedule for monitoring this equipment, 
and an explanation why the equipment is difficult-to-monitor. This 
record must be kept at the plant and be available for review by an 
inspector.
    (5) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor except connectors meeting the 
provisions of Sec. 63.1008(d)(1) according to the provisions of 
paragraph (c)(1)(i) of this section shall have a written plan that 
requires monitoring of the equipment as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in Sec. 63.1005 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year, and repair of the equipment according to 
the procedures in Sec. 63.1005 if a leak is detected.
    (d) Special equipment designations: Unsafe-to-repair. (1) 
Designation and criteria. Connectors subject to the provisions of 
Sec. 63.1005(e) may be considered unsafe-to-repair if the owner or 
operator determines that repair personnel would be exposed to an 
immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit or affected facility shutdown 
as specified in Sec. 63.1005(e) of this subpart.
    (2) Identification of equipment. The identity of connectors 
designated as unsafe-to-repair and an explanation why the connector is 
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Equipment operating with no 
detectable emissions. (1) Designation and criteria. Equipment may be 
designated as having no detectable emissions if it has no external 
actuating mechanism in contact with the process fluid, and is operated 
with emissions less than 500 parts per million above background as 
determined by the method specified in Secs. 63.1004(b) and (c).
    (2) Identification of equipment. The identity of equipment 
designated as no detectable emissions shall be recorded.
    (3) Identification of compressors operating under no detectable 
emissions. Identify the compressors that the owner or operator elects 
to designate as operating with an instrument reading of less than 500 
parts per million above background, under the provisions of 
Sec. 63.1012(f).


Sec. 63.1004  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor all regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor 
service and in light liquid service shall be monitored pursuant to 
Sec. 63.1006(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 63.1007(b).
    (iii) Connectors in gas and vapor service and in light liquid 
service shall be monitored pursuant to Sec. 63.1008(b).
    (iv) Agitators in gas and vapor service and in light liquid service 
shall be monitored pursuant to Sec. 63.1009(b).
    (v) Pressure relief devices in gas and vapor service shall be 
monitored pursuant to Sec. 63.1011(c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million as described in Sec. 63.1003(e), shall 
be monitored pursuant to Sec. 63.1012(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec. 63.1007(b)(3) and (e)(1)(v).
    (ii) [Reserved]
    (iii) Agitators in gas and vapor service and in light liquid 
service shall be observed pursuant to Sec. 63.1009(b)(3) or (e)(1)(iv).
    (iv) [Reserved]
    (b) Instrument monitoring methods. Instrument monitoring, as 
required under this subpart, shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40 
CFR part 60, appendix A.
    (2) Detection instrument performance criteria. (i) Except as 
provided for in paragraph (b)(2)(ii) of this section, the detection 
instrument shall meet the performance criteria of Method 21 of 40 CFR 
part 60, appendix A, except the instrument response factor criteria in 
section 3.1.2(a) of Method 21 shall be for the representative 
composition of the process fluid, and not for each individual HAP, VOC 
or other regulated material individual chemical compound in the stream. 
For process streams that contain nitrogen, air, water, or other inerts 
that are not regulated materials, the representative stream response 
factor shall be calculated on an inert-free basis. The response factor 
may be determined at any concentration for which monitoring for leaks 
will be conducted.
    (ii) If there is no instrument commercially available that will 
meet the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid, calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument shall be calibrated before use on each day of its use by the 
procedures specified in Method 21 of 40 CFR part 60, appendix A.
    (4) Detection instrument calibration gas. Calibration gases shall 
be zero air (less than 10 parts per million of hydrocarbon in air); and 
a mixture of methane in air at a concentration of approximately, but 
less than, 10,000 parts per million; or a mixture of n-hexane in air at 
a concentration of

[[Page 34891]]

approximately, but less than, 10,000 parts per million. A calibration 
gas other than methane in air or n-hexane in air may be used if the 
instrument does not respond to methane or n-hexane or if the instrument 
does not meet the performance criteria specified in paragraph (b)(2)(i) 
of this section. In such cases, the calibration gas may be a mixture of 
one or more compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the 
regulated source becoming subject to the referencing subpart that do 
not meet the criteria specified in paragraphs (b)(1) through (b)(5) of 
this section may still be used to initially qualify for less frequent 
monitoring under the provisions in Sec. 63.1006(a)(2), (b)(3) or (b)(4) 
for valves provided the departures from the criteria specified or from 
the specified monitoring frequency of Sec. 63.1006(b)(3) are minor and 
do not significantly affect the quality of the data. Examples of minor 
departures are monitoring at a slightly different frequency (such as 
every six weeks instead of monthly or quarterly), following the 
performance criteria of section 3.1.2(a) of Method 21 of Appendix A of 
40 CFR part 60 instead of paragraph (b)(2) of this section, or 
monitoring at a different leak definition if the data would indicate 
the presence or absence of a leak at the concentration specified in the 
referencing subpart. Failure to use a calibrated instrument is not 
considered a minor departure.
    (c) Instrument monitoring using background adjustments. The owner 
or operator may elect to adjust or not to adjust the instrument 
readings for background. If an owner or operator elects not to adjust 
instrument readings for background, the owner or operator shall monitor 
the equipment according to the procedures specified in paragraphs 
(b)(1) through (b)(4) of this section. In such case, all instrument 
readings shall be compared directly to the applicable leak definition 
for the monitored equipment to determine whether there is a leak or to 
determine compliance with Sec. 63.1011(b) (pressure relief devices in 
gas and vapor service) or Sec. 63.1012(f) (compressors). If an owner or 
operator elects to adjust instrument readings for background, the owner 
or operator shall monitor the equipment according to the procedures 
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(4) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible (as described in 
Method 21 of 40 CFR part 60, appendix A).
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definitions for the monitored equipment to 
determine whether there is a leak or to determine compliance with 
Sec. 63.1011(b) (pressure relief devices in gas and vapor service) or 
Sec. 63.1012(f) (compressors).
    (d) Sensory monitoring methods. Sensory monitoring, as required 
under this subpart, shall consist of detection of a potential leak to 
the atmosphere by visual, audible, olfactory, or any other detection 
method.
    (e) Leaking equipment identification and records. (1) When each 
leak is detected pursuant to the monitoring specified in paragraph (a) 
of this section, a weatherproof and readily visible identification, 
marked with the equipment identification, shall be attached to the 
leaking equipment.
    (2) When each leak is detected, the information specified in 
Sec. 63.1005(e) shall be recorded and kept pursuant to the referencing 
subpart.


Sec. 63.1005  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected no later than 15 calendar days after it is detected, 
except as provided in paragraphs (c) and (d) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected. First attempt at repair for pumps includes, but is 
not limited to, tightening the packing gland nuts and/or ensuring that 
the seal flush is operating at design pressure and temperature. First 
attempt at repair for valves includes, but is not limited to, 
tightening the bonnet bolts, and/or replacing the bonnet bolts, and/or 
tightening the packing gland nuts, and/or injecting lubricant into the 
lubricated packing.
    (b) Leak identification removal. (1) Valves in gas/vapor and light 
liquid service. The leak identification on a valve in gas/vapor or 
light liquid service may be removed after it has been monitored as 
specified in Sec. 63.1006(b), and no leak has been detected during that 
monitoring. The leak identification on a connector in gas/vapor or 
light liquid service may be removed after it has been monitored as 
specified in Sec. 63.1008(b) and no leak has been detected during that 
monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec. 63.1004(e), on equipment determined to have a leak, 
except for a valve in gas/vapor or light liquid service, may be removed 
after it is repaired.
    (c) Delay of repair. Delay of repair can be used as specified in 
any of paragraphs (c)(1) through (c)(5) of this section. The owner or 
operator shall maintain a record of the facts that explain any delay of 
repairs and, where appropriate, why the repair was technically 
infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if the repair is technically infeasible without a process 
unit or affected facility shutdown within 15 days after a leak is 
detected. Repair of this equipment shall occur as soon as practical, 
but not later than by the end of the next process unit or affected 
facility shutdown, except as provided in paragraph (c)(5) of this 
section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that 
does not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the criteria specified in paragraphs (c)(3)(i) and 
(c)(3)(ii) are met.
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is 
collected and destroyed, or recovered in a control or recovery device, 
or routed to a fuel gas system or process complying with Sec. 63.1015 
or Sec. 63.1002(b) of this part.
    (4) Delay of repair for pumps is allowed if the criteria specified 
in paragraphs (c)(4)(i) and (c)(4)(ii) are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined will provide better 
performance or one of the specifications of paragraphs (c)(4)(i)(A) 
through (c)(4)(i)(C) of this section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 63.1007(e)(1) will be installed,
    (B) A pump that meets the requirements of Sec. 63.1007(e)(2) will 
be installed; or

[[Page 34892]]

    (C) A system that routes emissions to a process or a fuel gas 
system or a closed vent system and control device that meets the 
requirements of Sec. 63.1007(e)(3) will be installed.
    (ii) Repair is to be completed as soon as practical, but not later 
than 6 months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the process unit or affected facility shutdown, and 
valve assembly supplies have been depleted, and valve assembly supplies 
had been sufficiently stocked before the supplies were depleted. Delay 
of repair beyond the second process unit or affected facility shutdown 
will not be allowed unless the third process unit or affected facility 
shutdown occurs sooner than 6 months after the first process unit or 
affected facility shutdown.
    (d) Unsafe-to-repair-connectors. Any connector that is designated, 
as described in Sec. 63.1003(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 63.1008(b), and paragraph (a) of 
this section.
    (e) Leak repair records. For each leak detected, the information 
specified in paragraphs (e)(1) through (e)(5) of this section shall be 
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak as 
specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup, shutdown, and 
malfunction plan, as required by the referencing subpart for the 
source, or may be part of a separate document that is maintained at the 
plant site. In such cases, reasons for delay of repair may be 
documented by citing the relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on site before depletion and the reason for depletion.
    (5) Dates of process unit or affected facility shutdowns that occur 
while the equipment is unrepaired.


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

    (a) Compliance schedule. (1) The owner or operator shall comply 
with this section no later than the compliance dates specified in the 
referencing subpart.
    (2) The use of monitoring data generated before the regulated 
source became subject to the referencing subpart to initially qualify 
for less frequent monitoring is governed by the provisions of 
Sec. 63.1004(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b), 
or Sec. 63.1016, or in paragraph (e) of this section, or the 
referencing subpart, the owner or operator shall monitor all valves at 
the intervals specified in paragraphs (b)(3) through (b)(6) of this 
section and shall comply with all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect 
leaks by the method specified in Sec. 63.1004(b) and (c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million or greater.
    (3) Monitoring period. (i) Each valve shall be monitored monthly to 
detect leaks, except as provided in paragraphs (b)(3)(ii), (e)(1), 
(e)(2), and (e)(4) of this section. An owner or operator may otherwise 
elect to comply with one of the alternative standards in paragraphs 
(b)(5) or (b)(6) of this section as specified in paragraph (b)(4) of 
this section.
    (ii)(A) Any valve for which a leak is not detected for 2 successive 
months may be monitored the same month (first, second, or third month) 
of every quarter, beginning with the next quarter, until a leak is 
detected. The first quarterly monitoring shall occur less than 3 months 
following the last monthly monitoring.
    (B) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (C) For purposes of paragraph (b) of this section, quarter means a 
3-month period with the first quarter concluding on the last day of the 
last full month during the 180 days following initial startup.
    (4) Allowance of alternative standards. An owner or operator may 
elect to comply with one of the alternatives specified in either 
paragraph (b)(5) or (b)(6) of this section if the percentage of valves 
leaking is equal to or less than 2.0 percent as determined by the 
procedure in paragraph (c) of this section. An owner or operator must 
notify the Administrator before implementing one of the alternatives 
specified in either paragraph (b)(5) or (b)(6) of this section.
    (5) Allowable percentage alternative. An owner or operator choosing 
to comply with the allowable percentage alternative shall have an 
allowable percentage of leakers no greater than 2.0 percent for each 
affected facility or process unit and shall comply with paragraphs 
(b)(5)(i) and (b)(5)(ii) of this section.
    (i) A compliance demonstration for each affected facility or 
process unit or affected facility complying with this alternative shall 
be conducted initially upon designation, annually, and at other times 
requested by the Administrator. For each such demonstration, all valves 
in gas and vapor and light liquid service within the affected facility 
or process unit shall be monitored within 1 week by the methods 
specified in Sec. 63.1004(b). If an instrument reading exceeds the 
equipment leak level specified in the referencing subpart, a leak is 
detected. The leak percentage shall be calculated as specified in 
paragraph (c) of this section.
    (ii) If an owner or operator decides no longer to comply with this 
alternative, the owner or operator must notify the Administrator in 
writing that the work practice standard described in paragraph (b)(3) 
of this section will be followed.
    (6) Skip period alternatives. An owner or operator may elect to 
comply with one of the alternative work practices specified in 
paragraphs (b)(6)(i) or (b)(6)(ii) of this section. An owner or 
operator electing to use one of these skip period alternatives shall 
comply with paragraphs (b)(6)(iii) and (b)(6)(iv) of this section. 
Before using either skip period alternative, the owner or operator 
shall initially comply with the requirements of paragraph (b)(3) of 
this section. Monitoring data generated before the regulated source 
became subject to the referencing subpart that meets the criteria of 
either Sec. 63.1004(b)(1) through (b)(5), or Sec. 63.1004(b)(6), may be 
used to initially qualify for skip period alternatives.
    (i) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by 
the procedure in paragraph (c) of this section, an owner or operator 
may begin to monitor for leaks once every 6 months.
    (ii) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0 as determined by 
the procedure in

[[Page 34893]]

paragraph (c) of this section, an owner or operator may begin to 
monitor for leaks once every year.
    (iii) If the percent of valves leaking is greater than 2.0, the 
owner or operator shall comply with paragraph (b)(3) of this section, 
but can elect to comply with paragraph (b)(6) of this section if future 
percent of valves leaking is again equal to or less than 2.0.
    (iv) The owner or operator shall keep a record of the monitoring 
schedule and the percent of valves found leaking during each monitoring 
period.
    (c) Percent leaking valves calculation--calculation basis and 
procedures. (1) The owner or operator shall decide no later than the 
compliance date of this subpart, or upon revision of an operating 
permit whether to calculate percent leaking valves on a process unit or 
group of process units basis. Once the owner or operator has decided, 
all subsequent percentage calculations shall be made on the same basis 
and this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(5)(i) of this section.
    (2) The percent of valves leaking shall be determined by dividing 
the sum of valves found leaking during current monitoring and valves 
for which repair has been delayed by the total number of valves subject 
to the requirements of this section.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 63.1005, as applicable.
    (2) After a leak determined pursuant to paragraph (b) or (e)(2) of 
this section has been repaired, the valve shall be monitored at least 
once within the first 3 months after its repair. The monitoring 
required by this paragraph is in addition to the monitoring required to 
satisfy the definition of repair.
    (i) The monitoring shall be conducted as specified in 
Sec. 63.1004(b) and (c), as appropriate, to determine whether the valve 
has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the 
timing of the monitoring period coincides with the time specified in 
this paragraph. Alternatively, other monitoring may be performed to 
satisfy the requirements of this paragraph, regardless of whether the 
timing of the monitoring period for periodic monitoring coincides with 
the time specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted 
pursuant to paragraph (d)(2) 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) 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)(2) 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)(2) 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. 63.1003(c)(1), as an 
unsafe-to-monitor valve, is exempt from the monitoring requirements of 
paragraph (b) of this section, and the owner or operator shall monitor 
the valve according to the written plan specified in 
Sec. 63.1003(c)(5).
    (2) Difficult-to-monitor. Any valve that is designated, as 
described in Sec. 63.1003(c)(2), as a difficult-to-monitor valve, is 
exempt from the requirements of paragraph (b) of this section, and the 
owner or operator shall monitor the valve according to the written plan 
specified in Sec. 63.1003(c)(5).
    (3) Less than 250 valves. Any equipment located at a plant site 
with fewer than 250 valves in regulated material service is exempt from 
the monthly monitoring specified in paragraph (b)(3)(i) of this 
section. Instead, the owner or operator shall monitor each valve in 
regulated material service for leaks once each quarter, or comply with 
paragraphs (b)(3)(ii)(A), (b)(3)(ii)(B), or (b)(3)(ii)(C) of this 
section except as provided in paragraphs (e)(1) and (e)(2) of this 
section.
    (4) No detectable emissions. (i) Any valve that is designated, as 
described in Sec. 63.1003(e), as having no detectable emissions is 
exempt from the requirements of paragraphs (b) through (c) of this 
section if the owner or operator meets the criteria specified in 
paragraphs (e)(4)(i)(A) and (e)(4)(i)(B) of this section.
    (A) Tests the valve for operation with emissions less than 500 
parts per million above background as determined by the method 
specified in Sec. 63.1004(c) initially upon designation, annually, and 
at other times requested by the Administrator, and
    (B) Records the dates of each compliance demonstration, the 
background level measured during each compliance test, and the maximum 
instrument reading measured at the equipment during each compliance 
test.
    (ii) A valve may not be designated or operated for no detectable 
emissions, as described in Sec. 63.1003(e), if the valve has an 
instrument reading greater than 500 parts per million above background.


Sec. 63.1007  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b), 
or Sec. 63.1016 of this subpart or paragraph (e) of this section, the 
owner or operator shall monitor each pump monthly to detect leaks and 
shall comply with all other provisions of this section.
    (1) Monitoring method. The pumps shall be monitored to detect leaks 
by the method specified in Sec. 63.1004(b) of this subpart.
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 10,000 parts per million.
    (3) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal, a leak is detected. Unless the 
owner or operator demonstrates (e.g., through instrument monitoring) 
that the indications of liquids dripping are due to a condition other 
than process fluid drips, the leak shall be repaired according to the 
procedures of paragraph (b)(4) of this section.
    (4) Visual inspection: Leak repair. Where a leak is identified by 
visual indications of liquids dripping, repair shall mean that the 
visual indications of liquids dripping have been eliminated.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the compliance date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) The number of pumps at a process unit shall be the sum of all 
the pumps in regulated material service, except that pumps found 
leaking in a continuous process unit or within 1 month after startup of 
the pump shall not count in

[[Page 34894]]

the percent leaking pumps calculation for that one monitoring period 
only.
    (3) Percent leaking pumps shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.009

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through 
monthly monitoring as required in paragraph (b) of this section. Do not 
include results from inspection of unsafe-to-monitor pumps pursuant to 
paragraph (e)(6) of this section.
PT = Total pumps in regulated material service, including 
those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and 
(e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up 
during the current monitoring period.

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


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b), 
or Sec. 63.1016 of this subpart, or the referencing subpart, the owner 
or operator shall monitor all connectors within 5 days by the method 
specified in Sec. 63.1004(b) if evidence of a potential leak is found 
by visual, audible, olfactory, or any other detection method. No 
monitoring is required if the evidence of a potential leak is 
eliminated within 5 days. If an instrument reading of 10,000 parts per 
million or greater is measured, a leak is detected.
    (c) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1005, as applicable.
    (d) Special provisions for connectors. (1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in 
Sec. 63.1003(c)(1), as an unsafe-to-monitor connector is exempt from 
the requirements of paragraph (b) of this section and the owner or 
operator shall monitor according to the written plan specified in 
Sec. 63.1003(c)(5).

[[Page 34895]]

    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraph (b) of this section, the leak repair 
requirements of paragraph (c) of this section, and the recordkeeping 
and reporting requirements of Sec. 63.1017 and Sec. 63.1018. An 
inaccessible connector is a connector that meets any of the provisions 
specified in paragraphs (d)(2)(i)(A) through (d)(2)(i)(F) of this 
section, as applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe; or
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters 
(25 feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (ii) If any inaccessible ceramic or ceramic-lined connector is 
noted to have a leak by visual, audible, olfactory, or other means, the 
leak to the atmosphere shall be eliminated as soon as practical.


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. (1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in 
Sec. 63.1004(b), or Sec. 63.1016, except as provided in Sec. 63.1002(b) 
or in paragraph (e) of this section.
    (2) Instrument reading that defines a leak. If an instrument 
reading equivalent of 10,000 parts per million or greater is measured, 
a leak is detected.
    (3) Visual inspection. Each agitator seal shall be checked by 
visual inspection each calendar week for indications of liquids 
dripping from the agitator seal. 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 agitator seal, the 
owner or operator shall follow the procedures specified in paragraphs 
(b)(3)(i) and (b)(3)(ii) of this section prior to the next required 
inspection.
    (i) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1004(b) to determine if there is a leak of 
regulated material. If an instrument reading of 10,000 parts per 
million or greater is measured, a leak is detected, and it shall be 
repaired using the procedures in paragraph (d) of this section;
    (ii) The owner or operator shall eliminate the indications of 
liquids dripping from the agitator seal.
    (c) [Reserved]
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec. 63.1005, as applicable.
    (e) Special provisions for agitators. (1) Dual mechanical seal. 
Each agitator equipped with a dual mechanical seal system that includes 
a barrier fluid system is exempt from the requirements of paragraph (b) 
of this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that meets the requirements of Sec. 63.1015; 
or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in either paragraph (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal shall as 
specified in Sec. 63.1004(b) to determine the presence of regulated 
material in the barrier fluid. If an instrument reading of 10,000 parts 
per million or greater is measured, a leak is detected and it shall be 
repaired using the procedures in Sec. 63.1005; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system 
shall meet the requirements specified in paragraphs (e)(1)(vi)(A) 
through (e)(1)(vi)(D).
    (A) The owner or operator shall determine, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates 
failure of the seal system, the barrier fluid system, or both.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (C) If indications of liquids dripping from the agitator seal 
exceed the criteria established in paragraphs (e)(1)(vi)(A) and 
(e)(1)(vi)(B) of this section, or if, based on the criteria established 
in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the 
sensor indicates failure of the seal system, the barrier fluid system, 
or both, a leak is detected.
    (D) When a leak is detected, it shall be repaired using the 
procedures in Sec. 63.1005.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from the requirements of 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. 63.1015 is exempt from the monitoring 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

[[Page 34896]]

the weekly visual inspection requirement of paragraphs (b)(3) and 
(e)(1)(iv) of this section, and the daily requirements of paragraph 
(e)(1)(v) of this section, provided that each agitator is visually 
inspected as often as practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1003(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (b) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec. 63.1003(c)(5).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (b) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1003(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in 
Sec. 63.1003(c)(5).


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. (1) Monitoring method. Unless otherwise 
specified in Sec. 63.1002(b), or Sec. 63.1016, the owner or operator 
shall comply with paragraphs (b)(1) and (b)(2) of this section. Pumps, 
valves, connectors, and agitators in heavy liquid service; pressure 
relief devices in light liquid or heavy liquid service; and 
instrumentation systems shall be monitored within 5 calendar days by 
the method specified in Sec. 63.1004(b) if evidence of a potential leak 
to the atmosphere is found by visual, audible, olfactory, or any other 
detection method. If such a potential leak is repaired as required in 
paragraph (c) of this section, it is not necessary to monitor the 
system for leaks by the method specified in Sec. 63.1004(b).
    (2) Instrument reading that defines a leak. For systems monitored 
by the method specified in Sec. 63.1004(b), if an instrument reading of 
10,000 parts per million or greater is measured, a leak is detected. If 
a leak is detected, it shall be identified pursuant to Sec. 63.1004(e) 
and repaired pursuant to Sec. 63.1005.
    (c) Leak repair. If a leak is determined pursuant to this section, 
then the leak shall be repaired using the procedures in Sec. 63.1005, 
as applicable. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in 
Sec. 63.1004(b), repaired shall mean that the visual, audible, 
olfactory, or other indications of a leak to the atmosphere have been 
eliminated; that no bubbles are observed at potential leak sites during 
a leak check using soap solution; or that the system will hold a test 
pressure.


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

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


Sec. 63.1012  Compressor standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere, except as provided in 
Sec. 63.1002(b) and paragraphs (e) and (f) of this section. Each 
compressor seal system shall meet the requirements specified in 
paragraphs (b)(1), (b)(2), or (b)(3) of this section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that 
is routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that meets the requirements of Sec. 63.1015; 
or
    (3) Equipped with a closed-loop system that purges the barrier 
fluid directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator 
shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, 
a leak is detected and shall be repaired pursuant to Sec. 63.1005, as 
applicable.

[[Page 34897]]

    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a 
closed vent system and control device. A compressor is exempt from the 
requirements of paragraphs (b) through (d) of this section if it is 
equipped with a system to capture and transport leakage from the 
compressor drive shaft seal to a process or a fuel gas system or to a 
closed vent system that captures and transports leakage from the 
compressor to a control device meeting the requirements of 
Sec. 63.1015.
    (f) Alternative compressor standard. (1) Any compressor that is 
designated as described in Sec. 63.1003(e)(e) as operating with no 
detectable emissions shall operate at all times with an instrument 
reading of less than 500 parts per million. A compressor so designated 
is exempt from the requirements of paragraphs (b) through (d) of this 
section if the compressor is demonstrated initially upon designation, 
annually, and at other times requested by the Administrator to be 
operating with an instrument reading of less than 500 parts per million 
as measured by the method specified in Sec. 63.1004(c). A compressor 
may not be designated or operated having an instrument reading of less 
than 500 parts per million as described in Sec. 63.1003(e) if the 
compressor has a maximum instrument reading greater than 500 parts per 
million.
    (2) The owner or operator shall record the dates and results of 
each compliance test including the background level measured and the 
maximum instrument reading measured during each compliance test.
    (g) Reciprocating compressor exemption. Any existing reciprocating 
compressor in a process unit or affected facility that becomes an 
affected facility under provisions of 40 CFR 60.14 or 60.15 is exempt 
from paragraphs (b), (c), and (d) of this section provided the owner or 
operator demonstrates that recasting the distance piece or replacing 
the compressor are the only options available to bring the compressor 
into compliance with the provisions of the above exempted paragraphs of 
this section.


Sec. 63.1013  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed purge, closed loop, or closed vent system, 
except as provided in paragraph (d) of this section. Gases displaced 
during filling of the sample container are not required to be collected 
or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system except as provided in paragraph (d) of this 
section shall meet the applicable requirements specified in paragraphs 
(c)(1) through (c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a 
process line or fuel gas system meeting the compliance determinations 
in Secs. 63.1015 or 63.1002(b) as appropriate; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a control device that meets the requirements of 
Sec. 63.1015; or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR 
part 63, subpart G, if the waste management unit is complying with the 
provisions of 40 CFR part 63, subpart G, applicable to group 1 
wastewater streams. If the purged process fluid does not contain any 
organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste 
management unit need not be subject to, and operated in compliance with 
the requirements of 40 CFR part 63, subpart G, applicable to subject 
wastewater steams provided the facility has 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 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.
    (5) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.


Sec. 63.1014  Open-ended valves or lines standards.

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


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and nonflare control devices used to comply with provisions of 
this subpart shall design and operate the closed vent system and 
nonflare control devices to reduce emissions of regulated material with 
an efficiency of 95 percent or

[[Page 34898]]

greater or to reduce emissions of regulated material to a concentration 
of 20 parts per million by volume or, for an enclosed combustion 
device, to provide a minimum of 760 deg. C (1400 deg. F). Owners and 
operators of closed vent systems and nonflare control devices used to 
comply with this subpart shall comply with the provisions of subpart SS 
of this part, except as provided in Sec. 63.1002(b).
    (2) Owners or operators of closed vent systems and flares used to 
comply with the provisions of this subpart shall design and operate the 
flare as specified in subpart SS of this part, except as provided in 
Sec. 63.1002(b).
    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of subpart 
SS of this part, except as provided in Sec. 63.1002(b).


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

    (a) Use of closed vent system and control device. Process units of 
affected facilities or portions of process units of affected facilities 
enclosed in such a manner that all emissions from equipment leaks are 
routed to a process or fuel gas system or collected and vented through 
a closed vent system to a control device meeting the requirements of 
either Sec. 63.1015 or Sec. 63.1002(b) are exempt from the requirements 
of Secs. 63.1006 through 63.1014. The enclosure shall be maintained 
under a negative pressure at all times while the process unit or 
affected facility is in operation to ensure that all emissions are 
routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities 
and the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, 
enclosure, and closed vent system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.


Sec. 63.1017  Recordkeeping requirements.

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


Sec. 63.1018  Reporting requirements.

    (a) Periodic Reports. The owner or operator shall report the 
information specified in paragraphs (a)(1) through (a)(2) of this 
section, as applicable, in the periodic report specified in the 
referencing subpart.
    (1) The initial Periodic Report shall include the information 
specified in paragraphs (a)(1)(i) through (a)(1)(iv) and (a)(2) of this 
section.
    (i) Process unit or affected facility identification.
    (ii) Number of valves subject to the requirements of Sec. 63.1006, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec. 63.1006(e)(4).
    (iii) Number of pumps subject to the requirements of Sec. 63.1007, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec. 63.1007(e)(2) and those pumps complying with the 
closed vent system provisions of Sec. 63.1007(e)(3).
    (iv) Number of compressors subject to the requirements of 
Sec. 63.1012, excluding those compressors designated for no detectable 
emissions under the provisions of Sec. 63.1012(f) and those compressors 
complying with the closed vent system provisions of Sec. 63.1012(e).
    (2) Each periodic report shall contain the information listed in 
paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable.
    (i) Process unit identification.

[[Page 34899]]

    (ii) For each month during the semiannual reporting period,
    (A) Number of valves for which leaks were detected as described in 
Sec. 63.1006(b),
    (B) Number of valves for which leaks were not repaired as required 
in Sec. 63.1006(d),
    (C) Number of pumps for which leaks were detected as described in 
Sec. 63.1007(b) and Sec. 63.1007(e)(1)(vi),
    (D) Number of pumps for which leaks were not repaired as required 
in Secs. 63.1007(d) and (e)(5),
    (E) Number of compressors for which leaks were detected as 
described in Sec. 63.1012(d)(1),
    (F) Number of compressors for which leaks were not repaired as 
required in Sec. 63.1012(d)(1), and
    (G) The facts that explain each delay of repair and, where 
appropriate, why the repair was technically infeasible without a 
process unit or affected facility shutdown.
    (iii) Dates of process unit or affected facility shutdowns which 
occurred within the periodic report reporting period.
    (iv) Revisions to items reported according to paragraph (a)(1) of 
this section if changes have occurred since the initial report or 
subsequent revisions to the initial report.
    (b) Special notifications. An owner or operator electing to comply 
with either of the alternatives in Sec. 63.1006(b)(5) or (6) shall 
notify the Administrator of the alternative standard selected before 
implementing either of the provisions.
    4. Part 63 is amended by adding subpart UU as follows:

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

Sec.
63.1019  Applicability.
63.1020  Definitions.
63.1021  Alternative means of emission limitation.
63.1022  Equipment identification.
63.1023  Instrument and sensory monitoring for leaks.
63.1024  Leak repair.
63.1025  Valves in gas and vapor service and in light liquid service 
standards.
63.1026  Pumps in light liquid service standards.
63.1027  Connectors in gas and vapor service and in light liquid 
service standards.
63.1028  Agitators in gas and vapor service and in light liquid 
service standards.
63.1029  Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in liquid service; and 
instrumentation systems standards.
63.1030  Pressure relief devices in gas and vapor service standards.
63.1031  Compressors standards.
63.1032  Sampling connection systems standards.
63.1033  Open-ended valves or lines standards.
63.1034  Closed vent systems and control devices; or emissions 
routed to a fuel gas system or process standards.
63.1035  Quality improvement program for pumps.
63.1036  Alternative means of emission limitation: Batch processes.
63.1037  Alternative means of emission limitation: Enclosed vented 
process units or affected facilities.
63.1038  Recordkeeping requirements.
63.1039  Reporting requirements.
Table 1 to Subpart UU--Batch Processes Monitoring Frequency for 
Equipment Other Than Connectors

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


Sec. 63.1019  Applicability.

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


Sec. 63.1020  Definitions.

    All terms used in this part shall have the meaning given them in 
the Act and in this section.
    Batch process means a process in which the equipment is fed 
intermittently or discontinuously. Processing then occurs in this 
equipment after which the equipment is generally emptied. Examples of 
industries that use batch processes include pharmaceutical production 
and pesticide production.
    Batch product-process equipment train means the collection of 
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured 
to produce a specific product or intermediate by a batch process.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented directly to the atmosphere.
    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.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec. 63.1027(e)(2).
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable),

[[Page 34900]]

analyze, and provide a record of process or control system parameters.
    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. Primary condensers on steam strippers or 
fuel gas systems are not considered control devices.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the 
two block valves.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in regulated material service; 
and any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Secs. 63.1023(b) and (c) of this subpart in to verify whether the leak 
is repaired, unless the owner or operator determines by other means 
that the leak is not repaired.
    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 a fuel gas in combustion 
equipment, such as furnaces and gas turbines, either singly or in 
combination.
    In food and medical service means that a piece of equipment in 
regulated material service contacts a process stream used to 
manufacture a Food and Drug Administration regulated product where 
leakage of a barrier fluid into the process stream would cause any of 
the following:
    (1) A dilution of product quality so that the product would not 
meet written specifications,
    (2) An exothermic reaction which is a safety hazard,
    (3) The intended reaction to be slowed down or stopped, or
    (4) An undesired side reaction to occur.
    In gas and vapor service means that a piece of equipment in 
regulated material service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in 
regulated material service is not in gas and vapor service or in light 
liquid service.
    In light liquid service means that a piece of equipment in 
regulated material service contains a liquid that meets the following 
conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 deg. C,
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 
20 deg. C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.

(Note to definition of ``in light liquid service'': Vapor pressures 
may be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated 
material service is not in gas and vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that piece of equipment either contains or contracts a fluid (liquid or 
gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec. 63.180(d) of subpart H. 
The provisions of Sec. 63.180(d) of subpart H also specify how to 
determine that a piece of equipment is not in organic HAP service.
    In regulated material service means, for the purposes of this 
subpart, equipment which meets the definition of ``in VOC service,'' 
``in VHAP service,'' ``in organic hazardous air pollutant service,'' or 
``in'' other chemicals or groups of chemicals ``service'' as defined in 
the referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing of equipment. Initial startup does 
not include subsequent startup of process units following malfunction 
or process unit shutdowns. Except for equipment leaks, initial startup 
also does not include subsequent startups (of process units following 
changes in product for flexible operation units or following recharging 
of equipment in batch unit operations).
    Instrumentation system means a group of equipment components used 
to condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are 
the predominant type of equipment used in instrumentation systems; 
however, other types of equipment may also be included in these 
systems. Only valves nominally 1.27 centimeters (0.5 inches) and 
smaller, and connectors nominally 1.91 centimeters (0.75 inches) and 
smaller in diameter are considered instrumentation systems for the 
purposes of this subpart. Valves greater than nominally 1.27 
centimeters (0.5 inches) and connectors greater than nominally 1.91 
centimeters (0.75 inches) associated with instrumentation systems are 
not considered part of instrumentation systems and must be monitored 
individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications 
of liquids dripping include puddling or new stains that are indicative 
of an existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a 
process unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves, 
having one side of the valve seat in contact with process fluid and one 
side open to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to 
indicate the concentration level of organic compounds based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity.
    Polymerizing monomer means 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 due to a malfunction in the process.

[[Page 34901]]

    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable 
working pressure of the process equipment. A common pressure relief 
device is a spring-loaded pressure relief valve. Devices that are 
actuated either by a pressure of less than or equal to 2.5 pounds per 
square inch gauge or by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of 
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 affected. The 
following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops 
production from a process unit, or part of a process unit, for less 
than 24 hours.
    (2) An unscheduled work practice or operations 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.
    (3) The use of spare equipment and technically feasible bypassing 
of equipment without stopping production.
    Referencing subpart means the subpart that refers an owner or 
operator to this subpart.
    Regulated material, for purposes of this part, refers to gas from 
volatile organic liquids (VOL), volatile organic compounds (VOC), 
hazardous air pollutants (HAP), or other chemicals or groups of 
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this part, means the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired, for the purposes of this subpart, means that equipment is 
adjusted, or otherwise altered, to eliminate a leak as defined in the 
applicable sections of this subpart and unless otherwise specified in 
applicable provisions of this subpart, is monitored as specified in 
Secs. 63.1023(b) and (c) 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.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) connector means a threaded pipe fitting where 
the threads are cut on the pipe wall and the fitting requires only two 
pieces to make the connection (i.e., the pipe and the fitting).
    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 this subpart, the pressure 
at which a properly operating pressure relief device begins to open to 
relieve atypical process system operating pressure.
    Start-up means the setting into operation of a piece of equipment 
or a control device that is subject to this subpart.


Sec. 63.1021  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b) 
of this section do not apply to the performance standards of 
Sec. 63.1030(b) for pressure relief devices or Sec. 63.1031(f) for 
compressors operating under the alternative compressor standard.
    (b) Requests by owners or operators. An owner or operator may 
request a determination of alternative means of emission limitation to 
the requirements of Secs. 63.1025 through 63.1034 as provided in 
paragraph (d) of this section. If the Administrator makes a 
determination that a means of emission limitation is a permissible 
alternative, the owner or operator shall either comply with the 
alternative or comply with the requirements of Secs. 63.1025 through 
63.1034.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of 
equipment used to control equipment leaks of the regulated material may 
apply to the Administrator for permission for an alternative means of 
emission limitation that achieves a reduction in emissions of the 
regulated material achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of 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.

[[Page 34902]]

    (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 judgement of the Administrator, an alternative means 
of emission limitation will be approved, the Administrator will publish 
a notice of the determination in the Federal Register using the 
procedures specified in the referencing subpart.


Sec. 63.1022  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, by designation 
of process unit or affected facility boundaries by some form of 
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Secs. 63.1023 through 63.1034 shall 
be specifically identified as required in paragraphs (b)(1) through 
(b)(5) of this section, as applicable. This paragraph does not apply to 
an owner or operator of a batch product process who elects to pressure 
test the batch product process equipment train pursuant to 
Sec. 63.1036.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provision of Sec. 63.1027(e)(2) and 
instrumentation systems identified pursuant to paragraph (b)(4) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated. With respect to connectors, the 
identification shall be complete no later than the completion of the 
initial survey required by paragraph (a) of this section.
    (2) Routed to a process or fuel gas system or equipped with a 
closed vent system and control device. Identify the equipment that the 
owner or operator elects to route to a process or fuel gas system or 
equip with a closed vent system and control device, under the 
provisions of Sec. 63.1026(e)(3) (pumps in light liquid service), 
Sec. 63.1028(e)(3) (agitators), Sec. 63.1030(d) (pressure relief 
devices in gas and vapor service), Sec. 63.1031(e) (compressors), or 
Sec. 63.1037(a) (alternative means of emission limitation for enclosed-
vented process units).
    (3) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.1030(e).
    (4) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of Sec. 63.1029 of this subpart. Individual 
components in an instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The 
identity, either by list, location (area or group), or other method, of 
equipment in regulated material service less than 300 hours per 
calendar year within a process unit or affected facilities subject to 
the provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1025(e)(1), pumps 
meeting the provisions of Sec. 63.1026(e)(6), connectors meeting the 
provisions of Sec. 63.1027(e)(1), and agitators meeting the provisions 
of Sec. 63.1028(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. Examples of unsafe-to-monitor equipment 
include, but is not limited to, equipment under extreme pressure or 
heat.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 63.1025(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) apply. 
Agitators meeting the provisions of Sec. 63.1028(e)(5) may be 
designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that 
the valve cannot be monitored without elevating the monitoring 
personnel more than 2 meters (7 feet) above a support surface or it is 
not accessible in a safe manner when it is in regulated material 
service; and
    (B) The process unit or affected facility within which the valve is 
located is an existing source, or the owner or operator designates less 
than 3 percent of the total number of valves in a new source as 
difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be monitored without elevating the monitoring personnel more 
than 2 meters (7 feet) above a support surface or it is not accessible 
in a safe manner when it is in regulated material service.
    (3) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor according to the provisions of paragraph (c)(1) of 
this section and the planned schedule for monitoring this equipment. 
The owner or operator shall record the identity of equipment designated 
as difficult-to-monitor according to the provisions of paragraph (c)(2) 
of this section, the planned schedule for monitoring this equipment, 
and an explanation why the equipment is unsafe or difficult-to-monitor. 
This record must be kept at the plant and be available for review by an 
inspector.
    (4) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor according to the provisions 
of paragraph (c)(1) of this section shall have a written plan that 
requires monitoring of the equipment as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in Sec. 63.1024 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year and repair of the equipment according to 
the procedures in Sec. 63.1024 if a leak is detected.
    (d) Special equipment designations: Equipment that is unsafe-to-
repair. (1) Designation and criteria. Connectors

[[Page 34903]]

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


Sec. 63.1023  Instrument and sensory monitoring for leaks.

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

[[Page 34904]]

instrument is not considered a minor departure.
    (c) Instrument monitoring using background adjustments. The owner 
or operator may elect to adjust or not to adjust the instrument 
readings for background. If an owner or operator elects not to adjust 
instrument readings for background, the owner or operator shall monitor 
the equipment according to the procedures specified in paragraphs 
(b)(1) through (b)(5) of this section. In such cases, all instrument 
readings shall be compared directly to the applicable leak definition 
for the monitored equipment to determine whether there is a leak or to 
determine compliance with Sec. 63.1030(b) (pressure relief devices) or 
Sec. 63.1031(f) (alternative compressor standard). If an owner or 
operator elects to adjust instrument readings for background, the owner 
or operator shall monitor the equipment according to the procedures 
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(5) of this 
section shall apply.
    (2) The background level shall be determined, using the procedures 
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definition for the monitored equipment to 
determine whether there is a leak or to determine compliance with 
Sec. 63.1030(b) (pressure relief devices) or Sec. 63.1031(f) 
(alternative compressor standard).
    (d) Sensory monitoring methods. Sensory monitoring consists of 
visual, audible, olfactory, or any other detection method used to 
determine a potential leak to the atmosphere.
    (e) Leaking equipment identification and records. (1) When each 
leak is detected pursuant to the monitoring specified in paragraph (a) 
of this section, a weatherproof and readily visible identification, 
shall be attached to the leaking equipment.
    (2) When each leak is detected, the information specified in 
Sec. 63.1024(f) shall be recorded and kept pursuant to the referencing 
subpart, except for the information for connectors complying with the 8 
year monitoring period allowed under Sec. 63.1027(b)(3)(iii) shall be 
kept 5 years beyond the date of its last use.


Sec. 63.1024  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical, but not later than 15 calendar days 
after it is detected, except as provided in paragraphs (d) and (e) of 
this section. A first attempt at repair as defined in this subpart 
shall be made no later than 5 calendar days after the leak is detected. 
First attempt at repair for pumps includes, but is not limited to, 
tightening the packing gland nuts and/or ensuring that the seal flush 
is operating at design pressure and temperature. First attempt at 
repair for valves includes, but is not limited to, tightening the 
bonnet bolts, and/or replacing the bonnet bolts, and/or tightening the 
packing gland nuts, and/or injecting lubricant into the lubricated 
packing.
    (b) [Reserved]
    (c) Leak identification removal. (1) Valves and connectors in gas/
vapor and light liquid service. The leak identification on a valve in 
gas/vapor or light liquid service may be removed after it has been 
monitored as specified in Sec. 63.1025(d)(2), and no leak has been 
detected during that monitoring. The leak identification on a connector 
in gas/vapor or light liquid service may be removed after it has been 
monitored as specified in Sec. 63.1027(b)(3)(iv) and no leak has been 
detected during that monitoring.
    (2) Other equipment. The identification that has been placed, 
pursuant to Sec. 63.1023(e)(1), on equipment determined to have a leak, 
except for a valve or for a connector in gas/vapor or light liquid 
service that is subject to the provisions of Sec. 63.1027(b)(3)(iv), 
may be removed after it is repaired.
    (d) Delay of repair. Delay of repair is allowed for any of the 
conditions specified in paragraphs (d)(1) through (d)(5) of this 
section. The owner or operator shall maintain a record of the facts 
that explain any delay of repairs and, where appropriate, why the 
repair was technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days after a leak is detected is 
technically infeasible without a process unit or affected facility 
shutdown. Repair of this equipment shall occur as soon as practical, 
but no later than the end of the next process unit or affected facility 
shutdown, except as provided in paragraph (d)(5) of this section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that 
does not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of 
this section are met.
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is 
collected and destroyed, collected and routed to a fuel gas system or 
process, or recovered in a control device complying with either 
Sec. 63.1034 or Sec. 63.1021(b) of this part.
    (4) Delay of repair for pumps is also allowed if the provisions of 
paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions 
of Sec. 63.1035(d) will provide better performance or one of the 
specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this 
section are met.
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 63.1026(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 63.1026(e)(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. 63.1026(e)(3) will be installed; and
    (ii) Repair is completed as soon as practical, but not later than 6 
months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the process unit or affected facility shutdown, and 
valve assembly supplies have been depleted, and valve assembly supplies 
had been sufficiently stocked before the supplies were depleted. Delay 
of repair beyond the second process unit or affected facility shutdown 
will not be allowed unless the third process unit or affected facility 
shutdown occurs sooner than 6 months after the first process unit or 
affected facility shutdown.
    (e) Unsafe-to-repair--connectors. Any connector that is designated, 
as described in Sec. 63.1022(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 63.1027(d), and paragraph (a) of 
this section.
    (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

[[Page 34905]]

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


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

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

[[Page 34906]]

[GRAPHIC] [TIFF OMITTED] TR29JN99.010


where:

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

    (iv) The owner or operator shall maintain records specified in 
paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section.
    (A) Which valves are assigned to each subgroup,
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period,
    (C) Which valves are reassigned, the last monitoring result prior 
to reassignment, and when they were reassigned, and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of 
the decision to subgroup valves. The notification shall identify the 
participating process units and the number of valves assigned to each 
subgroup, if applicable, and may be included in the next Periodic 
Report.
    (vi) The owner or operator shall submit in the periodic reports the 
information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B).
    (A) Total number of valves in each subgroup, and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (c)(2) of this section shall be 
used.
    (viii) Except for the overall performance calculations required by 
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a process unit for the purposes of applying the 
provisions of this section.
    (c) Percent leaking valves calculation. (1) Calculation basis and 
procedures. (i) The owner or operator shall decide no later than the 
compliance date of this part or upon revision of an operating permit 
whether to calculate percent leaking valves on a process unit or group 
of process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis and 
this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each 
process unit or valve subgroup, as provided in paragraph (b)(4) of this 
section, shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.011

where:

%VL = Percent leaking valves.
VL = Number of valves found leaking, excluding nonrepairable 
valves, as provided in paragraph (c)(3) of this section, and including 
those valves found leaking pursuant to paragraphs (d)(2)(iii)(A) and 
(d)(2)(iii)(B) of this section.
VT = The sum of the total number of valves monitored.

    (2) Calculation for monitoring frequency. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
monthly, quarterly, or semiannual monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last two monitoring periods. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
annual or biennial (once every 2 years) monitoring frequencies, the 
percent leaking valves shall be the arithmetic average of the percent 
leaking valves from the last three monitoring periods.
    (3) Nonrepairable valves. (i) Nonrepairable valves shall be 
included in the calculation of percent leaking valves the first time 
the valve is identified as leaking and nonrepairable and as required to 
comply with paragraph (c)(3)(ii) of this section. Otherwise, a number 
of nonrepairable valves (identified and included in the percent leaking 
valves calculation in a previous period) up to a maximum of 1 percent 
of the total number of valves in regulated material service at a 
process unit or affected facility may be excluded from calculation of 
percent leaking valves for subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in regulated material service at a process unit 
or affected facility, the number of nonrepairable valves exceeding 1 
percent of the total number of valves in regulated material service 
shall be included in the calculation of percent leaking valves.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 63.1024, as applicable.
    (2) After a leak has been repaired, the valve shall be monitored at 
least once within the first 3 months after its repair. The monitoring 
required by this paragraph is in addition to the monitoring required to 
satisfy the definition of repaired and first attempt at repair.
    (i) The monitoring shall be conducted as specified in 
Sec. 63.1023(b) and (c) of this section, as appropriate, to determine 
whether the valve has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of this paragraph, if the 
timing of the monitoring period coincides with the time specified in 
this paragraph. Alternatively, other monitoring may be performed to 
satisfy the requirements of this paragraph, regardless of whether the 
timing of the monitoring period for periodic monitoring coincides with 
the time specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted 
pursuant to paragraph (d)(2) 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)(2) 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)(2) 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. 63.1022(c)(1), as an 
unsafe-to-monitor valve is exempt from the requirements of paragraphs 
(b) and (d)(2) of this section and the owner or operator shall monitor 
the valve according to the written plan specified in 
Sec. 63.1022(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated, as 
described in Sec. 63.1022(c)(2), as a difficult-to-monitor valve is 
exempt from the requirements

[[Page 34907]]

of paragraph (b) of this section and the owner or operator shall 
monitor the valve according to the written plan specified in 
Sec. 63.1022(c)(4).
    (3) Fewer 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, 
as provided in paragraphs (e)(1) and (e)(2) of this section.


Sec. 63.1026  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1021(b), 
Sec. 63.1036, Sec. 63.1037, or paragraph (e) 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 and frequency. The pumps shall be monitored 
monthly to detect leaks by the method specified in Sec. 63.1023(b) and, 
as applicable, Sec. 63.1023(c).
    (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. 63.1023(b) and, as applicable, Sec. 63.1023(c). If the instrument 
reading indicates a leak as specified in paragraph (b)(2) of this 
section, a leak is detected and it shall be repaired using the 
procedures in Sec. 63.1024, except as specified in paragraph (b)(3) of 
this section; or
    (ii) The owner or operator shall eliminate the visual indications 
of liquids dripping.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the compliance date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) If, when calculated on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit or three 
pumps in a process unit leak, the owner or operator shall implement a 
quality improvement program for pumps that complies with the 
requirements of Sec. 63.1035.
    (3) The number of pumps at a process unit or affected facility 
shall be the sum of all the pumps in regulated material service, except 
that pumps found leaking in a continuous process unit or affected 
facility within 1 month after start-up of the pump shall not count in 
the percent leaking pumps calculation for that one monitoring period 
only.
    (4) Percent leaking pumps shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.012

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. Do 
not include results from inspection of unsafe-to-monitor pumps pursuant 
to paragraph (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up 
during the current monitoring period.
PT = Total pumps in regulated material service, including 
those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and 
(e)(6) of this section.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 63.1024, as applicable, unless otherwise specified in paragraph 
(b)(5) of this section for leaks identified by visual indications of 
liquids dripping.
    (e) Special provisions for pumps. (1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) 
of this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates 
failure of the seal system, the barrier fluid system, or both. The 
owner or operator shall keep records at the plant of the design 
criteria and an explanation of the design criteria; and any changes to 
these criteria and the reasons for the changes. This record must be 
available for review by an inspector.
    (ii) Each dual mechanical seal system shall meet the requirements 
specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C) 
of this section.
    (A) Each dual mechanical seal system is operated with the barrier 
fluid at a pressure that is at all times (except periods of startup, 
shutdown, or malfunction) greater than the pump stuffing box pressure; 
or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that complies with the requirements of 
either Sec. 63.1034 or Sec. 63.1021(b) of this part; or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week 
for indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from 
the pump seal at the time of the weekly inspection, the

[[Page 34908]]

owner or operator shall follow the procedure specified in paragraphs 
(e)(1)(v)(A) or (e)(1)(v)(B) of this section prior to the next required 
inspection.
    (A) The owner or operator shall monitor the pump as specified in 
Sec. 63.1023(b) and, as applicable, Sec. 63.1023 (c), to determine if 
there is a leak of regulated material in the barrier fluid. If an 
instrument reading of 1,000 parts per million or greater is measured, a 
leak is detected and it shall be repaired using the procedures in 
Sec. 63.1024; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this 
section the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec. 63.1024.
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system. Any pump that is routed to a process or fuel gas 
system or equipped with a closed vent system capable of capturing and 
transporting leakage from the pump to a control device meeting the 
requirements of Sec. 63.1034 of this part or Sec. 63.1021(b) is exempt 
from the requirements of paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this 
section, and the daily requirements of paragraph (e)(1)(vii) of this 
section, provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) 90 percent exemption. If more than 90 percent of the pumps at a 
process unit or affected facility meet the criteria in either paragraph 
(e)(1) or (e)(2) of this section, the process unit or affected facility 
is exempt from the percent leaking calculation in paragraph (c) of this 
section.
    (6) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec. 63.1022(c)(1)(ii), as an unsafe-to-monitor pump is 
exempt from the requirements of paragraph (b) of this section and the 
requirements of Sec. 63.1024 and the owner or operator shall monitor 
the pump according to the written plan specified in Sec. 63.1022(c)(4)


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

    (a) Compliance schedule. The owner or operator shall monitor all 
connectors in each process unit initially for leaks by the later of 
either 12 months after the compliance date as specified in a 
referencing subpart or 12 months after initial startup. If all 
connectors in each process unit have been monitored for leaks prior to 
the compliance date specified in the referencing subpart, no initial 
monitoring is required provided either no process changes have been 
made since the monitoring or the owner or operator can determine that 
the results of the monitoring, with or without adjustments, reliably 
demonstrate compliance despite process changes. If required to monitor 
because of a process change, the owner or operator is required to 
monitor only those connectors involved in the process change.
    (b) Leak detection. Except as allowed in Sec. 63.1021(b), 
Sec. 63.1036, Sec. 63.1037, or as specified in paragraph (e) of this 
section, the owner or operator shall monitor all connectors in gas and 
vapor and light liquid service as specified in paragraphs (a) and 
(b)(3) of this section.
    (1) Monitoring method. The connectors shall be monitored to detect 
leaks by the method specified in Sec. 63.1023(b) and, as applicable, 
Sec. 63.1023(c).
    (2) Instrument reading that defines a leak. If an instrument 
reading greater than or equal to 500 parts per million is measured, a 
leak is detected.
    (3) Monitoring periods. The owner or operator shall perform 
monitoring, subsequent to the initial monitoring required in paragraph 
(a) of this section, as specified in paragraphs (b)(3)(i) through 
(b)(3)(iii) of this section, and shall comply with the requirements of 
paragraphs (b)(3)(iv) and (b)(3)(v) of this section. The required 
period in which monitoring must be conducted shall be determined from 
paragraphs (b)(3)(i) through (b)(3)(iii) of this section using the 
monitoring results from the preceding monitoring period. The percent 
leaking connectors shall be calculated as specified in paragraph (c) of 
this section.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of this paragraph by monitoring at least 40 percent of the 
connectors within 2 years of the start of the monitoring period, 
provided all connectors have been monitored by the end of the 4 year 
monitoring period.
    (iii) If the percent leaking connectors in the process unit was 
less than 0.25 percent, then monitor as provided in paragraph 
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or 
(b)(3)(iii)(C) of this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is 
greater than or equal to 0.35 percent of the monitored connectors, the 
owner or operator shall monitor as soon as practical, but within the 
next 6 months, all connectors that have not yet been monitored during 
the monitoring period. At the conclusion of monitoring, a new 
monitoring period shall be started pursuant to paragraph (b)(3) of this 
section, based on the percent leaking connectors of the total monitored 
connectors.
    (C) If the percent leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is less 
than 0.35 percent of the monitored connectors, the owner or operator 
shall monitor all connectors that have not yet been monitored within 8 
years of the start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraph 
(b)(3)(i) through (b)(3)(iii) of this section, a connector is found to 
be leaking, it shall be re-monitored once within 90 days after repair 
to confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and 
end date of each monitoring period under this section for each process 
unit.
    (c) Percent leaking connectors calculation. For use in determining 
the monitoring frequency, as specified in paragraphs (a) and (b)(3) of 
this section, the percent leaking connectors as used in paragraphs (a) 
and (b)(3) of this section shall be calculated by using equation number 
4.

[[Page 34909]]

[GRAPHIC] [TIFF OMITTED] TR29JN99.013


Where:

%CL = Percent leaking connectors as determined through 
periodic monitoring required in paragraphs (a) and (b)(3)(i) through 
(b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million 
or greater, by the method specified in Sec. 63.1023(b).
Ct = Total number of monitored connectors in the process 
unit or affected facility.

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


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) [Reserved]
    (c) Leak detection. (1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in 
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), except as provided 
in Sec. 63.1021(b), Sec. 63.1036, Sec. 63.1037, or paragraph (e) of 
this section.
    (2) Instrument reading that defines a leak. If an instrument 
reading equivalent of 10,000 parts per million or greater is measured, 
a leak is detected.
    (3) Visual inspection. (i) Each agitator seal shall be checked by 
visual inspection each calendar week for indications of liquids 
dripping from the agitator seal. The owner or operator shall document 
that the inspection was conducted and the date of the inspection.
    (ii) If there are indications of liquids dripping from the agitator 
seal, the owner or operator shall follow the procedures specified in 
paragraphs (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section prior to the 
next required inspection.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), 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 according to paragraph (d) of this 
section; or
    (B) The owner or operator shall eliminate the indications of 
liquids dripping from the agitator seal.
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec. 63.1024.
    (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 (c) 
of this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable 
requirements specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or 
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that meets the requirements of either 
Sec. 63.1034 or Sec. 63.1021(b); or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in paragraphs (e)(1)(iv)(A) or 
(e)(1)(iv)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), to 
determine the presence of regulated material in the barrier fluid. If 
an instrument reading equivalent to or greater than 10,000 ppm is 
measured, a leak is detected and it shall be repaired using the 
procedures in Sec. 63.1024, or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system 
shall meet the requirements specified in paragraphs (e)(1)(vi)(A) and 
(e)(1)(vi)(B).
    (A) The owner or operator shall determine, based on design 
considerations and operating experience, criteria that indicates 
failure of the seal system, the barrier fluid system, or both and 
applicable to the presence and frequency of drips. If indications of 
liquids dripping from the agitator seal exceed the criteria, or if, 
based on the criteria the sensor indicates failure of the seal system, 
the barrier fluid system, or both, a leak is

[[Page 34910]]

detected and shall be repaired pursuant to Sec. 63.1024, as applicable.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from paragraph (c) 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 that captures and transports leakage from the agitator to a 
control device meeting the requirements of either Sec. 63.1034 or 
Sec. 63.1021(b) is exempt from the requirements of paragraph (c) 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 (c)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of this 
section, provided that each agitator is visually inspected as often as 
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1022(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (c) 
of this section and the owner or operator shall monitor the agitator 
seal according to the written plan specified in Sec. 63.1022(c)(4).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (c) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated, as described in Sec. 63.1022(c)(1), as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (c) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in 
Sec. 63.1022(c)(4).


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Leak detection. (1) Monitoring method. Unless otherwise 
specified in Secs. 63.1021(b), 63.1036, or 63.1037, the owner or 
operator shall comply with paragraphs (b)(1) and (b)(2) of this 
section. Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in light liquid or heavy liquid 
service; and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec. 63.1023(b) and, as 
applicable, Sec. 63.1023(c), 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 and medical 
service, or 2,000 parts per million or greater for all other pumps 
(including pumps in food/medical service), or 500 parts per million or 
greater for valves, connectors, instrumentation systems, and pressure 
relief devices is measured pursuant to paragraph (b)(1) of this 
section, a leak is detected and shall be repaired pursuant to 
Sec. 63.1024, as applicable.
    (c) Leak repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in 
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), repaired shall 
mean that the visual, audible, olfactory, or other indications of a 
leak to the atmosphere have been eliminated; that no bubbles are 
observed at potential leak sites during a leak check using soap 
solution; or that the system will hold a test pressure.


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Compliance standard. Except during pressure releases as 
provided for in paragraph (c) of this section, or as otherwise 
specified in Secs. 63.1036, 63.1037, or paragraphs (d) and (e) of this 
section, each pressure relief device in gas and vapor service shall be 
operated with an instrument reading of less than 500 parts per million 
as measured by the method specified in Sec. 63.1023(b) and, as 
applicable, Sec. 63.1023(c).
    (c) Pressure relief requirements. (1) After each pressure release, 
the pressure relief device shall be returned to a condition indicated 
by an instrument reading of less than 500 parts per million, as soon as 
practical, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1024(d).
    (2) The pressure relief device shall be monitored no later than 
five calendar days after the pressure to confirm the condition 
indicated by an instrument reading of less than 500 parts per million 
above background, as measured by the method specified in 
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c).
    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including the background level measured and the 
maximum instrument reading measured during the monitoring.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. Any pressure 
relief device that is routed to a process or fuel gas system or 
equipped with a closed vent system capable of capturing and 
transporting leakage from the pressure relief device to a control 
device meeting the requirements of Sec. 63.1034 is exempt from the 
requirements of paragraphs (b) and (c) of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a replacement rupture disk 
upstream of the pressure relief device as soon as practical after each 
pressure release but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 63.1024(d).


Sec. 63.1031  Compressors standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere, except as provided in 
Secs. 63.1021(b), 63.1036, 63.1037, and paragraphs (e) and (f) of this 
section. Each compressor seal system shall meet the applicable 
requirements specified in paragraph (b)(1), (b)(2), or (b)(3) of this 
section.
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of startup, shutdown, or malfunction); or

[[Page 34911]]

    (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 either 
Sec. 63.1034 or Sec. 63.1021(b); or
    (3) Equipped with a closed-loop system that purges the barrier 
fluid directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator 
shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, 
a leak is detected and shall be repaired pursuant to Sec. 63.1024, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria; and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a 
closed vent system. A compressor is exempt from the requirements of 
paragraphs (b) through (d) of this section if it is equipped with a 
system to capture and transport leakage from the compressor drive shaft 
seal to a process or a fuel gas system or to a closed vent system that 
captures and transports leakage from the compressor to a control device 
meeting the requirements of either Sec. 63.1034 or Sec. 63.1021(b).
    (f) Alternative compressor standard. (1) Any compressor that is 
designated, as described in Sec. 63.1022(e), as operating with an 
instrument reading of less than 500 parts per million above background 
shall operate at all times with an instrument reading of less than 500 
parts per million. A compressor so designated is exempt from the 
requirements of paragraphs (b) through (d) of this section if the 
compressor is demonstrated, initially upon designation, annually, and 
at other times requested by the Administrator to be operating with an 
instrument reading of less than 500 parts per million above background, 
as measured by the method specified in Sec. 63.1023(b) and, as 
applicable, Sec. 63.1023(c).
    (2) The owner or operator shall record the dates and results of 
each compliance test including the background level measured and the 
maximum instrument reading measured during each compliance test.


Sec. 63.1032  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance dates specified in the 
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed-purge, closed-loop, or closed vent system, 
except as provided in Secs. 63.1021(b), 63.1036, 63.1037, or paragraph 
(d) of this section. Gases displaced during filling of the sample 
container are not required to be collected or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system 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 that meets the requirements of 
either Sec. 63.1034 or Sec. 63.1021(b); or
    (2) [Reserved]
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a control device that meets the requirements of 
either Sec. 63.1034 or Sec. 63.1021(b); or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or 
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or subpart 
G, if the waste management unit is subject to and operating in 
compliance with the provisions of 40 CFR part 63, subpart G, applicable 
to group 1 wastewater streams. If the purged process fluid does not 
contain any regulated material listed in Table 9 of 40 CFR part 63, 
subpart G, the waste management unit need not be subject to, and 
operated in compliance with the requirements of 40 CFR part 63, subpart 
G, applicable to group 1 wastewater steams provided the facility has a 
National Pollution Discharge Elimination System (NPDES) permit or sends 
the wastewater to an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR parts 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (5) Containers that are part of a closed purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.


Sec. 63.1033  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the compliance date specified in the 
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve, except as provided in Secs. 63.1021(b), 63.1036, 63.1037, 
and paragraphs (c) and (d) of this section. The cap, blind flange, 
plug, or second valve shall seal the open end at all times except 
during operations requiring process fluid flow through the open-ended 
valve or line, or during maintenance. The operational provisions of 
paragraphs (b)(2) and (b)(3) of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve 
shall be operated in a manner such that the valve on the process fluid 
end is closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting 
the line between the block valves but shall comply with paragraph 
(b)(1) of this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in 
the event of a process upset are exempt from the requirements of 
paragraph (b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or, would 
present an explosion, serious overpressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.


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

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

[[Page 34912]]

date specified in the referencing subpart.
    (b) Compliance standard. (1) Owners or operators routing emissions 
from equipment leaks to a fuel gas system or process shall comply with 
the provisions of subpart SS of this part, except as provided in 
Sec. 63.1002(b).
    (2) Owners or operators of closed vent systems and control devices 
used to comply with the provisions of this subpart shall comply with 
the provisions of subpart SS of this part and (b)(2)(i) through 
(b)(2)(iii) of this section, except as provided in Sec. 63.1002(b).
    (i) Nonflare control devices shall be designed and operated to 
reduce emissions of regulated material 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. The 20 parts 
per million by volume standard is not applicable to the provisions of 
Sec. 63.1016.
    (ii) Enclosed combustion devices shall be designed and operated to 
reduce emissions of regulated material 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 0.50 seconds at a minimum temperature of 760 deg. C (1400 deg. 
F).
    (iii) Flares used to comply with the provisions of this subpart 
shall comply with the requirements of subpart SS of this part.


Sec. 63.1035  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit or affected 
facility (or plant site) or three pumps in a process unit or affected 
facility (or plant site) leak, the owner or operator shall comply with 
the requirements specified in paragraphs (a)(1) and (a)(2) of this 
section.
    (1) Pumps that are in food and medical service or in polymerizing 
monomer service shall comply with all requirements except for those 
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food and medical or polymerizing monomer 
service shall comply with all of the requirements of this section.
    (b) Exiting the QIP. The owner or operator shall comply with the 
requirements of this section until the number of leaking pumps is less 
than the greater of either 10 percent of the pumps or three pumps, 
calculated as a 6-month rolling average, in the process unit or 
affected facility (or plant site). Once the performance level is 
achieved, the owner or operator shall comply with the requirements in 
Sec. 63.1026.
    (c) Resumption of QIP. If, in a subsequent monitoring period, the 
process unit or affected facility (or plant site) has greater than 
either 10 percent of the pumps leaking or three pumps leaking 
(calculated as a 6-month rolling average), the owner or operator shall 
resume the quality improvement program starting at performance trials.
    (d) QIP requirements. The quality improvement program shall meet 
the requirements specified in paragraphs (d)(1) through (d)(8) of this 
section.
    (1) The owner or operator shall comply with the requirements in 
Sec. 63.1026.
    (2) Data collection. The owner or operator shall collect the data 
specified in paragraphs (d)(2)(i) through (d)(2)(v) of this section and 
maintain records for each pump in each process unit or affected 
facility (or plant site) subject to the quality improvement program. 
The data may be collected and the records may be maintained on a 
process unit, affected facility, or plant site basis.
    (i) Pump type (e.g., piston, horizontal or vertical centrifugal, 
gear, bellows); pump manufacturer; seal type and manufacturer; pump 
design (e.g., external shaft, flanged body); materials of construction; 
if applicable, barrier fluid or packing material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units or affected facilities, a description of any maintenance or 
quality assurance programs used in the process unit or affected 
facility that are intended to improve emission performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit or affected facility (or plant site) 
remains in the quality improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall 
inspect all pumps or pump seals that exhibited frequent seal failures 
and were removed from the process unit or affected facility due to 
leaks. The inspection shall determine the probable cause of the pump 
seal failure or of the pump leak and shall include recommendations, as 
appropriate, for design changes or changes in specifications to reduce 
leak potential.
    (5)(i) Data analysis. The owner or operator shall analyze the data 
collected to comply with the requirements of paragraph (d)(2) of this 
section to determine the services, operating or maintenance practices, 
and pump or pump seal designs or technologies that have poorer than 
average emission performance and those that have better than average 
emission performance. The analysis shall determine if specific trouble 
areas can be identified on the basis of service, operating conditions 
or maintenance practices, equipment design, or other process-specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit, 
affected facility, or plant site. A candidate superior performing pump 
or pump seal technology is one demonstrated or reported in the 
available literature or through a group study as having low emission 
performance and as being capable of achieving less than 10 percent 
leaking pumps in the process unit or affected facility (or plant site).
    (iii) The analysis shall include consideration of the information 
specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this 
section.
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit or affected facility due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
pump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a plant

[[Page 34913]]

site, a company, or a group of process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using data collected for a minimum of 6 
months. An analysis of the data shall be done each year the process 
unit or affected facility is in the quality improvement program.
    (6) Trial evaluation program. A trial evaluation program shall be 
conducted at each plant site for which the data analysis does not 
identify use of superior performing pump seal technology or pumps that 
can be applied to the areas identified as having poorer than average 
performance, except as provided in paragraph (d)(6)(v) of this section. 
The trial program shall be used to evaluate the feasibility of using in 
the process unit or affected facility (or plant site) the pump designs 
or seal technologies, and operating and maintenance practices that have 
been identified by others as having low emission performance.
    (i) The trial evaluation program shall include on-line trials of 
pump seal technologies or pump designs and operating and maintenance 
practices that have been identified in the available literature or in 
analysis by others as having the ability to perform with leak rates 
below 10 percent in similar services, as having low 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 or affected facilities and the 
lesser of 1 percent or five pumps for programs involving a plant site 
or groups of process units or affected facilities. The minimum number 
of pumps or pump seal technologies in a trial program shall be one.
    (iii) The trial evaluation program shall specify and include 
documentation of the information specified in paragraphs (d)(6)(iii)(A) 
through (d)(6)(iii)(D) of this section.
    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial pump seal 
technologies or pumps.
    (iv) The performance trials shall initially be conducted, at least, 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that, combined 
with appropriate process, operating, and maintenance practices, operate 
with low emission performance for specific applications in the process 
unit or affected facility. The owner or operator shall continue to 
conduct performance trials as long as no superior performing design or 
technology has been identified, except as provided in paragraph 
(d)(6)(vi) of this section. The initial list of superior emission 
performance pump designs or pump seal technologies shall be amended in 
the future, as appropriate, as additional information and experience 
are obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump 
replacement program at the start of the fourth year of the quality 
improvement program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit or affected facility may 
stop conducting performance trials provided that a superior performing 
design or technology has been demonstrated or there are no technically 
feasible alternative superior technologies remaining. The owner or 
operator shall prepare an engineering evaluation documenting the 
physical, chemical, or engineering basis for the judgment that the 
superior emission performance technology is technically infeasible or 
demonstrating that it would not reduce emissions.
    (7) Quality assurance program. Each owner or operator shall prepare 
and implement a pump quality assurance program that details purchasing 
specifications and maintenance procedures for all pumps and pump seals 
in the process unit or affected facility. The quality assurance program 
may establish any number of categories, or classes, of pumps as needed 
to distinguish among operating conditions and services associated with 
poorer than average emission performance as well as those associated 
with better than average emission performance. The quality assurance 
program shall be developed considering the findings of the data 
analysis required under paragraph (d)(5) of this section; and, if 
applicable, the findings of the trial evaluation required in paragraph 
(d)(6) of this section; and the operating conditions in the process 
unit or affected facility. The quality assurance program shall be 
updated each year as long as the process unit or affected facility has 
the greater of either 10 percent or more leaking pumps or has three 
leaking pumps.
    (i) The quality assurance program shall meet the requirements 
specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this 
section.
    (A) Establish minimum design standards for each category of pumps 
or pump seal technology. The design standards shall specify known 
critical parameters such as tolerance, manufacturer, materials of 
construction, previous usage, or other applicable identified critical 
parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the plant site or 
process unit or affected facility, or by a designated representative; 
and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications 
for the pump category and will operate so that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees; and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.

[[Page 34914]]

    (8) Pump or pump seal replacement. Three years after the start of 
the quality improvement program for plant sites with 400 or more valves 
or 100 or more employees and at the start of the fourth year of the 
quality improvement program for plant sites with less than 400 valves 
and less than 100 employees, the owner or operator shall replace, as 
described in paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the 
pumps or pump seals that are not superior emission performance 
technology with pumps or pump seals that have been identified as 
superior emission performance technology and that comply with the 
quality assurance standards for the pump category. Superior emission 
performance technology is that category or design of pumps or pump 
seals with emission performance that when combined with appropriate 
process, operating, and maintenance practices, will result in less than 
10 percent leaking pumps for specific applications in the process unit, 
affected facility, or plant site. Superior emission performance 
technology includes material or design changes to the existing pump, 
pump seal, seal support system, installation of multiple mechanical 
seals or equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. 
The calculated value shall be rounded to the nearest nonzero integer 
value. The minimum number of pumps or pump seals shall be one. Pump 
replacement shall continue until all pumps subject to the requirements 
of Sec. 63.1026 are pumps determined to be superior performance 
technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit or 
affected facility shutdown, provided the number of pump seals and pumps 
replaced is equivalent to the 20 percent or greater annual replacement 
rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.
    (e) QIP recordkeeping. In addition to the records required by 
paragraph (d)(2) of this section, the owner or operator shall maintain 
records for the period of the quality improvement program for the 
process unit or affected facility as specified in paragraphs (e)(1) 
through (e)(6) of this section.
    (1) When using a pump quality improvement program as specified in 
this section, record the information specified in paragraphs (e)(1)(i) 
through (e)(1)(iii) of this section.
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the 
requirements of paragraph (d)(4) of this section, and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iii) The beginning and ending dates while meeting the requirements 
of paragraph (d) of this section.
    (2) If a leak is not repaired within 15 calendar days after 
discovery of the leak, the reason for the delay and the expected date 
of successful repair.
    (3) Records of all analyses required in paragraph (d) of this 
section. The records will include the information specified in 
paragraphs (e)(3)(i) through (e)(3)(iv) of this section.
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions and maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies, and documentation of the performance trial program 
items required under paragraph (d)(6)(iii) of this section.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps 
as specified in paragraph (d)(7) of this section, including records 
indicating that all pumps replaced or modified during the period of the 
quality improvement program are in compliance with the quality 
assurance.
    (5) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in paragraph (d)(8) of 
this section.
    (6) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.


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

    (a) General requirement. As an alternative to complying with the 
requirements of Secs. 63.1025 through 63.1033 and Sec. 63.1035, an 
owner or operator of a batch process that operates in regulated 
material service during the calendar year may comply with one of the 
standards specified in paragraphs (b) and (c) of this section, or the 
owner or operator may petition for approval of an alternative standard 
under the provisions of Sec. 63.1021(b). The alternative standards of 
this section provide the options of pressure testing or monitoring the 
equipment for leaks. The owner or operator may switch among the 
alternatives provided the change is documented as specified in 
paragraph (b)(7) of this section.
    (b) Pressure testing of the batch equipment. The following 
requirements shall be met if an owner or operator elects to use 
pressure testing of batch product-process equipment to demonstrate 
compliance with this subpart.
    (1) Reconfiguration. Each time equipment is reconfigured for 
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before 
regulated material is first fed to the equipment and the equipment is 
placed in regulated material service.
    (i) When the batch product-process equipment train is reconfigured 
to produce a different product, pressure testing is required only for 
the new or disturbed equipment.
    (ii) Each batch product process that operates in regulated material 
service during a calendar year shall be pressure-tested at least once 
during that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, 
such as changing hoses or filters, that are not part of the 
reconfiguration to produce a different product or intermediate.
    (2) Testing procedures. The batch product process equipment shall 
be tested either using the procedures specified in paragraph (b)(5) of 
this section for pressure vacuum loss or with a liquid using the 
procedures specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a 
leak is detected if the rate of change in pressure is greater than 6.9 
kilopascals (1 pound per square inch gauge) in 1 hour or if there is 
visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4) Leak repair. (i) If a leak is detected, it shall be repaired 
and the batch product-process equipment shall be retested before start-
up of the process.
    (ii) If a batch product-process fails the retest (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

[[Page 34915]]

test except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The 
procedures specified in paragraphs (b)(5)(i) through (b)(5)(v) of this 
section shall be used to pressure test batch product-process equipment 
for pressure or vacuum loss to demonstrate compliance with the 
requirements of paragraph (b)(3)(i) of this section.
    (i) The batch product-process equipment train shall be pressurized 
with a gas to a pressure less than the set pressure of any safety 
relief devices or valves or to a pressure slightly above the operating 
pressure of the equipment, or alternatively the equipment shall be 
placed under a vacuum.
    (ii) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (iii) The test shall continue for not less than 15 minutes unless 
it can be determined in a shorter period of time that the allowable 
rate of pressure drop or of pressure rise was exceeded. The pressure in 
the batch product-process equipment shall be measured after the gas or 
vacuum source is shut off and at the end of the test period. The rate 
of change in pressure in the batch product-process equipment shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.014

Where:

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

    (iv) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) that has a precision of 
2.5 millimeter mercury (0.10 inch of mercury) in the range 
of test pressure and is capable of measuring pressures up to the relief 
set pressure of the pressure relief device. If such a pressure 
measurement device is not reasonably available, the owner or operator 
shall use a pressure measurement device with a precision of at least 
 10 percent of the test pressure of the equipment and shall 
extend the duration of the test for the time necessary to detect a 
pressure loss or rise that equals a rate of 1 pound per square inch 
gauge per hour (7 kilopascals per hour).
    (v) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting a pressure loss or rise.
    (6) Pressure test procedure using test liquid. The procedures 
specified in paragraphs (b)(6)(i) through (b)(6)(iv) of this section 
shall be used to pressure-test batch product-process equipment using a 
liquid to demonstrate compliance with the requirements of paragraph 
(b)(3)(ii) of this section.
    (i) The batch product-process equipment train, or section of the 
equipment train, shall be filled with the test liquid (e.g., water, 
alcohol) until normal operating pressure is obtained. Once the 
equipment is filled, the liquid source shall be shut off.
    (ii) The test shall be conducted for a period of at least 60 
minutes, unless it can be determined in a shorter period of time that 
the test is a failure.
    (iii) Each seal in the equipment being tested shall be inspected 
for indications of liquid dripping or other indications of fluid loss. 
If there are any indications of liquids dripping or of fluid loss, a 
leak is detected.
    (iv) An alternative procedure may be used for leak testing the 
equipment, if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.
    (7) Pressure testing recordkeeping. The owner or operator of a 
batch product process who elects to pressure test the batch product 
process equipment train to demonstrate compliance with this subpart 
shall maintain records of the information specified in paragraphs 
(b)(7)(i) through (b)(7)(v) of this section.
    (i) The identification of each product, or product code, produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in a batch product process equipment train.
    (ii) Physical tagging of the equipment to identify that it is in 
regulated material service and subject to the provisions of this 
subpart is not required. Equipment in a batch product process subject 
to the provisions of this subpart may be identified on a plant site 
plan, in log entries, or by other appropriate methods.
    (iii) The dates of each pressure test required in paragraph (b) of 
this section, the test pressure, and the pressure drop observed during 
the test.
    (iv) Records of any visible, audible, or olfactory evidence of 
fluid loss.
    (v) When a batch product process equipment train does not pass two 
consecutive pressure tests, the information specified in paragraphs 
(b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in 
a log and kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt.
    (B) Repair methods applied in each attempt to repair the leak.
    (C) The reason for the delay of repair.
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.
    (c) Equipment monitoring. The following requirements shall be met 
if an owner or operator elects to monitor the equipment in a batch 
process to detect leaks by the method specified in Sec. 63.1023(b) and, 
as applicable, Sec. 63.1023(c), to demonstrate compliance with this 
subpart.
    (1) The owner or operator shall comply with the requirements of 
Secs. 63.1025 through 63.1035 as modified by paragraphs (c)(2) through 
(c)(4) of this section.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), when 
the equipment is in regulated material service or is in use with any 
other detectable material.
    (3) The equipment shall be monitored for leaks as specified in 
paragraphs (c)(3)(i) through (c)(3)(iv) of this section.
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of start-up of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit or affected facility.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 63.1027.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 to 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 (e.g., month, quarter, year), provided the monitoring is 
conducted at a reasonable interval after completion of the last 
monitoring campaign. For example, if the equipment is not operating 
during the scheduled monitoring period, the monitoring can be done 
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as 
practical but not later than 15 calendar days after it is

[[Page 34916]]

detected, except as provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process 
units or affected facilities that the owner or operator elects to 
monitor as provided under paragraph (c) of this section, the owner or 
operator shall prepare a list of equipment added to batch product 
process units or affected facilities since the last monitoring period 
required in paragraphs (c)(3)(ii) and (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 or affected 
facility. These records are not required if the owner or operator does 
not adjust monitoring frequency by the time in use, as provided in 
paragraph (c)(3)(iii) of this section.
    (3) Record and keep pursuant to the referencing subpart and this 
subpart, the date and results of the monitoring required in paragraph 
(c)(3)(i) of this section for equipment added to a batch product-
process unit or affected facility since the last monitoring period 
required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section. If 
no leaking equipment is found during this monitoring, the owner or 
operator shall record that the inspection was performed. Records of the 
actual monitoring results are not required.
    (e) Delay of repair. Delay of repair of equipment for which leaks 
have been detected is allowed if the replacement equipment is not 
available providing the conditions specified in paragraphs (e)(1) and 
(e)(2) of this section are met.
    (1) Equipment supplies have been depleted and supplies had been 
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after 
delivery of the replacement equipment.
    (f) Periodic report contents. For owners or operators electing to 
meet the requirements of paragraph (b) of this section, the Periodic 
Report to be filed pursuant to Sec. 63.1039(b) shall include the 
information listed in paragraphs (f)(1) through (f)(4) of this section 
for each process unit.
    (1) Batch product process equipment train identification;
    (2) The number of pressure tests conducted;
    (3) The number of pressure tests where the equipment train failed 
the pressure test; and (4) The facts that explain any delay of repairs.


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

    (a) Use of closed vent system and control device. Process units or 
affected facilities or portions of process units at affected facilities 
enclosed in such a manner that all emissions from equipment leaks are 
vented through a closed vent system to a control device or routed to a 
fuel gas system or process meeting the requirements of Sec. 63.1034 are 
exempt from the requirements of Secs. 63.1025 through 63.1033 and 
63.1035. The enclosure shall be maintained under a negative pressure at 
all times while the process unit or affected facility is in operation 
to ensure that all emissions are routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the records specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities 
and the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, 
enclosure, and closed vent system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.


Sec. 63.1038  Recordkeeping requirements.

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

[[Page 34917]]

owner or operator shall keep records of the dates and results of 
monitoring following a pressure release, as specified in 
Sec. 63.1030(c)(3).
    (6) For compressors, the owner or operator shall maintain the 
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section.
    (i) For criteria as to failure of the seal system and/or the 
barrier fluid system, record the design criteria and explanations and 
any changes and the reason for the changes, as specified in 
Sec. 63.1031(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 63.1031(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain 
the records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this 
section.
    (i) Individual pump records as specified in Sec. 63.1035(d)(2).
    (ii) Trial evaluation program documentation as specified in 
Sec. 63.1035(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement 
that superior emission performance technology is not applicable as 
specified in Sec. 63.1035(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in 
Sec. 63.1035(d)(7).
    (v) QIP records as specified in Sec. 63.1035(e).
    (8) For process units complying with the batch process unit 
alternative, the owner or operator shall maintain the records specified 
in paragraphs (c)(8)(i) and (c)(8)(ii) of this section.
    (i) Pressure test records as specified in Sec. 63.1036(b)(7).
    (ii) Records for equipment added to the process unit as specified 
in Sec. 63.1036(d).
    (9) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 63.1037(b).


Sec. 63.1039  Reporting requirements.

    (a) Initial Compliance Status Report. Each owner or operator shall 
submit an Initial Compliance Status Report according to the procedures 
in the referencing subpart. The notification shall include the 
information listed in paragraphs (a)(1) through (a)(3) of this section, 
as applicable.
    (1) The notification shall provide the information listed in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each 
process unit or affected facility subject to the requirements of this 
subpart.
    (i) Process unit or affected facility identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding 
equipment in vacuum service.
    (iii) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for requirements in Secs. 63.1025 and 
63.1026.
    (2) The notification shall provide the information listed in 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process 
unit or affected facility subject to the requirements of 
Sec. 63.1036(b).
    (i) Batch products or product codes subject to the provisions of 
this subpart, and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the information listed in 
paragraphs (a)(3)(i) and (a)(3)(ii) of this section for each process 
unit or affected facility subject to the requirements in Sec. 63.1037.
    (i) Process unit or affected facility identification.
    (ii) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of Sec. 63.1034 of this part.
    (b) Periodic Reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (b)(8) of this 
section, as applicable, in the Periodic Report specified in the 
referencing subpart.
    (1) For the equipment specified in paragraphs (b)(1)(i) through 
(b)(1)(v) of this section, report in a summary format by equipment 
type, the number of components for which leaks were detected and for 
valves, pumps and connectors show the percent leakers, and the total 
number of components monitored. Also include the number of leaking 
components that were not repaired as required by Sec. 63.1024, and for 
valves and connectors, identify the number of components that are 
determined by Sec. 63.1025(c)(3) to be nonrepairable.
    (i) Valves in gas and vapor service and in light liquid service 
pursuant to Sec. 63.1025(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 63.1026(b) and 
(c).
    (iii) Connectors in gas and vapor service and in light liquid 
service pursuant to Sec. 63.1027(b) and (c).
    (iv) Agitators in gas and vapor service and in light liquid service 
pursuant to Sec. 63.1028(c).
    (v) Compressors pursuant to Sec. 63.1031(d).
    (2) Where any delay of repair is utilized pursuant to 
Sec. 63.1024(d), report that delay of repair has occurred and report 
the number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information 
specified in Sec. 63.1025(b)(4)(iv).
    (4) For pressure relief devices in gas and vapor service pursuant 
to Sec. 63.1030(b) and for compressors pursuant to Sec. 63.1031(f) that 
are to be operated at a leak detection instrument reading of less than 
500 parts per million, report the results of all monitoring to show 
compliance conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring 
program for valves pursuant to Sec. 63.1025(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec. 63.1035.
    (7) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in 
Sec. 63.1036(f).
    (8) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units or affected 
facilities with later compliance dates. Report any revisions to items 
reported in an earlier Initial Compliance Status Report if the method 
of compliance has changed since the last report.

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

[[Page 34918]]

 
75 to 100%.......................  Monthly..................  Quarterly...............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    5. Part 63 is amended by adding subpart WW, consisting of 
Secs. 63.1060 through 63.1066, to read as follows.

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

Sec.
63.1060  Applicability.
63.1061  Definitions.
63.1062  Storage vessel control requirements.
63.1063  Floating roof requirements.
63.1064  Alternative means of emission limitation.
63.1065  Recordkeeping requirements.
63.1066  Reporting requirements.

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


Sec. 63.1060  Applicability.

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


Sec. 63.1061  Definitions.

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


Sec. 63.1062  Storage vessel control requirements.

    (a) For each storage vessel to which this subpart applies, the 
owner or operator shall comply with one of the requirements listed in 
paragraphs (a)(1) through (a)(3) of this section.
    (1) Operate and maintain an IFR.
    (2) Operate and maintain an EFR.
    (3) Equivalent requirements. Comply with an equivalent to the 
requirements

[[Page 34919]]

in paragraph (a)(1) or (a)(2) of this section, as provided in 
Sec. 63.1064.
    (b) [Reserved]


Sec. 63.1063  Floating roof requirements.

    The owner or operator who elects to use a floating roof to comply 
with the requirements of Sec. 63.1062 shall comply with the 
requirements in paragraphs (a) through (e) of this section.
    (a) Design requirements. (1) Rim seals.  (i) Internal floating 
roof. An IFR shall be equipped with one of the seal configurations 
listed in paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section.
    (A) A liquid-mounted seal.
    (B) A mechanical shoe seal.
    (C) Two seals mounted one above the other. The lower seal may be 
vapor-mounted.
    (D) If the IFR is equipped with a vapor-mounted seal as of the 
proposal date for a referencing subpart, paragraphs (a)(1)(i)(A) 
through (a)(1)(i)(C) of this section do not apply until the next time 
the storage vessel is completely emptied and degassed, or 10 years 
after promulgation of the referencing subpart, whichever occurs first.
    (ii) External floating roof. An EFR shall be equipped with one of 
the seal configurations listed in paragraphs (a)(1)(ii)(A) and 
(a)(1)(ii)(B) of this section.
    (A) A liquid-mounted seal and a secondary seal.
    (B) A mechanical shoe seal and a secondary seal. The upper end of 
the shoe(s) shall extend a minimum of 61 centimeters (24 inches) above 
the stored liquid surface.
    (C) If the EFR is equipped with a liquid-mounted seal or mechanical 
shoe seal, or a vapor-mounted seal and secondary seal, as of the 
proposal date for a referencing subpart, the seal options specified in 
paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this section do not apply 
until the next time the storage vessel is completely emptied and 
degassed, or 10 years after the promulgation date of the referencing 
subpart, whichever occurs first.
    (2) Deck fittings. Openings through the deck of the floating roof 
shall be equipped as described in paragraphs (a)(2)(i) through 
(a)(2)(viii) of this section.
    (i) Each opening except those for automatic bleeder vents (vacuum 
breaker vents) and rim space vents shall have its lower edge below the 
surface of the stored liquid.
    (ii) Each opening except those for automatic bleeder vents (vacuum 
breaker vents), rim space vents, leg sleeves, and deck drains shall be 
equipped with a deck cover. The deck cover shall be equipped with a 
gasket between the cover and the deck.
    (iii) Each automatic bleeder vent (vacuum breaker vent) and rim 
space vent shall be equipped with a gasketed lid, pallet, flapper, or 
other closure device.
    (iv) Each opening for a fixed roof support column may be equipped 
with a flexible fabric sleeve seal instead of a deck cover.
    (v) Each opening for a sample well or deck drain (that empties into 
the stored liquid) may be equipped with a slit fabric seal or similar 
device that covers at least 90 percent of the opening, instead of a 
deck cover.
    (vi) Each cover on access hatches and gauge float wells shall be 
designed to be bolted or fastened when closed.
    (vii) Each opening for an unslotted guidepole shall be equipped 
with a pole wiper, and each unslotted guidepole shall be equipped with 
a gasketed cap on the top of the guidepole.
    (viii) Each opening for a slotted guidepole shall be equipped with 
one of the control device configurations specified in paragraphs 
(a)(2)(viii)(A) and (a)(2)(viii)(B) of this section.
    (A) A pole wiper and a pole float. The wiper or seal of the pole 
float shall be at or above the height of the pole wiper.
    (B) A pole wiper and a pole sleeve.
    (ix) If the floating roof does not meet the requirements listed in 
paragraphs (a)(2)(i) through (a)(2)(viii) of this section as of the 
proposal date of the referencing subpart, these requirements do not 
apply until the next time the vessel is completely emptied and 
degassed, or 10 years after the promulgation date of the referencing 
subpart, whichever occurs first.
    (b) Operational requirements. (1) The floating roof shall float on 
the stored liquid surface at all times, except when the floating roof 
is supported by its leg supports or other support devices (e.g., 
hangers from the fixed roof).
    (2) When the storage vessel is storing liquid, but the liquid depth 
is insufficient to float the floating roof, the process of filling to 
the point of refloating the floating roof shall be continuous and shall 
be performed as soon as practical.
    (3) Each cover over an opening in the floating roof, except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents, 
shall be closed at all times, except when the cover must be open for 
access.
    (4) Each automatic bleeder vent (vacuum breaker vent) and rim space 
vent shall be closed at all times, except when required to be open to 
relieve excess pressure or vacuum, in accordance with the 
manufacturer's design.
    (5) Each unslotted guidepole cap shall be closed at all times 
except when gauging the liquid level or taking liquid samples.
    (c) Inspection frequency requirements. (1) Internal floating roofs. 
Internal floating roofs shall be inspected as specified in paragraph 
(d)(1) of this section before the initial filling of the storage 
vessel. Subsequent inspections shall be performed as specified in 
paragraph (c)(1)(i) or (c)(1)(ii) of this section.
    (i) Internal floating roofs shall be inspected as specified in 
paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section.
    (A) At least once per year the IFR shall be inspected as specified 
in paragraph (d)(2) of this section.
    (B) Each time the storage vessel is completely emptied and 
degassed, or every 10 years, whichever occurs first, the IFR shall be 
inspected as specified in paragraph (d)(1) of this section.
    (ii) Instead of the inspection frequency specified in paragraph 
(c)(1)(i) of this section, internal floating roofs with two rim seals 
may be inspected as specified in paragraph (d)(1) of this section each 
time the storage vessel is completely emptied and degassed, or every 5 
years, whichever occurs first.
    (2) External floating roofs. External floating roofs shall be 
inspected as specified in paragraphs (c)(2)(i) through (c)(2)(iv) of 
this section.
    (i) Within 90 days after the initial filling of the storage vessel, 
the primary and secondary rim seals shall be inspected as specified in 
paragraph (d)(3) of this section.
    (ii) The secondary seal shall be inspected at least once every 
year, and the primary seal shall be inspected at least every 5 years, 
as specified in paragraph (d)(3) of this section.
    (iii) Each time the storage vessel is completely emptied and 
degassed, or every 10 years, whichever occurs first, the EFR shall be 
inspected as specified in paragraph (d)(1) of this section.
    (iv) If the owner or operator determines that it is unsafe to 
perform the floating roof inspections specified in paragraphs (c)(2)(i) 
and (c)(2)(ii) of this section, the owner or operator shall comply with 
the requirements of paragraph (c)(2)(iv)(A) or (c)(2)(iv)(B) of this 
section.
    (A) The inspections shall be performed no later than 30 days after 
the determination that the floating roof is unsafe.
    (B) The storage vessel shall be removed from liquid service no 
later

[[Page 34920]]

than 45 days after determining the floating roof is unsafe. If the 
vessel cannot be emptied within 45 days, the owner or operator may 
utilize up to two extensions of up to 30 additional days each. If the 
vessel cannot be emptied within 45 days, the owner or operator may 
utilize up to two extensions of up to 30 additional days each. 
Documentation of a decision to use an extension shall include an 
explanation of why it was unsafe to perform the inspection, 
documentation that alternative storage capacity is unavailable, and a 
schedule of actions that will ensure that the vessel will be emptied as 
soon as practical.
    (d) Inspection procedure requirements. Floating roof inspections 
shall be conducted as specified in paragraphs (d)(1) through (d)(3) of 
this section, as applicable. If a floating roof fails an inspection, 
the owner or operator shall comply with the repair requirements of 
paragraph (e) of this section.
    (1) Floating roof (IFR and EFR) inspections shall be conducted by 
visually inspecting the floating roof deck, deck fittings, and rim 
seals from within the storage vessel. The inspection may be performed 
entirely from the top side of the floating roof, as long as there is 
visual access to all deck components specified in paragraph (a) of this 
section. Any of the conditions described in paragraphs (d)(1)(i) 
through (d)(1)(v) of this section constitutes inspection failure.
    (i) Stored liquid on the floating roof.
    (ii) Holes or tears in the primary or secondary seal (if one is 
present).
    (iii) Floating roof deck, deck fittings, or rim seals that are not 
functioning as designed (as specified in paragraph (a) of this 
section).
    (iv) Failure to comply with the operational requirements of 
paragraph (b) of this section.
    (v) Gaps of more than 0.32 centimeters (\1/8\ inch) between any 
deck fitting gasket, seal, or wiper (required by paragraph (a) of this 
section) and any surface that it is intended to seal.
    (2) Tank-top inspections of IFR's shall be conducted by visually 
inspecting the floating roof deck, deck fittings, and rim seal through 
openings in the fixed roof. Any of the conditions described in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section constitutes 
inspection failure. Identification of holes or tears in the rim seal is 
required only for the seal that is visible from the top of the storage 
vessel.
    (3) Seal gap inspections for EFR's shall determine the presence and 
size of gaps between the rim seals and the wall of the storage vessel 
by the procedures specified in paragraph (d)(3)(i) of this section. Any 
exceedance of the gap requirements specified in paragraphs (d)(3)(ii) 
and (d)(3)(iii) of this section constitutes inspection failure.
    (i) Rim seals shall be measured for gaps at one or more levels 
while the EFR is floating, as specified in paragraphs (d)(3)(i)(A) 
through (d)(3)(i)(F) of this section.
    (A) The inspector shall hold a 0.32 centimeter (\1/8\ inch) 
diameter probe vertically against the inside of the storage vessel 
wall, just above the rim seal, and attempt to slide the probe down 
between the seal and the vessel wall. Each location where the probe 
passes freely (without forcing or binding against the seal) between the 
seal and the vessel wall constitutes a gap.
    (B) The length of each gap shall be determined by inserting the 
probe into the gap (vertically) and sliding the probe along the vessel 
wall in each direction as far as it will travel freely without binding 
between the seal and the vessel wall. The circumferential length along 
which the probe can move freely is the gap length.
    (C) The maximum width of each gap shall be determined by inserting 
probes of various diameters between the seal and the vessel wall. The 
smallest probe diameter should be 0.32 centimeter, and larger probes 
should have diameters in increments of 0.32 centimeter. The diameter of 
the largest probe that can be inserted freely anywhere along the length 
of the gap is the maximum gap width.
    (D) The average width of each gap shall be determined by averaging 
the minimum gap width (0.32 centimeter) and the maximum gap width.
    (E) The area of a gap is the product of the gap length and average 
gap width.
    (F) The ratio of accumulated area of rim seal gaps to storage 
vessel diameter shall be determined by adding the area of each gap, and 
dividing the sum by the nominal diameter of the storage vessel. This 
ratio shall be determined separately for primary and secondary rim 
seals.
    (ii) The ratio of seal gap area to vessel diameter for the primary 
seal shall not exceed 212 square centimeters per meter of vessel 
diameter (10 square inches per foot of vessel diameter), and the 
maximum gap width shall not exceed 3.81 centimeters (1.5 inches).
    (iii) The ratio of seal gap area to vessel diameter for the 
secondary seal shall not exceed 21.2 square centimeters per meter (1 
square inch per foot), and the maximum gap width shall not exceed 1.27 
centimeters (0.5 inches), except when the secondary seal must be pulled 
back or removed to inspect the primary seal.
    (e) Repair requirements. Conditions causing inspection failures 
under paragraph (d) of this section shall be repaired as specified in 
paragraph (e)(1) or (e)(2) of this section.
    (1) If the inspection is performed while the storage vessel is not 
storing liquid, repairs shall be completed before the refilling of the 
storage vessel with liquid.
    (2) If the inspection is performed while the storage vessel is 
storing liquid, repairs shall be completed or the vessel removed from 
service within 45 days. If a repair cannot be completed and the vessel 
cannot be emptied within 45 days, the owner or operator may use up to 2 
extensions of up to 30 additional days each. Documentation of a 
decision to use an extension shall include a description of the 
failure, shall document that alternate storage capacity is unavailable, 
and shall specify a schedule of actions that will ensure that the 
control equipment will be repaired or the vessel will be completely 
emptied as soon as practical.


Sec. 63.1064  Alternative means of emission limitation.

    (a) An alternate control device may be substituted for a control 
device specified in Sec. 63.1063 if the alternate device has an 
emission factor less than or equal to the emission factor for the 
device specified in Sec. 63.1063. Requests for the use of alternate 
devices shall be made as specified in Sec. 63.1066(b)(3). Emission 
factors for the devices specified in Sec. 63.1063 are published in EPA 
Report No. AP-42, Compilation of Air Pollutant Emission Factors.
    (b) Tests to determine emission factors for an alternate device 
shall accurately simulate conditions under which the device will 
operate, such as wind, temperature, and barometric pressure. Test 
methods that can be used to perform the testing required in this 
paragraph include, but are not limited to, the methods listed in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) American Petroleum Institute (API) Manual of Petroleum 
Measurement Standards, Chapter 19, Section 3, Part A, Wind Tunnel Test 
Method for the Measurement of Deck-Fitting Loss Factors for External 
Floating-Roof Tanks.
    (2) API Manual of Petroleum Measurement Standards, Chapter 19, 
Section 3, Part B, Air Concentration Test Method for the Measurement of 
Rim Seal Loss Factors for Floating-Roof Tanks.
    (3) API Manual of Petroleum Measurement Standards, Chapter 19,

[[Page 34921]]

Section 3, Part E, Weight Loss Test Method for the Measurement of Deck-
Fitting Loss Factors for Internal Floating-Roof Tanks.
    (c) An alternate combination of control devices may be substituted 
for any combination of rim seal and deck fitting control devices 
specified in Sec. 63.1063 if the alternate combination emits no more 
than the combination specified in Sec. 63.1063. The emissions from an 
alternate combination of control devices shall be determined using AP-
42 or as specified in paragraph (b) of this section. The emissions from 
a combination of control devices specified in Sec. 63.1063 shall be 
determined using AP-42. Requests for the use of alternate devices shall 
be made as specified in Sec. 63.1066(b)(3).


Sec. 63.1065  Recordkeeping requirements.

    The owner or operator shall keep the records required in paragraph 
(a) of this section for as long as liquid is stored. Records required 
in paragraphs (b), (c) and (d) of this section shall be kept for at 
least 5 years. Records shall be kept in such a manner that they can be 
readily accessed within 24 hours. Records may be kept in hard copy or 
computer-readable form including, but not limited to, on paper, 
microfilm, computer, floppy disk, magnetic tape, or microfiche.
    (a) Vessel dimensions and capacity. A record shall be kept of the 
dimensions of the storage vessel, an analysis of the capacity of the 
storage vessel, and an identification of the liquid stored.
    (b) Inspection results. Records of floating roof inspection results 
shall be kept as specified in paragraphs (b)(1) and (b)(2) of this 
section.
    (1) If the floating roof passes inspection, a record shall be kept 
that includes the information specified in paragraphs (b)(1)(i) and 
(b)(1)(ii) of this section. If the floating roof fails inspection, a 
record shall be kept that includes the information specified in 
paragraphs (b)(1)(i) through (b)(1)(v) of this section.
    (i) Identification of the storage vessel that was inspected.
    (ii) The date of the inspection.
    (iii) A description of all inspection failures.
    (iv) A description of all repairs and the dates they were made.
    (v) The date the storage vessel was removed from service, if 
applicable.
    (2) A record shall be kept of EFR seal gap measurements, including 
the raw data obtained and any calculations performed.
    (c) Floating roof landings. The owner or operator shall keep a 
record of the date when a floating roof is set on its legs or other 
support devices. The owner or operator shall also keep a record of the 
date when the roof was refloated, and the record shall indicate whether 
the process of refloating was continuous.
    (d) An owner or operator who elects to use an extension in 
accordance with Sec. 63.1063(e)(2) or Sec. 63.1063(c)(2)(iv)(B) shall 
keep the documentation required by those paragraphs.


Sec. 63.1066  Reporting requirements.

    (a) Notification of initial startup. If the referencing subpart 
requires that a notification of initial startup be filed, then the 
content of the notification of initial startup shall include (at a 
minimum) the information specified in the referencing subpart and the 
information specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) The identification of each storage vessel, its capacity and the 
liquid stored in the storage vessel.
    (2) A statement of whether the owner or operator of the source can 
achieve compliance by the compliance date specified in referencing 
subpart.
    (b) Periodic reports. Report the information specified in 
paragraphs (b)(1) through (b)(4) of this section, as applicable, in the 
periodic report specified in the referencing subpart.
    (1) Notification of inspection. To provide the Administrator the 
opportunity to have an observer present, the owner or operator shall 
notify the Administrator at least 30 days before an inspection required 
by Secs. 63.1063(d)(1) or (d)(3). If an inspection is unplanned and the 
owner or operator could not have known about the inspection 30 days in 
advance, then the owner or operator shall notify the Administrator at 
least 7 days before the inspection. Notification shall be made by 
telephone 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 days before the 
inspection. If a delegated State or local agency is notified, the owner 
or operator is not required to notify the Administrator. A delegated 
State or local agency may waive the requirement for notification of 
inspections.
    (2) Inspection results. The owner or operator shall submit a copy 
of the inspection record (required in Sec. 63.1065) when inspection 
failures occur.
    (3) Requests for alternate devices. The owner or operator 
requesting the use of an alternate control device shall submit a 
written application including emissions test results and an analysis 
demonstrating that the alternate device has an emission factor that is 
less than or equal to the device specified in Sec. 63.1063.
    (4) Requests for extensions. An owner or operator who elects to use 
an extension in accordance with Sec. 63.1063(e)(2) or 
Sec. 63.1063(c)(2)(iv)(B) shall submit the documentation required by 
those paragraphs.
    6. Part 63 is amended by adding subpart YY, consisting of 
Secs. 63.1100 through 63.1113, to read as follows.

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

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

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


Sec. 63.1100  Applicability.

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

[[Page 34922]]



                                           Table 1 to Sec.  63.1100(a).--Source Category MACT a Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Wastewater                       Source category
        Source category         Storage vessels   Process vents    Transfer racks  Equipment leaks      streams           Other        MACT requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetal Resins Production......  Yes............  Yes............  No.............  Yes............  Yes............  No.............  Sec.  63.1103(a)
Acrylic and Modacrylic Fibers   Yes............  Yes............  No.............  Yes............  Yes............  Yes b..........  Sec.  63.1103(b)
 Production.
Hydrogen Fluoride Production..  Yes............  Yes............  Yes............  Yes............  No.............  No.............  Sec.  63.1103(c)
Polycarbonate Production......  Yes............  Yes............  No.............  Yes............  Yes............  No.............  Sec.  63.1103(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Maximum achievable control technology.
b Fiber spinning lines using spinning solution or suspension containing acrylonitrile.

    (b) Subpart A requirements. The following provisions of subpart A 
of this part (General Provisions), Secs. 63.1 through 63.5, and 
Secs. 63.12 through 63.15, apply to owners or operators of affected 
sources subject to this subpart.
    (c) Research and development facilities. The provisions of this 
subpart do not apply to research and development facilities, consistent 
with section 112(b)(7) of the Act.
    (d) Primary product determination and applicability. The primary 
product of a process unit shall be determined according to the 
procedures specified in paragraphs (d)(1) and (2) of this section. 
Paragraphs (d(3), (4), and (5) of this section discuss compliance for 
those process units operated as flexible operation units.
    (1) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (2) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (d)(2)(i) or (ii) of this section based on the anticipated 
operations for the 5 years following the promulgation date for existing 
affected sources and for the first 5 years after initial startup for 
new affected sources.
    (i) If the flexible operation unit will manufacture one product for 
the greatest percentage of operating time over the five-year period, 
then that product shall represent the primary product of the flexible 
operation unit.
    (ii) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest production on a mass basis over the five-year period shall 
represent the primary product of the flexible operation unit.
    (3) Once the primary product of a process unit has been determined 
to be a product produced by a source category subject to this subpart, 
the owner or operator of the affected source shall comply with the 
standards for the primary product production process unit.
    (4) The determination of the primary product for a process unit, 
including the assessment of applicability of this subpart to process 
units that are designed and operated as flexible operation units, shall 
be reported in the Notification of Compliance Status Report required by 
Sec. 63.1110(a)(4) when the primary product is determined to be a 
product produced by a source category subject to requirements under 
this subpart. The Notification of Compliance Status shall include the 
information specified in either paragraph (d)(4)(i) or (ii) of this 
section. If the primary product is determined to be something other 
than a product produced by a source category subject to requirements 
under this subpart, the owner or operator shall retain information, 
data, and analyses used to document the basis for the determination 
that the primary product is not produced by a source category subject 
to requirements under this subpart.
    (i) If the process unit manufactures only one product subject to 
requirements under this subpart, the identity of that product.
    (ii) If the process unit is designed and operated as a flexible 
operation unit, the information specified in paragraphs (d)(4)(ii)(A) 
through (C) of this section, as appropriate.
    (A) The identity of the primary product.
    (B) Information concerning operating time and/or production mass 
for each product that was used to make the determination of the primary 
product under paragraph (d)(2)(i) or (ii) of this section.
    (5) When a flexible operation unit that is subject to this subpart 
is producing a product other than a product subject to this subpart, or 
is producing a product subject to this subpart that is not the primary 
product, the owner or operator shall comply with either paragraph 
(d)(5) (i) or (ii) of this section for each emission point.
    (i) The owner or operator shall control emissions during the 
production of all products in accordance with the requirements for the 
production of the primary product. As appropriate, the owner or 
operator shall demonstrate that the parameter monitoring level 
established for the primary product is also appropriate for those 
periods when products other than the primary product are being 
produced. Documentation of this demonstration shall be submitted in the 
Notification of Compliance Status report required by 
Sec. 63.1110(a)(4).
    (ii) The owner or operator shall determine, for the production of 
each product, whether control is required in accordance with the 
applicable criteria for the primary product in Sec. 63.1103. If control 
is required, the owner or operator shall establish separate parameter 
monitoring levels, as appropriate, for the production of each product. 
The parameter monitoring levels developed shall be submitted in the 
Notification of Compliance Status report required by 
Sec. 63.1110(a)(4).
    (e) Storage vessel ownership determination. To determine the 
process unit to which a storage vessel shall belong, the owner or 
operator shall sequentially follow the procedures specified in 
paragraphs (e)(1) through (8) of this section, stopping as soon as the 
determination is made.
    (1) If a storage vessel is already subject to another subpart of 
this part on the date of promulgation for an affected source under the 
generic MACT, that storage vessel shall belong to the process unit 
subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall belong to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall belong to that process unit located on the same 
plant site as the storage vessel that has the greatest input into or 
output from the storage vessel (i.e., the process unit has the 
predominant use of the storage vessel.)
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is subject to this subpart, the storage vessel shall belong to 
that process unit.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are subject to standards under this subpart that

[[Page 34923]]

have different primary products, then the owner or operator shall 
assign the storage vessel to any one of the process units sharing the 
storage vessel.
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding the date of promulgation of 
standards for an affected source under this subpart or based on the 
expected utilization for the 5 years following the promulgation date of 
standards for an affected source under this subpart for existing 
affected sources, whichever is more representative of the expected 
operations for that storage vessel, and based on the expected 
utilization for the 5 years after initial startup for new affected 
sources. The determination of predominant use shall be reported in the 
Notification of Compliance Status Report required by 
Sec. 63.1110(a)(4). If the predominant use changes, the redetermination 
of predominant use shall be reported in the next Periodic Report.
    (7) If the storage vessel begins receiving material from (or 
sending material to) another process unit; ceases to receive material 
from (or send material to) a process unit; or if the applicability of 
this subpart to a storage vessel has been determined according to the 
provisions of paragraphs (e)(1) through (6) of this section and there 
is a significant change in the use of the storage vessel that could 
reasonably change the predominant use, the owner or operator shall 
reevaluate the applicability of this subpart to the storage vessel.
    (8) Where a storage vessel is located at a major source that 
includes one or more process units that place material into, or receive 
materials from, the storage vessel, but the storage vessel is located 
in a tank farm, the applicability of this subpart shall be determined 
according to the provisions in paragraphs (e)(8)(i) through (iii) of 
this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw material, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping to the process unit and to the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the process unit flows into (or from) the intervening storage 
vessel and does not flow directly into (or from) the storage vessel in 
the tank farm.
    (ii) If there is only one process unit at a major source that meets 
the criteria of paragraph (e)(8)(i) of this section with respect to a 
storage vessel, the storage vessel shall be assigned to that process 
unit.
    (iii) If there are two or more process units at the major source 
that meet the criteria of paragraph (e)(8)(i) of this section with 
respect to a storage vessel, the storage vessel shall be assigned to 
one of those process units according to the provisions of paragraph 
(e)(6) of this section. The predominant use shall be determined among 
only those process units that meet the criteria of paragraph (e)(8)(i) 
of this section.
    (f) Recovery operation equipment ownership determination. To 
determine the process unit to which recovery equipment shall belong, 
the owner or operator shall sequentially follow the procedures 
specified in paragraphs (f)(1) through (7) of this section, stopping as 
soon as the determination is made.
    (1) If recovery operation equipment is already subject to another 
subpart of this part on the date standards are promulgated for an 
affected source, that recovery operation equipment shall belong to the 
process unit subject to the other subpart.
    (2) If recovery operation equipment is used exclusively by a single 
process unit, the recovery operation shall belong to that process unit.
    (3) If recovery operation equipment is shared among process units, 
then the recovery operation equipment shall belong to that process unit 
that has the greatest input into or output from the recovery operation 
equipment (i.e., that process unit has the predominant use of the 
recovery operation equipment).
    (4) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if one of those 
process units is a process unit subject to this subpart, the recovery 
operation equipment shall belong to the process unit subject to this 
subpart.
    (5) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if more than one of 
the process units are process units that have different primary 
products and that are subject to this subpart, then the owner or 
operator shall assign the recovery operation equipment to any one of 
those process units.
    (6) If the predominant use of recovery operation equipment varies 
from year to year, then the predominant use shall be determined based 
on the utilization that occurred during the year preceding the 
promulgation date of standards for an affected source under this 
subpart or based on the expected utilization for the 5 years following 
the promulgation date for standards for an affected source under this 
subpart for existing affected sources, whichever is the more 
representative of the expected operations for the recovery operations 
equipment, and based on the expected utilization for the first 5 years 
after initial startup for new affected sources. This determination 
shall be reported in the Notification of Compliance Status Report 
required by Sec. 63.1110(a)(4). If the predominant use changes, the 
redetermination of predominant use shall be reported in the next 
Periodic Report.
    (7) If there is an unexpected change in the utilization of recovery 
operation equipment that could reasonably change the predominant use, 
the owner or operator shall redetermine to which process unit the 
recovery operation belongs by reperforming the procedures specified in 
paragraphs (f)(2) through (6) of this section.
    (g) Overlap with other regulations. Paragraphs (g)(1) through (4) 
of this section specify the applicability of subpart YY emission point 
requirements when other rules may apply. Where subpart YY of this part 
allows an owner or operator an option to comply with one or another 
regulation to comply with subpart YY of this part, an owner or operator 
must report which regulation they choose to comply with in the 
Notification of Compliance Status report required by 
Sec. 63.1110(a)(4).
    (1) Overlap of subpart YY with other regulations for storage 
vessels. (i) After the compliance dates specified in Sec. 63.1102 for 
an affected source subject to this subpart, a storage vessel that is 
part of an existing source that is subject to the storage vessel 
requirements of this subpart and the storage vessel requirements of 
subpart G (the hazardous organic national emission standards for 
hazardous air pollutants (the HON)) of this part is in compliance with 
the requirements of this subpart if it complies with either such 
requirement and has notified the Administrator in the Notification of 
Compliance Status report required by Sec. 63.1110(a)(4).
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, a storage vessel that is part 
of an existing source that is subject to the storage vessel 
requirements of this subpart and to the storage vessel requirements of 
subpart Ka or Kb of part 60 is required only to comply with the storage 
vessel requirements of this subpart.
    (2) Overlap of subpart YY with other regulations for process vents. 
After the

[[Page 34924]]

compliance dates specified in Sec. 63.1102 for an affected source 
subject to this subpart, a process vent that is part of an existing 
source that is subject to the process vent requirements of this subpart 
and to the process vent requirements of subpart G (the HON) of this 
part is in compliance with this subpart if it complies with either such 
requirement and has notified the Administrator in the Notification of 
Compliance Status report required by Sec. 63.1110(a)(4).
    (3) Overlap of subpart YY with other regulations for transfer 
racks. After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, a transfer rack that is part 
of an existing source that is subject to the transfer rack requirements 
of this subpart and to the transfer rack requirements of subpart G (the 
HON) of this part is in compliance with this subpart if it complies 
with either such requirement and has notified the Administrator in the 
Notification of Compliance Status report required by 
Sec. 63.1110(a)(4).
    (4) Overlap of subpart YY with other regulations for equipment 
leaks. (i) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, equipment that is part of an 
existing source that is subject to the equipment leak control 
requirements of subpart TT (National Emission Standards for Equipment 
Leaks--Control Level 1) pursuant to this subpart and to the equipment 
leak control requirements of subpart VV of part 60 or subpart V of part 
61 is required only to comply with the equipment leak requirements of 
this subpart.
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, equipment that is part of an 
existing source that is subject to the equipment leak control 
requirements of subpart UU (National Emission Standards for Equipment 
Leaks--Control Level 2) of this part pursuant to this subpart and to 
the equipment leak control requirements of subpart H (the HON) or 
subpart I of this part is in compliance with the equipment leak control 
requirements of this subpart if it complies with either such 
requirement and has notified the Administrator in the Notification of 
Compliance Status report required by Sec. 63.1110(a)(4).


Sec. 63.1101  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in 40 CFR 63.2 (General Provisions), and in this section.
    Batch cycle refers to manufacturing a product from start to finish 
in a batch unit operation.
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode per batch cycle. For example, a 
displacement of vapor resulting from the charging of a vessel with 
organic HAP will result in a discrete emission episode. If the vessel 
is then heated, there may also be another discrete emission episode 
resulting from the expulsion of expanded vapor. Both emission episodes 
may occur during the same batch cycle in the same vessel or unit 
operation. There are possibly other emission episodes that may occur 
from the vessel or other process equipment, depending on process 
operations.
    Batch unit operation means a unit operation involving intermittent 
or discontinuous feed into equipment and, in general, involves the 
emptying of equipment after the batch cycle ceases and prior to 
beginning a new batch cycle. Mass, temperature, concentration and other 
properties of the process may vary with time. Addition of raw material 
and withdrawal of product do not simultaneously occur in a batch unit 
operation.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By compound means by individual stream components, not carbon 
equivalents.
    Capacity means the volume of liquid that is capable of being stored 
in a storage vessel, determined by multiplying the vessel's internal 
cross-sectional area by the internal height of the shell.
    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.
    Combined vent stream means a combination of emission streams from 
continuous and/or batch unit operations.
    Compliance equipment means monitoring equipment used by an owner or 
operator of an affected source under this subpart to demonstrate 
compliance with an operation or emission limit standard.
    Continuous parameter monitoring system or CPMS means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, and that is used to sample, 
condition (if applicable), analyze, and provide a record of process or 
control system parameters.
    Continuous unit operation means a unit operation where the inputs 
and outputs flow continuously. Continuous unit operations typically 
approach steady-state conditions. Continuous unit operations typically 
involve the simultaneous addition of raw material and withdrawal of the 
product.
    Control device means, with the exceptions noted below, a combustion 
device, recovery device, recapture device, or any combination of these 
devices used to comply with this subpart or a referencing subpart. For 
process vents from continuous unit operations at affected sources in 
source categories where the applicability criteria includes a TRE index 
value, recovery devices are not considered to be control devices. 
Primary condensers on steam strippers or fuel gas systems are not 
considered to be control devices.
    Day means a calendar day.
    Distillate receiver means overhead receivers, overhead 
accumulators, reflux drums, and condenser(s) including ejector 
condenser(s) associated with a distillation unit.
    Distillation unit means a device or vessel in which one or more 
feed streams are separated into two or more exit streams, each exit 
stream having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, kiln, fiber spinning line, equipment 
leak, or other point where a gaseous stream is released.
    Equipment means each of the following that is subject to control 
under this subpart: pump, compressor, agitator, pressure relief device, 
sampling collection system, open-ended valve or line, valve, connector, 
instrumentation system, and surge control vessel and

[[Page 34925]]

bottoms in organic hazardous air pollutant service as defined in 
Sec. 63.1103 for the applicable chemical manufacturing production unit; 
and any control device or system used to comply with this subpart.
    Equivalent method means any method of sampling and analysis 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.
    Excess emissions means emissions in excess of those that would have 
occurred if there were no start-up, shutdown, or malfunction and the 
owner or operator complied with the relevant provisions of this 
subpart.
    Final recovery device means the last recovery device on a process 
vent stream from a continuous unit operation at an affected source in a 
source category where the applicability criteria includes a TRE index 
value. The final recovery device usually discharges to a combustion 
device, recapture device, or directly to the atmosphere.
    Flexible operation unit means a process unit that manufactures 
different chemical products periodically by alternating raw materials 
or operating conditions.
    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 a fuel gas in combustion 
devices or in-process combustion equipment, such as furnaces and gas 
turbines, either singly or in combination.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and hydrogen 
fluoride (HF).
    Impurity means a substance that is produced coincidentally with the 
primary product, or is present in a raw material. An impurity does not 
serve a useful purpose in the production or use of the primary product 
and is not isolated.
    Initial startup means, for new sources, the first time the source 
begins production. For additions or changes not defined as a new source 
by this subpart, initial startup means the first time additional or 
changed equipment is put into operation. Initial startup does not 
include operation solely for testing equipment. Initial startup does 
not include subsequent startup (as defined in this section) of process 
units following malfunctions or process unit shutdowns. Except for 
equipment leaks, initial startup also does not include subsequent 
startups (as defined in this section) of process units following 
changes in product for flexible operation units or following recharging 
of equipment in batch unit operations.
    Low throughput transfer rack means a transfer rack that transfers 
less than a total of 11.8 million liters per year of liquid containing 
regulated HAP.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control 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.
    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, Evaporation Loss From External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 63.14 of 
subpart A of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec. 63.14 
of subpart A of this part); or
    (4) Any other method approved by the Administrator.
    On-site means, with respect to records required to be maintained by 
this subpart, a location within a plant site that encompasses the 
affected source. On-site includes, but is not limited to, the affected 
source to which the records pertain, or central files elsewhere at the 
plant site.
    Organic hazardous air pollutant or organic HAP means any organic 
chemicals that are also HAP.
    Permitting authority means one of the following:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this 
chapter.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a process. The condenser must 
support a vapor-to-liquid phase change for periods of source equipment 
operation that are above the boiling or bubble point of substance(s). 
Examples of process condensers include distillation condensers, reflux 
condensers, process condensers in line prior to the vacuum source, and 
process condensers used in stripping or flashing operations.
    Process unit means the equipment assembled and connected by pipes 
or ducts to process raw and/or intermediate materials and to 
manufacture an intended product. A process unit includes more than one 
unit operation. A process unit includes, but is not limited to, process 
vents, storage vessels, and equipment.
    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 practice or procedure it is technically 
feasible to clear process material from the process unit, or part of 
the process unit, consistent with safety constraints and during which 
repairs can be effected. The following are not considered process unit 
shutdowns:
    (1) An unscheduled work practice or operational procedure that 
stops production from a process unit, or part of a process unit, for 
less than 24 hours.
    (2) An unscheduled work practice or operational procedure that 
would stop production from a process unit, or part of a process unit, 
for a shorter period of time than would be required to clear the 
process unit, or part of the process unit, of materials and start up 
the unit and result in greater emissions than delay of repair of 
leaking components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing 
of equipment without stopping production.
    Process vent means a piece of equipment that processes a gas stream 
(both batch and continuous streams) during operation of the unit within 
a manufacturing process unit that meets

[[Page 34926]]

the applicability criteria of this subpart. Process vents process gas 
streams that are either discharged directly to the atmosphere or are 
discharged to the atmosphere after diversion through a product recovery 
device. Process vents include vents from distillate receivers, product 
separators, and ejector-condensers. Process vents exclude relief valve 
discharges and leaks from equipment regulated under this subpart. 
Process vents that process gas streams containing less than or equal to 
0.005 weight-percent organic HAP are not subject to the process vent 
requirements of this subpart.
    Product means a compound or chemical which is manufactured as the 
intended product of the applicable production process unit as defined 
in Sec. 63.1103. By-products, isolated intermediates, impurities, 
wastes, and trace contaminants are not considered products.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are 
not limited to, absorbers, carbon adsorbers, and condensers. For 
purposes of the monitoring, recordkeeping, and reporting requirements 
of this subpart, recapture devices are considered recovery devices.
    Recovery device means an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for fuel 
value (i.e., net positive heating value), use, reuse, or for sale for 
fuel value. Examples of equipment that may be recovery devices include 
absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of operation of a regulated source and 
equipment required or used to comply with this subpart, or the emptying 
and degassing of a storage vessel. Shutdown is defined here for 
purposes of including, but not limited to, periodic maintenance, 
replacement of equipment, or repair. Shutdown does not include the 
routine rinsing or washing of equipment in batch operation between 
batches.
    Startup means the setting into operation of a regulated source and/
or equipment required or used to comply with this subpart. 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.
    Storage vessel or Tank, for the purposes of this subpart, means a 
stationary unit that is constructed primarily of nonearthen materials 
(such as wood, concrete, steel, fiberglass, or plastic) that provide 
structural support and is designed to hold an accumulation of liquids 
or other materials. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Bottoms receiver tanks;
    (3) Surge control vessels; or
    (4) Vessels storing wastewater.
    Subsequent startup means any setting into operation of a regulated 
source and/or equipment required or used to comply with this subpart 
following the initial startup.
    Surge control vessel means a feed drum, recycle drum, or 
intermediate vessel. Surge control vessels are used within a process 
unit (as defined in this subpart) when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production 
of a product.
    Total organic compounds or TOC means those compounds, excluding 
methane and ethane, measured according to the procedures of Method 18 
or Method 25A of appendix A of part 60.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based 
on vent stream flow rate, emission rate of organic HAP, net heating 
value, and corrosion properties (whether or not the vent stream 
contains halogenated compounds), as quantified by the equations given 
under Sec. 63.1104(e).
    Transfer rack means a single system used to fill bulk cargo tanks 
mounted on or in a truck or railcar. A transfer rack includes all 
loading arms, pumps, meters, shutoff valves, relief valves, and other 
piping and equipment necessary for the transfer operation. Transfer 
equipment and operations that are physically separate (i.e., do not 
share common piping, valves, and other equipment) are considered to be 
separate transfer racks.
    Unit operation means distinct equipment used in processing, among 
other things, to prepare reactants, facilitate reactions, separate and 
purify products, and recycle materials. Equipment used for these 
purposes includes, but is not limited to, reactors, distillation 
columns, extraction columns, absorbers, decanters, dryers, condensers, 
and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic HAP vapors displaced from tank trucks or railcars 
during loading; and to route the collected organic HAP vapors to the 
storage vessel from which the liquid being loaded originated, or to 
compress collected organic HAP vapors and commingle with the raw feed 
of a production process unit.


Sec. 63.1102  Compliance schedule.

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

[[Page 34927]]

under this subpart shall comply with this subpart no later than July 1, 
2002 if:
    (A) The promulgated standard is more stringent than the proposed 
standard; and
    (B) The owner or operator complies with this subpart as proposed 
during the 3-year period immediately after the effective date of 
standards for an acetal resins, acrylic and modacrylic fiber, hydrogen 
fluoride, or polycarbonate production affected source.
    (2) Compliance dates for existing sources. (i) The owner or 
operator of an existing acetal resins, acrylic and modacrylic fiber, 
hydrogen fluoride, or polycarbonate production affected source shall 
comply with the requirements of this subpart within 3 years after the 
effective date of standards for the affected source.
    (ii) The owner or operator of an acetal resins, acrylic and 
modacrylic fiber, hydrogen fluoride, or polycarbonate production 
nonmajor source that increases its emissions of (or its potential to 
emit) hazardous air pollutants such that the source becomes a major 
source shall be subject to the relevant standards for existing sources 
under this subpart. Such sources shall comply with the relevant 
standard within 3 years of becoming a major source.


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

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

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

[[Page 34928]]

 
3. A back end process vent    The vent stream has   a. Reduce emissions
 from continuous unit          a a TREa < 1.0.       of total organic
 operations.                                         HAP by using a
                                                     flare meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part; or
                                                    b. Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent, or reduce
                                                     TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 1.0.
4. A back end process vent    1.0  TREa  Monitor and keep
 from continuous unit           4.0.      records of
 operations.                                         equipment operating
                                                     parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Secs.
                                                     63.990(c)(absorber,
                                                     condenser, and
                                                     carbon adsorber
                                                     monitoring) or
                                                     63.995(c) (other
                                                     noncombustion
                                                     systems used as a
                                                     control device
                                                     monitoring) of this
                                                     part.
5. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of
                               contacts  10 weight-        (national emission
                               percent organic       standards for
                               HAPb, and operates    equipment leaks
                                300       (control level 1))
                               hours per year.       or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------
a The TRE is determined according to the procedures specified in Sec.
  63.1104(j).
b The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.

    (b) Acrylic and modacrylic fiber production applicability, 
definitions, and requirements. (1) Applicability. (i) Affected source. 
For the acrylic fibers and modacrylic fibers production (as defined in 
paragraph (b)(2) of this section) source category, the affected source 
shall comprise all emission points, in combination, listed in 
paragraphs (b)(1)(i)(A) through (E) of this section, that are 
associated with a suspension or solution polymerization process unit 
that produces acrylic and modacrylic fiber located at a major source as 
defined in section 112(a) of the Act.
    (A) All storage vessels that store liquid containing acrylonitrile 
or organic HAP.
    (B) All process vents from continuous unit operations.
    (C) All wastewater streams associated with the acrylic and 
modacrylic fibers production process unit as defined in (b)(2) of this 
section.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts acrylonitrile or organic HAP.
    (E) All acrylic and modacrylic fiber spinning lines using a 
spinning solution or suspension having organic acrylonitrile or organic 
HAP. For the purposes of implementing this paragraph, a spinning line 
includes the spinning solution filters, spin bath, and the equipment 
used downstream of the spin bath to wash, dry, or draw the spun fiber.
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (b)(1)(i) of this section, is specified 
in Sec. 63.1102(a).
    (2) Definitions.
    Acrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 85 percent by weight of acrylonitrile units.
    Acrylic and modacrylic fibers production means the production of 
either of the following synthetic fibers composed of acrylonitrile 
units:
    (i) Acrylic fiber.
    (ii) Modacrylic fiber.
    Acrylonitrile solution polymerization means a process where 
acrylonitrile and comonomers are dissolved in a solvent to form a 
polymer solution (typically polyacrylonitrile). The polyacrylonitrile 
is soluble in the solvent. In contrast to suspension polymerization, 
the resulting reactor polymer solution (spin dope) is filtered and 
pumped directly to the fiber spinning process.
    Acrylonitrile suspension polymerization means a polymerization 
process where small drops of acrylonitrile and comonomers are suspended 
in water in the presence of a catalyst where they polymerize under 
agitation. Solid beads of polymer are formed in this suspension 
reaction which are subsequently filtered, washed, refiltered, and 
dried. The beads must be subsequently redissolved in a solvent to 
create a spin dope prior to introduction to the fiber spinning process.
    Fiber spinning line means the group of equipment and process vents 
associated with acrylic or modacrylic fiber spinning operations. The 
fiber spinning line includes (as applicable to the type of spinning 
process used) the blending and dissolving tanks, spinning solution 
filters, wet spinning units, spin bath tanks, and the equipment used 
downstream of the spin bath to wash, dry, or draw the spun fiber.
    Modacrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 35 percent by weight of acrylonitrile units but less than 85 
percent by weight of acrylonitrile units.
    Spin dope means the liquid mixture of polymer and solvent that is 
fed to the spinneret to form the acrylic and modacrylic fibers.
    (3) Requirements. An owner or operator of an affected source must 
comply with the requirements of paragraph (b)(3)(i) or (ii) of this 
section.
    (i) Table 2 of this section specifies the acrylic and modacrylic 
fiber production

[[Page 34929]]

source category control requirement applicability for both existing and 
new sources. Applicability assessment procedures and methods are 
specified in Secs. 63.1104 through 63.1107. An owner or operator of an 
affected source is not required to perform tests, or other 
applicability assessment procedures if they opt to comply with the most 
stringent requirements for an applicable emission point pursuant to 
this subpart. General compliance, recordkeeping, and reporting 
requirements are specified in Secs. 63.1108 through 63.1112. Procedures 
for approval of alternative means of emission limitations are specified 
in Sec. 63.1113. The owner or operator must control organic HAP 
emissions from each affected source emission point by meeting the 
applicable requirements specified in table 2 of this section.

 Table 2.--To Sec.  63.1103(b)(3)(i)--What Are My Requirements If I Own
  Or Operate An Acrylic And Modacrylic Fiber Production Existing Or New
    Affected Source And Am Complying With Paragraph (b)(3)(i) Of This
                                Section?
------------------------------------------------------------------------
  If you own or operate...          And if...         Then you must...
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   a. Reduce emissions
                               is acrylonitrile.     of acrylonitrile by
                                                     98 weight-percent
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control device
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part, or 95
                                                     weight-percent or
                                                     greater by venting
                                                     through a closed
                                                     vent system to a
                                                     recovery device
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), Sec.
                                                     63.993 (recovery
                                                     device
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of acrylonitrile or
 (halogenated).                of halogen atoms      TOC as specified
                               contained in          for nonhalogenated
                               organic compounds     process vents from
                               0.45       continuous unit
                               kilograms per hour    operations (other
                               a and an              than by using a
                               acrylonitrile         flare) by venting
                               concentration 50 parts per   closed vent system
                               million by volume b   to a halogen
                               and an average flow   reduction device
                               rate 0.005 cubic        requirements of
                               meters per minute.    subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction devices
                                                     requirements) of
                                                     this part that
                                                     reduces hydrogen
                                                     halides and
                                                     halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per year,
                                                     whichever is less
                                                     stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction devices
                                                     requirements) of
                                                     this part and then
                                                     complying with the
                                                     requirements
                                                     specified for
                                                     process vents from
                                                     continuous unit
                                                     operations
                                                     (nonhalogenated).
3. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of acrylonitrile by
 (nonhalogenated).             of halogen atoms      using a flare
                               contained in          meeting the
                               organic compounds     requirements of
                               <0.45 kilograms per   subpart SS, Sec.
                               hour a, and an        63.987 (flare
                               acrylonitrile         requirements) of
                               concentration 50 parts per  b. Reduce emissions
                               million by volume b   of acrylonitrile by
                               and an average flow   98 weight-percent,
                               rate 0.005 cubic        concentration of 20
                               meters per minute.    parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part.

[[Page 34930]]

 
4. A fiber spinning line      The lines use a spin  a. Reduce
 that is a new or modified     dope produced from    acrylonitrile
 source.                       either a suspension   emissions by 85
                               polymerization        weight-percent or
                               process or solution   more. (For example,
                               polymerization        by enclosing the
                               process,.             spinning and
                                                     washing areas of
                                                     the spinning line
                                                     (as specified in
                                                     paragraph (b)(4) of
                                                     this section) and
                                                     venting through a
                                                     closed vent system
                                                     and using any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a), of this
                                                     part); or
                                                    b. Reduce
                                                     acrylonitrile
                                                     emissions from the
                                                     spinning line to
                                                     less than or equal
                                                     to 0.25 kilograms
                                                     of acrylonitrile
                                                     per megagram (0.5
                                                     pounds of
                                                     acrylonitrile per
                                                     ton) of acrylic and
                                                     modacrylic fiber
                                                     produced; or
                                                    c. Reduce the AN
                                                     concentration of
                                                     the spin dope to
                                                     less than 100 ppmw.
5. A fiber spinning line      The spinning line     Maintain records and
 that is an existing source.   uses a spin dope      report emissions as
                               produced from a       specified in Secs.
                               solution              63.1109 through
                               polymerization        63.1110. Control of
                               process.              spinning line AN
                                                     emissions is not
                                                     required
6. A fiber spinning line      The spinning line     a. Reduce the AN
 that is an existing source.   uses a spin dope      concentration of
                               produced from a       the spin dope to
                               suspension            less than 100 ppmw
                               polymerization        b, or
                               process.
                                                    b. Reduce
                                                     acrylonitrile
                                                     emissions from the
                                                     spinning line to
                                                     less than or equal
                                                     to 0.025 kilograms
                                                     of acrylonitrile
                                                     per megagram of
                                                     acrylic and
                                                     modacrylic fiber
                                                     produced.
7. Equipment as defined       It contains or        Comply with the
 under Sec.  63.1101.          contacts 10 weight-         subpart TT
                               percent               (national emission
                               acrylonitrile c,      standards for
                               and operates 300 hours      (control level 1))
                               per year.             or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------
a The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
b The percent by weight organic HAP is determined according to the
  procedures specified in Sec.  63.1107.
c The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.

    (ii) The owner or operator must control organic HAP emissions from 
the acrylic and modacrylic fibers production facility by meeting the 
applicable requirements specified in table 3 of this section. The owner 
or operator must determine the facility acrylonitrile emission rate 
using the procedures specified in paragraph (b)(5) of this section. 
Applicability assessment procedures and methods are specified in 
Secs. 63.1104 through 63.1107. An owner or operator of an affected 
source does not have to perform tests, TRE calculations or other 
applicability assessment procedures if they opt to comply with the most 
stringent requirements for an applicable emission point pursuant to 
this subpart. General compliance, recordkeeping, and reporting 
requirements are specified in Secs. 63.1108 through 63.1112. Procedures 
for approval of alternative means of emission limitations are specified 
in Sec. 63.1113.

 Table 3. To Sec.  63.1103(b)(3)(ii).--What Are My Requirements If I Own
  Or Operate An Acrylic And Modacrylic Fiber Production Existing Or New
   Affected Source And Am Complying With Paragraph (b)(3)(ii) Of This
                                Section?
------------------------------------------------------------------------
                                Then you must control total organic HAP
   If you own or operate...     emissions from the affected source by...
------------------------------------------------------------------------
1. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total acrylonitrile emissions
 source and your facility is    from all affected storage vessels,
 an existing source.            process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 1.0 kilograms (kg) of
                                acrylonitrile per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility acrylonitrile
                                emission rate in accordance with the
                                requirements specified in
                                paragraph(b)(5) of this section.
2. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total acrylonitrile emissions
 source and your facility is    from all affected storage vessels,
 a new source.                  process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragaph (b)(2) of
                                this section, and fiber spinning lines
                                operated in the acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.5 kilograms (kg) of
                                acrylonitrile per megagram (Mg) of fiber
                                produced.

[[Page 34931]]

 
                               b. Determine the facility acrylonitrile
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
3. Equipment as defined under  Meeting either of the following standards
 Sec.  63.1101 and it           for equipment leaks:
 contains or contacts  10      a. Comply with subpart TT of this part;
 weight-percent                 or
 acrylonitrile,a and operates  b. Comply with subpart UU of this part.
  300 hours per year.
------------------------------------------------------------------------
a The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.

    (4) Fiber spinning line enclosure requirements. For an owner or 
operator of a new or modified source electing to comply with paragraph 
(b)(3)(i) of this section, the fiber spinning line enclosure must be 
designed and operated to meet the requirements specified in paragraphs 
(b)(4)(i) through (iv) of this section.
    (i) The enclosure must cover the spinning and washing areas of the 
spinning line.
    (ii) The enclosure must be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in 
``Procedure T--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure'' in 40 CFR 52.741, Appendix B.
    (iii) The enclosure may have permanent or temporary openings to 
allow worker access; passage of material into or out of the enclosure 
by conveyor, vehicles, or other mechanical means; entry of permanent 
mechanical or electrical equipment; or to direct airflow into the 
enclosure.
    (iv) The owner or operator must perform the verification procedure 
for the enclosure as specified in section 5.0 to ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (5) Facility acrylonitrile emission rate determination. For an 
owner or operator electing to comply with paragraph (b)(3)(ii) of this 
section, the facility acrylonitrile emission rate must be determined 
using the requirements specified in paragraphs (b)(5)(i) through (iii) 
of this section.
    (i) The owner or operator must prepare an initial determination of 
the facility acrylonitrile emission rate.
    (ii) Whenever changes to the acrylic or modacrylic fiber production 
operations at the facility could potentially cause the facility 
acrylonitrile emission rate to exceed the applicable limit of kilogram 
of acrylonitrile per Megagram of fiber produced, the owner or operator 
must prepare a new determination of the facility acrylonitrile emission 
rate.
    (iii) For each determination, the owner or operator must prepare 
and maintain at the facility site sufficient process data, emissions 
data, and any other documentation necessary to support the facility 
acrylonitrile emission rate calculation.
    (c) Hydrogen fluoride production applicability, definitions, and 
requirements. (1) Applicability. (i) Affected source. For the hydrogen 
fluoride production (as defined in paragraph (c)(2) of this section) 
source category, the affected source shall comprise all emission 
points, in combination, listed in paragraphs (c)(1)(i)(A) through (D) 
of this section, that are associated with a hydrogen fluoride 
production process unit located at a major source as defined in section 
112(a) of the Act.
    (A) All storage vessels used to accumulate or store hydrogen 
fluoride.
    (B) All process vents from continuous unit operations associated 
with hydrogen fluoride recovery and refining operations. These process 
vents include vents on condensers, distillation units, and water 
scrubbers.
    (C) All transfer racks used to load hydrogen fluoride into tank 
trucks or railcars.
    (D) Equipment in hydrogen fluoride service (as defined in paragraph 
(c)(2) of this section).
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (c)(1)(i) of this section, is specified 
in Sec. 63.1102(a).
    (2) Definitions.
    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 
purposes of this subpart.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in hydrogen fluoride service; and 
any control devices or closed-vent systems used to comply with this 
subpart.
    Hydrogen fluoride production means a process engaged in the 
production and recovery of hydrogen fluoride by reacting calcium 
fluoride with sulfuric acid. For the purpose of implementing this 
subpart, hydrogen fluoride production is not a process that produces 
gaseous hydrogen fluoride for direct reaction with hydrated aluminum to 
form aluminum fluoride (i.e., the hydrogen fluoride is not recovered as 
an intermediate or final product prior to reacting with the hydrated 
aluminum).
    In hydrogen fluoride service means that a piece of equipment either 
contains or contacts a hydrogen fluoride process fluid (liquid or gas).
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    Instrumentation system means a group of equipment components used 
to condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are 
the predominant type of equipment used in instrumentation systems; 
however, other types of equipment may also be included in these 
systems.
    Kiln seal means the mechanical or hydraulic seals at both ends of 
the kiln, designed to prevent the infiltration of moisture and air 
through the interface of the rotating kiln and stationary pipes and 
equipment attached to the kiln during normal vacuum operation of the 
kiln (operation at an internal pressure of at least 0.25 kilopascal 
[one inch of water] below ambient pressure).
    Leakless pump means a pump whose seals are submerged in liquid, a 
magnetically-driven pump, a pump equipped with a dual mechanical seal 
system that includes a barrier fluid system, a canned pump, or other 
pump that is designed with no externally

[[Page 34932]]

actuated shaft penetrating the pump housing.
    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.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable 
working pressure of the process equipment. A common pressure relief 
device is a spring-loaded pressure relief valve. Devices that are 
actuated either by a pressure of less than or equal to 2.5 pounds per 
square inch gauge or by a vacuum are not pressure relief devices.
    Relief device or valve means a valve used only to release an 
unplanned, nonroutine discharge. A relief valve discharge can result 
from an operator error, a malfunction such as a power failure or 
equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired for the purpose of this regulation means equipment is 
adjusted, or otherwise altered, to eliminate a leak identified by 
sensory monitoring.
    Sampling connection system means an assembly of equipment within a 
process unit or affected facility used during periods of representative 
operation to take samples of the process fluid. Equipment used to take 
nonroutine grab samples is not considered a sampling connection system.
    Sensory monitoring means the detection of a potential leak to the 
atmosphere by walk-through visual, audible, or olfactory monitoring. 
Comprehensive component-by-component inspection is not required.
    Shift means the time a shift operator normally works, typically 8 
or 12 hours.
    (3) Requirements. Table 4 of this section specifies the hydrogen 
fluoride production source category applicability and control 
requirements for both existing and new sources. The owner or operator 
must control hydrogen fluoride emissions from each affected source 
emission point as specified in table 4. General compliance, 
recordkeeping, and reporting requirements are specified in 
Secs. 63.1108 through 63.1112. Specific monitoring, recordkeeping, and 
reporting requirements are specified in table 4. Minimization of 
emissions from startups, shutdowns, and malfunctions, including those 
resulting from kiln seals must be addressed in the startup, shutdown, 
and malfunction plan required by Sec. 63.1111; the plan must also 
establish reporting and recordkeeping of such events. Procedures for 
approval of alternative means of emission limitations are specified in 
Sec. 63.1113.

   Table 4. TO Sec.  63.1103(c)--What Are My Requirements If I Own or
 Operate a Hydrogen Fluoride Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   Reduce emissions of
                               is hydrogen           hydrogen fluoride
                               fluoride.             by venting
                                                     displacement
                                                     emissions created
                                                     by normal filling
                                                     or emptying
                                                     activities through
                                                     a closed-vent
                                                     system to a
                                                     recovery system or
                                                     wet scrubber that
                                                     is designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     The minimum liquid
                                                     flow rate to the
                                                     scrubber that
                                                     achieves a 99
                                                     weight-percent
                                                     removal efficiency
                                                     shall be
                                                     established, and
                                                     may be done so by
                                                     design analysis.
                                                     The liquid flow
                                                     rate to the
                                                     scrubber shall be
                                                     continuously
                                                     monitored and
                                                     records maintained
                                                     according to Sec.
                                                     63.996 and Sec.
                                                     63.998(b), (c), and
                                                     (d)(3) of 40 CFR
                                                     subpart SS of this
                                                     part. The Periodic
                                                     Report specified in
                                                     Sec.  63.1110(a)(5)
                                                     of this subpart
                                                     shall include the
                                                     information
                                                     specified in Sec.
                                                     63.999(c) of 40 CFR
                                                     subpart SS of this
                                                     part, as
                                                     applicable.
2. A process vent from        The vent stream is    Reduce emissions of
 continuous unit operations.   from hydrogen         hydrogen fluoride
                               fluoride recovery     from the process
                               and refining          vent by venting
                               vessels.              emissions through a
                                                     closed-vent system
                                                     to a wet scrubber
                                                     that is designed
                                                     and operated to
                                                     achieve a 99 weight-
                                                     percent removal
                                                     efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling
                                                     hydrogen fluoride
                                                     emissions from a
                                                     storage vessel.

[[Page 34933]]

 
3. A transfer rack..........  The transfer rack is  Reduce emissions of
                               associated with       hydrogen fluoride
                               bulk hydrogen         by venting
                               fluoride liquid       emissions through a
                               loading into tank     closed-vent system
                               trucks and rail       to a recovery
                               cars.                 system or wet
                                                     scrubber that is
                                                     designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling HF
                                                     emissions from a
                                                     storage vessel. You
                                                     also must load
                                                     hydrogen fluoride
                                                     into only tank
                                                     trucks and railcars
                                                     that have a current
                                                     certification in
                                                     accordance with the
                                                     U.S. DOT pressure
                                                     test requirements
                                                     of 49 CFR part 180
                                                     for tank trucks and
                                                     49 CFR 173.31 for
                                                     railcars; or have
                                                     been demonstrated
                                                     to be vapor-tight
                                                     (i.e. will sustain
                                                     a pressure change
                                                     of not more than
                                                     750 Pascals within
                                                     5 minutes after it
                                                     is pressurized to a
                                                     minimum or 4,500
                                                     Pascals) within the
                                                     preceding 12
                                                     months.
4. Equipment................  It is in hydrogen     Control hydrogen
                               fluoride service      fluoride emissions
                               and operates  300 hours     pumps and by
                               per year and is not   implementing a
                               in vacuum service.    sensory monitoring
                                                     leak detection
                                                     program. Equipment
                                                     that is excluded
                                                     from sensory
                                                     monitoring because
                                                     it operates less
                                                     than 300 hours per
                                                     year or is in
                                                     vacuum service
                                                     shall be identified
                                                     by list, location,
                                                     or other method and
                                                     the identity shall
                                                     be recorded. An
                                                     owner or operator
                                                     is required to
                                                     perform sensory
                                                     monitoring at least
                                                     once every shift,
                                                     but no later than
                                                     within 15 days.
                                                     When a leak is
                                                     detected, repair
                                                     must begin within
                                                     one hour and be
                                                     completed as soon
                                                     as practical. A
                                                     record shall be
                                                     kept of each leak
                                                     detected and
                                                     repaired including:
                                                     equipment
                                                     identification
                                                     number, date and
                                                     time the leak was
                                                     detected and that
                                                     repair was
                                                     initiated, and the
                                                     date of successful
                                                     repair.
------------------------------------------------------------------------

    (d) Polycarbonate production applicability, definitions, and 
requirements.
    (1) Applicability.
    (i) Affected source. For the polycarbonate production (as defined 
in paragraph (d)(2) of this section) source category, the affected 
source shall comprise all emission points, in combination, listed in 
paragraphs (d)(1)(i)(A) through (D) of this section, that are part of a 
polycarbonate production process unit located at a major source as 
defined in section 112(a) of the Act. For the purposes of this rule, a 
polycarbonate production process unit is a unit that produces 
polycarbonate by interfacial polymerization from bisphenols and 
phosgene. Phosgene production units that are associated with 
polycarbonate production process units are considered to be part of the 
polycarbonate production process. A phosgene production unit consists 
of the reactor in which phosgene is formed and all equipment (listed in 
paragraphs (d)(1)(i)(A) through (D) of this section) downstream of the 
reactor that provides phosgene for the production of polycarbonate. 
Therefore, for the purposes of this rule, such a phosgene production 
unit is considered to be a polycarbonate production process unit.
    (A) All storage vessels that store liquids containing organic HAP.
    (B) All process vents from continuous and batch unit operations.
    (C) All wastewater streams.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that 
contains or contacts organic HAP.
    (ii) Compliance schedule. The compliance schedule, for affected 
sources as defined in paragraph (d)(1)(i) of this section, is specified 
in Sec. 63.1102(a).
    (2) Definitions. 
    Polycarbonate production means a process engaged in the production 
of a special class of polyester formed from any dihydroxy compound and 
any carbonate diester or by ester exchange. Polycarbonate may be 
produced by solution or emulsion polymerization, although other methods 
may be used. A typical method for the manufacture of polycarbonate 
includes the reaction of bisphenol-A with phosgene in the presence of 
pyridine or other catalyst to form polycarbonate. Methylene chloride or 
other solvents are used in this polymerization reaction.
    (3) Requirements. Tables 5 and 6 of this section specify the 
applicability criteria and standards for existing and new sources 
within the polycarbonate production source category. The owner or 
operator must control organic HAP emissions from each affected source 
emission point by meeting the applicable requirements specified in 
tables 5 and 6. Applicability assessment procedures and methods are 
specified in Secs. 63.1104 through 63.1107. An owner or operator of an 
affected source is not required to perform tests, TRE calculations or 
other applicability

[[Page 34934]]

assessment procedures if they opt to comply with the most stringent 
requirements for an applicable emission point pursuant to this subpart. 
General compliance, recordkeeping, and reporting requirements are 
specified in Secs. 63.1108 through 63.1112. Procedures for approval of 
alternative means of emission limitations are specified in 
Sec. 63.1113.

    Table 5 To Sec.  63.1103(d)--What Are My Requirements If I Own or
      Operate A Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage vessel with: 75  27.6 kilopascals       thn-eq> maximum       total organic HAP
 capacity < 151 cubic meters.  true vapor pressure   by 95 weight-
                               of total organic      percent by venting
                               HAP < 76.6            emissions through a
                               kilopascals.          closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                     comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The maximum true      Reduce emissions of
 151 cubic meters  capacity.                 total organic HAP     by 98 weight-
                                5.2       percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part
3. A storage vessel with: 75  The maximum true      Reduce emissions of
 cubic meters       vapor pressure of     total organic HAP
 capacity < 151 cubic meters.  total organic HAP     by 95 weight-
                                76.6      percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE b,c a.  eq> 2.7.              HAP by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part and vent
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, of this
                                                     part, that reduces
                                                     hydrogen halides
                                                     and halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per hour
                                                     d, whichever is
                                                     less stringent; or
  ..........................                        b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction device
                                                     requirements) of
                                                     this part and
                                                     reduce emissions of
                                                     total organic HAP
                                                     by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 2.7.

[[Page 34935]]

 
5. A process vent from        2.7 < TRE b,c  4.0.          records of
 or a combined vent stream a.                        equipment operating
                                                     parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Secs.
                                                     63.990(c)
                                                     (absorber,
                                                     condenser, and
                                                     carbon adsorber
                                                     monitoring) or
                                                     63.995(c) (other
                                                     noncombustion
                                                     systems used as a
                                                     control device
                                                     monitoring) of this
                                                     part.
6. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of
                               contacts  5 weight-         (national emission
                               percent total         standards for
                               organic HAPd, and     equipment leaks
                               operates  300 hours per     or subpart UU
                               year.                 (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------
a Combined vent streams shall use the applicability determination
  procedures and methods for process vents from continuous unit
  operations (Sec.  63.1104).
b The TRE equation coefficients for halogenated streams (table 1 of Sec.
   63.1104(j)(1)) shall be used to calculate the TRE index value.
c The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
d The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
e The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.


   Table 6. To Sec.  63.1103(d)--What Are My Requirements If I Own or
         Operate A Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage vessel with: 38  13.1 kilopascals       thn-eq> maximum       of total organic
 capacity < 151 cubic meters.  true vapor pressure   HAP by 95 weight-
                               of total organic      percent by venting
                               HAP < 76.6            emissions through a
                               kilopascalsa.         closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The vapor pressure    Reduce emissions of
 151 cubic meters capacity.                  HAP is     by 98 weight-
                               5.2 kilopascals.      percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.
3. A storage vessel with: 38  The vapor pressure    Reduce emissions of
 cubic meters       of total organic      total organic HAP
 capacity < 151 cubic meters.  HAP is     by 95 weight-
                               76.6 kilopascals.     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.

[[Page 34936]]

 
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a a TREb,c a.  eq> 9.6.              HAP by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part and vent
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, of this
                                                     part that reduces
                                                     hydrogen halides
                                                     and halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per
                                                     hourd, whichever is
                                                     less stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction device
                                                     requirements) of
                                                     this part and
                                                     reduce emissions of
                                                     total organic HAP
                                                     by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 9.6
5. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of 40
                               contacts  5 weight-         (national emission
                               percent HAPe, and     standards for
                               operates  300 hours per     (control level 1))
                               year.                 or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------
a Combined vent streams shall use the applicability determination
  procedures and methods for process vents from continuous unit
  operations (Sec.  63.1104).
b The TRE equation coefficients for halogenated streams (table 1 of Sec.
   63.1104(j)(1)) shall be used to calculate the TRE index value.
c The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
d The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
e The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.

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

    (a) General. The provisions of this section provide calculation and 
measurement methods for criteria that are required by Sec. 63.1103 to 
be used to determine applicability of the control requirements for 
process vents from continuous unit operations. The owner or operator of 
a process vent is not required to determine the criteria specified for 
a process vent that is being controlled in accordance with the 
applicable weight-percent or TOC concentration requirement in 
Sec. 63.1103.
    (b) Sampling sites. For purposes of determining process vent 
applicability criteria, the sampling site shall be located as specified 
in (b)(1) through (4) of this section, as applicable.
    (1) Sampling site location if TRE determination is required. If the 
applicability criteria specified in the applicable table of 
Sec. 63.1103 includes a TRE index value, the sampling site for 
determining volumetric flow rate, regulated organic HAP concentration, 
total organic HAP or TOC concentration, heating value, and TRE index 
value, shall be after the final 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 location if TRE determination is not required. If 
the applicability criteria specified in the applicable table of 
Sec. 63.1103 does not include a TRE index value, the sampling site for 
determining volumetric flow rate, regulated organic HAP concentration, 
total organic HAP or TOC concentration, and any other specified 
parameter shall be at the exit from the unit operation before any 
control device.

[[Page 34937]]

    (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 (0.33 foot) in nominal inside diameter.
    (4) Sampling site when a halogen reduction device is used prior to 
a combustion device. An owner or operator using a scrubber to reduce 
the process vent halogen atom mass emission rate to less than 0.45 
kilograms per hour (0.99 pound per hour) prior to a combustion control 
device in compliance with Sec. 63.1103 (as appropriate) shall determine 
the halogen atom mass emission rate prior to the combustion device 
according to the procedures in paragraph (i) of this section.
    (c) Applicability assessment requirement. The TOC or organic HAP 
concentrations, process vent volumetric flow rates, process vent 
heating values, process vent TOC or organic HAP emission rates, 
halogenated process vent determinations, process vent TRE index values, 
and engineering assessment process vent control applicability 
assessment requirements are to be determined during maximum 
representative operating conditions for the process, except as provided 
in paragraph (d) of this section, or unless the Administrator specifies 
or approves alternate operating conditions. Operations during periods 
of startup, shutdown, and malfunction shall not constitute 
representative conditions for the purpose of an applicability test.
    (d) Exceptions. For a process vent stream that consists of at least 
one process vent from a batch unit operation manifolded with at least 
one process vent from a continuous unit operation, the TRE shall be 
calculated during periods when one or more batch emission episodes are 
occurring that result in the highest organic HAP emission rate (in the 
combined vent stream that is being routed to the recovery device) that 
is achievable during the 6-month period that begins 3 months before and 
ends 3 months after the TRE calculation, without causing any of the 
situations described in paragraphs (d)(1) through (3) to occur.
    (1) Causing damage to equipment;
    (2) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make produce in excess 
of demand.
    (e) TOC or Organic HAP concentration. The TOC or organic HAP 
concentrations, used for TRE index value calculations in paragraph (j) 
of this section, shall be determined based on paragraph (e)(1), (e)(2) 
or (k) of this section, or any other method or data that have been 
validated according to the protocol in method 301 of appendix A of this 
part. For concentrations needed for comparison with the appropriate 
control applicability concentrations specified in Sec. 63.1103, TOC or 
organic HAP concentration shall be determined based on paragraph 
(e)(1), (e)(2), or (k) of this section or any other method or data that 
has been validated according to the protocol in method 301 of appendix 
A of this part. The owner or operator shall record the TOC or organic 
HAP concentration as specified in paragraph (l)(3) of this section.
    (1) Method 18. The procedures specified in paragraph (e)(1)(i) and 
(ii) of this section shall be used to calculate parts per million by 
volume concentration using method 18 of 40 CFR part 60, appendix A:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time, such as 15-minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
regulated organic HAP emissions shall be calculated according to 
paragraph (e)(1)(ii)(A) or (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 Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.015

Where:

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

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

[[Page 34938]]

volumetric flow shall be corrected to 2.3 percent moisture; or
    (2) The engineering assessment procedures in paragraph (k) of this 
section can be used for determining volumetric flow rates.
    (g) Heating value. The net heating value shall be determined as 
specified in paragraphs (g)(1) and (2) of this section, or by using the 
engineering assessment procedures in paragraph (k) of this section.
    (1) The net heating value of the process vent shall be calculated 
using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR29JN99.016

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.
    Dj = Concentration on a wet basis of compound j in parts per 
million, as measured by procedures indicated in paragraph (e)(2) of 
this section. For process vents that pass through a final stream jet 
and are not condensed, the moisture is assumed to be 2.3 percent by 
volume.
    Hj = Net heat of combustion of compound j, kilocalorie 
per gram-mole, based on combustion at 25 deg. C and 760 millimeters 
mercury.
    (2) The molar composition of the process vent (D j) 
shall be determined using the methods specified in paragraphs (g)(2)(i) 
through (iii) of this section:
    (i) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials D1946-90 to measure 
the concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of 40 CFR part 60, appendix A to measure the 
moisture content of the stack gas.
    (h) TOC or Organic HAP emission rate. The emission rate of TOC 
(minus methane and ethane) (ETOC) and the emission rate of 
the regulated organic HAP or total organic HAP (EHAP) in the 
process vent, as required by the TRE index value equation specified in 
paragraph (j) of this section, shall be calculated using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29JN99.017

Where:

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

    (i) Halogenated process vent determination. In order to determine 
whether a process vent is halogenated, the mass emission rate of 
halogen atoms contained in organic compounds shall be calculated 
according to the procedures specified in paragraphs (i)(1) and (2) of 
this section. A process vent is considered halogenated if the mass 
emission rate of halogen atoms contained in the organic compounds is 
equal to or greater than 0.45 kilograms per hour.
    (1) The process vent concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on one of the procedures specified in 
paragraphs (i)(1)(i) through (iv) of this section:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the process vent, or
    (ii) Applicable engineering assessment as discussed in paragraph 
(k) of this section, or
    (iii) Concentration of organic compounds containing halogens or 
hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, 
appendix A, or
    (iv) Any other method or data that have been validated according to 
the applicable procedures in method 301 of appendix A of this part.
    (2) Equation 4 shall be used to calculate the mass emission rate of 
halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR29JN99.018

Where:

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

    (j) TRE index value. The owner or operator shall calculate the TRE 
index value of the process vent using the equations and procedures in 
this paragraph, as applicable, and shall maintain records specified in 
paragraph (l)(1) or (m)(2) of this section, as applicable.
    (1) TRE index value equation. The equation for calculating the TRE 
index value is Equation 5:

[[Page 34939]]

[GRAPHIC] [TIFF OMITTED] TR29JN99.019


Where:

TRE = TRE index value.
A, B, C, D = Coefficients presented in table 8 of this subpart.
EHAP = Emission rate of total organic HAP, kilograms per 
hour, as calculated according to paragraph (h) or (k) of this section.
Qs = process vent flow rate, standard cubic meters per 
minute, at a standard temperature of 20 deg. C, as calculated according 
to paragraph (f) or (k) of this section.
    HT = process vent net heating value, megaJoules per 
standard cubic meter, as calculated according to paragraph (g) or (k) 
of this section.
    ETOC = Emission rate of TOC (minus methane and ethane), 
kilograms per hour, as calculated according to paragraph (h) or (k) of 
this section.

                                    Table 1 of Sec.  63.1104(j)(1).--Coefficients For Total Resource Effectiveness a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Values of coefficients
     Existing or new?        Halogenated vent stream?     Control device basis   -----------------------------------------------------------------------
                                                                                          A                 B                 C                 D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing..................  Yes......................  Thermal Incinerator and               3.995      5.200 x 10-2     -1.769 x 10-3      9.700 x 10-4
                                                        Scrubber.
                            No.......................  Flare....................             1.935      3.660 x 10-1     -7.687 x 10-3      -7.33 x 10-4
                                                       Thermal Incinerator 0                 1.492      6.267 x 10-2      3.177 x 10-2     -1.159 x 10-3
                                                        Percent Recovery
                                                       Thermal Incinerator 70                2.519      1.183 x 10-2      1.300 x 10-2      4.790 x 10-2
                                                        Percent Recovery
New.......................  Yes......................  Thermal Incinerator and              1.0895      1.417 x 10-2      -4.82 x 10-3      2.645 x 10-3
                                                        Scrubber.
                            No.......................  Flare....................      5.276 x 10-1     9.98 x 10-2-2     -2.096 x 10-3     -2.000 x 10-4
                                                       Thermal Incinerator 0          4.068 x 10-1       1.71 x 10-2      8.664 x 10-3      -3.16 x 10-4
                                                        Percent Recovery
                                                       Thermal Incinerator 70         6.868 x 10-1       3.21 x 10-3      3.546 x 10-3      1.306 x 10-2
                                                        Percent Recovery
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in this section.
MJ/scm = Mega Joules per standard cubic meter
scm/min = Standard cubic meters per minute

    (2) Nonhalogenated process vents. The owner or operator of a 
nonhalogenated process vent shall calculate the TRE index value by 
using the equation and appropriate nonhalogenated process vent 
parameters in table 1 of this section for process vents at existing and 
new sources. The lowest TRE index value is to be selected.
    (3) Halogenated process vents. The owner or operator of a 
halogenated process vent stream, as determined according to procedures 
specified in paragraph (i) or (k) of this section, shall calculate the 
TRE index value using the appropriate halogenated process vent 
parameters in table 1 of this section for existing and new sources.
    (k) Engineering assessment. For purposes of TRE index value 
determinations, engineering assessments may be used to determine 
process vent flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate for the representative operating condition 
expected to yield the lowest TRE index value. Engineering assessments 
shall meet the requirements of paragraphs (k)(1) through (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 
standard cubic meters per minute (scmm) flow rate or the applicable 
concentration value presented in the tables in Sec. 63.1103, 
engineering assessment may be used to determine the flow rate or 
concentration for the representative operating condition expected to 
yield the highest flow rate or concentration.
    (1) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is greater than 4.0, then the owner or operator is not required 
to perform the measurements specified in paragraphs (e) through (i) of 
this section.
    (2) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (j) of this 
section is less than or equal to 4.0, then the owner or operator is 
required either to perform the measurements specified in paragraphs (e) 
through (i) of this section for control applicability assessment or 
comply with the requirements (or standards) specified in the tables 
presented in Sec. 63.1103 (as applicable).
    (3) Engineering assessment includes, but is not limited to, the 
examples specified in paragraphs (k)(3)(i) through (iv) of this 
section:

[[Page 34940]]

    (i) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Maximum flow rate, TOC emission rate, organic HAP emission 
rate, organic HAP or TOC concentration, or net heating value limit 
specified or implied within a permit limit applicable to the process 
vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to those specified in paragraphs (k)(3)(iv)(A) through 
(k)(3)(iv)(D) of this section:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC or organic HAP concentrations,
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (C) Estimation of TOC or organic HAP concentrations based on 
saturation conditions, and
    (D) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound or, alternatively, as if 
all TOC in the stream were the compound with the highest heating value.
    (4) All data, assumptions, and procedures used in the engineering 
assessment shall be documented. The owner or operator shall maintain 
the records specified in paragraphs (l)(1) through (4) of this section, 
as applicable.
    (l) Applicability assessment recordkeeping requirements. (1) TRE 
index value records. The owner or operator shall maintain records of 
measurements, engineering assessments, and calculations performed to 
determine the TRE index value of the process vent according to the 
procedures of paragraph (j) of this section, including those records 
associated with halogen vent stream determination. Documentation of 
engineering assessments shall include all data, assumptions, and 
procedures used for the engineering assessments, as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by Sec. 63.1110(a)(4) 
.
    (2) Flow rate records. The owner or operator shall record the flow 
rate as measured using the sampling site and flow rate determination 
procedures (if applicable) specified in paragraphs (b) and (f) of this 
section or determined through engineering assessment as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by 
Sec. 63.1110(a)(4).
    (3) Concentration records. The owner or operator shall record the 
regulated organic HAP or TOC concentration (if applicable) as measured 
using the sampling site and regulated organic HAP or TOC concentration 
determination procedures specified in paragraphs (e)(1) and (2) of this 
section, or determined through engineering assessment as specified in 
paragraph (k) of this section. As specified in paragraph (m) of this 
section, the owner or operator shall include this information in the 
Notification of Compliance Status report required by 
Sec. 63.1110(a)(4).
    (4) Process change records. The owner or operator shall keep up-to-
date, readily accessible records of any process changes that change the 
control applicability for a process vent. Records are to include any 
recalculation or measurement of the flow rate, regulated organic HAP or 
TOC concentration, and TRE index value.
    (m) Applicability assessment reporting requirements. (1) 
Notification of Compliance Status. The owner or operator shall submit, 
as part of the Notification of Compliance Status report required by 
Sec. 63.1110(a)(4), the information recorded in paragraph (l)(1) 
through (3) of this section.
    (2) Process change. (i) Whenever a process vent becomes subject to 
control requirements under subpart SS of this part as a result of a 
process change, the owner or operator shall submit a report within 60 
days after the performance test or applicability assessment, whichever 
is sooner. The report may be submitted as part of the next Periodic 
Report required by Sec. 63.1110(a)(5). The report shall include the 
information specified in paragraphs (m)(2)(i)(A) through (C) of this 
section.
    (A) A description of the process change;
    (B) The results of the recalculation of the TOC or organic HAP 
concentration, flow rate, and/or TRE index value required under 
paragraphs (e), (f), and (j), and recorded under paragraph (l); and
    (C) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.1103 by the schedules specified in 
that section for the affected source.
    (ii) If a performance test is required as a result of a process 
change, the owner or operator shall specify that the performance test 
has become necessary due to a process change. This specification shall 
be made in the performance test notification to the Administrator, as 
specified in Sec. 63.999(a)(1).
    (iii) If a process change does not result in additional applicable 
requirements, then the owner or operator shall include a statement 
documenting this in the next Periodic Report required by 
Sec. 63.1110(a)(5) after the process change was made.
    (n) Parameter monitoring of certain process vents. An owner or 
operator who maintains a TRE index value (if applicable) in the 
applicable TRE index value monitoring range as specified in an 
applicable table presented in Sec. 63.1103 of this subpart without 
using a recovery device shall report a description of the parameter(s) 
to be monitored to ensure the process vent is operated in conformance 
with its design or process and achieves and maintains the TRE index 
value above the specified level, and an explanation of the criteria 
used to select parameter(s). An owner or operator who maintains a TRE 
index value (if applicable) in the applicable TRE index monitoring 
range as specified in an applicable table presented in Sec. 63.1103 of 
this subpart by using a recovery device shall comply with the 
requirements of Sec. 63.993(c).


Sec. 63.1105  [Reserved]


Sec. 63.1106  [Reserved]


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

    (a) Each piece of equipment within a process unit that can 
reasonably be expected to contain equipment in organic HAP service is 
presumed to be in organic HAP service unless an owner or operator 
demonstrates that the piece of equipment is not in organic HAP service. 
For a piece of equipment to be considered not in organic HAP service, 
it must be determined that the percent organic HAP content can be 
reasonably expected not to exceed the percent by weight control 
applicability criteria specified in Sec. 63.1103 for an affected source 
on an annual average basis. For purposes of determining the percent 
organic HAP content of the process fluid that is contained in or 
contacts equipment, Method 18 of 40 CFR part 60, appendix A shall be 
used.
    (b) An owner or operator may use good engineering judgment rather 
than the procedures in paragraph (a) of this section to determine that 
the percent organic HAP content does not exceed the percent by weight 
control applicability criteria specified in Sec. 63.1103 for an 
affected source. When

[[Page 34941]]

an owner or operator and the Administrator do not agree on whether a 
piece of equipment is not in organic HAP service, however, the 
procedures in paragraph (a) of this section shall be used to resolve 
the disagreement.
    (c) If an owner or operator determines that a piece of equipment is 
in organic HAP service, the determination can be revised after 
following the procedures in paragraph (a) of this section, or by 
documenting that a change in the process or raw materials no longer 
causes the equipment to be in organic HAP service.
    (d) Samples used in determining the percent organic HAP content 
shall be representative of the process fluid that is contained in or 
contacts the equipment.


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

    (a) Requirements. (1) Except as provided in paragraph (a)(2) of 
this section, the emission limitations and established parameter ranges 
of this part shall apply at all times except during periods of startup, 
shutdown, malfunction, or non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. During periods of startup, shutdown, or 
malfunction, the owner or operator shall follow the applicable 
provisions of the startup, shutdown, malfunction plan required by 
Sec. 63.1111. However, if a startup, shutdown, malfunction or period of 
non-operation of one portion of an affected source does not affect the 
ability of a particular emission point to comply with the specific 
provisions to which it is subject, then that emission point shall still 
be required to comply with the applicable provisions of this subpart 
and any of the subparts that are referenced by this subpart during 
startup, shutdown, malfunction, or period of non-operation.
    (2) If equipment leak requirements are referenced by this subpart 
for a subject source category, such requirements shall apply at all 
times except during periods of startup, shutdown, or malfunction, 
process unit shutdown (as defined in Sec. 63.1101), or non-operation of 
the affected source (or specific portion thereof) in which the lines 
are drained and depressurized resulting in cessation of the emissions 
to which the equipment leak requirements apply.
    (3) For batch unit operations, shutdown does not include the normal 
periods between batch cycles; and startup does not include the 
recharging of batch unit operations, or the transitional conditions due 
to changes in product.
    (4) [Reserved]
    (5) During startups, shutdowns, and malfunctions when the emission 
standards of this subpart and the subparts referenced by this subpart 
do not apply pursuant to paragraphs (a)(1) through (4) of this section, 
the owner or operator shall implement, to the extent reasonably 
available, measures to prevent or minimize excess emissions. The 
measures to be taken shall be identified in the startup, shutdown, and 
malfunction plan (if applicable), and may include, but are not limited 
to, air pollution control technologies, recovery technologies, work 
practices, pollution prevention, monitoring, and/or changes in the 
manner of operation of the affected source. Back-up control devices are 
not required, but may be used if available. Compliance with an 
inadequate startup, shutdown, and malfunction plan developed pursuant 
to Sec. 63.1111 is not a shield for failing to comply with good 
operation and maintenance requirements.
    (6) Malfunctions shall be corrected as soon as practical after 
their occurrence and/or in accordance with the source's startup, 
shutdown, and malfunction plan developed as specified under 
Sec. 63.1111.
    (7) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable, independent of emissions 
limitations or other requirements in relevant standards.
    (b) Compliance assessment procedures. (1) Parameter monitoring: 
compliance with operating conditions. Compliance with the required 
operating conditions for the monitored control devices or recovery 
devices may be determined by, but is not limited to, the parameter 
monitoring data for emission points that are required to perform 
continuous monitoring. For each excursion except for excused excursions 
(as described in Sec. 63.998(b)(6)), and as provided for in paragraph 
(b)(2) 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 in cases where continuous monitoring is required and the 
excursion does not count toward the number of excused excursions (as 
described in Sec. 63.998(b)(6)), if the conditions of paragraphs 
(b)(2)(i) or (ii) of this section are met. Nothing in this paragraph 
shall be construed to allow or excuse a monitoring parameter excursion 
caused by any activity that violates other applicable provisions of 
this subpart or a subpart referenced by this subpart.
    (i) During periods of startup, shutdown, or malfunction (and the 
source is operated during such periods in accordance with the source's 
startup, shutdown, and malfunction plan as required by Sec. 63.1111), 
or
    (ii) During periods of non-operation of the affected source or 
portion thereof (resulting in cessation of the emissions to which the 
monitoring applies).
    (3) Operation and maintenance procedures. Determination of whether 
acceptable operation and maintenance procedures are being used will be 
based on information available to the Administrator. This information 
may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures (including the startup, shutdown, 
and malfunction plan under Sec. 63.1111), review of operation and 
maintenance records, and inspection of the affected source, and 
alternatives approved as specified in Sec. 63.1113.
    (4) Applicability and compliance assessment procedures. 
Applicability and compliance with standards shall be governed by, in 
part, but not limited to, the use of data, tests, and requirements 
according to paragraphs (b)(4)(i) through (iii) of this section. 
Compliance with design, equipment, work practice, and operating 
standards, including those for equipment leaks, shall be determined 
according to paragraph (b)(5) of this section.
    (i) Applicability assessments. Unless otherwise specified in a 
relevant test method required to assess control applicability, each 
test shall consist of three separate runs using the applicable test 
method. Each run shall be conducted for the time and under the 
conditions specified in this subpart. The arithmetic mean of the 
results of the three runs shall apply when assessing applicability. 
Upon receiving approval from the Administrator, results of a test run 
may be replaced with results of an additional test run if it meets the 
criteria specified in paragraphs (a)(4)(i)(A) through (D) of this 
section.
    (A) A sample is accidentally lost after the testing team leaves the 
site; or
    (B) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (C) Extreme meteorological conditions occur;
    (D) Other circumstances occur that are beyond the owner or 
operator's control.
    (ii) Performance test. The Administrator may determine compliance 
with emission limitations of this subpart based on, but not limited to, 
the results of performance tests conducted according to the procedures 
specified in Sec. 63.997 of this part, unless

[[Page 34942]]

otherwise specified in this subpart or a subpart referenced by this 
subpart.
    (iii) Operation and maintenance requirements. The Administrator may 
determine compliance with the operation and maintenance standards of 
this subpart by, but not limited to, evaluation of an owner or 
operator's conformance with operation and maintenance requirements, 
including the evaluation of monitoring data, as specified in this 
subpart or a subpart referenced by this subpart.
    (5) Design, equipment, work practice, or operational standards. The 
Administrator may determine compliance with design, equipment, work 
practice, or operational requirements by, but is not limited to, review 
of records, inspection of the affected source, and by evaluation of an 
owner or operator's conformance with operation and maintenance 
requirements as specified in this subpart, and in the subparts 
referenced by this subpart.
    (c) Finding of compliance. The Administrator may make a finding 
concerning an affected source's compliance with an emission standard or 
operating and maintenance requirement as specified in, but not limited 
to, paragraphs (a) and (b) of this section, upon obtaining all of the 
compliance information required by the relevant standard (including the 
written reports of performance test results, monitoring results, and 
other information, if applicable) and any information available to the 
Administrator to determine whether proper operation and maintenance 
practices are being used. Standards in this subpart and methods of 
determining compliance are in metric units followed by the equivalents 
in English units. The Administrator will make findings of compliance 
with the numerical standards of this subpart using metric units.
    (d) Compliance time. All terms that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, 
annually), unless specified otherwise in the section or subsection that 
imposes the requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified for completion of 
required tasks, time periods may be changed by mutual agreement between 
the owner or operator and the Administrator, as specified in 
Sec. 63.1110(h). For each time period that is changed by agreement, the 
revised period shall remain in effect until it is changed. A new 
request is not necessary for each recurring period.
    (2) When the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of 
the period, compliance shall be required according to the schedule 
specified in paragraph (d)(2) (i) or (ii) of this section, as 
appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at 
least 2 weeks for tasks that must be performed monthly, at least 1 
month for tasks that must be performed each quarter, or at least 3 
months for tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the 
end of the first full standard calendar period after the period within 
which the initial compliance deadline occurs.
    (3) In all instances where a provision requires completion of a 
task during each of multiple successive periods, an owner or operator 
may perform the required task at any time during the specified period, 
provided the task is conducted at a reasonable interval after 
completion of the task during the previous period.


Sec. 63.1109  Recordkeeping requirements.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or operator of 
each affected source subject to this subpart shall keep copies of 
notifications, reports and records required by this subpart and 
subparts referenced by this subpart for at least 5 years, unless 
otherwise specified under this subpart.
    (b) Copies of reports. If the Administrator has waived the 
requirement of Sec. 63.1110(g)(1) for submittal of copies of reports, 
the owner or operator is not required to maintain copies of the waived 
reports. This paragraph applies only to reports and not the underlying 
records that must be maintained as specified in this subpart and the 
subparts referenced by this subpart.
    (c) Availability of records. All records required to be maintained 
by this subpart or a subpart referenced by this subpart shall be 
maintained in such a manner that they can be accessed within 2 hours 
and are suitable for inspection. The most recent 2 years of records 
shall be retained onsite or shall be accessible to an inspector while 
onsite. The records of the remaining 3 years, where required, may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, computer disk, magnetic tape, or microfiche.
    (d) Control applicability records. Owners or operators shall 
maintain records containing information developed and used to assess 
control applicability under Sec. 63.1103 (e.g., combined total annual 
emissions of regulated organic HAP).


Sec. 63.1110  Reporting requirements.

    (a) Required reports. Each owner or operator of an affected source 
subject to this subpart shall submit the reports listed in paragraphs 
(a)(1) through (8) of this section, as applicable.
    (1) A Notification of Initial Startup described in paragraph (b) of 
this section, as applicable.
    (2) An Initial Notification described in paragraph (c) of this 
section.
    (3) [Reserved]
    (4) A Notification of Compliance Status report described in 
paragraph (d) of this section.
    (5) Periodic Reports described in paragraph (e) of this section.
    (6) Application for approval of construction or reconstruction 
described in Sec. 63.5(d) of subpart A of this part.
    (7) Startup, Shutdown, and Malfunction Reports described in 
Sec. 63.1111 of this subpart.
    (8) Other reports. Other reports shall be submitted as specified 
elsewhere in this subpart and subparts referenced by this subpart.
    (b) Notification of initial startup. (1) Contents. An owner or 
operator of an affected source for which a notice of initial startup 
has not been submitted under Sec. 63.5, shall send the Administrator 
written notification of the actual date of initial startup of an 
affected source. This paragraph does not apply to an affected source in 
existence on the effective date of this rule.
    (2) Due date. The notification of the actual date of initial 
startup shall be postmarked within 15 days after such date.
    (c) Initial Notification. Owners or operators of affected sources 
who are subject to this subpart shall notify the Administrator of the 
applicability of this subpart by submitting an Initial Notification 
according to the schedule described in paragraph (c)(1) of this 
section. The notice shall include the information specified in 
paragraphs (c)(2) through (7) of this section, as applicable. An 
application for approval of construction or reconstruction required 
under Sec. 63.5(d) of subpart A of this part may be used to fulfill the 
initial notification requirements.
    (1) The initial notification shall be postmarked within 1 year 
after the source becomes subject to this subpart.

[[Page 34943]]

    (2) Identification of the storage vessels subject to this subpart.
    (3) Identification of the process vents subject to this subpart.
    (4) Identification of the transfer racks subject to this subpart.
    (5) For equipment leaks, identification of the process units 
subject to this subpart.
    (6) Identification of other equipment or emission points subject to 
this subpart.
    (7) As an alternative to the requirements specified in paragraphs 
(c)(1) through (3) and (c)(5) of this section, process units can be 
identified instead of individual pieces of equipment. For this 
alternative, the kind of emission point in the process unit that will 
comply must also be identified.
    (d) Notification of Compliance Status. (1) Contents. The owner or 
operator shall submit a Notification of Compliance Status for each 
affected source subject to this subpart containing the information 
specified in paragraphs (d)(1)(i) and (d)(1)(ii) of this section.
    (i) The Notification of Compliance Status shall include the 
information specified in this subpart and the subparts referenced by 
this subpart. Alternatively, this information can be submitted as part 
of a title V permit application or amendment.
    (ii) The Notification of Compliance Status shall include a 
statement from the owner or operator identifying which subpart he or 
she has elected to comply with, where given a choice, as provided for 
in Sec. 63.1100(g).
    (2) Due date. The owner or operator shall submit the Notification 
of Compliance Status for each affected source 240 days after the 
compliance date specified for the affected source under this subpart, 
or 60 days after completion of the initial performance test or initial 
compliance assessment, whichever is earlier. Notification of Compliance 
Status reports may be combined for multiple affected sources as long as 
the due date requirements for all sources covered in the combined 
report are met.
    (e) Periodic Reports. The owner or operator of an affected source 
subject to monitoring requirements of this subpart, or to other 
requirements of this subpart or subparts referenced by this subpart, 
where periodic reporting is specified, shall submit a Periodic Report.
    (1) Contents. Periodic Reports shall include all information 
specified in this subpart and subparts referenced by this subpart.
    (2) Due date. The Periodic Report shall be submitted semiannually 
no later than 60 days after the end of each 6-month period. The first 
report shall be submitted as specified in paragraph (e)(2)(i) or (ii), 
as applicable.
    (i) The first report shall be submitted no later than the last day 
of the month that includes the date 8 months (6 months and 60 days) 
after the date the source became subject to this subpart.
    (ii) For affected sources electing to comply with this subpart at 
initial startup, the first report shall cover the 6 months after the 
Notification of Compliance Status report is submitted. The first report 
shall be submitted no later than the last day of the month that 
includes the date 6 months after the Notification of Compliance Status 
report is submitted.
    (3) Overlap with title V reports. Information required by this 
subpart, which is submitted with a title V periodic report, need not 
also be included in a subsequent Periodic Report required by this 
subpart or subpart referenced by this subpart. The title V report shall 
be referenced in the Periodic Report required by this subpart.
    (f) General report content. All reports and notifications submitted 
pursuant to this subpart, including reports that combine information 
required under this subpart and a subpart referenced by this subpart, 
shall include the information specified in paragraphs (f)(1) through 
(4) of this section.
    (1) The name, address and telephone number (fax number may also be 
provided) of the owner or operator.
    (2) The name, address and telephone number of the person to whom 
inquiries should be addressed, if different than the owner or operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each affected source covered in the 
submission and identification of the subparts (this subpart and the 
subparts referenced in this subpart) that are applicable to that 
affected source. Summaries and groupings of this information are 
permitted.
    (g) Report and notification submission. (1) Submission to the 
Environmental Protection Agency. All reports and notifications required 
under this subpart shall be sent to the appropriate EPA Regional Office 
and to the delegated State authority, except that request for 
permission to use an alternative means of emission limitation as 
provided for in Sec. 63.1113 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 submit a 
copy of any reports or notifications at its discretion.
    (2) Submission of copies. If any State requires a notice that 
contains all the information required in a report or notification 
listed in this subpart, an owner or operator may send the appropriate 
EPA Regional Office a copy of the report or notification sent to the 
State to satisfy the requirements of this subpart for that report or 
notification.
    (3) Method of submission. Wherever this subpart specifies 
``postmark'' dates, submittals may be sent by methods other than the 
U.S. Mail (e.g., by fax or courier). Submittals shall be sent on or 
before the specified date.
    (4) Submission by electronic media. If acceptable to both the 
Administrator and the owner or operator of an affected source, reports 
may be submitted on electronic media.
    (h) Adjustment to timing of submittals and review of required 
communications. (1) Alignment with title V submission. An owner or 
operator may submit Periodic Reports required by this subpart on the 
same schedule as the title V periodic report for the facility. The 
owner or operator using this option need not obtain prior approval, but 
must ensure that no reporting gaps occur. The owner or operator shall 
clearly identify the change in reporting schedule in the first report 
filed under this paragraph. The requirements of paragraph (f) of this 
section are not waived when implementing this change.
    (2) Establishment of a common schedule. An owner or operator may 
arrange by mutual agreement (which may be a standing agreement) with 
the Administrator a common schedule on which periodic reports required 
by this subpart shall be submitted throughout the year as long as the 
reporting period is not extended. Procedures governing the 
implementation of this provision are specified in paragraphs (h)(3) 
through (7) of this section.
    (3) Submission requirements. Except as allowed by paragraph (h)(1) 
of this section, until an adjustment of a time period or postmark 
deadline has been approved by the Administrator under paragraphs (h)(5) 
and (6) of this section, the owner or operator of an affected source 
remains strictly subject to the required submittal deadlines specified 
in this subpart and subparts referenced by this subpart.
    (4) Request for adjustment of reporting schedule. Except as allowed 
by paragraph (h)(1) of this section, an owner or operator shall request 
the adjustment provided for in paragraphs (h)(5) and (6) of this 
section each time he or she wishes to change an applicable time period 
or postmark

[[Page 34944]]

deadline specified in this subpart or subparts referenced by this 
subpart. A request for a change to the periodic reporting schedule need 
only be made once for every schedule change and not once for every 
semiannual report submitted.
    (5) Alteration of time periods or deadlines. Notwithstanding time 
periods or postmark deadlines specified in this subpart for the 
submittal of information to the Administrator by an owner or operator, 
or the review of such information by the Administrator, such time 
periods or deadlines may be changed by mutual agreement between the 
owner or operator and the Administrator. An owner or operator who 
wishes to request a change in a time period or postmark deadline for a 
particular requirement shall request the adjustment in writing as soon 
as practical before the subject activity is required to take place. The 
owner or operator shall include in the request whatever information he 
or she considers useful to convince the Administrator that an 
adjustment is warranted.
    (6) Approval of request for adjustment. If, in the Administrator's 
judgment, an owner or operator's request for an adjustment to a 
particular time period or postmark deadline is warranted, the 
Administrator will approve the adjustment. The Administrator will 
notify the owner or operator in writing of approval or disapproval of 
the request for an adjustment within 15 calendar days of receiving 
sufficient information to evaluate the request.
    (7) Notification of delay. If the Administrator is unable to meet a 
specified deadline, he or she will notify the owner or operator of any 
significant delay and inform the owner or operator of the amended 
schedule.


Sec. 63.1111  Startup, shutdown, and malfunction.

    (a) Startup, shutdown, and malfunction plan. (1) Description and 
purpose of plan. The owner or operator of an affected source shall 
develop and implement a written startup, shutdown, and malfunction plan 
that describes, in detail, procedures for operating and maintaining the 
affected source during periods of startup, shutdown, and malfunction. 
This plan shall also include a program of corrective action for 
malfunctioning process and air pollution control equipment used to 
comply with relevant standards under this subpart. The plan shall also 
address routine or otherwise predictable CPMS malfunctions. This plan 
shall be developed by the owner or operator by the affected source's 
compliance date under this subpart. The requirement to develop and 
implement this plan shall be incorporated into the source's title V 
permit. This requirement is optional for equipment that must comply 
with subparts TT or UU under this subpart. It is not optional for 
equipment equipped with a closed vent system and control device subject 
to this subpart and subpart SS of this part. The purpose of the 
startup, shutdown, and malfunction plan is described in paragraphs 
(a)(1)(i) and (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 organic HAP; and
    (ii) To reduce the reporting burden associated with periods of 
startup, shutdown, and malfunction (including corrective action taken 
to restore malfunctioning process and air pollution control equipment 
to its normal or usual manner of operation).
    (2) Operation of source. During periods of startup, shutdown, and 
malfunction, the owner or operator of an affected source subject to 
this subpart shall operate and maintain such affected source (including 
associated air pollution control equipment and CPMS) in accordance with 
the procedures specified in the startup, shutdown, and malfunction plan 
developed under paragraph (a)(1) of this section.
    (3) Use of additional procedures. To satisfy the requirements of 
this section to develop a startup, shutdown, and malfunction plan, the 
owner or operator of an affected source may use the affected source's 
standard operating procedures (SOP) manual, or an Occupational Safety 
and Health Administration (OSHA) or other plan, provided the 
alternative plans meet all the requirements of this section and are 
made available for inspection when requested by the Administrator.
    (4) Revisions to the plan. Based on the results of a determination 
made under Sec. 63.1108(b)(3), the Administrator may require that an 
owner or operator of an affected source make changes to the startup, 
shutdown, and malfunction plan for that source. The Administrator may 
require reasonable revisions to a startup, shutdown, and malfunction 
plan if the Administrator finds that the plan is inadequate as 
specified in paragraphs (a)(4)(i) through (iv) of this section:
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the affected source 
that has occurred; or
    (ii) Fails to provide for the operation of the affected source 
(including associated air pollution control equipment and CPMS) during 
a startup, shutdown, and malfunction event in a manner consistent with 
good air pollution control practices for minimizing emissions to the 
extent practical; or
    (iii) Does not provide adequate procedures for correcting 
malfunctioning process and air pollution control equipment as quickly 
as practicable; or
    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical as specified in 
Sec. 63.1108(a)(5).
    (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 affected source during similar malfunction events and a 
program of corrective action for similar malfunctions of process or air 
pollution control equipment or CPMS.
    (b) Startup, shutdown, and malfunction reporting requirements. (1) 
Periodic startup, shutdown, and malfunction reporting requirements. If 
actions taken by an owner or operator during a startup, shutdown, and 
malfunction of an affected source, or of a control device or monitoring 
system required for compliance (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
affected source's plan, then the owner or operator shall state such 
information in a startup, shutdown, and malfunction report. During the 
reporting period, reports shall only be required for startups, 
shutdowns, and malfunctions during which excess emissions, as defined 
in Sec. 63.1108(a)(5), occur during the reporting period. A startup, 
shutdown, and malfunction report can be submitted as part of a Periodic 
Report required under Sec. 63.1110(a)(5), or on a more frequent basis 
if specified otherwise under this subpart or a subpart referenced by 
this subpart or as established otherwise by the permitting authority in 
the affected 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

[[Page 34945]]

calendar reporting period, as appropriate), unless the information is 
submitted with the Periodic Report. The report shall include the 
information specified in paragraphs (b)(1)(i) through (b)(1)(iv) of 
this section.
    (i) The name, title, and signature of the owner or operator or 
other responsible official certifying its accuracy.
    (ii) The number of startup, shutdown, and malfunction events and 
the total duration of all periods of startup, shutdown, and malfunction 
for the reporting period if the total duration amounts to either of the 
durations in paragraphs (b)(1)(ii)(A) or (B) of this section. Records 
of the number of CPMS startup, shutdown, and malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period are required under Sec. 63.998(c)(1)(ii)(C) and 
(D) of this section.
    (A) Total duration of periods of malfunctioning of a CPMS equal to 
or greater than 5 percent of that CPMS operating time for the reporting 
period; or
    (B) Total duration of periods of startup, shutdown, and malfunction 
for an affected source equal to or greater than 1 percent of that 
affected source's operating time for the reporting period.
    (iii) Records documenting each startup, shutdown and malfunction 
event as required under Sec. 63.998(c)(1)(ii)(F).
    (iv) Records documenting the total duration of operating time as 
required under Sec. 63.998(c)(1)(ii)(H).
    (2) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
startup, shutdown, and malfunction reports under paragraph (b)(1) of 
this section, any time an action taken by an owner or operator during a 
startup, shutdown, or malfunction (including actions taken to correct a 
malfunction) during which excess emissions occur is not consistent with 
the procedures specified in the affected source's plan, the owner or 
operator shall report the actions taken for that event within 2 working 
days after commencing actions inconsistent with the plan, followed by a 
letter delivered or postmarked within 7 working days after the end of 
the event. The immediate report required under this paragraph shall 
contain the name, title, and signature of the owner or operator or 
other responsible official who is certifying its accuracy, explaining 
the circumstances of the event, the reasons for not following the 
startup, shutdown, and malfunction plan, and whether any excess 
emissions and/or parameter monitoring exceedances are believed to have 
occurred. Notwithstanding the requirements of the previous sentence, 
after the effective date of an approved permit program in the State in 
which an affected source is located, the owner or operator may make 
alternative reporting arrangements, in advance, with the permitting 
authority in that State. Procedures governing the arrangement of 
alternative reporting requirements under this paragraph are specified 
in Sec. 63.1110(h).
    (3) [Reserved]


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

    (a) Extension of compliance. (1) Extension of compliance with 
emission standards. Until an extension of compliance has been granted 
by the Administrator under this paragraph, the owner or operator of an 
affected source subject to the requirements of this subpart shall 
comply with all applicable requirements of this subpart.
    (2) Extension of compliance for early reductions and other 
reductions. (i) Early reductions. Pursuant to section 112(i)(5) of the 
Act, if the owner or operator of an existing source demonstrates that 
the source has achieved a reduction in emissions of hazardous air 
pollutants in accordance with the provisions of subpart D of this part, 
the Administrator will grant the owner or operator an extension of 
compliance with specific requirements of this part, as specified in 
subpart D of this part.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if 
the owner or operator of an existing source has installed best 
available control technology (BACT) (as defined in section 169(3) of 
the Act) or technology required to meet a lowest achievable emission 
rate (LAER) (as defined in section 171 of the Act) prior to the 
promulgation of an emission standard in this part applicable to such 
source and the same pollutant (or stream of pollutants) controlled 
pursuant to the BACT or LAER installation, the Administrator will grant 
the owner or operator an extension of compliance with such emission 
standard that will apply until the date 5 years after the date on which 
such installation was achieved, as determined by the Administrator.
    (3) Request for extension of compliance. Paragraphs (a)(4) through 
(7) of this section concern requests for an extension of compliance 
with a relevant standard under this part (except requests for an 
extension of compliance under paragraph (a)(2)(i) of this section will 
be handled through procedures specified in subpart D of this part).
    (4) Requests for extensions of compliance for section 112 
standards. (i) Section 112(d) standards. (A) The owner or operator of 
an existing source who is unable to comply with a relevant standard 
established under this part pursuant to section 112(d) of the Act may 
request that the Administrator grant an extension allowing the source 
up to 1 additional year to comply with the standard, if such additional 
period is necessary for the installation of controls. The owner or 
operator of an affected source who has requested an extension of 
compliance under this paragraph and who is otherwise required to obtain 
a title V permit shall apply for such permit or apply to have the 
source's title V permit revised to incorporate the conditions of the 
extension of compliance. The conditions of an extension of compliance 
granted under this paragraph will be incorporated into the affected 
source's title V permit according to the provisions of part 70 or 
Federal title V regulations in this chapter (42 U.S.C. 7661), whichever 
are applicable.
    (B) Any request under this paragraph for an extension of compliance 
with a relevant standard shall be submitted in writing to the 
appropriate authority not later than 12 months before the affected 
source's compliance date (as specified in Sec. 63.1102) for sources 
that are not including emission points in an emissions average, or not 
later than 18 months before the affected source's compliance date (as 
specified in Sec. 63.1102) for sources that are including emission 
points in an emissions average. Emission standards established under 
this part may specify alternative dates for the submittal of requests 
for an extension of compliance if alternatives are appropriate for the 
source categories affected by those standards, e.g., a compliance date 
specified by the standard is less than 12 (or 18) months after the 
standard's effective date.
    (ii) Section 112(f) standards. The owner or operator of an existing 
source unable to comply with a relevant standard established under this 
part pursuant to section 112(f) of the Act may request that the 
Administrator grant an extension allowing the source up to 2 years 
after the standard's effective date to comply with the standard. The 
Administrator may grant such an extension if he/she finds that such 
additional period is necessary for the installation of controls and 
that steps will be taken during the period of

[[Page 34946]]

the extension to assure that the health of persons will be protected 
from imminent endangerment. Any request for an extension of compliance 
with a relevant standard under this paragraph shall be submitted in 
writing to the Administrator not later than 15 days after the effective 
date of the relevant standard.
    (5) Requests for extensions of compliance for BACT or LAER. The 
owner or operator of an existing source who has installed BACT or 
technology required to meet LAER (as specified in paragraph (a)(2)(ii) 
of this section) prior to the promulgation of a relevant emission 
standard in this part may request that the Administrator grant an 
extension allowing the source 5 years from the date on which such 
installation was achieved, as determined by the Administrator, to 
comply with the standard. Any request for an extension of compliance 
with a relevant standard under this paragraph shall be submitted in 
writing to the Administrator not later than 120 days after the 
promulgation date of the standard. The Administrator may grant such an 
extension if he or she finds that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (6) Contents of request. (i) The request for a compliance extension 
under paragraph (a)(4) of this section shall include the following 
information:
    (A) A description of the controls to be installed to comply with 
the standard;
    (B) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates 
shall include:
    (1) The date by which contracts for emission control systems or 
process changes for emission control will be awarded, or the date by 
which orders will be issued for the purchase of component parts to 
accomplish emission control or process changes;
    (2) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be initiated;
    (3) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved.
    (C) A description of interim emission control steps, that will be 
taken during the extension period, including milestones to assure 
proper operation and maintenance of emission control and process 
equipment; and
    (D) Whether the owner or operator is also requesting an extension 
of other applicable requirements (e.g., performance testing 
requirements).
    (ii) The request for a compliance extension under paragraph (a)(5) 
of this section shall include all information needed to demonstrate to 
the Administrator's satisfaction that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (7) Additional advice. Advice on requesting an extension of 
compliance may be obtained from the Administrator.
    (8) Approval of request for extension of compliance. Paragraphs 
(a)(9) through (14) of this section concern approval of an extension of 
compliance requested under paragraphs (a)(4) through (6) of this 
section.
    (9) General. Based on the information provided in any request made 
under paragraphs (a)(4) through (6) of this section, or other 
information, the Administrator may grant an extension of compliance 
with an emission standard, as specified in paragraphs (a)(4) and (5) of 
this section.
    (10) Contents of extension. The extension will be in writing and 
will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (iv) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (a)(4) of this section, specify any 
additional conditions that the Administrator deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (a)(5)of this section, specify any additional 
conditions that the Administrator deems necessary to assure the proper 
operation and maintenance of the installed controls during the 
extension period.
    (11) Progress reports. The owner or operator of an existing source 
that has been granted an extension of compliance under paragraph 
(a)(10) of this section may be required to submit to the Administrator 
progress reports indicating whether the steps toward compliance 
outlined in the compliance schedule have been reached. The contents of 
the progress reports and the dates by which they shall be submitted 
will be specified in the written extension of compliance granted under 
paragraph (a)(9) of this section.
    (12) Notifications to owners and operators regarding compliance 
extensions for section 112(d) standards. (i) The Administrator will 
notify the owner or operator in writing of approval or intention to 
deny approval of a request for an extension of compliance within 30 
days after receipt of sufficient information to evaluate a request 
submitted under paragraph (a)(4)(i) or (a)(5) of this section. The 30-
day approval or denial period will begin after the owner or operator 
has been notified in writing that his/her application is complete. The 
Administrator will notify the owner or operator in writing of the 
status of his/her application, that is, whether the application 
contains sufficient information to make a determination, within 30 days 
after receipt of the original application and within 30 days after 
receipt of any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 days after he/she is 
notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, 
the Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 days after he/she is notified of the intended 
denial, additional information or arguments to the Administrator before 
further action on the request.
    (iv) The Administrator's final determination to deny any request 
for an extension will be in writing and will set forth the specific 
grounds on which the denial is based. The final determination will be 
made within 30 days after presentation of additional information or 
argument (if the application is complete), or within 30 days after the 
final date specified for the presentation if no presentation is made.
    (13) Notifications to owners and operators regarding compliance 
extensions for section 112(f) standards. (i) The Administrator will 
notify the owner or operator in writing of approval

[[Page 34947]]

or intention to deny approval of a request for an extension of 
compliance within 30 days after receipt of sufficient information to 
evaluate a request submitted under paragraph (a)(4)(ii) of this 
section. The 30-day approval or denial period will begin after the 
owner or operator has been notified in writing that his/her application 
is complete. The Administrator will notify the owner or operator in 
writing of the status of his/her application, that is, whether the 
application contains sufficient information to make a determination, 
within 15 days after receipt of the original application and within 15 
days after receipt of any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 15 days after he/she is 
notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, 
the Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 days after he/she is notified of the intended 
denial, additional information or arguments to the Administrator before 
further action on the request.
    (iv) A final determination to deny any request for an extension 
will be in writing and will set forth the specific grounds on which the 
denial is based. The final determination will be made within 30 days 
after presentation of additional information or argument (if the 
application is complete), or within 30 days after the final date 
specified for the presentation if no presentation is made.
    (14) Termination of extension. The Administrator may terminate an 
extension of compliance at an earlier date than specified if any 
specification under paragraphs (a)(10)(iii) or (iv) of this section is 
not met.
    (15) [Reserved]
    (16) Administrator's authority. The granting of an extension under 
this section shall not abrogate the Administrator's authority under 
section 114 of the Act.
    (b) Waiver of performance tests. (1) Applicability of this section. 
Until a waiver of a performance testing requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section.
    (2) General. Individual performance tests may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the source is meeting the relevant standard(s) on a 
continuous basis, or the source is being operated under an extension of 
compliance, or the owner or operator has requested an extension of 
compliance and the Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made 
for an extension of compliance under paragraph (a) of this section, the 
application for a waiver of an initial performance test shall accompany 
the information required for the request for an extension of 
compliance. If no extension of compliance is requested or if the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request, the application for a 
waiver of an initial performance test shall be submitted at least 60 
days before the performance test if a site-specific test plan is not 
submitted.
    (ii) If an application for a waiver of a subsequent performance 
test is made, the application may accompany any required compliance 
progress report, compliance status report, or excess emissions and 
continuous monitoring system performance report, but it shall be 
submitted at least 60 days before the performance test if a site-
specific test plan is not submitted.
    (iii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The 
Administrator will approve or deny a request for a waiver of a 
performance test made under paragraph (b)(3) of this section when he/
she--
    (i) Approves or denies an extension of compliance under paragraph 
(a) of this section; or
    (ii) Approves or disapproves a site-specific test plan; or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) Administrator's authority. Approval of any waiver granted under 
this section shall not abrogate the Administrator's authority under the 
Act or in any way prohibit the Administrator from later canceling the 
waiver. The cancellation will be made only after notice is given to the 
owner or operator of the affected source.
    (c) Use of an alternative monitoring method. (1) General. Until 
permission to use an alternative monitoring method has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section and 
the relevant standard.
    (2) Alternatives to monitoring methods. After receipt and 
consideration of written application, the Administrator may approve 
alternatives to any monitoring methods or procedures of this part 
including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate 
measurements due to liquid water or other interferences caused by 
substances within the effluent gases;
    (ii) Alternative monitoring requirements when the affected source 
is infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and 
Materials (ASTM) test methods or sampling procedures specified by any 
relevant standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the

[[Page 34948]]

requirements as specified in the relevant standard. The Administrator 
may require that such demonstration be performed for each affected 
source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) Conflicts between alternative and required methods. If the 
Administrator finds reasonable grounds to dispute the results obtained 
by an alternative monitoring method, requirement, or procedure, the 
Administrator may require the use of a method, requirement, or 
procedure specified in this section or in the relevant standard. If the 
results of the specified and alternative method, requirement, or 
procedure do not agree, the results obtained by the specified method, 
requirement, or procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or 
operator who wishes to use an alternative monitoring method shall 
submit an application to the Administrator as described in paragraph 
(c)(4)(ii) of this section. The application may be submitted at any 
time provided that the monitoring method is not used to demonstrate 
compliance with a relevant standard or other requirement. If the 
alternative monitoring method is to be used to demonstrate compliance 
with a relevant standard, the application shall be submitted not later 
than with the site-specific test plan required, or with the site-
specific performance evaluation plan (if requested), or at least 60 
days before the performance evaluation is scheduled to begin.
    (ii) The application shall contain a description of the proposed 
alternative monitoring system and a performance evaluation test plan, 
if required. In addition, the application shall include information 
justifying the owner or operator's request for an alternative 
monitoring method, such as the technical or economic infeasibility, or 
the impracticality, of the affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (c)(4)(i) of this section to ensure a timely review by the 
Administrator in order to meet the compliance demonstration date 
specified in this section or the relevant standard.
    (5) Approval of request to use alternative monitoring method. (i) 
The Administrator will notify the owner or operator of approval or 
intention to deny approval of the request to use an alternative 
monitoring method within 30 days after receipt of the original request 
and within 30 days after receipt of any supplementary information that 
is submitted. Before disapproving any request to use an alternative 
monitoring method, the Administrator will notify the applicant of the 
Administrator's intention to disapprove the request together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) The Administrator may establish general procedures and 
criteria in a relevant standard to accomplish the requirements of 
paragraph (c)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (c)(5)(i) of 
this section, the owner or operator of such source shall continue to 
use the alternative monitoring method until he or she receives approval 
from the Administrator to use another monitoring method as allowed by 
this subpart or a subpart referenced by this subpart.
    (6) Alternative to the relative accuracy test. An alternative to 
the relative accuracy test for CEMS specified in a relevant standard 
may be requested as follows:
    (i) Criteria for approval of alternative procedures. An alternative 
to the test method for determining relative accuracy is available for 
affected sources with emission rates demonstrated to be less than 50 
percent of the relevant standard. The owner or operator of an affected 
source may petition the Administrator under paragraph (c)(6)(ii) of 
this section to substitute the relative accuracy test in section 7 of 
Performance Specification 2 with the procedures in section 10 if the 
results of a performance test conducted according to the requirements 
specified in this subpart or subpart referenced by this subpart 
demonstrate that the emission rate of the pollutant of interest in the 
units of the relevant standard is less than 50 percent of the relevant 
standard. For affected sources subject to emission limitations 
expressed as control efficiency levels, the owner or operator may 
petition the Administrator to substitute the relative accuracy test 
with the procedures in section 10 of Performance Specification 2 if the 
control device exhaust emission rate is less than 50 percent of the 
level needed to meet the control efficiency requirement. The 
alternative procedures do not apply if the CEMS is used continuously to 
determine compliance with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The 
petition to use an alternative to the relative accuracy test shall 
include a detailed description of the procedures to be applied, the 
location and the procedure for conducting the alternative, the 
concentration or response levels of the alternative relative accuracy 
materials, and the other equipment checks included in the alternative 
procedure(s). The Administrator will review the petition for 
completeness and applicability. The Administrator's determination to 
approve an alternative will depend on the intended use of the CEMS data 
and may require specifications more stringent than in Performance 
Specification 2.
    (iii) Rescission of approval to use alternative to relative 
accuracy test. The Administrator will review the permission to use an 
alternative to the CEMS relative accuracy test and may rescind such 
permission if the CEMS data from a successful completion of the 
alternative relative accuracy procedure indicate that the affected 
source's emissions are approaching the level of the relevant standard. 
The criterion for reviewing the permission is that the collection of 
CEMS data shows that emissions have exceeded 70 percent of the relevant 
standard for any averaging period, as specified in the relevant 
standard. For affected sources subject to emission limitations 
expressed as control efficiency levels, the criterion for reviewing the 
permission is that the collection of CEMS data shows that exhaust 
emissions have exceeded 70 percent of the level needed to meet the 
control efficiency requirement for any averaging period, as specified 
in the relevant standard. The owner or operator of the affected source 
shall maintain records and determine the level of emissions relative to 
the criterion for permission to use an alternative for relative 
accuracy testing. If this criterion is exceeded, the owner or operator 
shall notify the Administrator within 10 days of such occurrence and 
include a description of the nature and cause of the increased 
emissions. The Administrator will review the notification and may 
rescind permission to use an alternative and require the owner or 
operator to conduct

[[Page 34949]]

a relative accuracy test of the CEMS as specified in section 7 of 
Performance Specification 2.
    (d) Waiver of recordkeeping or reporting requirements. (1) Until a 
waiver of a recordkeeping or reporting requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the recordkeeping and reporting 
requirements of this subpart and any subparts referenced by this 
subpart.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under paragraph (a) of this section, any required compliance 
progress report or compliance status report required under this part or 
in the source's title V permit, or an excess emissions and continuous 
monitoring system performance report required under Sec. 63.999(c) or 
another subpart referenced by this subpart, whichever is applicable. 
The application shall include whatever information the owner or 
operator considers useful to convince the Administrator that a waiver 
of recordkeeping or reporting is warranted.
    (4) The Administrator will approve or deny a request for a waiver 
of recordkeeping or reporting requirements under this paragraph when 
he/she--
    (i) Approves or denies an extension of compliance under paragraph 
(a) of this section; or
    (ii) Makes a determination of compliance following the submission 
of a required Notification of Compliance Status report or excess 
emissions and continuous monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.


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

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

[FR Doc. 99-13164 Filed 6-28-99; 8:45 am]
BILLING CODE 6560-50-P