[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Rules and Regulations]
[Pages 78268-78356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25044]



[[Page 78267]]

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Part II





Environmental Protection Agency





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40 CFR Parts 60, 61, 63, and 65



Consolidated Federal Air Rule; Synthetic Organic Chemical Manufacturing 
Industry; Final Rule

  Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / 
Rules and Regulations  

[[Page 78268]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, 63, and 65

[AD-FRL-6876-9]
RIN 2060-AG28


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates a consolidated Federal air rule for 
the Synthetic Organic Chemical Manufacturing Industry (SOCMI). In this 
final rule, we (EPA) consolidate major portions of several new source 
performance standards (NSPS) and national emission standards for 
hazardous air pollutants (NESHAP) applicable to storage vessels, 
process vents, transfer operations, and equipment leaks within the 
SOCMI. The final rule pulls together applicable Federal SOCMI rules 
into one integrated set of rules in order to simplify, clarify, and 
improve implementation of the existing rules with which source owners 
or operators must comply. The consolidated rule is an optional 
compliance alternative for SOCMI sources; sources may simply continue 
to comply with existing applicable rules or choose to comply with the 
final consolidated rule. The effects of this consolidation are to 
improve understandability, reduce burden, clarify requirements, and 
improve implementation and compliance. This document also announces the 
effective date of information collection requirements in a subpart in 
the Code of Federal Regulations relating to standards of performance 
for volatile organic compound emissions from the synthetic organic 
chemical manufacturing industry reactor processes which was originally 
published in the Federal Register on August 31, 1993.

DATES: This final rule is effective December 14, 2000. The 
incorporation by reference of certain publications in the rule is 
approved by the Director of the Federal Register as of December 14, 
2000. The information collection requirements in 40 CFR part 60, 
subpart RRR, became effective November 8, 1993 when the Office of 
Management and Budget approved them.

ADDRESSES: Docket number A-96-01 contains information we considered in 
developing these standards and is available for public inspection 
between 8:00 a.m. and 5:30 p.m., Monday through Friday except for 
Federal holidays at EPA's Air and Radiation Docket and Information 
Center (6102), 401 M Street SW, Washington, DC 20460, or by calling 
(202) 260-7548. The docket is located at the above address in Room M-
1500, Waterside Mall (ground floor). The fax number for the Center is 
(202) 260-4000 and the E-mail address is ``[email protected].'' A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Research 
Triangle Park, NC 27711, telephone number (919) 541-5262, fax number 
(919) 541-0942, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This preamble provides background 
information, summarizes major changes to the CAR since proposal, and 
discusses how we have met the administrative requirements for this 
final rule. This preamble does not contain extensive background 
information in the rule's development or how this rule relates to other 
rules. The preamble to the proposed CAR (63 FR 57798, October 28, 1998) 
contains extensive background information, which includes these 
discussions: goals and objectives, participation, amendments to the 
referencing subparts, significant decisions in rule consolidation, 
delegation of the CAR to State authorities, incorporating CAR 
requirements into the title V permit, extension of the consolidation to 
include the State implementation plan, summary of benefits and other 
impacts, and additional amendments to equipment leak referencing 
subparts.
    Judicial Review. Under section 307(d)(1) of the Clean Air Act 
(Act), judicial review of this final rule is available only by filing a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia by February 12, 2001. Under section 307(d)(7)(B) of the Act, 
only an objection to this rule that 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 to enforce these 
requirements.
    Background Information 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-96-01, 
or through the World Wide Web at http://www.epa.gov/ttn/oarpg/ or from 
the U.S. Environmental Protection Agency Library (MD-35), Research 
Triangle Park, North Carolina 27711, telephone (919) 541-2777. Please 
refer to ``Consolidated Federal Air Rule for Synthetic Organic Chemical 
Manufacturing Industry; Background Information for Promulgated 
Standards,'' EPA-453/R-99-006.
    World Wide Web Information. The EPA provides information and 
technology exchange in various areas of air pollution control on the 
World Wide Web (WWW). An electronic copy of today's document that 
includes the regulatory text is available through the WWW at http://www.epa.gov/ttn/oarpg/, under recent actions. For WWW help information, call EPA's Web 
help line at (919) 541-5384.
    Regulated Entities. The regulated category and entities potentially 
affected by this action include the following North American Industrial 
Classification System (NAICS) and Standard Industrial Classification 
(SIC) codes.

------------------------------------------------------------------------
                                                 Examples of regulated
      Category          NAICS         SIC               entities
------------------------------------------------------------------------
Industry...........         3251         2865  Synthetic organic
                                         2869   chemical manufacturing
                                                industry units. For
                                                example, producers of
                                                benzene, toluene, or any
                                                other chemical listed in
                                                table 1 of 40 CFR part
                                                63, subpart F, and any
                                                other chemical
                                                manufacturing process
                                                unit identified in an
                                                applicable subpart that
                                                references the use of
                                                this part.
                                               Producers of
                                                polypropylene,
                                                polyethylene,
                                                polystyrene, or poly
                                                (ethylene
                                                terephthalate).
                                                Producers of vinyl
                                                chloride and polyvinyl
                                                chloride. Volatile
                                                organic compound storage
                                                vessels. Benzene storage
                                                vessels. Benzene
                                                transfer operations.
                                                Equipment (valves,
                                                pumps, connectors, etc.)
                                                in benzene service.

[[Page 78269]]

 
Industry...........        32411         2911  Petroleum Refineries.
                                                Volatile organic
                                                compound storage
                                                vessels.
                                               Benzene storage vessels.
                                               Benzene transfer
                                                operations.
                                               Equipment (values, pumps,
                                                connectors, etc.) in
                                                benzene service.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather to provide 
a guide for readers regarding entities likely to elect to comply with 
this rule. This table lists the types of entities that we are now aware 
could potentially qualify to elect to comply with this rule. To 
determine whether your facility qualifies to implement this action, you 
should carefully examine the applicability criteria in 40 CFR part 60, 
subparts Ka, Kb, VV, DDD, III, NNN, and RRR; 40 CFR part 61, subparts 
V, Y, and BB; and 40 CFR part 63, subparts G and H. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.
    The following outline is provided to aid in locating information in 
this preamble.

I. Background Information
II. Summary of Comments and Changes Since Proposal
    A. How has EPA changed the definition of the SOCMI CAR unit?
    B. Has EPA changed the scope of the CAR since proposal?
    C. How has EPA changed the connector monitoring requirements?
    D. What changes were made to the process of implementing the 
CAR?
III. Other Changes Since Proposal
IV. Has EPA Changed Its Approach for Delegating the CAR to State 
Authorities?
V. Has EPA changed its approach for incorporating CAR requirements 
into the title V permit?
VI. Administrative Requirements
    A. Paperwork Reduction Act
    B. Executive Order 12866: Regulatory Planning and Review
    C. Executive Order 13132: Federalism
    D. Executive Order 13084: Consultation and Coordination With 
Indian Tribal Governments
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility
    G. National Technology Transfer and Advancement Act
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Congressional Review Act

I. Background Information

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

II. Summary of Comments and Changes Since Proposal

    We received 16 comment letters on the proposed CAR. The most 
significant changes made as a result of the comments regarded the SOCMI 
CAR unit, the scope of the rule, and connector monitoring. We address 
only the major comments and changes in this preamble. We also made a 
number of editorial changes and clarifications to make the CAR easier 
to read and understand. The summary of public comments and our 
responses are contained in the ``Consolidated Federal Air Rule for 
Synthetic Organic Chemical Manufacturing Industry: Background 
Information for Promulgated Standards,'' EPA 453/R-99-006, May 2000, 
Docket No. A-96-01.

A. How Has EPA Changed the Definition of the SOCMI CAR Unit?

    We have eliminated the concept of a SOCMI CAR unit (SCU), as 
proposed, from the final rule. Commenters noted points of confusion in 
the assignment procedures and in the definition of the SCU. One 
commenter was specifically concerned that the complexity of the 
applicability procedures may prohibit implementation at the State and 
local levels. Commenters made suggestions to improve the clarity of 
these provisions including a suggestion that the CAR provide examples 
showing how SCU boundaries are determined; a rephrasing of the SCU 
definition; and a request that the CAR include a provision that would 
allow groups of like equipment, subject to one of the referencing 
subparts, to implement the CAR even though other portions of the SCU 
continue to comply with the applicable referencing subpart.
    Because this is a pilot program for the SOCMI, at proposal we 
limited the equipment that could opt into the CAR to plant sites with 
SOCMI process units. Therefore, the proposed definition of SCU 
contained specifications for what constituted a SOCMI process unit. The 
proposed CAR (63 FR 57753) specified that facilities opting into the 
CAR must do so on a SCU basis because we thought this would reduce 
potential complexity of implementing the CAR. During development of the 
proposed CAR, State representatives expressed a desire to allow larger 
portions of sources to opt in as opposed to a more

[[Page 78270]]

piecemeal approach, indicating that it would be easier for them to 
enforce the rule. Industry representatives generally preferred to allow 
any regulated source (a source or facility subject to a referencing 
subpart) to opt into the CAR. We felt that opting into the CAR on an 
SCU basis would provide a small enough collection of emission points 
and equipment to provide operational flexibility to the facility, but a 
large enough collection to avoid possible confusion and additional 
burden for regulatory authorities.
    After reviewing the comments regarding the SCU and assignment 
procedures, we have concluded that eliminating the confusion and 
complexity added by the assignment procedures outweighs the reduction 
in burden and complexity to State inspectors by requiring facilities to 
opt in on a SCU (large collection of equipment) basis. Keeping track of 
which equipment is in or out of a SCU and which SCU is complying with 
the CAR appears to be more burdensome than keeping track of which 
emission point is complying with what rule.
    Therefore, to simplify the applicability provisions of the CAR, we 
are allowing, in the final CAR, any affected source subject to a 
referencing subpart to use the CAR as a compliance option with two 
exceptions described below. This means that a facility may choose to 
opt in, for example, one subpart Kb tank or all equipment at the 
facility that is subject to a referencing subpart. For both regulator 
and industry personnel, this eliminates the assignment procedures that 
determine what equipment constitutes a SCU. With this change, it is not 
necessary to keep track of new regulated sources and whether they are 
part of a SCU or not.
    There are two situations where the regulated source in the CAR does 
not match the affected source of the referencing subpart. In one 
situation, the affected source for 40 CFR part 61, subpart V is an 
individual piece of equipment like a pump or a valve. We determined 
that allowing owners or operators to opt in to the CAR on an individual 
piece of equipment would not be workable. Therefore, owners or 
operators must opt in the group of affected equipment at a process 
unit. This does not alter the applicability of subpart V to a facility; 
it only affects the set of equipment that can comply with the CAR.
    The second situation where the regulated source in the CAR does not 
match the affected source of the referencing subpart is in the HON. 
Under the HON, the affected source is the total of all applicable 
emission points at the plant site that are subject to the HON. Thus, a 
HON facility that contains more than one CMPU, would consist of only 
one affected source, which would be the collection of all subject 
CMPU's. However, under the CAR the regulated source is collection of 
emission points within each CMPU (as proposed under the original 
concept in the CAR of the SCU). Thus, a HON facility can choose to opt 
into the CAR on a CMPU basis, and not the entire collection of CMPU's 
that comprise the HON affected source.
    Although we believe that in most cases facilities will opt in as 
much equipment and as many emission points as possible, the States and 
owners or operators have the opportunity to work together to determine 
the basis on which facilities can opt in their equipment that will 
provide the ``best fit'' for both regulators and industry.

B. Has EPA Changed the Scope of the CAR Since Proposal?

    We have not changed the scope of the CAR since proposal except for 
one minor change that affects polystyrene process vents. We received 
comments on incorporating or allowing other rules in the CAR, including 
the following requests: Consolidate all rules that may apply to a 
facility that has a SOCMI process unit on site, use the CAR as a 
compliance option for new regulations, and allow rules that reference 
the referencing subparts to use the CAR as a compliance option. These 
comments and our rationale for not changing the scope of the CAR are 
discussed in the following sections.
1. Incorporating or Allowing Other Rules in the CAR
    Comments: Several commenters supported expanding the scope of the 
CAR so that it completely incorporates rules that may apply to 
facilities that have a SOCMI process unit on site. Commenters 
specifically mentioned the HON wastewater provisions (40 CFR part 63, 
subpart G); the Benzene Waste NESHAP provisions (40 CFR part 61, 
subpart FF); and the SOCMI wastewater NSPS (40 CFR part 60, subpart 
YYY). Some commenters requested that sources subject to the Petroleum 
Refinery NESHAP, 40 CFR part 63, subpart CC, be allowed to use the CAR 
to comply with subpart CC. Two commenters also referred to the 
following 40 CFR part 63 subparts as rules that should allow the CAR as 
a compliance option: I, U, W, DD, TT, OO, UU, WW, and JJJ. One 
commenter requested consolidation of several other provisions affecting 
SOCMI including the Hazardous Organic NESHAP (HON) Group 2 transfer 
racks and storage vessels; emission points not requiring control under 
the non-HON referencing subparts; marine loading under 40 CFR part 61, 
subpart BB; and equipment leak provisions under subpart BB of both 40 
CFR parts 264 and 265. One commenter encouraged us to define CAR 
requirements as acceptable for requirements in non-consolidated rules 
that are likely to overlap with the CAR at SOCMI sites.
    Commenters argued that without including additional regulations in 
the consolidation, issues of overlapping requirements remain, and the 
CAR cannot achieve its goals. One commenter alleged that sources, in 
most cases, have no incentive to use the CAR and concluded that the CAR 
must consolidate several additional rules in order to provide this 
incentive.
    Response: It is true that the CAR does not consolidate all rules 
applicable to the SOCMI or to sources with SOCMI processes on site. We 
considered other rules in this consolidation. As stated in the preamble 
to the proposed rule (63 FR 57750), because the rule was meant to be a 
pilot project for the SOCMI, we limited the scope to the Federal Clean 
Air Act rules that apply to SOCMI. We thought that these rules would 
provide benefit to affected sources, yet the scope would be defined 
well enough to ensure a reasonable chance of success. Some SOCMI rules 
that we considered for consolidation were subject to litigation, which 
could have led to substantial changes, when the CAR process started, 
and others are currently in litigation. It was therefore not 
appropriate to consolidate these rules into the CAR since they would 
likely be changing. Our intention was to keep the rule development 
process manageable in order to develop a practical CAR in a reasonable 
amount of time. The details, approach, and regulatory text for 
including additional rules in the CAR have not been investigated. To 
include additional rules in the consolidation effort at this point 
would require substantial time, resources, and a supplemental proposal. 
We consider our efforts better spent finalizing this rule.
    We do not agree that sources have no incentive to use the CAR. We 
maintain that there can be significant burden reduction with the rules 
that are currently consolidated, and that the burden reduction will 
persuade sources to use the CAR.
2. CAR for New Regulations
    Comments: Four commenters requested that we consider using the CAR 
as a compliance option for new regulations. Two commenters

[[Page 78271]]

specifically mentioned the Miscellaneous Organic NESHAP, one commenter 
mentioned the Generic MACT, and one commenter mentioned the Ethylene 
MACT. One commenter recommended that any new regulations applicable to 
the SOCMI that may be promulgated should be incorporated into the CAR 
for use by affected sources that have opted to use the CAR. The 
commenter stated that in this case, additional incorporated rules would 
follow part 70 on opting new rules into a title V permit as they are 
promulgated.
    Response: We may consider using the CAR in future rulemakings. 
Because of the timing of the Generic MACT's promulgation (64 FR 34854; 
June 29, 1999), it was not possible to consolidate that rule into the 
CAR. However, the Generic MACT employs similar structure, concept, and 
provisions to the CAR.
3. Referencing Subparts Using the CAR
    Comments: Several commenters requested that rules that refer to 
referencing subparts should be allowed to use the CAR as a compliance 
option. Commenters specifically mentioned 40 CFR part 63, subpart I, 
the polymers and resins MACT standards, and 40 CFR part 60, subpart 
DDD, equipment leak provisions. Two commenters requested any MACT 
standard that points to the HON be allowed the option to comply with 
the CAR.
    Response: We have not expanded the scope of the final rule to 
include other regulations that refer to referencing subparts. Expanding 
the scope of the CAR to other rules at this point would entail 
additional proposals. The details, approach, and ramifications of 
allowing the CAR for these other rules have not been investigated. Many 
of the rules that point to the CAR's referencing subparts for 
requirements generally have complex references, with conditions and 
exceptions to the referencing subparts. To allow these rules to comply 
with the CAR would require us to study the conditions and exceptions 
and possibly develop detailed references for compliance with the CAR. 
We are finalizing this rule so that the burden reductions associated 
with it can be used as soon as possible, and we may consider additional 
provisions in later rulemakings.
4. Polystyrene Process Vents
    Comment: One commenter noted that the proposed language in 
Sec. 60.560(j) and (k) would not allow polystyrene process vents 
subject to 40 CFR part 60, subpart DDD, to use the CAR. These process 
vents have the same requirements as the polypropylene and polyethylene 
process vents subject to subpart DDD that could opt into the CAR under 
the proposed rule.
    Response: We agree that the polystyrene process vents subject to 
subpart DDD that choose the control device or flare compliance option 
should be allowed to opt into the CAR. We have edited the final rule to 
allow this option.

C. How Has EPA Changed the Connector Monitoring Requirements?

    We have provided a sensory inspection alternative to instrument 
monitoring for sources subject only to 40 CFR part 60, subpart VV and 
40 CFR part 61, subpart V, to eliminate a disincentive to use the CAR.
    Comments: Several commenters noted that the proposed CAR imposed a 
significant increase in equipment leak monitoring burden for connectors 
in gas/vapor or light liquid service if the owner or operator decided 
to opt into the CAR for compliance. Specifically, these connectors 
subject to 40 CFR part 60, subpart VV, and 40 CFR part 61, subpart V, 
would have been subject to periodic instrument monitoring under the 
CAR. Under the referencing subparts, however, instrument monitoring was 
only required if sensory indications of a leak were detected. In other 
words, if plant personnel see, hear, or smell a potential leak, then 
they would investigate the potential leak by performing instrument 
monitoring.
    Instrument monitoring, the commenters noted, is a substantial 
burden increase over sensory inspection. The commenters felt that this 
created a financial disincentive to use the CAR for some owners or 
operators. The commenters reasoned that if having to perform routine, 
periodic instrument monitoring of connectors costs more than is saved 
by complying with the CAR at the rest of the facility, then the owner 
or operator would likely decide not to use the CAR.
    The commenters also noted that removing the requirement for 
instrument monitoring still has the potential to achieve an overall 
increase in environmental benefit. By maintaining the status quo with 
regard to performing sensory inspection for connectors, many subparts V 
and VV facilities may opt into the CAR. Once in the CAR, they must 
comply with the CAR's lower leak definitions for valves (500 parts per 
million (ppm)) and pumps (1,000 ppm for pumps in general service) 
instead of the referencing subparts' leak definition (10,000 ppm) for 
this equipment. The lower leak definitions would push the facilities 
towards better performance, potentially increasing the benefit to the 
environment.
    Response: We agree that initiating instrument monitoring for 
connectors at a facility currently performing only sensory monitoring 
presents a significant and unanticipated financial disincentive to 
using the CAR. Because we believe that having more facilities using the 
CAR will result in reduced burden for both industry and regulators, we 
have provided a sensory monitoring option for sources subject only to 
subparts V and VV to eliminate this disincentive.
    We have modified the CAR so that it contains an exemption from the 
instrument monitoring protocol for connectors referenced from subparts 
V and VV. It should be noted that the owner or operator may choose to 
perform instrument monitoring for these connectors if, for example, the 
owner or operator wanted to have one set of protocols for all the 
connectors at a facility and some of them were referenced to the CAR 
from the HON. Instrument monitoring would be required for the 
connectors referenced from the HON, and it may be simpler to instrument 
monitor all of the connectors rather than single out some connectors 
for instrument monitoring and others for sensory inspection.
    No degradation of environmental protection results from the CAR 
requiring sensory monitoring for connectors referenced from subparts V 
and VV because that is what those two referencing subparts currently 
require. In fact, as commenters noted, because the CAR consolidates on 
lower leak definitions for other equipment, environmental protection 
will potentially be strengthened because subparts V and VV have a 
10,000 ppm leak definition.

D. What Changes Were Made to the Process of Implementing the CAR?

    We clarified the provisions for setting the implementation schedule 
to specify that the schedule must be set by mutual agreement with the 
Administrator. This language was also revised to be consistent with the 
CAR most likely being a minor permit modification to a title V permit. 
In the proposed CAR, the implementation schedule was to be established 
in a title V permit. It was meant to require that the regulated source 
propose the implementation schedule in a title V amendment. The final 
schedule as approved by the permitting authority would be established 
in the title V permit. In other words, the permitting authority would 
signal approval by including the schedule in the title V permit. 
However,

[[Page 78272]]

since the title V amendment is a minor permit modification, there is no 
real opportunity for the permitting authority's approval. Therefore, 
the language associated with the implementation schedule was modified 
to establish the schedule by mutual agreement between the source and 
the permitting authority outside the title V process.

III. Other Changes Since Proposal

    In addition to those changes discussed in section II of this 
preamble, we made numerous other, less significant, changes, including 
editorial changes and corrections to make the rule more clear. Most of 
these changes were made in response to comment and are discussed in 
detail in the BID (see the ADDRESSES section of this preamble).

IV. Has EPA Changed Its Approach for Delegating the CAR to State 
Authorities?

    No. Our approach is outlined here and clarification is provided 
regarding States that do not have delegated authority of the underlying 
rules but have an approved title V program.
    At proposal, we specifically requested comment on this streamlined 
approach to State delegation. Commenters who commented on delegation 
were unanimous in support of our approach. They agreed with our 
rationale and echoed our belief that the approach we outlined will 
facilitate and expedite delegation and implementation of the CAR.
    To avoid impeding the adoption of the CAR, we specified a 
streamlined approach to implement the CAR using State authorities who 
have been delegated authority for the referencing subparts. Our 
approach is based on two steps. First, we intend to recognize the CAR 
as an alternative compliance approach to the referencing subparts. 
Second, we intend to waive the need for formal delegation of the CAR 
where the State is already delegated authority to implement the 
underlying NSPS or NESHAP. The details and implications of both of 
these steps are discussed in detail in the proposal preamble (63 FR 
57784; October 28, 1998).
    One commenter supported an approach that would provide for 
implementation of the CAR in States with an approved title V program, 
regardless of whether the State has received formal delegation of the 
underlying rules. We agree with the commenter that delegation of the 
CAR could also occur when States have an approved title V program. We 
recognize that fewer States have accepted delegation of the part 63 
rules than the parts 60 and 61 rules. By incorporating the part 63 
rules into the title V permit as applicable requirements, the terms and 
conditions of the part 63 rules become enforceable by the permitting 
authority through the permit, as if the part 63 rules themselves were 
delegated. We agree that the CAR could be delegated to permitting 
authorities with approved title V programs in place; however, there are 
advantages to obtaining formal delegation of the CAR by the permitting 
authority. Delegation should be conditioned to ensure the CAR is 
substantively incorporated unchanged into the permit.
    As stated above, there are advantages to accepting formal 
delegation of the CAR. Permitting authorities that accept formal 
delegation of the CAR through accepting delegation of the referencing 
subparts, i.e., the HON (or accept formal delegation of any section 112 
requirement), are the clear enforcement authorities. In other words, if 
the permitting authority does not accept formal delegation of the 
referencing subparts, then the EPA Regional Office remains the 
enforcement authority, and sources must submit duplicate reports to 
both the EPA Regional Office and the permitting authority. 
Additionally, if the permitting authority accepts formal delegation of 
the referencing subparts, then the permitting authority can make the 
discretionary decisions regarding the general provisions authorities. 
For example, if a source wants to change some facet of its monitoring 
program, then, in some cases, a permitting authority that has accepted 
delegation of the CAR will be able to approve this change. See the 40 
CFR part 63, subpart E preamble (64 FR 1879; January 12, 1999) for more 
information.

V. Has EPA Changed Its Approach for Incorporating CAR Requirements 
Into the Title V Permit?

    No. At proposal, we specifically requested comment on our 
interpretation of using the minor permit modification mechanism to 
implement the CAR at title V sources. Commenters agreed and expressed 
support for our approach. The use of the CAR is subject to mutual 
agreement with the Administrator, and the title V permit modification 
is the appropriate mechanism.
    The proposal preamble discussed the incorporation of the CAR 
requirements into the title V permit in detail (63 FR 57786; October 
28, 1998). At proposal, we reasoned that of the three mechanisms 
through which a permit can be modified (administrative amendments, 
minor permit modification, or significant modifications), a minor 
permit modification is the correct mechanism to use to incorporate the 
CAR in most cases. Because the source does not have significant 
discretion in establishing the specific requirements, adopting the CAR 
qualifies as a minor permit modification. In cases where the CAR allows 
significant discretion on the part of the source in determining 
monitoring, recordkeeping or reporting requirements, and these are 
being established for the first time through the permit revision 
process, we would consider this change to be a significant modification 
to the permit. An example of this type of provision is under 
Sec. 65.162(e) of 40 CFR part 65, subpart G, which applies to sources 
who are directed under Sec. 65.154(c)(2) or Sec. 65.155(c)(1) to set 
unique monitoring parameters.

VI. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements in this final rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1854.01) and a copy may be obtained from Sandy Farmer by mail 
at Collection Strategies Division; U.S. Environmental Protection Agency 
(2822); 1200 Pennsylvania Ave., SW; Washington, DC 20460; by e-mail at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded from the internet at http://www.epa.gov/icr. The information 
requirements are not enforceable until OMB approves them.
    Information is required to ensure compliance with the provisions of 
the rules. The information collected pursuant to the CAR will be used 
by Agency enforcement personnel to: (1) identify sources subject to the 
standards, (2) identify the control methodology being applied, and (3) 
ensure that the emission control devices are being properly operated 
and maintained on a continuous basis.
    In addition, records and reports are necessary to enable EPA to 
identify plants that may not be in compliance with the standards. Based 
on reported information, EPA can decide which plants should be 
inspected and what records or processes should be inspected at the 
plants. The records that plants maintain would indicate to EPA whether 
plant personnel are operating and maintaining control equipment 
properly.

[[Page 78273]]

    These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the Clean Air Act (42 U.S.C. 7414). All 
information submitted to the EPA for which a claim of confidentiality 
is made will be safeguarded according to EPA policies in 40 CFR part 2, 
subpart B, ``Confidentiality of Business Information.''
    The rules require that facility owners or operators retain records 
for a period of at least 5 years for title V sources, which exceeds the 
3-year retention period contained in the guidelines in 5 CFR 1320.6. 
The 5-year retention period is consistent with the general provisions 
of 40 CFR part 63, and with the 5-year record retention requirement in 
the operating permit program under title V of the Act.
    Reports are required on a semi-annual basis and as required, such 
as notification of performance testing. Information to be reported 
consists of emission data and other information that are not of a 
sensitive nature. If the relevant information were collected less 
frequently, the EPA would not be reasonably assured that a source is in 
compliance with the rules. In addition, the EPA's authority to take 
administrative action would be reduced significantly. No sensitive 
personal or proprietary information are being collected.
    The burden estimate is an estimate of the recordkeeping and 
reporting burden that will be incurred by a representative respondent 
choosing to comply with the CAR. The estimated annual average hour 
burden for all respondents is about 427,046 hours, or about 5,338 hours 
per respondent. The estimated annual average cost of this burden is 
about $23,051,000 for all of the estimated 80 projected respondents. An 
additional cost for operation and maintenance of monitoring systems and 
computers is about $32,333,600, for a total cost of about $702,708 per 
respondent. The estimated annual average hour burden for the Federal 
government is about 6,600 hours, with an associated cost of about 
$263,000. These estimates do not include the burden reduction achieved 
from not having to comply with the referencing subparts. The net burden 
reduction to the industry is estimated to be about 464,000 hours per 
year.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

B. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether a regulatory action is ``significant'' and 
therefore subject to OMB review and the requirements of the Executive 
Order. The Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (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, OMB has notified 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Executive Order. The EPA has submitted this action 
to OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.

C. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. The EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to OMB, in a separately identified section of the preamble 
to the rule, a federalism summary impact statement (FSIS). The FSIS 
must include a description of the extent of EPA's prior consultation 
with State and local officials, a summary of the nature of their 
concerns and the agency's position supporting the need to issue the 
regulation, and a statement of the extent to which the concerns of 
State and local officials have been met. Also, when EPA transmits a 
draft final rule with federalism implications to OMB for review 
pursuant to Executive Order 12866, EPA must include a certification 
from the agency's Federalism Official stating that EPA has met the 
requirements of Executive Order 13132 in a meaningful and timely 
manner.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
This rule consolidates requirements for existing rules, and will result 
in no net increase of recordkeeping and reporting to State agencies. 
Thus, the requirements of section 6 of the Executive Order do not apply 
to this rule. Although section 6 of Executive Order 13132 does not 
apply to this rule, EPA did consult with State and local officials in 
developing this rule.

[[Page 78274]]

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

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA 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 EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected 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 does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that these rules do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate or the private 
sector in any 1 year. Thus, today's rules are not subject to the 
requirements of sections 202 and 205 of the UMRA.
    The EPA has determined that these rules contain no regulatory 
requirements that might significantly or uniquely affect small 
governments. No small government entities have been identified that 
have involvement with these source categories and, as such, are not 
covered by the regulatory requirements of the proposed regulations.

F. Regulatory Flexibility

    The Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq., generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements unless the agency determines that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    After considering the economic impacts of today's final rule on 
small entities, EPA has determined that this action will not have a 
significant economic impact on a substantial number of small entities 
and therefore a regulatory flexibility analysis was not necessary. This 
final rule is an optional compliance method and does not introduce any 
new requirements. Sources, including small entities, may choose to 
comply with the final rule if they determine that it would be 
beneficial to do so. We have therefore concluded that today's final 
rule will relieve regulatory burden for all small entities.

G. National Technology Transfer and Advancement Act

    As stated in the proposed rule, section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d) (15 U.S.C. 272 note), directs the EPA to use 
voluntary consensus standards in its regulatory activities unless to do 
so would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices, 
etc.) that are developed or adopted by voluntary consensus standard 
bodies. The purpose of the NTTAA is to reduce the costs to the private 
and public sectors by requiring Federal agencies to use existing 
technical standards used in commerce or industry. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    The technical standards promulgated with this final rule are 
standards that have been proposed and promulgated under other 
rulemakings for similar source control applicability and compliance 
determinations. Since today's final rule does not involve the 
establishment or modification of technical standards, the requirements 
of the NTTAA do not apply.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA 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 the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to

[[Page 78275]]

influence the regulation. This final rule is not subject to Executive 
Order 13045 because it does not involve decisions on environmental 
health risks or safety risks that may disproportionately affect 
children.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA of 1996, generally provides that before a rule may take 
effect, the agency adopting 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. The EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of this 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).

List of Subjects

40 CFR Part 60

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

40 CFR Part 61

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 65

    Environmental protection, Air pollution control, Incorporation by 
reference. Intergovernmental relations. Reporting and recordkeeping 
requirements.

    Dated: September 20, 2000.
Carol M. Browner,
Administrator.

    For the reasons cited in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

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

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

Subpart A--General Provisions


Sec. 60.17  [Amended]

    1a. Amend Sec. 60.17 as follows:
    a. In paragraph (a)(12), remove ``98,'';
    b. In paragraph (a)(13), remove ``95,'' and ``97,'';
    c. In paragraph (a)(14), remove, ``98,'';
    d. In paragraph (a)(19), add ``(Reapproved 1980)'' after ``D1475-
60'' and remove ``80,'';
    e. In paragraph (a)(22), remove ``82,86,'';
    f. In paragraph (a)(28), remove ``97a,''; and
    g. In paragraph (a)(47), add ``Test'' after ``Standard''.

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

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


Sec. 60.110a  Applicability and designation of affected facility.

    (a) Affected facility. Except as provided in paragraph (b) of this 
section, the affected facility to which this subpart applies is each 
storage vessel with a storage capacity greater than 151,416 liters 
(40,000 gallons) that is used to store petroleum liquids for which 
construction is commenced after May 18, 1978.
* * * * *
    (c) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Secs. 60.112a through 60.114a 
for storage vessels that are subject to this subpart that store 
petroleum liquids that, as stored, have a maximum true vapor pressure 
equal to or greater than 10.3 kPa (1.5 psia). Other provisions applying 
to owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (c)(2) do not apply to owners 
or operators of storage vessels complying with 40 CFR part 65, subpart 
C, except that provisions required to be met prior to implementing 40 
CFR part 65 still apply. Owners and operators who choose to comply with 
40 CFR part 65, subpart C, must comply with 40 CFR part 65, subpart A.

    3. Section 60.115a is amended by revising paragraph (d)(2) to read 
as follows:


Sec. 60.115a  Monitoring of operations.

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

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

    4. Section 60.110b is amended by adding paragraph (e) to read as 
follows:


Sec. 60.110b  Applicability and designation of affected facility.

* * * * *
    (e) Alternative means of compliance.--(1) Option to comply with 
part 65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Secs. 60.112b through 60.117b 
for storage vessels that are subject to this subpart that meet the 
specifications in paragraphs (e)(1)(i) and (ii) of this section. When 
choosing to comply with 40 CFR part 65, subpart C, the monitoring 
requirements of Sec. 60.116b(c), (e), (f)(1), and (g) still apply. 
Other provisions applying to owners or operators who choose to comply 
with 40 CFR part 65 are provided in 40 CFR 65.1.
    (i) A storage vessel with a design capacity greater than or equal 
to 151 m3 containing a VOL that, as stored, has a maximum 
true vapor pressure equal to or greater than 5.2 kPa; or
    (ii) A storage vessel with a design capacity greater than 75 
m3 but less than 151 m3 containing a VOL that, as 
stored, has a maximum true vapor pressure equal to or greater than 27.6 
kPa.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also

[[Page 78276]]

comply with Secs. 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 
60.15, and 60.16 for those storage vessels. All sections and paragraphs 
of subpart A of this part that are not mentioned in this paragraph 
(e)(2) do not apply to owners or operators of storage vessels complying 
with 40 CFR part 65, subpart C, except that provisions required to be 
met prior to implementing 40 CFR part 65 still apply. Owners and 
operators who choose to comply with 40 CFR part 65, subpart C, must 
comply with 40 CFR part 65, subpart A.
    (3) Internal floating roof report. If an owner or operator installs 
an internal floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished to the 
Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.43. This report shall be an attachment to 
the notification required by 40 CFR 65.5(b).
    (4) External floating roof report. If an owner or operator installs 
an external floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished to the 
Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.44. This report shall be an attachment to 
the notification required by 40 CFR 65.5(b).

    5. Section 60.116b is amended by revising paragraph (g) to read as 
follows:


Sec. 60.116b  Monitoring of operations.

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

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

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


Sec. 60.480  Applicability and designation of affected facility.

* * * * *
    (e) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators may choose to comply with the provisions of 40 
CFR part 65, subpart F, to satisfy the requirements of Secs. 60.482 
through 60.487 for an affected facility. When choosing to comply with 
40 CFR part 65, subpart F, the requirements of Sec. 60.485(d), (e), and 
(f), and Sec. 60.486(i) and (j) still apply. Other provisions applying 
to an owner or operator who chooses to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(2) do not apply to owners or 
operators of equipment subject to this subpart complying with 40 CFR 
part 65, subpart F, except that provisions required to be met prior to 
implementing 40 CFR part 65 still apply. Owners and operators who 
choose to comply with 40 CFR part 65, subpart F, must comply with 40 
CFR part 65, subpart A.
    7. Section 60.481 is amended by revising the definition of ``Closed 
vent system'' and adding in alphabetical order the definitions of 
``Duct work,'' ``Fuel gas,'' ``Fuel gas system,'' ``Hard-piping,'' and 
``Sampling connection system,'' to read as follows:


Sec. 60.481  Definitions.

* * * * *
    Closed vent system means a system that is not open to the 
atmosphere and that is composed of hard-piping, ductwork, connections, 
and, if necessary, flow-inducing devices that transport gas or vapor 
from a piece or pieces of equipment to a control device or back to a 
process.
* * * * *
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
* * * * *
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgement and standards such as ASME 
B31.3, Process Piping (available from the American Society of 
Mechanical Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
* * * * *
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
* * * * *

    8. Section 60.482-1 is amended by revising paragraph (a) to read as 
follows:


Sec. 60.482-1  Standards: General.

    (a) Each owner or operator subject to the provisions of this 
subpart shall demonstrate compliance with the requirements of 
Secs. 60.482-1 through 60.482-10 or Sec. 60.480(e) for all equipment 
within 180 days of initial startup.
* * * * *

    9. Section 60.482-2 is amended by:
    a. Revising paragraph (d)(1)(ii);
    b. Revising paragraph (f);
    c. Adding paragraph (g); and
    d. Adding paragraph (h).
    The revisions and additions read as follows:


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

* * * * *
    (d) * * *
    (1) * * *
    (ii) Equipment with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of 
Sec. 60.482-10; or
* * * * *
    (f) If any pump is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or to a fuel gas system or to a control device that complies 
with the requirements of Sec. 60.482-10, it is exempt from paragraphs 
(a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec. 60.486(f)(1), 
as an unsafe-to-monitor pump is exempt from the monitoring and 
inspection requirements of paragraphs (a) and (d)(4) through (6) of 
this section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires

[[Page 78277]]

monitoring of the pump as frequently as practicable 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 paragraph (c) of this section if a leak is detected.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily 
requirements of paragraph (d)(5) of this section, provided that each 
pump is visually inspected as often as practicable and at least 
monthly.
    10. Section 60.482-3 is amended by revising paragraphs (b)(2) and 
(h) to read as follows:


Sec. 60.482-3  Standards: Compressors.

* * * * *
    (b) * * *
    (2) Equipped with a barrier fluid system degassing reservoir that 
is routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of 
Sec. 60.482-10; or
* * * * *
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section, if it is equipped with a closed vent system to 
capture and transport leakage from the compressor drive shaft back to a 
process or fuel gas system or to a control device that complies with 
the requirements of Sec. 60.482-10, except as provided in paragraph (i) 
of this section.
* * * * *

    11. Section 60.482-4 is amended by revising paragraph (c), and 
adding paragraph (d) to read as follows:


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

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

    12. Section 60.482-5 is amended by:
    a. Revising paragraph (a);
    b. Revising the introductory text to paragraph (b);
    c. In paragraph (b)(3), removing the period and adding ``; or'' in 
it's place; and
    d. Adding paragraph (b)(4).
    The revisions and addition read as follows:


Sec. 60.482-5  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purged, closed-loop, or closed-vent system, except as provided 
in Sec. 60.482-1(c). Gases displaced during filling of the sample 
container are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (4) of this 
section:
* * * * *
    (4) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (i) A waste management unit as defined in 40 CFR 63.111, if the 
waste management unit is subject to, and operated in compliance with 
the provisions of 40 CFR part 63, subpart G, applicable to Group 1 
wastewater streams;
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
* * * * *

    13. Section 60.482-6 is amended by adding paragraphs (d) and (e) to 
read as follows:


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

* * * * *
    (d) Open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process 
upset are exempt from the requirements of paragraphs (a), (b) and (c) 
of this section.
    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a 
double block and bleed system as specified in paragraphs (a) through 
(c) of this section are exempt from the requirements of paragraphs (a) 
through (c) of this section.

    14. Section 60.482-8 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec. 60.482-8  Standards: Pumps and valves in heavy liquid service, 
pressure relief devices in light liquid or heavy liquid service, and 
connectors.

    (a) If evidence of a potential leak is found by visual, audible, 
olfactory, or any other detection method at pumps and valves in heavy 
liquid service, pressure relief devices in light liquid or heavy liquid 
service, and connectors, the owner or operator shall follow either one 
of the following procedures:
    (1) The owner or operator shall monitor the equipment within 5 days 
by the method specified in Sec. 60.485(b) and shall comply with the 
requirements of paragraphs (b) through (d) of this section.
    (2) The owner or operator shall eliminate the visual, audible, 
olfactory, or other indication of a potential leak.
* * * * *

    15. Section 60.482-9 is amended by revising paragraph (a) to read 
as follows:


Sec. 60.482-9  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if repair within 15 days is technically infeasible 
without a process unit shutdown. Repair of this equipment shall occur 
before the end of the next process unit shutdown.
* * * * *

    16. Section 60.482-10 is amended by revising paragraphs (b) and (c) 
to read as follows:


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

* * * * *
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the VOC emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VOC emissions vented to them with an efficiency of 95 
percent or greater, or to an exit concentration of 20 parts per million 
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is 
less stringent or to provide a minimum residence time of 0.75

[[Page 78278]]

seconds at a minimum temperature of 816  deg.C.
* * * * *

    17. Section 60.483-1 is amended by revising paragraph (b)(1) to 
read as follows:


Sec. 60.483-1  Alternative standards for valves--allowable percentage 
of valves leaking.

* * * * *
    (b) * * *
    (1) An owner or operator must notify the Administrator that the 
owner or operator has elected to comply with the allowable percentage 
of valves leaking before implementing this alternative standard, as 
specified in Sec. 60.487(d).
* * * * *

    18. Section 60.483-2 is amended by revising paragraph (a)(2) to 
read as follows:


Sec. 60.483-2  Alternative standards for valves--skip period leak 
detection and repair.

    (a) * * *
    (2) An owner or operator must notify the Administrator before 
implementing one of the alternative work practices, as specified in 
Sec. 60.487(d).
* * * * *

    19. Section 60.486 is amended by revising paragraphs (f) 
introductory text and (f)(1) to read as follows:


Sec. 60.486  Recordkeeping requirements.

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

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

* * * * *

    20. Section 60.560 is amended by adding paragraph (j) before the 
note to read as follows:


Sec. 60.560  Applicability and designation of affected facilities.

* * * * *
    (j) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart G, for continuous process vents that are subject to this 
subpart, that choose to comply with Sec. 60.562-1(a)(1)(i)(A), (B), or 
(C) as allowed in Sec. 60.562-1(a)(1) and (b)(1)(iii). The requirements 
of 40 CFR part 65, subpart G, satisfy the requirements of paragraph (c) 
of this section and Secs. 60.563 through 60.566, except for 
Sec. 60.565(g)(1). Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart G, must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (j)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart G, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart G, must comply with 40 CFR part 65, subpart A.
    (3) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart G, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR part 65, subpart G, with which the owner 
or operator has elected to comply. Notification shall be submitted with 
the notification of initial startup required by 40 CFR 65.5(b).
* * * * *

    21. Section 60.565 is amended by revising paragraph (g) 
introductory text to read as follows:


Sec. 60.565  Reporting and recordkeeping requirements.

* * * * *
    (g) Each owner or operator of an affected facility subject to the 
provisions of this subpart and seeking to demonstrate compliance with 
Sec. 60.560(j) or Sec. 60.562-1 shall keep up-to-date, readily 
accessible records of:
* * * * *

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

    22. Section 60.610 is amended by adding paragraph (d) before the 
note to read as follows:


Sec. 60.610  Applicability and designation of affected facility.

* * * * *
    (d) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators of process vents that are subject to this 
subpart may choose to comply with the provisions of 40 CFR part 65, 
subpart D, to satisfy the requirements of Secs. 60.612 through 60.615 
and 60.618. The provisions of 40 CFR part 65 also satisfy the criteria 
of paragraph (c) of this section. Other provisions applying to an owner 
or operator who chooses to comply with 40 CFR part 65 are provided in 
40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D, must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (d)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart D, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
    (3) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D, at initial startup shall comply with 
paragraphs (d)(1) and (2) of this section for each vent stream on and 
after the date on which the initial performance test is completed, but 
not later than 60 days after achieving the maximum production rate at 
which the affected facility will be operated, or 180 days after the 
initial startup, whichever date comes first.
    (4) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart D, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR 65.63(a)(1), (2), or (3) with which the 
owner or operator has elected to comply. Notification shall be 
submitted with the notifications of initial startup required by 40 CFR 
65.5(b).
* * * * *

[[Page 78279]]

Subpart NNN--Standards of Performance for Volatile Organic Compound 
(VOC) Emissions From Synthetic Organic Chemical Manufacturing 
Industry (SOCMI) Distillation Operations

    23. Section 60.660 is amended by adding paragraph (d) before the 
note to read as follows:


Sec. 60.660  Applicability and designation of affected facility.

* * * * *
    (d) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators of process vents that are subject to this 
subpart may choose to comply with the provisions of 40 CFR part 65, 
subpart D, to satisfy the requirements of Secs. 60.662 through 60.665 
and 60.668. The provisions of 40 CFR part 65 also satisfy the criteria 
of paragraphs (c)(4) and (6) of this section. Other provisions applying 
to an owner or operator who chooses to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D, must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (d)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart D, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
    (3) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D, at initial startup shall comply with 
paragraphs (d)(1) and (2) of this section for each vent stream on and 
after the date on which the initial performance test is completed, but 
not later than 60 days after achieving the maximum production rate at 
which the affected facility will be operated, or 180 days after the 
initial startup, whichever date comes first.
    (4) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart D, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR 65.63(a)(1), (2), or (3), with which the 
owner or operator has elected to comply. Notification shall be 
submitted with the notifications of initial startup required by 40 CFR 
65.5(b).
* * * * *

    24. Section 60.665 is amended by revising paragraph (l)(6) to read 
as follows:


Sec. 60.665  Reporting and recordkeeping requirements.

* * * * *
    (l) * * *
    (6) Any change in equipment or process operation, as recorded under 
paragraph (j) of this section, that increases the design production 
capacity above the low capacity exemption level in Sec. 60.660(c)(5) 
and the new capacity resulting from the change for the distillation 
process unit containing the affected facility. These must be reported 
as soon as possible after the change and no later than 180 days after 
the change. These reports may be submitted either in conjunction with 
semiannual reports or as a single separate report. A performance test 
must be completed within the same time period to obtain the vent stream 
flow rate, heating value, and ETOC. The performance test is 
subject to the requirements of Sec. 60.8. The facility must begin 
compliance with the requirements set forth in Sec. 60.660(d) or 
Sec. 60.662. If the facility chooses to comply with Sec. 60.662, the 
facility may qualify for an exemption in Sec. 60.660(c)(4) or (6).
* * * * *

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

    25. Section 60.700 is amended by adding paragraph (d) before the 
note to read as follows:


Sec. 60.700  Applicability and designation of affected facility.

* * * * *
    (d) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators of process vents that are subject to this 
subpart may choose to comply with the provisions of 40 CFR part 65, 
subpart D, to satisfy the requirements of Secs. 60.702 through 60.705 
and 60.708. The provisions of 40 CFR part 65 also satisfy the criteria 
of paragraphs (c)(2), (4), and (8) of this section. Other provisions 
applying to an owner or operator who chooses to comply with 40 CFR part 
65 are provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D, must also comply with Secs. 60.1, 60.2, 
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (d)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart D, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
    (3) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D at initial startup shall comply with 
paragraphs (d)(1) and (2) of this section for each vent stream on and 
after the date on which the initial performance test is completed, but 
not later than 60 days after achieving the maximum production rate at 
which the affected facility will be operated, or 180 days after the 
initial startup, whichever date comes first.
    (4) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart D, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR 65.63(a)(1), (2), or (3), with which the 
owner or operator has elected to comply. Notification shall be 
submitted with the notifications of initial startup required by 40 CFR 
65.5(b).
* * * * *
    26. Section 60.705 is amended by revising paragraph (1)(5) to read 
as follows:


Sec. 60.705  Reporting and recordkeeping requirements.

* * * * *
    (l) * * *
    (5) Any change in equipment or process operation, as recorded under 
paragraph (i) of this section, that increases the design production 
capacity above the low capacity exemption level in Sec. 60.700(c)(3) 
and the new capacity resulting from the change for the reactor process 
unit containing the affected facility. These must be reported as soon 
as possible after the change and no later than 180 days after the 
change. These reports may be submitted either in conjunction with 
semiannual reports or as a single separate report. A performance test 
must be completed within the same time period to obtain the vent stream 
flow rate, heating value, and ETOC. The performance test is 
subject to the requirements of Sec. 60.8. The facility must begin 
compliance with the requirements set forth in Sec. 60.702 or 
Sec. 60.700(d). If the

[[Page 78280]]

facility chooses to comply with Sec. 60.702, the facility may qualify 
for an exemption under Sec. 60.700(c)(2), (4), or (8).
* * * * *

PART 61--[AMENDED]

    27. The authority citation for part 61 is revised to read as 
follows:

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

Subpart A--General Provisions

    28. Amend Sec. 61.18 as follows:
    a. In paragraph (a)(5), add ``Standard Test Method for'' after 
``88,'';
    b. In paragraph (a)(8), add ``(Reapproved 1993)'' after ``88'' and 
remove ``93,'';
    c. Redesignate paragraphs (a)(9) through (a)(13) as paragraphs 
(a)(10) through (a)(14);
    d. Add new paragraph (a)(9); and
    e. Add paragraph (e).
    The additions read as follows:


Sec. 61.18  Incorporations by reference.

    (a) * * *
    (9) ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved December 14, 2000 for 
Sec. 61.241.
* * * * *
    (e) The materials listed in this paragraph (e) are available for 
purchase from the American Petroleum Institute (API), 1220 L Street, 
NW., Washington, DC 20005.
    (1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition. February 1989. IBR approved December 14, 
2000 for Sec. 61.241.
    (2) [Reserved]

Subpart J--National Emission Standard for Equipment Leaks (Fugitive 
Emission Sources) of Benzene

    29. Section 61.110 is amended by revising paragraph (a) to read as 
follows:


Sec. 61.110  Applicability and designation of sources.

    (a) The provisions of this subpart apply to each of the following 
sources that are intended to operate in benzene service: pumps, 
compressors, pressure relief devices, sampling connection systems, 
open-ended valves or lines, valves, connectors, surge control vessels, 
bottoms receivers, and control devices or systems required by this 
subpart.
* * * * *

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

    30. Section 61.240 is amended by revising paragraph (a) and adding 
paragraph (d) to read as follows:


Sec. 61.240  Applicability and designation of sources.

    (a) The provisions of this subpart apply to each of the following 
sources that are intended to operate in volatile hazardous air 
pollutant (VHAP) service: pumps, compressors, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, surge control vessels, bottoms receivers, and control 
devices or systems required by this subpart.
* * * * *
    (d) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65 to 
satisfy the requirements of Secs. 61.242-1 through 61.247 for equipment 
that is subject to this subpart and that is part of the same process 
unit. When choosing to comply with 40 CFR part 65, the requirements of 
Secs. 61.245(d) and 61.246(i) and (j) still apply. Other provisions 
applying to owners or operators who choose to comply with 40 CFR part 
65 are provided in 40 CFR 65.1.
    (2) Part 65, subpart C or F. For owners or operators choosing to 
comply with 40 CFR part 65, each surge control vessel and bottoms 
receiver subject to this subpart that meets the conditions specified in 
table 1 or table 2 of this subpart shall meet the requirements for 
storage vessels in 40 CFR part 65, subpart C; all other equipment 
subject to this subpart shall meet the requirements in 40 CFR part 65, 
subpart F.
    (3) Part 61, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C or F, must also comply with Secs. 61.01, 
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for 
that equipment. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (d)(3) do not apply to owners 
or operators of equipment subject to this subpart complying with 40 CFR 
part 65, subpart C or F, except that provisions required to be met 
prior to implementing 40 CFR part 65 still apply. Owners and operators 
who choose to comply with 40 CFR part 65, subpart C or F, must comply 
with 40 CFR part 65, subpart A.
    (4) Rules referencing this subpart. Owners or operators referenced 
to this subpart from subpart F or J of this part may choose to comply 
with 40 CFR part 65 for all equipment listed in paragraph (a) of this 
section.

    31. Section 61.241 is amended by revising the definitions of 
``Closed-vent system'' and ``Equipment,'' adding in alphabetical order 
the definitions of ``Bottoms receiver,'' ``Duct work,'' ``Fuel gas,'' 
``Fuel gas system,'' ``Hard-piping,'' ``Maximum true vapor pressure,'' 
``Sampling connection system,'' and ``Surge control vessel,'' and 
removing the definition of ``Product accumulator vessel'' to read as 
follows:


Sec. 61.241  Definitions.

* * * * *
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    Closed-vent system means a system that is not open to atmosphere 
and that is composed of hard-piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back to a process.
* * * * *
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment means each pump, compressor, pressure relief device, 
sampling connection system, open-ended valve or line, valve, connector, 
surge control vessel, bottoms receiver in VHAP service, and any control 
devices or systems required by this subpart.
* * * * *
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgement and standards such as ASME 
B31.3, Process Piping (available from the American Society of 
Mechanical Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
* * * * *
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total VHAP in the stored or

[[Page 78281]]

transferred liquid at the temperature equal to the highest calendar-
month average of the liquid storage or transfer temperature for liquids 
stored or transferred above or below the ambient temperature or at the 
local maximum monthly average temperature as reported by the National 
Weather Service for liquids stored or transferred at the ambient 
temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 61.18); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83, Standard Test Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope (incorporated by reference as specified in Sec. 61.18); or
    (4) Any other method approved by the Administrator.
* * * * *
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take non-routine grab 
samples is not considered a sampling connection system.
* * * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit when in-process storage, mixing, or management of flow rates of 
volumes is needed on a recurring or ongoing basis to assist in 
production of a product.
* * * * *
    32. Section 61.242-2 is amended by:
    a. Redesignating paragraph (g) as paragraph (h);
    b. Revising paragraph (a)(1);
    c. Revising paragraph (d)(1)(ii);
    d. Revising paragraph (f);
    e. Adding new paragraph (g); and
    f. Revising newly designated paragraph (h).
    The revisions and addition read as follows:


Sec. 61.242-2  Standards: Pumps.

    (a)(1) Each pump shall be monitored monthly to detect leaks by the 
methods specified in Sec. 61.245(b), except as provided in Sec. 61.242-
1(c) and paragraphs (d), (e), (f) and (g) of this section.
* * * * *
    (d) * * *
    (1) * * *
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that complies with the requirements of 
Sec. 61.242-11; or
* * * * *
    (f) If any pump is equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or fuel gas system or to a control device that complies with 
the requirements of Sec. 61.242-11, it is exempt from the requirements 
of paragraphs (a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec. 61.246(f)(1), 
as an unsafe-to-monitor pump is exempt from the monitoring and 
inspection requirements of paragraphs (a) and (d)(4) through (6) of 
this section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practicable during 
safe-to-monitor times but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in paragraph (c) of this section if a leak 
is detected.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily 
requirements of paragraph (d)(5) of this section, provided that each 
pump is visually inspected as often as practicable and at least 
monthly.

    33. Section 61.242-3 is amended by revising paragraphs (b)(2) and 
(h) to read as follows:


Sec. 61.242-3  Standards: Compressors.

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


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

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

    35. Section 61.242-5 is revised to read as follows:


Sec. 61.242-5  Standards: Sampling connecting systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purge, closed-loop, or closed vent system, except as provided in 
Sec. 61.242-1(c). Gases displaced during filling of the sample 
container are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (4) of this 
section:
    (1) Return the purged process fluid directly to the process line; 
or
    (2) Collect and recycle the purged process fluid; or
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a control device that complies with the 
requirements of Sec. 61.242-11; or
    (4) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (i) A waste management unit as defined in 40 CFR 63.111 if the 
waste

[[Page 78282]]

management unit is subject to and operated in compliance with the 
provisions of 40 CFR part 63, subpart G, applicable to Group 1 
wastewater streams; or
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (c) In-situ sampling systems and sampling systems without purges 
are exempt from the requirements of paragraphs (a) and (b) of this 
section.

    36. Section 61.242-6 is amended by adding paragraphs (d) and (e) to 
read as follows:


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

* * * * *
    (d) Open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process 
upset are exempt from the requirements of paragraphs (a), (b) and (c) 
of this section.
    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a 
double block and bleed system as specified in paragraphs (a) through 
(c) of this section are exempt from the requirements of paragraphs (a) 
through (c) of this section.

    37. Section 61.242-8 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec. 61.242-8  Standards: Pressure relief services in liquid service 
and connectors.

    (a) If evidence of a potential leak is found by visual, audible, 
olfactory, or any other detection method at pressure relief devices in 
liquid service and connectors, the owner or operator shall follow 
either one of the following procedures, except as provided in 
Sec. 61.242-1(c):
    (1) The owner or operator shall monitor the equipment within 5 days 
by the method specified in Sec. 61.245(b) and shall comply with the 
requirements of paragraphs (b) through (d) of this section.
    (2) The owner or operator shall eliminate the visual, audible, 
olfactory, or other indication of a potential leak.
* * * * *

    38. Section 61.242-9 is revised to read as follows:


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

    Each surge control vessel or bottoms receiver that is not routed 
back to the process and that meets the conditions specified in table 1 
or table 2 of this subpart shall be equipped with a closed-vent system 
capable of capturing and transporting any leakage from the vessel back 
to the process or to a control device as described in Sec. 61.242-11, 
except as provided in Sec. 61.242-1(c); or comply with the requirements 
of 40 CFR 63.119(b) or (c).

    39. Section 61.242-10 is amended by revising paragraph (a) to read 
as follows:


Sec. 61.242-10  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if repair within 15 days is technically infeasible 
without a process unit shutdown. Repair of this equipment shall occur 
before the end of the next process unit shutdown.
* * * * *

    40. Section 61.242-11 is amended by:
    a. Revising paragraph (b);
    b. Revising paragraph (c);
    c. Revising paragraph (f);
    d. Revising paragraph (g);
    e. Adding paragraph (h);
    f. Adding paragraph (i);
    g. Adding paragraph (j);
    h. Adding paragraph (k);
    i. Adding paragraph (l); and
    j. Adding paragraph (m).
    The revisions and additions read as follows:


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

* * * * *
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the organic vapors vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VHAP emissions vented to them with an efficiency of 95 
percent or greater, or to an exit concentration of 20 parts per million 
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is 
less stringent, or to provide a minimum residence time of 0.50 seconds 
at a minimum temperature of 760  deg.C.
* * * * *
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraph (f)(1) or (2) of this 
section, as applicable.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
following requirements:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 61.245(b); and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 61.245(b); and
    (ii) Conduct annual inspections according to the procedures in 
Sec. 61.245(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practicable except as provided in 
paragraph (h) of this section.
    (1) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (h) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair is technically infeasible 
without a process unit shutdown, or if the owner or operator determines 
that emissions resulting from immediate repair would be greater than 
the fugitive emissions likely to result from delay of repair. Repair of 
such equipment shall be complete by the end of the next process unit 
shutdown.
    (i) If a vapor collection system or closed vent system is operated 
under a vacuum, it is exempt from the inspection requirements of 
paragraphs (f)(1)(i) and (2) of this section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(1) of this section, as unsafe-to-inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and (2) 
of this section if they comply with the following requirements:
    (1) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph 
(f)(1)(i) or (2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-
to-inspect times.

[[Page 78283]]

    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult-to-inspect 
are exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(2) of this section if they comply with the following requirements:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the following information:
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe-to-inspect, an explanation of why the equipment is 
unsafe-to-inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated as difficult-to-inspect, an explanation of why the equipment 
is difficult-to-inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record 
of the information specified in Sec. 61.246(c).
    (4) For each inspection conducted in accordance with Sec. 61.245(b) 
during which no leaks are detected, a record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (5) For each visual inspection conducted in accordance with 
paragraph (f)(1)(ii) of this section during which no leaks are 
detected, a record that the inspection was performed, the date of the 
inspection, and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when 
emissions may be vented to them.

    41. Section 61.246 is amended by revising paragraph (f) 
introductory text and revising paragraph (f)(1) to read as follows:


Sec. 61.246  Recordkeeping requirements.

* * * * *
    (f) The following information pertaining to all valves subject to 
the requirements of Sec. 61.242-7(g) and (h) and to all pumps subject 
to the requirements of Sec. 61.242-2(g) shall be recorded in a log that 
is kept in a readily accessible location:
    (1) A list of identification numbers for valves and pumps that are 
designated as unsafe to monitor, an explanation for each valve or pump 
stating why the valve or pump is unsafe to monitor, and the plan for 
monitoring each valve or pump.
* * * * *

    42. Section 61.247 is amended by:
    a. Revising paragraph (a)(3);
    b. Redesignating paragraph (a)(4) as paragraph (a)(5);
    c. Adding new paragraph (a)(4);
    d. Revising paragraph (e)(3); and
    e. Adding paragraph (f).
    The revisions and additions read as follows.


Sec. 61.247  Reporting requirements.

    (a) * * *
    (3) In the case of new sources which did not have an initial 
startup date preceding December 14, 2000, the statement required under 
paragraph (a)(1) of this section shall be submitted with the 
application for approval of construction, as described in Sec. 61.07.
    (4) For owners and operators complying with 40 CFR part 65, subpart 
C or F, the statement required under paragraph (a)(1) of this section 
shall notify the Administrator that the requirements of 40 CFR part 65, 
subpart C or F, are being implemented.
* * * * *
    (e) * * *
    (3) In the next semiannual report required by paragraph (b) of this 
section, the information in paragraph (a)(5) of this section is 
reported.
    (f) For owners or operators choosing to comply with 40 CFR part 65, 
subpart C or F, an application for approval of construction or 
modification, as required under Secs. 61.05 and 61.07 will not be 
required if:
    (1) The new source complies with 40 CFR 65.106 through 65.115 and 
with 40 CFR part 65, subpart C, for surge control vessels and bottoms 
receivers;
    (2) The new source is not part of the construction of a process 
unit; and
    (3) In the next semiannual report required by 40 CFR 65.120(b) and 
65.48(b), the information in paragraph (a)(5) of this section is 
reported.

    43. Tables 1 and 2 are added to the end of subpart V to read as 
follows:

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


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

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

    44. Section 61.270 is amended by adding paragraph (g) to read as 
follows:


Sec. 61.270  Applicability and designation of sources.

* * * * *
    (g) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Secs. 61.271 through 61.277, 
except for Secs. 61.271(d)(2) and 61.274(a) for storage vessels that 
are subject to this subpart. Other provisions applying to owners or 
operators who choose to comply with 40 CFR part 65 are provided in 40 
CFR 65.1.
    (2) Part 61, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Secs. 61.01, 
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for 
those storage vessels. All sections and paragraphs of subpart A of this 
part that are not mentioned in this paragraph (g)(2) do not apply for 
storage vessels complying with 40 CFR part 65, subpart C, except that 
provisions required to be met prior to implementing 40 CFR part 65 
still apply. Owners and operators who choose to comply with 40 CFR part 
65, subpart C, must comply with 40 CFR part 65, subpart A.

    45. Section 61.271 is amended by revising paragraph (d) 
introductory text

[[Page 78284]]

and revising paragraph (d)(2) to read as follows:


Sec. 61.271  Emission standard.

* * * * *
    (d) The owner or operator of each affected storage vessel shall 
meet the requirements of paragraph (a), (b), or (c) of this section or 
Sec. 61.270(g) as follows:
* * * * *
    (2) The owner or operator of each benzene storage vessel upon which 
construction commenced after September 14, 1989 shall meet the 
requirements of paragraph (a), (b), or (c) of this section or 
Sec. 61.270(g) prior to filling (i.e., roof is lifted off leg supports) 
the storage vessel with benzene.
* * * * *

    46. Section 61.274 is amended by revising paragraph (a) to read as 
follows:


Sec. 61.274  Initial report.

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

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

    47. Section 61.300 is amended by revising paragraph (c) and adding 
paragraph (f) to read as follows:


Sec. 61.300  Applicability.

* * * * *
    (c) Comply with standards at each loading rack. Any affected 
facility under paragraph (a) of this section shall comply with the 
standards in Sec. 61.302 or as specified in paragraph (f) of this 
section, if applicable, at each loading rack that is handling a liquid 
containing 70 weight-percent or more benzene.
* * * * *
    (f) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart E, to satisfy the requirements of Secs. 61.302 through 61.306 
for all tank truck or railcar loading racks that are subject to this 
subpart. Loading racks are referred to as transfer racks in 40 CFR part 
65, subpart E. Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. All 
marine vessel loading racks shall comply with the provisions in 
Secs. 61.302 through 61.306.
    (2) Part 61, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart E, must also comply with Secs. 61.01, 
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for 
those loading racks. All sections and paragraphs of subpart A of this 
part that are not mentioned in this paragraph (f)(2) do not apply to 
owners or operators of loading racks complying with 40 CFR part 65, 
subpart E, except that provisions required to be met prior to 
implementing 40 CFR part 65 still apply. Owners and operators who 
choose to comply with 40 CFR part 65, subpart E, must comply with 40 
CFR part 65, subpart A.

PART 63--[AMENDED]

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

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

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

    49. Section 63.110 is amended by adding paragraph (i) to read as 
follows:


Sec. 63.110  Applicability.

* * * * *
    (i) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators of CMPU that are subject to Sec. 63.100 may 
choose to comply with the provisions of 40 CFR part 65 for all Group 1 
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer 
operations, and equipment that are subject to Sec. 63.100, that are 
part of the CMPU. Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. Group 
1 and Group 2 wastewater streams, Group 2 transfer operations, Group 2 
storage vessels, and in-process streams are not eligible to comply with 
40 CFR part 65 and must continue to comply with the requirements of 
this subpart and subpart F of this part.
    (i) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart 
D, satisfies the requirements of Secs. 63.102, 63.103, 63.112 through 
63.118, 63.148, 63.151, and 63.152.
    (ii) For Group 1 storage vessels, 40 CFR part 65, subpart C, 
satisfies the requirements of Secs. 63.102, 63.103, 63.112, 63.119 
through 63.123, 63.148, 63.151, and 63.152.
    (iii) For Group 1 transfer racks, 40 CFR part 65, subpart E, 
satisfies the requirements of Secs. 63.102, 63.103, 63.112, 63.126 
through 63.130, 63.148, 63.151, and 63.152.
    (iv) For equipment, comply with Sec. 65.160(g).
    (2) Part 63, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65 must also comply with the applicable general 
provisions of this part 63 listed in table 1A of this subpart. All 
sections and paragraphs of subpart A of this part that are not 
mentioned in table 1A of this subpart do not apply to owners or 
operators who choose to comply with 40 CFR part 65, except that 
provisions required to be met prior to implementing 40 CFR part 65 
still apply. Owners and operators who choose to comply with a subpart 
of 40 CFR part 65 must comply with 40 CFR part 65, subpart A.

    50. Table 1A is added in numerical order to the appendix to subpart 
G to read as follows:

Appendix to Subpart G--Tables and Figures

  Table 1A to Subpart G.--Applicable 40 CFR Part 63 General Provisions
------------------------------------------------------------------------
      40 CFR part 63, subpart A, provisions applicable to subpart G
-------------------------------------------------------------------------
Sec.  63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec.  63.2
Sec.  63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), (d)(3)(iii)
 through (d)(3)(vi), (d)(4), (e), (f)(1), and (f)(2)
Sec.  63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
 through (i)(14), (i)(16) and (j)

[[Page 78285]]

 
Sec.  63.9(a)(2), (b)(4)(i)\a\, (b)(4)(ii), (b)(4)(iii), (b)(5)\a\, (c),
 (d)
Sec.  63.10(d)(4)
Sec.  63.12(b)
------------------------------------------------------------------------
\a\ The notifications specified in Sec.  63.9(b)(4)(i) and (b)(5) shall
  be submitted at the times specified in 40 CFR part 65.

* * * * *

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

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


Sec. 63.160  Applicability and designation of sources.

* * * * *
    (g) Alternative means of compliance. (1) Option to comply with part 
65. Owners or operators of CMPU that are subject to Sec. 63.100 may 
choose to comply with the provisions of 40 CFR part 65 for all Group 1 
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer 
operations, and equipment that are subject to Sec. 63.100, that are 
part of the CMPU. Other provisions applying to an owner or operator who 
chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
    (i) For equipment, 40 CFR part 65 satisfies the requirements of 
Secs. 63.102, 63.103, and 63.162 through 63.182. When choosing to 
comply with 40 CFR part 65, the requirements of Sec. 63.180(d) continue 
to apply.
    (ii) For Group 1 and Group 2 process vents, Group 1 storage 
vessels, and Group 1 transfer operations, comply with 
Sec. 63.110(i)(1).
    (2) Part 65, subpart C or F. For owners or operators choosing to 
comply with 40 CFR part 65, each surge control vessel and bottoms 
receiver subject to Sec. 63.100 that meets the conditions specified in 
table 2 or table 3 of this subpart shall meet the requirements for 
storage vessels in 40 CFR part 65, subpart C; all other equipment 
subject to Sec. 63.100 shall meet the requirements in 40 CFR part 65, 
subpart F.
    (3) Part 63, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C or F, for equipment subject to 
Sec. 63.100 must also comply with the applicable general provisions of 
this part 63 listed in table 4 of this subpart. All sections and 
paragraphs of subpart A of this part that are not mentioned in table 4 
of this subpart do not apply to owners or operators of equipment 
subject to Sec. 63.100 of subpart F complying with 40 CFR part 65, 
subpart C or F, except that provisions required to be met prior to 
implementing 40 CFR part 65 still apply. Owners and operators who 
choose to comply with 40 CFR part 65, subpart C or F, must comply with 
40 CFR part 65, subpart A.

    52. Section 63.169 is amended by revising paragraph (b) to read as 
follows:


Sec. 63.169  Standards: Pumps, valves, connectors, and agitators in 
heavy liquid service; instrumentation systems; and pressure relief 
devices in liquid service.

* * * * *
    (b) 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 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, a leak is detected.
* * * * *

    53. Section 63.171 is amended by revising paragraph (a) to read as 
follows:


Sec. 63.171  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days is technically infeasible without a 
process unit shutdown. Repair of this equipment shall occur by the end 
of the next process unit shutdown.
* * * * *

    54. Table 4 is added in numerical order to subpart H to read as 
follows:

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


    55. Add part 65 to read as follows:

PART 65--CONSOLIDATED FEDERAL AIR RULE

Subpart A--General Provisions
Sec.
65.1   Applicability.
65.2   Definitions.
65.3   Compliance with standards and operation and maintenance 
requirements.
65.4   Recordkeeping.
65.5   Reporting requirements.
65.6   Startup, shutdown, and malfunction plan and procedures.
65.7   Monitoring, recordkeeping, and reporting waivers and 
alternatives.
65.8   Procedures for approval of alternative means of emission 
limitation.
65.9   Availability of information and confidentiality.
65.10   State authority.
65.11   Circumvention and prohibited activities.
65.12   Delegation of authority.
65.13   Incorporation by reference.
65.14   Addresses.
65.15-65.19   [Reserved]
Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60, 61, and 
63 General Provisions

[[Page 78286]]

Table 2 to Subpart A of Part 65--Applicable Referencing Subpart 
Provisions
Subpart B [Reserved]
Subpart C--Storage Vessels
65.40   Applicability.
65.41   Definitions.
65.42   Control requirements.
65.43   Fixed roof with an internal floating roof (IFR).
65.44   External floating roof (EFR).
65.45   External floating roof converted into an internal floating 
roof.
65.46   Alternative means of emission limitation.
65.47   Recordkeeping provisions.
65.48   Reporting provisions.
65.49-65.59   [Reserved]
Subpart D--Process Vents
65.60   Applicability.
65.61   Definitions.
65.62   Process vent group determination.
65.63   Performance and group status change requirements.
65.64   Group determination procedures.
65.65   Monitoring.
65.66   Recordkeeping provisions.
65.67   Reporting provisions.
65.68-65.79   [Reserved]
Table 1 to Subpart D of Part 65--Concentration for Group 
Determination
Table 2 to Subpart D of Part 65--TRE Parameters for NSPS Referencing 
Subparts
Table 3 to Subpart D of Part 65--TRE Parameters for HON Referencing 
Subparts
Subpart E--Transfer Racks
65.80   Applicability.
65.81   Definitions.
65.82   Design requirements.
65.83   Performance requirements.
65.84   Operating requirements.
65.85   Procedures.
65.86   Monitoring.
65.87   Recordkeeping provisions.
65.88-65.99   [Reserved]
Subpart F--Equipment Leaks
65.100   Applicability.
65.101   Definitions.
65.102   Alternative means of emission limitation.
65.103   Equipment identification.
65.104   Instrument and sensory monitoring for leaks.
65.105   Leak repair.
65.106   Standards: Valves in gas/vapor service and in light liquid 
service.
65.107   Standards: Pumps in light liquid service.
65.108   Standards: Connectors in gas/vapor service and in light 
liquid service.
65.109   Standards: Agitators in gas/vapor service and in light 
liquid service.
65.110   Standards: Pumps, valves, connectors, and agitators in 
heavy liquid service; pressure relief devices in liquid service; and 
instrumentation systems.
65.111   Standards: Pressure relief devices in gas/vapor service.
65.112  Standards: Compressors.
65.113  Standards: Sampling connection systems.
65.114  Standards: Open-ended valves or lines.
65.115  Standards: Closed vent systems and control devices; or 
emissions routed to a fuel gas system or process.
65.116  Quality improvement program for pumps.
65.117  Alternative means of emission limitation: Batch processes.
65.118  Alternative means of emission limitation: Enclosed-vented 
process units.
65.119  Recordkeeping provisions.
65.120  Reporting provisions.
65.121--65.139   [Reserved]
Table 1 to Subpart F of Part 65-- Batch Process Monitoring Frequency 
for Equipment Other Than Connectors
Subpart G--Closed Vent Systems, Control Devices, and Routing to a Fuel 
Gas System or a Process
65.140  Applicability.
65.141   Definitions.
65.142   Standards.
65.143   Closed vent systems.
65.144   Fuel gas systems and processes to which storage vessel, 
transfer rack, or equipment leak regulated material emissions are 
routed.
65.145   Nonflare control devices used to control emissions from 
storage vessels or low-throughput transfer racks.
65.146   Nonflare control devices used for equipment leaks only.
65.147   Flares.
65.148   Incinerators.
65.149   Boilers and process heaters.
65.150   Absorbers used as control devices.
65.151   Condensers used as control devices.
65.152   Carbon adsorbers used as control devices.
65.153   Absorbers, condensers, carbon adsorbers, and other recovery 
devices used as final recovery devices.
65.154   Halogen scrubbers and other halogen reduction devices.
65.155   Other control devices.
65.156   General monitoring requirements for control and recovery 
devices.
65.157   Performance test and flare compliance determination 
requirements.
65.158   Performance test procedures for control devices.
65.159   Flare compliance determination and monitoring records.
65.160   Performance test and TRE index value determination records.
65.161   Continuous records and monitoring system data handling.
65.162   Nonflare control and recovery device monitoring records.
65.163   Other records.
65.164   Performance test and flare compliance determination 
notifications and reports.
65.165   Initial Compliance Status Reports.
65.166   Periodic reports.
65.167   Other reports.
65.168--65.169   [Reserved]

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

Subpart A--General Provisions


Sec. 65.1  Applicability.

    (a) The provisions of this subpart apply to owners or operators 
expressly referenced to this part from a subpart of 40 CFR part 60, 61, 
or 63 for which the owner or operator has chosen to comply with the 
provisions of this part as an alternative to the provisions in the 
referencing subpart as specified in paragraph (b) of this section.
    (b) Owners or operators may choose to comply with this part for any 
regulated source subject to a referencing subpart.
    (c) Compliance with this part instead of the referencing subparts 
does not alter the applicability of the referencing subparts. This part 
applies to only the equipment, process vents, storage vessels, or 
transfer operations to which the referencing subparts apply. This part 
does not extend applicability to equipment, process vents, storage 
vessels, or transfer operations that are not regulated by the 
referencing subpart.
    (d) The provisions of 40 CFR part 60, subpart A; 40 CFR part 61, 
subpart A; and 40 CFR part 63, subpart A, that are listed in table 1 of 
this subpart still apply to owners or operators of regulated sources 
expressly referenced to this part. The owner or operator shall comply 
with the provisions in table 1 of this subpart in the column 
corresponding to the referencing subpart. All provisions of 40 CFR part 
60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart 
A, not expressly referenced in table 1 of this subpart do not apply, 
and the provisions of this part apply instead, except that provisions 
which were required to be met prior to implementation of this part 65 
still apply.
    (e) The provisions of the referencing subparts that are listed in 
table 2 of this subpart still apply to owners or operators of regulated 
sources expressly referenced to this part. The owner or operator shall 
comply with the provisions in table 2 of this subpart in the row 
corresponding to the referencing subpart. All provisions of the 
referencing subparts not expressly referenced in table 2 to this 
subpart do not apply and the provisions of this part apply instead, 
except that provisions which were required to be met prior to 
implementation of this part 65 still apply.
    (f) Implementation date. Owners or operators who choose to comply 
with this part shall comply by the dates specified in paragraph (f)(1) 
of this section, as applicable, and shall meet the requirement in 
paragraph (f)(2) of this section.

[[Page 78287]]

    (1) Owners or operators shall implement this part as specified in 
an implementation schedule or at initial startup. The implementation 
date shall be established by mutual agreement with the Administrator or 
delegated authority. The implementation schedule shall be included in 
the source's title V permit. For non-title V sources, the 
implementation schedule shall be proposed by the source in the Initial 
Notification for Part 65 Applicability as specified in Sec. 65.5(c).
    (2) There shall be no gaps in compliance between compliance with 
the referencing subpart and compliance with this part.
    (g) Transitioning out of this part. Owners or operators who decide 
to no longer comply with this part and to comply with the provisions in 
the referencing subpart instead shall comply with the following, as 
applicable:
    (1) This transition shall be carried out on a date established in a 
title V permit or if the source is not a title V source, by a date 
established by agreement with the Administrator or delegated authority. 
The transition date shall be proposed in a title V permit amendment, or 
for non-title V sources, in a periodic report or separate notice.
    (2) There shall be no gaps in compliance between compliance with 
this part and compliance with the referencing subpart provisions.
    (h) Overlap with other subparts of this part. When provisions of 
another subpart of this part conflict with the provisions of this 
subpart, the provisions of the other subpart shall apply.
    (i) Equipment assignment procedures. If specific items of equipment 
(pumps, compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, surge control vessels, and bottoms receivers) 
that are part of a process unit complying with this part are managed by 
different administrative organizations (for example, different 
companies, affiliates, departments, divisions, etc.), those items of 
equipment may be aggregated with any process unit within the plant 
site.


Sec. 65.2  Definitions.

    All terms used in this part shall have the meaning given them in 
the Act and in this section. If a term is defined both in this section 
and in other parts that reference the use of this part, the term shall 
have the meaning given in this section for purposes of this part. If a 
term is not defined in the Act or in this section, the term shall have 
the meaning given in the referencing subpart for purposes of this part. 
The terms follow:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or his or her authorized 
representative (for example, a State that has been delegated the 
authority to implement the provisions of this part).
    Approved permit program means a State permit program approved by 
the Administrator as meeting the requirements of part 70 of this 
chapter or a Federal permit program established in this chapter 
pursuant to title V of the Act (42 U.S.C. 7661).
    Automated continuous parameter monitoring system means a continuous 
parameter monitoring system that automatically both records the 
measured data and calculates hourly averages.
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems, strip charts, and circular charts.
    Batch process means a process in which the equipment is fed 
intermittently or discontinuously. Processing then occurs in this 
equipment after which the equipment is generally emptied. Examples of 
industries that use batch processes include pharmaceutical production 
and pesticide production.
    Batch product-process equipment train means the collection of 
equipment (for example, connectors, reactors, valves, pumps) configured 
to produce a specific product or intermediate by a batch process.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater. Boiler also means any industrial furnace as defined in 40 CFR 
260.10.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By compound means by individual stream components, not carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (for example, from opened to closed) in 
such a way that the position of the valve cannot be changed without 
breaking the seal.
    Closed vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow inducing devices that transport gas or vapor from an 
emission point to a control device. A closed vent system does not 
include the vapor collection system that is part of any tank truck or 
railcar or the loading arm or hose that is used for vapor return. For 
transfer racks, the closed vent system begins at, and includes, the 
first block valve on the downstream side of the loading arm or hose 
used to convey displaced vapors.
    Closed vent system shutdown means a work practice or operational 
procedure that stops production from a process unit or part of a 
process unit during which it is technically feasible to clear process 
material from a closed vent system or part of a closed vent system 
consistent with safety constraints and during which repairs can be 
effected. An unscheduled work practice or operational procedure that 
stops production from a process unit or part of a process unit for less 
than 24 hours is not a closed vent system shutdown. An unscheduled work 
practice or operational procedure that would stop production from a 
process unit or part of a process unit for a shorter period of time 
than would be required to clear the closed vent system or part of the 
closed vent system of materials and start up the unit, and would result 
in greater emissions than delay of repair of leaking components until 
the next scheduled closed vent system shutdown, is not a closed vent 
system shutdown. The use of spare equipment and technically feasible 
bypassing of equipment without stopping production are not closed vent 
system shutdowns.
    Closed-loop system means an enclosed system that returns process 
fluid to a process.
    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.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Compliance date means the date by which a regulated source is 
required to be in compliance with a relevant standard, limitation, 
prohibition, or any federally enforceable requirement established by 
the Administrator (or a State with an approved permit program) pursuant 
to the Act.
    Connector means flanged, screwed, or other joined fittings used to 
connect two

[[Page 78288]]

pipelines or a pipeline and a piece of equipment. A common connector is 
a flange. Joined fittings welded completely around the circumference of 
the interface are not considered connectors for the purpose of this 
regulation. For the purpose of reporting and recordkeeping, connector 
means joined fittings that are not inaccessible, ceramic, or ceramic-
lined (for example, porcelain, glass, or glass-lined) as described in 
Sec. 65.108(e)(2).
    Continuous parameter monitoring system or CPMS means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Continuous record means documentation, either in hard copy or 
computer-readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 65.161(a).
    Continuous seal means a seal that is designed to form a continuous 
closure that completely covers the space between the wall of the 
storage vessel and the edge of the floating roof. A continuous seal may 
be a vapor-mounted, liquid-mounted, or metallic shoe seal. A continuous 
seal may be constructed of fastened segments so as to form a continuous 
seal.
    Control device means any combustion device, recovery device, or any 
combination of these devices used to comply with this part. Such 
equipment or devices include, but are not limited to, absorbers, carbon 
adsorbers, condensers, incinerators, flares, boilers, and process 
heaters. For process vents (as defined in this section), recovery 
devices are not considered control devices except for the recovery 
devices specified in Sec. 65.63(a)(2)(ii). A fuel gas system is not a 
control device. For a steam stripper, a primary condenser is not 
considered a control device.
    Control system means the combination of the closed vent system and 
the control devices used to collect and control vapors or gases from a 
regulated source.
    Day means a calendar day.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the 
two block valves.
    Ductwork means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Empty or emptying means the removal of the stored liquid from a 
storage vessel. Storage vessels where stored liquid is left on the 
walls, as bottom clingage, or in pools due to bottom irregularities are 
considered empty. Lowering of the stored liquid level, so that the 
floating roof is resting on its legs, as necessitated by normal vessel 
operation (for example, when changing stored material or when 
transferring material out of the vessel for shipment) is not considered 
emptying.
    Equipment means each of the following that is subject to control 
under the referencing subpart: pump, compressor, agitator, pressure 
relief device, sampling connection system, open-ended valve or line, 
valve, connector, and instrumentation system; and any control devices 
or systems used to comply with subpart F of this part.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant that has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method under specified conditions.
    External floating roof or EFR means a pontoon-type (noncontact) or 
double-deck-type (contact) roof that is designed to rest on the stored 
liquid surface in a storage vessel with no fixed roof.
    Failure, EFR (referred to as EFR failure) is defined as any time 
the external floating roof's primary seal has holes, tears, or other 
openings in the shoe, seal fabric, or seal envelope; or the secondary 
seal has holes, tears, or other openings in the seal or the seal 
fabric; or the gaskets no longer close off the stored liquid surface 
from the atmosphere; or a slotted membrane has more than 10 percent 
open area.
    Failure, internal floating roof type A (referred to as IFR type A 
failure) means any time, as determined during visual inspection through 
roof hatches, in which the internal floating roof is not resting on the 
surface of the stored liquid inside the storage vessel and is not 
resting on the leg supports; or there is stored liquid on the floating 
roof; or there are holes, tears, or other openings in the seal or seal 
fabric; or there are visible gaps between the seal and the wall of the 
storage vessel.
    Failure, internal floating roof type B (referred to as IFR type B 
failure) means any time, as determined during internal inspections, the 
internal floating roof's primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or the gaskets no longer close off the stored liquid 
surface from the atmosphere; or a slotted membrane has more than 10 
percent open area.
    Fill or filling means the introduction of liquids into a storage 
vessel, but not necessarily to complete capacity.
    First attempt at repair, for the purposes of subparts F and G of 
this part, means to take action for the purpose of stopping or reducing 
leakage of organic material to the atmosphere, followed by monitoring 
as specified in Sec. 65.104(b) and Sec. 65.143(c), as appropriate, to 
verify whether the leak is repaired, unless the owner or operator 
determines by other means that the leak is not repaired.
    Fixed roof means a roof that is mounted (for example, permanently 
affixed) on a storage vessel in a stationary manner and that does not 
move with fluctuations in stored liquid level.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a roof consisting of an external floating roof 
or an internal floating roof that is designed to rest upon and is 
supported by the stored liquid and is equipped with a continuous seal.
    Flow indicator means a device that indicates whether gas flow is 
present in a line, or whether the valve position would allow gas flow 
to be present in a line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Group 1 process vent means a process vent for which the flow rate 
is greater than or equal to 0.011 standard cubic meter per minute (0.39 
cubic feet per minute); the total concentration is greater than or 
equal to the appropriate value in table 1 of subpart D of this part, 
and the total resource effectiveness index value, calculated according 
to Sec. 65.64(h) is less than or equal to 1.0.
    Group 2A process vent means a process vent that is not Group 1 or

[[Page 78289]]

Group 2B for which monitoring and recordkeeping are required to 
demonstrate a total resource effectiveness index value greater than 
1.0.
    Group 2B process vent means a process vent that is not Group 1 or 
Group 2A for which monitoring and recordkeeping are not required to 
demonstrate a total resource effectiveness index value greater than 
4.0, or which is exempt from control requirements due to the vent 
stream's flow rate, regulated material concentration, or total resource 
effectiveness index value.
    Halogenated vent stream or halogenated stream means, for purposes 
of this part, a vent stream determined to be halogenated by the 
procedures specified in Sec. 65.85(c) for transfer racks and in 
Sec. 65.64(g) for process vents, as applicable.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine 
(Br2), and hydrogen fluoride (HF).
    Hard-piping means pipe or tubing that is manufactured and installed 
using good engineering judgment and standards, such as ASME B31.3, 
Process Piping (available from the American Society of Mechanical 
Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
    High-throughput transfer racks means those transfer racks that 
transfer greater than or equal to a total of 11.8 million liters per 
year (3.12 million gallons per year) of liquid containing regulated 
material.
    In food/medical service means that a piece of equipment in 
regulated material service contacts a process stream used to 
manufacture a Food and Drug Administration-regulated product where 
leakage of a barrier fluid into the process stream would cause any of 
the following:
    (1) A dilution of product quality so that the product would not 
meet written specifications;
    (2) An exothermic reaction that is a safety hazard;
    (3) The intended reaction to be slowed down or stopped; or
    (4) An undesired side reaction to occur.
    In gas/vapor service means that a piece of equipment in regulated 
material service contains a gas or vapor when in operation.
    In heavy liquid service means that a piece of equipment in 
regulated material service is not in gas/vapor service or in light 
liquid service.
    In light liquid service means that a piece of equipment in 
regulated material service contains a liquid that meets the following 
conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20  deg.C (0.04 pounds per square inch 
at 68  deg.F);
    (2) The total concentration of the pure organic compound 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
 deg.C (0.04 pounds per square inch at 68  deg.F) is equal to or 
greater than 20 percent by weight of the total process stream; and
    (3) The fluid is a liquid at operating conditions. (Note: Vapor 
pressures may be determined by standard reference texts or American 
Society for Testing and Materials (ASTM) D-2879, available from 
American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, Pennsylvania 19103; or University Microfilms 
International, 300 North Zeeb Road, Ann Arbor, Michigan 48106.)
    In liquid service means that a piece of equipment in regulated 
material service is not in gas/vapor service.
    In regulated material service means, for the purposes of the 
equipment leak provisions of subpart F of this part, equipment which 
meets the definition of ``in volatile organic compound service,'' ``in 
volatile hazardous air pollutant service,'' ``in benzene service,'' 
``in vinyl chloride service,'' or ``in organic hazardous air pollutant 
service'' as defined in the referencing subpart.
    In vacuum service means that equipment is operating at an internal 
pressure that is at least 5 kilopascals (0.7 pounds per square inch) 
below ambient pressure.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by 
ducts or connections carrying flue gas. This energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Initial startup means, for new or reconstructed sources, the first 
time the source begins production. For additions or changes not defined 
as a new source by an applicable referencing subpart, initial startup 
means the first time additional or changed equipment is put into 
operation. Initial startup does not include operation solely for 
testing equipment. Initial startup does not include subsequent startup 
(as defined in this section) of process units following malfunctions or 
process unit shutdowns. Except for equipment leaks, initial startup 
also does not include subsequent startups (as defined in this section) 
of process units following changes in product for flexible operation 
units or following recharging of equipment in batch operation.
    Instrumentation system means a group of equipment components used 
to condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(for example, composition, pressure, flow). Valves and connectors are 
the predominant type of equipment used in instrumentation systems; 
however, other types of equipment may also be included in these 
systems. Only valves nominally 0.5 inches and smaller in diameter and 
connectors nominally 0.75 inches and smaller in diameter are considered 
instrumentation systems for the purposes of subpart F of this part.
    Intermediate change to monitoring means a modification to federally 
required monitoring involving ``proven technology'' (generally accepted 
by the scientific community as equivalent or better) that is applied on 
a site-specific basis and that may have the potential to decrease the 
stringency of the associated emission limitation or standard. Though 
site-specific, an intermediate change may set a national precedent for 
a source category and may ultimately result in a revision to the 
federally required monitoring. Examples of intermediate changes to 
monitoring include, but are not limited to:
    (1) Use of a continuous monitoring system (CEMS) in lieu of a 
parameter monitoring approach;
    (2) Decreased frequency for non-continuous parameter monitoring or 
physical inspections;
    (3) Changes to quality control requirements for parameter 
monitoring; and
    (4) Use of an electronic data reduction system in lieu of manual 
data reduction.
    Intermediate change to test method means a within-method 
modification to a federally enforceable test method involving ``proven 
technology'' (generally accepted by the scientific community as 
equivalent or better) that is applied on a site-specific basis and that 
may have the potential to decrease the stringency of the associated 
emission limitation or standard. Though site-specific, an intermediate 
change

[[Page 78290]]

may set a national precedent for a source category and may ultimately 
result in a revision to the federally enforceable test method. In order 
to be approved, an intermediate change must be validated according to 
EPA Method 301 (40 CFR part 63, appendix A) to demonstrate that it 
provides equal or improved accuracy or precision. Examples of 
intermediate changes to a test method include, but are not limited to:
    (1) Modifications to a test method's sampling procedure including 
substitution of sampling equipment that has been demonstrated for a 
particular sample matrix; and use of a different impinger absorbing 
solution;
    (2) Changes in sample recovery procedures and analytical 
techniques, such as changes to sample holding times and use of a 
different analytical finish with proven capability for the analyte of 
interest; and
    (3) ``Combining'' a federally required method with another proven 
method for application to processes emitting multiple pollutants.
    Internal floating roof or IFR means a pontoon-type (noncontact) or 
double-deck-type (contact) roof that is designed to rest or float on 
the stored liquid surface inside a storage vessel that has a fixed 
roof.
    Liquid-mounted seal means a foam-or liquid-filled continuous seal 
mounted in contact with the stored liquid.
    Liquids dripping means any visible leakage from a seal including 
dripping, spraying, misting, clouding, and ice formation. Indications 
of liquids dripping include puddling or new stains that are indicative 
of an existing evaporated drip.
    Loading cycle means the time period from the beginning of filling a 
tank truck or railcar until flow to the control device ceases as 
determined by the flow indicator.
    Low-throughput transfer racks means those transfer racks that 
transfer less than a total of 11.8 million liters per year (3.12 
million gallons per year) of liquid containing regulated material.
    Major change to monitoring means a modification to federally 
required monitoring that uses ``unproven technology or procedures'' 
(not generally accepted by the scientific community) or is an entirely 
new method (sometimes necessary when the required monitoring is 
unsuitable). A major change to monitoring may be site-specific or may 
apply to one or more source categories and will almost always set a 
national precedent. Examples of major changes to monitoring include, 
but are not limited to:
    (1) Use of a new monitoring approach developed to apply to a 
control technology not contemplated in the applicable regulation in 
this part;
    (2) Use of a predictive emission monitoring system (PEMS) in place 
of a required continuous emission monitoring system (CEMS);
    (3) Use of alternative calibration procedures that do not involve 
calibration gases or test cells;
    (4) Use of an analytical technology that differs from that 
specified by a performance specification;
    (5) Decreased monitoring frequency for a continuous emission 
monitoring system, continuous opacity monitoring system, predictive 
emission monitoring system, or continuous parameter monitoring system;
    (6) Decreased monitoring frequency for a leak detection and repair 
program; and
    (7) Use of alternative averaging times for reporting purposes.
    Major change to test method means a modification to a federally 
enforceable test method that uses ``unproven technology or procedures'' 
(not generally accepted by the scientific community) or is an entirely 
new method (sometimes necessary when the required test method is 
unsuitable). A major change to a test method may be site-specific or 
may apply to one or more source categories and will almost always set a 
national precedent. In order to be approved, a major change must be 
validated according to EPA Method 301 (40 CFR part 63, appendix A). 
Examples of major changes to a test method include, but are not limited 
to:
    (1) Use of an unproven analytical finish;
    (2) Use of a method developed to fill a test method gap;
    (3) Use of a new test method developed to apply to a control 
technology not contemplated in the applicable regulation in this part; 
and
    (4) Combining two or more sampling/analytical methods (at least one 
unproven) into one for application to processes emitting multiple 
pollutants.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, monitoring 
equipment, process equipment, or a process to operate in a normal or 
usual manner. Failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Malfunctions that do not 
affect a regulated source or compliance with this part are not 
malfunctions for purposes of this part.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and connected to the floating roof 
by braces or other means. A flexible coated fabric (envelope) spans the 
annular space between the metal sheet and the floating roof.
    Minor change to monitoring means:
    (1) A modification to federally required monitoring that:
    (i) Does not decrease the stringency of the compliance and 
enforcement measures of the relevant standard;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation in this part for other 
affected sources, does not set a national precedent, and individually 
does not result in a revision to the monitoring requirements); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns 
of an affected source.
    (2) Examples of minor changes to monitoring include, but are not 
limited to:
    (i) Modifications to a sampling procedure, such as use of an 
improved sample conditioning system to reduce maintenance requirements;
    (ii) Increased monitoring frequency; and
    (iii) Modification of the environmental shelter to moderate 
temperature fluctuation and thus protect the analytical 
instrumentation.
    Minor change to test method means:
    (1) A modification to a federally enforceable test method that:
    (i) Does not decrease the stringency of the emission limitation or 
standard;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation in this part for other 
affected sources, does not set a national precedent, and individually 
does not result in a revision to the test method); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns 
of an affected source.
    (2) Examples of minor changes to a test method include, but are not 
limited to:
    (i) Field adjustments in a test method's sampling procedure, such 
as a modified sampling traverse or location to avoid interference from 
an obstruction in the stack, increasing the sampling time or volume, 
use of additional impingers for a high moisture situation, accepting 
particulate emission results for a test run that was conducted with a 
lower than specified temperature, substitution of a material in the 
sampling train that has been demonstrated to be more inert for the 
sample matrix; and

[[Page 78291]]

    (ii) Changes in recovery and analytical techniques such as a change 
in quality control/quality assurance requirements needed to adjust for 
analysis of a certain sample matrix.
    Nonautomated monitoring and recording system means manual reading 
of values measured by monitoring instruments and manual transcription 
of those values to create a record. Nonautomated systems do not include 
strip charts nor circular charts.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a 
process unit shutdown.
    One-hour period means the 60-minute period commencing on the hour.
    Onsite or on-site means, with respect to records required to be 
maintained by this part, that the records are stored at a location 
within a plant site that encompasses the regulated source. Onsite 
includes, but is not limited to, storage at the regulated source to 
which the records pertain, or storage in central files elsewhere at the 
plant site.
    Open-ended valve or line means any valve except relief valves 
having one side of the valve seat in contact with process fluid and one 
side open to the atmosphere, either directly or through open piping.
    Organic monitoring device means a device used to indicate the 
concentration level of organic compounds based on a detection principle 
such as infrared, photo ionization, or thermal conductivity.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a regulated source or a stationary source of 
which a regulated source is a part.
    Part 70 permit means any permit issued, renewed, or revised 
pursuant to part 70 of this chapter.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified 
in the performance test section of the relevant standard.
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
part 71 of this chapter.
    Permitting authority means one of the following:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this 
chapter.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Polymerizing monomer means, for the purposes of this part, a 
compound which may form polymer buildup in pump mechanical seals 
resulting in rapid mechanical seal failure.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period.
    Pressure relief device or valve means a device used to prevent 
operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either 
by a pressure of less than or equal to 2.5 pounds per square inch gauge 
or by a vacuum are not pressure relief devices.
    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation without the addition of other fuels.
    Process heater means an enclosed combustion device that transfers 
heat liberated by burning fuel directly to process streams or to heat 
transfer liquids other than water. A process heater may, as a secondary 
function, heat water in unfired heat recovery sections.
    Process unit means the equipment specified in the definitions of 
process unit or chemical manufacturing process unit in the applicable 
referencing subpart. If the referencing subpart does not define process 
unit, then, for the purposes of this part, process unit means the 
equipment assembled and connected by pipes or ducts to process raw 
materials and to manufacture an intended product.
    Process unit shutdown means a work practice or operational 
procedure that stops production from a process unit or part of a 
process unit during which it is technically feasible to clear process 
material from a process unit or part of a process unit consistent with 
safety constraints and during which repairs can be effected. An 
unscheduled work practice or operational procedure that stops 
production from a process unit or part of a process unit for less than 
24 hours is not a process unit shutdown. An unscheduled work practice 
or operational procedure that would stop production from a process unit 
or part of a process unit for a shorter period of time than would be 
required to clear the process unit or part of the process unit of 
materials and start up the unit, and would result in greater emissions 
than delay of repair of leaking components until the next scheduled 
process unit shutdown is not a process unit shutdown. The use of spare 
equipment and technically feasible bypassing of equipment without 
stopping production are not process unit shutdowns.
    Process vent means a process vent or vent stream as they are 
defined in the referencing subpart.
    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. Equipment capable of and used for the 
purpose of recovering chemicals, but not normally for use, reuse or 
sale, are not recovery devices but are control devices. 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.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in an applicable subpart, the appendices to 
40 CFR part 60 or 63, or in appendix B of 40 CFR part 61.
    Referencing subpart means 40 CFR part 60, subparts Ka, Kb, VV, DDD, 
III, NNN, and RRR; 40 CFR part 61, subparts V, Y, and BB; and 40 CFR 
part 63, subparts G and H.
    Regulated material means, for the purposes of this part, the 
material regulated by the specific referencing subpart, including 
volatile organic liquids (VOL), volatile organic compounds (VOC), 
organic hazardous air pollutants (HAP's), benzene, vinyl chloride, or 
other chemicals or groups of chemicals.
    Regulated source means, for the purposes of this part, 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

[[Page 78292]]

to this part, or 40 CFR part 60, 61, or 63.
    Relief device or valve means a device or valve used only to release 
an unplanned, nonroutine discharge. A relief device or valve discharge 
can result from an operator error, a malfunction such as a power 
failure or equipment failure, or other unexpected cause that requires 
immediate venting of gas from process equipment in order to avoid 
safety hazards or equipment damage.
    Repaired means, for the purposes of subparts F and G of this part, 
that equipment meets the following conditions:
    (1) Is adjusted, or otherwise altered, to eliminate a leak as 
defined in the applicable section of this part; and
    (2) Unless otherwise specified in applicable provisions of this 
part, is monitored as specified in Sec. 65.104(b) and Sec. 65.143(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.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle 
as specified in this part. Unless otherwise specified, a run may be 
either intermittent or continuous within the limits of good engineering 
practice.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow 
rate, pH, or liquid level.
    Set pressure means, for the purposes of subparts F and G of this 
part, the pressure at which a properly operating pressure relief device 
begins to open to relieve atypical process system operating pressure.
    Shutdown means the cessation of operation of a regulated source 
(for example, chemical manufacturing process unit or a reactor, air 
oxidation reactor, distillation unit) and equipment required or used to 
comply with this part, or the emptying and degassing of a storage 
vessel. Shutdown is defined here for purposes including, but not 
limited to, periodic maintenance, replacement of equipment, or repair. 
Shutdown does not include the routine rinsing or washing of equipment 
in batch operation between batches.
    Simultaneous loading means, for a shared control device, loading of 
regulated materials from more than one transfer arm at the same time so 
that the beginning and ending times of loading cycles coincide or 
overlap and there is no interruption in vapor flow to the shared 
control device.
    Single-seal system means, for the purposes of subpart C of this 
part, a floating roof having one continuous seal. This seal may be a 
vapor-mounted, liquid-mounted, or metallic shoe seal.
    Specific gravity monitoring device means a unit of equipment used 
to monitor specific gravity and having a minimum accuracy of 
0.02 specific gravity units.
    Startup means the setting into operation of a regulated source (for 
example, chemical manufacturing process unit or a reactor, air 
oxidation reactor, distillation unit, a storage vessel after emptying 
and degassing) and/or equipment required or used to comply with this 
part. Startup includes initial startup, operation solely for testing 
equipment, the recharging of equipment in batch operation, and 
transitional conditions due to changes in product for flexible 
operation units.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and statewide programs, that have delegated 
authority to implement the provisions of this part; the referencing 
subparts; and/or the permit program established under part 70 of this 
chapter. The term State shall have its conventional meaning where clear 
from the context.
    Steam jet ejector means a steam nozzle that discharges a high-
velocity jet across a suction chamber that is connected to the 
equipment to be evacuated.
    Stuffing box pressure means the fluid (liquid or gas) pressure 
inside the casing or housing of a piece of equipment, on the process 
side of the inboard seal.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit (as defined in the specific subpart that references this part) 
when in-process storage, mixing, or management of flow rates or volumes 
is needed to assist in production of a product.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 1.2 degrees Celsius ( deg.C), whichever is greater.
    Title V permit means any permit issued, renewed, or revised 
pursuant to Federal or State regulations established under 40 CFR part 
70 or 71 to implement title V of the Act (42 U.S.C. 7661).
    Total organic compounds or TOC means those compounds measured 
according to the procedures specified in Sec. 65.64(c) and 
Sec. 65.158(b)(3)(ii)(A), as applicable. Those compounds that the 
Administrator has determined do not contribute appreciably to the 
formation of ozone and that are specifically excluded from the 
definition of volatile organic compound at 40 CFR 51.100(s), as 
amended, are to be excluded for the purposes of measuring the hourly 
emission rate as required in Sec. 65.64(f) for process vents subject to 
subpart III, NNN, or RRR of part 60 of this chapter.
    Total resource effectiveness index value or TRE index value means a 
calculated value used to determine whether control is required for a 
process vent. It is based on process vent flow rate, emission rate of 
regulated material, net heating value, and corrosion properties 
(halogenated compound content), as quantified by the equations given 
under Sec. 65.64(h).
    Vapor balancing system means a piping system that is designed to 
collect regulated material vapors displaced from tank trucks or 
railcars during loading and to route the collected regulated material 
vapors to the storage vessel from which the liquid being loaded 
originated, or to another storage vessel connected by a common header; 
or to compress and route to a process or a fuel gas system the 
collected regulated material vapors.
    Vapor-mounted seal means a continuous seal that is mounted so that 
there is a vapor space between the stored liquid and the bottom of the 
seal.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.


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

    (a) Requirements. (1) Except as provided in paragraph (a)(2) of 
this section, the emission standards and established parameter ranges 
of this part

[[Page 78293]]

shall apply at all times except during periods of startup, shutdown (as 
defined in Sec. 65.2), malfunction, or nonoperation of the regulated 
source (or specific portion thereof) resulting in cessation of the 
emissions to which this part applies. However, if a startup, shutdown, 
malfunction, or period of nonoperation of one portion of a regulated 
source does not affect the ability of a particular emission point to 
comply with the specific provisions to which it is subject, then that 
emission point shall still be required to comply with the applicable 
provisions of this part during the startup, shutdown, malfunction, or 
period of nonoperation. For example, if there is an over pressure in 
the reactor area, a storage vessel in a chemical manufacturing process 
unit would still be required to be controlled in accordance with 
subpart C of this part. Similarly, the degassing of a storage vessel 
would not affect the ability of a process vent to meet the requirements 
of subpart D or G of this part.
    (2) Sections 65.106 through 65.118 shall apply at all times except 
during periods of startup or shutdown (as defined in Sec. 65.2), 
malfunction, process unit shutdown (as defined in Sec. 65.2), or 
nonoperation of the regulated source (or specific portion thereof) in 
which the lines are drained and depressurized resulting in cessation of 
the emissions to which subpart F of this part applies.
    (3) During startups, shutdowns, and malfunctions when the emission 
standards of this part do not apply pursuant to paragraphs (a)(1) and 
(2) of this section, the owner or operator shall implement, to the 
extent reasonably available, measures to prevent or minimize emissions 
in excess of those that would have occurred if there were no startup, 
shutdown, or malfunction and the owner or operator complied with the 
relevant provisions of this part. The measures to be taken shall be 
identified in the applicable startup, shutdown, and malfunction plan 
and may include, but are not limited to, air pollution control 
technologies, recovery technologies, work practices, pollution 
prevention, monitoring, and/or changes in the manner of operation of 
the regulated source. Backup control devices are not required but may 
be used if available. This paragraph (a)(3) does not apply to Group 2A 
or Group 2B process vents.
    (4) Malfunctions shall be corrected as soon as practical after 
their occurrence in accordance with the startup, shutdown, and 
malfunction plan required in Sec. 65.6(a). This paragraph (a)(4) does 
not apply to Group 2A or Group 2B process vents.
    (5) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (b) Compliance determination procedures.--(1) Parameter monitoring: 
Compliance with operating conditions. The parameter monitoring data for 
emission points that are required to perform continuous monitoring 
shall be used to determine compliance with the required operating 
conditions for the monitored control devices or recovery devices. For 
each excursion, except for excused excursions and as provided for in 
paragraph (b)(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. Excused excursions are provided for 
in Sec. 65.156(d)(2).
    (2) Parameter monitoring: Excursions. If the conditions of 
paragraph (b)(2)(i) or (ii) of this section are met, an excursion is 
not a violation and, in cases where continuous monitoring is required, 
the excursion does not count toward the number of excused excursions. 
Nothing in this paragraph (b)(2) shall be construed to allow or excuse 
a monitoring parameter excursion caused by any activity that violates 
other applicable provisions of this part.
    (i) During periods of startup, shutdown, or malfunction (and the 
source is operated during such periods in accordance with the source's 
startup, shutdown, and malfunction plan as required by Sec. 65.6(a)), a 
monitoring parameter is outside its established range or monitoring 
data cannot be collected; or
    (ii) During periods of nonoperation of the regulated source or 
portion thereof (resulting in cessation of the emissions to which the 
monitoring applies).
    (3) Operation and maintenance procedures. Determination of whether 
acceptable operation and maintenance procedures are being used will be 
based on information available to the Administrator that may include, 
but is not limited to, monitoring results, review of operation and 
maintenance procedures (including the startup, shutdown, and 
malfunction plan, if applicable, required in Sec. 65.6(a), as 
applicable), review of operation and maintenance records, inspection of 
the regulated source, and alternatives approved as specified in 
Sec. 65.7.
    (4) Emissions standards. Paragraphs (b)(4)(i) and (ii) of this 
section shall govern the use of data, tests, and requirements to 
determine compliance with emissions standards. Paragraphs (b)(4)(i) and 
(ii) do not apply to Group 2A or Group 2B process vents. Compliance 
with design, equipment, work practice, and operational standards, 
including those for equipment leaks, shall be determined according to 
paragraph (b)(5) of this section.
    (i) Performance test. The Administrator will determine compliance 
with emission standards of this part based on the results of 
performance tests conducted according to the procedures specified in 
subpart G of this part, unless otherwise specified in a subpart of this 
part.
    (ii) Operation and maintenance requirements. The Administrator will 
determine compliance with emission standards of this part by evaluation 
of an owner or operator's conformance with operation and maintenance 
requirements, including the evaluation of monitoring data, as specified 
in subparts of this part.
    (5) Design, equipment, work practice, or operational standards. 
Paragraphs (b)(5)(i) and (ii) do not apply to Group 2A or Group 2B 
process vents.
    (i) Records and inspection. The Administrator will determine 
compliance with design, equipment, work practice, or operational 
standards by review of records, inspection of the regulated source, and 
other procedures specified in this part.
    (ii) Operation and maintenance. The Administrator will determine 
compliance with design, equipment, work practice, or operational 
standards by evaluation of an owner or operator's conformance with 
operation and maintenance requirements as specified in paragraph (a) of 
this section, in other subparts of this part, and in applicable 
provisions of Sec. 65.6(b).
    (c) Finding of compliance. The Administrator will make a finding 
concerning a regulated source's compliance with an emission standard, 
design standard, work practice, operational standard or operating and 
maintenance requirement as specified in paragraphs (a) and (b) of this 
section upon obtaining all the compliance information required by the 
relevant standard (including the written reports of performance test 
results, monitoring results, and other information, if applicable) and 
any information available to the Administrator needed to determine 
whether proper operation and maintenance practices are being used. 
Standards in this part and methods of determining compliance are given 
in metric units followed by the equivalents in English units. The 
Administrator will make findings of

[[Page 78294]]

compliance with the standards of this part using metric units.
    (d) Compliance times. All terms that define a period of time for 
completion of required tasks (for example, weekly, monthly, quarterly, 
annually) unless specified otherwise in the section or paragraph that 
imposes the requirement refer to the standard calendar periods.
    (1) Notwithstanding time periods specified for completion of 
required tasks, time periods may be changed by mutual agreement between 
the owner or operator and the Administrator as specified in 
Sec. 65.5(h)(3) (for example, a period could begin on the compliance 
date or another date, rather than on the first day of the standard 
calendar period). For each time period that is changed by agreement, 
the revised period applies 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 the following paragraphs, as appropriate:
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs if there 
remain at least 3 days for tasks that must be performed weekly, at 
least 2 weeks for tasks that must be performed monthly, at least 1 
month for tasks that must be performed each quarter, or at least 3 
months for tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the 
end of the first full standard calendar period after the period within 
which the initial compliance deadline occurs.
    (3) In all instances where a provision requires completion of a 
task during each of multiple successive periods, an owner or operator 
may perform the required task at any time during the specified period 
provided the task is conducted at a reasonable interval after 
completion of the task during the previous period.


Sec. 65.4  Recordkeeping.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or operator of 
each regulated source subject to this part shall keep copies of 
notifications, reports, and records required by this part for the 
length of time specified in the following, as applicable:
    (1) If an owner or operator is required to obtain or operate a 
regulated source under a title V permit, then all applicable 
notifications, reports, and records for that regulated source shall be 
maintained for at least 5 years, except for the records required in 
Sec. 65.47(b) for storage vessel capacity, Sec. 65.104(e)(2) for valve 
and connector monitoring, and Sec. 65.163(d)(1) for closed vent system 
design specifications.
    (2) If an owner or operator is not required to obtain or operate a 
regulated source under a title V permit, then all notifications, 
reports, and records for that regulated source required by this part 
shall be maintained for at least 2 years, except for the records 
required in Sec. 65.47(b) for storage vessel capacity, 
Sec. 65.104(e)(2) for valve and connector monitoring, and 
Sec. 65.163(d)(1) for closed vent system design specifications.
    (b) Copies of reports. If an owner or operator submits reports to 
the applicable EPA Regional Office, the owner or operator is not 
required to maintain copies of those reports. If the EPA Regional 
Office has waived the requirement of Sec. 65.5(g)(1) for submittal of 
copies of reports, the owner or operator is not required to maintain 
copies of the waived reports. Paragraph (b) of this section applies 
only to reports and not the underlying records which must be maintained 
as specified throughout this part.
    (c) Availability of records. All applicable records shall be 
maintained in such a manner that they can be readily accessed and are 
suitable for inspection as specified in the following:
    (1) Except as specified in paragraph (c)(2) of this section, 
records of the most recent 2 years shall be retained onsite or shall be 
accessible to an inspector while onsite. The records of the remaining 3 
years, where required, may be retained offsite.
    (2) For sources referenced to this part from 40 CFR part 63, 
subpart G or H, the most recent 6 months of records shall be retained 
on site or shall be accessible to an inspector while onsite from a 
central location by computer or other means that provides access within 
2 hours after a request. The remaining 4 and one-half years of records, 
where required, may be retained offsite.
    (3) Records specified in paragraph (c)(1) or (2) of this section 
may be maintained in hard copy or computer-readable form including, but 
not limited to, on paper, microfilm, computer, computer disk, magnetic 
tape, or microfiche.


Sec. 65.5  Reporting requirements.

    (a) Required reports. Each owner or operator of a regulated source 
subject to this subpart shall submit the following reports, as 
applicable:
    (1) A Notification of Initial Startup described in paragraph (b) of 
this section.
    (2) An Initial Notification for Part 65 Applicability described in 
paragraph (c) of this section.
    (3) An Initial Compliance Status Report described in paragraph (d) 
of this section.
    (4) Periodic reports described in paragraph (e) of this section.
    (5) Other reports shall be submitted as specified elsewhere in this 
part.
    (6) Startup, Shutdown, and Malfunction Reports described in 
Sec. 65.6(c).
    (b) Notification of Initial Startup. (1) Contents. Any owner or 
operator of a regulated source which elects to comply with this part at 
initial startup shall send the Administrator written notification of 
the actual date of initial startup of a regulated source.
    (2) Due date. The notification of the actual date of initial 
startup shall be postmarked within 15 days after such date.
    (c) Initial Notification for Part 65 Applicability. Owners or 
operators of regulated sources that have been subject to a 40 CFR part 
60, 61, or 63 standard, and who wish to comply with this part, and who 
are not operating the regulated source under an approved title V permit 
shall notify the Administrator of their intent. The notice shall 
include the information specified in paragraphs (c)(1) through (7) of 
this section, as applicable, and may accompany the application for a 
construction permit for the regulated source. This notification may be 
waived by the Administrator.
    (1) Identification of the storage vessels subject to subpart C of 
this part.
    (2) Identification of the process vents subject to subpart D of 
this part, including process vent group status as specified in 
Sec. 65.62(a).
    (3) Identification of the process vents subject to 40 CFR part 60, 
subpart DDD, complying with requirements of subpart G of this part.
    (4) Identification of the transfer racks subject to subpart E of 
this part.
    (5) For equipment leaks, identification of the process units 
subject to subpart F of this part.
    (6) The proposed implementation schedule specified in 
Sec. 65.1(f)(1) for sources identified in paragraphs (c)(1) through (5) 
of this section.
    (7) Process unit identification. As an alternative to requirements 
specified in paragraphs (c)(1) through (4) of this section, the process 
units can be identified instead of the individual pieces of equipment. 
For this alternative, the kind of emission point

[[Page 78295]]

in the process unit that will comply must also be identified.
    (d) Initial Compliance Status Report--(1) Contents. The owner or 
operator shall submit an Initial Compliance Status Report for each 
regulated source subject to this part containing the information 
specified in the subparts of this part. Unless the required information 
has already been submitted under requirements of the applicable 
referencing subpart, this information can be submitted as part of a 
title V permit application or amendment.
    (2) Due date. The owner or operator shall submit the Initial 
Compliance Status Report for each regulated source within 240 days 
after the applicable compliance date specified in the referencing 
subparts, or within 60 days after the completion of the initial 
performance test or initial compliance determination, whichever is 
earlier. Initial compliance Status Reports may be combined for multiple 
regulated sources as long as the due date requirements for all sources 
covered in the combined report are met.
    (e) Periodic reports. The owner or operator of a source subject to 
monitoring requirements of this part or to other requirements of this 
part where periodic reporting is specified, shall submit a periodic 
report.
    (1) Contents. Periodic reports shall include all information 
specified in subparts of this part.
    (2) Due date. The periodic report shall be submitted semiannually 
no later than 60 calendar days after the end of each 6-month period. 
The first report shall be submitted as specified in the following, as 
applicable:
    (i) The first report shall be submitted no later than the last day 
of the month that includes the date 8 months after the date the source 
became subject to this part or since the last part 60, 61, or 63 
periodic report was submitted for the applicable requirement, whichever 
is earlier.
    (ii) For sources electing to comply with the CAR at initial 
startup, the first report shall cover the 6 months after the Initial 
Compliance Status Report is due. The first report shall be submitted no 
later than the last day of the month that includes the date 8 months 
after the Initial Compliance Status Report is due.
    (3) Overlap with title V reports. Information required by this 
part, which is submitted with a title V periodic report, need not also 
be included in a subsequent periodic report required by this part. The 
title V report shall be referenced in the periodic report required by 
this part.
    (f) General report content. All reports and notifications submitted 
pursuant to this part, including reports that combine information from 
this part and a referencing subpart, shall include the following 
information:
    (1) The name, address, and telephone number (fax number may also be 
provided) of the owner or operator.
    (2) The name, address and telephone number of the person to whom 
inquiries should be addressed, if different than the owner/operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each regulated source covered in the 
submission and identification of which subparts (referencing subparts 
and this part 65) options from this part are applicable to that 
regulated source. Summaries and groupings of this information are 
permitted.
    (g) Report and notification submission--(1) Submission. All reports 
and notifications required under this part shall be sent to the 
Administrator at the appropriate EPA Regional Office and to the 
delegated State authority, except that requests for permission to use 
an alternative means of emission limitation as provided for in 
Sec. 65.8(a) shall be submitted to the Director of the EPA Office of 
Air Quality Planning and Standards, U.S. Environmental Protection 
Agency, MD-10, Research Triangle Park, North Carolina, 27711. The EPA 
Regional Office may waive the requirement to receive a copy of any 
reports or notifications at its discretion.
    (2) Submission of copies. If any State requires a notice that 
contains all the information required in a report or notification 
listed in this part, an owner or operator may send the appropriate EPA 
Regional Office a copy of the report or notification sent to the State 
to satisfy the requirements of this part for that report or 
notification.
    (3) Method of submission. Wherever this subpart specifies 
``postmark'' dates, submittals may be sent by methods other than the 
U.S. Mail (for example, by fax or courier). Submittals shall be sent on 
or before the specified date.
    (4) Submission by electronic media. If acceptable to both the 
Administrator and the owner or operator of a source, reports may be 
submitted on electronic media.
    (h) Adjustment to timing of submittals and review of required 
communications--(1) Alignment with title V submission. An owner or 
operator may submit periodic reports required by this part on the same 
schedule as the title V periodic report for the facility. The owner or 
operator using this option need not obtain prior approval, but must 
assure no reporting gaps from the last periodic report for the relevant 
standards. The owner or operator shall clearly identify the change in 
reporting schedule in the first report filed under paragraph (h) of 
this section. The requirements of paragraph (e) of this section are not 
waived when implementing this change.
    (2) Request for adjustment. An owner or operator may arrange by 
mutual agreement (which may be a standing agreement) with the 
Administrator a common schedule on which periodic reports required by 
this part shall be submitted throughout the year as long as the 
reporting period is not extended. An owner or operator who wishes to 
request a change in a time period or postmark deadline for a particular 
requirement shall request the adjustment in writing as soon as 
practical before the subject activity is required to take place. The 
owner or operator shall include in the request whatever information he 
or she considers useful to convince the Administrator that an 
adjustment is warranted. A request for a change to the periodic 
reporting schedule need only be made once for every schedule change and 
not once for every semiannual report submitted.
    (3) Approval of request for adjustment. If, in the Administrator's 
judgment, an owner or operator's request for an adjustment to a 
particular time period or postmark deadline is warranted, the 
Administrator will approve the adjustment. The Administrator will 
notify the owner or operator in writing of approval or disapproval of 
the request for an adjustment within 15 calendar days of receiving 
sufficient information to evaluate the request.
    (4) Notification of delay. If the Administrator is unable to meet a 
specified deadline, the owner or operator will be notified of any 
significant delay and informed of the amended schedule.
    (i) Unless already submitted in a previous report, an owner or 
operator shall report in a title V permit application or as otherwise 
specified by the permitting authority, the information listed in 
paragraphs (i)(1) through (5) of this section. This information shall 
be submitted to the Administrator if the regulated source is not a 
title V source.
    (1) A list designating each emission point complying with subparts 
C through G of this part and whether each process vent is Group 1, 
Group 2A, or Group 2B.
    (2) The control technology or method of compliance that will be 
applied to each emission point.

[[Page 78296]]

    (3) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in subparts C 
through G of this part that are applicable to each emission point will 
be implemented beginning on the date of compliance as specified in the 
referencing subpart.
    (4) The monitoring information in Sec. 65.162(e) if, for any 
emission point, the owner or operator of a source seeks to comply 
through use of a control technique other than those for which 
monitoring parameters are specified in Secs. 65.148 through 65.154.
    (5) Any requests for alternatives to the continuous operating 
parameter monitoring and recordkeeping provisions, as specified in 
Sec. 65.162(d).


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

    (a) Paragraphs (b) and (c) of this section do not apply to Group 2A 
or Group 2B process vents.
    (b) Startup, shutdown, and malfunction plan. (1) Description and 
purpose of plan. The owner or operator of a regulated source shall 
develop and implement a written startup, shutdown, and malfunction plan 
that describes, in detail, procedures for operating and maintaining the 
regulated source during periods of startup, shutdown, and malfunction 
and a program of corrective action for malfunctioning process and air 
pollution control equipment used to comply with the relevant standard. 
The plan shall also address routine or otherwise predictable CPMS 
malfunctions. This plan shall be developed by the owner or operator by 
the regulated source's implementation date as specified in 
Sec. 65.1(f), or for sources referenced from 40 CFR part 63, subpart F, 
by the compliance date specified in that subpart. The requirement to 
develop and implement this plan shall be incorporated into the source's 
title V permit. This requirement is optional for equipment that must 
comply with subpart F of this part. It is not optional for equipment 
equipped with a closed vent system and control device subject to 
subpart G of this part. The purposes of the startup, shutdown, and 
malfunction plan are described in the following:
    (i) To ensure that owners or operators are prepared to correct 
malfunctions as soon as practical after their occurrence in order to 
minimize excess emissions of regulated material (excess emissions are 
defined in Sec. 65.3(a)(4)); and
    (ii) To reduce the reporting burden associated with periods of 
startup, shutdown, and malfunction (including corrective action taken 
to restore malfunctioning process and air pollution control equipment 
to its normal or usual manner of operation).
    (2) Operation of source. During periods of startup, shutdown, and 
malfunction, the owner or operator of a regulated source shall operate 
and maintain such source (including associated air pollution control 
equipment and CPMS) in accordance with the procedures specified in the 
startup, shutdown, and malfunction plan developed under paragraph 
(b)(1) of this section.
    (3) Use of additional procedures. To satisfy the requirements of 
this section to develop a startup, shutdown, and malfunction plan, the 
owner or operator may use the regulated source's standard operating 
procedures (SOP) manual, or an Occupational Safety and Health 
Administration (OSHA) or other plan, provided the alternative plans 
meet all the requirements of this section and are made available for 
inspection when requested by the Administrator.
    (4) Revisions to the plan. Based on the results of a determination 
made under Sec. 65.3(b)(3), the Administrator may require that an owner 
or operator of a regulated source make changes to the startup, 
shutdown, and malfunction plan for that source. The Administrator may 
require reasonable revisions to a startup, shutdown, and malfunction 
plan, if the Administrator finds that the plan is inadequate as 
specified in the following:
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the regulated source 
that has occurred; or
    (ii) Fails to provide for the operation of the regulated source 
(including associated air pollution control equipment and CPMS) during 
a startup, shutdown, and malfunction event in a manner consistent with 
good air pollution control practices for minimizing emissions to the 
extent practical; or
    (iii) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control equipment as 
quickly as practicable; or
    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical as specified and defined in 
Sec. 65.3(a)(4).
    (5) Additional malfunction plan requirements. If the startup, 
shutdown, and malfunction plan fails to address or inadequately 
addresses an event that meets the characteristics of a malfunction but 
was not included in the startup, shutdown, and malfunction plan at the 
time the owner or operator developed the plan, the owner or operator 
shall revise the startup, shutdown, and malfunction plan within 45 days 
after the event to include detailed procedures for operating and 
maintaining the regulated source during similar malfunction events, and 
a program of corrective action for similar malfunctions of process or 
air pollution control equipment or CPMS.
    (6) Retain plan on site. The current plan must be kept on site at 
all times.
    (c) Periodic startup, shutdown, and malfunction reports. During the 
reporting period, reports shall only be required for startup, shutdown, 
and malfunction during which excess emissions as defined in 
Sec. 65.3(a)(4) occur. A startup, shutdown, and malfunction report can 
be submitted as part of a periodic report required under Sec. 65.5(e), 
or on a more frequent basis if specified otherwise in a relevant 
standard or as established otherwise by the permitting authority in the 
source's title V permit. The startup, shutdown, and malfunction report 
shall be delivered or postmarked by the 30th day following the end of 
each calendar half (or other calendar reporting period, as 
appropriate), unless the information is submitted with the periodic 
report. The report shall include the following information, as 
appropriate:
    (1) The name, title, and signature of the owner or operator or 
other responsible official certifying its accuracy.
    (2) The number of startup, shutdown, malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period.
    (3) If actions taken by an owner or operator during a startup, 
shutdown, and malfunction of a regulated source, or of a control device 
or monitoring system required for compliance (including actions taken 
to correct a malfunction) are consistent with the procedures specified 
in the source's startup, shutdown, and malfunction plan, then the owner 
or operator shall state such information in a startup, shutdown, and 
malfunction report.
    (4) If at 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, as defined in 
Sec. 65.3(a)(4), is not consistent with the procedures specified in the 
regulated source's startup, shutdown, and malfunction plan, the owner 
or operator shall report the actions taken for that event as part of 
the periodic report. The report shall explain the circumstances of the 
event, the reasons for not following the startup, shutdown, and 
malfunction plan, and whether any

[[Page 78297]]

excess emissions and/or parameter monitoring exceedances are believed 
to have occurred.


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

    (a) Waiver of recordkeeping or reporting requirements.--(1) Waiver 
application. The owner or operator may apply for a waiver from 
recordkeeping or reporting requirements if the regulated source is 
achieving the relevant standard(s), or the source is operating under an 
extension of compliance under 40 CFR 63.6(i), or a waiver of compliance 
under 40 CFR 61.10(b), or the owner or operator has requested an 
extension or waiver of compliance and the Administrator is still 
considering that request. The waiver application shall be submitted in 
writing to the Administrator.
    (2) Extension of compliance request. If an application for a waiver 
of recordkeeping or reporting is made, the application shall accompany 
the request for an extension of compliance under 40 CFR 63.6(i) or the 
request for a waiver of compliance under 40 CFR 61.10(b), any required 
compliance progress report or compliance status report required in the 
source's title V permit application or a permit modification 
application, or a periodic report required under this part, whichever 
is applicable. The application shall include whatever information the 
owner or operator considers useful to convince the Administrator that a 
waiver of recordkeeping or reporting is warranted.
    (3) Approval or denial of waiver. The Administrator will approve or 
deny a request for a waiver of recordkeeping or reporting requirements 
when performing one of the following actions:
    (i) Approves or denies an extension of compliance under 40 CFR 
63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or
    (ii) Makes a determination of compliance following the submission 
of a required compliance status report or periodic report; or
    (iii) Makes a determination of suitable progress toward compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (4) Waiver conditions. A waiver of any recordkeeping or reporting 
requirement granted under this paragraph (a) may be conditioned on 
other recordkeeping or reporting requirements deemed necessary by the 
Administrator.
    (5) Waiver cancellation. Approval of any waiver granted under this 
section shall not abrogate the Administrator's authority under the Act 
or in any way prohibit the Administrator from later canceling the 
waiver. The cancellation will be made only after notice is given to the 
owner or operator of the regulated source.
    (b) Requests for approval of alternative monitoring or 
recordkeeping. An owner or operator may submit a written request for 
approval to use alternatives to the monitoring or recordkeeping 
provisions of this part. For process vents and transfer racks, except 
low-throughput transfer racks, the provisions in paragraph (c) of this 
section shall govern the review and approval of requests. In addition, 
the application shall include information justifying the owner or 
operator's request for an alternative monitoring or recordkeeping 
method, such as the technical or economic infeasibility, or the 
impracticality, of the regulated source using the required method. For 
storage vessels and low throughput transfer racks, owners and operators 
shall comply with the requirements of Sec. 65.145(b) for preparing and 
submitting a design evaluation. For equipment leaks, owners and 
operators shall comply with the recordkeeping requirements of 
Sec. 65.163(d).
    (c) Approval or denial of request to use alternative monitoring or 
recordkeeping. The Administrator will notify the owner or operator of 
approval or intention to deny approval of the request to use an 
alternative monitoring or recordkeeping method within 90 calendar days 
after receipt of the original request and within 30 calendar days after 
receipt of any supplementary information that is submitted. Before 
disapproving any request to use an alternative method, the 
Administrator will notify the applicant of the Administrator's 
intention to disapprove the request together with the following:
    (1) Notice of the information and findings on which the intended 
disapproval is based; and
    (2) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of the 
intention to disapprove the request, the Administrator will specify how 
much time the owner or operator will have after being notified of the 
intended disapproval to submit the additional information.
    (d) Use of an alternative monitoring or recordkeeping method. (1) 
The owner or operator of a regulated source is subject to the 
monitoring and recordkeeping requirements of the relevant standard 
unless permission to use an alternative monitoring or recordkeeping 
method requested under paragraph (b) of this section or Sec. 65.162(d) 
has been granted by the Administrator. Once an alternative is approved, 
the owner or operator shall use the alternative for the emission points 
or regulated sources cited in the approval and shall meet the 
monitoring and recordkeeping requirements of the relevant standard for 
all other emission points or regulated sources.
    (2) If the Administrator approves the use of an alternative 
monitoring or recordkeeping method for a regulated source under 
paragraph (c) of this section, the owner or operator of such source 
shall continue to use the alternative monitoring or recordkeeping 
method unless he or she receives approval from the Administrator to use 
another method.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring or recordkeeping method, 
requirement, or procedure, the Administrator may require the use of a 
method, requirement, or procedure specified in the relevant standard. 
If the results of the specified and alternative methods, requirements, 
or procedures do not agree, the results obtained by the specified 
method, requirement, or procedure shall prevail.


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

    (a) Alternative means of emission limitation. An owner or operator 
may request a determination of equivalence for an alternative means of 
emission limitation to the requirements of design, equipment, work 
practice, or operational standards of this part. If, in the judgment of 
the Administrator, an alternative means of emission limitation will 
achieve a reduction in regulated material emissions at least equivalent 
to the reduction in emissions from that source achieved under any 
design, equipment, work practice, or operational standards (but not 
performance standards) in this part, the Administrator will publish in 
the Federal Register a notice permitting the use of the alternative 
means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any such notice shall be published only after public notice and 
an opportunity for a hearing.
    (b) Content of submittal. (1) In order to obtain approval, any 
person seeking permission to use an alternative means of compliance 
under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves

[[Page 78298]]

equivalent emission reductions. An owner or operator seeking permission 
to use an alternative means of compliance who has not previously 
performed testing shall also submit a proposed test plan. If the owner 
or operator seeks permission to use an alternative means of compliance 
based on previously performed testing, they shall submit the results of 
that testing, a description of the procedures followed in testing or 
monitoring, and a description of pertinent conditions during testing or 
monitoring.
    (2) The owner or operator who requests an alternative means of 
emission limitation shall submit a description of the proposed testing, 
monitoring, recordkeeping, and reporting that will be used and the 
proposed basis for demonstrating compliance.
    (3) For storage vessels, the owner or operator shall include the 
results of actual emissions tests using full-size or scale-model 
storage vessels that accurately collect and measure all regulated 
material emissions using a given control technique, and that accurately 
simulate wind and account for other emission variables such as 
temperature and barometric pressure, or an engineering analysis that 
the Administrator determines is an accurate method of determining 
equivalence.
    (4) For proposed alternatives to equipment leak requirements, the 
owner or operator shall also submit the information and meet the 
requirements for alternative means of emission limitation specified in 
Sec. 65.102(b) (alternative means of emission limitation).
    (c) Manufacturers of equipment used to control equipment leaks of a 
regulated material may request a determination of equivalence for an 
alternative means of emission limitation for equipment leaks, as 
specified in Sec. 65.102(c).
    (d) Compliance. If the Administrator makes a determination that a 
means of emission limitation is a permissible alternative to the 
requirements of design, equipment, work practice, or operational 
standards of this part, the owner or operator shall either comply with 
the alternative or comply with the requirements of this part.


Sec. 65.9  Availability of information and confidentiality.

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


Sec. 65.10  State authority.

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


Sec. 65.11  Circumvention and prohibited activities.

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


Sec. 65.12  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under sections 111(c) and 112(l) of the Act, the authorities 
contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.
    (b) Authorities that will not be delegated to States: Secs. 65.8, 
65.46, 65.102, 65.156(b)(l)(ii), and 65.158(a)(2)(ii).


Sec. 65.13  Incorporation by reference.

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice

[[Page 78299]]

of any change in these materials will be published in the Federal 
Register. The materials are available for purchase at the corresponding 
addresses noted in paragraph (b) of this section, and all are available 
for inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW, Suite 700, Washington, DC; at the Air and Radiation Docket 
and Information Center, U.S. EPA, 401 M Street, SW., Washington, DC; 
and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North 
Carolina.
    (b) The materials listed in this paragraph (b) are available for 
purchase from at least one of the following addresses: American Society 
for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, 
Pennsylvania 19103; or University Microfilms International, 300 North 
Zeeb Road, Ann Arbor, Michigan 48106.
    (1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by 
Gas Chromatography, IBR approved December 14, 2000 for 
Secs. 65.64(e)(2) and 65.147(a)(4)(i) and (b)(3)(ii).
    (2) ASTM D2382-76, Standard Test Method for Heat of Combustion of 
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method). IBR 
approved December 14, 2000 for Secs. 65.64(e)(1) and 65.147(b)(3)(ii).


Sec. 65.14  Addresses.

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

    Region I (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont), Director, Air Management Division, U.S. 
Environmental Protection Agency, John F. Kennedy Federal Building, 
Boston, Massachusetts 02203.
    Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Air and Waste Management Division, U.S. Environmental 
Protection Agency, 290 Broadway, New York, New York 10007.
    Region III (Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 841 
Chestnut Building, Philadelphia, Pennsylvania 19107.
    Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 61 
Forsyth Street, Atlanta, Georgia 30303.
    Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin), Director, Air Management Division, U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 
60604-3507.
    Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); 
Director; Compliance Assurance and Enforcement Division; U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 
75202.
    Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Toxics Division, U.S. Environmental Protection Agency, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.
    Region VIII (Colorado, Montana, North Dakota, South Dakota, 
Utah, Wyoming), Director, Air and Waste Management Division, U.S. 
Environmental Protection Agency, 999 18th Street, Suite 500, Denver, 
Colorado 80295.
    Region IX (American Samoa, Arizona, California, Guam, Hawaii, 
Nevada), Director, Air and Waste Management Division, U.S. 
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, 
California 94105.
    Region X (Alaska, Oregon, Idaho, Washington), Director, Air and 
Waste Management Division, U.S. Environmental Protection Agency, 
1200 Sixth Avenue, Seattle, Washington 98101.

    (b) All information required to be submitted to the Administrator 
under this part shall also be submitted to the appropriate State agency 
of any State to which authority has been delegated under section 112(l) 
of the Act. The mailing addresses for State agencies are listed as 
follows:
    (1) Alabama. Air Pollution Control Division, Air Pollution Control 
Commission, 645 S. McDonough Street, Montgomery, Alabama 36104.
    (2) Alaska. Department of Environmental Conservation, 3220 Hospital 
Drive, Juneau, Alaska 99811.
    (3) Arizona. Arizona Department of Health Services, 1740 West Adams 
Street, Phoenix, Arizona 85007.
    (4) Arkansas. Chief, Division of Air Pollution Control, Arkansas 
Department of Pollution Control and Ecology, 8001 National Drive, P.O. 
Box 9583, Little Rock, Arkansas 72209.
    (5) California. (i) Amador County Air Pollution Control District, 
P.O. Box 430, 810 Court Street, Jackson, California 95642.
    (ii) Bay Area Air Pollution Control District, 939 Ellis Street, San 
Francisco, California 94109.
    (iii) Butte County Air Pollution Control District, P.O. Box 1229, 
316 Nelson Avenue, Oroville, California 95965.
    (iv) Calaveras County Air Pollution Control District, Government 
Center, El Dorado Road, San Andreas, California 95249.
    (v) Camino del Rimedio, Santa Barbara, California 93110.
    (vi) Colusa County Air Pollution Control District, 751 Fremont 
Street, Colusa, California 95952.
    (vii) El Dorado Air Pollution Control District, 330 Fair Lane, 
Placerville, California 95667.
    (viii) Fresno County Air Pollution Control District, 1221 Fulton 
Mall, Fresno, California 93721.
    (ix) Glenn County Air Pollution Control District, P.O. Box 351, 720 
North Colusa Street, Willows, California 95988.
    (x) Great Basin Unified Air Pollution Control District, 157 Short 
Street, suite 6, Bishop, California 93514.
    (xi) Imperial County Air Pollution Control District, County 
Services Building, 939 West Main Street, El Centro, California 92243.
    (xii) Kern County Air Pollution Control District, 1601 H Street, 
suite 250, Bakersfield, California 93301.
    (xiii) Kings County Air Pollution Control District, 330 Campus 
Drive, Hanford, California 93230.
    (xiv) Lake County Air Pollution Control District, 255 North Forbes 
Street, Lakeport, California 95453.
    (xv) Lassen County Air Pollution Control District, 175 Russell 
Avenue, Susanville, California 96130.
    (xvi) Madera County Air Pollution Control District, 135 West 
Yosemite Avenue, Madera, California 93637.
    (xvii) Mariposa County Air Pollution Control District, Box 5, 
Mariposa, California 95338.
    (xviii) Mendocino County Air Pollution Control District, County 
Courthouse, Ukiah, California 94582.
    (xix) Merced County Air Pollution Control District, P.O. Box 471, 
240 East 15th Street, Merced, California 95340.
    (xx) Modoc County Air Pollution Control District, 202 West 4th 
Street, Alturas, California 96101.
    (xxi) Monterey Bay Unified Air Pollution Control, 1164 Monroe 
Street, Suite 10, Salinas, California 93906.
    (xxii) Nevada County Air Pollution Control District, H.E.W. 
Complex, Nevada City, California 95959.
    (xxiii) North Coast Unified Air Quality Management District, 5630 
South Broadway, Eureka California 95501.
    (xxiv) Northern Sonoma County Air Pollution Control District, 134 
``A'' Avenue, Auburn, California 95448.
    (xxv) Placer County Air Pollution Control District, 11491 ``B'' 
Avenue, Auburn, California 95603.
    (xxvi) Shasta County Air Pollution Control District, 2650 Hospital 
Lane, Redding, California 96001.
    (xxvii) Sierra County Air Pollution Control District, P.O. Box 286, 
Downieville, California 95936.
    (xxviii) Siskiyou County Air Pollution

[[Page 78300]]

Control District, 525 South Foothill Drive, Yreka, California 96097.
    (xxix) South Coast Air Quality Management District, 9150 Flair 
Drive, El Monte, California 91731.
    (xxx) Stanislaus County Air Pollution Control District, 1030 Scenic 
Drive, Modesto, California 95350.
    (xxxi) Sutter County Air Pollution Control District, Sutter County 
Office Building, 142 Garden Highway, Yuba City, California 95991.
    (xxxii) Tehama County Air Pollution Control District, P.O. Box 38, 
1760 Walnut Street, Red Bluff, California 96080.
    (xxxiii) Tulare County Air Pollution Control District, County Civic 
Center, Visalia, California 93277.
    (xxxiv) Tuolumne County Air Pollution Control District, 9 North 
Washington Street, Sonora, California 95370.
    (xxxv) Ventura County Air Pollution Control District, 800 South 
Victoria Avenue, Ventura, California 93009.
    (xxxvi) Yolo-Solano Air Pollution Control District, P.O. Box 1006, 
323 First Street, i5, Woodland, California 95695.

    (6) Colorado. Department of Health, Air Pollution Control Division, 
4210 East 11th Avenue, Denver, Colorado 80220.
    (7) Connecticut. Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 165 Capitol Avenue, 
Hartford, Connecticut 06106.
    (8) Delaware. Delaware Department of Natural Resources and 
Environmental Control, Tatnall Building, P.O. Box 1401, Dover, Delaware 
19901.
    (9) Florida. Florida Bureau of Air Quality Management, Department 
of Environmental Regulation, Twin Towers Office Building, 2600 Blair 
Stone Road, Tallahassee, Florida 32301.
    (10) Georgia. Environmental Protection Division, Department of 
Natural Resources, 270 Washington Street, SW., Atlanta, Georgia 30334.
    (11) Hawaii. (i) Hawaii Department of Health, 1250 Punchbowl 
Street, Honolulu, Hawaii 96813.
    (ii) Hawaii Department of Health (mailing address), Post Office Box 
3378, Honolulu, Hawaii 96801.

    (12) Idaho. Idaho Division of Environmental Quality 601 Pole Line 
Rd. Ste. # 2 Twin Falls, Idaho 83301.
    (13) Illinois. Illinois Environmental Protection Agency--Bureau of 
Air 1340 North Ninth St., Springfield Illinois 62702 1021 North Grand 
Avenue East (mailing address) P.O. Box 19276 62794-9276.
    (14) Indiana. Indiana Department of Environmental Management, 105 
South Meridian Street, P.O. Box 6015, Indianapolis, Indiana 46206.
    (15) Iowa. Iowa Department of Natural Resources, Environmental 
Protection Division, Henry A. Wallace Building, 900 East Grand, Des 
Moines, Iowa 50319.
    (16) Kansas. Kansas Department of Health and Environment, Bureau of 
Air Quality and Radiation Control, Forbes Field, Topeka, Kansas 66620.
    (17) Kentucky. Kentucky Division of Air Pollution Control, 
Department for Natural Resources and Environmental Protection, U.S. 
127, Frankfort, Kentucky 40601.
    (18) Louisiana. Program Administrator, Air Quality Division, 
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton 
Rouge, Louisiana 70804.
    (19) Maine. Bureau of Air Quality Control, Department of 
Environmental Protection, State House, Station No. 17, Augusta, Maine 
04333.
    (20) Maryland. Bureau of Air Quality and Noise Control, Maryland 
State Department of Health and Mental Hygiene, 201 West Preston Street, 
Baltimore, Maryland 21201.
    (21) Massachusetts. Division of Air Quality Control, Department of 
Environmental Protection, One Winter Street, 7th floor, Boston, 
Massachusetts 02108.
    (22) Michigan. Air Pollution Control Division, Michigan Department 
of Natural Resources, Stevens T. Mason Building, 8th Floor, Lansing, 
Michigan 48926.
    (23) Minnesota. Minnesota Pollution Control Agency, Division of Air 
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.
    (24) Mississippi. Bureau of Pollution Control, Department of 
Natural Resources, P.O. Box 10385, Jackson, Mississippi 39209.
    (25) Missouri. Missouri Department of Natural Resources, Division 
of Environmental Quality, P.O. Box 176, Jefferson City, Missouri 65102.
    (26) Montana. Department of Health and Environmental Services, Air 
Quality Bureau, Cogswell Building, Helena, Montana 59601.
    (27) Nebraska. Nebraska Department of Environmental Control, P.O. 
Box 94877, State House Station, Lincoln, Nebraska 68509.
    (28) Nevada. Nevada Department of Conservation and Natural 
Resources, Division of Environmental Protection, 201 South Fall Street, 
Carson City, Nevada 89710.
    (29) New Hampshire. Air Resources Division, Department of 
Environmental Services, 64 North Main Street, Caller Box 2033, Concord, 
New Hampshire 03302-2033.
    (30) New Jersey. New Jersey Department of Environmental Protection, 
John Fitch Plaza, P.O. Box 2807, Trenton, New Jersey 08625.
    (31) New Mexico. Director, New Mexico Environmental Improvement 
Division, Health and Environment Department, 1190 St. Francis Drive, 
Santa Fe, New Mexico 87503.
    (32) New York. New York State Department of Environmental 
Conservation, 50 Wolf Road, Albany, New York 12233, Attention: Division 
of Air Resources.
    (33) North Carolina. North Carolina Environmental Management 
Commission, Department of Environment and Natural Resources, Division 
of Air Quality, P.O. Box 29580, Raleigh, North Carolina 27626-0580.
    (34) North Dakota. State Department of Health and Consolidated 
Laboratories, Division of Environmental Engineering, State Capitol, 
Bismarck, North Dakota 58505.
    (35) Ohio. Ohio Environmental Protection Agency, Central District 
Office, Air Pollution Unit, P.O. Box 1049, Columbus, Ohio 43266-0149.
    (36) Oklahoma. Oklahoma State Department of Health, Air Quality 
Service, P.O. Box 53551, Oklahoma City, Oklahoma 73152.
    (37) Oregon. Department of Environmental Quality, Yeon Building, 
522 SW. Fifth, Portland, Oregon 97204.
    (38) Pennsylvania. Department of Environmental Resources, Post 
Office Box 2063, Harrisburg, Pennsylvania 17120.
    (39) Rhode Island. Division of Air and Hazardous Materials, 
Department of Environmental Management, 291 Promenade Street, 
Providence, Rhode Island 02908.
    (40) South Carolina. Office of Environmental Quality Control, 
Department of Health and Environmental Control, 2600 Bull Street, 
Columbia, South Carolina 29201.
    (41) South Dakota. Department of Water and Natural Resources, 
Office of Air Quality and Solid Waste, Joe Foss Building, 523 East 
Capitol, Pierre, South Dakota 57501-3181.
    (42) Tennessee. Division of Air Pollution Control, Tennessee 
Department of Public Health, 256 Capitol Hill Building, Nashville, 
Tennessee 37219.
    (43) Texas. Texas Natural Resource Conservation Commission, P.O. 
Box 13087, Austin, Texas 78711-3087.
    (44) Utah. Department of Health, Bureau of Air Quality, 288 North 
1460

[[Page 78301]]

West, P.O. Box 16690, Salt Lake City, Utah 84116-0690.
    (45) Vermont. Air Pollution Control Division, Agency of Natural 
Resources, Building 3 South, 103 South Main Street, Waterbury, Vermont 
05676.
    (46) Virginia. Virginia State Air Pollution Control Board, Room 
1106, Ninth Street Office Building, Richmond, Virginia 23219.
    (47) Washington. Department of Ecology, Olympia, Washington 98504.
    (48) West Virginia. Air Pollution Control Commission, 1558 
Washington Street, East, Charleston, West Virginia 25311.
    (49) Wisconsin. Wisconsin Department of Natural Resources, P.O. Box 
7921, Madison, Wisconsin 53707.
    (50) Wyoming. Wyoming Department of Environmental Quality Air 
Division, 122 West 25th St.--4th Floor, Cheyenne, Wyoming 82002.


Secs. 65.15-65.19  [Reserved]

 Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60, 61, and 63
                           General Provisions
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
A. 40 CFR part 60, subpart A provisions for referencing subparts Ka, Kb,
                       VV, DDD, III, NNN, and RRR
------------------------------------------------------------------------
                               Sec.  60.1,
                               Sec.  60.2,
                               Sec.  60.5,
                               Sec.  60.6,
                      Sec.  60.7(a)(1), and (a)(4),
                              Sec.  60.14,
                              Sec.  60.15,
                               Sec.  60.16
 B. 40 CFR part 61, subpart A provisions for referencing subparts Y, V,
                                 and BB
------------------------------------------------------------------------
                              Sec.  61.01,
                              Sec.  61.02,
                              Sec.  61.05,
                              Sec.  61.06,
                              Sec.  61.07,
                              Sec.  61.08,
                        Sec.  61.10(b), and (c),
                        Sec.  61.11, Sec.  61.15
C. 40 CFR part 63, subpart A provisions for referencing subparts G and H
------------------------------------------------------------------------
  Sec.  63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
                               Sec.  63.2
 Sec.  63.5 (a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i)a, (d)(3)(iii) a,
(d)(3)(iv) a, (d)(3)(v) a, (d)(3)(vi) a, (d)(4), (e), (f)(1), and (f)(2)
  Sec.  63.6 (a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
                    through (i)(14), (i)(16) and (j)
  Sec.  63.9(a)(2), (b)(4)(i) b, (b)(4)(ii), (b)(4)(iii), (b)(5) b, (c)
                                 and (d)
                            Sec.  63.10(d)(4)
                             Sec.  63.12(b)
 
------------------------------------------------------------------------
 a These provisions do not apply to equipment leaks.
b The notifications specified in 40 CFR 63.9(b)(4)(i) and 63.9(b)(5)
  shall be submitted at the times specified in this part 65.


     Table 2 to Subpart A of Part 65--Applicable Referencing Subpart
                               Provisions
------------------------------------------------------------------------
 If you have been referenced  from
               * * *                     You must comply with * * *
------------------------------------------------------------------------
40 CFR part 60, subpart Ka........  60.110a, 60.111a, and 60.115a
40 CFR part 60, subpart Kb........  60.110b, 60.111b, 60.116b(c), (e),
                                     (f)(1), and (g)
40 CFR part 60, subpart VV........  60.480, 60.481, 60.482-1(a),
                                     60.485(d), (e), and (f), and
                                     60.486(i) and (j), 60.488, and
                                     60.489
40 CFR part 60, subpart DDD.......  60.560(a), (b) and (d) through (j),
                                     60.561, 60.562-1, 60.562-2, and
                                     60.565(g)(1)
40 CFR part 60, subpart III.......  60.610(a), (b) and (d), 60.611,
                                     60.616, 60.617
40 CFR part 60, subpart NNN.......  60.660(a), (b), (c)(1) through
                                     (c)(3), (c)(5), (d), 60.661,
                                     60.666, and 60.667
40 CFR part 60, subpart RRR.......  60.700(a), (b), (c)(1), (c)(3),
                                     (c)(5), (c)(6), (c)(7), (d),
                                     60.701, 60.706, 60.707
40 CFR part 61, subpart V.........  61.240, 61.241, 61.245(d), 61.246(i)
                                     and (j), and 61.247(a) and (f)
40 CFR part 61, subpart Y.........  61.270, 61.271(d)(2), and 61.274(a)
40 CFR part 61, subpart BB........  61.300 and 61.301
40 CFR part 63, subpart G For       63.100, 63.101, 63.104 and 63.105 of
 process vents, group 1 storage      subpart F and 63.110 and 63.111 of
 vessels, and group 1 transfer       subpart G
 racks.
40 CFR part 63, subpart H.........  63.100, 63.101, 63.104 and 63.105 of
                                     subpart F, and 63.160, 63.161,
                                     63.180(d) of subpart H
------------------------------------------------------------------------


[[Page 78302]]

Subpart B--[Reserved]

Subpart C--Storage Vessels


Sec. 65.40  Applicability.

    (a) The provisions of this subpart and of subpart A of this part 
apply to control of regulated material emissions from surge control 
vessels, bottoms receivers, and other storage vessels where a 
referencing subpart references the use of this subpart for such 
emissions control.
    (b) If a physical or process change is made that causes a storage 
vessel to fall outside the criteria in the referencing subpart that 
required the storage vessel to control emissions of regulated material, 
the owner or operator may elect to no longer comply with the provisions 
of this subpart. Instead, the owner or operator shall comply with any 
applicable provisions of the referencing subpart.


Sec. 65.41  Definitions.

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


Sec. 65.42  Control requirements.

    (a) For each storage vessel to which this subpart applies, the 
owner or operator shall comply with the requirements of paragraph (b) 
or (c) of this section.
    (b) For each storage vessel storing a liquid for which the maximum 
true vapor pressure of the total regulated material in the liquid is 
less than 76.6 kilopascals (10.9 pounds per square inch), the owner or 
operator shall reduce regulated material emissions to the atmosphere as 
provided in any one of the paragraphs (b)(1) through (7) of this 
section.
    (1) Internal floating roof (IFR). Operate and maintain a fixed roof 
and internal floating roof meeting the requirements of Sec. 65.43.
    (2) External floating roof (EFR). Operate and maintain an external 
floating roof meeting the requirements of Sec. 65.44.
    (3) EFR converted to IFR. Operate and maintain an external floating 
roof converted to an internal floating roof meeting the requirements of 
Sec. 65.45.
    (4) Closed vent system and flare. Operate and maintain a closed 
vent system and flare as specified in Sec. 65.142(a)(1). Periods of 
planned routine maintenance of the flare during which the flare does 
not meet the specifications of Sec. 65.147 shall not exceed 240 hours 
per year. The specifications and requirements in Sec. 65.147 for flares 
do not apply during periods of planned routine maintenance or during a 
control system malfunction. The owner or operator shall report the 
periods of planned routine maintenance as specified in Sec. 65.166(d).
    (5) Closed vent system and control device. Operate and maintain a 
closed vent system and control device as specified in the following and 
Sec. 65.142(a)(2):
    (i) Except as provided in paragraph (b)(5)(ii) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of regulated material by 95 percent or greater.
    (ii) For owners or operators referenced to this part from 40 CFR 
part 63, subpart G, and if the owner or operator of a storage vessel 
can demonstrate that a control device installed on the storage vessel 
on or before December 31, 1992 is designed to reduce inlet emissions of 
total organic HAP by greater than or equal to 90 percent but less than 
95 percent, then the control device is required to be operated to 
reduce inlet emissions of total organic HAP by 90 percent or greater.
    (iii) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (b)(5)(i) or (ii) of this section, shall not exceed 240 hours 
per year. The owner or operator shall report the periods of planned 
routine maintenance as specified in Sec. 65.166(d).
    (iv) The requirements in paragraph (b)(5)(i) of this section for 
control devices do not apply during periods of planned routine 
maintenance or during a control system malfunction.
    (6) Route to process or fuel gas system. Route the emissions to a 
process or a fuel gas system as specified in Sec. 65.142(a)(3). 
Whenever the owner or operator bypasses the fuel gas system or process, 
the owner or operator shall comply with the recordkeeping requirement 
in Sec. 65.163(b)(3). Bypassing is permitted if the owner or operator 
complies with one or more of the following conditions:
    (i) The liquid level in the storage vessel is not increased;
    (ii) The emissions are routed through a closed vent system to a 
control device complying with paragraph (b)(4) or (5) of this section; 
or
    (iii) The total aggregate amount of time during which the emissions 
bypass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except startups/
shutdowns/malfunctions or product changeovers of flexible operation 
units and periods when the storage vessel has been emptied and 
degassed), does not exceed 240 hours.
    (7) Equivalent requirements. Comply with an equivalent to the 
requirements in any one of the paragraphs (b)(1) through (6) of this 
section, as provided in Sec. 65.46.
    (c) For each storage vessel storing a liquid for which the maximum 
true vapor pressure of the total regulated material in the liquid is 
greater than or equal to 76.6 kilopascals (10.9 pounds per square 
inch), the owner or operator shall meet the requirements in paragraph 
(b)(4), (5), or (6) of this section, or equivalent as provided in 
Sec. 65.46.


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

    (a) IFR design requirements. The owner or operator who elects to 
control storage vessel regulated material emissions by using a fixed 
roof and an internal floating roof shall comply with the design 
requirements in paragraphs (a)(1) through (4) of this section.
    (1) The internal floating roof shall be designed to float on the 
stored liquid surface except when the floating roof must be supported 
by the leg supports.
    (2) Except as provided in paragraph (a)(3) of this section, the 
internal floating roof shall be equipped with a closure device between 
the wall of the storage vessel and the floating roof edge and shall 
consist of one of the following devices:
    (i) A liquid-mounted seal.
    (ii) A metallic shoe seal.
    (iii) Two continuous seals mounted one above the other. The lower 
seal may be vapor-mounted.
    (3) If the internal floating roof is equipped with a vapor-mounted 
seal as of December 31, 1992, paragraph (a)(2) of this section does not 
apply until the next time the storage vessel is emptied and degassed, 
or by April 22, 2004, whichever occurs first.
    (4) Except as provided in paragraph (a)(4)(viii) of this section, 
each internal floating roof shall meet the following specifications:
    (i) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents is 
to provide a projection below the stored liquid surface.
    (ii) Except for leg sleeves, automatic bleeder vents, rim space 
vents, column wells, ladder wells, sample wells, and stub drains, each 
opening shall be equipped with a gasketed cover or gasketed lid.
    (iii) Each penetration of the internal floating roof shall be a 
sample well.

[[Page 78303]]

Each sample well shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (iv) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (v) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (vii) Covers on each access hatch and each gauge float well shall 
be designed to be bolted or fastened when they are closed.
    (viii) If the internal floating roof does not meet any one of the 
specifications listed in paragraphs (a)(4)(i) through (vii) of this 
section as of December 31, 1992, the requirement for meeting those 
specifications does not apply until the next time the storage vessel is 
emptied and degassed, or by April 22, 2004, whichever occurs first.
    (b) IFR operational requirements. The owner or operator using a 
fixed roof and an internal floating roof shall comply with the 
following operational requirements:
    (1) The internal floating roof shall float on the stored liquid 
surface at all times except when the floating roof must be supported by 
the leg supports.
    (2) When the floating roof is resting on the leg supports, the 
process of filling or refilling shall be continuous and shall be 
accomplished as soon as practical and the owner or operator shall 
maintain the record specified in Sec. 65.47(e).
    (3) Automatic bleeder vents are to be set to be closed at all times 
when the roof is floating except when the roof is being floated off or 
is being landed on the roof leg supports.
    (4) Each cover, access hatch, gauge float well, or lid on any 
opening in the internal floating roof shall be maintained in a closed 
position at all times (i.e., no visible gaps) except when the device is 
in actual use. Prior to filling the storage vessel, rim space vents are 
to be set to open only when the internal floating roof is not floating, 
or when the pressure beneath the rim seal exceeds the manufacturer's 
recommended setting.
    (c) IFR inspection requirements. To demonstrate compliance, the 
owner or operator shall visually inspect the internal floating roof, 
the primary seal, and the secondary seal (if one is in service) 
according to paragraphs (c)(1) through (4) of this section and maintain 
records of the IFR inspection results as specified in Sec. 65.47(c)(1).
    (1) Single seal. For vessels equipped with a single-seal system, 
the owner or operator shall perform the following inspections:
    (i) Visually inspect for IFR type A failures, the internal floating 
roof, and the seal through manholes and roof hatches on the fixed roof 
no less frequently than once every 12 months.
    (ii) Visually inspect for IFR type B failures, the internal 
floating roof, the seal, gaskets, slotted membranes, and sleeve seals 
(if any) each time the storage vessel is emptied, but no less 
frequently than once every 10 years.
    (2) Double seal. For vessels equipped with two continuous seals 
mounted one above the other, the owner or operator shall perform either 
the inspection required in paragraph (c)(2)(i) of this section or the 
inspections required in paragraph (c)(2)(ii) of this section:
    (i) Visually inspect for IFR type B failures, the internal floating 
roof, the primary seal, the secondary seal, gaskets, slotted membranes, 
and sleeve seals (if any) each time the storage vessel is emptied, but 
no less frequently than once every 5 years; or
    (ii) Visually inspect the internal floating roof and the other 
components as specified in the following:
    (A) For IFR type A failures, inspect the secondary seal through 
manholes and roof hatches on the fixed roof no less frequently than 
once every 12 months; and
    (B) For IFR type B failures, inspect the primary seal, the 
secondary seal, gaskets, slotted membranes, and sleeve seals (if any) 
each time the vessel is emptied, but no less frequently than once every 
10 years.
    (3) For inspections to determine if any IFR type B failures are 
present as required by paragraphs (c)(1)(ii), (c)(2)(i), and 
(c)(2)(ii)(B) of this section, the owner or operator shall comply with 
the refilling notification requirements specified in Sec. 65.48(c)(1).
    (4) After installing the control equipment required to comply with 
Sec. 65.42(b)(1) or (3), visually inspect the internal floating roof, 
the primary seal, and the secondary seal (if one is in service) prior 
to filling the storage vessel with regulated material. If there are 
holes, tears, or other openings in the primary seal, the secondary 
seal, or the seal fabric, or defects in the internal floating roof, the 
owner or operator shall repair the items before filling the storage 
vessel.
    (d) IFR repair requirements. The owner or operator shall repair any 
observed or determined failures according to paragraphs (d)(1) and (2) 
of this section:
    (1) If an IFR type A failure is observed, the owner or operator 
shall repair the items or empty and remove the storage vessel from 
service within 45 calendar days. If the failure cannot be repaired 
within 45 calendar days or if the vessel cannot be emptied within 45 
calendar days, the owner or operator may utilize up to two extensions 
of up to 30 additional calendar days each and keep the records 
specified in Sec. 65.47(d).
    (2) If an IFR type B failure is determined, the owner or operator 
shall repair the items and comply with the refilling notification 
requirements of Sec. 65.48(c)(1) before refilling the storage vessel 
with regulated material.


Sec. 65.44  External floating roof (EFR).

    (a) EFR design requirements. The owner or operator who elects to 
control storage vessel regulated material emissions by using an 
external floating roof shall comply with the design requirements listed 
in paragraphs (a)(1) through (3) of this section.
    (1) The external floating roof shall be designed to float on the 
stored liquid surface except when the floating roof must be supported 
by the leg supports.
    (2) The external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.
    (i) Except as provided in paragraph (a)(2)(iii) of this section, 
the closure device is to consist of two continuous seals, one above the 
other. The lower seal is referred to as the primary seal and the upper 
seal is referred to as the secondary seal.
    (ii) Except as provided in paragraph (a)(2)(iv) of this section, 
the primary seal shall be either a metallic shoe seal or a liquid-
mounted seal.
    (iii) If the external floating roof is equipped with a liquid-
mounted or metallic shoe primary seal as of December 31, 1992, the 
requirement for a secondary seal in paragraph (a)(2)(i) of this section 
does not apply until the next time the storage vessel is emptied and 
degassed, or by April 22, 2004, whichever occurs first.
    (iv) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992, the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (a)(2)(ii) of this section does not apply until the next time 
the storage vessel is emptied and degassed, or by April 22, 2004, 
whichever occurs first.
    (3) The external floating roof shall meet the following 
specifications:
    (i) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in the noncontact

[[Page 78304]]

external floating roof shall provide a projection below the stored 
liquid surface except as provided in paragraph (a)(3)(xiii) of this 
section.
    (ii) Covers on each access hatch and each gauge float well shall be 
designed to be bolted or fastened when they are closed.
    (iii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening shall be equipped with a gasketed 
cover, seal, or lid.
    (iv) Automatic bleeder vents and rim space vents shall be equipped 
with a gasket.
    (v) Each roof drain that empties into the stored liquid shall be 
equipped with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening.
    (vi) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (vii) Except for antirotational devices equipped with a welded cap, 
each unslotted guide pole shall be equipped with a gasketed cap on the 
end of the pole.
    (viii) Each slotted guide pole shall be equipped with a gasketed 
float or other device that closes off the stored liquid surface from 
the atmosphere.
    (ix) Each gauge hatch/sample well shall be equipped with a gasketed 
cover.
    (x) Where a metallic shoe seal is in use as the primary seal, one 
end of the metallic shoe shall be designed to extend into the stored 
liquid and the other end shall extend a minimum vertical distance of 61 
centimeters (24 inches) above the stored liquid surface.
    (xi) The secondary seal shall be designed to be installed above the 
primary seal so that it completely covers the space between the roof 
edge and the vessel wall.
    (xii) For the primary and secondary seals, there shall be no holes, 
tears, or other openings in the shoe, seal fabric, or seal envelope.
    (xiii) If each opening in a noncontact external floating roof 
except for automatic bleeder vents (vacuum breaker vents) and rim space 
vents does not provide a projection below the liquid surface as of 
December 31, 1992, the requirement for providing these projections 
below the liquid surface does not apply until the next time the storage 
vessel is emptied and degassed, or by April 22, 2004, whichever occurs 
first.
    (b) EFR operational requirements. The owner or operator using an 
external floating roof shall comply with the following operational 
requirements:
    (1) The external floating roof shall float on the stored liquid 
surface at all times except when the floating roof must be supported by 
the leg supports.
    (2) When the floating roof is resting on the leg supports, the 
process of filling or refilling shall be continuous and shall be 
accomplished as soon as practical, and the owner or operator shall 
maintain the record specified in Sec. 65.47(e).
    (3) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening shall be maintained in a closed 
position (i.e., no visible gap) at all times except when the device is 
in actual use.
    (4) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when they are closed.
    (5) Automatic bleeder vents are to be set to be closed at all times 
when the roof is floating except when the roof is being floated off or 
is being landed on the roof leg supports.
    (6) Rim space vents are to be set to open only when the roof is 
being floated off the roof leg supports or when the pressure beneath 
the rim seal exceeds the manufacturer's recommended setting.
    (7) The cap on the end of each unslotted guide pole shall be closed 
at all times except when gauging the stored liquid level or taking 
samples of the stored liquid.
    (8) The cover on each gauge hatch/sample well shall be closed at 
all times except when the hatch or well must be open for access.
    (9) Except during the inspections required by paragraph (c) of this 
section, both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the storage vessel in a continuous fashion.
    (c) EFR inspection requirements. To demonstrate compliance for an 
external floating roof vessel, the owner or operator shall use the 
procedures in paragraphs (c)(4) through (9) of this section for seal 
gaps according to the frequency specified in paragraphs (c)(1) through 
(3) of this section and meet the requirements of paragraph (c)(10) of 
this section.
    (1) Measurements of gaps between the vessel wall and the primary 
seal shall be performed no less frequently than once every 5 years and 
at the times specified in paragraphs (c)(1)(i) and (ii) of this 
section. The owner or operator shall maintain records of the EFR seal 
gap measurements as specified in Sec. 65.47(c)(2).
    (i) During the hydrostatic testing of the vessel, by initial 
startup, or within 90 days of the initial fill with regulated material.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in paragraph (a)(2)(iii) of this section, measurements of 
gaps between the vessel wall and the primary seal shall be performed at 
least once per year until a secondary seal is installed. When a 
secondary seal is installed above the primary seal, measurements of 
gaps between the vessel wall and both the primary and secondary seals 
shall be performed within 90 calendar days of installation of the 
secondary seal and according to the frequency specified in paragraphs 
(c)(1) through (3) of this section thereafter.
    (2) Measurements of gaps between the vessel wall and the secondary 
seal shall be performed no less frequently than once per year and 
within 90 days of the initial fill with regulated material, within 90 
days of installation of the secondary seal, or by initial startup. The 
owner or operator shall maintain records of the EFR seal gap 
measurements as specified in Sec. 65.47(c)(2).
    (3) If any storage vessel ceases to store regulated material for a 
period of 1 year or more, measurements of gaps between the vessel wall 
and the primary seal, and gaps between the vessel wall and the 
secondary seal shall be performed within 90 days of the vessel being 
refilled with regulated material. The owner or operator shall maintain 
records of the EFR seal gap measurements as specified in 
Sec. 65.47(c)(2).
    (4) If the tank contains regulated material, all primary seal 
inspections or gap measurements that require the removal or dislodging 
of the secondary seal shall be accomplished as soon as possible, and 
the secondary seal shall be replaced as soon as possible.
    (5) The owner or operator shall notify the Administrator 30 days 
before any EFR seal gap measurement as specified in Sec. 65.48(c)(2).
    (6) Except as provided in paragraph (d) of this section, the owner 
or operator shall determine gap widths and gap areas in the primary and 
secondary seals (seal gaps) individually by the following procedures:
    (i) Seal gaps, if any, shall be measured at one or more floating 
roof levels when the roof is not resting on the roof leg supports.
    (ii) Seal gaps, if any, shall be measured around the entire 
circumference of the vessel in each place where a 0.32 centimeter (\1/
8\ inch) diameter uniform probe passes freely

[[Page 78305]]

(without forcing or binding against the seal) between the seal and the 
wall of the storage vessel. The circumferential distance of each such 
location shall also be measured.
    (iii) The total surface area of each gap described in paragraph 
(c)(6)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the 
vessel wall to the seal and multiplying each such width by its 
respective circumferential distance.
    (7) The owner or operator shall add the gap surface area of each 
gap location for the primary seal and divide the sum by the nominal 
diameter of the vessel. The owner or operator shall include the 
calculations in the record of the seal gap measurement as specified in 
Sec. 65.47(c)(2). For metallic shoe primary seals or liquid-mounted 
primary seals, the accumulated area of gaps between the vessel wall and 
the primary seal shall not exceed 212 square centimeters per meter of 
vessel diameter (10.0 square inches per foot of vessel diameter) and 
the width of any portion of any gap shall not exceed 3.81 centimeters 
(1.50 inches).
    (8) The owner or operator shall add the gap surface area of each 
gap location for the secondary seal and divide the sum by the nominal 
diameter of the vessel. The owner or operator shall include the 
calculations in the record of the seal gap measurement as specified in 
Sec. 65.47(c)(2). The accumulated area of gaps between the vessel wall 
and the secondary seal used in combination with a metallic shoe seal or 
liquid-mounted primary seal shall not exceed 21.2 square centimeters 
per meter of vessel diameter (1.00 square inch per foot of vessel 
diameter) and the width of any portion of any gap shall not exceed 1.27 
centimeters (0.50 inch). The secondary seal gap requirements may be 
exceeded during the measurement of primary seal gaps as required by 
paragraph (c)(1) of this section.
    (9) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements or to inspect the vessel to determine 
compliance because the floating roof appears to be structurally unsound 
and poses an imminent or potential danger to inspecting personnel, the 
owner or operator shall comply with one of the following requirements:
    (i) The owner or operator shall measure the seal gaps or inspect 
the storage vessel no later than 30 calendar days after the 
determination that the roof is unsafe; or
    (ii) The owner or operator shall empty and remove the storage 
vessel from service no later than 45 calendar days after determining 
that the roof is unsafe. If the vessel cannot be emptied within 45 
calendar days, the owner or operator may utilize up to two extensions 
of up to 30 additional calendar days each and comply with the 
recordkeeping requirements in Sec. 65.47(d).
    (10) The owner or operator shall visually inspect for EFR failures, 
the external floating roof, the primary seal, secondary seal, and 
fittings prior to initial filling and each time the vessel is emptied 
(including initially before the vessel is filled with regulated 
material), shall maintain records of the EFR inspection results as 
specified in Sec. 65.47(c)(1), and shall comply with the refilling 
notification requirements specified in Sec. 65.48(c)(1).
    (d) EFR repair requirements. (1) The owner or operator shall repair 
conditions that do not meet seal gap specifications listed in 
paragraphs (c)(7) and (8) of this section or any EFR failure observed 
by the inspection required by paragraph (c)(10) of this section no 
later than 45 calendar days after identification, or shall empty and 
remove the storage vessel from service no later than 45 calendar days 
after identification. If the vessel cannot be repaired or emptied 
within 45 calendar days, the owner or operator may utilize up to two 
extensions of up to 30 additional calendar days each and comply with 
the recordkeeping requirements in Sec. 65.47(d).
    (2) If an EFR failure is observed by the inspection required by 
paragraph (c)(10) of this section, the owner or operator shall repair 
the items as necessary so that none of the conditions specified in 
paragraph (c)(10) of this section exist before filling or refilling the 
storage vessel with regulated material.


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

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


Sec. 65.46  Alternative means of emission limitation.

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


Sec. 65.47  Recordkeeping provisions.

    (a) Retention time. Each owner or operator of a storage vessel 
subject to this subpart shall meet the requirements of Sec. 65.4, 
except the record specified in paragraph (b) of this section shall be 
kept as long as the storage vessel is in operation.
    (b) Vessel dimensions and capacity. Each owner or operator of a 
storage vessel subject to this subpart shall keep readily accessible 
records showing the dimensions of the storage vessel and an analysis of 
the capacity of the storage vessel.
    (c) Inspection results. The owner or operator shall keep the 
records specified in paragraphs (c)(1) and (2) of this section.
    (1) For each IFR or EFR inspection required by Sec. 65.43(c)(1) and 
(2), or Sec. 65.44(c)(10), respectively, a record containing the 
following information, as appropriate:
    (i) In the event that no IFR type A failure, IFR type B failure, or 
EFR failure is observed, a record showing that the inspection was 
performed. The record shall identify the storage vessel on which the 
inspection was performed, the date the storage vessel was inspected, 
and references indicating which items were inspected.
    (ii) In the event that an IFR type A failure, IFR type B failure, 
or EFR failure is observed, a record that identifies the storage vessel 
on which the inspection was performed, the date the storage vessel was 
inspected, a description of the failure and of the repair made, the 
date the vessel was emptied (if applicable), and the date that the 
repair was made. As specified in Sec. 65.48(b)(1), the owner or 
operator shall include this record in the periodic report.
    (2) For each EFR seal gap measurement required by Sec. 65.44(c)(1), 
(2), or (3), a record describing the results of the measurement. The 
record shall identify the vessel on which the measurement was 
performed, shall include the date of the measurement, the raw data 
obtained in the measurement, and the calculations described in 
Sec. 65.44(c)(7) and (8), and shall meet the following two additional 
requirements, as appropriate:
    (i) In the event that the seal gap measurements do conform to the 
specifications in Sec. 65.44(c)(7) and (8), the owner or operator shall 
submit the information specified in Sec. 65.48(b)(2)(i) in the periodic 
report.
    (ii) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 65.44(c)(7) and (8), the owner or operator 
shall also keep a description of the repairs that were made, the date 
the repairs were made,

[[Page 78306]]

and the date the storage vessel was emptied and shall include a report 
of the seal gap measurement results in the periodic report as specified 
in Sec. 65.48(b)(2)(ii).
    (d) Emptying and repairing extension. The owner or operator who 
elects to utilize an extension in emptying a storage vessel for 
purposes of repair shall prepare by the initiation of the extension the 
following documentation, as appropriate, of the decision to utilize an 
extension:
    (1) For an extension pursuant to Sec. 65.43(d)(1) or 
Sec. 65.44(d)(1), a description of the failure, documentation that 
alternative storage capacity is unavailable, and a schedule of actions 
that will ensure that the control equipment will be repaired or the 
vessel will be emptied as soon as practical. As specified in 
Sec. 65.48(b)(1)(i), the owner or operator shall include this 
information in the periodic report.
    (2) For an extension pursuant to Sec. 65.44(c)(9), an explanation 
of why it was unsafe to perform the inspection or seal gap measurement, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions that will ensure that the vessel will be emptied as 
soon as practical. As specified in Sec. 65.48(b)(3), the owner or 
operator shall include this information in the periodic report.
    (e) Floating roof set on its legs. The owner or operator shall 
maintain a record for each storage vessel subject to Sec. 65.43(b)(2) 
and Sec. 65.44(b)(2) identifying the date when the floating roof was 
set on its legs and the date when the roof was refloated. The record 
shall also indicate whether this was a continuous operation.


Sec. 65.48  Reporting provisions.

    (a) Notification of initial startup. If Sec. 65.5(b) requires that 
a notification of initial startup be filed, then the content of the 
notification of initial startup shall at least include the information 
specified in Sec. 65.5(b) and the identification of each storage 
vessel, its capacity, and the types of regulated material stored in the 
storage vessel.
    (b) Periodic reports. Report the information specified in 
paragraphs (b)(1) through (3) of this section, as applicable, in the 
periodic report specified in Sec. 65.5(e).
    (1) Inspection results. Report the following information for each 
inspection conducted in accordance with Sec. 65.43(c) and Sec. 65.44(c) 
in which an IFR or EFR failure is detected in the control equipment:
    (i) If an IFR type A failure or an EFR failure is observed for 
vessels for which inspections are required under Sec. 65.43(c)(1)(i), 
Sec. 65.43(c)(2)(ii)(A), or Sec. 65.44(c)(10), each report shall 
include the inspection results record listed in Sec. 65.47(c)(1)(ii). 
If an extension is utilized in accordance with Sec. 65.43(d)(1) or 
Sec. 65.44(d)(1), the report shall include the records listed in 
Sec. 65.47(c)(1)(ii) plus the documentation specified in 
Sec. 65.47(d)(1).
    (ii) If an IFR type B failure is observed for vessels for which 
inspections are required under Sec. 65.43(c)(1)(ii), (c)(2)(i), or 
(c)(2)(ii)(B), each report shall include a copy of the records listed 
in Sec. 65.47(c)(1)(ii).
    (2) Seal gap measurement results. (i) For each vessel whose seal 
gaps are measured during the reporting period, identify each seal gap 
measurement made in accordance with Sec. 65.44(c) in which the 
requirements of Sec. 65.44(c)(7) or (8) are met.
    (ii) For each seal gap measurement made in accordance with 
Sec. 65.44(c) in which the requirements of Sec. 65.44(c)(7) or (8) are 
not met, from the records kept pursuant to Sec. 65.47(c)(2), report the 
date of the measurements, results of the calculations, and note which 
seal gap measurements did not conform to the specifications in 
Sec. 65.44(c)(7) and (8).
    (3) Extension documentation. If an extension is utilized in 
accordance with Sec. 65.44(c)(9), the owner or operator shall include 
the documentation specified in Sec. 65.47(d)(2) in the next report 
required by Sec. 65.5(e).
    (c) Special notifications. An owner or operator who elects to 
comply with Sec. 65.43, Sec. 65.44, or Sec. 65.45 shall submit, as 
applicable, the reports specified in paragraphs (c)(1) and (2) of this 
section except as specified in paragraph (c)(3) of this section. Each 
written notification or report shall also include the information 
specified in Sec. 65.5(f).
    (1) Refilling notification. In order to afford the Administrator 
the opportunity to have an observer present, notify the Administrator 
prior to refilling of a storage vessel that has been emptied. If the 
storage vessel is equipped with an internal floating roof as specified 
in Sec. 65.43, an external floating roof as specified in Sec. 65.44, or 
an external floating roof converted to an internal floating roof as 
specified in Sec. 65.45, the notification shall meet either of the 
following requirements, as applicable.
    (i) Notify the Administrator in writing at least 30 calendar days 
prior to the refilling of each storage vessel; or
    (ii) If the inspection is not planned and the owner or operator 
could not have known about the inspection 30 calendar days in advance 
of refilling the vessel, the owner or operator shall notify the 
Administrator as soon as practical, but no later than 7 calendar days 
prior to the refilling of the storage vessel. Notification may be made 
by telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. Alternatively, the 
notification including the written documentation may be made in writing 
and sent so that it is received by the Administrator at least 7 
calendar days prior to refilling.
    (2) Seal gap measurement notification. In order to afford the 
Administrator the opportunity to have an observer present during seal 
gap measurements, the owner or operator of a storage vessel equipped 
with an external floating roof as specified in Sec. 65.44 shall meet 
either of the following notification requirements, as applicable:
    (i) Notify the Administrator in writing at least 30 calendar days 
in advance of any seal gap measurements; or
    (ii) If the seal gap measurements are not planned and the owner or 
operator could not have known about the seal gap measurements 30 
calendar days in advance, the owner or operator shall notify the 
Administrator as soon as practical, but no later than 7 calendar days 
prior to the seal gap measurements. Notification may be made by 
telephone and immediately followed by written documentation 
demonstrating why the seal gap measurements were unplanned. 
Alternatively, the notification including the written documentation may 
be made in writing and sent so that it is received by the Administrator 
at least 7 calendar days prior to refilling.
    (3) Notification waiver. Where a notification required by 
paragraphs (c)(1) or (2) of this section is sent to a delegated State 
or local agency, a copy of the notification to the Administrator is not 
required. A delegated State or local agency may waive the requirements 
for these notifications.
    (d) Compliance certification. For sources subject to the compliance 
certification provisions of title V, a recertification of continuous 
compliance with Sec. 65.43(b)(1) and Sec. 65.44(b)(1) shall be based on 
the annual inspections required by Sec. 65.43(c)(1)(i) and 
(c)(2)(ii)(A) and any observations made at other times when the roof is 
viewed.


Secs. 65.49-65.59  [Reserved]

Subpart D--Process Vents


Sec. 65.60  Applicability.

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

[[Page 78307]]

Sec. 65.61  Definitions.

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


Sec. 65.62  Process vent group determination.

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


Sec. 65.63  Performance and group status change requirements.

    (a) Group 1 performance requirements. Except for the additional 
requirement for halogenated vent streams as provided in paragraph (b) 
of this section, the owner or operator of a Group 1 process vent shall 
comply with the requirements of either paragraph (a)(1), (2), or (3) of 
this section.
    (1) Flare. Reduce emissions of regulated material using a flare 
meeting the applicable requirements of Sec. 65.142(b).
    (2) 98 percent or 20 parts per million standard. Reduce emissions 
of regulated material or TOC by at least 98 weight-percent or to a 
concentration of less than 20 parts per million by volume, whichever is 
less stringent. For combustion devices, the emission reduction or 
concentration shall be calculated on a dry basis, and corrected to 3 
percent oxygen. The owner or operator shall meet the requirements in 
Sec. 65.142(b) and paragraphs (a)(2)(i) and/or (a)(2)(ii) of this 
section.
    (i) Compliance with paragraph (a)(2) of this section may be 
achieved by using any combination of recovery and/or control device to 
meet the 20 parts per million by volume concentration standard; or by 
using any combination of recovery and/or control device to meet the 98 
weight percent reduction standard, if the recovery device meets the 
conditions of paragraph (a)(2)(ii) of this section.
    (ii) An owner or operator may use a recovery device alone or in 
combination with one or more control devices to reduce emissions of 
total regulated material by 98 weight-percent if all of the following 
conditions are met:
    (A) For process vents referenced to this part by 40 CFR part 63, 
subpart G, the recovery device (and any control device that operates in 
combination with the recovery device to reduce emissions of total 
regulated material by 98 weight-percent) was installed before December 
31, 1992.
    (B) The recovery device that will be used to reduce emissions of 
total regulated material by 98 weight-percent is the last recovery 
device before emission to the atmosphere.
    (C) The recovery device alone or in combination with one or more 
control devices is capable of reducing emissions of total regulated 
material by 98 weight-percent but is not capable of reliably reducing 
emissions of total regulated material to a concentration of 20 parts 
per million by volume.
    (D) If the owner or operator disposed of the recovered material, 
the recovery device would be considered a control device and comply 
with the requirements of this subpart and Sec. 65.142(b) for control 
devices.
    (3) TRE index value. Achieve and maintain a TRE index value greater 
than 1.0 at the outlet of the final recovery device, or prior to 
release from the process vent to the atmosphere if no recovery device 
is present. If the TRE index value is greater than 1.0, the process 
vent shall meet the provisions for a Group 2A or 2B process vent 
specified in either paragraph (c), (d), (e), or (f) of this section, 
whichever is applicable.
    (b) Halogenated Group 1 performance requirement. Halogenated Group 
1 process vents that are combusted shall be controlled according to 
paragraph (b)(1) or (2) of this section. The owner or operator shall 
either designate the Group 1 process vent as a halogenated Group 1 
process vent or shall determine whether the process vent is halogenated 
using the procedures specified in Sec. 65.64(g). If determined, the 
halogen concentration in the vent stream shall be recorded and reported 
in the Initial Compliance Status Report as specified in Sec. 65.160(d). 
If the owner or operator designates the process vent as a halogenated 
Group 1 process vent, then this shall also be recorded and reported in 
the Initial Compliance Status Report.
    (1) Halogen reduction device following combustion. If a combustion 
device is used to comply with paragraph (a)(2) of this section for a 
halogenated process vent, then the process vent exiting the combustion 
device shall be ducted to a halogen reduction device including, but not 
limited to, a scrubber before it is discharged to the atmosphere, and 
the halogen reduction device shall meet the requirements of paragraph 
(b)(1)(i) or (ii) of this section, as applicable. The halogenated 
process vent shall not be combusted using a flare.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens by 99 percent or shall reduce the outlet mass of 
total hydrogen halides and halogens to less than 0.45 kilogram per hour 
(0.99 pound per hour), whichever is less stringent. The owner or 
operator shall meet the requirements in Sec. 65.142(b).
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the device shall reduce overall emissions 
of hydrogen halides and halogens by 95 percent or shall reduce the 
outlet mass of total hydrogen halides and halogens to less than 0.45 
kilogram per hour (0.99 pound per hour), whichever is less stringent.

[[Page 78308]]

The owner or operator shall meet the requirements in Sec. 65.142(b).
    (2) Halogen reduction device prior to combustion. A halogen 
reduction device, such as a scrubber, or other technique may be used to 
reduce the process vent halogen atom mass emission rate to less than 
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion 
control device and thus make the process vent nonhalogenated; the 
process vent must comply with the requirements of paragraph (a)(1) or 
(2) of this section. The mass emission rate of halogen atoms contained 
in organic compounds prior to the combustor shall be determined 
according to the procedures in Sec. 65.64(g). The owner or operator 
shall maintain the record specified in Sec. 65.160(d) and submit the 
report specified in Sec. 65.165(d).
    (c) Performance requirements for Group 2A process vents with 
recovery devices. For Group 2A process vents, where the owner or 
operator is using a recovery device to maintain a TRE index value 
greater than 1.0, the owner or operator shall maintain a TRE index 
value greater than 1.0 and comply with the requirements for recovery 
devices in Sec. 65.142(b).
    (d) Performance requirements for Group 2A process vents without 
recovery devices. For Group 2A process vents where the owner or 
operator is not using a recovery device to maintain a TRE index value 
greater than 1.0, determine the appropriate parameters to be monitored 
and submit the information as specified in paragraphs (d)(1), (2), and 
(3) of this section. Such information shall be submitted for approval 
to the Administrator as part of a title V permit application or by 
separate notice. The owner or operator shall monitor as specified in 
Sec. 65.65(a), maintain the record specified in Sec. 65.66(e), and 
submit reports as specified in Sec. 65.67(c).
    (1) Parameter monitoring. A description of the parameter(s) to be 
monitored to ensure the owner or operator of a process vent achieves 
and maintains the TRE above 1.0. and an explanation of the criteria 
used to select the parameter(s).
    (2) Demonstration methods and procedures. A description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation of the process, the schedule for 
this demonstration, and a statement that the owner or operator will 
establish a range for the monitored parameter as part of the Initial 
Compliance Status Report required in Sec. 65.5(d), unless this 
information has already been included in the operating permit 
application.
    (3) Monitoring, recordkeeping, and reporting frequency. The 
frequency and content of monitoring, recording, and reporting if 
monitoring and recordkeeping are not continuous, or if reports of daily 
average values when the monitored parameter value is outside the range 
established in the operating permit or Initial Compliance Status Report 
will not be included in periodic reports required under Sec. 65.5(e). 
The rationale for the proposed monitoring, recording, and reporting 
system shall be included.
    (e) Group 2B performance requirements. For Group 2B process vents, 
the owner or operator shall maintain a TRE index greater than 4.0, a 
flow rate less than 0.011 scmm, or a concentration less than the 
applicable criteria in table 1 to this subpart.
    (f) Group 2A or 2B process change requirements. Whenever process 
changes are made that could reasonably be expected to change a Group 2A 
or 2B process vent to a Group 1 vent, the owner or operator shall 
recalculate the TRE index value, flow, or TOC or organic hazardous air 
pollutant (HAP) concentration according to paragraph (f)(1), (2), or 
(3) of this section as specified for each process vent as necessary to 
determine whether the process vent is Group 1, Group 2A, or Group 2B 
and shall maintain the applicable records specified in Sec. 65.66(d) 
and submit the applicable reports specified in Sec. 65.67(b). The owner 
or operator shall perform the group status determination as soon as 
practical after the process change and within 180 days after the 
process change. Examples of process changes include, but are not 
limited to, changes in production capacity, production rate, feedstock 
type, or catalyst type, or whenever there is replacement, removal, or 
addition of recovery equipment. For purposes of paragraph (f) of this 
section, process changes do not include process upsets; unintentional, 
temporary process changes; and changes that are within the range on 
which the original TRE index value calculation was based.
    (1) Flow rate. The flow rate shall be determined as specified in 
the sampling site and flow rate determination procedures in 
Sec. 65.64(b) and (d) or by using best engineering assessment of the 
effects of the change. Engineering assessments shall meet the 
specifications in Sec. 65.64(i).
    (2) Concentration. The TOC or organic HAP concentration shall be 
determined as specified in Sec. 65.64(b) and (c) or by using best 
engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in Sec. 65.64(i).
    (3) TRE index value. The TRE index value shall be recalculated 
based on measurements of process vent flow rate, TOC, and/or organic 
HAP concentrations, and heating values as specified in Sec. 65.64(b), 
(c), (d), (e), (f), (g), and (h) as applicable, or based on best 
engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in Sec. 65.64(i).
    (4) Group status change to Group 1. Where the process change causes 
the group status to change to Group 1, the owner or operator shall 
comply with the Group 1 process vent provisions in paragraph (a) of 
this section and, if they apply, the halogenated Group 1 process vent 
provisions in paragraph (b) of this section upon initial startup after 
the change and thereafter unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than 
making the process change. If this demonstration is made to the 
Administrator's satisfaction, the owner or operator shall comply as 
expeditiously as practical, but in no event later than 3 years after 
the emission point becomes Group 1, and shall comply with the following 
procedures to establish a compliance date:
    (i) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (ii) The compliance schedule shall be submitted with the operating 
permit application or amendment or by other appropriate means.
    (iii) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (5) Group status change to Group 2A. Whenever a process change 
causes the process vent group status to change to Group 2A, the owner 
or operator shall comply with the provisions of paragraph (c) or (d) of 
this section upon completion of the group status determination of the 
process vent.
    (6) Group status change to Group 2B. Whenever a process change 
causes the process vent group status to change to Group 2B, the owner 
or operator shall comply with the provisions of paragraph (e) of this 
section as soon as practical after the process change.


Sec. 65.64  Group determination procedures.

    (a) General. The provisions of this section provide calculation and 
measurement methods for parameters that are used to determine group 
status.

[[Page 78309]]

    (b)(1) Sampling site. For purposes of determining TOC or HAP 
concentration, process vent volumetric flow rate, heating value, or TRE 
index value as specified under paragraph (c), (d), (e), (f), or (h) of 
this section, the sampling site shall be located after the last 
recovery device (if any recovery devices are present) but prior to the 
inlet of any control device that is present, and prior to release to 
the atmosphere.
    (2) Sampling site when a halogen reduction device is used prior to 
a combustion device. An owner or operator using a scrubber or other 
halogen reduction device to reduce the process vent halogen atom mass 
emission rate to less than 0.45 kilogram per hour (0.99 pound per hour) 
prior to a combustion control device in compliance with 
Sec. 65.63(b)(2) shall determine the halogen atom mass emission rate 
prior to the combustor and after the scrubber or other halogen 
reduction device according to the procedures in paragraph (g) of this 
section.
    (3) Sampling site selection method. Method 1 or 1A of appendix A of 
40 CFR part 60, as appropriate, shall be used for selection of the 
sampling site. No traverse site selection method is needed for process 
vents smaller than 0.10 meter (4 inches) in nominal inside diameter.
    (c) TOC or HAP concentration. The TOC or HAP concentrations used 
for TRE index value calculations in paragraph (h) of this section shall 
be determined based on paragraph (c)(1) or (i) of this section, or any 
other method or data that have been validated according to the protocol 
in Method 301 of appendix A of 40 CFR part 63. For concentrations 
needed for comparison with the appropriate concentration in table 1 of 
this subpart, TOC or HAP concentration shall be determined based on 
paragraph (c)(1), (c)(2), or (i) of this section or any other method or 
data that have been validated according to the protocol in Method 301 
of appendix A of 40 CFR part 63. The owner or operator shall record the 
TOC or HAP concentration as specified in Sec. 65.66(c).
    (1) Method 18. The procedures specified in paragraph (c)(1)(i) and 
(ii) of this section shall be used to calculate parts per million by 
volume concentration using Method 18 of appendix A of 40 CFR part 60.
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time, such as 15-minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
organic HAP emissions shall be calculated using the following two 
procedures, 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 64-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.000


Where:

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

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(1)(ii)(A) of this 
section except that only the organic HAP species shall be summed.
    (2) Method 25A. The following procedures shall be used to calculate 
parts per million by volume concentration using Method 25A of appendix 
A of 40 CFR part 60:
    (i) Method 25A of appendix A of 40 CFR part 60 shall be used only 
if a single organic compound of regulated material is greater than 50 
percent of total organic HAP or TOC, by volume, in the process vent.
    (ii) The process vent composition may be determined by either 
process knowledge, test data collected using an appropriate EPA method, 
or a method or data validated according to the protocol in Method 301 
of appendix A of 40 CFR 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 appendix A of 40 CFR part 60 shall be the single organic 
compound of regulated material present at greater than 50 percent of 
the total organic HAP or TOC by volume.
    (iv) The span value for Method 25A of appendix A of 40 CFR part 60 
shall be equal to the appropriate concentration value in table 1 to 
this subpart.
    (v) Use of Method 25A of appendix A of 40 CFR part 60 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 appendix 
A of 40 CFR part 60 is below one-half the appropriate value in table 1 
to this subpart to be considered a Group 2B vent with an organic HAP or 
TOC concentration below the appropriate value in table 1 to this 
subpart.
    (d) Volumetric flow rate. The process vent volumetric flow rate 
(QS) in standard cubic meters per minute at 20  deg.C (68 
deg.F) shall be determined as specified in paragraphs (d)(1) and (2) of 
this section and shall be recorded as specified in Sec. 65.66(b):
    (1) Use Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60, as 
appropriate. If the process vent tested passes through a final steam 
jet ejector and is not condensed, the stream volumetric flow shall be 
corrected to 2.3 percent moisture; or
    (2) The engineering assessment procedures in paragraph (i) of this 
section can be used for determining volumetric flow rates.
    (e) Heating value. The net heating value shall be determined as 
specified in paragraphs (e)(1) and (2) of this section or by using the 
engineering assessment procedures in paragraph (i) of this section.
    (1) The net heating value of the process vent shall be calculated 
using Equation 64-2 of this section:

[[Page 78310]]

[GRAPHIC] [TIFF OMITTED] TR14DE00.001


Where:

HT = Net heating value of the sample, megajoule per standard 
cubic meter, where the net enthalpy per mole of process vent is based 
on combustion at 25  deg.C and 760 millimeters of mercury, but the 
standard temperature for determining the volume corresponding to 1 mole 
is 20  deg.C as in the definition of QS (process vent 
volumetric flow rate).
K1 = Constant, 1.740  x  10-7 (parts per 
million)-1 (gram-mole per standard cubic meter) (megajoule 
per kilocalorie), where standard temperature for (gram-mole per 
standard cubic meter) is 20  deg.C.
n = Number of components in the sample.
Dj = Concentration on a wet basis of compound j in parts per 
million as measured by procedures indicated in paragraph (e)(2) of this 
section. For process vents that pass through a final steam jet and are 
not condensed, the moisture is assumed to be 2.3 percent by volume.
Hj = Net heat of combustion of compound j, kilocalorie per 
gram-mole, based on combustion at 25  deg.C and 760 millimeters of 
mercury. The heat of combustion of process vent components shall be 
determined using American Society for Testing and Materials (ASTM) 
D2382-76 (incorporated by reference as specified in Sec. 65.13) if 
published values are not available or cannot be calculated.
    (2) The molar composition of the process vent (Dj) shall 
be determined using the following methods:
    (i) Method 18 of appendix A of 40 CFR part 60 to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials (ASTM) D1946-77 
(incorporated by reference as specified in Sec. 65.13) to measure the 
concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of appendix A of 40 CFR part 60 to measure the 
moisture content of the stack gas.
    (f) TOC or HAP emission rate. The emission rate of TOC (minus 
methane and ethane) (ETOC) and/or the emission rate of total 
organic HAP (EHAP) in the process vent as required by the 
TRE index value equation specified in paragraph (h) of this section, 
shall be calculated using Equation 64.3 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.002


Where:

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

    (g) Halogenated vent determination. In order to determine whether a 
process vent is halogenated, the mass emission rate of halogen atoms 
contained in organic compounds shall be calculated according to the 
procedures specified in paragraphs (g)(1) and (2) of this section. A 
process vent is considered halogenated if the mass emission rate of 
halogen atoms contained in the organic compounds is equal to or greater 
than 0.45 kilogram per hour (0.99 pound per hour).
    (1) The process vent concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on one of the following procedures:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the process vent; or
    (ii) Applicable engineering assessment as discussed in paragraph 
(i)(3) of this section; or
    (iii) Concentration of organic compounds containing halogens 
measured by Method 18 of appendix A of 40 CFR part 60; or
    (iv) 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.
    (2) Equation 64-4 of this section shall be used to calculate the 
mass emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR14DE00.003


Where:

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

    (h) TRE index value. The owner or operator shall calculate the TRE 
index value of the process vent using the equations and procedures 
specified in paragraphs (h)(1) through (3) of this section, as 
applicable, and shall maintain the records specified in Sec. 65.66(a) 
or Sec. 65.66(d)(4), as applicable.
    (1) TRE index value equation. Equation 64-5 of this section shall 
be used to calculate the TRE index:
[GRAPHIC] [TIFF OMITTED] TR14DE00.022


Where:

TRE = TRE index value.
A, B, C, D, E, and F = Parameters presented in tables 2 and 3 of this 
subpart that include the following variables:

[[Page 78311]]

Q = Process vent flow rate, standard cubic meters per minute, at a 
standard temperature of 20  deg.C, as calculated according to paragraph 
(d) or (i) of this section.
H = Process vent net heating value, megajoules per standard cubic 
meter, as calculated according to paragraph (e) or (i) of this section.
ETOC = Emission rate of TOC (minus methane and ethane), 
kilograms per hour, as calculated according to paragraph (f) or (i) of 
this section.
EHAP = Emission rate of total organic HAP, kilograms per 
hour, as calculated according to paragraph (f) or (i) of this section.

    (2) Nonhalogenated process vents. The owner or operator of a 
nonhalogenated process vent shall calculate the TRE index value using 
either one of the following procedures, as applicable:
    (i) TRE calculations: Part 60 regulated sources. Use the parameters 
in table 2 to this subpart and calculate the TRE index value twice, 
once using the appropriate equation (depending on the heating value and 
flow rate of the process vent) in equations 15 through 30 and once 
using the appropriate equation (depending on the heating value of the 
process vent) in equations 31 and 32. Select the lowest TRE index 
value.
    (ii) TRE calculations: Part 63 regulated sources. Use the equation 
and parameters in table 3 to this subpart and calculate the TRE index 
value using equations 34, 35, and 36 for process vents at existing 
sources; or equations 38, 39, and 40 for process vents at new sources. 
Select the lowest TRE index value.
    (3) Halogenated process vents. The owner or operator of a 
halogenated process vent stream as determined according to procedures 
specified in paragraph (g) of this section shall calculate the TRE 
index value using either one of the following procedures, as 
applicable:
    (i) TRE Calculations: Part 60 regulated sources. Use the parameters 
in table 2 to this subpart and calculate the TRE index value using the 
appropriate equation chosen from equations 1 through 14 depending on 
the heating value and flow rate of the process vent.
    (ii) TRE calculations: Part 63 regulated sources. Use the 
appropriate parameters in table 3 to this subpart and calculate the TRE 
index value using equation 33 or 37 depending on whether the process 
vent is at a new or existing source.
    (i) Engineering assessment. For purposes of TRE index value 
determination, engineering assessment may be used to determine process 
vent flow rate, net heating value, TOC emission rate, and total organic 
HAP emission rate for the representative operating condition expected 
to yield the lowest TRE index value. Engineering assessments shall meet 
the requirements of paragraphs (i)(1) through (4) of this section. If 
process vent flow rate or process vent organic HAP or TOC concentration 
is being determined for comparison with the 0.011 scmm (0.40 standard 
cubic foot) flow rate or the applicable concentration value in table 1 
to this subpart, engineering assessment may be used to determine the 
flow rate or concentration for the representative operating condition 
expected to yield the highest flow rate or concentration.
    (1) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (h) of this 
section is greater than 4.0, then the owner or operator is not required 
to perform the measurements specified in paragraphs (c) through (g) of 
this section.
    (2) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (h) of this 
section is less than or equal to 4.0, then the owner or operator is 
required either to perform the measurements specified in paragraphs (c) 
through (g) of this section for group determination or to consider the 
process vent a Group 1 process vent and comply with the requirement (or 
standard) specified in Sec. 65.63(a) and, if applicable, Sec. 65.63(b).
    (3) Engineering assessment includes, but is not limited to, the 
examples specified in paragraphs (i)(3)(i) through (iv) of this 
section.
    (i) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Maximum flow rate, TOC emission rate, organic HAP emission 
rate, organic HAP or TOC concentration, or net heating value limit 
specified or implied within a permit limit applicable to the process 
vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to, the following examples:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC or organic HAP concentrations;
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities;
    (C) Estimation of TOC or organic HAP concentrations based on 
saturation conditions; and
    (D) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound or, alternatively, as if 
all TOC in the stream were the compound with the highest heating value.
    (4) All data, assumptions, and procedures used in the engineering 
assessment shall be documented. The owner or operator shall maintain 
the records specified in Sec. 65.66(a), (b), (c), or (d), as 
applicable.


Sec. 65.65  Monitoring.

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


Sec. 65.66  Recordkeeping provisions.

    (a) TRE index value records. The owner or operator shall maintain 
records of measurements, engineering assessments, and calculations 
performed to determine the TRE index value of the process vent 
according to the procedures of Sec. 65.64(h), including those records 
associated with halogen vent stream determination. Documentation of 
engineering assessments shall include all data, assumptions, and 
procedures used for the engineering assessments, as specified in 
Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or operator 
shall include this information in the Initial Compliance Status Report.
    (b) Flow rate records. Each owner or operator who elects to 
demonstrate that a process vent is Group 2B based on a flow rate less 
than 0.011 standard cubic meter per minute (0.40 standard cubic foot 
per minute) shall record the flow rate as measured using the sampling 
site and flow rate determination procedures specified in Sec. 65.64(b) 
and (d) or determined through engineering assessment as specified in 
Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or operator 
shall include this information in the Initial Compliance Status Report.
    (c) Concentration records. Each owner or operator who elects to 
demonstrate that a process vent is Group 2B based on a concentration 
less than the

[[Page 78312]]

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


Sec. 65.67  Reporting provisions.

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


Secs. 65.68-65.79  [Reserved]

 Table 1 to Subpart D of Part 65.--Concentration for Group Determination
------------------------------------------------------------------------
           Referencing subpart                   Concentration \1\
------------------------------------------------------------------------
Subpart III of Part 60...................  NA.
Subpart NNN of Part 60...................  300 ppmv of TOC.
Subpart RRR of Part 60...................  300 ppmv of TOC.
Subpart G of Part 63.....................  50 ppmv of HAP \2\.
------------------------------------------------------------------------
\1\ The 50 ppm HAP concentration cutoff only applies to 40 CFR part 63,
  subpart G sources. Process vents subject to only 40 CFR part 60,
  subparts RRR or NNN are eligible for the 300 ppm TOC cutoff. There is
  no concentration cutoff for subpart III sources. The process vent
  provisions of subpart DDD are not consolidated under this subpart.
\2\ For process vents subject to subpart G of 40 CFR part 63, the owner
  or operator may measure HAP or TOC concentration with regard to the
  low concentration exemption provisions of this part.


[[Page 78313]]


                                                        Table 2 to Subpart D of Part 65.--TRE Parameters for NSPS Referencing Subparts\a\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Net heating                                                     Values of terms for TRE equation: TRE=A * [ B + C + D + E + F ]
   Halogenated vent stream?      value  (MJ/     Vent stream flow rate (scm/----------------------------------------------------------------------------------------------------------  Equation
                                   scm)\b\                min)\c\                   A            B             C                   D                   E                   F             number
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Yes.........................  0 H   Q 14.2                       1/ETOC           30.96334  0               0                      -0.13064QH        0                             1
                                3.5
                                                14.2 Q TOC           19.18370  0.27580Q        0.757620Q0.88          -0.13064QH        0.01025Q0.5                   2
                                                 eq>18.8
                                                18.8 Q 699        1/ETOC           20.00563  0.27580Q        0.303870Q0.88          -0.13064QH        0.01025Q0.5                   3
                                                699 Q 1400        1/ETOC           39.87022  0.29973Q        0.303870Q0.88          -0.13064QH        0.01449Q0.5                   4
                                                1400 Q 2100       1/ETOC           59.73481  0.31467Q        0.303870Q0.88          -0.13064QH        0.01775Q0.5                   5
                                                2100 Q 2800       1/ETOC           79.59941  0.32572Q        0.303870Q0.88          -0.13064QH        0.02049Q0.5                   6
                                                2800 Q 3500       1/ETOC           99.46400  0.33456Q        0.303870Q0.88          -0.13064QH        0.02291Q0.5                   7
                               H >3.5           Q 14.2                       1/ETOC           20.61052  0               0                      0                 0                             8
                                                14.2 Q TOC           18.84466  0.26742Q        -0.200440Q0.88         0                 0.01025Q0.5                   9
                                                 eq>18.8
                                                18.8 Q 699        1/ETOC           19.66658  0.26742Q        -0.253320Q0.88         0                 0.01025Q0.5                  10
                                                699 Q 1400        1/ETOC           39.19213  0.29062Q        -0.253320Q0.88         0                 0.01449Q0.5                  11
                                                1400 Q 2100       1/ETOC           58.71768  0.30511Q        -0.253320Q0.88         0                 0.01775Q0.5                  12
                                                2100 Q 2800       1/ETOC           78.24323  0.31582Q        -0.253320Q0.88         0                 0.02049Q0.5                  13
                                                2800 Q 3500       1/ETOC           97.76879  0.32439Q        -0.253320Q0.88         0                 0.02291Q0.5                  14
 No..........................  0 H   Q 14.2                       1/ETOC           11.01250  0               0                      -0.17109QH        0                            15
                                0.4
                                8
                                                14.2 Q TOC            8.54245  0.10555Q        0.090300Q0.88          -0.17109QH        0.01025Q0.5                  16
                                                 eq>1340
                                                1340 Q 2690       1/ETOC           16.94386  0.11470Q        0.090300Q0.88          -0.17109QH        0.01449Q0.5                  17
                                                2690 Q 4040       1/ETOC           25.34528  0.12042Q        0.090300Q0.88          -0.17109QH        0.01775Q0.5                  18
                               0.48 H TOC           13.45630  0               0                      -0.16181QH        0                            19
                                eq>1.9
                                                14.2 Q TOC            9.25233  0.06105Q        0.319370Q0.88          -0.16181QH1       0.01025Q0.5                  20
                                                 eq>1340
                                                1340 Q 2690       1/ETOC           18.36363  0.06635Q        0.319370Q0.88          -0.16181QH        0.01449Q0.5                  21
                                                2690 Q 4040       1/ETOC           27.47492  0.06965Q        0.319370Q0.88          -0.16181QH        0.01775Q0.5                  22
                               1.9 H TOC            7.96988  0               0                      0                 0                            23
                                eq>3.6
                                                14.2 Q TOC            6.67868  0.06943Q        0.025820Q0.88          0                 0.01025Q0.5                  24
                                                 eq>1180
                                                1180 Q 2370       1/ETOC           13.21633  0.07546Q        0.025820Q0.88          0                 0.01449Q0.5                  25
                                                2370 Q 3550       1/ETOC           19.75398  0.07922Q        0.025820Q0.88          0                 0.01775Q0.5                  26
                               H >3.6           Q 14.2                       1/ETOC            6.67868  0               0.02220Q0.88H0.88      -0.00707QH        0.02036H0.5                  27
                                                Q 14.2 and        1/ETOC            6.67868  0               0.02220Q0.88H0.88      -0.00707QH        0.00540Q0.5H0.5              28
                                                14.2 Q*(H/3.6)
                                                 1180
                                                Q 14.2 and        1/ETOC           13.21633  0               0.02412Q0.88H0.88      -0.00707QH        0.00764Q0.5H0.5              29
                                                1180 Q*(H/3.6) 2370
                                                Q 14.2 and        1/ETOC           19.75398  0               0.02533Q0.88H0.88      -0.00707QH        0.00936Q0.5H0.5              30
                                                2370 Q*(H/3.6) 3550
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 No..........................  0 H   All                          1/ETOC               2.08  2.25Q           0.288Q0.8              -0.193QH          -0.0051ETOC                  31
                                11.2
                               H TOC               2.08  0.309Q          0.0619Q0.8             -0.0043QH         -0.0043ETOC                 32
                                eq>11.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 \a\ Use according to procedures outlined in Sec.  65.64(h).
 \b\ MJ/scm = mega Joules per standard cubic meter.
\c\ scm/min = standard cubic meters per minute.


[[Page 78314]]


                                     Table 3 To Subpart D of Part 65.--TRE Parameters for HON Referencing Subpartsa
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Values of terms for TRE equation: TRE = A * [ B + C + D + E + F ]
                                 Halogenated   ---------------------------------------------------------------------------------------------------------
       Existing or new?          vent stream?                                                                                                   Equation
                                                      A            B            C             D              E                    F              number
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing.....................  Yes............  1/EHAP             3.995  0.05200Q                0  -0.001769H         0.0009700ETOC                 33
                               No.............  1/EHAP             1.935  0.3660Q                 0  -0.007687H         -0.000733ETOC                 34
                                                1/EHAP             1.492  0.06267Q                0  0.03177H           -0.001159ETOC                 35
                                                1/EHAP             2.519  0.01183Q                0  0.01300H           0.04790ETOC                   36
New..........................  Yes............  1/EHAP            1.0895  0.01417Q                0  -0.000482H         0.0002645ETOC                 37
                               No.............  1/EHAP            0.5276  0.0998Q                 0  -0.002096H         -0.0002000ETOC                38
                                                1/EHAP            0.4068  0.0171Q                 0  0.008664H          -0.000316ETOC                 39
                                                1/EHAP            0.6868  0.00321Q                0  0.003546H          0.01306ETOC                  40
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in Sec.  65.64(h).

Subpart E--Transfer Racks


Sec. 65.80  Applicability.

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


Sec. 65.81  Definitions.

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


Sec. 65.82  Design requirements.

    (a) The owner or operator shall equip each transfer rack with 
either one of the following equipment:
    (1) A closed vent system which routes the regulated material vapors 
to a control device as provided in Sec. 65.83(a)(1) and (2).
    (2) Process piping which routes the regulated material vapors to a 
process or a fuel gas system as provided in Sec. 65.83(a)(4), or to a 
vapor balance system as provided in Sec. 65.83(a)(3).
    (b) Each closed vent system shall be designed to collect the 
regulated material displaced from tank trucks or railcars during 
loading and to route the collected regulated material to a control 
device as provided in Sec. 65.83(a)(1) and (2).
    (c) Process piping shall be designed to collect the regulated 
material displaced from tank trucks or railcars during loading and to 
route the collected regulated material vapors to a process or a fuel 
gas system as provided in Sec. 65.83(a)(4), or to a vapor balance 
system as provided in Sec. 65.83(a)(3).
    (d) Each closed vent system shall meet the applicable requirements 
of Sec. 65.143.
    (e) If the collected regulated material vapors are routed to a 
process or a fuel gas system as provided in Sec. 65.83(a)(4), then each 
owner or operator shall meet the applicable requirements of 
Sec. 65.142(c).


Sec. 65.83  Performance requirements.

    (a) The owner or operator of the transfer rack shall comply with 
paragraph (a)(1), (2), (3), or (4) of this section.
    (1) 98 Percent or 20 parts per million by volume standard. Use a 
control device to reduce emissions of regulated material by 98 weight-
percent or to an exit concentration of 20 parts per million by volume, 
whichever is less stringent. For combustion devices, the emission 
reduction or concentration shall be calculated on a dry basis, 
corrected to 3 percent oxygen. The owner or operator shall meet the 
applicable requirements of Sec. 65.142(c). Compliance may be achieved 
by using any combination of control devices.
    (2) Flare. Reduce emissions of regulated material using a flare 
meeting the applicable requirements of Sec. 65.142(c).
    (3) Vapor balancing. Reduce emissions of regulated material using a 
vapor balancing system designed and operated to collect regulated 
material vapors displaced from tank trucks or railcars during loading; 
and to route the collected regulated material vapors to the storage 
vessel from which the liquid being loaded originated, or to another 
storage vessel connected to a common header, or to compress and route 
collected regulated material vapors to a process. Transfer racks for 
which the owner or operator is using a vapor balancing system are 
exempt from the closed vent system design requirements of Sec. 65.82(b) 
and (d), the halogenated vent stream control requirements of paragraph 
(b) of this section, the control device operation requirements of 
Sec. 65.84(b), the monitoring requirements of Sec. 65.86, and the 
requirements of subpart G of this part.
    (4) Route to a process or fuel gas system. Route emissions of 
regulated material to a process or fuel gas system. The owner or 
operator shall meet the applicable requirements of Sec. 65.142(c) and 
is exempt from the closed vent system design requirements of paragraphs 
Sec. 65.82(b) and (d), the halogenated vent stream control requirements 
of paragraph (b) of this section, the control device operation 
requirements of Sec. 65.84(b), and the monitoring requirements of 
Sec. 65.86. If the emissions are routed to a process, the regulated 
material in the emissions shall predominantly meet one of, or a 
combination of, the ends specified in the following:
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (b) Additional control requirements for halogenated vent streams. 
Halogenated vent streams from transfer racks that are combusted shall 
be controlled according to paragraph (b)(1) or (2) of this section. The 
owner or operator shall either designate the transfer rack vent stream 
as a halogenated vent stream or shall determine whether the vent stream 
is halogenated using the procedures specified in Sec. 65.85(c). If 
determined, the halogen concentration in the vent stream shall be 
recorded and reported in the Initial Compliance Status Report as 
specified in Sec. 65.160(d). If the owner or operator designates the 
vent stream as a halogenated vent stream, then this shall also be 
recorded and reported in the Initial Compliance Status Report.

[[Page 78315]]

    (1) Halogen reduction device following combustion. If a combustion 
device is used to comply with paragraph (a)(1) of this section for a 
halogenated vent stream, then the vent stream exiting the combustion 
device shall be ducted to a halogen reduction device including, but not 
limited to, a scrubber before it is discharged to the atmosphere, and 
the halogen reduction device shall meet the requirements of paragraph 
(b)(1)(i) or (ii) of this section, as applicable. The halogenated vent 
stream shall not be combusted using a flare.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens by 99 percent or shall reduce the outlet mass 
emission rate of total hydrogen halides and halogens to 0.45 kilogram 
per hour (0.99 pound per hour) or less, whichever is less stringent. 
The owner or operator shall meet the applicable requirements of 
Sec. 65.142(c).
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the halogen reduction device shall reduce 
overall emissions of hydrogen halides and halogens by 95 percent or 
shall reduce the outlet mass of total hydrogen halides and halogens to 
less than 0.45 kilogram per hour (0.99 pound per hour), whichever is 
less stringent. The owner or operator shall meet the applicable 
requirements of Sec. 65.142(c).
    (2) Halogen reduction device prior to combustion. A halogen 
reduction device, such as a scrubber, or other technique may be used to 
make the vent stream nonhalogenated by reducing the vent stream halogen 
atom mass emission rate to less than 0.45 kilogram per hour (0.99 pound 
per hour) prior to any combustion control device used to comply with 
the requirements of paragraph (a)(1) or (2) of this section. The mass 
emission rate of halogen atoms contained in organic compounds prior to 
the combustor shall be determined according to the procedures in 
Sec. 65.85(c). The owner or operator shall maintain the record 
specified in Sec. 65.160(d) and submit the report specified in 
Sec. 65.165(d).


Sec. 65.84  Operating requirements.

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


Sec. 65.85  Procedures.

    (a) Vapor tightness. For the purposes of demonstrating vapor 
tightness to determine compliance with Sec. 65.84(c)(2), the following 
procedures and equipment shall be used:
    (1) The pressure test procedures specified in Method 27 of appendix 
A of 40 CFR part 60; and
    (2) A pressure measurement device that has a precision of 
2.5 millimeters of mercury (0.10 inch) or better and that 
is capable of measuring above the pressure at which the tank truck or 
railcar is to be tested for vapor tightness.
    (b) Engineering assessment. Engineering assessment to determine if 
a vent stream is halogenated or flow rate of a gas stream includes, but 
is not limited to, the following examples:
    (1) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (2) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (3) Maximum flow rate or halogen emission rate specified or implied 
within a permit limit applicable to the process vent.
    (4) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties.
    (5) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (c) Halogenated vent stream determination. In order to determine 
whether a vent stream is halogenated, the mass emission rate of halogen 
atoms contained in organic compounds shall be calculated as specified 
in paragraphs (c)(1) and (2) of this section.
    (1) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume by compound) 
shall be determined based on any of the following procedures:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the vent stream; or
    (ii) Applicable engineering assessment as specified in paragraph 
(b) of this section; or
    (iii) Concentration of organic compounds containing halogens 
measured by Method 18 of appendix A of 40 CFR part 60; or
    (iv) 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.
    (2) Equation 85-1 of this section shall be used to calculate the 
mass emission rate of halogen atoms:

[[Page 78316]]

[GRAPHIC] [TIFF OMITTED] TR14DE00.004


Where:

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


Sec. 65.86  Monitoring.

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


Sec. 65.87  Recordkeeping provisions.

    The owner or operator of a transfer rack shall record that either 
the verification of U.S. Department of Transportation (DOT) tank 
certification or Method 27 of appendix A of 40 CFR part 60 testing 
required in Sec. 65.84(c) has been performed. Various methods for the 
record of verification can be used, such as a check off on a log sheet, 
a list of DOT serial numbers or Method 27 data, or a position 
description for gate security showing that the security guard will not 
allow any trucks on-site that do not have the appropriate 
documentation.


Secs. 65.88-65.99  [Reserved]

Subpart F--Equipment Leaks


Sec. 65.100  Applicability.

    (a) Equipment subject to this subpart. The provisions of this 
subpart and subpart A of this part apply to equipment that contains or 
contacts regulated material. Compliance with this subpart instead of 
the referencing subpart does not alter the applicability of the 
referencing subpart. This subpart applies only to the equipment to 
which the referencing subpart applies. This part does not extend 
applicability to equipment that is not regulated by the referencing 
subpart.
    (b) Equipment in vacuum service. Equipment in vacuum service is 
excluded from the requirements of this subpart.
    (c) Equipment in service less than 300 hours per calendar year. 
Equipment intended to be in regulated material service less than 300 
hours per calendar year is excluded from the requirements of 
Secs. 65.106 through 65.115 and Sec. 65.117 if it is identified as 
required in Sec. 65.103(b)(6).
    (d) Lines and equipment not containing process fluids. Lines and 
equipment not containing process fluids are not subject to the 
provisions of this subpart. Utilities and other nonprocess lines, such 
as heating and cooling systems that do not combine their materials with 
those in the processes they serve, are not considered to be part of a 
process unit.


Sec. 65.101  Definitions.

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


Sec. 65.102  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b) 
of this section do not apply to the performance standards of 
Sec. 65.111(b) for pressure relief devices or Sec. 65.112(f) for 
compressors operating under the alternative compressor standard.
    (b) Requests by owners or operators. An owner or operator may 
request a determination of alternative means of emission limitation to 
the requirements of Secs. 65.106 through 65.115 as provided in 
paragraph (d) of this section. If the Administrator makes a 
determination that a means of emission limitation is a permissible 
alternative, the owner or operator shall either comply with the 
alternative or comply with the requirements of Secs. 65.106 through 
65.115.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of 
equipment used to control equipment leaks of a regulated material may 
apply to the Administrator for approval of an alternative means of 
emission limitation that achieves a reduction in emissions of the 
regulated material equivalent to the reduction achieved by the 
equipment, design, and operational requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraph (d) of this section.
    (d) Permission to use an alternative means of emission limitation. 
Permission to use an alternative means of emission limitation shall be 
governed by the procedures in paragraph (d)(1) through (4) of this 
section.
    (1) Where the standard is an equipment, design, or operational 
requirement, the following requirements 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 following 
requirements 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) The owner or operator shall demonstrate the emission reduction 
achieved by the required work practice and the proposed alternative 
means of emission limitation.

[[Page 78317]]

    (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 and 
will consider the commitment in paragraph (d)(2)(iv) of this section.
    (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.
    (3) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (4) If in the judgment of the Administrator an alternative means of 
emission limitation will be approved, the Administrator will publish a 
notice of the determination in the Federal Register using the 
procedures pursuant to Sec. 65.8(a).


Sec. 65.103  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart shall be identified. Identification of the equipment does not 
require physical tagging of the equipment. For example, the equipment 
may be identified on a plant site plan, in log entries, by designation 
of process unit boundaries, by some form of weatherproof 
identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Secs. 65.106 through 65.115 shall 
be specifically identified as required in paragraphs (b)(1) through (6) 
of this section, as applicable. Paragraph (b) of this section does not 
apply to an owner or operator of a batch product-process who elects to 
pressure test the batch product-process equipment train pursuant to 
Sec. 65.117.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provisions of Sec. 65.108(e)(2), and 
instrumentation systems identified pursuant to paragraph (b)(5) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors subject to Sec. 65.108(e)(3) shall be distinguished 
from other connectors. Connectors need not be individually identified 
if all connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated. With respect to connectors, the 
identification shall be complete no later than the completion of the 
initial survey required by Sec. 65.108(a).
    (2) [Reserved]
    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system and control device. Identify the equipment that the 
owner or operator elects to route to a process or fuel gas system or 
equip with a closed vent system and control device under the provisions 
of Sec. 65.107(e)(3) (pumps in light liquid service), Sec. 65.109(e)(3) 
(agitators), Sec. 65.111(d) (pressure relief devices in gas/vapor 
service), Sec. 65.112(e) (compressors), or Sec. 65.118 (alternative 
means of emission limitation for enclosed-vented process units).
    (4) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks under the provisions of Sec. 65.111(e).
    (5) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of this subpart. Individual components in an 
instrumentation system need not be identified.
    (6) Equipment in service less than 300 hours per calendar year. 
Identify either by list, location (area or group), or other method, 
equipment in regulated material service less than 300 hours per 
calendar year within a process unit subject to the provisions of this 
subpart.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 65.106(e)(1), pumps 
meeting the provisions of Sec. 65.107(e)(6), connectors meeting the 
provisions of Sec. 65.108(e)(1), and agitators meeting the provisions 
of Sec. 65.109(e)(7) may be designated unsafe-to-monitor if the owner 
or operator determines that monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with the monitoring 
requirements of this subpart.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 65.106(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) of this 
section apply. Agitators meeting the provisions of Sec. 65.109(e)(5) 
may be designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(ii) of this section apply.
    (i) Valves. The owner or operator of the valve: (A) 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 the process unit within which the valve is located is a 
regulated source for which the owner or operator commenced 
construction, reconstruction, or modification prior to the compliance 
date of the referencing subpart; or
    (B) Designates less than 3 percent of the total number of valves 
within the process unit 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 difficult-to-monitor.
    (4) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor according to the provisions 
of paragraph (c)(1) of this section shall have a written plan that 
requires monitoring of the equipment as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in Sec. 65.105 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year and repair of the equipment according to 
the procedures in Sec. 65.105 if a leak is detected.
    (d) Special equipment designations: Equipment that is unsafe to 
repair.--(1) Designation and criteria. Connectors subject to the 
provisions of Sec. 65.105(e) may be designated unsafe to repair if the 
owner or operator determines that repair personnel would be exposed to 
an immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit shutdown as specified in 
Sec. 63.105(e).
    (2) Identification of equipment. The identity of connectors 
designated as unsafe to repair and an explanation why the connector is 
unsafe to repair shall be recorded.

[[Page 78318]]

    (e) Special equipment designations: Compressors operating with an 
instrument reading of less than 500 parts per million. Identify the 
compressors that the owner or operator elects to designate as operating 
with an instrument reading of less than 500 parts per million under the 
provisions of Sec. 65.112(f).
    (f) Special equipment designations: Equipment in heavy liquid 
service. The owner or operator of equipment in heavy liquid service 
shall comply with the requirements of either paragraph (f)(1) or (2) of 
this section as provided in paragraph (f)(3) of this section.
    (1) Retain information, data, and analyses used to determine that a 
piece of equipment is in heavy liquid service.
    (2) When requested by the Administrator, demonstrate that the piece 
of equipment or process is in heavy liquid service.
    (3) A determination or demonstration that a piece of equipment or 
process is in heavy liquid service shall include an analysis or 
demonstration that the process fluids do not meet the definition of 
``in light liquid service.'' Examples of information that could 
document this include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.


Sec. 65.104  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas/vapor 
service and in light liquid service shall be monitored pursuant to 
Sec. 65.106(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 65.107(b).
    (iii) Connectors in gas/vapor service and in light liquid service 
shall be monitored pursuant to Sec. 65.108(b).
    (iv) Agitators in gas/vapor service and in light liquid service 
shall be monitored pursuant to Sec. 65.109(b).
    (v) Pressure relief devices in gas/vapor service shall be monitored 
pursuant to Sec. 65.111(b) and (c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million as described in Sec. 65.103(e) shall be 
monitored pursuant to Sec. 65.112(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec. 65.107(b)(4) and (e)(1)(v).
    (ii) Agitators in gas/vapor service and in light liquid service 
shall be observed pursuant to Sec. 65.109(b)(3) or (e)(1)(v).
    (b) Instrument monitoring methods. Instrument monitoring as 
required under this subpart shall comply with the requirements 
specified in paragraphs (b)(1) through (6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 
appendix A of 40 CFR part 60, 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 appendix 
A of 40 CFR part 60, except the instrument response factor criteria in 
section 3.1.2(a) of Method 21 shall be for the representative 
composition of the process fluid not each individual organic compound 
in the stream. For process streams that contain nitrogen, air, water, 
or other inerts that are not organic hazardous air pollutants or 
volatile organic compounds, the 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. 
Maintain the record specified by Sec. 65.119(b)(8).
    (ii) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument shall be calibrated before use on each day of its use by the 
procedures specified in Method 21 of appendix A of 40 CFR part 60.
    (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 (5) of 
this section may still be used to qualify initially for less frequent 
monitoring under the provisions in Sec. 65.106(a)(2), (b)(3), or (b)(4) 
for valves or Sec. 65.108(b)(3) for connectors, provided the departures 
from the criteria or from the specified monitoring frequency of 
Sec. 65.106(b)(3) or (4) are minor and do not significantly affect the 
quality of the data. Examples of minor departures are monitoring at a 
slightly different frequency (such as every 6 weeks instead of monthly 
or quarterly), following the performance criteria of section 3.1.2(a) 
of Method 21 of appendix A of 40 CFR part 60 instead of paragraph 
(b)(2) of this section, or monitoring using a different leak definition 
if the data would indicate the presence or absence of a leak at the 
concentration specified in this subpart. Failure to use a calibrated 
instrument is not considered a minor departure.
    (c) Instrument monitoring readings and background adjustments. The 
owner or operator may elect to adjust or not to adjust the instrument 
readings for background. If an owner or operator elects not to adjust 
instrument readings for background, the owner or operator shall monitor 
the equipment according to the procedures specified in paragraphs 
(b)(1) through (5) of this section. In such cases, all instrument 
readings shall be compared directly to the applicable leak definition 
for the monitored equipment to determine whether there is a leak or to 
determine compliance with Sec. 65.111(b) (pressure relief devices) or 
Sec. 65.112(f) (alternative compressor standard). If an owner or 
operator elects to adjust instrument readings for background, the owner 
or

[[Page 78319]]

operator shall monitor the equipment according to the following 
procedures:
    (1) The requirements of paragraphs (b)(1) through (5) of this 
section shall apply.
    (2) The background level shall be determined using the procedures 
in Method 21 of appendix A of 40 CFR part 60.
    (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 appendix A of 40 CFR part 60.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definition for the monitored equipment to 
determine whether there is a leak or to determine compliance with 
Sec. 65.111(b) (pressure relief devices) or Sec. 65.112(f) (alternative 
compressor standard).
    (d) Sensory monitoring methods. Sensory monitoring consists of 
visual, audible, olfactory, or any other detection method used to 
determine a potential leak to the atmosphere.
    (e) Leaking equipment identification and records. (1) When each 
leak is detected, a weatherproof and readily visible identification 
shall be attached to the leaking equipment.
    (2) When each leak is detected, the information specified in 
paragraphs (e)(2)(i) and (ii) of this section shall be recorded and 
kept pursuant to Sec. 65.4(a), except the information for valves 
complying with the 2-year monitoring period allowed under 
Sec. 65.106(b)(3)(v), and connectors complying with the 8-year 
monitoring period allowed under Sec. 65.108(b)(3)(iii) shall be kept 5 
years beyond the date of the last use of the information to set a 
monitoring period.
    (i) The instrument, the equipment identification, and the 
instrument operator's name, initials, or identification number if a 
leak is detected or confirmed by instrument monitoring.
    (ii) The date the leak was detected.


Sec. 65.105  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical but not later than 15 calendar days 
after it is detected except as provided in paragraph (d) or (e) of this 
section. A first attempt at repair as defined in subpart A of this part 
shall be made no later than 5 calendar days after the leak is detected. 
First attempt at repair for pumps includes, but is not limited to, 
tightening the packing gland nuts and/or ensuring that the seal flush 
is operating at design pressure and temperature. First attempt at 
repair for valves includes, but is not limited to, tightening the 
bonnet bolts, and/or replacing the bonnet bolts, and/or tightening the 
packing gland nuts, and/or injecting lubricant into the lubricated 
packing.
    (b) [Reserved]
    (c) Leak identification removal. (1) Valves and connectors. The 
leak identification on a valve in gas/vapor or light liquid service may 
be removed after it has been monitored as specified in 
Sec. 65.106(d)(2) and no leak has been detected during that monitoring. 
The leak identification on a connector in gas/vapor or light liquid 
service may be removed after it has been monitored as specified in 
Sec. 65.108(b)(3)(iv) and no leak has been detected during that 
monitoring.
    (2) Other equipment. The identification that has been placed 
pursuant to Sec. 65.104(e)(1) on equipment determined to have a leak, 
except for a valve or for a connector that is subject to the provisions 
of Sec. 65.108(b)(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 (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 repair within 15 days 
was technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days after a leak is detected is 
technically infeasible without a process unit shutdown. Repair of this 
equipment shall occur as soon as practical, but no later than the end 
of the next process unit shutdown, except as provided in paragraph 
(d)(5) of this section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that 
does not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the following provisions 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 routed to a process or fuel gas system or is collected 
and destroyed or recovered in a control device complying with 
Sec. 65.115.
    (4) Delay of repair for pumps is also allowed if the provisions of 
paragraphs (d)(4)(i) and (ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions 
of Sec. 65.116(d) will provide better performance or one of the 
following specifications are met:
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 65.107(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 65.107(e)(2) will be 
installed; or
    (C) A system that routes emissions to a process or a fuel gas 
system or a closed vent system and control device that meets the 
requirements of Sec. 65.107(e)(3) will be installed.
    (ii) Repair is completed as soon as practical but not later than 6 
months after the leak was detected.
    (5) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, and valve assembly supplies have been depleted, 
and valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the second process unit 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    (e) Unsafe-to-repair: Connectors. Any connector that is designated 
as described in Sec. 65.103(d) as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 65.108(d) and paragraph (a) of 
this section if the provisions of Sec. 65.103(d) are met.
    (f) Leak repair records. For each leak detected, the information 
specified in paragraphs (f)(1) through (5) of this section shall be 
recorded and kept pursuant to Sec. 65.4(a).
    (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 appendix A 
of 40 CFR part 60 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 the paragraphs (f)(4)(i) and (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/

[[Page 78320]]

shutdown/malfunction plan required by Sec. 65.6 for the source or may 
be part of a separate document that is maintained at the plant site. In 
such cases, reasons for delay of repair may be documented by citing the 
relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked onsite before depletion and the reason for depletion.
    (5) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.


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

    (a) Compliance schedule. (1) The owner or operator shall comply 
with this section no later than the implementation date specified in 
Sec. 65.1(f).
    (2) The use of monitoring data generated before the regulated 
source became subject to the referencing subpart to qualify initially 
for less frequent monitoring is governed by the provisions of 
Sec. 65.104(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or 
paragraph (e) of this section, the owner or operator shall monitor all 
valves at the intervals specified in paragraphs (b)(3) and/or (b)(4) of 
this section and shall comply with all other provisions of this 
section.
    (1) Monitoring method. The valves shall be monitored to detect 
leaks by the method specified in Sec. 65.104(b) and (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 (v) of this section and shall keep the record specified in 
paragraph (b)(3)(vi) of this section.
    (i) If at least the greater of two valves or 2 percent of the 
valves in a process unit leak, as calculated according to paragraph (c) 
of this section, the owner or operator shall monitor each valve once 
per month.
    (ii) At process units with less than the greater of two leaking 
valves or 2 percent leaking valves, the owner or operator shall monitor 
each valve once each quarter except as provided in paragraphs 
(b)(3)(iii) through (v) of this section. Monitoring data generated 
before the regulated source became subject to the referencing subpart 
and meeting the criteria of either Sec. 65.104(b)(1) through (5) or 
Sec. 65.104(b)(6) may be used to qualify initially for less frequent 
monitoring under paragraphs (b)(3)(iii) through (v) of this section.
    (iii) At process units with less than 1 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 
quarters.
    (iv) At process units with less than 0.5 percent leaking valves, 
the owner or operator may elect to monitor each valve once every 4 
quarters.
    (v) At process units with less than 0.25 percent leaking valves, 
the owner or operator may elect to monitor each valve once every 2 
years.
    (vi) The owner or operator shall keep a record of the monitoring 
schedule for each process unit.
    (4) Valve subgrouping. For a process unit or a group of process 
units to which this subpart applies, an owner or operator may choose to 
subdivide the valves in the applicable process unit or group of process 
units and apply the provisions of paragraph (b)(3) of this section to 
each subgroup. If the owner or operator elects to subdivide the valves 
in the applicable process unit or group of process units, then the 
provisions of paragraphs (b)(4)(i) through (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 (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 following provisions:
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than 1 year of monitoring data or 
valves not monitored within the last 12 months must be placed initially 
into the most frequently monitored subgroup until at least 1 year of 
monitoring data have been obtained.
    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the 
most recent monitoring period for the less frequently monitored 
subgroup. The monitoring results must be included with that less 
frequently monitored subgroup's associated percent leaking valves 
calculation for that monitoring event.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the 
period of the less frequently monitored subgroup (for example, for the 
last 12 months, if the valve or group of valves is to be reassigned to 
a subgroup being monitored annually). Nonrepairable valves may not be 
reassigned to a less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the applicable process unit or 
group of process units is less than 2 percent leaking valves and so 
indicate the performance in the next periodic report. If the overall 
performance of total valves in the applicable process unit or group of 
process units is 2 percent leaking valves or greater, the owner or 
operator shall no longer subgroup and shall revert to the program 
required in paragraphs (b)(1) through (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 106-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.005


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 the following records:
    (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

[[Page 78321]]

required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of 
the decision to begin or end subgrouping valves. The notification shall 
identify the participating process units and the number of valves 
assigned to each subgroup, if applicable. The notification may be 
included in a periodic report if the periodic report is submitted no 
later than 30 days prior to the beginning of the next monitoring 
period.
    (vi) The owner or operator shall submit in the periodic reports the 
following information:
    (A) Total number of valves in each subgroup; and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (c)(2) of this section shall be 
used.
    (viii) Except for the overall performance calculations required by 
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a separate process unit for the purposes of 
applying the provisions of this section.
    (c) Percent leaking valves calculation--(1) Calculation basis and 
procedures. (i) The owner or operator shall decide no later than the 
implementation date of this part or upon revision of an operating 
permit whether to calculate percent leaking valves on a process unit or 
group of process units basis. Once the owner or operator has decided, 
all subsequent percentage calculations shall be made on the same basis, 
and this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each 
process unit or valve subgroup, as provided in paragraph (b)(4) of this 
section, shall be calculated using Equation 106-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.020


Where:

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

    (2) Calculation for monitoring frequency. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
monthly, quarterly, or semiannual monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last two monitoring periods. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
annual or biennial (once every 2 years) monitoring frequencies, the 
percent leaking valves shall be the arithmetic average of the percent 
leaking valves from the last three monitoring periods.
    (3) Nonrepairable valves. (i) Nonrepairable valves shall be 
included in the calculation of percent leaking valves the first time 
the valve is identified as leaking and nonrepairable and as required to 
comply with paragraph (c)(3)(ii) of this section. Otherwise, a number 
of nonrepairable valves (identified and included in the percent leaking 
valves calculation in a previous period) up to a maximum of 1 percent 
of the total number of valves in regulated material service at a 
process unit may be excluded from calculation of percent leaking valves 
for subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in regulated material service at a process unit, 
the number of nonrepairable valves exceeding 1 percent of the total 
number of valves in regulated material service shall be included in the 
calculation of percent leaking valves.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 65.105, as applicable.
    (2) After a leak determined under 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 
paragraph (d) of this section is in addition to the monitoring required 
to satisfy the definition of repair.
    (i) The monitoring shall be conducted as specified in 
Sec. 65.104(b) and (c), as appropriate, to determine whether the valve 
has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of paragraph (d) of this 
section if the timing of the monitoring period coincides with the time 
specified in paragraph (d) of this section. Alternatively, other 
monitoring may be performed to satisfy the requirements of paragraph 
(d) of this section regardless of whether the timing of the monitoring 
period for periodic monitoring coincides with the time specified in 
paragraph (d) of this section.
    (iii) If a leak is detected by monitoring that is conducted under 
paragraph (d)(2) of this section, the owner or operator shall comply 
with the following provisions 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. 65.103(c)(1) as an 
unsafe-to-monitor valve is exempt from the requirements of paragraph 
(b) and (d)(2) of this section, and the owner or operator shall monitor 
the valve according to the written plan specified in Sec. 65.103(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated as 
described in Sec. 65.103(c)(2) as a difficult-to-monitor valve is 
exempt from the requirements of paragraph (b) of this section, and the 
owner or operator shall monitor the valve according to the written plan 
specified in Sec. 65.103(c)(4).
    (3) Less than 250 valves. Any equipment located at a plant site 
with fewer than 250 valves in regulated material service is exempt from 
the requirements for monthly monitoring specified in paragraph 
(b)(3)(i) of this section. Instead, the owner or operator shall monitor 
each valve in regulated material service for leaks once each quarter or 
comply with paragraph (b)(3)(iii), (iv), or (v) of this section except 
as provided in paragraphs (e)(1) and (2) of this section.


Sec. 65.107  Standards: Pumps in light liquid service.

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

[[Page 78322]]

shall monitor each pump to detect leaks and shall comply with all other 
provisions of this section.
    (1) Monitoring method. The pumps shall be monitored monthly to 
detect leaks by the method specified in Sec. 65.104(b) and (c).
    (2) Instrument reading that defines a leak. The following leak 
definitions determined through instrument readings apply:
    (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 comply with either of the 
following procedures:
    (i) The owner or operator shall monitor the pump as specified in 
Sec. 65.104(b) and (c) unless the pump has already been monitored since 
the last routine monthly monitoring required by paragraph (b)(1) of 
this section. If monitoring is performed and the instrument reading 
indicates a leak as specified in paragraph (b)(2) of this section, a 
leak is detected and the leak shall be repaired using the procedures in 
Sec. 65.105, except as specified in paragraph (b)(3) of this section; 
or
    (ii) The owner or operator shall eliminate the visual indications 
of liquids dripping.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the implementation date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit basis or group of process units basis. Once the 
owner or operator has decided, all subsequent percentage calculations 
shall be made on the same basis.
    (2) If, when calculated on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit or three 
pumps in a process unit leak, the owner or operator shall implement a 
quality improvement program for pumps that complies with the 
requirements of Sec. 65.116.
    (3) The number of pumps at a process unit shall be the sum of all 
the pumps in regulated material service, except that pumps found 
leaking in a continuous process unit within 1 month after startup of 
the pump shall not count in the percent leaking pumps calculation for 
that one monitoring period only.
    (4) Percent leaking pumps shall be determined by Equation 107-1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.021


Where:


%PL = Percent leaking pumps.
PL = Number of pumps found leaking as determined through 
monthly monitoring as required in paragraph (b)(1) of this section.
PS = Number of pumps leaking within 1 month of startup 
during the current monitoring period.
PT = Total pumps in regulated material service, including 
those meeting the criteria in paragraphs (e)(1), (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. 65.105, as applicable.
    (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 (viii) of this section are met.
    (i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates 
failure of the seal system, the barrier fluid system, or both. The 
owner or operator shall keep records of the design criteria and an 
explanation of the design criteria, and any changes to these criteria 
and the reasons for the changes.
    (ii) Each dual mechanical seal system shall meet the following 
three requirements:
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except periods of start-up, shutdown, or malfunction) greater 
than the pump stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of 
Sec. 65.115; 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 either one of the following procedures prior to 
the next required inspection:
    (A) The owner or operator shall monitor the pump as specified in 
Sec. 65.104(b) and (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. 65.105; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this 
section the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec. 65.105.
    (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.

[[Page 78323]]

    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system. Any pump that is routed to a process or fuel gas 
system or equipped with a closed vent system that captures and 
transports leakage from the pump to a control device meeting the 
requirements of Sec. 65.115 is exempt from the requirements of 
paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this 
section and the daily requirements of paragraph (e)(1)(vii) of this 
section provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) Ninety percent exemption. If more than 90 percent of the pumps 
at a process unit meet the criteria in either paragraph (e)(1) or (2) 
of this section, the process unit 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. 65.103(c)(1) as an unsafe-to-monitor pump is exempt 
from the requirements of paragraph (b) of this section, the monitoring 
and inspection requirements of paragraphs (e)(1)(v) through (viii) of 
this section, and the owner or operator shall monitor and repair the 
pump according to the written plan specified in Sec. 65.103(c)(4).


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

    (a) Compliance schedule. Except as allowed in Sec. 65.102(b) or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in each process unit initially for leaks by 
either 12 months after the implementation date as specified in 
Sec. 65.1(f) or 12 months after initial startup, whichever is later. If 
all connectors in each process unit have been monitored for leaks prior 
to the implementation date specified in Sec. 65.1(f), 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. 65.102(b) or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in gas/vapor and light liquid service as 
specified in paragraphs (a) and (b)(3) of this section.
    (1) Monitoring method. The connectors shall be monitored to detect 
leaks by the method specified in Sec. 65.104(b) and (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 (iii) 
of this section, and shall comply with the requirements of paragraphs 
(b)(3)(iv) and (v) of this section. The required period in which 
monitoring must be conducted shall be determined from paragraphs 
(b)(3)(i) through (iii) of this section using the monitoring results 
from the preceding monitoring period. The percent leaking connectors 
shall be calculated as specified in paragraph (c) of this subpart.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of paragraph (b)(3)(ii) of this section by monitoring at 
least 40 percent of the connectors within 2 years of the start of the 
monitoring period, provided all connectors have been monitored by the 
end of the 4-year monitoring period.
    (iii) If the percent leaking connectors in the process unit was 
less than 0.25 percent, then monitor as provided in paragraph 
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or 
(C) of this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is 
greater than or equal to 0.35 percent of the monitored connectors, the 
owner or operator shall monitor as soon as practical, but within the 
next 6 months, all connectors that have not yet been monitored during 
the monitoring period. At the conclusion of monitoring, a new 
monitoring period shall be started pursuant to paragraph (b)(3) of this 
section, based on the percent leaking connectors of the total monitored 
connectors.
    (C) If the percent leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is less 
than 0.35 percent of the monitored connectors, the owner or operator 
shall monitor all connectors that have not yet been monitored within 8 
years of the start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraphs 
(b)(3)(i) through (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 108-1 
of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.006


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

    (d) Leak repair. If a leak is detected pursuant to paragraphs (a) 
and (b) of this section, then the leak shall be repaired using the 
procedures in Sec. 65.105, as applicable.
    (e) Special provisions for connectors.--(1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in 
Sec. 65.103(c)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraphs (a) and (b) of this section and the owner or 
operator shall monitor according to the written plan specified in 
Sec. 65.103(c)(4).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined (for 
example, porcelain, glass, or glass-lined), is exempt from the 
monitoring requirements of paragraphs (a) and (b) of this section and 
from the recordkeeping and reporting requirements of Secs. 65.119 and 
65.120. An inaccessible connector is one that

[[Page 78324]]

meets any of the following provisions, 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.
    (3) Connectors referenced from 40 CFR part 60, subpart VV or 40 CFR 
part 61, subpart V. For sources referenced to this part from 40 CFR 
part 61, subpart VV, or from 40 CFR part 61, subpart V, connectors are 
exempt from the requirements of paragraphs (a) through (d) of this 
section and the owner or operator shall comply with the following 
paragraphs:
    (i) Connectors shall be monitored within 5 days by the method 
specified in Sec. 65.104(b) and (c) if evidence of a potential leak is 
found by visual, audible, olfactory, or any other detection method.
    (ii) If an instrument reading of 500 parts per million or greater 
is measured, a leak is detected.
    (iii) When a leak is detected, it shall be repaired using the 
procedures in Sec. 65.105, as applicable.


Sec. 65.109  Standards: Agitators in gas/vapor service and in light 
liquid service.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f).
    (b) Leak detection. (1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in 
Sec. 65.104(b) and (c), except as provided in Sec. 65.102(b) or 
paragraph (e) of this section.
    (2) Instrument reading that defines a leak. If an instrument 
reading of 10,000 parts per million or greater is measured, a leak is 
detected.
    (3) Visual inspection. Each agitator seal shall be checked by 
visual 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 comply with either of the following procedures 
prior to the next required inspection:
    (i) The owner or operator shall monitor the agitator seal as 
specified in Sec. 65.104(b) and (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.
    (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. 65.105(a).
    (e) Special provisions for agitators. (1) Dual mechanical seal. 
Each agitator equipped with a dual mechanical seal system that includes 
a barrier fluid system is exempt from the requirements of paragraph (b) 
of this section provided the requirements specified in paragraphs 
(e)(1)(i) through (vi) of this section are met.
    (i) Each dual mechanical seal system shall meet any one of the 
following requirements:
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except during periods of startup, shutdown, or malfunction) 
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system, or connected by a closed vent 
system to a control device that meets the requirements of Sec. 65.115; 
or
    (C) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow either of the following procedures prior to the next required 
inspection:
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 65.104(b) and (c) to determine the presence of 
regulated material in the barrier fluid. If an instrument reading of 
10,000 parts per million or greater is measured, a leak is detected and 
it shall be repaired using the procedures in Sec. 65.105; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system 
shall meet the following requirements:
    (A) The owner or operator shall determine based on design 
considerations and operating experience criteria that indicates failure 
of the seal system, the barrier fluid system, or both and that are 
applicable to the presence and frequency of drips. If indications of 
liquids dripping from the agitator seal exceed the criteria, or if 
based on the criteria the sensor indicates failure of the seal system, 
the barrier fluid system, or both, a leak is detected and shall be 
repaired pursuant to Sec. 65.105, as applicable.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria, and any changes to these 
criteria and the reasons for the changes.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a 
closed vent system. Any agitator that is routed to a process or fuel 
gas system or equipped with a closed vent system that captures and 
transports leakage from the agitator to a control device meeting the 
requirements of Sec. 65.115 is exempt from the requirements of 
paragraph (b) of this section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of

[[Page 78325]]

this section provided that each agitator is visually inspected as often 
as practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated as described in Sec. 65.103(c)(2) as a difficult-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator shall monitor the agitator seal 
according to the written plan specified in Sec. 65.103(c)(4).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (b) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated as described in Sec. 65.103(c)(1) as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in 
Sec. 65.103(c)(4).


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f).
    (b) Leak detection. Unless otherwise specified in Sec. 65.102(b), 
the owner or operator shall comply with the following:
    (1) Monitoring method. Pumps, valves, connectors, and agitators in 
heavy liquid service; pressure relief devices in light liquid or heavy 
liquid service; and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec. 65.104(b) and (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 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 it shall be repaired pursuant to Sec. 65.105, as 
applicable.
    (c) Leak repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in 
Sec. 65.104(b), repaired shall mean that the visual, audible, 
olfactory, or other indications of a leak to the atmosphere have been 
eliminated; that no bubbles are observed at potential leak sites during 
a leak check using soap solution; or that the system will hold a test 
pressure.


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

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f).
    (b) Compliance standard. Except during pressure releases as 
provided for in paragraph (c) of this section, each pressure relief 
device in gas/vapor service shall be operated with an instrument 
reading of less than 500 parts per million as measured by the method 
specified in Sec. 65.104(b) and (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. 65.105(d).
    (2) The pressure relief device shall be monitored no later than 5 
calendar days after the pressure release and being returned to 
regulated material service to confirm the condition indicated by an 
instrument reading of less than 500 parts per million as measured by 
the method specified in Sec. 65.104(b) and (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 capable of capturing and 
transporting leakage from the pressure relief device to a control 
device meeting the requirements of Sec. 65.115 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 new rupture disk upstream of 
the pressure relief device as soon as practical after each pressure 
release, but no later than 5 calendar days after each pressure release 
except as provided in Sec. 65.105(d).


Sec. 65.112  Standards: Compressors.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f).
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere except as provided in 
Sec. 65.102(b) and paragraphs (e) and (f) of this section. Each 
compressor seal system shall meet any one of the following 
requirements:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of start-up, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that 
is routed to a process or fuel gas system, or connected by a closed 
vent system to a control device that meets the requirements of 
Sec. 65.115; or
    (3) Equipped with a closed-loop system that purges the barrier 
fluid directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator 
shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, 
a leak is detected and shall be repaired pursuant to Sec. 65.105, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria, and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a 
closed vent

[[Page 78326]]

system. A compressor is exempt from the requirements of paragraphs (b) 
through (d) of this section if it is equipped with a system to capture 
and transport leakage from the compressor drive shaft seal to a process 
or a fuel gas system or to a closed vent system that captures and 
transports leakage from the compressor to a control device meeting the 
requirements of Sec. 65.115.
    (f) Alternative compressor standard. (1) Any compressor that is 
designated as described in Sec. 65.103(e) shall operate at all times 
with an instrument reading of less than 500 parts per million. A 
compressor so designated is exempt from the requirements of paragraphs 
(b) through (d) of this section if the compressor is demonstrated 
initially upon designation, annually, and at other times requested by 
the Administrator to be operating with an instrument reading of less 
than 500 parts per million as measured by the method specified in 
Sec. 65.104(b) and (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. 65.113  Standards: Sampling connection systems.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f).
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed-purge, closed-loop, or closed vent system except 
as provided in paragraph (d) of this section or Sec. 65.102(b). Gases 
displaced during filling of the sample container are not required to be 
collected or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system as required in paragraph (b) of this section 
shall meet the following applicable requirements:
    (1) The system shall return the purged process fluid directly to a 
process line or to a fuel gas system; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a control device that meets the requirements of 
Sec. 65.115; or
    (4) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (i) A waste management unit as defined in 40 CFR 63.111, if the 
waste management unit is complying with the provisions of 40 CFR part 
63, subpart G, applicable to Group 1 wastewater streams. For sources 
referenced to this part from 40 CFR part 63, subpart H, and if the 
purged process fluid does not contain any organic HAP listed in table 9 
of 40 CFR part 63, subpart G, the waste management unit need not be 
subject to and operated in compliance with the requirements of 40 CFR 
part 63, subpart G, applicable to Group 1 wastewater steams provided 
the facility has a National Pollution Discharge Elimination System 
(NPDES) permit or sends the wastewater to an NPDES-permitted facility; 
or
    (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; and
    (5) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.


Sec. 65.114  Standards: Open-ended valves or lines.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f).
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve except as provided in Sec. 65.102(b) and paragraphs (c) 
and (d) of this section. The cap, blind flange, plug, or second valve 
shall seal the open end at all times except during operations requiring 
process fluid flow through the open-ended valve or line, or during 
maintenance. The operational provisions of paragraphs (b)(2) and (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. 65.115  Standards: Closed vent systems and control devices; or 
emissions routed to a fuel gas system or process.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in 
Sec. 65.1(f).
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and nonflare control devices used to comply with provisions of 
this subpart shall design and operate the closed vent systems and 
nonflare control devices to reduce emissions of regulated material with 
an efficiency of 95 percent or greater, or to reduce emissions of 
regulated material to a concentration of 20 parts per million by volume 
or, for an enclosed combustion device, to provide a minimum residence 
time of 0.50 second at a minimum of 760  deg.C (1400  deg.F). Owners 
and operators of closed vent systems and nonflare control devices used 
to comply with this part shall comply with the provisions of 
Sec. 65.142(d), except as provided in Sec. 65.102(b). Note that this 
includes the startup, shutdown, and malfunction plan specified in 
Sec. 65.6.
    (2) Owners or operators of closed vent systems and flares used to 
comply with the provisions of this subpart shall design and operate the 
flare as specified in Sec. 65.142(d), except as provided in 
Sec. 65.102(b). Note that this includes the startup, shutdown, and 
malfunction plan specified in Sec. 65.6.
    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of 
Sec. 65.142(d), except as provided in Sec. 65.102(b).


Sec. 65.116  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit (or plant 
site) or three pumps in a process unit (or plant site) leak, the owner 
or operator shall comply with the following requirements:
    (1) Pumps that are in food/medical service or in polymerizing 
monomer

[[Page 78327]]

service shall comply with all requirements except for those specified 
in paragraph (d)(8) of this section.
    (2) Pumps that are not in food/medical or polymerizing monomer 
service shall comply with all requirements of this section.
    (b) Exiting the QIP. The owner or operator shall comply with the 
requirements of this section until the number of leaking pumps is less 
than the greater of either 10 percent of the pumps or three pumps 
calculated as a 6-month rolling average in the process unit (or plant 
site). Once the performance level is achieved, the owner or operator 
shall comply with the requirements in Sec. 65.107.
    (c) Resumption of QIP. If in a subsequent monitoring period, the 
process unit (or plant site) has the greater of 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 (8) of this 
section.
    (1) The owner or operator shall comply with the requirements in 
Sec. 65.107.
    (2) Data collection. The owner or operator shall collect the data 
specified in paragraphs (d)(2)(i) through (v) of this section and 
maintain records for each pump in each process unit (or plant site) 
subject to the quality improvement program. The data may be collected 
and the records may be maintained on a process unit or plant site 
basis.
    (i) Pump type (for example, piston, horizontal or vertical 
centrifugal, gear, bellows); pump manufacturer; seal type and 
manufacturer; pump design (for example, external shaft, flanged body); 
materials of construction; if applicable, barrier fluid or packing 
material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units, a description of any maintenance or quality assurance programs 
used in the process unit that are intended to improve emission 
performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit (or plant site) remains in the 
quality improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall 
inspect all pumps or pump seals that exhibited frequent seal failures 
and were removed from the process unit due to leaks. The inspection 
shall determine the probable cause of the pump seal failure or of the 
pump leak and shall include recommendations, as appropriate, for design 
changes or changes in specifications to reduce leak potential.
    (5) Data analysis. (i) The owner or operator shall analyze the data 
collected to comply with the requirements of paragraph (d)(2) of this 
section to determine the services, operating or maintenance practices, 
and pump or pump seal designs or technologies that have poorer than 
average emission performance and those that have better than average 
emission performance. The analysis shall determine if specific trouble 
areas can be identified on the basis of service, operating conditions 
or maintenance practices, equipment design, or other process-specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit or 
plant site. A candidate superior performing pump or pump seal 
technology is one demonstrated or reported in the available literature 
or through a group study as having low emission performance and as 
being capable of achieving less than 10 percent leaking pumps in the 
process unit (or plant site).
    (iii) The analysis shall include consideration of the following 
information:
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
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 
intracompany program (or through some combination of the two 
approaches) and may be for a single process unit, a plant site, a 
company, or a group of process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using data collected for a minimum of 6 
months. An analysis of the data shall be done each year the process 
unit is in the quality improvement program.
    (6) Trial evaluation program. A trial evaluation program shall be 
conducted at each plant site for which the data analysis does not 
identify use of superior performing pump seal technology or pumps that 
can be applied to the areas identified as having poorer than average 
performance except as provided in paragraph (d)(6)(v) of this section. 
The trial program shall be used to evaluate the feasibility of using in 
the process unit (or plant site) the pump designs or seal technologies, 
and operating and maintenance practices that have been identified by 
others as having low emission performance.
    (i) The trial evaluation program shall include on-line trials of 
pump seal technologies or pump designs and operating and maintenance 
practices that have been identified in the available literature or in 
analysis by others as having the ability to perform with leak rates 
below 10 percent in similar services, as having low probability of 
failure, or as having no external actuating mechanism in contact with 
the process fluid. If any of the candidate superior performing pump 
seal technologies or pumps is not included in the performance trials, 
the reasons for rejecting specific technologies from consideration 
shall be documented as required in paragraph (e)(3)(ii) of this 
section.
    (ii) The number of pump seal technologies or pumps in the trial 
evaluation program shall be the lesser of 1 percent or two pumps for 
programs involving single process units, and the lesser of 1 percent or 
five pumps for programs involving a plant site or groups of process 
units. The minimum number of pumps or pump seal technologies in a trial 
program shall be one.
    (iii) The trial evaluation program shall specify and include 
documentation of the following information:

[[Page 78328]]

    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial pump seal 
technologies or pumps.
    (iv) The performance trials shall initially be conducted at least 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that, combined 
with appropriate process, operating, and maintenance practices, operate 
with low emission performance for specific applications in the process 
unit. The owner or operator shall continue to conduct performance 
trials as long as no superior performing design or technology has been 
identified, except as provided in paragraph (d)(6)(vi) of this section. 
The initial list of superior emission performance pump designs or pump 
seal technologies shall be amended in the future, as appropriate, as 
additional information and experience are obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump 
replacement program at the start of the fourth year of the quality 
improvement program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit may stop conducting 
performance trials provided that a superior performing design or 
technology has been demonstrated, or there are no technically feasible 
alternative superior technologies remaining. The owner or operator 
shall prepare an engineering evaluation documenting the physical, 
chemical, or engineering basis for the judgment that the superior 
emission performance technology is technically infeasible or 
demonstrating that it would not reduce emissions.
    (7) Quality assurance program. Each owner or operator shall prepare 
and implement a pump quality assurance program that details purchasing 
specifications and maintenance procedures for all pumps and pump seals 
in the process unit. The quality assurance program may establish any 
number of categories, or classes, of pumps as needed to distinguish 
among operating conditions and services associated with poorer than 
average emission performance, as well as those associated with better 
than average emission performance. The quality assurance program shall 
be developed considering the findings of the data analysis required 
under paragraph (d)(5) of this section, if applicable; the findings of 
the trial evaluation required in paragraph (d)(6) of this section; and 
the operating conditions in the process unit. The quality assurance 
program shall be updated each year as long as the process unit has the 
greater of either 10 percent or more leaking pumps or has three leaking 
pumps.
    (i) The quality assurance program shall meet the following 
requirements:
    (A) Establish minimum design standards for each category of pumps 
or pump seal technology. The design standards shall specify known 
critical parameters such as tolerance, manufacturer, materials of 
construction, previous usage, or other applicable identified critical 
parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the plant site or 
process unit or by a designated representative; and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications 
for the pump category and will operate so that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees, and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.
    (8) Pump or pump seal replacement. Beginning at the start of the 
third year of the quality improvement program for plant sites with 400 
or more valves or 100 or more employees and at the start of the fourth 
year of the quality improvement program for plant sites with less than 
400 valves and less than 100 employees, the owner or operator shall 
replace as described in paragraphs (d)(8)(i) and (ii) of this section 
the pumps or pump seals that are not superior emission performance 
technology with pumps or pump seals that have been identified as 
superior emission performance technology and that comply with the 
quality assurance standards for the pump category. Superior emission 
performance technology is that category or design of pumps or pump 
seals with emission performance that, when combined with appropriate 
process, operating, and maintenance practices, will result in less than 
10 percent leaking pumps for specific applications in the process unit 
or plant site. Superior emission performance technology includes 
material or design changes to the existing pump, pump seal, seal 
support system, installation of multiple mechanical seals or 
equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. 
The calculated value shall be rounded to the nearest nonzero integer 
value. The minimum number of pumps or pump seals shall be one. Pump 
replacement shall continue until all pumps subject to the requirements 
of Sec. 65.107 are pumps determined to be superior performance 
technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit 
shutdown provided the number of pump seals and pumps replaced is 
equivalent to the 20 percent or greater annual replacement rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.
    (e) QIP recordkeeping. In addition to the records required by 
paragraph (d)(2) of this section, the owner or operator shall maintain 
records for the period of the quality improvement program for the 
process unit as specified in paragraphs (e)(1) through (6) of this 
section.
    (1) When using a pump quality improvement program as specified in 
this section, record the following information:
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the 
requirements of

[[Page 78329]]

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 following information:
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions, and the maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies and documentation of the performance trial program 
items required under paragraph (d)(6)(iii) of this section.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps 
as specified in paragraph (d)(7) of this section, including records 
indicating that all pumps replaced or modified during the period of the 
quality improvement program are in compliance with the quality 
assurance.
    (5) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in paragraph (d)(8) of 
this section.
    (6) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.


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

    (a) General requirement. As an alternative to complying with the 
requirements of Secs. 65.106 through 65.114 and Sec. 65.116, an owner 
or operator of a batch process that operates in regulated material 
service during the calendar year may comply with one of the standards 
specified in paragraphs (b) and (c) of this section, or the owner or 
operator may petition for approval of an alternative standard under the 
provisions of Sec. 65.102(b). The alternative standards of this section 
provide the options of pressure testing or monitoring the equipment for 
leaks. The owner or operator may switch among the alternatives provided 
the change is documented as specified in paragraph (b)(7) of this 
section.
    (b) Pressure testing of the batch equipment. The following 
requirements shall be met if an owner or operator elects to use 
pressure testing of batch product-process equipment to demonstrate 
compliance with this subpart:
    (1) Reconfiguration. Each time equipment is reconfigured for 
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before 
regulated material is first fed to the equipment and the equipment is 
placed in regulated material service.
    (i) When the batch product-process equipment train is reconfigured 
to produce a different product, pressure testing is required only for 
the new or disturbed equipment.
    (ii) Each batch product-process that operates in regulated material 
service during a calendar year shall be pressure-tested at least once 
during that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, 
such as changing hoses or filters, that are not part of the 
reconfiguration to produce a different product or intermediate.
    (2) Testing procedures. The batch product-process equipment shall 
be tested either using the procedures specified in paragraph (b)(5) of 
this section for pressure vacuum loss or with a liquid using the 
procedures specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a 
leak is detected if the rate of change in pressure is greater than 6.9 
kilopascals (1 pound per square inch gauge) in 1 hour or if there is 
visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4) Leak repair. (i) If a leak is detected, it shall be repaired 
and the batch product-process equipment shall be retested before 
startup of the process.
    (ii) If a batch product-process fails the retest (the second of two 
consecutive pressure tests), it shall be repaired as soon as practical 
but not later than 30 calendar days after the second pressure test, 
except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The 
following procedures 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 Equation 117-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.007


Where:

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

    (iv) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) that has a precision of 
2.5 millimeters mercury (0.10 inch of mercury) in the range 
of test pressure and is capable of measuring pressures up to the relief 
set pressure of the pressure relief device. If such a pressure 
measurement device is not reasonably available, the owner or operator 
shall use a pressure measurement device with a precision of at least 
10 percent of the test pressure

[[Page 78330]]

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 following 
procedures shall be used to pressure test batch product-process 
equipment using a liquid to demonstrate compliance with the 
requirements of paragraph (b)(3)(ii) of this section:
    (i) The batch product-process equipment train or section of the 
equipment train shall be filled with the test liquid (for example, 
water, alcohol) until normal operating pressure is obtained. Once the 
equipment is filled, the liquid source shall be shut off.
    (ii) The test shall be conducted for a period of at least 60 
minutes unless it can be determined in a shorter period of time that 
the test is a failure.
    (iii) Each seal in the equipment being tested shall be inspected 
for indications of liquid dripping or other indications of fluid loss. 
If there are any indications of liquids dripping or of fluid loss, a 
leak is detected.
    (iv) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.
    (7) Pressure testing recordkeeping. The owner or operator of a 
batch product-process who elects to pressure test the batch product-
process equipment train to demonstrate compliance with this subpart 
shall maintain records of the information specified in paragraphs 
(b)(7)(i) through (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, as specified in paragraph (b)(4)(ii) of 
this section, the following information shall be recorded in a log and 
kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt;
    (B) Repair methods applied in each attempt to repair the leak;
    (C) The reason for the delay of repair;
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.
    (c) Equipment monitoring. The following requirements shall be met 
if an owner or operator elects to monitor the equipment in a batch 
process to detect leaks by the method specified in Sec. 65.104(b) and 
(c) to demonstrate compliance with this subpart:
    (1) The owner or operator shall comply with the requirements of 
Secs. 65.106 through 65.116 as modified by paragraphs (c)(2) through 
(4) of this section.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 65.104(b) and (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 the 
following:
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of startup of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 65.108.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 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 (for example, month, quarter, year), provided the monitoring is 
conducted at a reasonable interval after completion of the last 
monitoring campaign. For example, if the equipment is not operating 
during the scheduled monitoring period, the monitoring can be done 
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as 
practical but not later than 15 calendar days after it is detected 
except as provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process 
units that the owner or operator elects to monitor as provided under 
paragraph (c) of this section, the owner or operator shall prepare a 
list of equipment added to batch product-process units since the last 
monitoring period required in paragraphs (c)(3)(ii) and (iii) of this 
section.
    (2) Maintain records demonstrating the proportion of the time 
during the calendar year the equipment is in use in a batch process 
that is subject to the provisions of this subpart. Examples of suitable 
documentation are records of time in use for individual pieces of 
equipment or average time in use for the process unit. These records 
are not required if the owner or operator does not adjust monitoring 
frequency by the time in use, as provided in paragraph (c)(3)(iii) of 
this section.
    (3) Record and keep pursuant to Sec. 65.4 the date and results of 
the monitoring required in paragraph (c)(3)(i) of this section for 
equipment added to a batch product-process unit since the last 
monitoring period required in paragraphs (c)(3)(ii) and (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 provided the following conditions 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 following 
periodic report to be filed pursuant to Sec. 65.120(b) shall include 
the following information for each process unit:
    (1) Batch product-process equipment train identification;
    (2) The number of pressure tests conducted;

[[Page 78331]]

    (3) The number of pressure tests where the equipment train failed 
the pressure test; and
    (4) The facts that explain any delay of repairs.


Sec. 65.118  Alternative means of emission limitation: Enclosed-vented 
process units.

    (a) Use of closed vent system and control device. Process units 
that are 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 Sec. 65.115 are exempt from the requirements of 
Secs. 65.106 through 65.114 and Sec. 65.116. The enclosure shall be 
maintained under a negative pressure at all times while the process 
unit is in operation to ensure that all emissions are routed to a 
control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the following records:
    (1) Identification of the process unit(s) and the regulated 
materials they handle.
    (2) A schematic of the process unit, enclosure, and closed vent 
system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.


Sec. 65.119  Recordkeeping provisions.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(for example, quarterly monitoring, quality improvement) for each type 
of equipment. The records required by this subpart are summarized in 
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in 
Sec. 65.103(a) through (c), the owner or operator shall keep general 
and specific equipment identification if the equipment is not 
physically tagged and the owner or operator is electing to identify the 
equipment subject to subpart F of this part through written 
documentation such as a log or other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 65.103(c)(4) for any equipment that is designated as unsafe- or 
difficult-to-monitor.
    (3) The owner or operator shall maintain a record of the identity 
and an explanation as specified in Sec. 65.103(d)(2) for any equipment 
that is designated as unsafe to repair.
    (4) As specified in Sec. 65.103(e), the owner or operator shall 
maintain a record of the identity of compressors operating with an 
instrument reading of less than 500 parts per million.
    (5) The owner or operator shall keep records associated with the 
determination that equipment is in heavy liquid service as specified in 
Sec. 65.103(f).
    (6) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 65.104(e)(2).
    (7) The owner or operator shall keep records for leak repair as 
specified in Sec. 65.105(f) and records for delay of repair as 
specified in Sec. 65.105(d).
    (8) For instrument response factor criteria determinations 
performed pursuant to Sec. 65.104(b)(2)(i), the owner or operator shall 
maintain a record of an engineering assessment that identifies the 
representative composition of the process fluid. The assessment shall 
be based on knowledge of the compounds present in the process, 
similarity of response factors for the materials present, the range of 
compositions encountered during monitoring, or other information 
available to the owner or operator.
    (9) The owner or operator shall keep records of the detection limit 
calibration as specified in Sec. 65.104(b)(3).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the following records:
    (i) The monitoring schedule for each process unit as specified in 
Sec. 65.106(b)(3)(v).
    (ii) The valve subgrouping records specified in 
Sec. 65.106(b)(4)(iv), if applicable.
    (2) For pumps, the owner or operator shall maintain the following 
records:
    (i) Documentation of pump visual inspections as specified in 
Sec. 65.107(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 65.107(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips 
for dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec. 65.107(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the 
records specified in Sec. 65.108(b)(3)(v) which identify a monitoring 
schedule for each process unit.
    (4) For agitators, the owner or operator shall maintain the 
following records:
    (i) Documentation of agitator seal visual inspections as specified 
in Sec. 65.109(b)(3).
    (ii) For agitators equipped with a dual mechanical seal system that 
includes barrier fluid system, the owner or operator shall keep records 
as specified in Sec. 65.109(e)(1)(vi)(B).
    (iii) Documentation of the dual mechanical seal agitator seal 
visual inspections as specified in Sec. 65.109(e)(1)(iv).
    (5) For pressure relief devices in gas/vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec. 65.111(c)(3), or the date the rupture disk is replaced as 
specified in Sec. 65.111(e).
    (6) For compressors, the owner or operator shall maintain the 
following records:
    (i) For criteria as to failure of the seal system and/or the 
barrier fluid system, record the design criteria and explanations and 
any changes and the reason for the changes, as specified in 
Sec. 65.112(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 65.112(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain 
the following records:
    (i) Individual pump records as specified in Sec. 65.116(d)(2).
    (ii) Trial evaluation program documentation as specified in 
Sec. 65.116(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement 
that superior emission performance technology is not applicable as 
specified in Sec. 65.116(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in 
Sec. 65.116(d)(7).
    (v) QIP records as specified in Sec. 65.116(e).
    (8) For process units complying with the batch process unit 
alternative, the owner or operator shall maintain the following 
records:
    (i) Pressure test records as specified in Sec. 65.117(b)(7).
    (ii) Records for equipment added to the process unit as specified 
in Sec. 65.117(d).
    (9) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 65.118(b).

[[Page 78332]]

Sec. 65.120  Reporting provisions.

    (a) Initial Compliance Status Report. Unless the information 
specified in paragraphs (a)(1) through (3) of this section has 
previously been submitted under the referencing subpart, each owner or 
operator shall submit an Initial Compliance Status Report according to 
the procedures in Sec. 65.5(d). The notification shall include the 
information listed in paragraphs (a)(1) through (3) of this section, as 
applicable.
    (1) The notification shall provide the following information for 
each process unit subject to the requirements of this subpart:
    (i) Process unit identification;
    (ii) Number of each equipment type (for example, valves, pumps) 
excluding equipment in vacuum service; and
    (iii) Method of compliance with the standard (for example, 
``monthly leak detection and repair'' or ``equipped with dual 
mechanical seals'').
    (2) The notification shall provide the following information for 
each process unit subject to the requirements of Sec. 65.117(b):
    (i) Batch products or product codes subject to the provisions of 
this subpart; and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the following information for 
each process unit subject to the requirements in Sec. 65.118:
    (i) Process unit identification;
    (ii) A description of the system used to create a negative pressure 
in the enclosure, and the control device used to comply with the 
requirements of subpart G of this part.
    (b) Periodic reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (9) of this section, 
as applicable, in the periodic report specified in Sec. 65.5(e).
    (1) For the equipment specified in paragraphs (b)(1)(i) through (v) 
of this section, report in a summary format by equipment type the 
number of components for which leaks were detected, and for valves, 
pumps, and connectors show the percent leakers and the total number of 
components monitored. Also include the number of leaking components 
that were not repaired as required by Sec. 65.105(a), and for valves 
identify the number of components that are determined by 
Sec. 65.106(c)(3) to be nonrepairable.
    (i) Valves in gas/vapor service and in light liquid service 
pursuant to Sec. 65.106(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 65.107(b) and 
(c).
    (iii) Connectors in gas/vapor service and in light liquid service 
pursuant to Sec. 65.108(b) and (c).
    (iv) Agitators in gas/vapor service and in light liquid service 
pursuant to Sec. 65.109(b).
    (v) Compressors pursuant to Sec. 65.112(d).
    (2) Where any delay of repair is utilized pursuant to 
Sec. 65.105(d), report that delay of repair has occurred and report the 
number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information 
specified in Sec. 65.106(b)(4)(iv).
    (4) For pressure relief devices in gas/vapor service pursuant to 
Sec. 65.111(b) and for compressors pursuant to Sec. 65.112(f) that are 
to be operated at a leak detection instrument reading of less than 500 
parts per million, report the results of all monitoring to show 
compliance conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring 
program for valves pursuant to Sec. 65.106(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec. 65.116.
    (7) [Reserved]
    (8) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in Sec. 65.117(f).
    (9) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units with later 
compliance dates. Report any revisions to items reported in an earlier 
Initial Compliance Status Report if the method of compliance has 
changed since the last report.


Secs. 65.121--65.139  [Reserved]

   Table 1 to Subpart F of Part 65.--Batch Processes Monitoring Frequency for Equipment Other Than Connectors
----------------------------------------------------------------------------------------------------------------
                                             Equivalent continuous process monitoring frequency time in use
  Operating time  (percent of year)   --------------------------------------------------------------------------
                                               Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to 25..............................  Quarterly..............  Annually...............  Annually.
25 to 50.............................  Quarterly..............  Semiannually...........  Annually.
50 to 75.............................  Bimonthly..............  Three times............  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

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


Sec. 65.140  Applicability.

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


Sec. 65.141  Definitions.

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


Sec. 65.142  Standards.

    (a) Storage vessel requirements. The owner or operator expressly 
referenced to this subpart from subpart C of this part shall comply 
with the following requirements, as applicable:
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.42(b)(4) who route storage vessel emissions through a closed 
vent system to a flare shall meet the requirements in Sec. 65.143 for 
closed vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), 
and (c) for provisions regarding flare compliance determinations; and 
the monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to storage vessel 
emissions routed through a closed vent system to a flare.

[[Page 78333]]

    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.42(b)(5) who route storage vessel 
emissions through a closed vent system to a nonflare control device 
shall meet the requirements in Sec. 65.143 for closed vent systems and 
Sec. 65.145 for nonflare control devices and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to storage vessel emissions routed 
through a closed vent system to a nonflare control device unless 
specifically required in the monitoring plan submitted under 
Sec. 65.145(c).
    (3) Route to a fuel gas system or process. Owners or operators 
subject to Sec. 65.42(b)(6) who route storage vessel emissions to a 
fuel gas system or to a process shall meet the requirements in 
Sec. 65.144 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. No other provisions of this subpart 
apply to storage vessel emissions being routed to a fuel gas system or 
to a process.
    (b) Process vent requirements. The owner or operator expressly 
referenced to this subpart from subpart D of this part or 40 CFR part 
60, subpart DDD, shall comply with the following requirements, as 
applicable:
    (1) Flare. Owners or operators subject to Sec. 65.63(a)(1) or 40 
CFR 60.562-1(a)(1)(i)(C) who route process vent emissions to a flare 
shall meet the applicable requirements in Sec. 65.143 for closed vent 
systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c) for 
provisions regarding flare compliance determinations; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to process vent 
emissions routed through a closed vent system to a flare.
    (2) Nonflare control device. Owners or operators subject to 
Sec. 65.63(a)(2) or 40 CFR 60.562-1(a)(1)(i)(A) or (B) who route 
process vent emissions to a nonflare control device shall meet the 
applicable requirements in Sec. 65.143 for closed vent systems; the 
requirements applicable to the control devices being used in 
Secs. 65.148 through 65.152 or Sec. 65.155; the applicable general 
monitoring requirements of Sec. 65.156; the applicable performance test 
requirements and procedures of Secs. 65.157 and 65.158; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. Owners or operators subject to the halogen reduction device 
requirements of Sec. 65.63(b)(1) must also comply with Sec. 65.154 and 
the monitoring, recordkeeping, and reporting requirements referenced 
therein. The requirements of Secs. 65.144 through 65.146 do not apply 
to process vents. No other provisions of this subpart apply to process 
vent emissions routed through a closed vent system to a nonflare 
control device.
    (3) Final recovery devices. Owners or operators subject to 
Sec. 65.63(a)(3) who use a final recovery device to maintain the TRE 
index value of a Group 2A process vent above 1.0 shall meet the 
requirements in Sec. 65.153, and the monitoring, recordkeeping, and 
reporting requirements referenced therein applicable to the recovery 
device being used and the applicable monitoring requirements in 
Sec. 65.156, and the recordkeeping and reporting requirements 
referenced therein, except for Sec. 65.156(c)(2)(ii). No other 
provisions of this subpart apply to Group 2A process vents.
    (c) Transfer rack requirements. The owner or operator expressly 
referenced to this subpart from subpart E of this part shall comply 
with the following requirements, as applicable:
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.83(a)(2) who route transfer rack emissions through a closed 
vent system to a flare shall meet the applicable requirements in 
Sec. 65.143 for closed vent systems; Sec. 65.147 for flares; and 
Sec. 65.157(a), (b), and (c) for provisions regarding flare compliance 
determinations; and the monitoring, recordkeeping, and reporting 
requirements referenced therein. No other provisions of this subpart 
apply to transfer rack emissions routed through a closed vent system to 
a flare.
    (2) Closed vent system and nonflare control device for low-
throughput transfer racks. Owners or operators of low-throughput 
transfer racks subject to Sec. 65.83(a)(1) who route low-throughput 
transfer rack emissions through a closed vent system to a nonflare 
control device shall meet the applicable requirements in Sec. 65.143 
for closed vent systems and Sec. 65.145 for nonflare control devices 
and the monitoring, recordkeeping, and reporting requirements 
referenced therein. Owners or operators subject to the halogen 
reduction requirements of Sec. 65.83(b)(1) must also comply with the 
recordkeeping requirement of Sec. 65.160(d) and the reporting 
requirement of Sec. 65.165(d). No other provisions of this subpart 
apply to low-throughput transfer rack emissions routed through a closed 
vent system to a nonflare control device unless specifically required 
in the monitoring plan submitted under Sec. 65.145(c).
    (3) Closed vent system and nonflare control devices for high-
throughput transfer racks. Owners or operators of high-throughput 
transfer racks subject to Sec. 65.83(a)(1) who route high-throughput 
transfer rack emissions through a closed vent system to a nonflare 
control device shall meet the applicable requirements in Sec. 65.143 
for closed vent systems; the requirements applicable to the control 
device being used in Secs. 65.148 through 65.152 or Sec. 65.155; the 
applicable general monitoring of Sec. 65.156; the applicable 
performance test requirements and procedures of Secs. 65.157 and 
65.158; and the monitoring, recordkeeping, and reporting requirements 
referenced therein. Owners or operators subject to the halogen 
reduction device requirements of Sec. 65.83(b)(1) must also comply with 
Sec. 65.154 and the monitoring, recordkeeping, and reporting 
requirements referenced therein. The requirements of Secs. 65.144 
through 65.146 do not apply to high-throughput transfer rack emissions 
routed through a closed vent system to a nonflare control device. No 
other provisions of this subpart apply to high-throughput transfer rack 
emissions routed through a closed vent system to a nonflare control 
device.
    (4) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.83(a)(4) of this part who route transfer rack 
emissions to a fuel gas system or to a process shall meet the 
applicable requirements in Sec. 65.144 and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to transfer rack emissions being 
routed to a fuel gas system or to a process.
    (d) Equipment leak requirements. The owner or operator expressly 
referenced to this subpart from subpart F of this part shall comply 
with the following requirements, as applicable:
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.115(b) who route equipment leak emissions through a closed vent 
system to a flare shall meet the requirements in Sec. 65.143 for closed 
vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c) 
for provisions regarding flare compliance determinations; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to equipment leak 
emissions routed through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.115(b) who route equipment leak emissions 
through a closed vent system to a nonflare control device shall meet 
the requirements in

[[Page 78334]]

Sec. 65.143 for closed vent systems, Sec. 65.146 for nonflare control 
devices used for equipment leak emissions, and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to equipment leak emissions routed 
through a closed vent system to a nonflare control device.
    (3) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.115(b) who route equipment leak emissions to a fuel 
gas system or to a process shall meet the requirements in Sec. 65.144 
and the monitoring, recordkeeping, and reporting requirements 
referenced therein. No other provisions of this subpart apply to 
equipment leak emissions being routed to a fuel gas system or to a 
process.
    (e) Combined emissions. When emissions of different kinds (for 
example, emissions from process vents, transfer racks, and/or storage 
vessels) are combined, the owner or operator shall comply with the 
requirements of either paragraph (e)(1) or (2) of this section:
    (1) Comply with the applicable requirements of this subpart for 
each kind of emissions in the stream (for example, the requirements of 
Sec. 65.142(b) for process vents, and the requirements of 
Sec. 65.142(c) for transfer racks); or
    (2) Comply with the first set of requirements identified in 
paragraphs (e)(2)(i) through (iii) of this section which applies to any 
individual emission stream that is included in the combined stream. 
Compliance with the first applicable set of requirements identified in 
paragraphs (e)(2)(i) through (iii) of this section constitutes 
compliance with all other requirements in paragraphs (e)(2)(i) through 
(iii) of this section applicable to other types of emissions in the 
combined stream. The hierarchy is as follows:
    (i) The requirements of Sec. 65.142(b) for Group 1 process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 65.142(c) for high-throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec. 65.142(a) for control of emissions 
from storage vessels or low-throughput transfer racks, including 
monitoring, recordkeeping, and reporting.


Sec. 65.143  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. The 
provisions of paragraph (a) of this section apply to closed vent 
systems collecting regulated material from a storage vessel, process 
vent, transfer rack, or equipment leaks.
    (1) Collection of emissions. Each closed vent system shall be 
designed and operated to collect the regulated material vapors from the 
emission point and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with 
the provisions of this subpart shall be operated at all times when 
emissions are vented to them.
    (3) Bypass monitoring. Except for pressure relief devices needed 
for safety purposes, low leg drains, high point bleeds, analyzer vents, 
and open-ended valves or lines, the owner or operator shall comply with 
either of the following provisions for each closed vent system that 
contains bypass lines that could divert a vent stream to the 
atmosphere:
    (i) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 65.163(a)(1)(i). The flow indicator 
shall be installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the 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. 65.163(a)(1)(ii).
    (4) Loading arms at transfer racks. Each closed vent system 
collecting regulated material from a transfer rack shall be designed 
and operated so that regulated material vapors collected at one loading 
arm will not pass through another loading arm in the rack to the 
atmosphere.
    (5) Pressure relief devices in a transfer rack'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 paragraph (a)(5) of this section.
    (b) Closed vent system inspection requirements. The provisions of 
paragraph (b) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack or equipment 
leaks. Inspection records shall be generated as specified in 
Sec. 65.163(a)(3) and (4).
    (1) Except for closed vent systems operated and maintained under 
negative pressure and 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 following requirements:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section; and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the 
owner or operator shall conduct an initial and annual inspection 
according to the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated as 
described in Sec. 65.163(a)(2) as unsafe to inspect are exempt from the 
inspection requirements of paragraph (b)(1) of this section if the 
following conditions are met:
    (i) The owner or operator determines that the equipment is unsafe 
to inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph (b)(1) 
of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as 
described in Sec. 65.163(a)(2), as difficult-to-inspect are exempt from 
the inspection requirements of paragraph (b)(1) of this section if the 
following provisions apply:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (c) Closed vent system inspection procedures. The provisions of 
paragraph (c) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks.
    (1) Each closed vent system subject to paragraph (c) of this 
section shall be inspected according to the procedures specified in 
paragraphs (c)(1)(i) through (vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
appendix

[[Page 78335]]

A of 40 CFR part 60 except as specified in this section.
    (ii) Except as provided in paragraph (c)(1)(iii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of appendix A of 40 CFR part 60, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
representative composition of the process fluid not each individual 
organic compound in the stream. For process streams that contain 
nitrogen, air, water, or other inerts that are not organic hazardous 
air pollutants or volatile organic compounds, the response factor shall 
be determined on an inert-free basis. The response factor may be 
determined at any concentration for which the monitoring for leaks will 
be conducted. Maintain the record specified by Sec. 65.163(a)(5).
    (iii) If no instrument is available at the plant site that will 
meet the performance criteria specified in paragraph (c)(1)(ii) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid calculated on an 
inert-free basis as described in paragraph (c)(1)(ii) of this section.
    (iv) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 
appendix A of 40 CFR part 60.
    (v) Calibration gases shall be as specified in the following:
    (A) Zero air (less than 10 parts per million hydrocarbon in air).
    (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 close to the interface as possible as described in 
Method 21 of appendix A of 40 CFR part 60.
    (3) Except as provided in paragraph (c)(4) of this section, 
inspections shall be performed when the equipment is in regulated 
material service or in use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated 
material from a transfer rack shall be performed only while a tank 
truck or railcar is being loaded or is otherwise pressurized to normal 
operating conditions with regulated material or any other detectable 
gas or vapor.
    (d) Closed vent system leak repair provisions. The provisions of 
paragraph (d) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leak.
    (1) If there are visible, audible, or olfactory indications of 
leaks at the time of the annual visual inspections required by 
paragraph (b)(1)(i)(B) of this section, the owner or operator shall 
follow either of the following procedures:
    (i) The owner or operator shall eliminate the indications of the 
leak.
    (ii) The owner or operator shall monitor the equipment according to 
the procedures in paragraph (c) of this section.
    (2) Leaks as indicated by an instrument reading greater than 500 
parts per million by volume above background shall be repaired as soon 
as practical except as provided in paragraph (d)(3) of this section. 
Records shall be generated as specified in Sec. 65.163(a)(3) when a 
leak is detected.
    (i) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (ii) Except as provided in paragraph (d)(3) of this section, 
repairs shall be completed no later than 15 calendar days after the 
leak is detected or at the beginning of the next introduction of vapors 
to the system, whichever is later.
    (3) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if repair within 15 days after a leak is 
detected is technically infeasible without a closed vent system 
shutdown, as defined in Sec. 65.2, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the emissions likely to result from delay of repair. 
Repair of such equipment shall be completed as soon as practical, but 
not later than the end of the next closed vent system shutdown.


Sec. 65.144  Fuel gas systems and processes to which storage vessel, 
transfer rack, or equipment leak regulated material emissions are 
routed.

    (a) Equipment and operating requirements for fuel gas systems and 
processes. (1) Except during periods of startup, shutdown, and 
malfunction as specified in Sec. 65.3(a), the fuel gas system or 
process shall be operating at all times when regulated material 
emissions are routed to it.
    (2) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's system returning vapors to a fuel gas system or 
process shall open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to this paragraph 
(a)(2).
    (3) Each process piping system collecting regulated material from a 
transfer rack shall be designed and operated so that regulated material 
vapors collected at one loading arm will not pass through another 
loading arm in the rack to the atmosphere.
    (b) Fuel gas system and process compliance determination. (1) If 
emissions are routed to a fuel gas system, there is no requirement to 
conduct a performance test or design evaluation.
    (2) For storage vessels and transfer racks, and if emissions are 
routed to a process, the regulated material in the emissions shall 
predominantly meet one of, or a combination of, the following 
conditions, and the compliance demonstration requirements in paragraph 
(b)(3) of this section, if applicable:
    (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

[[Page 78336]]

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. The owner or operator shall submit the 
design evaluation as specified in Sec. 65.165(a)(1).
    (c) Statement of connection to fuel gas system. For storage vessels 
and transfer racks, the owner or operator shall submit the statement of 
connection reports for fuel gas systems specified in Sec. 65.165(a)(2) 
and/or (a)(3), as appropriate.


Sec. 65.145  Nonflare control devices used to control emissions from 
storage vessels or low-throughput transfer racks.

    (a) Nonflare control device equipment and operating requirements. 
The owner or operator shall operate and maintain the nonflare control 
device, including a halogen reduction device for a low-throughput 
transfer rack, so that the monitored parameters defined as required in 
paragraph (c) of this section remain within the ranges specified in the 
Initial Compliance Status Report whenever emissions of regulated 
material are routed to the control device and halogen reduction device, 
except during periods of startup, shutdown, and malfunction as 
specified in Sec. 65.3(a).
    (b) Nonflare control device design evaluation or performance test 
requirements. When using a control device other than a flare, the owner 
or operator shall comply with the requirements in paragraph (b)(1)(i), 
(ii), or (iii) of this section except as provided in paragraph (b)(2) 
of this section. Owners or operators of halogenated low-throughput 
transfer rack vent streams routed to a combustion device and then to a 
halogen reduction device to meet the specifications of 
Sec. 65.83(b)(1), must also meet the requirements of paragraph (b)(3) 
of this section.
    (1) Unless a design evaluation or performance test as required in 
the referencing subpart was previously conducted and submitted for the 
storage vessel or low-throughput transfer rack, the owner or operator 
shall either prepare and submit with the Initial Compliance Status 
Report, as specified in Sec. 65.165(b), a design evaluation that 
includes the information specified in paragraph (b)(1)(i) of this 
section, or the results of the performance test as described in 
paragraph (b)(1)(ii) or (iii) of this section.
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency during the reasonably expected maximum 
storage vessel filling or transfer loading rate. This documentation is 
to include a description of the gas stream that enters the control 
device, including flow and regulated material content; and additionally 
for storage vessels, the effects of varying liquid level conditions; 
and the information specified in paragraphs (b)(1)(i)(A) through (E) of 
this section, as applicable. This documentation shall be submitted with 
the Initial Compliance Status Report as specified in Sec. 65.165(b).
    (A) The efficiency determination is to include consideration of all 
vapors, gases, and liquids, other than fuels, received by the control 
device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
the emission reduction requirement specified in Sec. 65.42(b)(5) for 
storage vessels, or Sec. 65.83(a)(1) for transfer racks, documentation 
that those conditions exist is sufficient to meet the requirements of 
paragraph (b)(1)(i) of this section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section 
for enclosed combustion devices, the design evaluation shall include 
the estimated autoignition temperature of the stream being combusted, 
the flow rate of the stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
estimated affinity of the regulated pollutant vapors for carbon, the 
amount of carbon in each bed, the number of beds, the humidity, the 
temperature, the flow rate of the inlet stream and, if applicable, the 
desorption schedule, the regeneration stream pressure or temperature, 
and the flow rate of the regeneration stream. For vacuum desorption, 
pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the stream vapors, the type of condenser, and the design 
flow rate of the emission stream.
    (ii) Performance test. A performance test is acceptable to 
demonstrate compliance with Sec. 65.42(b)(5) for storage vessels, and 
Sec. 65.83(a)(1) for low-throughput 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 following criteria:
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1) 
for transfer racks; and
    (B) The performance test meets the applicable performance test 
requirements of Secs. 65.157 and 65.158, and the results are submitted 
as part of the Initial Compliance Status Report as specified in 
Sec. 65.165(b).
    (iii) If the control device used to comply with Sec. 65.42(b)(5) 
for storage vessels, or with Sec. 65.83(a)(1) for low-throughput 
transfer racks, as applicable, is also used to comply with 
Sec. 65.63(a)(2) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, a performance test required by 
Secs. 65.148(b), 65.149(b), 65.150(b), 65.151(b), 65.152(b), or 
65.155(b) is acceptable to demonstrate compliance with Sec. 65.42(b)(5) 
for storage vessels, or Sec. 65.83(a)(1) for low-throughput transfer 
racks, as applicable. The owner or operator is not required to prepare 
a design evaluation for the control device as described in paragraph 
(b)(1)(i) of this section, if a performance test will be performed 
which meets the following criteria:
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1) 
for transfer racks; and
    (B) The performance test is submitted as part of the Initial 
Compliance Status Report as specified in Sec. 65.165(b).
    (2) A design evaluation or performance test is not required if the 
owner or operator uses a combustion device meeting the criteria in 
paragraph (b)(2)(i), (ii), (iii), or (iv) of this section and reports 
as specified in Sec. 65.165(f).
    (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 either of the following requirements:
    (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 either of the following requirements:
    (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

[[Page 78337]]

requirements of 40 CFR part 265, subpart O.
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (3) Halogen reduction devices used for transfer racks. Unless a 
design evaluation or performance test as required in the referencing 
subpart was previously conducted and submitted for a halogen reduction 
device following a combustion device for a low-throughput transfer 
rack, the owner or operator shall either prepare and submit with the 
Initial Compliance Status Report, as specified in Sec. 65.165(b), a 
design evaluation that includes the information specified in paragraph 
(b)(3)(i) of this section, or the results of the performance test as 
described in paragraph (b)(3)(ii) or (iii) of this section. The 
provisions of this paragraph (b)(3) apply to owners or operators using 
a halogen reduction device following a combustion device to comply with 
Sec. 65.83(b)(1).
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the halogen reduction device being 
used achieves the required control efficiency during the reasonably 
expected maximum transfer loading rate. This documentation is to 
include a description of the gas stream that enters the halogen 
reduction device, including flow and regulated material content. The 
efficiency determination is to include consideration of all vapors, 
gases, and liquids, other than fuels, received by the halogen reduction 
device. This documentation shall be submitted with the Initial 
Compliance Status Report as specified in Sec. 65.165(b).
    (ii) Performance test. A performance test is acceptable to 
demonstrate compliance with Sec. 65.83(b)(1) for low-throughput 
transfer racks. The owner or operator is not required to prepare a 
design evaluation for the halogen reduction device as described in 
paragraph (b)(3)(i) of this section if a performance test will be 
performed that meets the following criteria:
    (A) The performance test demonstrates that the halogen reduction 
device achieves greater than or equal to the required control 
efficiency specified in Sec. 65.83(b)(1) for transfer racks; and
    (B) The performance test meets the applicable performance test 
requirements of Secs. 65.157 and 65.158, and the results are submitted 
as part of the Initial Compliance Status Report as specified in 
Sec. 65.165(b).
    (iii) If the halogen reduction device used to comply with 
Sec. 65.83(b)(1) for low-throughput transfer racks, is also used to 
comply with Sec. 65.63(b)(1) for process vents, or Sec. 65.83(b)(1) for 
high-throughput transfer racks, a performance test required by 
Sec. 65.154(b) is acceptable to demonstrate compliance with 
Sec. 65.83(b)(1) for low-throughput transfer racks. The owner or 
operator is not required to prepare a design evaluation for the halogen 
reduction device as described in paragraph (b)(3)(i) of this section, 
if a performance test will be performed which meets the following 
criteria:
    (A) The performance test demonstrates that the halogen reduction 
device achieves greater than or equal to the required control 
efficiency specified in Sec. 65.83(b)(1) for transfer racks; and
    (B) The performance test is submitted as part of the Initial 
Compliance Status Report as specified in Sec. 65.165(b).
    (c) Nonflare control device monitoring requirements. (1) Unless 
previously established under an applicable standard prior to the 
implementation date of this part as specified in Sec. 65.1(f), the 
owner or operator shall submit with the Initial Compliance Status 
Report a monitoring plan containing the information specified in 
Sec. 65.165(b) to identify the parameters that will be monitored to 
assure proper operation of the control device. The owner or operator of 
a halogenated low-throughput transfer rack vent stream routed to a 
combustion device and then to a halogen reduction device to meet the 
specifications of Sec. 65.83(b)(1) shall submit with the Initial 
Compliance Status Report a monitoring plan containing the information 
specified in Sec. 65.165(b) to identify the parameters that will be 
monitored to assure proper operation of the halogen reduction device.
    (2) The owner or operator shall monitor the parameters specified in 
the Initial Compliance Status Report or in the operating permit. 
Records shall be generated as specified in Sec. 65.163(b)(1).


Sec. 65.146  Nonflare control devices used for equipment leaks only.

    (a) Equipment and operating requirements. (1) Owners or operators 
using a nonflare control device to meet the applicable requirements in 
Sec. 65.115(b) 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 only to comply with the provisions of Sec. 65.115(b) 
shall monitor these control devices to ensure that they are operated 
and maintained in conformance with their design. The owner or operator 
shall maintain the records as specified in Sec. 65.163(d).


Sec. 65.147  Flares.

    (a) Flare equipment and operating requirements. Flares subject to 
this subpart shall meet the performance requirements of paragraphs 
(a)(1) through (7) of this section.
    (1) Flares shall be operated at all times when emissions are vented 
to them.
    (2) Flares shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (b)(3)(i) 
of this section, except for periods not to exceed a total of 5 minutes 
during any 2 consecutive hours.
    (3) Flares shall be operated with a flare flame or at least one 
pilot flame present at all times, as determined by the methods 
specified in paragraph (c) of this section.
    (4) An owner/operator has the choice of adhering to either the heat 
content specifications in paragraph (a)(4)(ii) of this section and the 
maximum tip velocity specifications in paragraph (a)(6) of this 
section, or adhering to the requirements in paragraph (a)(4)(i) of this 
section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume), or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, 
Vmax, as determined by Equation 147-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.008


Where:

Vmax = Maximum permitted velocity, m/sec.
K1 = Constant, 6.0 volume-percent hydrogen.
K2 = Constant, 3.9 (m/sec)/volume-percent hydrogen.
XH2 = The volume-percent of hydrogen, on a wet basis, as 
calculated by using the American Society for Testing and Materials 
(ASTM) Method D1946-77 (incorporated by reference as specified in 
Sec. 65.13).

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (b)(3)(iii) of this section.
    (ii) Flares shall be used only when the net heating value of the 
gas being combusted is 11.2 megajoules per standard cubic meter (300 
British

[[Page 78338]]

thermal units per standard cubic foot) or greater if the flare is 
steam-assisted or air-assisted, or when the net heating value of the 
gas being combusted is 7.45 megajoules per standard cubic meter (200 
British thermal units per standard cubic foot) or greater if the flare 
is nonassisted. The net heating value of the gas being combusted shall 
be determined by the methods specified in paragraph (b)(3)(ii) of this 
section.
    (5) Flares used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
    (6) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity as determined by the methods specified 
in paragraph (b)(3)(iii) of this section, less than 18.3 meters per 
second (60 feet per sec) except as provided in the following two 
paragraphs, as applicable:
    (i) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity as determined by the methods specified 
in paragraph (b)(3)(iii) of this section, equal to or less than 122 
meters per second (400 feet per second) if the net heating value of the 
gas being combusted is greater than 37.3 megajoules per standard cubic 
meter (1,000 British thermal units per standard cubic foot).
    (ii) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity as determined by the methods 
specified in paragraph (b)(3)(iii) of this section, less than the 
velocity, V max , and less than 122 meters per second (400 feet per 
sec), where the maximum permitted velocity, Vmax, is 
determined by Equation 147-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.009


Where:

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

    (7) Air-assisted flares shall be designed for and operated with an 
exit velocity as determined by the methods specified in paragraph 
(b)(3)(iii) of this section, less than the velocity, Vmax, 
where the maximum permitted velocity, Vmax, is determined by 
Equation 147-3 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.010


Where:

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

    (b) Flare compliance determination. (1) Unless an initial flare 
compliance determination of the flare was previously conducted and 
submitted under the referencing subpart, the owner or operator shall 
conduct an initial flare compliance determination of any flare used to 
comply with the provisions of this subpart. Flare compliance 
determination records shall be kept as specified in Sec. 65.159(a) and 
(b) and a flare compliance determination report shall be submitted as 
specified in Sec. 65.164. An owner or operator is not required to 
conduct a performance test to determine percent emission reduction or 
outlet regulated material or TOC concentration when a flare is used.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a flare to replace an existing 
control device at a later date, the owner or operator shall notify the 
Administrator, either by amendment of the regulated source's title V 
permit or, if title V is not applicable, by submission of the notice 
specified in Sec. 65.167(a). Upon implementing the change, a flare 
compliance determination shall be performed using the methods specified 
in paragraph (b)(3) of this section within 180 days. The compliance 
determination report shall be submitted to the Administrator within 60 
days of completing the determination as provided in Sec. 65.164(b)(2). 
If an owner or operator elects to use a flare to replace an existing 
final recovery device that is used on a Group 2A process vent, the 
owner or operator shall comply with the applicable provisions of 
Secs. 65.63(e) and 65.67(b) and submit the notification specified in 
Sec. 65.167(a).
    (3) Flare compliance determinations shall meet the requirements 
specified in paragraphs (b)(3)(i) through (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 either one of the following:
    (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 147-4 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.011


Where:

HT = Net heating value of the sample, megajoules per 
standard cubic meter; where the net enthalpy per mole of offgas is 
based on combustion at 25  deg.C and 760 millimeters of mercury (30 
inches of mercury), but the standard temperature for determining the 
volume corresponding to 1 mole is 20  deg.C;
K1 = 1.740  x  10-7 (parts per million by 
volume)-1 (gram-mole per standard cubic meter) (megajoules 
per kilocalories), where the standard temperature for gram mole per 
standard cubic meter is 20  deg.C;
Dj = Concentration of sample component j, in parts per 
million by volume on a wet basis, as measured for organics by Method 18 
of appendix A of 40 CFR part 60 and measured for hydrogen and carbon 
monoxide by American Society for Testing and Materials (ASTM) D1946-77 
(incorporated by reference as specified in Sec. 65.13); and

[[Page 78339]]

Hj = Net heat of combustion of sample component j, 
kilocalories per gram-mole at 25  deg.C and 760 millimeters of mercury 
(30 inches of mercury). The heats of combustion of stream components 
may be determined using ASTM D2382-76 (incorporated by reference as 
specified in Sec. 65.13) if published values are not available or 
cannot be calculated.

    (iii) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in units of standard temperature and 
pressure), as determined by Method 2, 2A, 2C, or 2D of appendix A of 40 
CFR part 60 as appropriate, by the unobstructed (free) cross-sectional 
area of the flare tip.
    (iv) Flare flame or pilot monitors, as applicable, shall be 
operated during any flare compliance determination.
    (c) Flare monitoring requirements. Where a flare is used, a device 
(including but not limited to a thermocouple, ultraviolet beam sensor, 
or infrared sensor) capable of continuously detecting that at least one 
pilot flame or the flare flame is present is required. Flame monitoring 
and compliance records shall be kept as specified in Sec. 65.159(c) and 
(d).


Sec. 65.148  Incinerators.

    (a) Incinerator equipment and operating requirements. (1) Owners or 
operators using incinerators to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirement as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements 
of this section.
    (2) Incinerators used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Incinerator performance test requirements. (1) Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart and except as specified in Sec. 65.157(b) and 
paragraph (b)(2) of this section, the owner or operator shall conduct 
an initial performance test of any incinerator used to comply with the 
provisions of this subpart according to the procedures in Secs. 65.157 
and 65.158. Performance test records shall be kept as specified in 
Sec. 65.160(a) and (b), and a performance test report shall be 
submitted as specified in Sec. 65.164. As provided in 
Sec. 65.145(b)(1), a performance test may be used as an alternative to 
the design evaluation for storage vessels and low-throughput transfer 
rack controls. As provided in Sec. 65.146(b), no performance test is 
required for equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test for a hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O. The owner or operator shall report as specified in 
Sec. 65.165(f).
    (3) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use an incinerator to replace an 
existing control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, an incinerator performance test shall be 
performed using the methods specified in Sec. 65.157 and within 180 
days if required by paragraph (b)(1) of this section. The performance 
test report shall be submitted to the Administrator within 60 days of 
completing the determination as provided in Sec. 65.164(b)(2). If an 
owner or operator elects to use an incinerator to replace an existing 
recovery device that is used on a Group 2A process vent, the owner or 
operator shall comply with the applicable provisions of Secs. 65.63(e) 
and 65.67(b) and submit the notification specified in Sec. 65.167(a).
    (c) Incinerator monitoring requirements. (1) Where an incinerator 
is used, a temperature monitoring device capable of providing a 
continuous record that meets the provisions specified in paragraph 
(c)(1)(i) or (ii) of this section is required. Monitoring results shall 
be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (i) Where an incinerator other than a catalytic incinerator is 
used, a temperature monitoring device shall be installed in the fire 
box or in the ductwork immediately downstream of the fire box in a 
position before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the incinerator. In order 
to establish the range, the information required in Sec. 65.165(c) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications of 
Sec. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 65.149  Boilers and process heaters.

    (a) Boiler and process heater equipment and operating requirements. 
(1) Owners or operators using boilers and process heaters to meet the 
98 weight-percent emission reduction or 20 parts per million by volume 
outlet concentration requirement as specified in Sec. 65.63(a)(2), or 
40 CFR 60.562-1(a)(1)(i)(B) for process vents, or Sec. 65.83(a)(1) for 
high-throughput transfer racks, as applicable, shall meet the 
requirements of this section.
    (2) The vent stream shall be introduced into the flame zone of the 
boiler or process heater.
    (3) Boilers and process heaters used to comply with the provisions 
of this subpart shall be operated at all times when emissions are 
vented to them.
    (b) Boiler and process heater performance test requirements. (1) 
Unless an initial performance test was previously conducted and 
submitted under the referencing subpart, and except as specified in 
Sec. 65.157(b) and paragraph (b)(2) of this section, the owner or 
operator shall conduct an initial performance test of any boiler or 
process heater used to comply with the provisions of this subpart 
according to the procedures in Secs. 65.157 and 65.158. Performance 
test records shall be kept as specified in Sec. 65.160(a) and (b), and 
a performance test report shall be submitted as specified in 
Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test may 
be used as an alternative to the design evaluation for storage vessels 
and low-throughput transfer rack controls. As provided in 
Sec. 65.146(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test when any of the control devices specified in paragraphs (b)(2)(i) 
through (iii) of this section are used. The owner or operator shall 
report as specified in Sec. 65.165(f).
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater into which the vent stream is 
introduced

[[Page 78340]]

with the primary fuel or is used as the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets either of the following requirements:
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (3) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a boiler or process heater to 
replace an existing control device at a later date, the owner or 
operator shall notify the Administrator, either by amendment of the 
regulated source's title V permit or, if title V is not applicable, by 
submission of the notice specified in Sec. 65.167(a) before 
implementing the change. Upon implementing the change, a boiler or 
process heater performance test shall be performed using the methods 
specified in Secs. 65.157 and 65.158 within 180 days if required by 
paragraph (b)(1) of this section. The performance test report shall be 
submitted to the Administrator within 60 days of completing the 
determination as provided in Sec. 65.164(b)(2). If an owner or operator 
elects to use a boiler or process heater to replace an existing 
recovery device that is used on a Group 2A process vent, the owner or 
operator shall comply with the applicable provisions of Secs. 65.63(e) 
and 65.67(b) and submit the notification specified in Sec. 65.167(a).
    (c) Boiler and process heater monitoring requirements. (1) Where a 
boiler or process heater of less than 44 megawatts (150 million British 
thermal units per hour) design heat input capacity is used and the 
regulated vent stream is not introduced as or with the primary fuel, a 
temperature monitoring device in the fire box capable of providing a 
continuous record is required. Any boiler or process heater in which 
all vent streams are introduced with primary fuel or are used as the 
primary fuel is exempt from monitoring. Monitoring results shall be 
recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (2) Where monitoring is required, the owner or operator shall 
establish a range for monitored parameters that indicates proper 
operation of the boiler or process heater. In order to establish the 
range, the information required in Sec. 65.165(c) shall be submitted in 
the Initial Compliance Status Report or the operating permit 
application or amendment. The range may be based upon a prior 
performance test meeting the specifications of Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.150  Absorbers used as control devices.

    (a) Absorber equipment and operating requirements. (1) Owners or 
operators using absorbers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements 
of this section.
    (2) Absorbers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Absorber performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
absorber used as a control device to comply with the provisions of this 
subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160(a) 
and (b), and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test 
may be used as an alternative to the design evaluation for storage 
vessels and low-throughput transfer rack controls. As provided in 
Sec. 65.146(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use an absorber to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, either of the following provisions, as 
applicable, shall be followed:
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with an absorber 
used as a control device, the owner or operator shall comply with the 
applicable provisions of Secs. 65.63(e) and 65.67(b).
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or a high-throughput 
transfer rack with an absorber used as a control device, the owner or 
operator shall perform a performance test using the methods specified 
in Secs. 65.157 and 65.158 within 180 days. The performance test report 
shall be submitted to the Administrator within 60 days of completing 
the test as provided in Sec. 65.164(b)(2).
    (c) Absorber monitoring requirements. (1) Where an absorber is used 
as a control device, either an organic monitoring device capable of 
providing a continuous record or a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device, each 
capable of providing a continuous record, shall be used. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the absorber. In order to 
establish the range, the information required in Sec. 65.165(c) shall 
be submitted in the Initial Compliance Status Report or the operating 
permit application or amendment. The range may be based upon a prior 
performance test meeting the specifications of Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.151  Condensers used as control devices.

    (a) Condenser equipment and operating requirements. (1) Owners or 
operators using condensers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements 
of this section.
    (2) Condensers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Condenser performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
condenser used as a control device to comply with the provisions of 
this subpart according to

[[Page 78341]]

the procedures in Secs. 65.157 and 65.158. Performance test records 
shall be kept as specified in Sec. 65.160(a) and (b), and a performance 
test report shall be submitted as specified in Sec. 65.164. As provided 
in Sec. 65.145(b)(1), a performance test may be used as an alternative 
to the design evaluation for storage vessels and low-throughput 
transfer rack controls. As provided in Sec. 65.146(b), no performance 
test is required to demonstrate compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a condenser to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, either of the following provisions, as 
applicable, shall be followed:
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with a condenser 
used as a control device, the owner or operator shall comply with the 
applicable provisions of Secs. 65.63(e) and 65.67(b).
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or a high-throughput 
transfer rack with a condenser used as a control device, the owner or 
operator shall perform a performance test using the methods specified 
in Secs. 65.157 and 65.158 within 180 days. The performance test report 
shall be submitted to the Administrator within 60 days of completing 
the test as provided in Sec. 65.164(b)(2).
    (c) Condenser monitoring requirements. (1) Where a condenser is 
used as a control device, an organic monitoring device capable of 
providing a continuous record or a condenser exit (product side) 
temperature monitoring device capable of providing a continuous record 
shall be used. Monitoring results shall be recorded as specified in 
Sec. 65.161. General requirements for monitoring and continuous 
parameter monitoring systems are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the condenser. In order 
to establish the range, the information required in Sec. 65.165(c) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon 
a prior performance test meeting the specifications in 
Sec. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart.


Sec. 65.152  Carbon adsorbers used as control devices.

    (a) Carbon adsorber equipment and operating requirements. (1) 
Owners or operators using carbon adsorbers to meet the 98 weight-
percent emission reduction or 20 parts per million by volume outlet 
concentration requirements as specified in Sec. 65.63(a)(2), or 40 CFR 
60.562-1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements 
of this section.
    (2) Carbon adsorbers used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Carbon adsorber performance test requirements. (1) Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
carbon absorber used as a control device to comply with the provisions 
of this subpart according to the procedures in Secs. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160(a) 
and (b), and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test 
may be used as an alternative to the design evaluation for storage 
vessels and low-throughput transfer rack controls. As provided in 
Sec. 65.146(b), no performance test is required to demonstrate 
compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use a carbon adsorber to replace an 
existing recovery or control device at a later date, the owner or 
operator shall notify the Administrator either by amendment of the 
regulated source's title V permit or, if title V is not applicable, by 
submission of the notice specified in Sec. 65.167(a) before 
implementing the change. Upon implementing the change, either of the 
following provisions, as applicable, shall be followed:
    (i) Replace final recovery device. If an owner or operator elects 
to replace the final recovery device on a process vent with a carbon 
adsorber used as a control device, the owner or operator shall comply 
with the applicable provisions of Secs. 65.63(e) and 65.67(b).
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or high-throughput 
transfer rack with a carbon adsorber used as a control device, the 
owner or operator shall perform a performance test using the methods 
specified in Secs. 65.157 and 65.158 within 180 days. The performance 
test report shall be submitted to the Administrator within 60 days of 
completing the test as provided in Sec. 65.164(b)(2).
    (c) Carbon adsorber monitoring requirements. (1) Where a carbon 
adsorber is used as a control device, an organic monitoring device 
capable of providing a continuous record, or an integrating 
regeneration stream flow monitoring device having an accuracy of 
10 percent or better capable of recording the total 
regeneration stream mass or volumetric flow for each regeneration 
cycle, and a carbon-bed temperature monitoring device capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle, shall be used. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the carbon adsorber. 
Where the regeneration stream flow and carbon-bed temperature are 
monitored, the range shall be in terms of the total regeneration stream 
flow per regeneration cycle and the temperature of the carbon-bed 
determined within 15 minutes of the completion of the regeneration 
cooling cycle. In order to establish the range, the information 
required in Sec. 65.165(c) shall be submitted in the Initial Compliance 
Status Report or the operating permit application or amendment. The 
range may be based upon a prior performance test meeting the 
specifications in Sec. 65.157(b)(1) or upon existing ranges or limits 
established under a referencing subpart.


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

    (a) Final recovery device equipment and operating requirements. (1) 
Owners or operators using a recovery device to meet the requirement to 
operate and maintain a TRE above 1.0 as specified in Sec. 65.63(a)(3) 
for process vents shall meet the requirements of this section.
    (2) Recovery devices used to comply with the provisions of this 
subpart shall

[[Page 78342]]

be operated at all times when emissions are vented to them.
    (b) Recovery device performance test requirements. (1) There are no 
performance test requirements for recovery devices. Records of TRE 
index value determination shall be generated as specified in 
Sec. 65.160(c).
    (2) Replace a final recovery device or control device. Unless 
already permitted by the applicable title V permit, if an owner or 
operator elects to use a recovery device to replace an existing final 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, the owner or operator shall comply with the 
applicable provisions of Secs. 65.63(e) and 65.67(b).
    (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 1.0 and 4.0, either an organic monitoring device 
capable of providing a continuous record, or a scrubbing liquid 
temperature monitoring device and a specific gravity monitoring device, 
each capable of providing a continuous record, shall be used. 
Monitoring results shall be recorded as specified in Sec. 65.161. 
General requirements for monitoring and continuous parameter monitoring 
systems are contained in Sec. 65.156.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between 1.0 and 4.0, an organic 
monitoring device capable of providing a continuous record, or a 
condenser exit (product side) temperature monitoring device capable of 
providing a continuous record, shall be used. Monitoring results shall 
be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between 1.0 and 4.0, an 
organic monitoring device capable of providing a continuous record, or 
an integrating regeneration stream flow monitoring device having an 
accuracy of 10 percent or better capable of recording the 
total regeneration stream mass or volumetric flow for each regeneration 
cycle, and a carbon-bed temperature monitoring device capable of 
recording the carbon-bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle, shall be used. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (4) Unless previously approved by the Administrator under an 
applicable standard prior to the implementation date of this part, as 
specified in Sec. 65.1(f), if an owner or operator uses a recovery 
device other than those listed in this subpart, the owner or operator 
shall submit a description of planned monitoring, reporting and 
recordkeeping procedures as required under Sec. 65.162(e). The 
Administrator will approve or deny the proposed monitoring, reporting 
and recordkeeping requirements as part of the review of the submission 
or permit application or by other appropriate means.
    (5) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the recovery device. In 
order to establish the range, the information required in 
Sec. 65.165(c) shall be submitted in the Initial Compliance Status 
Report or the operating permit application or amendment. The range may 
be based upon a prior performance test meeting the specifications in 
Sec. 65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart. Where the regeneration stream flow and carbon-bed 
temperature are monitored, the range shall be in terms of the total 
regeneration stream flow per regeneration cycle, and the temperature of 
the carbon-bed determined within 15 minutes of the completion of the 
regeneration cooling cycle.


Sec. 65.154  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment 
and operating requirements. (1) An owner or operator of halogen 
scrubbers and other halogen reduction devices subject to this subpart 
shall reduce the overall emissions of hydrogen halides and halogens by 
99 percent, or reduce the outlet mass of total hydrogen halides and 
halogens to less than 0.45 kilograms per hour (0.99 pound per hour) as 
specified in Sec. 65.63(b) for process vents, or Sec. 65.83(b) for 
transfer racks, as applicable, and shall meet the requirements of this 
section.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of this subpart shall be operated at all 
times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance 
test requirements. Unless an initial performance test was previously 
conducted and submitted under the referencing subpart, an owner or 
operator of a combustion device followed by a halogen scrubber or other 
halogen reduction device to control halogenated vent streams in 
accordance with Sec. 65.63(b)(1) for process vents, or Sec. 65.83(b)(1) 
for transfer racks shall conduct an initial performance test to 
determine compliance with the control efficiency or emission limits for 
hydrogen halides and halogens according to the procedures in 
Secs. 65.157 and 65.158. Performance test records shall be kept as 
specified in Sec. 65.160(a) and (b), and a performance test report 
shall be submitted as specified in Sec. 65.164.
    (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. 65.161. General requirements for monitoring and 
continuous parameter monitoring systems are contained in Sec. 65.156.
    (i) A pH monitoring device capable of providing a continuous record 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter capable of providing a continuous record shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the following procedures:
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for the chemical 
manufacturing process unit of which it is part, as specified in 40 CFR 
63.100(k) (if the referencing subpart is 40 CFR part 63, subpart F), or 
prior to the implementation date as specified in Sec. 65.1(f) (for all 
other referencing subparts), the owner or operator may determine gas 
stream flow by the method that had been utilized to comply with those 
regulations. A determination that was conducted prior to that 
compliance date may be utilized to comply with this subpart if it is 
still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method that will 
be used

[[Page 78343]]

to determine the gas stream flow. The plan shall require determination 
of gas stream flow by a method that will at least provide a value for 
either a representative or the highest gas stream flow anticipated in 
the scrubber during representative operating conditions other than 
startups, shutdowns, or malfunctions. The plan shall include a 
description of the methodology to be followed and an explanation of how 
the selected methodology will reliably determine the gas stream flow 
and a description of the records that will be maintained to document 
the determination of gas stream flow. The owner or operator shall 
maintain the plan as specified in Sec. 65.5.
    (2) Where a halogen reduction device other than a scrubber is used, 
the procedures in Sec. 65.162(e) shall be followed to establish 
monitoring parameters.
    (3) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the scrubber or other 
halogen reduction device. In order to establish the range, the 
information required in Sec. 65.165(c) shall be submitted in the 
Initial Compliance Status Report or the operating permit application or 
amendment. The range may be based upon a prior performance test meeting 
the specifications in Sec. 65.157(b)(1), or upon existing ranges or 
limits established under a referencing subpart.


Sec. 65.155  Other control devices.

    (a) Other control device equipment and operating requirements. (1) 
Owners or operators using a control device other than one listed in 
Secs. 65.147 through 65.152 to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements 
of this section.
    (2) Other control devices used to comply with the provisions of 
this subpart shall be operated at all times when emissions are vented 
to them.
    (b) Other control device performance test requirements. (1) Unless 
an initial performance test was previously conducted and submitted 
under the referencing subpart, an owner or operator of a control device 
other than those specified in Secs. 65.147 through 65.152, to comply 
with Sec. 65.63(a)(2) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, shall perform an initial performance test 
according to the procedures in Secs. 65.157 and 65.158. Performance 
test records shall be kept as specified in Sec. 65.160(a) and (b), and 
a performance test report shall be submitted as specified in 
Sec. 65.164.
    (2) Unless already permitted by the applicable title V permit, if 
an owner or operator elects to use another control device to replace an 
existing control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, another control device performance test shall 
be performed using the methods specified in Secs. 65.157 and 65.158 
within 180 days if required by paragraph (b)(1) of this section. The 
performance test report shall be submitted to the Administrator within 
60 days of completing the determination as provided in 
Sec. 65.164(b)(2). If an owner or operator elects to use a control 
device to replace an existing recovery device that is used on a Group 
2A process vent, the owner or operator shall comply with the applicable 
provisions of Secs. 65.63(e) and 65.67(b) and submit the notification 
specified in Sec. 65.167(a).
    (c) Other control device monitoring requirements. (1) Unless 
previously submitted and approved under the referencing subpart, if an 
owner or operator uses a control device other than those listed in this 
subpart, the owner or operator shall submit a description of planned 
monitoring, reporting, and recordkeeping procedures as required under 
Sec. 65.162(e). The Administrator will approve, deny, or modify based 
on the reasonableness of the proposed monitoring, reporting, and 
recordkeeping requirements as part of the review of the submission or 
permit application or by other appropriate means.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the control device. To 
establish the range, the information required in Sec. 65.165(c) shall 
be submitted in the Initial Compliance Status Report or the operating 
permit application or amendment. The range may be based upon a prior 
performance test meeting the specifications in Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.


Sec. 65.156  General monitoring requirements for control and recovery 
devices.

    (a) General monitoring requirement applicability. (1) This section 
applies to the owner or operator of a regulated source required to 
monitor under this subpart.
    (2) Flares subject to Sec. 65.147(c) are not subject to the 
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this 
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and in the relevant sections of this subpart 
unless either of the following provisions applies:
    (i) The Administrator specifies or approves the use of minor or 
intermediate changes in the specified monitoring requirements or 
procedures as provided in Sec. 65.7(b), (c), and (d); or
    (ii) The Administrator specifies or approves the use of major 
changes in the specified monitoring requirements or procedures as 
provided in Sec. 65.7(b), (c), and (d).
    (2) When one CPMS is used as a backup to another CPMS, the owner or 
operator shall report the results from the CPMS used to meet the 
monitoring requirements of this subpart. If both such CPMS are used 
during a particular reporting period to meet the monitoring 
requirements of this part, then the owner or operator shall report the 
results from each CPMS for the relevant compliance period.
    (c) Operation and maintenance of continuous parameter monitoring 
systems. (1) All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturers specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of a regulated source shall maintain and 
operate each CPMS as specified in this section or in a relevant subpart 
and in a manner consistent with good air pollution control practices.
    (i) The owner or operator of a regulated source shall ensure the 
immediate repair or replacement of CPMS parts to correct ``routine'' or 
otherwise predictable CPMS malfunctions. The necessary parts for 
routine repairs of the affected equipment shall be readily available.
    (ii) Except for Group 2A process vents, if the startup, shutdown, 
and malfunction plan is followed during a CPMS startup, shutdown, or 
malfunction and the CPMS is repaired immediately, this action shall be 
reported in the semiannual startup, shutdown, and malfunction report 
required under Sec. 65.6(c).
    (iii) The Administrator's determination of whether acceptable

[[Page 78344]]

operation and maintenance procedures are being used for the CPMS will 
be based on information that may include, but is not limited to, review 
of operation and maintenance procedures, operation and maintenance 
records, manufacturer's recommendations and specifications, and 
inspection of the CPMS.
    (3) All CPMS shall be installed and operational, and the data 
verified as specified in this subpart either prior to or in conjunction 
with conducting performance tests. Verification of operational status 
shall, at a minimum, include completion of the manufacturer's written 
specifications or recommendations for installation, operation, and 
calibration of the system or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (4) All CPMS shall be installed such that representative 
measurements of parameters from the regulated source are obtained.
    (5) In accordance with Sec. 65.3(a)(3), except for system 
breakdowns, repairs, maintenance periods, instrument adjustments or 
checks to maintain precision and accuracy, calibration checks, and zero 
and span adjustments, all CPMS shall be in continuous operation when 
emissions are being routed to the monitored device.
    (d) Except for Group 2A process vents, the parameter monitoring 
data shall be used to determine compliance with the required operating 
conditions for the monitored control devices. For each excursion, 
except for excused excursions and the excursions described in paragraph 
(d)(3) 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.
    (1) An excursion means any of the three cases listed in paragraphs 
(d)(1)(i) through (iii) of this section. For a control device where 
multiple parameters are monitored, if one or more of the parameters 
meets the excursion criteria in paragraph (d)(1)(i), (ii), or (iii) of 
this section, this is considered a single excursion for the day for the 
control device.
    (i) When the daily average value of one or more monitored 
parameters is outside the permitted range.
    (ii) When the period of control or recovery device operation is 4 
hours or greater in an operating day, and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.
    (iii) When the period of control or recovery device operation is 
less than 4 hours in an operating day, and more than 1 hour during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (d)(1)(ii) and (iii) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour. For data compression systems approved under 
Sec. 65.162(d)(4), monitoring data are insufficient to calculate a 
valid hour of data if there are less than four data values recorded 
during the hour.
    (2) One excused excursion for each control device or recovery 
device for each semiannual period is allowed.
    (3) The following excursions are not violations and do not count as 
excused excursions:
    (i) Excursions which occur during periods of startup, shutdown, and 
malfunction, when the source is being operated during such periods in 
accordance with its startup, shutdown, and malfunction plan as required 
by Sec. 65.6.
    (ii) Excursions which occur due to failure to collect a valid hour 
of data during periods of startup, shutdown, and malfunction, when the 
source is being operated during such periods in accordance with its 
startup, shutdown, and malfunction plan as required by Sec. 65.6.
    (iii) Excursions which occur during periods of nonoperation of the 
regulated source or portion thereof, resulting in cessation of the 
emissions to which monitoring applies.
    (4) Nothing in paragraph (d) of this section shall be construed to 
allow or excuse a monitoring parameter excursion caused by any activity 
that violates other applicable provisions of this part.
    (5) Paragraph (d) of this section applies to emission points and 
control devices for which continuous monitoring is required by this 
subpart, and to alternatives to continuous monitoring systems such as 
provided in Sec. 65.162(d)(3) and (d)(4). Paragraph (d)(3) of this 
section also applies to emission points and control devices which are 
not subject to continuous monitoring requirements, such as inspections 
of the closed vent system.
    (e) Alternative monitoring parameter. An owner or operator may 
request approval to monitor control, recovery, halogen scrubber, or 
halogen reduction device operating parameters other than those 
specified in this subpart by following the procedures specified in 
Sec. 65.162(e).


Sec. 65.157  Performance test and flare compliance determination 
requirements.

    (a) Performance tests and flare compliance determinations. Where 
Secs. 65.145 through 65.155 require, or the owner or operator elects to 
conduct, a performance test of a nonflare control device or a halogen 
reduction device, or a compliance determination for a flare, the 
requirements of paragraphs (b) through (d) of this section apply.
    (b) Prior test results and waivers. Initial performance tests and 
initial flare compliance determinations are required only as specified 
in this subpart.
    (1) Unless requested by the Administrator, an owner or operator is 
not required to conduct a performance test or flare compliance 
determination under this subpart if a prior performance test or 
compliance determination was conducted using the same methods specified 
in Sec. 65.158, and either no process changes have been made since the 
test or the owner or operator can demonstrate to the Administrator's 
satisfaction that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process changes.
    (2) Individual performance tests and flare compliance 
determinations may be waived upon written application to the 
Administrator per Sec. 65.164(b)(3) if, in the Administrator's 
judgment, the source is meeting the relevant standard(s) on a 
continuous basis, or the source is being operated under an extension of 
compliance under 40 CFR part 63, or a waiver of compliance under 40 CFR 
part 61, or the owner or operator has requested an extension of 
compliance under 40 CFR part 63, or a waiver of compliance under 40 CFR 
part 61, and the Administrator is still considering that request.
    (3) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notification is given to the owner 
or operator of the source.
    (c) Performance tests and flare compliance determinations schedule. 
(1) Unless a waiver of performance testing or flare compliance 
determination is obtained under this section or the conditions of 
another subpart of this part, the owner or operator shall perform such 
tests specified in the following:
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial startup date before the effective 
date of that standard; or

[[Page 78345]]

    (ii) Within 180 days after initial startup for a new source that 
has an initial startup date after the effective date of a relevant 
standard; or
    (iii) Within 180 days after the compliance date specified in a 
referencing subpart for an existing source or within 180 days after 
startup of an existing source if the source begins operation after the 
effective date of the relevant 40 CFR part 63 emission standard; or
    (iv) Within 180 days after the compliance date for an existing 
source subject to an emission standard established pursuant to section 
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's 
extension of compliance or a waiver of compliance for an existing 
source that obtains an extension of compliance under 40 CFR 63.6(i) or 
a 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) of the Act (see 40 CFR 
63.6(b)(4)); or
    (vii) When a promulgated emission standard under 40 CFR part 63 is 
more stringent than the standard that was proposed (see 40 CFR 
63.6(b)(3)), the owner or operator of a new or reconstructed source 
subject to that standard for which construction or reconstruction is 
commenced between the proposal and promulgation dates of the standard 
shall comply with performance testing requirements within 180 days 
after the standard's effective date or within 180 days after startup of 
the source, whichever is later. If the promulgated standard is more 
stringent than the proposed standard, the owner or operator may choose 
to demonstrate compliance 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 startup of the source, whichever is 
later, to demonstrate compliance with the promulgated standard.
    (2) The Administrator may require an owner or operator to conduct 
performance tests and compliance determinations at the regulated source 
at any time when the action is authorized by section 114 of the Act.
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new regulated source and, at the 
request of the Administrator, the owner or operator of each existing 
regulated source, shall provide performance testing facilities as 
specified in the following:
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes, as applicable, the following requirements:
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.


Sec. 65.158  Performance test procedures for control devices.

    (a) General procedures. Where Secs. 65.145 through 65.155 require, 
or the owner or operator elects to conduct, a performance test of a 
control device or a halogen reduction device, an owner or operator 
shall comply with the requirements of (a)(1) through (3) of this 
section, as applicable.
    (1) Performance tests shall be conducted at maximum representative 
operating conditions for the process unless the Administrator specifies 
or approves alternate operating conditions. During the performance 
test, an owner or operator may operate the control or halogen reduction 
device at maximum or minimum representative operating conditions for 
monitored control or halogen reduction device parameters, whichever 
results in lower emission reduction. Operations during periods of 
startup, shutdown, and malfunction shall not constitute representative 
conditions for the purpose of a performance test.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
subpart, in each relevant standard, and, if required, in applicable 
appendices of 40 CFR parts 51, 60, 61, and 63 unless the Administrator 
allows revisions to the test methods as specified in one or more of the 
following five paragraphs:
    (i) The Administrator specifies or approves, in specific cases, the 
use of a test method with minor or intermediate changes in methodology; 
or
    (ii) The Administrator approves the use of a major change to a test 
method, the results of which the Administrator has determined to be 
adequate for indicating whether a specific regulated source is in 
compliance; or
    (iii) Intermediate and major changes to a test method shall be 
validated using the applicable procedures of Method 301 of appendix A 
of 40 CFR part 63; or
    (iv) The Administrator waives the requirement for the performance 
test as provided in Sec. 65.157(b)(2) because the owner or operator of 
a regulated source has demonstrated by other means to the 
Administrator's satisfaction that the regulated source is in compliance 
with the relevant standard; or
    (v) The Administrator approves the use of an equivalent method.
    (3) Each performance test shall consist of three separate runs 
using the applicable test method. Except as provided in paragraphs 
(a)(3)(i) and (ii) of this section, each run shall be conducted for at 
least 1 hour and under the conditions specified in this section. For 
the purpose of determining compliance with an applicable standard, the 
arithmetic mean of results of the three runs shall apply. In the event 
that a sample is accidentally lost or conditions occur in which one of 
the three runs must be discontinued because of forced shutdown, failure 
of an irreplaceable portion of the sample train, extreme meteorological 
conditions, or other circumstances beyond the owner or operator's 
control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.
    (i) For control devices that are used to control emissions from 
high-throughput transfer racks, and that are capable of continuous 
vapor processing but do not handle continuous emissions or emissions 
from high-throughput transfer racks that load simultaneously from 
multiple loading arms, each run shall represent at least one complete 
tank truck or tank car loading period during which regulated materials 
are loaded, and samples shall be collected using integrated sampling or 
grab samples taken at least four times per hour at approximately equal 
intervals of time, such as 15-minute intervals.
    (ii) For intermittent vapor processing systems used for controlling 
high-throughput transfer rack emissions that

[[Page 78346]]

do not handle continuous emissions or multiple loading arms of a high-
throughput transfer rack that load simultaneously, each run shall 
represent at least one complete control device cycle, and samples shall 
be collected using integrated sampling or grab samples taken at least 
four times per hour at approximately equal intervals of time, such as 
15-minute intervals.
    (b) Test methods. Where Secs. 65.145 through 65.155 require, or the 
owner or operator elects to conduct, a performance test of a control 
device or a halogen reduction device, an owner or operator shall 
conduct that performance test using the procedures in paragraphs (b)(1) 
through (4) of this section, as applicable. The regulated material 
concentration and percent reduction may be measured as either total 
regulated material or as TOC (minus methane and ethane) according to 
the procedures specified.
    (1) Method 1 or 1A of appendix A of 40 CFR part 60 as appropriate, 
shall be used for selection of the sampling sites.
    (i) For determination of compliance with a percent reduction 
requirement of total regulated material or TOC, sampling sites shall be 
located at the inlet of the control device as specified in the 
following and at the outlet of the control device:
    (A) For process vents, the control device inlet sampling site shall 
be located after the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts (150 million British thermal units per hour), 
selection of the location of the inlet sampling sites shall ensure the 
measurement of total regulated material or TOC (minus methane and 
ethane) concentrations, as applicable, in all vent streams and primary 
and secondary fuels introduced into the boiler or process heater.
    (ii) For determination of compliance with the 20 parts per million 
by volume total regulated material or TOC limit in Sec. 65.63(a)(2), 
Sec. 65.83(a)(1), and 40 CFR 60.562-1(a)(1)(i)(A), the sampling site 
shall be located at the outlet of the control device.
    (2) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of appendix A of 40 CFR part 60, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total regulated material or TOC (minus methane and ethane) limit, the 
owner or operator shall use Method 18 of appendix A of 40 CFR part 60 
to measure either TOC minus methane and ethane or total regulated 
material, as applicable. Alternatively, any other method or data that 
have been validated according to the applicable procedures in Method 
301 of appendix A of 40 CFR part 63 may be used. Method 25A may be used 
for transfer racks as detailed in paragraph (b)(3)(iv) of this section. 
The procedures specified in paragraphs (b)(3)(i) through (iv) of this 
section shall be used to calculate parts per million by volume 
concentration, corrected to 3 percent oxygen.
    (i) Except as provided in paragraphs (a)(3)(i) and (ii) of this 
section, the minimum sampling time for each run shall be 1 hour in 
which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15 minute 
intervals during the run.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total regulated material shall be calculated according to the following 
two paragraphs, as appropriate:
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 158-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.012


Where:

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

    (B) The total regulated material (CREG) shall be 
computed according to equation 158-1 of this section except that only 
the regulated species shall be summed. Where the regulated material is 
organic HAP's, the list of organic HAP's provided in table 2 of 40 CFR 
part 63, subpart F, shall be used.
    (iii) The concentration of TOC or total regulated material, as 
applicable, shall be corrected to 3 percent oxygen if a combustion 
device is the control device.
    (A) The emission rate correction factor (or excess air) integrated 
sampling and analysis procedures of Method 3B of appendix A of 40 CFR 
part 60 shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the regulated material or 
organic compound samples, and the samples shall be taken during the 
same time that the regulated material or organic compound samples are 
taken.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using Equation 158-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.013


Where:

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

    (iv) Method 25A of appendix A of 40 CFR part 60 may be used for the 
purpose of determining compliance with the 20 parts per million by 
volume limit specified in Sec. 65.83(a)(1) for transfer racks. If 
Method 25A of appendix A of 40 CFR part 60 is used, the following 
procedures shall be used to calculate the concentration of organic 
compounds (CTOC):
    (A) The principal organic HAP in the vent stream shall be used as 
the calibration gas.
    (B) The span value for Method 25A of appendix A of 40 CFR part 60 
shall be between 1.5 and 2.5 times the concentration being measured.
    (C) Use of Method 25A of appendix A of 40 CFR part 60 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

[[Page 78347]]

calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (D) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (b)(3)(iii) of this 
section.
    (4) To determine compliance with a percent reduction requirement, 
the owner or operator shall use Method 18 of appendix A of 40 CFR part 
60; 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 appendix A of 40 CFR part 60 
may be used for transfer racks as detailed in paragraph (b)(4)(v) of 
this section. Procedures specified in paragraphs (b)(4)(i) through (v) 
of this section shall be used to calculate percent reduction 
efficiency.
    (i) Except as provided in paragraphs (a)(3)(i) and (ii) of this 
section, the minimum sampling time for each run shall be 1 hour in 
which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15-minute 
intervals during the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or 
total regulated material (Ei, Eo) shall be 
computed as applicable.
    (A) Equations 158-3 and 158-4 of this section shall be used:
    [GRAPHIC] [TIFF OMITTED] TR14DE00.014
    
    [GRAPHIC] [TIFF OMITTED] TR14DE00.015
    

Where:

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

    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of appendix 
A of 40 CFR part 60 are summed using equations 158-3 and 158-4 of this 
section.
    (C) Where the mass rate of total regulated material is being 
calculated, only the species comprising the regulated material shall be 
summed using equations 158-3 and 158-4 of this section. Where the 
regulated material is organic HAP's, the list of organic HAP's provided 
in table 2 of 40 CFR part 63, subpart F, shall be used.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total regulated material shall be calculated using Equation 158-5 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.016


Where:

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

    (iv) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts (150 million British thermal 
units) is introduced with the combustion air or as a secondary fuel, 
the weight-percent reduction of total regulated material or TOC (minus 
methane and ethane) across the device shall be determined by comparing 
the TOC (minus methane and ethane) or total regulated material in all 
combusted vent streams and primary and secondary fuels with the TOC 
(minus methane and ethane) or total regulated material exiting the 
combustion device, respectively.
    (v) Method 25A of appendix A of 40 CFR part 60 may also be used for 
the purpose of determining compliance with the percent reduction 
requirement for transfer racks.
    (A) If Method 25A of appendix A of 40 CFR part 60 is used to 
measure the concentration of organic compounds (CTOC), the 
principal regulated material in the vent stream shall be used as the 
calibration gas.
    (B) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.
    (C) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (D) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using Equation 158-6 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.017


Where:

Mj = Mass of organic compounds emitted during testing 
interval j, kilograms.
F = 10-6 = Conversion factor, (cubic meters regulated 
material per cubic meters air) * (parts per million by volume) 
-1.
K = Density, kilograms per standard cubic meter regulated material. You 
may use 659 kilograms per standard cubic meter regulated material. 
(Note: The density term cancels out when the percent reduction is 
calculated. Therefore, the density used has no effect. The density of 
hexane is given so that it can be used to maintain the units of 
Mj.)
Vs = Volume of air-vapor mixture exhausted at standard 
conditions, 20  deg.C and 760 millimeters of mercury (30 inches of 
mercury), standard cubic meters.
Ct = Total concentration of organic compounds (as measured) 
at the exhaust vent, parts per million by volume, dry basis.

    (E) The organic compound mass emission rates at the inlet and 
outlet of the control device shall be calculated as follows:

[[Page 78348]]

[GRAPHIC] [TIFF OMITTED] TR14DE00.018

[GRAPHIC] [TIFF OMITTED] TR14DE00.019


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

    (c) Halogen test method. An owner or operator using a halogen 
scrubber or other halogen reduction device to control halogenated vent 
streams in compliance with Sec. 65.63(b)(1) for process vents, or 
Sec. 65.83(b)(1) for transfer racks, who is required to conduct a 
performance test to determine compliance with the control efficiency or 
emission limits for hydrogen halides and halogens, as specified in 
Sec. 65.154(b), shall comply with the following procedures:
    (1) For an owner or operator determining compliance with the 
percent reduction of total hydrogen halides and halogens, sampling 
sites shall be located at the inlet and outlet of the scrubber or other 
halogen reduction device used to reduce halogen emissions. For an owner 
or operator determining compliance with the less than 0.45 kilogram per 
hour (0.99 pounds per hour) outlet emission limit for total hydrogen 
halides and halogens, the sampling site shall be located at the outlet 
of the scrubber or other halogen reduction device and prior to any 
releases to the atmosphere.
    (2) Except as provided in paragraph (a)(2) of this section, Method 
26 or Method 26A of appendix A of 40 CFR part 60 shall be used to 
determine the concentration, in milligrams per dry standard cubic 
meter, of total hydrogen halides and halogens that may be present in 
the vent stream. The mass emissions of each hydrogen halide and halogen 
compound shall be calculated from the measured concentrations and the 
gas stream flow rate.
    (3) To determine compliance with the percent removal efficiency, 
the mass emissions for any hydrogen halides and halogens present at the 
inlet of the halogen reduction device shall be summed together. The 
mass emissions of the compounds present at the outlet of the scrubber 
or other halogen reduction device shall be summed together. Percent 
reduction shall be determined by comparison of the summed inlet and 
outlet measurements.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour (0.99 pound per hour) outlet emission limit, the test results must 
show that the mass emission rate of total hydrogen halides and halogens 
measured at the outlet of the scrubber or other halogen reduction 
device is below 0.45 kilogram per hour (0.99 pound per hour).


Sec. 65.159  Flare compliance determination and monitoring records.

    (a) Conditions of flare compliance determination records. Upon 
request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of flare compliance determinations performed pursuant to 
Sec. 65.147(b).
    (b) Flare compliance determination records. When using a flare to 
comply with this subpart, record the following information for each 
flare compliance determination performed pursuant to Sec. 65.147(b):
    (1) Flare design (i.e., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the flare compliance determination; and
    (3) All periods during the flare compliance determination when all 
pilot flames are absent or, if only the flare flame is monitored, all 
periods when the flare flame is absent.
    (c) Monitoring records. Each owner or operator shall keep up to 
date and readily accessible hourly records of whether the flare flame 
or pilot flame monitors are continuously operating during the hour and 
whether the flare flame or at least one pilot flame is continuously 
present during the hour. For transfer racks, hourly records are 
required only while the transfer vent stream is being vented.
    (d) Compliance records. (1) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame and all the pilot flames are absent. This record shall be 
submitted in the periodic reports as specified in Sec. 65.166(c).
    (2) Each owner or operator shall keep records of the times and 
durations of all periods during which the flare flame or pilot flame 
monitors are not operating.


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

    (a) Availability of performance tests records. Upon request, the 
owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests performed pursuant to Secs. 65.148(b), 65.149(b), 65.150(b), 
65.151(b), 65.152(b), 65.154(b), or 65.155(b).
    (b) Nonflare control device and halogen reduction device 
performance test records. Each owner or operator subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
records of the data specified in paragraphs (b)(1) through (3) of this 
section, as applicable, measured during each performance test performed 
pursuant to Secs. 65.148(b), 65.149(b), 65.150(b), 65.151(b), 
65.152(b), 65.154(b), or 65.155(b), and also include that data in the 
Initial Compliance Status Report as specified in Sec. 65.164(a). The 
same data specified in paragraphs (b)(1) through (3) of this section, 
as applicable, shall be submitted in the reports of all subsequently 
required performance tests where either the emission control efficiency 
of a nonflare control device or the outlet concentration of TOC or 
regulated material is determined.
    (1) Nonflare combustion device. Where an owner or operator subject 
to the provisions of paragraph (b) of this section seeks to demonstrate 
compliance with a percent reduction requirement or a parts per million 
by volume requirement using a nonflare combustion device, the following 
information shall be recorded:
    (i) For thermal incinerators, record the fire box temperature 
measured at least every 15 minutes and averaged over the full period of 
the performance test.
    (ii) For catalytic incinerators, record the upstream and downstream 
temperatures and the temperature difference across the catalyst bed 
measured at least every 15 minutes and averaged over the full period of 
the performance test.
    (iii) For an incinerator, record the percent reduction of regulated 
material or TOC achieved by the incinerator determined as specified in 
Sec. 65.158(b)(4), as applicable, or the concentration of regulated 
material or TOC (parts per million by volume, by compound) determined 
as specified in Sec. 65.158(b)(3) at the outlet of the incinerator.
    (iv) For a boiler or process heater, record a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.

[[Page 78349]]

    (v) For boilers or process heaters with a design heat input 
capacity less than 44 megawatts (150 British thermal units per hour) 
and where the vent stream is not introduced with or as the primary 
fuel, record the fire box temperature measured at least every 15 
minutes and averaged over the full period of the performance test.
    (vi) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts (150 British thermal units per hour) 
and where the vent stream is not introduced with or as the primary 
fuel, record the percent reduction of regulated material or TOC, or the 
concentration of regulated material or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 65.158(b)(3) at 
the outlet of the combustion device.
    (2) Other nonflare control devices. Where an owner or operator 
seeks to use an absorber, condenser, or carbon adsorber as a control 
device, the following information shall be recorded, as applicable:
    (i) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
measured at least every 15 minutes and averaged over the same time 
period as the performance test (both measured while the vent stream is 
normally routed and constituted); or
    (ii) Where a condenser is used as the control device, the average 
exit (product side) temperature measured at least every 15 minutes and 
averaged over the same time period as the performance test while the 
vent stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is used as the control device, the 
total regeneration stream mass flow during each carbon-bed regeneration 
cycle during the period of the performance test measured at least every 
15 minutes and averaged over the same time period as the performance 
test (full carbon-bed cycle), and temperature of the carbon-bed after 
each regeneration during the period of the performance test (and within 
15 minutes of completion of any cooling cycle or cycles); or
    (iv) As an alternative to paragraph (b)(2)(i), (ii), or (iii) of 
this section, the concentration level or reading indicated by the 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber measured at least every 15 minutes and averaged over 
the same time period as the performance test while the vent stream is 
normally routed and constituted; and
    (v) For an absorber, condenser, or carbon adsorber used as a 
control device, the percent reduction of regulated material or TOC 
achieved by the control device determined as specified in 
Sec. 65.158(b)(4), or the concentration of regulated material or TOC 
(parts per million by volume, by compound) determined as specified in 
Sec. 65.158(b)(3) at the outlet of the control device.
    (3) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated vent stream, record the 
following information:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 65.158(c);
    (ii) The pH of the scrubber effluent averaged over the time period 
of the performance test; and
    (iii) The scrubber liquid-to-gas ratio averaged over the time 
period of the performance test.
    (c) Recovery device monitoring records during the TRE index value 
determination. For Group 2A process vents, the following records, as 
applicable, shall be maintained and reported as specified in 
Sec. 65.164(a)(3):
    (1) Where an absorber is the final recovery device in the recovery 
system, the exit specific gravity and average exit temperature of the 
absorbing liquid measured at least every 15 minutes and averaged over 
the same time period as the TRE index value determination (both 
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature measured at least 
every 15 minutes and averaged over the same time period as the TRE 
index value determination while the vent stream is routed and 
constituted normally; or
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow measured at 
least every 15 minutes and averaged over the same time during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and temperature of the carbon-bed after each 
regeneration during the period of the TRE index value determination 
(and within 15 minutes of completion of any cooling cycle or cycles); 
or
    (4) As an alternative to paragraph (c)(1), (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 measured at least every 15 minutes and averaged over the same 
time period as the TRE index value determination while the vent stream 
is normally routed and constituted; and
    (5) All measurements and calculations performed to determine the 
TRE index value of the vent stream as specified in Sec. 65.64(h).
    (d) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures as specified 
in Sec. 65.63(b) or Sec. 65.83(b). Submit this record in the Initial 
Compliance Status Report, as specified in Sec. 65.165(d). If the owner 
or operator designates the vent stream as halogenated, then this shall 
be recorded and reported in the Initial Compliance Status Report.


Sec. 65.161  Continuous records and monitoring system data handling.

    (a) Continuous records. Where this subpart requires a monitoring 
device capable of providing a continuous record, the owner or operator 
shall maintain the record specified in paragraph (a)(1), (2), (3), or 
(4) of this section, as applicable (The provisions of this section 
apply to owners and operators of storage vessels and low-throughput 
transfer racks only if specified by the applicable monitoring plan 
established under Sec. 65.165(c)(1) and (2)):
    (1) A record of values measured at least once every 15 minutes or 
each measured value for systems that measure more frequently than once 
every 15 minutes; or
    (2) A record of block average values for 15-minute or shorter 
periods calculated from all measured data values during each period or 
from at least one measured data value per minute if measured more 
frequently than once per minute; or
    (3) For data collected from an automated continuous parameter 
monitoring system, a record of block hourly average values calculated 
from each 15-minute block average period or from at least one measured 
value per minute if measured more frequently than once per minute, and 
a record of the most recent 3 valid hours of continuous (15-minute or 
shorter) records meeting the requirements of paragraph (a)(1) or (2) of 
this section. Records meeting the requirements of paragraph (a)(1) or 
(2) of this section shall also be kept for all periods that include 
CPMS breakdown or malfunction. During these periods, it is not 
necessary to calculate hourly averages; or
    (4) A record as required by an alternative approved under 
Sec. 65.162(d).
    (b) Excluded data. Monitoring data recorded during the following 
periods shall not be included in any average computed to determine 
compliance under this subpart:

[[Page 78350]]

    (1) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (2) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (3) Startups, shutdowns, and malfunctions.
    (c) Records of daily averages. In addition to the records specified 
in paragraph (a) of this section, owners or operators shall also keep 
records as specified in paragraphs (c)(1) and (2) of this section 
unless an alternative monitoring or recordkeeping system has been 
requested and approved under Sec. 65.162(d).
    (1) Except as specified in paragraph (c)(2) of this section, daily 
average values of each continuously monitored parameter shall be 
calculated for each operating day. Data meeting the specifications of 
paragraph (b) of this section shall not be included in the average. The 
data shall be reported in the periodic report as specified in 
Sec. 65.166(f), if applicable.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day as 
specified in paragraph (a)(1), (2), or (3) of this section. The average 
shall cover a 24-hour period if operation is continuous, or the number 
of hours of operation per operating day if operation is not continuous 
(for example, for high-throughput transfer racks, the average shall 
cover periods of loading). If values are measured more frequently than 
once per minute, a single value for each minute may be used to 
calculate the daily average instead of all measured values.
    (ii) The operating day shall be the period defined in the operating 
permit or the Initial Compliance Status Report. It may be from midnight 
to midnight or another daily period.
    (2) If all monitored parameter values recorded under paragraph 
(a)(1), (2), or (3) of this section, during an operating day are within 
the range established in the Initial Compliance Status Report or in the 
operating permit, the owner or operator does not have to calculate a 
daily average value for the operating day and may record that all 
values were within the range. The owner or operator must continue to 
retain the raw data, 15-minute averages, or the hourly averages 
required under paragraph (a)(1), (2), or (3) of this section.
    (d) Valid data. Unless determined to be excluded data according to 
paragraph (b) of this section, the data collected pursuant to 
paragraphs (a) through (c) of this section shall be considered valid.
    (e) Alternative recordkeeping. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements in paragraph (e)(1) or (2) of this section 
as alternatives to the continuous parameter monitoring and 
recordkeeping provisions listed in paragraphs (a) through (c) of this 
section. The owner or operator shall retain each record required by 
paragraph (e)(1) or (2) of this section as provided in Sec. 65.4.
    (1) The owner or operator may retain only the daily average value 
and is not required to retain more frequently monitored operating 
parameter values for a monitored parameter with respect to an item of 
equipment if the requirements of paragraphs (e)(1)(i) through (vi) of 
this section are met. The owner or operator shall notify the 
Administrator of implementation of paragraph (e)(1) of this section in 
the Initial Compliance Status Report as required in Sec. 65.165(e) or, 
if the Initial Compliance Status Report has already been submitted, in 
the periodic report as required in Sec. 65.166(f)(4) immediately 
preceding implementation of the requirements of paragraph (e)(1) of 
this section.
    (i) The monitoring system can detect unrealistic or impossible data 
during periods of operation other than startups, shutdowns, or 
malfunctions (for example, a temperature reading of -200  deg.C on a 
boiler) and will alert the operator by alarm or other means. The owner 
or operator shall record the occurrence. All instances of the alarm or 
other alert in an operating day constitute a single occurrence.
    (ii) The monitoring system shall generate a running average of the 
monitoring values, updated at least hourly throughout each operating 
day, that have been obtained during that operating day, and the 
capability to observe this average is readily available to the 
Administrator on-site during the operating day. All instances in an 
operating day constitute a single occurrence. The owner or operator 
shall record the occurrence of any period meeting the following 
criteria:
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six 1-hour average 
values;
    (C) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (iii) The monitoring system shall be capable of detecting 
unchanging data during periods of operation other than startups, 
shutdowns, or malfunctions except in circumstances where the presence 
of unchanging data is the expected operating condition based on past 
experience (for example, pH in some scrubbers), and will alert the 
operator by alarm or other means. The owner or operator shall record 
the occurrence. All instances of the alarm or other alert in an 
operating day constitute a single occurrence.
    (iv) The monitoring system shall alert the owner or operator by an 
alarm if the running average parameter value calculated under paragraph 
(e)(1)(ii) of this section reaches a set point that is appropriately 
related to the established limit for the parameter that is being 
monitored.
    (v) The owner or operator shall verify and document the proper 
functioning of the monitoring system, including its ability to comply 
with the requirements of paragraph (e)(1) of this section, at the 
following times:
    (A) Upon initial installation;
    (B) Annually after initial installation; and
    (C) After any change to the programming or equipment constituting 
the monitoring system, that might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the following records:
    (A) Identification of each parameter for each item of equipment for 
which the owner or operator has elected to comply with the requirements 
of Sec. 65.162(e).
    (B) A description of the applicable monitoring system(s) and of how 
compliance will be achieved with each requirement of paragraphs 
(e)(1)(i) through (v) of this section. The description shall identify 
the location and format (for example, on-line storage; log entries) for 
each required record. If the description changes, the owner or operator 
shall retain both the current and the most recent outdated description.
    (C) A description and the date of any change to the monitoring 
system that would reasonably be expected to affect its ability to 
comply with the requirements of paragraph (e)(1) of this section.
    (D) Owners and operators shall retain the current description of 
the monitoring system as long as the description is current, but not 
less than 5 years from the date of its creation. The current 
description shall be retained on-site at all times or be accessible 
from a central location by computer or other means that provide access 
within 2 hours after a request. The owner or

[[Page 78351]]

operator shall retain the most recent outdated description at least 
until 5 years from the date of its creation. The outdated description 
shall be retained on-site (or accessible from a central location by 
computer that provides access within 2 hours after a request) at least 
6 months after being outdated. Thereafter, the outdated description may 
be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (e)(1) of this section and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (e)(2)(iv) of this section, the owner or operator is no 
longer required to record the daily average value for that parameter 
for that unit of equipment for any operating day when the daily average 
value is less than the maximum or greater than the minimum established 
limit. With approval by the Administrator, monitoring data generated 
prior to the compliance date of this subpart shall be credited toward 
the period of 6 consecutive months if the parameter limit and the 
monitoring were required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the 
next periodic report. The notification shall identify the parameter and 
unit of equipment.
    (ii) If there is an excursion as defined in paragraph (e)(2)(iv) of 
this section on any operating day after the owner or operator has 
ceased recording daily averages as provided in paragraph (e)(2) of this 
section, the owner or operator shall immediately resume retaining the 
daily average value for each day and shall notify the Administrator in 
the next periodic report. The owner or operator shall continue to 
retain each daily average value until another period of 6 consecutive 
months has passed without an excursion.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (e)(1)(i) through (vi) of this section for the duration 
specified in Sec. 65.4. For any calendar week, if compliance with 
paragraphs (e)(1)(i) through (iv) of this section does not result in 
retention of a record of at least one occurrence or measured parameter 
value, the owner or operator shall record and retain at least one 
parameter value during a period of operation other than a startup, 
shutdown, or malfunction.
    (iv) For purposes of paragraph (e) of this section, an excursion 
means that the daily average value of monitoring data for a parameter 
is greater than the maximum or less than the minimum established value 
except as provided in the following:
    (A) The daily average value during any startup, shutdown, or 
malfunction shall not be considered an excursion for purposes of this 
paragraph (e) if the owner or operator follows the applicable 
provisions of the startup, shutdown, and malfunction plan required by 
Sec. 65.6.
    (B) Excused excursions described in Sec. 65.156(d)(2) and 
excursions described in Sec. 65.156(d)(3) do not count toward the 
number of excursions for purposes of this paragraph (e).


Sec. 65.162  Nonflare control and recovery device monitoring records.

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

[[Page 78352]]

    (2) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in Sec. 65.161(c)(1). 
If carbon adsorber regeneration stream flow and carbon bed regeneration 
temperature are monitored, the following records shall be kept instead 
of the daily averages, and the records shall be reported as specified 
in Sec. 65.166(f)(2):
    (i) Records of total regeneration stream mass or volumetric flow 
for each carbon-bed regeneration cycle; and
    (ii) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (3) Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded and report 
these exceedances as specified in Sec. 65.166(f)(1). The parameter 
boundaries are established pursuant to Sec. 65.150(c)(2) (absorber 
monitoring), Sec. 65.151(c)(2) (condenser monitoring), 
Sec. 65.152(c)(2) (carbon adsorber monitoring), or Sec. 65.155(c)(2) 
(other control device monitoring), as applicable.
    (d) Alternatives to the continuous operating parameter monitoring 
and recordkeeping provisions. An owner or operator may request approval 
to use alternatives to the continuous operating parameter monitoring 
and recordkeeping provisions listed in Secs. 65.148(c), 65.149(c), 
65.150(c), 65.151(c), 65.152(c), 65.153(c), 65.154(c), 65.160, and 
paragraphs (b) and (c) of this section.
    (1) Requests shall be included in the operating permit application 
or as otherwise specified by the permitting authority and shall contain 
the information specified in paragraphs (d)(3) through (5) of this 
section, as applicable.
    (2) The provisions in Sec. 65.7(c) shall govern the review and 
approval of requests.
    (3) An owner or operator of a source that does not have an 
automated monitoring and recording system capable of measuring 
parameter values at least once every 15 minutes and generating 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently 
than once per hour. Daily average values shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain the following information:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the source does not have an automated 
monitoring and recording system capable of meeting the specified 
requirements;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control device 
operating conditions considering typical variability of the specific 
process and control device operating parameter being monitored.
    (4) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values.
    (i) The requested system shall be designed to perform the following 
functions:
    (A) Measure the operating parameter value at least once every 15 
minutes;
    (B) Record at least four values each hour during periods of 
operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident; and
    (E) Compute daily average values of the monitored operating 
parameter based on recorded data. If the daily average is not an 
excursion as defined in Sec. 65.161(e)(2)(iv), the data for that 
operating day may be converted to hourly average values, and the four 
or more individual records for each hour in the operating day may be 
discarded.
    (ii) The request shall contain a description of the monitoring 
system and data compression recording system, including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating averages, and a demonstration that the system 
meets all criteria in paragraph (d)(4)(i) of this section.
    (5) An owner or operator may request approval to use other 
alternative monitoring and recordkeeping systems as specified in 
Sec. 65.7(b). The application shall contain a description of the 
proposed alternative system. In addition, the application shall include 
information justifying the owner or operator's request for an 
alternative monitoring method, such as the technical or economic 
infeasibility, or the impracticality, of the regulated source using the 
required method.
    (e) Monitoring a different parameter than those listed. The owner 
or operator who has been directed by Sec. 65.154(c)(2) or 
Sec. 65.155(c)(1) to set monitoring parameters, or who requests as 
allowed by Sec. 65.156(e) approval to monitor a different parameter 
than those listed in Secs. 65.148(c), 65.149(c), 65.150(c), 65.151(c), 
65.152(c), 65.153(c), 65.154(c), 65.160, or paragraph (b) or (c) of 
this section, shall submit the following information with the operating 
permit application or as otherwise specified by the permitting 
authority:
    (1) A description of the parameter(s) to be monitored to ensure the 
process, control technology, or pollution prevention measure is 
operated in conformance with its design and achieves the specified 
emission limit, percent reduction, or nominal efficiency, and an 
explanation of the criteria used to select the parameter(s).
    (2) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, the schedule for this demonstration, and a statement 
that the owner or operator will establish a range for the monitored 
parameter as part of the Initial Compliance Status Report required in 
Sec. 65.5(d) unless this information has already been included in the 
operating permit application or previously established under a 
referencing subpart.
    (3) The frequency and content of monitoring, recording, and 
reporting if monitoring and recording is not continuous, or if reports 
of daily average values when the monitored parameter value is outside 
the range established in the operating permit or Initial Compliance 
Status Report will not be included in Periodic Reports as specified in 
Sec. 65.166(e). The rationale for the proposed monitoring, recording, 
and reporting system shall be included.


Sec. 65.163  Other records.

    (a) Closed vent system records. For closed vent systems, the owner 
or operator shall record the following information, as applicable:
    (1) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall keep a record of the 
information specified in either paragraph (a)(1)(i) or (ii) of this 
section, as applicable. The information shall be reported as specified 
in Sec. 65.166(b).

[[Page 78353]]

    (i) Hourly records of whether the flow indicator specified under 
Sec. 65.143(a)(3)(i) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times of all 
periods when the vent stream is diverted from the control device or the 
flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with 
Sec. 65.143(a)(3)(ii), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done and shall 
record the occurrence of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that 
has been broken.
    (2) For closed vent systems collecting regulated material from a 
storage vessel, transfer rack, or equipment leak, the owner or operator 
shall record the identification of all parts of the closed vent system 
that are designated as unsafe or difficult-to-inspect pursuant to 
Sec. 65.143(b)(2) or (3), an explanation of why the equipment is unsafe 
or difficult-to-inspect, and the plan for inspecting the equipment as 
required by Sec. 65.143(b)(2)(ii) or (b)(3)(ii).
    (3) For a closed vent system collecting regulated material from a 
storage vessel, transfer rack, or equipment leaks, when a leak is 
detected as specified in Sec. 65.143(d)(1), the information specified 
in paragraphs (a)(3)(i) through (vi) of this section shall be recorded. 
The data shall be reported as specified in Sec. 65.166(b)(1).
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) The maximum instrument reading measured by the procedures in 
Sec. 65.143(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak. The 
owner or operator may develop a written procedure that identifies the 
conditions that justify a delay of repair. In such cases, reasons for 
delay of repair may be documented by citing the relevant sections of 
the written procedure.
    (vi) Copies of the periodic reports if records are not maintained 
on a computerized database capable of generating summary reports from 
the records.
    (4) For each instrumental or visual inspection conducted in 
accordance with Sec. 65.143(b)(1) for closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks during which no leaks are detected, the owner or operator shall 
record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (5) For instrument response factor criteria determinations 
performed pursuant to Sec. 65.143(c)(1)(ii), the owner or operator 
shall maintain a record of an engineering assessment that identifies 
the representative composition of the process fluid. This assessment 
shall be based on knowledge of the compounds present in the process, 
similarity of response factors for the materials present, the range of 
compositions encountered during monitoring, or other information 
available to the owner or operator.
    (b) Storage vessel and transfer rack records. For storage vessels, 
an owner or operator shall keep readily accessible records of the 
information specified in paragraphs (b)(1) through (3) of this section, 
as applicable. For low-throughput transfer racks, an owner or operator 
shall keep readily accessible records of the information specified in 
paragraph (b)(1) of this section.
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 65.145(c)(2) and report in the periodic report as 
specified in Sec. 65.166(e), if applicable.
    (2) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Secs. 65.143(a), 65.145(a), or 65.147(a), 
as applicable, due to the planned routine maintenance. Such a record 
shall include the information specified in paragraphs (b)(2)(i) through 
(iii) of this section. This information shall be submitted in the 
periodic reports as specified in Sec. 65.166(d)(1).
    (i) The first time of day and date the requirements of 
Secs. 65.143(a), 65.145(a), or 65.147(a), as applicable, were not met 
at the beginning of the planned routine maintenance.
    (ii) The first time of day and date the requirements of 
Secs. 65.143(a), 65.145(a), or 65.147(a), as applicable, were met at 
the conclusion of the planned routine maintenance.
    (iii) A description of the type of maintenance performed.
    (3) Bypass records for storage vessel emissions routed to a process 
or fuel gas system. An owner or operator who uses the bypass provisions 
of Sec. 65.144(a)(2) shall keep in a readily accessible location the 
following records:
    (i) The reason it was necessary to bypass the process equipment or 
fuel gas system;
    (ii) The duration of the period when the process equipment or fuel 
gas system was bypassed;
    (iii) Documentation or certification of compliance with the 
applicable provisions of Sec. 65.42(b)(6).
    (c) Regulated source and control equipment startup, shutdown and 
malfunction records. (1) Records of the occurrence and duration of each 
startup, shutdown, and malfunction of process equipment or of air 
pollution control equipment used to comply with this part during which 
excess emissions (as defined in Sec. 65.3(a)(4)) occur.
    (2) For each startup, shutdown, and malfunction during which excess 
emissions occur, records whether the procedures specified in the 
source's startup, shutdown, and malfunction plan were followed, and 
documentation of actions taken that are not consistent with the plan. 
For example, if a startup, shutdown, and malfunction plan includes 
procedures for routing control device emissions to a backup control 
device (for example, the incinerator for a halogenated stream could be 
routed to a flare during periods when the primary control device is out 
of service), records must be kept of whether the plan was followed. 
These records may take the form of a checklist or other form of 
recordkeeping that confirms conformance with the startup, shutdown, and 
malfunction plan for the event.
    (3) Records of startup, shutdown, and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2A process vents.
    (d) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(1) and (2) of 
this section for closed vent systems and control devices subject to the 
provisions of subpart F of this part. The owner or operator shall meet 
the record retention requirements of Sec. 65.4, except the records 
specified in paragraph (d)(1) of this section shall be kept as long as 
the equipment is in operation.
    (1) The following design specifications and performance 
demonstrations:
    (i) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (ii) The dates and descriptions of any changes in the design 
specifications.

[[Page 78354]]

    (iii) A description of the parameter or parameters monitored as 
required in Sec. 65.146(c) to ensure that control devices are operated 
and maintained in conformance with their design, and an explanation of 
why that parameter (or parameters) was selected for the monitoring.
    (2) The following records of operation of closed vent systems and 
control devices:
    (i) Dates and durations when the closed vent systems and control 
devices required in Sec. 65.115(b) are not operated as designed as 
indicated by the monitored parameters, including periods when a flare 
flame or at least one pilot flame is not present.
    (ii) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (iii) Dates and durations of startups and shutdowns of control 
devices required in Sec. 65.115(b).
    (e) Records of monitored parameters outside of range. The owner or 
operator shall record the occurrences and the cause of periods when the 
monitored parameters are outside of the parameter ranges documented in 
the Initial Compliance Status Report in accordance with Sec. 65.165(b). 
This information shall be reported in the periodic report as specified 
in Sec. 65.166(e).


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

    (a) Performance test and flare compliance determination reports. 
Performance test reports and flare compliance determination reports 
shall be submitted as specified in paragraphs (a)(1) through (3) of 
this section.
    (1) For performance tests or flare compliance determinations, the 
Initial Compliance Status Report or report required by paragraph (b)(2) 
of this section shall include one complete test report as specified in 
paragraph (a)(2) of this section for each test method used for a 
particular kind of emission point, and other applicable information 
specified in paragraph (a)(3) of this section. For additional tests 
performed for the same kind of emission point using the same method, 
the results and any other information required in applicable sections 
of this subpart or in other subparts of this part shall be submitted, 
but a complete test report is not required.
    (2) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and 
laboratory analyses, documentation of calculations, and any other 
information required by the test method.
    (3) The performance test or flare compliance determination report 
shall also include the following information, as applicable:
    (i) For flare compliance determinations, the owner or operator 
shall submit the records specified in Sec. 65.159(b).
    (ii) For nonflare combustion device and halogen reduction device 
performance tests as required under Secs. 65.148(b), 65.149(b), 
65.150(b), 65.151(b), 65.152(b), 65.154(b), or 65.155(b), the owner or 
operator shall submit the applicable records specified in 
Sec. 65.160(b).
    (iii) For Group 2A process vents, the owner or operator shall 
submit the records specified in Sec. 65.160(c), as applicable.
    (b) Other notifications and reports. (1) The owner or operator 
shall notify the Administrator of the intention to conduct a 
performance test at least 30 calendar days before the performance test 
is scheduled to allow the Administrator the opportunity to have an 
observer present. If after 30 days notice for an initially scheduled 
performance test, there is a delay (due to operational problems, etc.) 
in conducting the scheduled performance test, the owner or operator of 
an affected facility shall notify the Administrator as soon as possible 
of any delay in the original test date. The owner or operator shall 
provide at least 7 days prior notice of the rescheduled date of the 
performance test or arrange a rescheduled date with the Administrator 
by mutual agreement.
    (2) Unless specified differently in this subpart or another subpart 
of this part, performance test and flare compliance determination 
reports not submitted as part of an Initial Compliance Status Report 
shall be submitted to the Administrator within 60 days of completing 
the test or determination.
    (3) Any application for a waiver of an initial performance test or 
flare compliance determination as allowed by Sec. 65.157(b)(2), shall 
be submitted no later than 90 calendar days before the performance test 
or flare compliance determination is required. The application for a 
waiver shall include information justifying the owner or operator's 
request for a waiver, such as the technical or economic infeasibility, 
or the impracticality, of the source performing the test.


Sec. 65.165  Initial Compliance Status Reports.

    (a) An owner or operator who elects to comply with Sec. 65.144 by 
routing emissions from a storage vessel or transfer rack to a process 
or to a fuel gas system shall submit as part of the Initial Compliance 
Status Report the following information, as applicable:
    (1) If storage vessel emissions are routed to a process, the owner 
or operator shall submit the information specified in 
Sec. 65.144(b)(3).
    (2) As specified in Sec. 65.144(c), if storage vessel emissions are 
routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to a fuel gas system.
    (3) As specified in Sec. 65.144(c), report that the transfer rack 
emission stream is being routed to a fuel gas system or process when 
complying with the requirements of Sec. 65.83(a)(4).
    (b) An owner or operator who elects to comply with Sec. 65.145 by 
routing emissions from a storage vessel or low-throughput transfer rack 
to a nonflare control device or halogen reduction device shall submit 
with the Initial Compliance Status Report required by Sec. 65.5(d) the 
applicable information specified in paragraphs (b)(1) through (6) of 
this section. Owners and operators who elect to comply with 
Sec. 65.145(b)(1)(i) or (b)(3)(i) by submitting a design evaluation 
shall submit the information specified in paragraphs (b)(1) through (4) 
of this section. Owners and operators who elect to comply with 
Sec. 65.145(b)(1)(ii) or (b)(3)(ii) by submitting performance test 
results shall submit the information specified in paragraphs (b)(1), 
(2), (4), and (5) of this section. Owners and operators who elect to 
comply with Sec. 65.145(b)(1)(iii) or (b)(3)(iii) by submitting 
performance test results for a shared control device or halogen 
reduction device shall submit the information specified in paragraph 
(b)(6) of this section.
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device or halogen reduction device is being 
properly operated and maintained, an explanation of the criteria used 
for selection of that parameter (or parameters), and the frequency with 
which monitoring will be performed (for example, when the liquid level 
in the storage vessel is being raised). If continuous records are 
specified, indicate whether the provisions of Sec. 65.166(f) apply.
    (2) The operating range for each monitoring parameter identified in 
the monitoring plan required by Sec. 65.145(c)(1). The specified 
operating

[[Page 78355]]

range shall represent the conditions for which the control device or 
halogen reduction device is being properly operated and maintained.
    (3) The documentation specified in Sec. 65.145(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation; and the 
documentation specified in Sec. 65.145(b)(3)(i), if the owner or 
operator elects to prepare a design evaluation for a halogen reduction 
device.
    (4) The provisions of Sec. 65.166(f) do not apply to any low-
throughput transfer rack for which the owner or operator has elected to 
comply with Sec. 65.145 or to any storage vessel for which the owner or 
operator is not required to keep continuous records, as specified by 
the applicable monitoring plan established under Sec. 65.145(c)(1) and 
(2). If continuous records are required, the owner or operator shall 
specify in the monitoring plan whether the provisions of Sec. 65.166(f) 
apply.
    (5) A summary of the results of the performance test described in 
Sec. 65.145(b)(1)(ii), (1)(iii), (3)(ii), and/or (3)(iii), as 
applicable. If a performance test is conducted as provided in 
Sec. 65.145(b)(1)(ii) and/or (b)(3)(ii), submit the results of the 
performance test, including the information specified in 
Sec. 65.164(a)(1) and (2).
    (6) Identification of the storage vessel or low-throughput transfer 
rack and control device and/or halogen reduction device for which the 
performance test will be submitted, and identification of the emission 
point(s), if any, that share the control device and/or halogen 
reduction device with the storage vessel or low-throughput transfer 
rack and for which the performance test will be conducted.
    (c) The owner or operator shall submit as part of the Initial 
Compliance Status Report the operating range for each monitoring 
parameter identified for each control, recovery, or halogen reduction 
device as determined in Secs. 65.148(c)(2), 65.149(c)(2), 65.150(c)(2), 
65.151(c)(2), 65.152(c)(2), 65.153(c)(5), 65.154(c)(3), and 
65.155(c)(2). The specified operating range shall represent the 
conditions for which the control, recovery, or halogen reduction device 
is being properly operated and maintained. This report shall include 
the information in paragraphs (c)(1) through (3) of this section, as 
applicable, unless the range and the operating day definition have been 
established in the operating permit:
    (1) The specific range of the monitored parameter(s) for each 
emission point.
    (2) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to 
develop the range and a description of why the range indicates proper 
operation of the control, recovery, or halogen reduction device, as 
specified in the following, as applicable:
    (i) If a performance test or TRE index value determination is 
required by this subpart or another subpart of this part for a control, 
recovery or halogen removal device, the range shall be based on the 
parameter values measured during the TRE index value determination or 
performance test and may be supplemented by engineering assessments 
and/or manufacturer's recommendations. The TRE index value 
determinations and performance testing is not required to be conducted 
over the entire range of permitted parameter values.
    (ii) If a performance test or TRE index value determination is not 
required by this subpart or other subparts of this part for a control, 
recovery, or halogen reduction device, the range may be based solely on 
engineering assessments and/or manufacturer's recommendations.
    (iii) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (3) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The 
definition shall specify the times at which an operating day begins and 
ends.
    (d) Halogen reduction device. The owner or operator shall submit as 
part of the Initial Compliance Status Report the information recorded 
pursuant to Sec. 65.160(d).
    (e) Alternative recordkeeping. The owner or operator shall notify 
the Administrator in the Initial Compliance Status Report if the 
alternative recordkeeping provisions of Sec. 65.161(e)(1) are being 
implemented. If the Initial Compliance Status Report has been 
submitted, the notification must be in the periodic report submitted 
immediately preceding implementation of the alternative, as provided in 
Sec. 65.166(f)(4).
    (f) Exemptions from performance tests and design evaluation. The 
owner or operator shall identify in the Initial Compliance Status 
Report whether an exemption from performance testing or conducting a 
design evaluation, as provided in Secs. 65.145(b)(2), 65.148(b)(2), or 
65.149(b)(2), is being invoked, and which of the provisions of 
Secs. 65.145(b)(2), 65.148(b)(2), or 65.149(b)(2) apply.


Sec. 65.166  Periodic reports.

    (a) Periodic reports shall include the reporting period dates, the 
total source operating time for the reporting period, and, as 
applicable, all information specified in this section and in other 
subparts of this part, including reports of periods when monitored 
parameters are outside their established ranges.
    (b) For closed vent systems subject to the requirements of 
Sec. 65.143, the owner or operator shall submit as part of the periodic 
report the following information, as applicable:
    (1) The information recorded in Sec. 65.163(a)(3)(ii) through (v);
    (2) Reports of the times of all periods recorded under 
Sec. 65.163(a)(1)(i) when the vent stream is diverted from the control 
device through a bypass line; and
    (3) Reports of all times recorded under Sec. 65.163(a)(1)(ii) when 
maintenance is performed on car-sealed valves, when the seal is broken, 
when the bypass line valve position is changed, or the key for a lock-
and-key type configuration has been checked out.
    (c) For flares subject to this subpart, report all periods when all 
pilot flames were absent or the flare flame was absent as recorded in 
Sec. 65.159(d)(1).
    (d) For storage vessels, the owner or operator shall include in 
each periodic report required the following information:
    (1) For the 6-month period covered by the periodic report, the 
information recorded in Sec. 65.163(b)(2)(i) through (iii).
    (2) For the time period covered by the periodic report and the 
previous periodic report, the total number of hours that the control 
system did not meet the requirements of Secs. 65.143(a), 65.145(a), or 
65.147(a) due to planned routine maintenance.
    (3) A description of the planned routine maintenance that is 
anticipated to be performed for the control system during the next 6-
month periodic reporting period when the control system is not expected 
to meet the required control efficiency. This description shall include 
the type of maintenance necessary, planned frequency of maintenance, 
and expected lengths of maintenance periods.
    (e) If a nonflare control device, including a halogen reduction 
device for a low-throughput transfer rack, is used to control emissions 
from storage vessels or low-throughput transfer racks, the periodic 
report shall identify and state the cause for each occurrence when the 
monitored parameters were outside of the parameter ranges documented in 
the Initial Compliance

[[Page 78356]]

Status Report in accordance with Sec. 65.165(b).
    (f) For process vents and high-throughput transfer racks, periodic 
reports shall include the following information:
    (1) Periodic reports shall include the daily average values of 
monitored parameters, calculated as specified in Sec. 65.161(c)(1) for 
any days when the daily average value is outside the bounds as 
specified in Sec. 65.162(b)(3) or (c)(3), or the data availability 
requirements defined in Sec. 65.156(d)(1) are not met, whether these 
excursions are excused or unexcused excursions. For excursions caused 
by lack of monitoring data, the duration of periods when monitoring 
data were not collected shall be specified.
    (2) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec. 65.162(c)(2) were outside the ranges 
established in the Initial Compliance Status Report or in the operating 
permit.
    (3) The provisions of paragraphs (f)(1) and (2) of this section do 
not apply to any low-throughput transfer rack for which the owner or 
operator has elected to comply with Sec. 65.145, or to any storage 
vessel for which the owner or operator is not required by the 
applicable monitoring plan established under Sec. 65.165(c)(1) and (2) 
to keep continuous records. If continuous records are required, the 
owner or operator shall specify in the monitoring plan whether the 
provisions of paragraphs (f)(1) and (2) of this section apply.
    (4) If the owner or operator has chosen to use the alternative 
recordkeeping provisions of Sec. 65.161(e)(1) and has not notified the 
Administrator in the Initial Compliance Status Report that the 
alternative recordkeeping provisions are being implemented as provided 
in Sec. 65.165(e), the owner or operator shall notify the Administrator 
in the periodic report submitted immediately before implementation of 
the alternative.


Sec. 65.167  Other reports.

    (a) Replacing an existing control or recovery device. As specified 
in Secs. 65.147(b)(2), 65.148(b)(3), 65.149(b)(3), 65.150(b)(2), 
65.151(b)(2), 65.152(b)(2), or 65.153(b)(2), if an owner or operator at 
a facility not required to obtain a title V permit elects at a later 
date to use a different control or recovery device, then the 
Administrator shall be notified by the owner or operator before 
implementing the change. This notification may be included in the 
facility's periodic reporting and shall include a description of any 
changes made to the closed vent system.
    (b) Startup, shutdown, and malfunction periodic reports. Startup, 
shutdown, and malfunction periodic reports shall be submitted as 
required in Sec. 65.6(c).


Secs. 65.168-65.169  [Reserved]

[FR Doc. 00-25044 Filed 12-13-00; 8:45 am]
BILLING CODE 6560-50-P