[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Rules and Regulations]
[Pages 34548-34559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16438]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6997-9]
RIN 2060-AG91


National Emission Standards for Hazardous Air Pollutants From Oil 
and Natural Gas Production Facilities and National Emission Standards 
for Hazardous Air Pollutants From Natural Gas Transmission and Storage 
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

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

SUMMARY: On June 17, 1999, we issued the national emission standards 
for hazardous air pollutants (NESHAP) from Oil and Natural Gas 
Production Facilities and the national emission standards for hazardous 
air pollutants from Natural Gas Transmission and Storage Facilities 
(Oil and Gas NESHAP) (64 FR 32610). These technical corrections will 
clarify intent and correct errors in the Oil and Gas NESHAP. These 
technical corrections will not change the level of health protection 
the Oil and Gas NESHAP provide or the basic control requirements of the 
Oil and Gas NESHAP. The Oil and Gas NESHAP require new and existing 
major sources to control emissions of hazardous air pollutants (HAP) to 
the level reflecting application of the maximum achievable control 
technology (MACT).
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making these final rule corrections without 
prior proposal and opportunity for comment because the changes to the 
rule are minor technical corrections, are noncontroversial in nature, 
and do not substantively change the requirements of the Oil and Gas 
NESHAP. Thus, notice and public procedure are unnecessary. We find that 
this constitutes good cause under 5 U.S.C. 553(b)(5).

EFFECTIVE DATE: June 29, 2001.

ADDRESSEES: Docket No. A-94-04 contains the supporting information used 
in the development of this rulemaking. The docket is located at the 
U.S. EPA in room M-1500, Waterside Mall (ground floor), 401 M Street 
SW., Washington, DC 20460, and may be inspected from 8:30 a.m. to 5:30 
p.m., Monday through Friday, excluding legal holidays. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number: (919) 
541-3078, facsimile: (919) 541-0246, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated entities. Entities that will 
potentially be affected by these corrections are those that process, 
upgrade, or store hydrocarbon liquids; or process, upgrade, store, or 
transport natural gas and are major sources of HAP as defined in 
section 112 of the Clean Air Act (CAA). The regulated categories and 
entities include:

------------------------------------------------------------------------
             Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry..........................  Condensate tank batteries, glycol
                                     dehydration units, natural gas
                                     processing plants, and natural gas
                                     transmission and storage
                                     facilities.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility, company, business, organization, etc., is regulated by 
this action, you should carefully examine the applicability criteria in 
Secs. 63.760 and 63.1270 of the Oil and Gas NESHAP. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    World Wide Web (WWW). The text of today's document will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following signature, a copy of this action will be

[[Page 34549]]

posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules.
    http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.

I. Background for the Corrections

    Today's action consists of editorial, cross-referencing and 
clarifying corrections to the Oil and Gas NESHAP that was promulgated 
on June 17, 1999 (64 FR 32610). These editorial, cross-referencing and 
clarifying corrections are minor in nature and are noncontroversial. As 
an example of the editorial corrections, we have replaced the phrase 
``storage tank'' or ``tank'' with ``storage vessel.'' We have removed 
the definition of relief device since it is not used in the Oil and Gas 
NESHAP. We have corrected a reporting requirement by replacing 
``operating days'' with ``calendar days'' as it applies to the 
submission of Periodic Reports. Cross-referencing errors were corrected 
as applicable.

II. Corrections and Clarifications of Intent

    Some of the corrections in today's action are being made to clarify 
our intent in the promulgated rule. The following paragraphs present 
these changes and our rationale for making the changes.
    Applicability. As promulgated, subparts HH and HHH 
(Secs. 63.760(a)(1) and 63.1270(a)) require facilities that operate at 
or near their design throughput to use a throughput that is higher than 
their design maximum to calculate potential-to-emit (PTE). This outcome 
was not intended and is not consistent with the General Provisions (40 
CFR part 63, subpart A) in which PTE is defined to be ``the maximum 
capacity of a stationary source to emit a pollutant under its physical 
and operational design.'' Therefore, we have added text to 
Secs. 63.760(a)(1) and 63.1270(a) clarifying that owners and operators 
still have the option of using design maximum natural gas or 
hydrocarbon liquid throughput to estimate maximum PTE.
    Section 63.1270(a) states that a ``compressor station that 
transports natural gas prior to the point of custody transfer, or to a 
natural gas processing plant (if present) is considered a part of the 
oil and natural gas production source category.'' Our intent was to 
exclude a compressor station that transports natural gas prior to the 
point of custody transfer, or to a natural gas processing plant (if 
present) from the transmission and storage source category. Therefore, 
to clarify our intent, we have modified Sec. 63.1270(a) to state that a 
``compressor station that transports natural gas prior to the point of 
custody transfer, or to a natural gas processing plant (if present) is 
not considered a part of the natural gas transmission and storage 
source category.''
    Section 63.1270(a)(1) contains a set of five equations that an 
owner or operator could use in sequence to estimate maximum facility 
natural gas throughput. We have modified Sec. 63.1270(a)(1) by 
replacing the five equations with one equation, yielding the same 
result.
    Definitions. We have reworded the definition of custody transfer in 
Sec. 63.1271 by removing the phrase ``* * * from storage vessels or 
automatic transfer facilities, or other equipment, including product 
loading racks, to pipelines or any other forms of transportation.''
    The definition of major source in subpart HH was confusing because 
it was unclear that facilities that are not production field facilities 
(i.e., facilities located after the point of custody transfer) are 
required to aggregate HAP emissions from all HAP emission units for the 
major source determination. This is consistent with our interpretation 
of the associated equipment terminology in section 112(n)(4) of the CAA 
(64 FR 32618). We have added a sentence to the definition of major 
source in Sec. 63.761 to read: ``For facilities that are not production 
field facilities, HAP emissions from all HAP emission units shall be 
aggregated for a major source determination.''
    Startups, shutdowns, and malfunctions. Sections 63.762 and 63.1272 
of the Oil and Gas NESHAP require owners and operators to prepare 
startup, shutdown and malfunction plans, but do not provide an 
exemption for facilities that were subject to the rule but had no 
requirements (e.g., a natural gas processing plant, that was a major 
source, that has a dehydration unit with a throughput less than 18.4 
thousand standard cubic meters per day would be subject to the rule, 
but would have no control requirements). A startup, shutdown and 
malfunction plan would serve little purpose if there were no emission 
limit; therefore, today's action clarifies that facilities meeting the 
exemption criteria specified in Secs. 63.764(e) and 63.1274(d) are not 
required to prepare a startup, shutdown and malfunction plan.
    Test methods, compliance procedures, and compliance demonstrations. 
Sections 63.772(e)(1) and 63.1282(d)(1) provide exemptions from 
conducting performance tests under those sections for certain specified 
control devices, including flares. However, Secs. 63.772(e)(2) and 
63.1282(d)(2) require an owner or operator to comply with 
Sec. 63.11(b), which contains testing requirements for flares. Flares 
are not exempt from the testing requirements in Sec. 63.11(b), but are 
exempt from the performance test requirements in Secs. 63.772(e) and 
63.1282(d). Therefore, today's action clarifies that intent by 
modifying Secs. 63.772(e)(1)(i) and 63.1282(d)(1)(i) to state that 
except as specified in paragraph (e)(2) (or paragraph (d)(2) for 
subpart HHH), a flare designed and operated in accordance with 
Sec. 63.11(b) of the General Provisions is exempt from the performance 
testing requirements of the subpart(s).
    Also, Secs. 63.772(e)(3) and 63.1282(d)(3) state that the 
performance test must be subject to the schedule specified in 
Sec. 63.7(a)(2), meaning that the performance test results would be due 
240 days after the effective date of the rule, but Secs. 63.775(d) and 
63.1285(d) require the results to be submitted in the notification of 
compliance status report, 180 days after the effective date of the 
rule. To correct this inconsistency, today's action modifies 
Secs. 63.772(e)(3) and 63.1282(d)(3) to clarify that the performance 
test results must be submitted with the notification of compliance 
status report, but does not require owners or operators to follow the 
schedule specified in Sec. 63.7(a)(2) of the General Provisions.
    Finally, the Oil and Gas NESHAP allow an owner or operator to use 
GRI-GLYCalcTM in conjunction with the Atmospheric Rich/Lean 
Method to determine condenser performance as an alternative to the 
performance test procedures (Secs. 63.772(e)(5) and 63.1282(d)(5)). The 
results from the GRI-GLYCalcTM program (i.e., uncontrolled 
emissions) are the same, regardless of control device type. Therefore, 
today's action modifies Secs. 63.772(e)(3)(iii)(B) and 
63.1282(d)(3)(iii)(B) to allow owners or operators to use GRI-
GLYCalcTM to determine uncontrolled emissions.
    Inspection and monitoring requirements. Under Secs. 63.775(d) and 
63.1285(d), the owner or operator is required to submit a notification 
of compliance status report that contains information in 
Sec. 63.775(d)(1) through (12) in addition to the information in 
Sec. 63.9(h). Section 63.9(h)(2)(i)(B) of the General Provisions 
requires the owner

[[Page 34550]]

or operator to submit ``the results of any * * * monitoring procedures 
or other methods that were conducted * * *'' to demonstrate compliance 
with the standards. Today's action modifies Secs. 63.773(c)(2), 
63.775(d), 63.1283(c)(2) and 63.1285(d) to clarify that the owner or 
operator must submit inspection results without having to refer to the 
General Provisions.
    Similarly, Secs. 63.775(e) and 63.1285(e) require the owner or 
operator to submit periodic inspection results in the Periodic reports. 
Today's action modifies Secs. 63.773(c)(2) and 63.1283(c)(2) to refer 
the reader to the reporting requirements.
    We made an error in Sec. 63.773(d)(5) by stating that the owner or 
operator must comply with Sec. 63.773(d)(5)(i) for all control devices 
``except for condensers.'' Section Sec. 63.773(d)(5)(i) applies to all 
control devices, and owners and operators that install condensers must 
also comply with Sec. 63.773(d)(5)(ii). Therefore, today's action 
removes the phrase ``* * * except for condensers* * *'' from 
Sec. 63.773(d)(5).
    Flare monitoring devices cannot calculate a daily average or a 
minimum or maximum operating value because they merely indicate that 
the pilot flame is either on or off. Therefore, today's action adds 
language to Secs. 63.773(d) and 63.1283(d) clarifying that flares are 
exempt from calculating daily averages and minimum or maximum operating 
values.
    We were not clear in Sec. 63.773(d)(6)(iv) in stating that data 
available for less than 75 percent of the operating hours constitutes 
an excursion. Since averaging periods for demonstrating condenser 
compliance with the 95 percent control requirement can be either on a 
daily basis or 365-day basis, not specifying the period over which the 
data sufficiency criteria are evaluated could cause confusion. 
Therefore, today's action modifies Sec. 63.773(d)(6)(iv) to clarify 
that an excursion occurs when the data are available for less than 75 
percent of the operating hours in a day.
    Reporting requirements. Section 63.10(c)(8) of the General 
Provisions requires an owner or operator to report excess emissions and 
parameter monitoring exceedances as defined in the relevant standard. 
As promulgated, Secs. 63.775(e)(2)(i) and 63.1285(e)(2)(i) state that 
excess emissions are excursions. Therefore, since times when the pilot 
flame is absent would be a parameter monitoring excursion, reporting of 
the periods when the pilot flame is absent is required under the 
General Provisions. Today's action lists that requirement in 
Secs. 63.775(e)(x) and 63.1285(e)(ix).

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget (OMB). Because 
the EPA has made a ``good cause'' finding that this action is not 
subject to notice and comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of the UMRA. This action also does not significantly or uniquely 
affect the communities of tribal governments, as specified by Executive 
Order 13175 (65 FR 67249, November 6, 2000). These technical 
corrections do not have substantial direct effects on the States, or on 
the relationship between the national government and the States, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
These technical corrections also are not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997) because they are not economically 
significant.
    This technical correction action does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995 (15 U.S.C. 272) 
do not apply. These technical corrections also do not involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing these 
technical corrections, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). The 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of these rule amendments in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. This technical correction does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The EPA's compliance 
with these statutes and Executive Orders for the underlying rule is 
discussed in the June 17, 1999 Federal Register notice containing the 
Oil and Natural Gas Production final rule and Natural Gas Transmission 
and Storage final rule.
    The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.), as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement (5 U.S.C. 808(2)). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of June 29, 
2001. The EPA will submit 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 the rule in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects for 40 CFR Part 63

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

    Dated: June 8, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.

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

PART 63--[AMENDED]

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

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

Subpart HH-[AMENDED]

    2. Section 63.760 is amended by revising paragraph (a)(1) 
introductory text to read as follows:

[[Page 34551]]

Sec. 63.760  Applicability and designation of affected source.

    (a) * * *
    (1) Facilities that are major sources of hazardous air pollutants 
(HAP) as defined in Sec. 63.761. Emissions for major source 
determination purposes can be estimated using the maximum natural gas 
or hydrocarbon liquid throughput, as appropriate, calculated in 
paragraphs (a)(1)(i) through (iii) of this section. As an alternative 
to calculating the maximum natural gas or hydrocarbon liquid 
throughput, the owner or operator of a new or existing source may use 
the facility's design maximum natural gas or hydrocarbon liquid 
throughput to estimate the maximum potential emissions. Other means to 
determine the facility's major source status are allowed, provided the 
information is documented and recorded to the Administrator's 
satisfaction. A facility that is determined to be an area source, but 
subsequently increases its emissions or its potential to emit above the 
major source levels (without first obtaining and complying with other 
limitations that keep its potential to emit HAP below major source 
levels), and becomes a major source, must comply thereafter with all 
applicable provisions of this subpart starting on the applicable 
compliance date specified in paragraph (f) of this section. Nothing in 
this paragraph is intended to preclude a source from limiting its 
potential to emit through other appropriate mechanisms that may be 
available through the permitting authority.
* * * * *

    3. Section 63.761 is amended by revising the definitions of 
``Control device,'' ``Glycol dehydration unit process vent,'' and 
``Major source,'' and by removing the definition of ``Relief device'' 
to read as follows:


Sec. 63.761  Definitions.

* * * * *
    Control device means any equipment used for recovering or oxidizing 
HAP or volatile organic compound (VOC) vapors. Such equipment includes, 
but is not limited to, absorbers, carbon adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. For the purposes of 
this subpart, if gas or vapor from regulated equipment is used, reused 
(i.e., injected into the flame zone of an enclosed combustion device), 
returned back to the process, or sold, then the recovery system used, 
including piping, connections, and flow inducing devices, is not 
considered to be a control device or closed-vent system.
* * * * *
    Glycol dehydration unit process vent means the glycol dehydration 
unit reboiler vent and the vent from the GCG separator (flash tank), if 
present.
* * * * *
    Major source, as used in this subpart, shall have the same meaning 
as in Sec. 63.2, except that:
    (1) Emissions from any oil or gas exploration or production well 
(with its associated equipment, as defined in this section), and 
emissions from any pipeline compressor station or pump station shall 
not be aggregated with emissions from other similar units to determine 
whether such emission points or stations are major sources, even when 
emission points are in a contiguous area or under common control;
    (2) Emissions from processes, operations, or equipment that are not 
part of the same facility, as defined in this section, shall not be 
aggregated; and
    (3) For facilities that are production field facilities, only HAP 
emissions from glycol dehydration units and storage vessels with the 
potential for flash emissions shall be aggregated for a major source 
determination. For facilities that are not production field facilities, 
HAP emissions from all HAP emission units shall be aggregated for a 
major source determination.
* * * * *

    4. Section 63.762 is amended by revising paragraph (d) and by 
adding paragraph (e) to read as follows:


Sec. 63.762  Startups, shutdowns, and malfunctions.

* * * * *
    (d) Except as provided in paragraph (e) of this section, the owner 
or operator shall prepare a startup, shutdown, and malfunction plan as 
required in Sec. 63.6(e)(3), except that the plan is not required to be 
incorporated by reference into the source's title V permit as specified 
in Sec. 63.6(e)(3)(i). Instead, the owner or operator shall keep the 
plan on record as required by Sec. 63.6(e)(3)(v). The failure of the 
plan to adequately minimize emissions during startup, shutdown, or 
malfunctions does not shield an owner or operator from enforcement 
actions.
    (e) Owners or operators are not required to prepare a startup, 
shutdown, and malfunction plan for any facility where all of the 
affected sources meet the exemption criteria specified in 
Sec. 63.764(e).

    5. Section 63.764 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (e)(1) introductory text;
    c. Revising paragraph (e)(2) introductory text; and
    d. Revising paragraph (e)(2)(i).
    The revisions read as follows:


Sec. 63.764  General standards.

    (a) Table 2 of this subpart specifies the provisions of subpart A 
(General Provisions) of this part that apply and those that do not 
apply to owners and operators of affected sources subject to this 
subpart.
* * * * *
    (e) * * *
    (1) The owner or operator is exempt from the requirements of 
paragraph (c)(1) of this section if the criteria listed in paragraph 
(e)(1)(i) or (ii) of this section are met, except that the records of 
the determination of these criteria must be maintained as required in 
Sec. 63.774(d)(1).
* * * * *
    (2) The owner or operator is exempt from the requirements of 
paragraph (c)(3) of this section for ancillary equipment (as defined in 
Sec. 63.761) and compressors at a natural gas processing plant subject 
to this subpart if the criteria listed in paragraph (e)(2)(i) or (ii) 
of this section are met, except that the records of the determination 
of these criteria must be maintained as required in Sec. 63.774(d)(2).
    (i) Any ancillary equipment and compressors that contain or contact 
a fluid (liquid or gas) must have a total VHAP concentration less than 
10 percent by weight, as determined by the procedures specified in 
Sec. 63.772(a); or
* * * * *

    6. Section 63.765 is amended by revising paragraph (c)(3) 
introductory text to read as follows:


Sec. 63.765  Glycol dehydration unit process vent standards.

* * * * *
    (c) * * *
    (3) Control of HAP emissions from a GCG separator (flash tank) vent 
is not required if the owner or operator demonstrates, to the 
Administrator's satisfaction, that total emissions to the atmosphere 
from the glycol dehydration unit process vent are reduced by one of the 
levels specified in paragraph (c)(3)(i) or (ii) of this section, 
through the installation and operation of controls as specified in 
paragraph (b)(1) of this section.
* * * * *

    7. Section 63.769 is amended by revising paragraph (a) introductory 
text and paragraph (c)(6) to read as follows:

[[Page 34552]]

Sec. 63.769  Equipment leak standards.

    (a) This section applies to equipment subject to this subpart and 
specified in paragraphs (a)(1) and (2) of this section that is located 
at a natural gas processing plant and operates in VHAP service equal to 
or greater than 300 hours per calendar year.
* * * * *
    (c) * * *
    (6) Pumps in VHAP service, valves in gas/vapor and light liquid 
service, and pressure relief devices in gas/vapor service located 
within a natural gas processing plant that is located on the Alaskan 
North Slope are exempt from the routine monitoring requirements of 40 
CFR 61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) 
of this section.
* * * * *

    8. Section 63.771 is amended by revising paragraphs (b)(1) and 
(e)(2) to read as follows:


Sec. 63.771  Control equipment requirements.

* * * * *
    (b) Cover requirements.
    (1) The cover and all openings on the cover (e.g., access hatches, 
sampling ports, and gauge wells) shall be designed to form a continuous 
barrier over the entire surface area of the liquid in the storage 
vessel.
* * * * *
    (e) * * *
    (2) The owner or operator shall document, to the Administrator's 
satisfaction, the conditions for which glycol dehydration unit baseline 
operations shall be modified to achieve the 95.0 percent overall HAP 
emission reduction, either through process modifications or through a 
combination of process modifications and one or more control devices. 
If a combination of process modifications and one or more control 
devices are used, the owner or operator shall also establish the 
percent HAP reduction to be achieved by the control device to achieve 
an overall HAP emission reduction of 95.0 percent for the glycol 
dehydration unit process vent. Only modifications in glycol dehydration 
unit operations directly related to process changes, including but not 
limited to changes in glycol circulation rate or glycol-HAP absorbency, 
shall be allowed. Changes in the inlet gas characteristics or natural 
gas throughput rate shall not be considered in determining the overall 
HAP emission reduction due to process modifications.
* * * * *

    9. Section 63.772 is amended by:
    a. Revising paragraph (c)(6)(i);
    b. Revising paragraph (e)(1)(i);
    c. Revising paragraph (e)(3) introductory text;
    d. Revising paragraph (e)(3)(iii)(B) introductory text;
    e. Revising paragraph (e)(3)(iii)(B)(1);
    f. Adding paragraph (e)(3)(iii)(B)(4);
    g. Revising paragraph (f) introductory text;
    h. Revising paragraph (g) introductory text;
    i. Revising paragraph (g)(2) introductory text;
    j. Revising paragraph (g)(2)(iii) introductory text; and
    k. Revising paragraph (g)(3).
    The revisions and addition read as follows:


Sec. 63.772  Test methods, compliance procedures, and compliance 
demonstrations.

* * * * *
    (c) * * *
    (6) * * *
    (i) Except as provided in paragraph (c)(6)(ii) of this section, the 
detection instrument shall meet the performance criteria of Method 21 
of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the average 
composition of the process fluid, not each individual volatile organic 
compound in the stream. For process streams that contain nitrogen, air, 
or other inerts which are not organic hazardous air pollutants or 
volatile organic compounds, the average stream response factor shall be 
calculated on an inert-free basis.
* * * * *
    (e) * * *
    (1) * * *
    (i) Except as specified in paragraph (e)(2) of this section, a 
flare that is designed and operated in accordance with Sec. 63.11(b);
* * * * *
    (3) For a performance test conducted to demonstrate that a control 
device meets the requirements of Sec. 63.771(d)(1) or (e)(3)(ii), the 
owner or operator shall use the test methods and procedures specified 
in paragraphs (e)(3)(i) through (iv) of this section. The performance 
test results shall be submitted in the Notification of Compliance 
Status Report as required in Sec. 63.775(d)(1)(ii).
* * * * *
    (iii) * * *
    (B) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei, Eo) shall be computed using the 
equations and procedures specified in paragraphs (e)(3)(iii)(B)(1) 
through (3) of this section. As an alternative, the mass rate of either 
TOC (minus methane and ethane) or total HAP at the inlet of the control 
device (Ei) may be calculated using the procedures specified 
in paragraph (e)(3)(iii)(B)(4) of this section.
    (1) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR29JN01.025
    
Where:

Cij, Coj = Concentration of sample component j 
of the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of TOC (minus methane and 
ethane) or total HAP at the inlet and outlet of the control device, 
respectively, dry basis, kilogram per hour.
Mij, Moj = Molecular weight of sample 
component j of the gas stream at the inlet and outlet of the control 
device, respectively, gram/gram-mole.
Qi, Qo = Flowrate of gas stream at the inlet 
and outlet of the control device, respectively, dry standard cubic 
meter per minute.
K2 = Constant, 2.494 x 10-\6\ (parts per 
million) (gram-mole per standard cubic meter) (kilogram/gram) 
(minute/hour), where standard temperature (gram-mole per standard 
cubic meter) is 20  deg.C.
n = Number of components in sample.
* * * * *

    (4) As an alternative to the procedures for calculating 
Ei specified in paragraph (e)(3)(iii)(B)(1) of this section, 
the owner or operator may use the model GRI-GLYCalc\TM\, Version 3.0 or 
higher, and the procedures presented in the associated GRI-GLYCalc\TM\ 
Technical Reference Manual. Inputs to the model shall be representative 
of actual operating conditions of the glycol dehydration unit and shall 
be determined using the procedures documented in the Gas Research 
Institute (GRI) report entitled ``Atmospheric Rich/Lean Method for 
Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1). When the TOC 
mass rate is calculated for glycol dehydration units using the model 
GRI-GLYCalc\TM\, all organic compounds (minus methane and ethane) 
measured by Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 
CFR part 60, appendix A, shall be summed. When the total HAP mass rate 
is calculated for glycol dehydration units using the model GRI-
GLYCalc\TM\, only HAP chemicals listed in Table 1 of this subpart shall 
be summed.
* * * * *

[[Page 34553]]

    (f) Compliance demonstration for control device performance 
requirements. This paragraph applies to the demonstration of compliance 
with the control device performance requirements specified in 
Sec. 63.771(d)(1)(i) and (e)(3). Compliance shall be demonstrated using 
the requirements in paragraphs (f)(1) through (3) of this section. As 
an alternative, an owner or operator that installs a condenser as the 
control device to achieve the requirements specified in 
Sec. 63.771(d)(1)(ii) or (e)(3) may demonstrate compliance according to 
paragraph (g) of this section. An owner or operator may switch between 
compliance with paragraph (f) of this section and compliance with 
paragraph (g) of this section only after at least 1 year of operation 
in compliance with the selected approach. Notification of such a change 
in the compliance method shall be reported in the next Periodic Report, 
as required in Sec. 63.775(e), following the change.
* * * * *
    (g) Compliance demonstration with percent reduction performance 
requirements--condensers. This paragraph applies to the demonstration 
of compliance with the performance requirements specified in 
Sec. 63.771(d)(1)(ii) or (e)(3) for condensers. Compliance shall be 
demonstrated using the procedures in paragraphs (g)(1) through (3) of 
this section.
* * * * *
    (2) Compliance with the percent reduction requirement in 
Sec. 63.771(d)(1)(ii) or (e)(3) shall be demonstrated by the procedures 
in paragraphs (g)(2)(i) through (iii) of this section.
* * * * *
    (iii) Except as provided in paragraphs (g)(2)(iii)(A) and (B) of 
this section, at the end of each operating day, the owner or operator 
shall calculate the 365-day average HAP emission reduction from the 
condenser efficiencies as determined in paragraph (g)(2)(ii) of this 
section for the preceding 365 operating days. If the owner or operator 
uses a combination of process modifications and a condenser in 
accordance with the requirements of Sec. 63.771(e), the 365-day average 
HAP emission reduction shall be calculated using the emission reduction 
achieved through process modifications and the condenser efficiency as 
determined in paragraph (g)(2)(ii) of this section, both for the 
previous 365 operating days.
* * * * *
    (3) If the owner or operator has data for 365 days or more of 
operation, compliance is achieved with the emission limitation 
specified in Sec. 63.771(d)(1)(ii) or (e)(3) if the average HAP 
emission reduction calculated in paragraph (g)(2)(iii) of this section 
is equal to or greater than 95.0 percent.

    10. Section 63.773 is amended by:
    a. Revising paragraphs (c)(2)(i)(A) and (B);
    b. Revising paragraphs (c)(2)(ii)(A) through (C);
    c. Revising paragraphs (c)(2)(iii)(A) and (B);
    d. Revising paragraph (d)(1) introductory text;
    e. Revising paragraph (d)(5) introductory text; and
    f. Revising paragraph (d)(6)(iv).
    The revisions read as follows:


Sec. 63.773  Inspection and monitoring requirements.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (A) Conduct an initial inspection according to the procedures 
specified in Sec. 63.772(c) to demonstrate that the closed-vent system 
operates with no detectable emissions. Inspection results shall be 
submitted with the Notification of Compliance Status Report as 
specified in Sec. 63.775(d)(1) or (2).
    (B) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in piping; loose connections; or broken or 
missing caps or other closure devices. The owner or operator shall 
monitor a component or connection using the procedures in 
Sec. 63.772(c) to demonstrate that it operates with no detectable 
emissions following any time the component is repaired or replaced or 
the connection is unsealed. Inspection results shall be submitted in 
the Periodic Report as specified in Sec. 63.775(e)(2)(iii).
    (ii) * * *
    (A) Conduct an initial inspection according to the procedures 
specified in Sec. 63.772(c) to demonstrate that the closed-vent system 
operates with no detectable emissions. Inspection results shall be 
submitted with the Notification of Compliance Status Report as 
specified in Sec. 63.775(d)(1) or (2).
    (B) Conduct annual inspections according to the procedures 
specified in Sec. 63.772(c) to demonstrate that the components or 
connections operate with no detectable emissions. Inspection results 
shall be submitted in the Periodic Report as specified in 
Sec. 63.775(e)(2)(iii).
    (C) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in ductwork; loose connections; or broken or 
missing caps or other closure devices. Inspection results shall be 
submitted in the Periodic Report as specified in 
Sec. 63.775(e)(2)(iii).
    (iii) * * *
    (A) Conduct visual inspections for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover, or between the cover and the separator 
wall; broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices. In the case where the storage vessel is buried 
partially or entirely underground, inspection is required only for 
those portions of the cover that extend to or above the ground surface, 
and those connections that are on such portions of the cover (e.g., 
fill ports, access hatches, gauge wells, etc.) and can be opened to the 
atmosphere.
    (B) The inspections specified in paragraph (c)(2)(iii)(A) of this 
section shall be conducted initially, following the installation of the 
cover. Inspection results shall be submitted with the Notification of 
Compliance Status Report as specified in Sec. 63.775(d)(12). 
Thereafter, the owner or operator shall perform the inspection at least 
once every calendar year, except as provided in paragraphs (c)(5) and 
(6) of this section. Annual inspection results shall be submitted in 
the Periodic Report as specified in Sec. 63.775(e)(2)(iii).
* * * * *
    (d) * * *
    (1) For each control device, except as provided for in paragraph 
(d)(2) of this section, the owner or operator shall install and operate 
a continuous parameter monitoring system in accordance with the 
requirements of paragraphs (d)(3) through (9) of this section. Owners 
or operators that install and operate a flare in accordance with 
Sec. 63.771(d)(1)(iii) are exempt from the requirements of paragraphs 
(d)(4) and (5) of this section. The continuous monitoring system shall 
be designed and operated so that a determination can be made on whether 
the control device is achieving the applicable performance requirements 
of Sec. 63.771(d) or (e)(3). The continuous parameter monitoring system 
shall meet the following specifications and requirements:
* * * * *
    (5) For each operating parameter monitor installed in accordance 
with the requirements of paragraph (d)(3) of this section, the owner or 
operator shall

[[Page 34554]]

comply with paragraph (d)(5)(i) of this section for all control 
devices, and when condensers are installed, the owner or operator shall 
also comply with paragraph (d)(5)(ii) of this section.
* * * * *
    (6) * * *
    (iv) An excursion occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.
* * * * *

    11. Section 63.774 is amended by:
    a. Revising paragraph (b)(4)(i);
    b. Revising paragraph (b)(4)(ii)(A);
    c. Revising paragraph (b)(8);
    d. Revising paragraph (d)(2)(i);
    e. Revising paragraph (d)(2)(ii); and
    f. Revising paragraph (e)(3).
    The revisions read as follows:


Sec. 63.774  Recordkeeping requirements.

* * * * *
    (b) * * *
    (4) * * *
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.773(d) or specified by the 
Administrator in accordance with Sec. 63.773(d)(3)(iii). For flares, 
the hourly records and records of pilot flame outages specified in 
paragraph (e) of this section shall be maintained in place of 
continuous records.
    (ii) * * *
    (A) For flares, the records required in paragraph (e) of this 
section.
* * * * *
    (8) For each inspection conducted in accordance with Sec. 63.773(c) 
during which no leaks or defects are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks or defects were detected.
* * * * *
    (d) * * *
    (2) * * *
    (i) Information and data used to demonstrate that a piece of 
ancillary equipment or a compressor is not in VHAP service or not in 
wet gas service shall be recorded in a log that is kept in a readily 
accessible location.
    (ii) Identification and location of ancillary equipment or 
compressors, located at a natural gas processing plant subject to this 
subpart, that is in VHAP service less than 300 hours per year.
    (e) * * *
    (3) All hourly records and other recorded periods when the pilot 
flame is absent.

    12. Section 63.775 is amended by:
    a. Revising paragraph (d) introductory text;
    b. Revising paragraph (d)(1) introductory text;
    c. Removing ``; or'' at the end of paragraph (d)(1)(i) and adding 
in its place ``.'';
    d. Adding paragraph (d)(1)(iii);
    e. Revising paragraph (d)(2) introductory text;
    f. Removing '', and'' at the end of paragraph (d)(2)(i) and adding 
in its place ``.'';
    g. Adding paragraph (d)(2)(iii);
    h. Revising paragraph (d)(9);
    i. Adding paragraph (d)(12);
    j. Revising paragraph (e)(1);
    k. Revising paragraph (e)(2) introductory text;
    l. Revising paragraph (e)(2)(ii)(D); and
    m. Adding paragraph (e)(2)(x).
    The revisions and additions read as follows:


Sec. 63.775  Reporting requirements.

* * * * *
    (d) Each owner or operator of a source subject to this subpart 
shall submit a Notification of Compliance Status Report as required 
under Sec. 63.9(h) within 180 days after the compliance date specified 
in Sec. 63.760(f). In addition to the information required under 
Sec. 63.9(h), the Notification of Compliance Status Report shall 
include the information specified in paragraphs (d)(1) through (12) of 
this section. This information may be submitted in an operating permit 
application, in an amendment to an operating permit application, in a 
separate submittal, or in any combination of the three. If all of the 
information required under this paragraph has been submitted at any 
time prior to 180 days after the applicable compliance dates specified 
in Sec. 63.760(f), a separate Notification of Compliance Status Report 
is not required. If an owner or operator submits the information 
specified in paragraphs (d)(1) through (12) of this section at 
different times, and/or different submittals, subsequent submittals may 
refer to previous submittals instead of duplicating and resubmitting 
the previously submitted information.
    (1) If a closed-vent system and a control device other than a flare 
are used to comply with Sec. 63.764, the owner or operator shall submit 
the information in paragraph (d)(1)(iii) of this section and the 
information in either paragraph (d)(1)(i) or (ii) of this section.
* * * * *
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec. 63.773(c)(2)(i) and 
(ii).
    (2) If a closed-vent system and a flare are used to comply with 
Sec. 63.764, the owner or operator shall submit performance test 
results including the information in paragraphs (d)(2)(i) and (ii) of 
this section. The owner or operator shall also submit the information 
in paragraph (d)(2)(iii) of this section.
* * * * *
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec. 63.773(c)(2)(i) and 
(ii).
* * * * *
    (9) The owner or operator shall submit the analysis performed under 
Sec. 63.760(a)(1).
* * * * *
    (12) If a cover is installed to comply with Sec. 63.764, the 
results of the initial inspection performed according to the 
requirements specified in Sec. 63.773(c)(2)(iii).
    (e) * * *
    (1) An owner or operator shall submit Periodic Reports semiannually 
beginning 60 calendar days after the end of the applicable reporting 
period. The first report shall be submitted no later than 240 days 
after the date the Notification of Compliance Status Report is due and 
shall cover the 6-month period beginning on the date the Notification 
of Compliance Status Report is due.
    (2) The owner or operator shall include the information specified 
in paragraphs (e)(2)(i) through (x) of this section, as applicable.
* * * * *
    (D) For each excursion caused by the lack of monitoring data, as 
specified in Sec. 63.773(d)(6)(iv), the report must include the date 
and duration of the period when the monitoring data were not collected 
and the reason why the data were not collected.
* * * * *
    (x) For flares, the records specified in Sec. 63.774(e)(3).
* * * * *

    13. In Table 2 of subpart HH the entries ``Sec. 63.6(h)'', 
``Sec. 63.7(a)(2)'', ``Sec. 63.9(b)(2)'' and ``Sec. 63.10(b)(1)'' are 
revised to read as follows:

[[Page 34555]]



    Table 2.--To Subpart HH--Applicability of 40 CFR Part 63 General
                        Provisions to Subpart HH
------------------------------------------------------------------------
    General provisions        Applicable to
        reference               subpart HH             Explanation
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Sec.  63.6(h)............  No.................  Subpart HH does not
                                                 contain opacity or
                                                 visible emission
                                                 standards.
 
*                  *                  *                  *
                  *                  *                  *
Sec.  63.7(a)(2).........  Yes................  But the performance test
                                                 results must be
                                                 submitted within 180
                                                 days after the
                                                 compliance date.
 
*                  *                  *                  *
                  *                  *                  *
Sec.  63.9(b)(2).........  Yes................  Existing sources are
                                                 given 1 year (rather
                                                 than 120 days) to
                                                 submit this
                                                 notification.
 
*                  *                  *                  *
                  *                  *                  *
Sec.  63.10(b)(1)........  Yes................  Sec.  63.774(b)(1)
                                                 requires sources to
                                                 maintain the most
                                                 recent 12 months of
                                                 data on site and allows
                                                 offsite storage for the
                                                 remaining 4 years of
                                                 data.
------------------------------------------------------------------------

* * * * *

Subpart HHH--[AMENDED]

    14. Section 63.1270 is amended by revising paragraphs (a) 
introductory text and (a)(1) introductory text and by removing 
paragraphs (a)(1)(i) through (iii) to read as follows:


Sec. 63.1270  Applicability and designation of affected source.

    (a) This subpart applies to owners and operators of natural gas 
transmission and storage facilities that transport or store natural gas 
prior to entering the pipeline to a local distribution company or to a 
final end user (if there are no local HAP emissions as defined using 
Sec. 63.1271). Emissions for major source determination purposes can be 
estimated using the maximum natural gas throughput calculated in either 
paragraph (a)(1) or (2) of this section and paragraphs (a)(3) and (4) 
of this section. As an alternative to calculating the maximum natural 
gas throughput, the owner or operator of a new or existing source may 
use the facility design maximum natural gas throughput to estimate the 
maximum potential emissions. Other means to determine the facility's 
major source status are allowed, provided the information is documented 
and recorded to the Administrator's satisfaction. A compressor station 
that transports natural gas prior to the point of custody transfer or 
to a natural gas processing plant (if present) is not considered a part 
of the natural gas transmission and storage source category. A facility 
that is determined to be an area source, but subsequently increases its 
emissions or its potential to emit above the major source levels 
(without first obtaining and complying with other limitations that keep 
its potential to emit HAP below major source levels), and becomes a 
major source, must comply thereafter with all applicable provisions of 
this subpart starting on the applicable compliance date specified in 
paragraph (d) of this section. Nothing in this paragraph is intended to 
preclude a source from limiting its potential to emit through other 
appropriate mechanisms that may be available through the permitting 
authority.
    (1) Facilities that store natural gas or facilities that transport 
and store natural gas shall calculate maximum annual facility natural 
gas throughput using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN01.026

Where:

Throughput = Maximum annual facilitywide natural gas throughput in 
cubic meters per year.
IR max = Maximum facility injection rate in cubic meters 
per hour.
WR max = Maximum facility withdrawal rate in cubic meters 
per hour.
8,760 = Maximum hours of operation per year.

* * * * *

    15. Section 63.1271 is amended by revising the definitions of 
``Control device,'' ``Custody transfer,'' and ``Glycol dehydration unit 
process vent,'' and by removing the definition of ``Federal Energy 
Regulatory Commission Cushion or FERC Cushion'' to read as follows:


Sec. 63.1271  Definitions.

* * * * *
    Control device means any equipment used for recovering or oxidizing 
HAP or volatile organic compound (VOC) vapors. Such equipment includes, 
but is not limited to, absorbers, carbon absorbers, condensers, 
incinerators, flares, boilers, and process heaters. For the purposes of 
this subpart, if gas or vapor from regulated equipment is used, reused 
(i.e., injected into the flame zone of an enclosed combustion device), 
returned back to the process, or sold, then the recovery system used, 
including piping, connections, and flow inducing devices, is not 
considered to be a control device or a closed-vent system.
    Custody transfer means the transfer of natural gas after processing 
and/or treatment in the production operations to pipelines or any other 
forms of transportation.
* * * * *
    Glycol dehydration unit process vent means the glycol dehydration 
unit reboiler vent and the vent from the GCG separator (flash tank), if 
present.
* * * * *

    16. Section 63.1272 is amended by revising paragraph (d) and adding 
paragraph (e) to read as follows:


Sec. 63.1272  Startups, shutdowns, and malfunctions.

* * * * *
    (d) Except as provided in paragraph (e) of this section, the owner 
or operator shall prepare a startup, shutdown, or malfunction plan as 
required in Sec. 63.6(e)(3), except that the plan is not required to be 
incorporated by reference into the source's title V permit as specified 
in Sec. 63.6(e)(3)(i). Instead, the owner or operator shall keep the 
plan on record as required by Sec. 63.6(e)(3)(v). The failure of the 
plan to adequately minimize emissions during the startup, shutdown, or 
malfunction does not shield an owner or operator from enforcement 
actions.
    (e) Owners or operators are exempt from the requirements to prepare 
a startup, shutdown, or malfunction plan for any facility where all of 
the affected

[[Page 34556]]

sources meet the exemption criteria specified in Sec. 63.1274(d).

    17. Section 63.1274 is amended by revising paragraph (d) 
introductory text and paragraph (d)(1) to read as follows:


Sec. 63.1274  General standards.

* * * * *
    (d) Exemptions. The owner or operator is exempt from the 
requirements of paragraph (c) of this section if the criteria listed in 
paragraph (d)(1) or (2) of this section are met, except that the 
records of the determination of these criteria must be maintained as 
required in Sec. 63.1284(d).
    (1) The actual annual average flow of gas to the glycol dehydration 
unit is less than 283.0 thousand standard cubic meters per day, as 
determined by the procedures specified in Sec. 63.1282(a)(1); or
* * * * *

    18. Section 63.1275 is amended by revising paragraphs (a) and 
(c)(3) introductory text to read as follows:


Sec. 63.1275  Glycol dehydration unit process vents standards.

    (a) This section applies to each glycol dehydration unit subject to 
this subpart with an actual annual average natural gas flowrate equal 
to or greater than 283.0 thousand standard cubic meters per day and 
with actual average benzene glycol dehydration unit process vent 
emissions equal to or greater than 0.90 megagrams per year.
* * * * *
    (c) * * *
    (3) Control of HAP emissions from a GCG separator (flash tank) vent 
is not required if the owner or operator demonstrates, to the 
Administrator's satisfaction, that total emissions to the atmosphere 
from the glycol dehydration unit process vent are reduced by one of the 
levels specified in paragraph (c)(3)(i) or (ii) through the 
installation and operation of controls as specified in paragraph (b)(1) 
of this section.
* * * * *

    19. Section 63.1281 is amended by revising paragraph (e)(2) to read 
as follows:


Sec. 63.1281  Control equipment requirements.

* * * * *
    (e) * * *
    (2) The owner or operator shall document, to the Administrator's 
satisfaction, the conditions for which glycol dehydration unit baseline 
operations shall be modified to achieve the 95.0 percent overall HAP 
emission reduction, either through process modifications or through a 
combination of process modifications and one or more control devices. 
If a combination of process modifications and one or more control 
devices are used, the owner or operator shall also establish the 
percent HAP reduction to be achieved by the control device to achieve 
an overall HAP emission reduction of 95.0 percent for the glycol 
dehydration unit process vent. Only modifications in glycol dehydration 
unit operations directly related to process changes, including but not 
limited to changes in glycol circulation rate or glycol-HAP absorbency, 
shall be allowed. Changes in the inlet gas characteristics or natural 
gas throughput rate shall not be considered in determining the overall 
HAP emission reduction due to process modifications.
* * * * *

    20. Section 63.1282 is amended by:
    a. Revising paragraph (a)(1)(ii);
    b. Revising paragraph (b)(6)(i);
    c. Revising paragraph (d)(1)(i);
    d. Revising paragraph (d)(3) introductory text;
    e. Revising paragraph (d)(3)(iii)(B) introductory text;
    f. Revising paragraph (d)(3)(iii)(B)(1);
    g. Adding paragraph (d)(3)(iii)(B)(4);
    h. Revising paragraph (e) introductory text;
    i. Revising paragraph (f)(2) introductory text;
    j. Revising paragraph (f)(2)(iii) introductory text;
    k. Revising paragraph (f)(2)(iii)(A);
    l. Revising paragraph (f)(2)(iii)(B); and
    m. Revising paragraph (f)(3).
    The revisions and addition read as follows:


Sec. 63.1282  Test methods, compliance procedures, and compliance 
demonstrations.

    (a) * * *
    (1) * * *
    (ii) The owner or operator shall document, to the Administrator's 
satisfaction, that the actual annual average natural gas flowrate to 
the glycol dehydration unit is less than 283.0 thousand standard cubic 
meters per day.
* * * * *
    (b) * * *
    (6)(i) Except as provided in paragraph (b)(6)(ii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the average 
composition of the process fluid not each individual volatile organic 
compound in the stream. For process streams that contain nitrogen, air, 
or other inerts which are not organic HAP or VOC, the average stream 
response factor shall be calculated on an inert-free basis.
* * * * *
    (d) * * *
    (1) * * *
    (i) Except as specified in paragraph (d)(2) of this section, a 
flare that is designed and operated in accordance with Sec. 63.11(b);
* * * * *
    (3) For a performance test conducted to demonstrate that a control 
device meets the requirements of Sec. 63.1281(d)(1) or (e)(3)(ii), the 
owner or operator shall use the test methods and procedures specified 
in paragraphs (d)(3)(i) through (iv) of this section. The performance 
test results shall be submitted in the Notification of Compliance 
Status Report as required in Sec. 63.1285(d)(1)(ii).
* * * * *
    (iii) * * *
    (B) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei, Eo) shall be computed using the 
equations and procedures specified in paragraphs (d)(3)(iii)(B)(1) 
through (3) of this section. As an alternative, the mass rate of either 
TOC (minus methane and ethane) or total HAP at the inlet of the control 
device (Ei) may be calculated using the procedures specified 
in paragraph (d)(3)(iii)(B)(4) of this section.
    (1) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR29JN01.027
    
Where:
Cij, Coj = Concentration of sample component j 
of the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of TOC (minus methane and 
ethane) or total HAP at the inlet and outlet of the control device, 
respectively, dry basis, kilogram per hour.
Mij, Moj = Molecular weight of sample 
component j of the gas stream at the inlet and outlet of the control 
device, respectively, gram/gram-mole.
Qi, Qo = Flowrate of gas stream at the inlet 
and outlet of the control device, respectively, dry standard cubic 
meter per minute.
K2 = Constant, 2.494 x 10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) 
(kilogram/gram) (minute/hour), where standard temperature is 20  
deg.C.

[[Page 34557]]

n = Number of components in sample.

* * * * *
    (4) As an alternative to the procedures for calculating 
Ei specified in paragraph (d)(3)(iii)(B)(1) of this section, 
the owner or operator may use the model GRI-GLYCalcTM, 
Version 3.0 or higher, and the procedures presented in the associated 
GRI-GLYCalcTM Technical Reference Manual. Inputs to the 
model shall be representative of actual operating conditions of the 
glycol dehydration unit and shall be determined using the procedures 
documented in the Gas Research Institute (GRI) report entitled 
``Atmospheric Rich/Lean Method for Determining Glycol Dehydrator 
Emissions'' (GRI-95/0368.1). When the TOC mass rate is calculated for 
glycol dehydration units using the model GRI-GLYCalcTM, all 
organic compounds (minus methane and ethane) measured by Method 18, 40 
CFR part 60, appendix A, or Method 25A, 40 CFR part 60, appendix A, 
shall be summed. When the total HAP mass rate is calculated for glycol 
dehydration units using the model GRI-GLYCalcTM, only HAP 
chemicals listed in Table 1 of this subpart shall be summed.
* * * * *
    (e) Compliance demonstration for control devices performance 
requirements. This paragraph applies to the demonstration of compliance 
with the control device performance requirements specified in 
Sec. 63.1281(d)(1) and (e)(3)(ii). Compliance shall be demonstrated 
using the requirements in paragraphs (e)(1) through (3) of this 
section. As an alternative, an owner or operator that installs a 
condenser as the control device to achieve the requirements specified 
in Sec. 63.1281(d)(1)(ii) or (e)(3)(ii) may demonstrate compliance 
according to paragraph (f) of this section. An owner or operator may 
switch between compliance with paragraph (e) of this section and 
compliance with paragraph (f) of this section only after at least 1 
year of operation in compliance with the selected approach. 
Notification of such a change in the compliance method shall be 
reported in the next Periodic Report, as required in Sec. 63.1285(e), 
following the change.
* * * * *
    (f) * * *
    (2) Compliance with the percent reduction requirement in 
Sec. 63.1281(d)(1)(ii) or (e)(3) shall be demonstrated by the 
procedures in paragraphs (f)(2)(i) through (iii) of this section.
* * * * *
    (iii) Except as provided in paragraphs (f)(2)(iii)(A), (B), and (D) 
of this section, at the end of each operating day the owner or operator 
shall calculate the 30-day average HAP emission reduction from the 
condenser efficiencies as determined in paragraph (f)(2)(ii) of this 
section for the preceding 30 operating days. If the owner or operator 
uses a combination of process modifications and a condenser in 
accordance with the requirements of Sec. 63.1281(e), the 30-day average 
HAP emission reduction shall be calculated using the emission reduction 
achieved through process modifications and the condenser efficiency as 
determined in paragraph (f)(2)(ii) of this section, both for the 
preceding 30 operating days.
    (A) After the compliance date specified in Sec. 63.1270(d), an 
owner or operator of a facility that stores natural gas that has less 
than 30 days of data for determining the average HAP emission reduction 
shall calculate the cumulative average at the end of the withdrawal 
season, each season, until 30 days of condenser operating data are 
accumulated. For a facility that does not store natural gas, the owner 
or operator that has less than 30 days of data for determining average 
HAP emission reduction shall calculate the cumulative average at the 
end of the calendar year, each year, until 30 days of condenser 
operating data are accumulated.
    (B) After the compliance date specified in Sec. 63.1270(d), for an 
owner or operator that has less than 30 days of data for determining 
the average HAP emission reduction, compliance is achieved if the 
average HAP emission reduction calculated in paragraph (f)(2)(iii)(A) 
of this section is equal to or greater than 95.0 percent.
* * * * *
    (3) Compliance is achieved with the emission limitation specified 
in Sec. 63.1281(d)(1)(ii) or (e)(3) if the average HAP emission 
reduction calculated in paragraph (f)(2)(iii) of this section is equal 
to or greater than 95.0 percent.

    21. Section 63.1283 is amended by:
    a. Revising paragraphs (c)(2)(i)(A) and (B);
    b. Revising paragraphs (c)(2)(ii)(A) through (C);
    c. Revising paragraph (d)(1) introductory text; and
    d. Revising paragraph (d)(6)(iii).
    The revisions read as follows:


Sec. 63.1283  Inspection and monitoring requirements.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (A) Conduct an initial inspection according to the procedures 
specified in Sec. 63.1282(b) to demonstrate that the closed-vent system 
operates with no detectable emissions. Inspection results shall be 
submitted with the Notification of Compliance Status Report as 
specified in Sec. 63.1285(d)(1) or (2).
    (B) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in piping; loose connections; or broken or 
missing caps or other closure devices. The owner or operator shall 
monitor a component or connection using the procedures specified in 
Sec. 63.1282(b) to demonstrate that it operates with no detectable 
emissions following any time the component or connection is repaired or 
replaced or the connection is unsealed. Inspection results shall be 
submitted in the Periodic Report as specified in 
Sec. 63.1285(e)(2)(iii).
    (ii) * * *
    (A) Conduct an initial inspection according to the procedures 
specified in Sec. 63.1282(b) to demonstrate that the closed-vent system 
operates with no detectable emissions. Inspection results shall be 
submitted with the Notification of Compliance Status Report as 
specified in Sec. 63.1285(d)(1) or (2).
    (B) Conduct annual inspections according to the procedures 
specified in Sec. 63.1282(b) to demonstrate that the components or 
connections operate with no detectable emissions. Inspection results 
shall be submitted in the Periodic Report as specified in 
Sec. 63.1285(e)(2)(iii).
    (C) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in ductwork; loose connections; or broken or 
missing caps or other closure devices. Inspection results shall be 
submitted in the Periodic Report as specified in 
Sec. 63.1285(e)(2)(iii).
* * * * *
    (d) * * *
    (1) For each control device except as provided for in paragraph 
(d)(2) of this section, the owner or operator shall install and operate 
a continuous parameter monitoring system in accordance with the 
requirements of paragraphs (d)(3) through (9) of this section that will 
allow a determination to be made whether the control device is 
achieving the applicable performance requirements of Sec. 63.1281(d) or 
(e)(3). Owners or operators that install and operate a flare in 
accordance with Sec. 63.1281(d)(1)(iii) are exempt from the 
requirements of paragraphs (d)(4) and (5) of this section. The 
continuous

[[Page 34558]]

parameter monitoring system must meet the following specifications and 
requirements:
* * * * *
    (6) * * *
    (iii) An excursion occurs when the monitoring data are not 
available for at least 75 percent of the operating hours in a day.
* * * * *

    22. Section 63.1284 is amended by:
    a. Revising paragraph (b)(3) introductory text;
    b. Revising paragraphs (b)(4)(i) and (ii);
    c. Revising paragraph (b)(7)(iii); and
    d. Revising paragraph (e)(3).
    The revisions read as follows:


Sec. 63.1284  Recordkeeping requirements.

* * * * *
    (b) * * *
    (3) Records specified in Sec. 63.10(c) for each monitoring system 
operated by the owner or operator in accordance with the requirements 
of Sec. 63.1283(d). Notwithstanding the previous sentence, monitoring 
data recorded during periods identified in paragraphs (b)(3)(i) through 
(iv) of this section shall not be included in any average or percent 
leak rate computed under this subpart. Records shall be kept of the 
times and durations of all such periods and any other periods during 
process or control device operation when monitors are not operating.
* * * * *
    (4) * * *
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.1283(d) or specified by the 
Administrator in accordance with Sec. 63.1283(d)(3)(iii). For flares, 
the hourly records and records of pilot flame outages specified in 
paragraph (e) of this section shall be maintained in place of 
continuous records.
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.1283(d)(4). For flares, the records 
required in paragraph (e) of this section.
* * * * *
    (7) * * *
    (iii) Maximum instrument reading measured by the method specified 
in Sec. 63.1282(b) after the leak or defect is successfully repaired or 
determined to be nonrepairable.
* * * * *
    (e) * *  *
    (3) All hourly records and other recorded periods when the pilot 
flame is absent.

    23. Section 63.1285 is amended by:
    a. Revising paragraph (d) introductory text;
    b. Adding paragraph (d)(1)(iii);
    c. Adding paragraph (d)(2)(iii);
    d. Revising paragraph (e)(1);
    e. Revising paragraph (e)(2) introductory text;
    f. Revising paragraph (e)(2)(vii); and
    g. Adding paragraph (e)(2)(ix).
    The revisions and additions read as follows:


Sec. 63.1285  Reporting requirements.

* * * * *
    (d) Each owner or operator of a source subject to this subpart 
shall submit a Notification of Compliance Status Report as required 
under Sec. 63.9(h) within 180 days after the compliance date specified 
in Sec. 63.1270(d). In addition to the information required under 
Sec. 63.9(h), the Notification of Compliance Status Report shall 
include the information specified in paragraphs (d)(1) through (10) of 
this section. This information may be submitted in an operating permit 
application, in an amendment to an operating permit application, in a 
separate submittal, or in any combination of the three. If all of the 
information required under this paragraph have been submitted at any 
time prior to 180 days after the applicable compliance dates specified 
in Sec. 63.1270(d), a separate Notification of Compliance Status Report 
is not required. If an owner or operator submits the information 
specified in paragraphs (d)(1) through (10) of this section at 
different times, and/or different submittals, subsequent submittals may 
refer to previous submittals instead of duplicating and resubmitting 
the previously submitted information.
    (1) * * *
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec. 63.1283(c)(2)(i) and 
(ii).
    (2) * * *
    (iii) The results of the closed-vent system initial inspections 
performed according to the requirements in Sec. 63.1283(c)(2)(i) and 
(ii).
* * * * *
    (e) * * *
    (1) An owner or operator shall submit Periodic Reports semiannually 
beginning 60 calendar days after the end of the applicable reporting 
period. The first report shall be submitted no later than 240 days 
after the date the Notification of Compliance Status Report is due and 
shall cover the 6-month period beginning on the date the Notification 
of Compliance Status Report is due.
    (2) The owner or operator shall include the information specified 
in paragraphs (e)(2)(i) through (ix) of this section, as applicable.
* * * * *
    (vii) Any change in compliance methods as specified in 
Sec. 63.1282(e).
* * * * *
    (ix) For flares, the records specified in Sec. 63.1284(e).
* * * * *

    24. In Table 2 of subpart HHH the entries ``Sec. 63.6(f)(1)'' 
through ``Sec. 63.7(d)'' are added, and ``Sec. 63.9(b)(2)'' and 
``Sec. 63.10(b)(1)'' are revised to read as follows:

    Table 2.--To Subpart HHH--Applicability of 40 CFR Part 63 General
                        Provisions to Subpart HHH
------------------------------------------------------------------------
    General provisions        Applicable to
        reference              subpart HHH             Explanation
------------------------------------------------------------------------
 
*                  *                    *                  *
                    *                  *                  *
Sec.  63.6(f)(1).........  Yes................  ........................
Sec.  63.6(f)(2).........  Yes................  ........................
Sec.  63.6(f)(3).........  Yes................  ........................
Sec.  63.6(g)............  Yes................  ........................
Sec.  63.6(h)............  No.................  Subpart HHH does not
                                                 contain opacity or
                                                 visible emission
                                                 standards.
Sec.  63.6(i)(1)-(i)(14).  Yes................  ........................
Sec.  63.6(i)(15)........  No.................  Section reserved.
Sec.  63.6(i)(16)........  Yes................  ........................
Sec.  63.6(j)............  Yes................  ........................

[[Page 34559]]

 
Sec.  63.7(a)(1).........  Yes................  ........................
Sec.  63.7(a)(2).........  Yes................  But the performance test
                                                 results must be
                                                 submitted within 180
                                                 days after the
                                                 compliance date.
Sec.  63.7(a)(3).........  Yes................  ........................
Sec.  63.7(b)............  Yes................  ........................
Sec.  63.7(c)............  Yes................  ........................
Sec.  63.7(d)............  Yes................  ........................
 
*                  *                    *                  *
                    *                  *                  *
Sec.  63.9(b)(2).........  Yes................  Existing sources are
                                                 given 1 year (rather
                                                 than 120 days) to
                                                 submit this
                                                 notification.
 
*                  *                    *                  *
                    *                  *                  *
Sec.  63.10(b)(1)........  Yes................  Section 63.1284(b)(1)
                                                 requires sources to
                                                 maintain the most
                                                 recent 12 months of
                                                 data on site and allows
                                                 offsite storage for the
                                                 remaining 4 years of
                                                 data.
------------------------------------------------------------------------


[FR Doc. 01-16438 Filed 6-28-01; 8:45 am]
BILLING CODE 6560-50-U